2012 Oklahoma Statutes
Title 74 - State Government


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<p><span class="cls0">&sect;741. Office Location of.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8051. &nbsp;</span></p> <p><span class="cls0">&sect;742. May remove officers appointed.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8052. &nbsp;</span></p> <p><span class="cls0">&sect;742.1. Filing of Gubernatorial appointments with Senate.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1981, c. 272, &sect; 43, eff. July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;742.2. Vacancies requiring legislative confirmation Interim appointments.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 No person whose nomination has been withdrawn by the Governor or other appointing authority after the effective date of this act or rejected by one or both houses of the Legislature after the effective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.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 303, &sect; 36, emerg. eff. July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;74-2.3. "Congressional district" defined.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 364, &sect; 1, emerg. eff. June 4, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-2.4. Change in number of congressional districts - Conflicts in board membership requirements.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 364, &sect; 13, emerg. eff. June 4, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;743. Journal of official acts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8053. &nbsp;</span></p> <p><span class="cls0">&sect;744. Military record to be kept.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8054. &nbsp;</span></p> <p><span class="cls0">&sect;745. Reward for criminal's arrest.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8055. &nbsp;</span></p> <p><span class="cls0">&sect;746. May employ counsel for State.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8056. &nbsp;</span></p> <p><span class="cls0">&sect;747. Maintenance of Governor's mansion.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1929, c. 272, p. 395, &sect; 1, emerg. eff. June 13, 1929. Amended by Laws 1983, c. 334, &sect; 7, emerg. eff. June 30, 1983; Laws 1992, c. 332, &sect; 8, eff. July 1, 1992; Laws 1999, c. 165, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;748. Governor Incapacity Devolution of powers and duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 111, &sect; 1, emerg. eff. May 28, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;749.2. SECTION 749.2 Other necessary committees Expenses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1941, p. 439, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;749.11. Division of Planning and Management Analysis.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(2) Provide assistance and coordination to state agencies in the identification of programs essential for the accomplishment of approved goals and objectives.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1975, c. 140, &sect; 2, emerg. eff. May 20, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;74-9.21. Creation of office.&nbsp;</span></p> <p><span class="cls0">There is hereby established an agency of the executive branch of state government to be known as the Office of Disability Concerns.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 135, &sect; 1. Amended by Laws 2007, c. 98, &sect; 4, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-9.22. Powers and duties.&nbsp;</span></p> <p><span class="cls0">The Office of Disability Concerns shall have the following powers and duties:&nbsp;</span></p> <p><span class="cls0">1. To identify the needs of people with disabilities on a continuing basis and to attempt to meet those needs;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. To generate community awareness and support of programs for people with disabilities;&nbsp;</span></p> <p><span class="cls0">4. To advise and assist the Governor and the Legislature in developing policies to meet the needs of people with disabilities; and&nbsp;</span></p> <p><span class="cls0">5. To assist agencies in meeting the requirements of Public Law 93-112, and subsequent amendments thereto, as the same pertain to people with disabilities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 135, &sect; 2. Amended by Laws 1996, c. 132, &sect; 1, eff. Nov. 1, 1996; Laws 2007, c. 98, &sect; 5, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-9.23. Director - Appointment, duties and compensation of employees.&nbsp;</span></p> <p><span class="cls0">A. The Office of Disability 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.&nbsp;</span></p> <p><span class="cls0">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 Disability Concerns.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 135, &sect; 3. Amended by Laws 2007, c. 98, &sect; 6, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-9.24. Additional duties.&nbsp;</span></p> <p><span class="cls0">The Office of Disability Concerns shall be responsible for the following duties:&nbsp;</span></p> <p><span class="cls0">1. To carry out the responsibilities of the Governor's Advisory Committee on Employment of People with Disabilities;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. To implement the provisions of Public Law 93112, and subsequent amendments thereto, as such pertain to people with disabilities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 135, &sect; 4. Amended by Laws 1986, c. 169, &sect; 5, operative July 1, 1986; Laws 1996, c. 132, &sect; 2, eff. Nov. 1, 1996; Laws 2007, c. 98, &sect; 7, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-9.25. Assistance of Governor's advisory committees.&nbsp;</span></p> <p><span class="cls0">The Office of Disability 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 Disability Concerns.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 135, &sect; 5. Amended by Laws 1996, c. 132, &sect; 3, eff. Nov. 1, 1996; Laws 2007, c. 98, &sect; 8, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-9.26. Governor's Advisory Committee to the Office of Disability Concerns.&nbsp;</span></p> <p><span class="cls0">The Governor's Advisory Committee to the Office of Disability 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 135, &sect; 6. Amended by Laws 1996, c. 132, &sect; 4, eff. Nov. 1, 1996; Laws 2007, c. 98, &sect; 9, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-9.27. Rules and regulations.&nbsp;</span></p> <p><span class="cls0">The Office of Disability Concerns is hereby authorized to make necessary rules and regulations to carry out the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 135, &sect; 7. Amended by Laws 2007, c. 98, &sect; 10, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;749.27A. Client Assistance Program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1986, c. 169, &sect; 4, operative July 1, 1986. Amended by Laws 1987, c. 206, &sect; 7, operative July 1, 1987; Laws 1987, c. 236, &sect; 1, emerg. eff. July 20, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;74-9.28. Transfer of powers and duties, etc. of Governor's Advisory Committee on Employment of People with Disabilities.&nbsp;</span></p> <p><span class="cls0">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 Disability Concerns.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 135, &sect; 8. Amended by Laws 1996, c. 132, &sect; 5, eff. Nov. 1, 1996; Laws 2007, c. 98, &sect; 11, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-9.29. The Governor's Advisory Committee on Employment of People with Disabilities - Creation.&nbsp;</span></p> <p><span class="cls0">There is hereby created within the Office of Disability Concerns a division for "The Governor's Advisory Committee on Employment of People with Disabilities".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 522, &sect; 1, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, &sect; 9. Renumbered from &sect; 301 of Title 40 by Laws 1980, c. 135, &sect; 16. Amended by Laws 1996, c. 132, &sect; 6, eff. Nov. 1, 1996; Laws 2007, c. 98, &sect; 12, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;749.30. Purpose of act Cooperation with other agencies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 522, &sect; 2, emerg. eff. May 24, 1957. Renumbered from Title 40, &sect; 302 by Laws 1980, c. 135, &sect; 16. Amended by Laws 1996, c. 132, &sect; 7, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-9.31. Governor's Advisory Committee on Employment of People with Disabilities - Membership - Appointment - Vacancies - Travel expenses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 523, &sect; 3, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, &sect; 10. Renumbered from Title 40, &sect; 303 by Laws 1980, c. 135, &sect; 16. Amended by Laws 1996, c. 132, &sect; 8, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;749.32. Executive committee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 523, &sect; 5, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, &sect; 11. Renumbered from Title 40, &sect; 305 by Laws 1980, c. 135, &sect; 16. Amended by Laws 1996, c. 132, &sect; 9, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-9.33. Office of Disability Concerns Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is created in the State Treasury a revolving fund for the Office of Disability Concerns to be designated as the "Office of Disability 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 Disability 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 Disability 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 523, &sect; 6, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, &sect; 12. Renumbered from &sect; 306 of Title 40 by Laws 1980, c. 135, &sect; 16. Amended by Laws 1988, c. 174, &sect; 4, operative July 1, 1988; Laws 2007, c. 98, &sect; 13, eff. Nov. 1, 2007; Laws 2012, c. 304, &sect; 693.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-9.34. Gifts, donations, bequests or grants.&nbsp;</span></p> <p><span class="cls0">The Office of Disability 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 well-being 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 523, &sect; 7, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, &sect; 13. Renumbered from &sect; 307 of Title 40 by Laws 1980, c. 135, &sect; 16. Amended by Laws 1996, c. 132, &sect; 10, eff. Nov. 1, 1996; Laws 2007, c. 98, &sect; 14, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;749.35. Nonpartisan and nonprofit character of Committee.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 524, &sect; 8, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, &sect; 14. Renumbered from Title 40, &sect; 308 by Laws 1980, c. 135, &sect; 16. Amended by Laws 1996, c. 132, &sect; 11, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-9.41. Repealed by Laws 2000, c. 251, &sect; 4, eff. July 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;74-10. Compensation when acting as Governor.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 585, &sect; 1, emerg. eff. May 16, 1947.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7410.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 5 of this act shall be known and may be cited as the "Executive Branch Reform Act of 1986".&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1986, c. 207, &sect; 1, emerg. eff. June 6, 1986. &nbsp;</span></p> <p><span class="cls0">&sect;7410.2. Purpose of act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1986, c. 207, &sect; 2, emerg. eff. June 6, 1986. &nbsp;</span></p> <p><span class="cls0">&sect;74-10.3. See the following versions:&nbsp;</span></p> <p><span class="cls0">OS 74-10.3v1 (HB 2834, Laws 2012, c. 127, &sect; 1).&nbsp;</span></p> <p><span class="cls0">OS 74-10.3v2 (HB 3079, Laws 2012, c. 304, &sect; 694).&nbsp;</span></p> <p><span class="cls0">&sect;74-10.3v1. Cabinet system to be created.&nbsp;</span></p> <p><span class="cls0">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. 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 specific cabinet area or department by providing by law for specific cabinet areas or departments, or removes by law the authority of the Governor to create a cabinet area. At any time during the Governor&rsquo;s term of office, the cabinet may be modified at the sole discretion of the Governor subject to Senate confirmation as provided by subsection B of this section.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Advise the Governor of any policy changes or problems within the area they represent;&nbsp;</span></p> <p><span class="cls0">2. Advise the entities represented of any policy changes or problems as directed by the Governor; and&nbsp;</span></p> <p><span class="cls0">3. Coordinate information gathering for the Legislature as requested.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 207, &sect; 3, emerg. eff. June 6, 1986. Amended by Laws 1989, c. 27, &sect; 2, operative July 1, 1989; Laws 2003, c. 371, &sect; 1; Laws 2005, c. 65, &sect; 1, eff. Nov. 1, 2005; Laws 2005, c. 428, &sect; 1, emerg. eff. June 6, 2005; Laws 2009, c. 451, &sect; 22, eff. April 5, 2010; Laws 2012, c. 127, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2003, c. 189, &sect; 1 repealed by Laws 2003, c. 371, &sect; 4.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: &ldquo;The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-10.3v2. Cabinet system to be created.&nbsp;</span></p> <p><span class="cls0">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. 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. One cabinet area shall consist of the Information Services Division of the Office of Management and Enterprise Services and all the functions of all executive agencies, boards, commissions and institutions related to information technology and telecommunications. 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.&nbsp;</span></p> <p><span class="cls0">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. The Secretary for the cabinet area consisting of the Information Services Division of the Office of Management and Enterprise Services and all related information technology and telecommunications functions of state government shall be the Chief Information Officer who shall be appointed pursuant to Section 34.11.1 of Title 62 of the Oklahoma Statutes. 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:&nbsp;</span></p> <p><span class="cls0">1. Advise the Governor of any policy changes or problems within the area they represent;&nbsp;</span></p> <p><span class="cls0">2. Advise the entities represented of any policy changes or problems as directed by the Governor; and&nbsp;</span></p> <p><span class="cls0">3. Coordinate information gathering for the Legislature as requested.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 207, &sect; 3, emerg. eff. June 6, 1986. Amended by Laws 1989, c. 27, &sect; 2, operative July 1, 1989; Laws 2003, c. 371, &sect; 1; Laws 2005, c. 65, &sect; 1, eff. Nov. 1, 2005; Laws 2005, c. 428, &sect; 1, emerg. eff. June 6, 2005; Laws 2009, c. 451, &sect; 22, eff. April 5, 2010; Laws 2012, c. 304, &sect; 694.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2003, c. 189, &sect; 1 repealed by Laws 2003, c. 371, &sect; 4.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: &ldquo;The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-10.4. Executive environmental subcommittee of Governor's cabinet.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The executive environmental committee shall:&nbsp;</span></p> <p><span class="cls0">1. Coordinate pollution control programs of the state carried on by all state agencies to avoid duplication of effort;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Maintain a central repository for all duly promulgated rules pertaining to environmental pollution prevention, control and abatement; and&nbsp;</span></p> <p><span class="cls0">5. Perform such other duties assigned to it by the Governor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 398, &sect; 19, eff. Jan. 1, 1993. Amended by Laws 1999, c. 413, &sect; 18, eff. Nov. 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-10.5. Salaries.&nbsp;</span></p> <p><span class="cls0">Notwithstanding other limits established by law, the following cabinet Secretaries may be annually compensated for their services, payable monthly, as follows:&nbsp;</span></p> <p><span class="cls0">1. The Secretary of Human Resources and Administration may receive a maximum salary of Seventy Five Thousand Dollars ($75,000.00);&nbsp;</span></p> <p><span class="cls0">2. The Secretary of Agriculture may receive a maximum salary of Seventy Thousand Dollars ($70,000.00);&nbsp;</span></p> <p><span class="cls0">3. The Secretary of Commerce and Tourism may receive a maximum salary of Seventy Thousand Dollars ($70,000.00);&nbsp;</span></p> <p><span class="cls0">4. The Secretary of Education may receive a maximum salary of Sixty-five Thousand Dollars ($65,000.00);&nbsp;</span></p> <p><span class="cls0">5. The Secretary of Energy may receive a maximum salary of Seventy Thousand Dollars ($70,000.00);&nbsp;</span></p> <p><span class="cls0">6. The Secretary of Finance and Administration may receive a maximum salary of Ninety Thousand Dollars ($90,000.00);&nbsp;</span></p> <p><span class="cls0">7. The Secretary of Health and the Secretary of Human Services may receive a maximum salary of Eighty Thousand Dollars ($80,000.00);&nbsp;</span></p> <p><span class="cls0">8. The Secretary of Safety and Security may receive a maximum salary of Eighty-five Thousand Dollars ($85,000.00);&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">10. The Secretary of Veterans Affairs may receive a maximum salary of Sixty-five Thousand Dollars ($65,000.00).&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1997, c. 384, &sect; 2, eff. July 1, 1997. Amended by Laws 2000, c. 418, &sect; 13, eff. July 1, 2000; Laws 2003, c. 371, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-10.6. Renumbered as &sect; 51.1 of this title by Laws 2004, c. 157, &sect; 8, emerg. eff. April 26, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;7418. Attorney General as chief law officer.&nbsp;</span></p> <p><span class="cls0">The Attorney General shall be the chief law officer of the state.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1939, p. 44, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;7418a. Oath of office.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1939, p. 44, &sect; 2; Laws 1973, c. 131, &sect; 1, emerg. eff. May 10, 1973; Laws 1980, c. 159, &sect; 32, emerg. eff. April 2, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;74-18b. Duties of Attorney General - Counsel of Corporation Commission as representative on appeal from Commission.&nbsp;</span></p> <p><span class="cls0">A. The duties of the Attorney General as the chief law officer of the state shall be:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">9. To enforce the proper application of monies appropriated by the Legislature and to prosecute breaches of trust in the administration of such funds;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">11. To pay into the State Treasury, immediately upon its receipt, all monies received by the Attorney General belonging to the state;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">14. To keep a complete office file of all cases and investigations handled by the Attorney General on behalf of the state;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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; and &nbsp;</span></p> <p><span class="cls0">22. 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1939, p. 44, &sect; 3, emerg. eff. May 21, 1939. Amended by Laws 1976, c. 130, &sect; 1, emerg. eff. May 24, 1976; Laws 1979, c. 30, &sect; 53, emerg. eff. April 6, 1979; Laws 1979, c. 241, &sect; 17, operative July 1, 1979; Laws 1982, c. 26, &sect; 1, operative Oct. 1, 1982; Laws 1987, c. 39, &sect; 1, eff. Nov. 1, 1987; Laws 1991, c. 17, &sect; 3, eff. Sept. 1, 1991; Laws 1992, c. 294, &sect; 14, eff. Sept. 1, 1992; Laws 1993, c. 349, &sect; 32, eff. Sept. 1, 1993; Laws 1995, c. 328, &sect; 12, eff. July 1, 1995; Laws 1996, c. 295, &sect; 1, eff. July 1, 1996; Laws 1999, c. 344, &sect; 4, emerg. eff. June 8, 1999; Laws 2010, c. 37, &sect; 4, eff. Nov. 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-18c. Employment of attorneys, authority of boards or officials - Defense of actions by Attorney General.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 State 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 Oklahoma Merit Protection Commission, the Office of Management and Enterprise Services, the Oklahoma Water Resources Board, the Department of Labor, the Department of Agriculture, Food, and Forestry, 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, the Office of Juvenile Affairs, and the State Board of Pharmacy.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">4. All the legal duties of such officer, board or commission shall devolve upon and are hereby vested in the Attorney General; provided that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1939, p. 46, &sect; 4, emerg. eff. May 21, 1939. Amended by Laws 1947, p. 585, &sect; 1, emerg. eff. April 23, 1947; Laws 1982, c. 35, &sect; 2, emerg. eff. March 26, 1982; Laws 1985, c. 294, &sect; 7, emerg. eff. July 24, 1985; Laws 1991, c. 335, &sect; 28, emerg. eff. June 15, 1991; Laws 1994, c. 382, &sect; 47, eff. Sept. 1, 1994; Laws 1995, c. 76, &sect; 3, eff. July 1, 1995; Laws 1995, c. 352, &sect; 194, eff. July 1, 1995; Laws 1996, c. 3, &sect; 18, emerg. eff. March 6, 1996; Laws 1997, c. 296, &sect; 1, eff. Sept. 1, 1997; Laws 1998, c. 230, &sect; 3, eff. Nov. 1, 1998; Laws 1999, c. 1, &sect; 30, emerg. eff. Feb. 24, 1999; Laws 2002, c. 438, &sect; 4, eff. July 1, 2002; Laws 2005, c. 405, &sect; 8, eff. July 1, 2005; Laws 2010, c. 55, &sect; 1, eff. Nov. 1, 2010; Laws 2012, c. 304, &sect; 695.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1985, c. 283, &sect; 5 repealed by Laws 1991, c. 335, &sect; 37, emerg. eff. June 15, 1991. Laws 1994, c. 242, &sect; 47 repealed by Laws 1995, c. 1, &sect; 40, emerg. eff. March 2, 1995. Laws 1995, c. 1, &sect; 29 repealed by Laws 1995, c. 260, &sect; 3, eff. July 1, 1995. Laws 1995, c. 260, &sect; 2 repealed by Laws 1996, c. 3, &sect; 25, emerg. eff. March 6, 1996. Laws 1998, c. 203, &sect; 3 repealed by Laws 1999, c. 1, &sect; 45, emerg. eff. Feb. 24, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-18c-2. Repealed by Laws 1995, c. 180, &sect; 2, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;7418d. District attorneys, aiding and requiring aid of.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1939, p. 46, &sect; 5. &nbsp;</span></p> <p><span class="cls0">&sect;7418e. Criminal actions Quo warranto Appearance before grand juries.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1939, p. 47, &sect; 6.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-18f. Investigations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1939, p. 47, &sect; 7, emerg. eff. April 21, 1939. Amended by Laws 1979, c. 30, &sect; 136, emerg. eff. April 6, 1979; Laws 1997, c. 136, &sect; 2, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7418g. Appearance not waiver of immunity of State.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1939, p. 49, &sect; 13. &nbsp;</span></p> <p><span class="cls0">&sect;74-18l. Collection of fees for legal services from certain agencies.&nbsp;</span></p> <p><span class="cls0">The Office of the Attorney General may levy and collect a reasonable fee from the Department of Consumer Credit, the Office of Management and Enterprise Services, the Teachers' Retirement System of Oklahoma, the Oklahoma Public Employees Retirement System, the Oklahoma Development Finance Authority, the Oklahoma Industrial Finance Authority, the Oklahoma Student Loan Authority, the Department of Mental Health and Substance Abuse Services, the Oklahoma Health Care Authority, the Board of Regents of Oklahoma Colleges, the Oklahoma State Regents for Higher Education, the Oklahoma Department of Career and Technology Education, the Oklahoma Department of Veterans Affairs, the State Fire Marshal Commission, the Commission on Children and Youth, the Oklahoma Department of Agriculture, Food, and Forestry, the Oklahoma Human Rights Commission, the Oklahoma Law Enforcement Retirement System, the Oklahoma Police Pension and Retirement System, the Oklahoma Tourism and Recreation Department, and the Department of Rehabilitation Services for the purpose of providing legal services requested by such entities. All fees collected in accordance with the provisions of this section shall be deposited in the Attorney General's Revolving Fund created pursuant to Section 20 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 203, &sect; 8, operative July 1, 1987. Amended by Laws 1989, c. 228, &sect; 9, operative July 1, 1989; Laws 1990, c. 270, &sect; 2, eff. Sept. 1, 1990; Laws 1991, c. 335, &sect; 29, emerg. eff. June 15, 1991; Laws 1993, c. 10, &sect; 13, emerg. eff. March 21, 1993; Laws 1994, c. 282, &sect; 6, eff. July 1, 1994; Laws 1995, c. 1, &sect; 30, emerg. eff. March 2, 1995; Laws 2001, c. 33, &sect; 168, eff. July 1, 2001; Laws 2012, c. 304, &sect; 696.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1990, c. 264, &sect; 7 repealed by Laws 1991, c. 282, &sect; 13, eff. July 1, 1991 and Laws 1991, c. 335, &sect; 36, emerg. eff. June 15, 1991. Laws 1991, c. 282, &sect; 8 repealed by Laws 1993, c. 10, &sect; 16, emerg. eff. March 21, 1993. Laws 1994, c. 280, &sect; 7 repealed by Laws 1995, c. 1, &sect; 40, emerg. eff. March 2, 1995.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-18m-1. Workers' Compensation Fraud Unit.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created within the Office of the Attorney General a Workers' Compensation Fraud Unit.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 349, &sect; 27, eff. Sept. 1, 1993. Amended by Laws 1994, 2nd Ex. Sess., c. 1, &sect; 16, emerg. eff. Nov. 4, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-18m-2. Workers' compensation fraud - Powers of Attorney General or designee - Records, documents, reports and evidence confidential.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 349, &sect; 28, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-18n-1. Insurance Fraud Unit.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created within the Office of the Attorney General an Insurance Fraud Unit.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 344, &sect; 5, emerg. eff. June 8, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-18n-2. Power of Attorney General to investigate insurance fraud &ndash; Confidentiality of records.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Nothing in this section shall be construed to waive, limit or impair any evidentiary privilege recognized by law.&nbsp;</span></p> <p><span class="cls0">C. As used in this section, &ldquo;records&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">D. Records, documents, reports and evidence obtained or created by the Office of the Attorney General as a result of insurance fraud, including workers&rsquo; 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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 344, &sect; 6, emerg. eff. June 8, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-18p-1. Victims Services Unit.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created within the Office of the Attorney General a Victims Services Unit.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. As used in this act, &ldquo;domestic violence program&rdquo; or &ldquo;sexual assault program&rdquo; means an agency, organization, facility or person that offers, provides or engages in the offering of any shelter, residential services or support services to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Victims or survivors of sexual assault;&nbsp;</span></p> <p><span class="cls0">3. Persons who are homeless as a result of domestic abuse or sexual assault or both domestic abuse and sexual assault; and&nbsp;</span></p> <p><span class="cls0">4. Victims of stalking,&nbsp;</span></p> <p><span class="cls0">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, sexual assault or stalking.&nbsp;</span></p> <p><span class="cls0">D. As used in this act, &ldquo;batterers intervention program&rdquo; or &ldquo;batterers treatment program&rdquo; means an agency, organization, facility or person who offers, provides or engages in the offering of counseling or intervention services to persons who commit domestic abuse.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 348, &sect; 1, eff. July 1, 2005. Amended by Laws 2007, c. 156, &sect; 6, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-18p-2. Domestic Violence and Sexual Assault Advisory Council.&nbsp;</span></p> <p><span class="cls0">A. There is hereby re-created, to continue until July 1, 2013, 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 348, &sect; 2, eff. July 1, 2005. Amended by Laws 2009, c. 23, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-18p-3. Contracts for shelter and services - Disclosure of case records, shelter locations or board member information.&nbsp;</span></p> <p><span class="cls0">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, sexual assault or batterers intervention programs. Any domestic violence, sexual assault or batterers intervention program providing services pursuant to certification by the Attorney General or 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s death or disability, of the individual&rsquo;s personal representative or other person authorized to sue on the individual&rsquo;s behalf or by court order for good cause shown by the judge in camera.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 348, &sect; 3, eff. July 1, 2005. Amended by Laws 2007, c. 156, &sect; 7, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-18p-4. Minor mothers.&nbsp;</span></p> <p><span class="cls0">A. As used in this section, &ldquo;minor mother&rdquo; means an unemancipated female under the age of eighteen (18) years of age who is pregnant or the biological parent of any child.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. The emergency custody hearing provided for in Section 1-4-202 of Title 10A 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 348, &sect; 4, eff. July 1, 2005. Amended by Laws 2009, c. 234, &sect; 159, emerg. eff. May 21, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-18p-5. Statewide telephone communication service for victims.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 348, &sect; 5, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-18p-6. Promulgation of rules - Certification - Exemptions - Standards for facilities and programs - Application fees.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">B. The Attorney General shall adopt and promulgate rules and standards for certification of batterers intervention and 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. Facilities providing services for persons who commit domestic abuse, 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, the Department of Corrections or the Department of Human Services. The batterers intervention, 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 348, &sect; 6, eff. July 1, 2005. Amended by Laws 2007, c. 156, &sect; 8, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-18p-7. Injunctions.&nbsp;</span></p> <p><span class="cls0">A. The Attorney General or any district attorney, in such person&rsquo;s discretion, may bring an action for an injunction against any batterers intervention, domestic violence program or sexual assault program found to be in violation of the provisions of this title or of any order or determination of the Attorney General.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 348, &sect; 7, eff. July 1, 2005. Amended by Laws 2007, c. 156, &sect; 9, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-18p-8. Oversight by Attorney General - Collection and confidentiality of information records.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 348, &sect; 8, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-18p-9. Crime victim and witness notification and victim protective order system.&nbsp;</span></p> <p><span class="cls0">A. The Attorney General may establish a crime victim and witness notification and victim protective order system to assist public officials in carrying out their duties to notify and inform crime victims and witnesses as the Attorney General specifies by rule. The system shall download necessary information from participating officials into its computers, where it shall be maintained, updated, and automatically transmitted to victims and witnesses by telephone, computer, or written notice.&nbsp;</span></p> <p><span class="cls0">B. The Department of Corrections, the Pardon and Parole Board, and each county sheriff office within the state shall cooperate with the Attorney General in the implementation of this section and shall provide information as necessary to the effective operation of the system.&nbsp;</span></p> <p><span class="cls0">C. District attorneys and local law enforcement and other authorities may enter into agreements with the Attorney General for participation in the system. The Attorney General may provide those who elect to participate with the equipment, software, or training necessary to bring their offices into the system. &nbsp;</span></p> <p><span class="cls0">D. The Attorney General may provide for telephonic, electronic, or other public access to the database established under this section.&nbsp;</span></p> <p><span class="cls0">E. This section does not limit any rights or responsibilities otherwise enjoyed by or imposed upon victims or witnesses of violent crimes, nor does it grant any person a cause of action for damages or attorney fees. Any act of omission or commission by any law enforcement officer or district attorney, by the Attorney General, Department of Corrections, Pardon and Parole Board, or other state agency, or private entity under contract with the state, or by any employee of any state agency or private entity under contract with the state acting in good faith in rendering crime victim&rsquo;s assistance or otherwise enforcing this section shall not impose civil liability upon the individual or entity or his or her supervisor or employer. Nothing in this section shall create a basis for vacating a conviction or a ground for appellate relief in any criminal case. Failure of the crime victim to receive notice as required, however, shall not deprive the court of the power to act regarding the proceeding before it; nor shall any such failure grant the defendant the right to seek a continuance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 130, &sect; 3, emerg. eff. May 9, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-18p-10. Oklahoma Witness Protection Program.&nbsp;</span></p> <p><span class="cls0">A. The Office of the Attorney General is hereby authorized to establish an Oklahoma Witness Protection Program and is authorized to use monies from the Attorney General's Evidence Fund created pursuant to Section 19 of this title or from federal grants for the implementation of the Program. The Witness Protection Program may be made available to witnesses who are actively aiding in the prosecution of dangerous perpetrators and who are in danger of bodily harm or death by participating in the prosecution. The Attorney General shall administer the Oklahoma Witness Protection Program.&nbsp;</span></p> <p><span class="cls0">B. Funds may be provided for the support of a participant in the Witness Protection Program. Support may include, but shall not be limited to, temporary living costs, moving expenses, rent, security deposits, or other appropriate expenses of relocation or transition.&nbsp;</span></p> <p><span class="cls0">C. The Attorney General is authorized to promulgate rules necessary to implement the Oklahoma Witness Protection Program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 176, &sect; 3, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-19. Attorney General's Evidence Fund and Revolving Fund - Invoicing retirement funds for attorney fees.&nbsp;</span></p> <p><span class="cls0">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, these provisions 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 95, &sect; 1. Amended by Laws 1973, c. 131, &sect; 2, emerg. eff. May 10, 1973; Laws 1976, c. 208, &sect; 10, operative July 1, 1976; Laws 1979, c. 196, &sect; 4, emerg. eff. May 25, 1979; Laws 1982, c. 229, &sect; 3, emerg. eff. May 4, 1982; Laws 1992, c. 15, &sect; 27, emerg. eff. March 25, 1992; Laws 1992, c. 316, &sect; 51, eff. July 1, 1992; Laws 1996, c. 347, &sect; 1, emerg. eff. June 14, 1996; Laws 1999, c. 350, &sect; 1, emerg. eff. June 8, 1999; Laws 2000, c. 47, &sect; 1, emerg. eff. April 14, 2000; Laws 2000, 1st Ex.Sess., c. 8, &sect; 23, eff. July 1, 2001; Laws 2004, c. 494, &sect; 1, eff. Sept. 1, 2004; Laws 2011, c. 133, &sect; 1, eff. Nov. 1, 2011; Laws 2012, c. 370, &sect; 2, eff. July 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-19.1. Attorney General's Law Enforcement Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 282, &sect; 7, eff. July 1, 1991. Amended by Laws 2012, c. 304, &sect; 697.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-19.2. Attorney General's Workers' Compensation Fraud Unit Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 316, &sect; 52, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-19.3. Attorney General&rsquo;s Insurance Fraud Unit Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 344, &sect; 7, emerg. eff. June 8, 1999. Amended by Laws 2012, c. 304, &sect; 698.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-19a. Disbursements - Audits.&nbsp;</span></p> <p><span class="cls0">Disbursements may be made from the Attorney General&rsquo;s Evidence Fund 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. &nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 95, &sect; 2. Amended by Laws 1979, c. 30, &sect; 137, emerg. eff. April 6, 1979; Laws 2010, c. 413, &sect; 26, eff. July 1, 2010.&nbsp;</span></p> <p><span class="cls0"> .&nbsp;</span></p> <p><span class="cls0">&sect;74-20. Opinions of Attorney General - Publication and distribution - Surplus publication - Attorney General's Revolving Fund.&nbsp;</span></p> <p><span class="cls0">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 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 an electronic copy shall be sent to the Publications Clearinghouse of the Oklahoma Department of Libraries. 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 40, &sect; 1, emerg. eff. Feb. 20, 1969. Amended by Laws 1978, c. 165, &sect; 8, eff. Jan. 8, 1979; Laws 1987, c. 203, &sect; 9, operative July 1, 1987; Laws 2011, c. 292, &sect; 3; Laws 2012, c. 304, &sect; 699.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-20a. Repealed by Laws 1998, c. 364, &sect; 38, emerg. eff. June 8, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;7420f. State officer or employee Legal defense services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. The employee named in the action may employ private counsel at his own expense to assist in his defense.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Laws 1976, c. 208, &sect; 1, operative July 1, 1976; Laws 1984, c. 278, &sect; 3, operative July 1, 1984; Laws 1992, c. 71, &sect; 1, eff. Sept. 1, 1992; Laws 1992, c. 288, &sect; 2, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-20g. Defense duties - Evidence&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 208, &sect; 2, operative July 1, 1976.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-20h. Cost of litigation&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 208, &sect; 3, operative July 1, 1976.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-20i. Contracting for legal representation by private attorneys - Approval by Attorney General - Report.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Employing an attorney as such if otherwise authorized by law;&nbsp;</span></p> <p><span class="cls0">2. Contracting with the Office of the Attorney General; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. The reason or reasons for not obtaining the representation from the Attorney General by contract;&nbsp;</span></p> <p><span class="cls0">4. The anticipated cost of the representation including the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the basis for and method of calculation of any expenses which will be reimbursed by the agency or official under the contract; and&nbsp;</span></p> <p><span class="cls0">5. An estimate of the anticipated duration of the contract.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 180, &sect; 1, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-20j. Enforcement of federal immigration and customs laws - Memorandum of Understanding - Limitation of exchange of information regarding immigration status prohibited - Private right of action.&nbsp;</span></p> <p><span class="cls0">A. The Attorney General is authorized and directed to negotiate the terms of a Memorandum of Understanding between the State of Oklahoma and the United States Department of Justice or the United States Department of Homeland Security, as provided by Section 1357(g) of Title 8 of the United States Code, concerning the enforcement of federal immigration and customs laws, detention and removals, and investigations in the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. The Memorandum of Understanding negotiated pursuant to subsection A of this section shall be signed on behalf of this state by the Attorney General and the Governor or as otherwise required by the appropriate federal agency.&nbsp;</span></p> <p><span class="cls0">C. No local government, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this state.&nbsp;</span></p> <p><span class="cls0">D. Notwithstanding any other provision of law, no government entity or official within the State of Oklahoma may prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the United States Department of Homeland Security, information regarding the citizenship or immigration status, lawful or unlawful, of any individual.&nbsp;</span></p> <p><span class="cls0">E. Notwithstanding any other provision of law, no person or agency may prohibit, or in any way restrict, a public employee from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:&nbsp;</span></p> <p><span class="cls0">1. Sending such information to, or requesting or receiving such information from, the United States Department of Homeland Security;&nbsp;</span></p> <p><span class="cls0">2. Maintaining such information; or&nbsp;</span></p> <p><span class="cls0">3. Exchanging such information with any other federal, state, or local government entity.&nbsp;</span></p> <p><span class="cls0">F. The provisions of this section shall allow for a private right of action by any natural or legal person lawfully domiciled in this state to file for a writ of mandamus to compel any noncooperating local or state governmental agency to comply with such reporting laws.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 112, &sect; 10, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-20k. Justice Reinvestment Grant Program.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the Justice Reinvestment Grant Program. Contingent upon the provision of appropriate funds designated for Justice Reinvestment grants, the Office of the Attorney General is authorized to award one or more such competitive grants to local law enforcement agencies for the purpose of providing funding for new initiatives and strategies to combat violent crime as proposed by local law enforcement agencies. Funds shall be used for local initiatives, technical assistance, law enforcement training, law enforcement equipment, crime victim services, contractual support and information systems for criminal justice purposes.&nbsp;</span></p> <p><span class="cls0">B. To be eligible for a Justice Reinvestment Grant, local law enforcement agencies shall submit proposals to the Office of the Attorney General that focus on increasing the capacity of the law enforcement agency to address violent crime within their jurisdiction through one of the following priority strategies:&nbsp;</span></p> <p><span class="cls0">1. Focusing on intervention and enforcement through the use of increased staffing resources with overtime funds to target violent crime with evidence-driven approaches. Policing initiatives may include directed patrols, &ldquo;hot spot&rdquo; policing, intelligence-led policing, or youth and gang violence interventions;&nbsp;</span></p> <p><span class="cls0">2. Increasing technological capacity to support intervention and enforcement with the purchase of technology for crime prevention and criminal justice problem solving. Technology shall include, but not be limited to, crime-mapping software, Global Positioning Systems (GPS) technology and smart phone tools;&nbsp;</span></p> <p><span class="cls0">3. Enhancing analytical capacity through the development or expansion of analytical capabilities that focus on crime mapping, analysis of crime trends and developing data-driven strategies that focus on violent crime reduction through the employment of civilian crime analysts; &nbsp;</span></p> <p><span class="cls0">4. Engaging with community partners in order to develop partnerships and projects that focus on preventing violent crime in the community. Community partners may include, but are not limited to, public and private service providers, the courts, and probation and parole services. Projects shall include, but are not limited to, programs that focus on drug enforcement efforts, youth violent crime, gang violence, and offender recidivism; and&nbsp;</span></p> <p><span class="cls0">5. Increasing direct services to crime victims through local law enforcement efforts which shall include, but not be limited to, addressing gaps in crime victims services by enhancing accessibility to services, increasing awareness of victimization and partnering with local community providers to improve supports and services to victims of crime.&nbsp;</span></p> <p><span class="cls0">C. Preference shall be given to grant applicants that can demonstrate a commitment to regional, multijurisdictional strategies to address community safety issues and can clearly outline a comprehensive plan for municipalities to work with law enforcement, community-based organizations and government agencies to address violent criminal activity.&nbsp;</span></p> <p><span class="cls0">D. Grants awarded pursuant to the Justice Reinvestment Grant Program shall be considered one-time grants awarded to local law enforcement agencies. The Office of the Attorney General shall consult with local law enforcement agencies when determining grant eligibility requirements and criteria. The Office of the Attorney General shall publish guidelines and an application for the competitive portion of the grant program no later than January 1, 2013.&nbsp;</span></p> <p><span class="cls0">E. The Office of the Attorney General is hereby authorized to adopt rules and procedures as necessary to carry out the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 228, &sect; 11, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-20l. Collection of information by the Office of Attorney General.&nbsp;</span></p> <p><span class="cls0">A. The Office of the Attorney General shall have the authority to collect information sufficient to meet its responsibilities related to the auditing of justice reinvestment initiatives in this state.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 data sets for statistical reporting and data analysis.&nbsp;</span></p> <p><span class="cls0">D. The following entities shall report and submit the required information to the Attorney General on or before November 1, 2016: &nbsp;</span></p> <p><span class="cls0">1. The Oklahoma State Bureau of Investigation shall provide crime rates for violent, property and drug-related crimes;&nbsp;</span></p> <p><span class="cls0">2. The Department of Mental Health and Substance Abuse Services shall provide information related to the location and number of mental health beds, funds expended on services for criminal offenders, the total number of mental health assessments completed by the Department, as well as the average score, costs and verification of mental health assessment tools;&nbsp;</span></p> <p><span class="cls0">3. The District Attorneys Council shall provide information related to the costs of providing training for victim-witness coordinators and support staff who provide services to crime victims and witnesses within each district and the number of assistant district attorneys and support staff employed within each office;&nbsp;</span></p> <p><span class="cls0">4. The Administrative Director of the Courts shall provide the total number of criminal sentence modifications; and&nbsp;</span></p> <p><span class="cls0">5. The Department of Corrections shall provide information related to incarceration rates including, but not limited to, the type of criminal offense, average period of incarceration, total number of correctional facilities and the total number of corrections officers, corrections employees and probation and parole employees. The Department of Corrections shall also provide the total number of offenders who are on probation, parole or post-imprisonment supervision and shall also provide information related to the use of sanctions, including technical violations, referrals to intermediate sanctions facilities, intermediate revocation facilities and revocations.&nbsp;</span></p> <p><span class="cls0">E. The Attorney General shall include in the report the number of grants awarded pursuant to the Justice Reinvestment Grant Program established pursuant to the provisions of Section 11 of this act and the name of the law enforcement agency which received said grant.&nbsp;</span></p> <p><span class="cls0">F. A detailed report of the data analysis shall be provided by the Attorney General to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate by January 1, 2017.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 228, &sect; 12, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-21b. Assistant Attorneys General - Other employees - Appointments - Duties and compensation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 16, &sect; 1, emerg. eff. March 12, 1971. Amended by Laws 1973, c. 131, &sect; 3, emerg. eff. May 10, 1973; Laws 1982, c. 90, &sect; 3, emerg. eff. April 1, 1982; Laws 1982, c. 229, &sect; 4, eff. Jan. 10, 1983; Laws 1987, c. 203, &sect; 10, operative July 1, 1987; Laws 1989, c. 348, &sect; 25, eff. Nov. 1, 1989; Laws 1990, c. 264, &sect; 128, operative July 1, 1990; Laws 2000, c. 366, &sect; 1, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7428. First Assistant Attorney General.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1939, p. 47, &sect; 8; Laws 1973, c. 131, &sect; 4, emerg. eff. May 10, 1973; Laws 1980, c. 159, &sect; 33, emerg. eff. April 2, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;7428c. Appointment of assistants and employees Term.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1939, p. 49, &sect; 11. &nbsp;</span></p> <p><span class="cls0">&sect;7428d. Certain offices not affected by this act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1939, p. 49, &sect; 12. &nbsp;</span></p> <p><span class="cls0">&sect;7429. Designation as Natural Gas Curtailment and Regulation Hearings Counsel.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1979, c. 196, &sect; 5, emerg. eff. May 25, 1979. &nbsp;</span></p> <p><span class="cls0">&sect;74-30. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 4 of this act shall be known and may be cited as the "Oklahoma Drug and Alcohol Abuse Policy Board Act".&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Added by Laws 1991, c. 121, &sect; 1, emerg. eff. April 29, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-30a. Legislative findings.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Added by Laws 1991, c. 121, &sect; 2, emerg. eff. April 29, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-30b. Oklahoma Drug and Alcohol Abuse Policy Board - Members - Chairperson - Election of officers - Meetings.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the Oklahoma Drug and Alcohol Abuse Policy Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Board shall be composed of the following members:&nbsp;</span></p> <p><span class="cls0">1. The Governor or designee;&nbsp;</span></p> <p><span class="cls0">2. The Attorney General or designee;&nbsp;</span></p> <p><span class="cls0">3. The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or designee;&nbsp;</span></p> <p><span class="cls0">4. The Director of the Oklahoma State Bureau of Investigation or designee;&nbsp;</span></p> <p><span class="cls0">5. The Commissioner of Public Safety or designee;&nbsp;</span></p> <p><span class="cls0">6. The Commissioner of the Department of Mental Health and Substance Abuse Services or designee;&nbsp;</span></p> <p><span class="cls0">7. The Commissioner of Health or designee;&nbsp;</span></p> <p><span class="cls0">8. The Adjutant General of the Military Department or designee;&nbsp;</span></p> <p><span class="cls0">9. The Superintendent of Public Instruction or designee;&nbsp;</span></p> <p><span class="cls0">10. The Director of the Department of Corrections or designee;&nbsp;</span></p> <p><span class="cls0">11. The Director of the Department of Human Services or designee;&nbsp;</span></p> <p><span class="cls0">12. The Director of the Alcoholic Beverage Laws Enforcement Commission or designee;&nbsp;</span></p> <p><span class="cls0">13. The Executive Director of the District Attorneys' Council or designee;&nbsp;</span></p> <p><span class="cls0">14. The Executive Director of the Oklahoma Commission on Children and Youth or designee;&nbsp;</span></p> <p><span class="cls0">15. The Executive Director of the Office of Juvenile Affairs or designee; and&nbsp;</span></p> <p><span class="cls0">16. Two appointees of the Governor, who shall be private citizens appointed to serve for one-year terms.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. Other officers, excluding the chairperson, may be elected at the discretion of the voting Board members.&nbsp;</span></p> <p><span class="cls0">F. The Board shall hold meetings at least quarterly and at such other times as the chairperson deems necessary.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 121, &sect; 3, emerg. eff. April 29, 1991. Amended by Laws 1996, c. 247, &sect; 45, eff. July 1, 1996; Laws 1997, c. 227, &sect; 2, emerg. eff. May 20, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-30c. Duties.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Drug and Alcohol Abuse Policy Board shall:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Encourage other institutions, both public and private, to participate in creating uniform drug policies for the state;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Establish a central focus and policy in coordinating and directing public and private efforts toward solving all alcohol and drug-related problems;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Added by Laws 1991, c. 121, &sect; 4, emerg. eff. April 29, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-30d. Termination of Board.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Drug and Alcohol Abuse Policy Board shall cease to exist after July 1, 2000.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 121, &sect; 5, emerg. eff. April 29, 1991. Amended by Laws 1994, c. 336, &sect; 1, emerg. eff. June 8, 1994; Laws 1997, c. 227, &sect; 3, emerg. eff. May 20, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-34. Renumbered as &sect; 34.81 of Title 62 by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;74-51. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 4 of this act shall be known as may be cited as the &ldquo;Oklahoma Homeland Security Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 157, &sect; 1, emerg. eff. April 26, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-51.1. Oklahoma Office of Homeland Security.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Homeland Security Director shall possess or obtain a federally recognized Top Secret Level Clearance.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Office of Homeland Security shall consist of at least three divisions:&nbsp;</span></p> <p><span class="cls0">1. Prevention and Intelligence;&nbsp;</span></p> <p><span class="cls0">2. Response and Recovery Planning; and&nbsp;</span></p> <p><span class="cls0">3. Awareness and Preparedness.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. To prevent terrorist attacks;&nbsp;</span></p> <p><span class="cls0">2. To reduce vulnerability to terrorism;&nbsp;</span></p> <p><span class="cls0">3. To minimize the damage from and to recover from terrorist attacks; and&nbsp;</span></p> <p><span class="cls0">4. Such other duties as the Governor may prescribe.&nbsp;</span></p> <p><span class="cls0">G. The Oklahoma Office of Homeland Security shall have the following duties:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Create, implement, and administer an advisory system;&nbsp;</span></p> <p><span class="cls0">3. Coordinate and prepare applications for federal funds related to homeland security and accessing and distributing the federal funds; and&nbsp;</span></p> <p><span class="cls0">4. Cooperate with federal agencies in the development and implementation of a nationwide homeland security plan or response.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, S.J.R. No. 42, &sect; 1, emerg. eff. Feb. 21, 2002. Amended by Laws 2004, c. 157, &sect; 2, emerg. eff. April 26, 2004. Renumbered from &sect; 10.6 of this title by Laws 2004, c. 157, &sect; 8, emerg. eff. April 26, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-51.1a. Interoperable public safety communications planning.&nbsp;</span></p> <p><span class="cls0">A. In addition to the powers and duties as defined elsewhere in statute, the Oklahoma Office of Homeland Security has the duty and responsibility for interoperable public safety communications planning within the State of Oklahoma. As part of this duty the Oklahoma Office of Homeland Security shall:&nbsp;</span></p> <p><span class="cls0">1. Annually develop and report to the Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives, the Statewide Communications Interoperability Plan;&nbsp;</span></p> <p><span class="cls0">2. Coordinate statewide planning for public safety communication needs of state government and state emergency responders, including a migration plan for state agency use of public safety communications technologies and rendering of aid between state government and its political subdivisions for organizing and use of disparate public safety communications systems;&nbsp;</span></p> <p><span class="cls0">3. Serve as a focal point for all state-level projects involving public safety communications vendors where the focus of such authority can substantially enhance the state communications plan or savings;&nbsp;</span></p> <p><span class="cls0">4. Apply for, receive, and hold, or assist state agencies in applying for, receiving, or holding such authorizations, licenses, and allocations of channels and frequencies to carry out the purposes of this section;&nbsp;</span></p> <p><span class="cls0">5. Establish minimum standards and protocols for acquisition, development, or enhancement of public safety communications technologies. These standards shall be utilized by the Information Services Division of the Office of Management and Enterprise Services pursuant to the provisions of Section 34.20 of Title 62 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">6. Accomplish such other purposes as may be necessary or incidental to the administration of its authority or functions pursuant to law.&nbsp;</span></p> <p><span class="cls0">B. It is the intent of the Legislature that all state public entities comply with the provisions of the Statewide Communications Interoperability Plan issued by the Oklahoma Office of Homeland Security. All state agencies are required to review the provisions of the Statewide Communications Interoperability Plan and the public safety communications standards issued by the Oklahoma Office of Homeland Security prior to the purchase, acquisition, development, or enhancement of any public safety communications system. Local public safety agencies and political subdivisions of the state are encouraged, but not required, to review the provisions of the Statewide Communications Interoperability Plan and the public safety communications standards issued by the Oklahoma Office of Homeland Security prior to the purchase, acquisition, development, or enhancement of any public safety communications system to assist the local public safety agency or political subdivision in purchasing decisions.&nbsp;</span></p> <p><span class="cls0">C. No state agency shall use state funds or enter into any agreement for the acquisition, development, or enhancement of a public safety communication system unless the request is consistent with the Statewide Communications Interoperability Plan and the public safety communications standards issued by the Oklahoma Office of Homeland Security.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 212, &sect; 1, eff. Nov. 1, 2009. Amended by Laws 2012, c. 304, &sect; 700.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-51.2. Oklahoma Homeland Security Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Office of Homeland Security to be designated the "Oklahoma Homeland Security Revolving Fund". The Oklahoma Homeland Security Revolving Fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of monies received by the Oklahoma Office of Homeland Security or the Department of Public Safety from:&nbsp;</span></p> <p><span class="cls0">1. Reimbursements from responsible parties for reasonable actions taken and costs incurred by a regional team in response to an incident or event involving a dangerous substance;&nbsp;</span></p> <p><span class="cls0">2. Reimbursements, grants, or other monies received from other state agencies and entities of state government;&nbsp;</span></p> <p><span class="cls0">3. Reimbursements, grants, or other monies received by the Oklahoma Office of Homeland Security or the Department of Public Safety from the United States government or pursuant to proceedings in district court to enforce claims initiated pursuant to the Oklahoma Homeland Security Act or the Oklahoma Emergency Response Act;&nbsp;</span></p> <p><span class="cls0">4. Gifts, donations, and bequests;&nbsp;</span></p> <p><span class="cls0">5. Monies appropriated or apportioned by the state; and&nbsp;</span></p> <p><span class="cls0">6. Receipts from other ancillary services related to incidents or events related to dangerous substances, not otherwise provided by law.&nbsp;</span></p> <p><span class="cls0">B. All monies accruing to the credit of the Oklahoma Homeland Security Revolving Fund are hereby appropriated and may be budgeted and expended by the Oklahoma Office of Homeland Security for:&nbsp;</span></p> <p><span class="cls0">1. Operating expenses;&nbsp;</span></p> <p><span class="cls0">2. Administrative duties; and&nbsp;</span></p> <p><span class="cls0">3. Education and reimbursement for expenses of regional teams, including maintenance of equipment.&nbsp;</span></p> <p><span class="cls0">C. Expenditures from the Oklahoma Homeland Security Revolving Fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 157, &sect; 3, emerg. eff. April 26, 2004. Amended by Laws 2012, c. 304, &sect; 701.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-51.2a. Emergency preparedness grants.&nbsp;</span></p> <p><span class="cls0">Contingent upon the availability of designated funding from the United States Department of Homeland Security or state appropriations, the Oklahoma Office of Homeland Security shall make grant monies available to:&nbsp;</span></p> <p><span class="cls0">1. Public schools, private schools, technology center schools, and institutions of higher learning in the State of Oklahoma to encourage greater emergency preparedness, including, but not limited to, improvement of plans and procedures for natural and man-made disaster and emergencies, improvement of security on campus, at events, and with regard to buses and other transportation, and improvement of communications strategies and equipment; and&nbsp;</span></p> <p><span class="cls0">2. Local law enforcement, emergency management, disaster relief, and public health entities in the State of Oklahoma to encourage the active engagement of such entities with public schools, private schools, technology center schools, and institutions of higher learning in their efforts to improve emergency preparedness.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 216, &sect; 8, eff. Nov. 1, 2008. Amended by Laws 2009, c. 238, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-51.2b. Oklahoma School Security Grant Program Act.&nbsp;</span></p> <p><span class="cls0">A. This section shall be known and may be cited as the "Oklahoma School Security Grant Program Act".&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Office of Homeland Security shall solicit proposals for and make grants for the enhancement of campus security at institutions of higher learning, technology center schools, public schools, and private schools.&nbsp;</span></p> <p><span class="cls0">C. The goals and objectives of the Oklahoma School Security Grant Program are to:&nbsp;</span></p> <p><span class="cls0">1. Increase the awareness of the public and educational institutions of the risks, threats, and vulnerabilities of school campuses as well as mitigation strategies;&nbsp;</span></p> <p><span class="cls0">2. Incentivize participation in school security training programs designed to assess campus risks, threats, and vulnerabilities;&nbsp;</span></p> <p><span class="cls0">3. Provide assistance to institutions of higher learning, technology center schools, public schools, and private schools initiating or implementing school security plans, programs, and activities; and&nbsp;</span></p> <p><span class="cls0">4. Build upon the success of the pilot Education Grant Program established by the Oklahoma Office of Homeland Security.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma Office of Homeland Security shall determine grant project criteria and establish a process for the consideration of proposals. The proposals shall be considered on a statewide competitive basis among peer institutions.&nbsp;</span></p> <p><span class="cls0">E. On or before January 1, 2010, and each year thereafter, the Oklahoma Office of Homeland Security shall prepare an annual report on the Oklahoma School Security Grant Program and submit to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 238, &sect; 2, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-51.2c. Oklahoma School Security Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Office of Homeland Security to be designated the "Oklahoma School Security Revolving Fund". The Oklahoma School Security Revolving Fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies received by the Oklahoma Office of Homeland Security from:&nbsp;</span></p> <p><span class="cls0">1. Reimbursements, grants, or other monies received from other state agencies and entities of state government for school security;&nbsp;</span></p> <p><span class="cls0">2. Reimbursements, grants, or other monies received by the Oklahoma Office of Homeland Security from the United States government obligated to school security projects;&nbsp;</span></p> <p><span class="cls0">3. Gifts, donations, and bequests; and&nbsp;</span></p> <p><span class="cls0">4. Monies appropriated or apportioned by the state.&nbsp;</span></p> <p><span class="cls0">B. All monies accruing to the credit of the Oklahoma School Security Revolving Fund are hereby appropriated and may be budgeted and expended by the Oklahoma Office of Homeland Security for the administration of the Oklahoma School Security Grant Program. Contingent upon the availability of funding, the Oklahoma Office of Homeland Security may make grants each year to institutions of higher learning, technology center schools, public schools, and private schools as provided in Section 51.26 of this title.&nbsp;</span></p> <p><span class="cls0">C. Expenditures from the Oklahoma School Security Revolving Fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 238, &sect; 3, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 702.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Reference to "Section 51.26" in subsection B should read "Section 51.2b".&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-51.3. Regional advisory councils.&nbsp;</span></p> <p><span class="cls0">A. There are hereby created regional planning and coordination advisory councils for homeland security. The Oklahoma Homeland Security Director shall designate the geographical boundaries for each regional advisory council within the state.&nbsp;</span></p> <p><span class="cls0">B. Each regional advisory council shall be composed of the following members:&nbsp;</span></p> <p><span class="cls0">1. A chief of a paid fire department;&nbsp;</span></p> <p><span class="cls0">2. A chief of a volunteer fire department;&nbsp;</span></p> <p><span class="cls0">3. A county sheriff;&nbsp;</span></p> <p><span class="cls0">4. A chief of a police department;&nbsp;</span></p> <p><span class="cls0">5. A physician or hospital administrator;&nbsp;</span></p> <p><span class="cls0">6. An emergency management coordinator;&nbsp;</span></p> <p><span class="cls0">7. An emergency medical services provider;&nbsp;</span></p> <p><span class="cls0">8. A veterinarian;&nbsp;</span></p> <p><span class="cls0">9. A representative of a state or local disaster relief agency;&nbsp;</span></p> <p><span class="cls0">10. A city manager or mayor;&nbsp;</span></p> <p><span class="cls0">11. A county commissioner;&nbsp;</span></p> <p><span class="cls0">12. A public health representative;&nbsp;</span></p> <p><span class="cls0">13. A Council of Government representative;&nbsp;</span></p> <p><span class="cls0">14. A representative of a public school district; and&nbsp;</span></p> <p><span class="cls0">15. A representative of an institution of higher learning.&nbsp;</span></p> <p><span class="cls0">C. The members of the regional advisory councils shall be appointed by the Oklahoma Homeland Security Director. The Director shall appoint from a list of nominees provided to the Director from statewide associations or entities that represent the disciplines to be represented on the advisory councils. All members can be removed for cause by the Director.&nbsp;</span></p> <p><span class="cls0">D. Each member of a regional advisory council shall reside in or have employment duties within the region to be served by the regional advisory council. Regional advisory council members shall have staggered terms of office not exceeding three (3) years and may be reappointed upon the expiration of a term.&nbsp;</span></p> <p><span class="cls0">E. Each regional advisory council shall meet at least twice a year or more frequently at the discretion of the Director. The Director or designee from the Oklahoma Office of Homeland Security shall attend the meetings of the regional advisory councils. A majority of the members of the regional advisory council shall constitute a quorum. The Office of Homeland Security shall establish policies and procedures regarding the operation of the regional advisory councils.&nbsp;</span></p> <p><span class="cls0">F. The duties and responsibilities of each regional advisory council shall be:&nbsp;</span></p> <p><span class="cls0">1. Assessing and documenting the needs of the region related to homeland security;&nbsp;</span></p> <p><span class="cls0">2. Coordinating and cooperating with the Oklahoma Office of Homeland Security to achieve the strategic objectives prescribed in this act; and&nbsp;</span></p> <p><span class="cls0">3. Other duties and responsibilities as determined by the Oklahoma Homeland Security Director.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 157, &sect; 4, emerg. eff. April 26, 2004. Amended by Laws 2005, c. 397, &sect; 1, eff. July 1, 2005; Laws 2008, c. 216, &sect; 9, eff. Nov. 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-61.1. Repealed by Laws 2011, c. 302, &sect; 11.&nbsp;</span></p> <p><span class="cls0">&sect;74-61.2. "Board of Affairs", "Office of Public Affairs", "Department of Central Services" to mean "Office of Management and Enterprise Services".&nbsp;</span></p> <p><span class="cls0">Whenever the terms "Board of Affairs", "State Board of Public Affairs", "Board" when used in reference to the Board Of Public Affairs, "Office of Public Affairs", or "Department of Central Services" appear in the Oklahoma Statutes they shall mean the Office of Management and Enterprise Services. Whenever the term "Director of Public Affairs" appears in the Oklahoma Statutes it shall mean the Director of the Office of Management and Enterprise Services. Whenever the term "Director of Central Services" appears in the Oklahoma Statutes it shall mean the Director of the Office of Management and Enterprise Services or designee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 304, &sect; 179, eff. July 1, 1983. Amended by Laws 1992, c. 37, &sect; 2, emerg. eff. April 3, 1992; Laws 2011, c. 302, &sect; 5; Laws 2012, c. 303, &sect; 4, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-61.3. Experts and assistants.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services, with the approval of the Governor, shall employ and make the appointment of such experts and assistants as may be necessary in the performance of the Director's duties as required by law. No appointments to positions shall be made in excess of the positions authorized by act of the Legislature for the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 304, &sect; 180, eff. July 1, 1983. Amended by Laws 2012, c. 304, &sect; 703.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-61.4. Legal counsel.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services shall employ an attorney and one assistant attorney to serve as legal counsel for the Office of Management and Enterprise Services. The attorney and one assistant attorney shall be authorized to appear for and represent the Office of Management and Enterprise Services in all litigation that may arise from the discharge of its duties, except as otherwise provided in this section, and shall advise it upon all legal matters pertaining to the Office of Management and Enterprise Services. The salary for the attorney and the assistant attorney shall be fixed by the Director. Any litigation concerning the Comprehensive Professional Risk Management Program of the Office of Management and Enterprise Services shall be handled by the Attorney General of the State of Oklahoma; provided, the Director of the Office of Management and Enterprise Services may employ private attorneys to handle any litigation which involves entities covered by the Comprehensive Professional Risk Management Program which are not state agencies. The attorney, the assistant attorney and, in addition, the Attorney General, are further authorized to appear for and represent officers and employees of the Office of Management and Enterprise Services in any civil suits brought against such officers and employees in their individual capacities upon alleged causes of action which arose from acts or omissions of such officers and employees within the scope of their official duties.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 294, &sect; 8, emerg. eff. July 24, 1985. Amended by Laws 1994, c. 329, &sect; 1, eff. July 1, 1994; Laws 1996, c. 316, &sect; 6, eff. July 1, 1996; Laws 2012, c. 304, &sect; 704.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7461.5. Certain positions subject to Merit System Compliance with personnel laws and rules and regulations.&nbsp;</span></p> <p><span class="cls0">A. Effective July 1, 1988, the following positions of the Office of Public Affairs shall become subject to the provisions of the Merit System of Personnel Administration:&nbsp;</span></p> <p><span class="cls0">1. Accounting Division:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;Accountant I;&nbsp;</span></p> <p><span class="cls0">2. Administration Division:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;Administrative Officer (for rental services), and&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;Typist Clerk III;&nbsp;</span></p> <p><span class="cls0">3. Central Purchasing Division:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;Typist Clerk III;&nbsp;</span></p> <p><span class="cls0">4. Data Processing Division:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;Data Processing Programmer/Analyst;&nbsp;</span></p> <p><span class="cls0">5. Building Management Division:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;Custodial Worker (2),&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;Typist Clerk III,&nbsp;</span></p> <p><span class="cls0">c.&nbsp;&nbsp;Carpenter I,&nbsp;</span></p> <p><span class="cls0">d.&nbsp;&nbsp;Secretary, and&nbsp;</span></p> <p><span class="cls0">e.&nbsp;&nbsp;Clerk I;&nbsp;</span></p> <p><span class="cls0">6. Construction and Properties Division:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;Typist Clerk III, and&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;Construction Technician (2); and&nbsp;</span></p> <p><span class="cls0">7. Risk Management Division:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;Executive Secretary II, and&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;Administrative Assistant II.&nbsp;</span></p> <p><span class="cls0">B. All incumbent employees subject to this section shall be classified without regard to qualifications or examinations. Such employees shall be granted status in the class of positions into which the employee's individual position has been allocated by the Merit System.&nbsp;</span></p> <p><span class="cls0">C. All personnel transactions subsequent to June 30, 1988, shall be governed by and in compliance with the Oklahoma Personnel Act, Section 840.1 et seq. of Title 74 of the Oklahoma Statutes, and the Merit System of Personnel Administration rules and regulations or any other applicable laws.&nbsp;</span></p> <p><span class="cls0">D. No pecuniary liability shall be imposed on account of any state law against any officer or employee of the Office of Public Affairs based on any personnel appointment affected by this section occurring prior to June 30, 1988.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 305, &sect; 24, operative July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;74-61.6. Repealed by Laws 2004, c. 340, &sect; 15.&nbsp;</span></p> <p><span class="cls0">&sect;74-61.7. Oklahoma State Government Asset Reduction and Cost Savings Program.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the Oklahoma State Government Asset Reduction and Cost Savings Program.&nbsp;</span></p> <p><span class="cls0">B. No later than December 31 each year the Director of the Office of Management and Enterprise Services shall publish a comprehensive report detailing state-owned properties.&nbsp;</span></p> <p><span class="cls0">C. The report mandated in accordance with the provisions of this section shall list the five percent (5%) most underutilized state-owned properties. The report shall describe the value of properties falling within the description in this subsection, assess the potential for purchase should the properties be offered for sale and describe the impact on local-level tax rolls in the event the properties are purchased by a nongovernmental entity.&nbsp;</span></p> <p><span class="cls0">D. The Director of the Office of Management and Enterprise Services shall promulgate rules establishing procedures by which each state agency, board, commission and public trust having the State of Oklahoma as a beneficiary shall submit the necessary data to the Office of Management and Enterprise Services for the development of this report.&nbsp;</span></p> <p><span class="cls0">E. State agencies, boards, commissions and public trusts having the State of Oklahoma as a beneficiary shall comply with procedures promulgated pursuant to the terms of this section.&nbsp;</span></p> <p><span class="cls0">F. The report and data collected pursuant to this section shall be published as a data feed on the "data.ok.gov" website.&nbsp;</span></p> <p><span class="cls0">G. There is hereby created the Maintenance of State Buildings Revolving Fund. The fund shall not be subject to fiscal year limitations and the fund shall serve as the depository for proceeds from the sale of state-owned properties pursuant to the Oklahoma State Government Asset Reduction and Cost Savings Program. Expenditures from the fund shall be limited exclusively to maintaining and repairing state-owned properties and buildings.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 115, &sect; 1, eff. Nov. 1, 2011. Amended by Laws 2012, c. 121, &sect; 2, eff. July 1, 2012; Laws 2012, c. 304, &sect; 705.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-62.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 6 of this act shall be known and may be cited as the "Oklahoma Surplus Property Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 342, &sect; 1, emerg. eff. June 9, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-62.2. Definitions.&nbsp;</span></p> <p><span class="cls0">For purposes of the Oklahoma Surplus Property Act:&nbsp;</span></p> <p><span class="cls0">1. "Authorized entity" means a political subdivision, school, a multipurpose senior citizen center, as such term is defined in the federal Older Americans Act of 1965, group or organization eligible to acquire surplus property from a surplus property program;&nbsp;</span></p> <p><span class="cls0">2. "Surplus property" means items, commodities, materials, supplies or equipment a state agency owns and determines to be excess, obsolete, antiquated, unused or not needed;&nbsp;</span></p> <p><span class="cls0">3. "State agency" means any state board, bureau, commission, department, authority, public trust, interstate commission, the Judiciary, the Legislature, and the Office of the Governor;&nbsp;</span></p> <p><span class="cls0">4. "Office" means the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">5. "Director" means the Director of the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">6. "Surplus property program" means programs the Director establishes for the purchase, sale and disposal of surplus property;&nbsp;</span></p> <p><span class="cls0">7. "Sale" means methods the Director uses to dispose of surplus property; and&nbsp;</span></p> <p><span class="cls0">8. "Minimal value" or "no value" means surplus property that has less value than the costs the Office may incur to sell, trade or dispose of the surplus property.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 342, &sect; 2, emerg. eff. June 9, 1995. Amended by Laws 1998, c. 203, &sect; 4, emerg. eff. May 11, 1998; Laws 2000, c. 218, &sect; 1, eff. Nov. 1, 2000; Laws 2003, c. 389, &sect; 1, eff. July 1, 2003; Laws 2012, c. 304, &sect; 706.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-62.3. Duties of Director - Agency compliance - Availability of surplus property to political subdivisions, school districts, and nonprofit entities - Donation of property to law enforcement agency.&nbsp;</span></p> <p><span class="cls0">A. The Director of the Office of Management and Enterprise Services shall promulgate rules for use by state agencies and the Office of Management and Enterprise Services to dispose of surplus property. The rules shall include standards for recordkeeping, methods for removal or disposal of surplus property, and acquisition by state agencies and authorized entities of surplus property, and for Office management of surplus property programs.&nbsp;</span></p> <p><span class="cls0">B. A state agency selling, trading, redistributing or otherwise disposing of surplus property shall comply with the rules promulgated by the Director.&nbsp;</span></p> <p><span class="cls0">C. The Office shall make surplus property available to state agencies and authorized entities, which shall include political subdivisions, school districts, and nonprofit entities of this state.&nbsp;</span></p> <p><span class="cls0">D. The provisions of the Oklahoma Surplus Property Act shall not apply to institutions of higher education in this state, or the Northeast Oklahoma Public Facilities Authority. The Grand River Dam Authority shall be exempt from the provisions of the Oklahoma Surplus Property Act for any surplus property disposed of prior to November 1, 2006. CompSource Oklahoma shall be exempt from the provisions of the Oklahoma Surplus Property Act if CompSource Oklahoma is operating pursuant to a pilot program authorized by Sections 3316 and 3317 of this title.&nbsp;</span></p> <p><span class="cls0">E. Notwithstanding the provisions of the Oklahoma Surplus Property Act, the Oklahoma State Bureau of Investigation may, pursuant to rules promulgated by the Oklahoma State Bureau of Investigation Commission for that purpose, donate any surplus property, as defined in Section 62.2 of this title, to any law enforcement agency of any political subdivision of the State of Oklahoma. The use of such donated equipment shall be limited to valid and authorized law enforcement efforts by the receiving agency.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 342, &sect; 3, emerg. eff. June 9, 1995. Amended by Laws 2000, c. 218, &sect; 2, eff. Nov. 1, 2000; Laws 2004, c. 276, &sect; 1, eff. Nov. 1, 2004; Laws 2005, c. 234, &sect; 1, emerg. eff. May 26, 2005; Laws 2009, c. 454, &sect; 14; Laws 2012, c. 304, &sect; 707.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-62.4. Sale of surplus property &ndash; Disposition of proceeds &ndash; Discard or transfer &ndash; Disposal for a state agency.&nbsp;</span></p> <p><span class="cls0">A. Pursuant to rules promulgated by the Director of Central Services, proceeds from the sale of the surplus property shall be credited to a special cash fund created by Section 62.5 of this title.&nbsp;</span></p> <p><span class="cls0">B. Any surplus property determined by a state agency to have minimal or no value may be discarded or transferred to the Department pursuant to rules the Director promulgates.&nbsp;</span></p> <p><span class="cls0">C. If the Department disposes of a vehicle or equipment pursuant to the Oklahoma Surplus Property Act for a state agency, the Department shall remit the proceeds from the sale, less a reasonable fee imposed by the Department for handling and disposition, to the state agency.&nbsp;</span></p> <p><span class="cls0">D. The Director may expend proceeds accruing to the Department within the special cash fund created by Section 62.5 of this title to defray operating expenses for the State Surplus Property program and expenses the Department incurs to support program operations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 353, &sect; 9, eff. July 1, 1959. Amended by Laws 1963, c. 267, &sect; 1, emerg. eff. June 13, 1963; Laws 1995, c. 342, &sect; 4, emerg. eff. June 9, 1995. Renumbered from &sect; 85.9 of this title by Laws 1995, c. 342, &sect; 9, emerg. eff. June 9, 1995. Amended by Laws 2000, c. 218, &sect; 3, eff. Nov. 1, 2000; Laws 2003, c. 372, &sect; 2, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-62.5. Special cash fund - Creation.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created a special cash fund in the State Treasury for each state agency which requests that the Director sell, trade, or redistribute to other state agencies any surplus property.&nbsp;</span></p> <p><span class="cls0">B. All proceeds received from such transaction, and the proceeds of any insurance claim arising from the loss by fire, theft or casualty of insured material, supplies, or equipment shall be deposited in such special cash fund of such state agency and may be expended for the purchase or replacement of materials, supplies, or equipment of such state agency and for the payment of the cost of conducting any such transaction.&nbsp;</span></p> <p><span class="cls0">C. Whenever an unencumbered balance exists in said fund after June 30, the close of each fiscal year, such balance shall lapse and be transferred to the General Revenue Fund of the current fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 267, &sect; 2, emerg. eff. June 13, 1963. Amended by Laws 1978, c. 159, &sect; 1, emerg. eff. April 7, 1978; Laws 1995, c. 342, &sect; 5, emerg. eff. June 9, 1995. Renumbered from &sect; 85.9A of this title by Laws 1995, c. 342, &sect; 9, emerg. eff. June 9, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-62.6. List of surplus property - Authorization to sell, trade or redistribute.&nbsp;</span></p> <p><span class="cls0">A. 1. Each chief administrative officer of a state agency, except as otherwise provided by subsection B of this section, shall maintain a current list of all surplus property held and disposed of by that state agency.&nbsp;</span></p> <p><span class="cls0">2. Except as otherwise provided in paragraph 3 of this subsection, such list shall include the location where surplus property is maintained, purchase price, when sold and selling price, if transferred to which state agency or authorized entity, and if otherwise disposed of, what manner of disposal.&nbsp;</span></p> <p><span class="cls0">3. If any surplus property having minimal or no value is transferred to the Office of Management and Enterprise Services, any such list shall reflect that the surplus property had minimal or no value and was transferred to the Office for disposal.&nbsp;</span></p> <p><span class="cls0">B. The Office is authorized to sell, trade or redistribute any surplus property having minimal or no value separately or in bulk or may properly dispose of such property as provided by law. Any costs incurred by the Office in the sale, trade, distribution or disposal of any surplus property having minimal or no value in excess of any monies received for such surplus property may be chargeable against the state agency transferring the surplus property to the Office.&nbsp;</span></p> <p><span class="cls0">C. The lists shall be available upon request to the Office, the State Auditor and Inspector, the Governor or any member of the Legislature.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 342, &sect; 6, emerg. eff. June 9, 1995. Amended by Laws 2000, c. 218, &sect; 4, eff. Nov. 1, 2000; Laws 2012, c. 304, &sect; 708.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-62.7. Surplus property of Department of Transportation - Notice of availability - Offer for sale to public entities.&nbsp;</span></p> <p><span class="cls0">A. When the Department of Transportation determines that any equipment or vehicle becomes excess, obsolete, antiquated, unused or otherwise surplus, the Department shall notify the Office of Management and Enterprise Services in writing that such equipment or vehicle is surplus. The notice shall identify:&nbsp;</span></p> <p><span class="cls0">1. The type, brand or make, and country of manufacture of the equipment or vehicle;&nbsp;</span></p> <p><span class="cls0">2. The age of the equipment or vehicle including, but not limited to, mileage;&nbsp;</span></p> <p><span class="cls0">3. Whether the equipment or vehicle is in good working condition or not;&nbsp;</span></p> <p><span class="cls0">4. If the equipment or vehicle is not in good working condition, whether it is in repairable condition at reasonable cost;&nbsp;</span></p> <p><span class="cls0">5. Original cost of the equipment or vehicle; and&nbsp;</span></p> <p><span class="cls0">6. Present value of the equipment or vehicle, if known.&nbsp;</span></p> <p><span class="cls0">B. The Office of Management and Enterprise Services, with any other notice of surplus property, shall notify the eligible individuals or entities as provided in subsection C of this section of the availability of the surplus property of the Department of Transportation.&nbsp;</span></p> <p><span class="cls0">C. Prior to any advertised public auction or advertised sealed bids to all individuals and entities eligible for participation in the surplus program, the Office, thirty (30) days prior to the advertised auction date, shall offer, at fair market value, the equipment or vehicles to the individuals or entities, in the following order of priority:&nbsp;</span></p> <p><span class="cls0">1. Other state agencies;&nbsp;</span></p> <p><span class="cls0">2. Political subdivisions of the state;&nbsp;</span></p> <p><span class="cls0">3. Rural fire departments located in this state;&nbsp;</span></p> <p><span class="cls0">4. Rural water districts located in this state; and&nbsp;</span></p> <p><span class="cls0">5. Multipurpose senior citizen centers located in this state.&nbsp;</span></p> <p><span class="cls0">D. Any equipment or vehicles purchased pursuant to this section shall be made available to the purchaser on the date of purchase.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 29, &sect; 1, eff. Sept. 1, 1992. Renumbered from &sect; 85.9C of this title by Laws 1999, c. 289, &sect; 16, eff. July 1, 1999. Amended by Laws 2003, c. 389, &sect; 2, eff. July 1, 2003; Laws 2012, c. 304, &sect; 709.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-62.8. Acquisition of fire protection equipment or vehicles.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Department of Agriculture, Food, and Forestry shall be authorized to acquire equipment or vehicles for the purpose of offering the equipment or vehicles to fire departments located in this state at no cost to the fire departments for use in improving local fire capabilities. Fire departments accepting equipment or vehicles from the Department shall place the equipment or vehicles into operation within a twelve-month period and shall agree to use the equipment and vehicles primarily for fire protection purposes. In consideration of the economic benefit to be provided to the State of Oklahoma, its citizens and their property by the continued use of the fire protection equipment or vehicles, the Department shall transfer title of the equipment or vehicles to the fire departments once the equipment or vehicles are placed in operation within the required twelve-month period. The Department shall promulgate rules for the dispersion of acquired equipment or vehicles.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 296, &sect; 2, eff. Sept. 1, 1997. Renumbered from Title 74, &sect; 85.9F by Laws 1999, c. 289, &sect; 17, eff. July 1, 1999. Amended by Laws 2001, c. 169, &sect; 6, emerg. eff. May 2, 2001; Laws 2006, c. 209, &sect; 3, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-62.9. Clandestine drug laboratory detection, removal, and disposal - Use of federal funds or grants for training and equipment.&nbsp;</span></p> <p><span class="cls0">Unless otherwise prohibited, as funds become available from appropriations approved by the United States Congress or grants awarded by federal agencies to the Oklahoma State Bureau of Investigation, or from the OSBI Revolving Fund, the A.F.I.S. Fund, or the Forensic Science Improvement Revolving Fund, the Oklahoma State Bureau of Investigation shall be authorized to use the funds to purchase equipment and provide training to law enforcement agencies located in this state at no cost to the agencies. The costs of training may include tuition, equipment, supplies, and costs involved in attending training, and travel costs paid in accordance with the State Travel Reimbursement Act. In consideration of the economic benefit provided to the State of Oklahoma, its citizens, their health, and their property, by the continued use of the equipment and training for use in law enforcement efforts, the Oklahoma State Bureau of Investigation may transfer title to any such equipment to a law enforcement agency for official law enforcement uses only.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 31, &sect; 2, eff. Nov. 1, 2001. Amended by Laws 2004, c. 276, &sect; 2, eff. Nov. 1, 2004; Laws 2005, c. 428, &sect; 2, emerg. eff. June 6, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-63. General powers and authority of Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services shall have power to promulgate rules not inconsistent with the laws of this state.&nbsp;</span></p> <p><span class="cls0">B. The Office of Management and Enterprise Services shall have charge of the construction, repair, maintenance, insurance, and operation of all buildings owned, used, or occupied by or on behalf of the state including buildings owned by the Oklahoma Capitol Improvement Authority where such services are carried out by contract with the Authority, except as otherwise provided by law. Whenever feasible, the Office of Management and Enterprise Services may utilize the Construction Division of the Department of Corrections for the construction and repair of buildings for the Department of Corrections.&nbsp;</span></p> <p><span class="cls0">C. The Director of the Office of Management and Enterprise Services shall have authority to purchase all material and perform all other duties necessary in the construction, repair, and maintenance of all buildings under its management or control, shall make all necessary contracts by or on behalf of the state for any buildings or rooms rented for the use of the state or any of the officers thereof, and shall have charge of the arrangement and allotment of space in such buildings among the different state officers except as otherwise provided by law.&nbsp;</span></p> <p><span class="cls0">D. The Office of Management and Enterprise Services shall not have any authority or responsibility for buildings, rooms or space under the management or control of the University Hospitals Authority.&nbsp;</span></p> <p><span class="cls0">E. The Office of Management and Enterprise Services shall have the custody and control of all state property, and all other property managed or used by the state, except military stores and such property under the control of the State Banking Department and the two houses of the State Legislature, shall procure all necessary insurance thereon against loss and shall allot the use of the property to the several offices of the state, and prescribe where the property shall be kept for public use.&nbsp;</span></p> <p><span class="cls0">F. The Office of Management and Enterprise Services shall keep an accurate account of all property purchased for the state or any of the departments or officers thereof, except that purchased for and by the two houses of the State Legislature. The two houses shall have the exclusive use, care, and custody of their respective chambers, committee rooms, furniture, and property, and shall keep their respective records of said furniture and property.&nbsp;</span></p> <p><span class="cls0">G. The Office of Management and Enterprise Services shall not have any authority or responsibility for property purchased for or under the management or control of the University Hospitals Authority except as expressly provided by law.&nbsp;</span></p> <p><span class="cls0">H. The Office of Management and Enterprise Services shall not have any authority or responsibility for property purchased for or under the management or control of CompSource Oklahoma if CompSource Oklahoma is operating pursuant to a pilot program authorized by Sections 3316 and 3317 of this title.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 8082. Amended by Laws 1935, p. 24, &sect; 1, emerg. eff. May 10, 1935; Laws 1983, c. 304, &sect; 94, eff. July 1, 1983; Laws 1993, c. 330, &sect; 27, eff. July 1, 1993; Laws 1996, c. 166, &sect; 3, eff. July 1, 1996; Laws 2008, c. 319, &sect; 7, eff. Nov. 1, 2008; Laws 2009, c. 454, &sect; 15; Laws 2012, c. 304, &sect; 710.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-63.1. Building and Facility Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury, a revolving fund for the Office of Management and Enterprise Services to be designated the "Building and Facility Revolving Fund". The fund shall be a continuing fund not subject to fiscal year limitations and shall consist of all operation and maintenance charges paid to the Office by occupying agencies of the buildings operated and maintained by the Office. Monies accruing to the fund may be expended by the Office of Management and Enterprise Services for operation and maintenance of the facilities and expenses the Office incurs to support building and facilities operations. Expenditures from the fund shall be made on warrants issued by the State Treasurer against claims filed with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 230, &sect; 9, emerg. eff. June 15, 1976. Amended by Laws 1979, c. 47, &sect; 94, emerg. eff. April 9, 1979; Laws 1983, c. 304, &sect; 95, eff. July 1, 1983; Laws 1984, c. 279, &sect; 11, operative July 1, 1984; Laws 2003, c. 372, &sect; 3, eff. July 1, 2003; Laws 2012, c. 304, &sect; 711.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-63.1a. Petty cash fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created a petty cash fund for the Office of Management and Enterprise Services. Said fund shall be used as an imprest cash fund for the Building Management Division.&nbsp;</span></p> <p><span class="cls0">The amount of the Building Management petty cash fund shall not exceed Two Hundred Fifty Dollars ($250.00) and the initial amount shall be drawn by warrant from the Building and Facility Fund. The Director of the Office of Management and Enterprise Services is authorized to prescribe forms, systems and procedures for the administration of the Building Management petty cash fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 305, &sect; 20, operative July 1, 1988. Amended by Laws 2012, c. 304, &sect; 712.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-63.2. Asbestos Abatement Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services, to be designated the "Asbestos Abatement Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies paid to the Office of Management and Enterprise Services for reimbursement of expenses for abatement of asbestos hazards. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Office of Management and Enterprise Services to perform the duties of the Asbestos Abatement Division of the Office of Management and Enterprise Services. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 312, &sect; 48, emerg. eff. July 25, 1985. Amended by Laws 1987, c. 5, &sect; 43, emerg. eff. March 11, 1987; Laws 1989, c. 300, &sect; 17, operative July 1, 1989; Laws 2012, c. 304, &sect; 713.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-63.3. Records and information on underground storage tank systems - Reports by certain agencies, districts, and institutions - Priority list for removal or repair - Approval of removal - Report to Legislature.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services shall establish and maintain adequate records and information on all underground storage tank systems owned and operated by the state or any agency of the state, including but not limited to school districts or any agency thereof and institutions of higher learning.&nbsp;</span></p> <p><span class="cls0">B. Upon the effective date of this act, every state agency and school district and institution of higher education owning or operating an underground storage tank system shall furnish and deliver to the Office of Management and Enterprise Services a report of the underground tanks owned and operated by the agency, district or institution detailing location of the tank, the age, condition of any such tank and installation methods, if known.&nbsp;</span></p> <p><span class="cls0">C. Prior to the report, each agency, district or institution shall:&nbsp;</span></p> <p><span class="cls0">1. Make a visual assessment of the tanks owned and operated by them to determine whether evidence of leakage from the tank has occurred;&nbsp;</span></p> <p><span class="cls0">2. An examination of fuel records during the past year to determine if input equals output; and&nbsp;</span></p> <p><span class="cls0">3. Determine based upon visible assessment and upon information the condition of the tank, expected life of the tank, present and future need for the tank.&nbsp;</span></p> <p><span class="cls0">D. Based on the information received from the agencies, districts and institutions, the Office of Management and Enterprise Services shall establish and maintain a priority list on state owned and operated underground storage tank systems with the tanks needing removal or repair due to leakage given the greatest priority.&nbsp;</span></p> <p><span class="cls0">E. Upon establishment of the priority list, as funds become available for such purposes, the Office of Management and Enterprise Services shall provide for the upgrade, repair or removal of tanks owned and operated by said state agencies, districts or institutions so as to meet the federal protection standards for underground storage tank systems by 1999. When possible an internal assessment of the tanks shall be made and as a preference over removal except in cases of economics or extent of deterioration of the tank, or future need of the tank, and when needed the tank shall be upgraded pursuant to the most current edition of the National Leak Prevention Association Standard No. 631.&nbsp;</span></p> <p><span class="cls0">F. Except in an emergency situation no tank shall be removed without the approval of the Office of Management and Enterprise Services after determination that removal would be more cost effective than repairing or upgrading the tank.&nbsp;</span></p> <p><span class="cls0">G. By January 15 of each year, the Office of Management and Enterprise Services shall make a written report to the Speaker of the House of Representatives and the President Pro Tempore of the Senate listing:&nbsp;</span></p> <p><span class="cls0">1. The number of tanks owned and operated by state agencies, districts and institutions; and&nbsp;</span></p> <p><span class="cls0">2. How many tanks were removed and replaced or removed, or upgraded and an estimated cost of bringing the tanks into compliance with federal law requirements by 1999.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 331, &sect; 63, eff. Sept. 1, 1991. Amended by Laws 2012, c. 304, &sect; 714.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-63.4. State Surplus Auction petty cash fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created a petty cash fund for the Office of Management and Enterprise Services to be used for the State Surplus Auctions in the Property Reutilization Division.&nbsp;</span></p> <p><span class="cls0">The amount of the State Surplus Auction petty cash fund shall not exceed Two Hundred Fifty Dollars ($250.00), and the initial amount shall be drawn by warrant from the State Surplus Property Revolving Fund. The Director of the Office of Management and Enterprise Services is authorized to prescribe forms, systems and procedures for the administration of the State Surplus Auction petty cash fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 352, &sect; 3, eff. Nov. 1, 2008. Amended by Laws 2012, c. 304, &sect; 715.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-66. Restrictions - Interest in other business or in state contracts.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services is prohibited from engaging in any other business for compensation for personal services during the time of service as Director. No contract shall be entered into by said Director with any firm or corporation in which said Director shall have any interest or shall be a stockholder, nor with any relative of said Director either by blood or marriage within the third degree.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 8085. Amended by Laws 1983, c. 304, &sect; 96, eff. July 1, 1983; Laws 2012, c. 304, &sect; 716.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-71. Taking of rebates by officer of Office of Management and Enterprise Services a felony.&nbsp;</span></p> <p><span class="cls0">The taking or receiving by any officer of said Office of Management and Enterprise Services of any rebate, percentage of contract, money, or any other thing of value from any person, firm, or corporation offering, bidding for, or in the open market and seeking to make sales to said Office, shall be a felony. Any officer of said Office convicted under this section shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) and by imprisonment in the custody of the Department of Corrections not less than five (5) years nor more than ten (10) years. Such fine shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 8090. Amended by Laws 1983, c. 304, &sect; 97, eff. July 1, 1983; Laws 1997, c. 133, &sect; 584, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 424, eff. July 1, 1999; Laws 2012, c. 304, &sect; 717. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 584 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-72. Monuments and markers.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services and the Warden of the State Reformatory are authorized and directed to furnish to the said Oklahoma Historical Society and associated organizations such monuments and markers of granite as may be desired and ordered or requisitioned for the purposes pursuant to the provisions of this section at prices not exceeding the cost of production and delivery, which includes: Quarrying, squaring, facing, lettering prescribed inscriptions, crating, and delivering to the railway or other carrier.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1927, c. 224, p. 272 &sect; 1, emerg. eff. March 28, 1927. Amended by Laws 1983, c. 304, &sect; 98, eff. July 1, 1983; Laws 2012, c. 304, &sect; 718.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-74.1. Regional service offices - Assistance to state agencies - Priority of buildings used - Transportation of records and documents.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services shall assist any state agency authorized to establish and maintain regional service offices in obtaining adequate and suitable quarters, office space or facilities for any such regional service offices. Priority for obtaining adequate quarters, office space or facilities shall be given in the following order: State-owned buildings, county or municipal-owned buildings, public trust or building authority-owned buildings or private vendor-owned buildings. The Office of Management and Enterprise Services shall also facilitate the transfer or transporting of any necessary records and documents between any agency's regional service offices.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 289, &sect; 3. Amended by Laws 2012, c. 304, &sect; 719.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-75. Capitol Cafeteria Revolving Fund - Establishment - Use.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services is hereby authorized to establish a revolving fund to be designated as the "Capitol Cafeteria Revolving Fund". The said fund may be used for the operation of cafeterias and other food service in state buildings in the State Capitol area and for acquisition of new equipment and furnishings and for maintenance, repair, and replacement of existing equipment and furnishings used in connection with the operation of such Capitol Cafeterias or food service. Said revolving fund shall consist of all revenues accruing through the operation of said cafeterias or food service or paid as rental to the Office of Management and Enterprise Services by any operator-lessee of such Capitol Cafeterias or food service facilities. Expenditures from said revolving fund shall be made pursuant to general laws for the purposes set forth in this section. Warrants for said expenditures shall be drawn by the State Treasurer, based on claims signed and approved for payment by the Director of the Office of Management and Enterprise Services or his designee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 83, &sect; 1. Amended by Laws 1973, c. 46, &sect; 9, operative July 1, 1973; Laws 1979, c. 47, &sect; 95, emerg. eff. April 9, 1979; Laws 1983, c. 304, &sect; 99, eff. July 1, 1983; Laws 2012, c. 304, &sect; 720.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-75a. Capitol cafeteria petty cash fund.&nbsp;</span></p> <p><span class="cls0">A. All cash on hand or available in the Capitol cafeterias on the effective date of this act shall be deposited to the Capitol Cafeteria Revolving Fund.&nbsp;</span></p> <p><span class="cls0">B. There is hereby created a petty cash fund for the Office of Management and Enterprise Services. Said fund shall be used as a cash drawer change fund for the Capitol cafeterias.&nbsp;</span></p> <p><span class="cls0">C. The amount of the Capitol cafeteria's petty cash fund shall not exceed Two Thousand Dollars ($2,000.00) and the initial amount shall be drawn by warrant from the Capitol Cafeteria Revolving Fund. Any adjustment to the amount retained in the Capitol cafeteria's petty cash fund shall be by withdrawal and deposit to the Capitol Cafeteria Revolving Fund. Purchases from the Capitol cafeteria's petty cash fund are prohibited. The Director of the Office of Management and Enterprise Services is authorized to prescribe forms, systems and procedures for the administration of the Capitol cafeteria's petty cash fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 279, &sect; 9, operative July 1, 1984. Amended by Laws 2012, c. 304, &sect; 721.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-76. Mailing service - Interagency communications and deposit of state mail.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services is authorized to initiate and operate a mailing service for the agencies and departments of the state located in Oklahoma City. The Director of the Office of Management and Enterprise Services shall promulgate and adopt such reasonable rules and regulations as may be necessary for the efficient and economical operation of a clearinghouse for interagency communications and for the deposit of the state's mail with the United States Post Office. The Office shall have the authority to employ such personnel and to purchase and acquire such equipment, materials, and supplies as may be necessary to carry out the provisions of Sections 76 through 76b of this title. Every agency and department of the state located in Oklahoma City shall be required to participate in the mailing service, except the Department of Human Services, the Commission for Human Services, the Oklahoma Tax Commission, the University of Oklahoma Medical Center, the Oklahoma Employment Security Commission, the Oklahoma Legislature, the Oklahoma Medical Center, and the State Department of Health located in the Oklahoma Health Sciences Center.&nbsp;</span></p> <p><span class="cls0">1976 S.J.R. No. 1, p. 618, &sect; 1, operative July 1, 1976. Amended by Laws 1983, c. 304, &sect; 100, eff. July 1, 1983; Laws 1988, c. 326, &sect; 38, emerg. eff. July 13, 1988; Laws 2012, c. 304, &sect; 722.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-76a. Appropriations for mailing service - Statement of operations.&nbsp;</span></p> <p><span class="cls0">Appropriations made to the Office of Management and Enterprise Services for the mailing service shall be used for the acquisition, purchase, lease, repair, and replacement of equipment needed in the operation of the mailing service, and may be used for the payment of salaries, and in the purchase of necessary postage, materials and supplies, and in the payments of the administrative expenses of the Office of Management and Enterprise Services in connection with the operation of the mailing service. At the end of each month the Office shall furnish a statement, on such reasonable basis of pieces of mail and communications handled, as shall be established by the Office, to all state agencies and departments to which the mailing service has been furnished. All amounts collected shall be deposited pursuant to Sections 76 through 76b of this title to the credit of the General Revenue Fund of the State Treasury. Any proceeds from the sale or disposition of any equipment or property used by the Office in the operation of the mailing service shall be deposited to the credit of the State Treasury.&nbsp;</span></p> <p><span class="cls0">1976 S.J.R. No. 1, p. 618, &sect; 2, operative July 1, 1976. Amended by Laws 1983, c. 304, &sect; 101, eff. July 1, 1983; Laws 2012, c. 304, &sect; 723.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-76b. Financial statement of mailing service.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services shall furnish to the Governor and the Legislature at the close of each fiscal year a statement showing the financial condition of the mailing service, and such other information regarding the mailing service as may be necessary for a proper understanding thereof.&nbsp;</span></p> <p><span class="cls0">1976 S.J.R. No. 1, p. 618, &sect; 3, operative July 1, 1976. Amended by Laws 1983, c. 304, &sect; 102, eff. July 1, 1983; Laws 2012, c. 304, &sect; 724.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-76c. Postal Services Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services, to be designated the "Postal Services Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Office of Management and Enterprise Services for providing postal services. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended to provide postal and interagency mail services and expenses the Office of Management and Enterprise Services incurs to support postal services operations. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 305, &sect; 21, operative July 1, 1988. Amended by Laws 2003, c. 372, &sect; 4, eff. July 1, 2003; Laws 2012, c. 304, &sect; 725.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-77c. East Central Oklahoma Health Social Services Center - Property and machinery exchange authorized.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services is hereby authorized to negotiate with the board of county commissioners, Pontotoc County, Oklahoma, to exchange surplus Department of Transportation buildings and properties presently owned by the Office of Management and Enterprise Services for property and machinery owned by the Pontotoc County Commissioners, for the purpose of servicing the East Central Oklahoma Health Social Services Center at Ada.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 230, &sect; 13, emerg. eff. June 15, 1976. Amended by Laws 1983, c. 304, &sect; 103, eff. July 1, 1983; Laws 2012, c. 304, &sect; 726.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-77d. Oklahoma War Veterans Commission - Assignment of building.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services is hereby authorized and directed to assign the building located at 2311 North Central, Oklahoma City, Oklahoma, formerly occupied by the Materials and Testing Laboratory of the Department of Transportation, to the Oklahoma War Veterans Commission. Said Commission shall assign any space not used as office space for its staff and employees to national and state-chartered veterans organizations or their auxiliaries.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1977, c. 30, &sect; 1, emerg. eff. May 4, 1977. Amended by Laws 1983, c. 304, &sect; 104, eff. July 1, 1983; Laws 2012, c. 304, &sect; 727.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-78. Fleet Management Division - Fleet Manager &ndash; Director of Office of Management and Enterprise Services &ndash; Powers &ndash; Alternative fueling infrastructure.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created and established within the Office of Management and Enterprise Services, the Fleet Management Division. The Division shall provide oversight of and advice to state agencies that own, operate and utilize motor vehicles, except for the Department of Public Safety, the Department of Transportation, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of Investigation, and The Oklahoma State System of Higher Education.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Office of Management and Enterprise Services shall:&nbsp;</span></p> <p><span class="cls0">1. Appoint and fix duties and compensation for a Fleet Manager who shall serve as the administrative head of the division;&nbsp;</span></p> <p><span class="cls0">2. Hire personnel as necessary to provide fleet services;&nbsp;</span></p> <p><span class="cls0">3. Acquire facilities to maintain vehicles;&nbsp;</span></p> <p><span class="cls0">4. Construct, install, acquire, operate and provide alternative fueling infrastructure for use by state agencies and political subdivisions of the state or for leasing and transferring to political subdivisions;&nbsp;</span></p> <p><span class="cls0">5. Promulgate rules for efficient and economical operations to provide fleet services; and&nbsp;</span></p> <p><span class="cls0">6. Report to the Governor, Speaker of the House of Representatives, and President Pro Tempore of the Senate those agencies that fail to comply with the provisions of law and the rules of the Fleet Management Division regarding submission of reports, vehicle use, and vehicle maintenance.&nbsp;</span></p> <p><span class="cls0">C. The rules shall include provisions to:&nbsp;</span></p> <p><span class="cls0">1. Establish uniform written vehicle acquisition, leasing, maintenance, repairs, and disposal standards for use by all state agencies to justify actual need for vehicles;&nbsp;</span></p> <p><span class="cls0">2. Establish standards for routine vehicle inspection and maintenance;&nbsp;</span></p> <p><span class="cls0">3. Provide standards and forms for recordkeeping of fleet operation, maintenance, and repair costs for mandatory use by all state agencies to report the data to the Fleet Management Division on a monthly basis;&nbsp;</span></p> <p><span class="cls0">4. Provide standards and utilize methods for disposal of vehicles pursuant to the Oklahoma Surplus Property Act and any other applicable state laws;&nbsp;</span></p> <p><span class="cls0">5. Establish mandatory maintenance contracts throughout the state for all agencies to access for vehicle repairs and service at discounted rates and parts;&nbsp;</span></p> <p><span class="cls0">6. Require all agencies with in-house repair and service facilities to assign a value to the preventive maintenance services, track those services with a dollar value, and report costs to the Fleet Manager for the prior month no later than the twentieth day following the close of each month;&nbsp;</span></p> <p><span class="cls0">7. Promulgate rules requiring all state-owned motor vehicles to be marked in a uniform, highly visible manner, except for certain vehicles driven by law enforcement agencies or other agencies requiring confidentiality;&nbsp;</span></p> <p><span class="cls0">8. Require agencies to produce and maintain written justification for any vehicle that travels fewer than twelve thousand (12,000) miles annually and report to the Fleet Manager such information by October 1 of each year; and&nbsp;</span></p> <p><span class="cls0">9. Address any other matter or practice which relates to the responsibilities of the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">D. The Fleet Manager shall:&nbsp;</span></p> <p><span class="cls0">1. Develop specifications for contracts for vehicle maintenance for state vehicles not serviced or maintained by state agencies;&nbsp;</span></p> <p><span class="cls0">2. Conduct on-site inspections to verify state agency or supplier compliance with Division standards for inspections, maintenance and recordkeeping;&nbsp;</span></p> <p><span class="cls0">3. Assess state agency needs for vehicles and types of vehicles;&nbsp;</span></p> <p><span class="cls0">4. Assign, transfer or lease vehicles to a state agency to meet the needs of the state agency;&nbsp;</span></p> <p><span class="cls0">5. Unless otherwise provided by law, determine whether a state agency may use or operate a vehicle without state identifying markings, bearing a license plate used by a privately owned vehicle to perform the duties of the state agency without hindrance;&nbsp;</span></p> <p><span class="cls0">6. Report to the Director of the Office of Management and Enterprise Services occurrences of agencies failing to comply with the provisions of law and the rules of the Fleet Management Division regarding submission of reports, vehicle use, and vehicle maintenance;&nbsp;</span></p> <p><span class="cls0">7. Offer guidelines to agencies to assist in determining the most cost-effective and reasonable modes of travel for single trips from the following options: state vehicle, private rental, or mileage reimbursement; and&nbsp;</span></p> <p><span class="cls0">8. Provide, upon the request of the Governor, the President Pro Tempore of the Senate or the Speaker of the House of Representatives, reports from data the Fleet Manager collects.&nbsp;</span></p> <p><span class="cls0">E. The Director of the Office of Management and Enterprise Services may enter into agreements with any political subdivision of this state for the purpose of providing fleet services established by the Fleet Management Division pursuant to this section and rules promulgated pursuant to this section.&nbsp;</span></p> <p><span class="cls0">F. The Director of the Office of Management and Enterprise Services, through the Fleet Management Division, may enter into partnership agreements with political subdivisions and private entities for the purposes of applying for, participating in, and administering federal grant funds. The partnership agreements and activities authorized in this subsection are hereby declared to be a public purpose.&nbsp;</span></p> <p><span class="cls0">G. The Office may offer public access to alternative fueling infrastructure owned and operated by the Office in areas of the state in which access to an alternative fueling infrastructure is not readily available to the public. The Office shall cease allowing public access to an alternative fueling infrastructure operated by the Office if a privately owned alternative fueling infrastructure locates within a five-mile radius of the infrastructure operated by the Department.&nbsp;</span></p> <p><span class="cls0">H. When used in relation to the Fleet Management Division:&nbsp;</span></p> <p><span class="cls0">1. "Alternative fueling infrastructure" shall mean a fill station or charge station used to deliver or provide alternative fuels as defined in Section 130.2 of this title; and&nbsp;</span></p> <p><span class="cls0">2. "Alternative fuel vehicle" shall mean a motor vehicle originally designed by the manufacturer to operate lawfully and principally on streets and highways which is propelled by an alternative fuel as defined in Section 130.2 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 43, &sect; 1, operative July 1, 1985. Amended by Laws 2001, c. 169, &sect; 7, eff. Nov. 1, 2001; Laws 2004, c. 511, &sect; 1, eff. Nov. 1, 2004; Laws 2006, c. 271, &sect; 13, eff. July 1, 2006; Laws 2007, c. 169, &sect; 1, eff. Nov. 1, 2007; Laws 2009, c. 371, &sect; 1, emerg. eff. May 29, 2009; Laws 2010, c. 2, &sect; 90, emerg. eff. March 3, 2010; Laws 2012, c. 304, &sect; 728.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 442, &sect; 18 repealed by Laws 2010, c. 2, &sect; 91, emerg. eff. March 3, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-78a. Requisition of motor vehicles.&nbsp;</span></p> <p><span class="cls0">A. State agencies with authority to own motor vehicles shall submit a requisition to the Director of the Office of Management and Enterprise Services prior to acquisition of a motor vehicle. The requisition shall state the type of vehicle, the intended purpose of the vehicle, a statement that the agency has actual need for the vehicle, the supplier of the vehicle, that the state agency has sufficient funds to acquire and maintain the vehicle and cite the statutory authority of the state agency to acquire a vehicle.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Office of Management and Enterprise Services shall review the requisition and approve or deny the request of the state agency within fifteen (15) days of receipt.&nbsp;</span></p> <p><span class="cls0">C. The provisions of subsections A and B of this section shall not apply to the Department of Public Safety or the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.&nbsp;</span></p> <p><span class="cls0">D. The provisions of subsections A and B of this section shall not apply to CompSource Oklahoma if CompSource Oklahoma is operating pursuant to a pilot program authorized by Sections 3316 and 3317 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 301, &sect; 29, operative July 1, 1986. Amended by Laws 1988, c. 305, &sect; 26, operative July 1, 1988; Laws 2001, c. 169, &sect; 8, eff. Nov. 1, 2001; Laws 2009, c. 454, &sect; 16; Laws 2010, c. 2, &sect; 92, emerg. eff. March 3, 2010; Laws 2012, c. 304, &sect; 729.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 442, &sect; 19 repealed by Laws 2010, c. 2, &sect; 93, emerg. eff. March 3, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-78b. State agencies - Notice of disposal of vehicles - When disposal permitted.&nbsp;</span></p> <p><span class="cls0">A. A state agency shall notify the Fleet Management Division of the Office of Management and Enterprise Services not less than thirty (30) days prior to any vehicle disposal by the state agency.&nbsp;</span></p> <p><span class="cls0">B. A state agency shall not dispose of a passenger car, truck, pickup, or other vehicle the state agency owns until it has been in use for sixty thousand (60,000) miles or at least twenty-four (24) months have elapsed since the day the claim was approved for the payment thereof, unless the vehicle has damage and repairs that will exceed Two Thousand Five Hundred Dollars ($2,500.00), or the Director of the Fleet Management Division of the Office of Management and Enterprise Services provides written authorization for disposal.&nbsp;</span></p> <p><span class="cls0">C. The provisions of subsections A and B of this section shall not apply to CompSource Oklahoma if CompSource Oklahoma is operating pursuant to a pilot program authorized by Sections 3316 and 3317 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 43, &sect; 3, operative July 1, 1985. Amended by Laws 2001, c. 169, &sect; 3, eff. Nov. 1, 2001. Renumbered from &sect; 156.4 of Title 47 by Laws 2001, c. 169, &sect; 10, eff. Nov. 1, 2001. Amended by Laws 2009, c. 454, &sect; 17; Laws 2012, c. 304, &sect; 730.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-78c. State Fleet Management Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created a special fund to be designated the "State Fleet Management Fund". The fund may be appropriated for and used for the acquisition, leasing, operation, storage, maintenance, repair and replacement of motor vehicles under the control of the Fleet Management Division, the payment of insurance premiums, the payment of the administrative expenses of the Division in connection with the operation of the motor pool, expenses the Office of Management and Enterprise Services incurs to support Division operations, and for expenses associated with constructing, installing, acquiring, and operating alternative fueling infrastructure and acquiring alternative fuel vehicles for use by state agencies or for leasing and transferring to political subdivisions of the state as authorized pursuant to Section 78e of this title.&nbsp;</span></p> <p><span class="cls0">B. At the end of each month the Division shall render a statement, on such reasonable basis of mileage or rental as shall be established by the Division, to all state agencies to which transportation has been furnished, and all amounts collected shall be deposited to the credit of the "State Fleet Management Fund".&nbsp;</span></p> <p><span class="cls0">C. Proceeds from the disposition of motor vehicles or other property owned by the Division shall be deposited to the credit of the fund.&nbsp;</span></p> <p><span class="cls0">D. Payments received by the Office for the lease of alternative fueling infrastructure and vehicles as provided for in Section 78e of this title shall be deposited to the credit of the fund.&nbsp;</span></p> <p><span class="cls0">E. The Fleet Management Division is authorized to maintain a petty cash fund in such amount not exceeding Two Thousand Dollars ($2,000.00) to make immediate cash payments as are required or necessary in the opinion of the Fleet Management Director. Any such cash disbursement shall be made only by the persons so designated by the Fleet Management Director, and only in the payment of claims authorized by law. Such proofs and receipts shall be presented by the person making a claim as is required by the Fleet Management Director.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 89, &sect; 9, emerg. eff. April 1, 1968. Amended by Laws 2001, c. 169, &sect; 4, eff. Nov. 1, 2001. Renumbered from &sect; 159.9 of Title 47 by Laws 2001, c. 169, &sect; 10, eff. Nov. 1, 2001. Amended by Laws 2003, c. 372, &sect; 5, eff. July 1, 2003; Laws 2009, c. 371, &sect; 2, emerg. eff. May 29, 2009; Laws 2012, c. 304, &sect; 731.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7478d. Reports to Governor.&nbsp;</span></p> <p><span class="cls0">The Fleet Management Division shall furnish to the Governor at the close of each fiscal year a statement showing the financial condition of the Division, an inventory of all motor vehicles under its control, and such other information regarding the state motor vehicle transportation system as is necessary for a proper understanding of the operation of such system and of the financial condition of the motor pool operations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 89, &sect; 10, emerg. eff. April 1, 1968. Amended by Laws 2001, c. 169, &sect; 5, eff. Nov. 1, 2001. Renumbered from &sect; 159.10 of Title 47 by Laws 2001, c. 169, &sect; 10, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-78e. Fleet Management Division.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services through the Fleet Management Division may enter into agreements with political subdivisions of the state to lease alternative fuel vehicles and alternative fueling infrastructure constructed, installed or acquired by the Office and to transfer title to the vehicles and infrastructure and any associated real property to the political subdivision upon final payment of the obligations contained in the agreement.&nbsp;</span></p> <p><span class="cls0">B. The maximum amount the Office may expend for the construction, installation or acquisition of an alternative fueling infrastructure to be leased to a political subdivision of the state shall be the actual cost of the infrastructure or Five Hundred Thousand Dollars ($500,000.00), whichever is less.&nbsp;</span></p> <p><span class="cls0">C. Payments received by the Office for the leasing of alternative fuel vehicles and alternative fueling infrastructure as provided for in this section shall be deposited in the State Fleet Management Fund created in Section 78c of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 371, &sect; 3, emerg. eff. May 29, 2009. Amended by Laws 2012, c. 304, &sect; 732.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-78f. Compressed natural gas (CNG) fueling stations.&nbsp;</span></p> <p><span class="cls0">A. The Legislature declares that it is in the public interest to promote public access to compressed natural gas (CNG) fueling stations in the state.&nbsp;</span></p> <p><span class="cls0">B. It is the intent of the Legislature to increase the number of public access CNG fueling stations located along the interstate highway system in the state.&nbsp;</span></p> <p><span class="cls0">C. It shall be the goal to have at least one public CNG fueling station located approximately every one hundred (100) miles along the entire interstate highway system in the state by the year 2015. The goal shall increase to at least one public CNG fueling station approximately every fifty (50) miles by the year 2025.&nbsp;</span></p> <p><span class="cls0">D. The Office of Management and Enterprise Services through the Fleet Management Division may take steps to meet the goal set forth in this section by cooperating with or entering into partnership agreements with private entities to construct the necessary CNG fueling stations for use by the public, state agencies and political subdivisions of the state. Any agreement to construct a CNG fueling station pursuant to this section shall be subject to the public bidding requirements as set forth in The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 283, &sect; 8, eff. Nov. 1, 2010. Amended by Laws 2012, c. 304, &sect; 733.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-79. Renumbered as &sect; 85.45k of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-80.1. Fleet Management Division &ndash; Exchange of information.&nbsp;</span></p> <p><span class="cls0">A. Prior to October 1, 2005, each state agency that uses state vehicles shall submit to the Fleet Management Division, upon forms developed by the Division, a report that contains the following information:&nbsp;</span></p> <p><span class="cls0">1. The number of vehicles purchased or leased by the state agency with the VIN, mileage, and make, model, and year of each vehicle;&nbsp;</span></p> <p><span class="cls0">2. The maintenance plans and records for the vehicles;&nbsp;</span></p> <p><span class="cls0">3. The amount of use of each vehicle;&nbsp;</span></p> <p><span class="cls0">4. The state agency policy for use of vehicles by employees for travel to and from the residences of the employees;&nbsp;</span></p> <p><span class="cls0">5. The type of markings on the vehicles and justifications for any exemptions from requirement that vehicles have markings;&nbsp;</span></p> <p><span class="cls0">6. Fuel purchasing practices;&nbsp;</span></p> <p><span class="cls0">7. Rotation of vehicles based on mileage; and&nbsp;</span></p> <p><span class="cls0">8. Justification for any exemptions the state agency may have in the law relating to the purchase or lease of vehicles.&nbsp;</span></p> <p><span class="cls0">B. Prior to December 1, 2005, the Fleet Management Division shall submit a report to the Task Force to Study the Fleet Management Division of the Office of Management and Enterprise Services that contains the following information:&nbsp;</span></p> <p><span class="cls0">1. A summarization of the data collected pursuant to subsection A of this section;&nbsp;</span></p> <p><span class="cls0">2. Recommendations for legislation that would be beneficial to the Division in implementing the Fleet Management Reform Act; and&nbsp;</span></p> <p><span class="cls0">3. The status of a web-based statewide fleet management information system.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 393, &sect; 2, emerg. eff. June 6, 2005. Amended by Laws 2012, c. 304, &sect; 734; Laws 2012, c. 304, &sect; 734.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.1. Citation.&nbsp;</span></p> <p><span class="cls0">Sections 85.1 through 85.45k of this title shall be known and may be cited as "The Oklahoma Central Purchasing Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, c. 350, &sect; 1, eff. July 1, 1959. Amended by Laws 1998, c. 371, &sect; 1, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in The Oklahoma Central Purchasing Act, unless the context otherwise requires:&nbsp;</span></p> <p><span class="cls0">1. "Acquisition" means items, products, materials, supplies, services, and equipment a state agency acquires by purchase, lease-purchase, lease with option to purchase, or rental pursuant to The Oklahoma Central Purchasing Act unless the items, products, supplies, services, or equipment are exempt pursuant to The Oklahoma Central Purchasing Act;&nbsp;</span></p> <p><span class="cls0">2. "Best value criteria" means evaluation criteria which may include, but is not limited to, the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the acquisition's operational cost a state agency would incur,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the quality of the acquisition, or its technical competency,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the reliability of the bidder's delivery and implementation schedules,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the acquisition's facilitation of data transfer and systems integration,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the acquisition's warranties and guarantees and the bidder's return policy,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;the bidder's financial stability,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;the acquisition's adherence to the state agency's planning documents and announced strategic program direction,&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;the bidder's industry and program experience and record of successful past performance with acquisitions of similar scope and complexity,&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;the anticipated acceptance by user groups, and&nbsp;</span></p> <p class="cls2"><span class="cls0">j.&nbsp;&nbsp;the acquisition's use of proven development methodology, and innovative use of current technologies that lead to quality results;&nbsp;</span></p> <p><span class="cls0">3. "Bid" or "proposal" means an offer a bidder submits in response to an invitation to bid or request for proposal;&nbsp;</span></p> <p><span class="cls0">4. "Bidder" means an individual or business entity that submits a bid or proposal in response to an invitation to bid or a request for proposal;&nbsp;</span></p> <p><span class="cls0">5. "Business entity" means individuals, partnerships, business trusts, cooperatives, associates, corporations or any other firm, group or concern which functions as a separate entity for business purposes;&nbsp;</span></p> <p><span class="cls0">6. "Change order" means a unilateral written order directing a supplier to make a change;&nbsp;</span></p> <p><span class="cls0">7. "Chief administrative officer" means an individual responsible for directing the administration of a state agency. The term does not mean one or all of the individuals that make policy for a state agency;&nbsp;</span></p> <p><span class="cls0">8. "Component" means any item supplied as part of an end item or of another component;&nbsp;</span></p> <p><span class="cls0">9. "Consolidation contract" means a contract for several state agencies for the purpose of purchasing computer software maintenance or hardware maintenance;&nbsp;</span></p> <p><span class="cls0">10. "Contract" means a mutually binding legal relationship obligating the seller to furnish an acquisition and the buyer to pay for it. It includes all types of commitments that obligate a state agency to an expenditure of funds or action that, unless otherwise authorized, is in writing. In addition to bilateral instruments, contracts include, but are not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;awards and notices of awards,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;orders issued under basic ordering agreements,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;letter contracts,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;orders under which the contract becomes effective by written acceptance or performance, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;bilateral contract modifications;&nbsp;</span></p> <p><span class="cls0">11. "Contract modification" means any written change in the terms of the contract;&nbsp;</span></p> <p><span class="cls0">12. "Contracting" means purchasing, renting, leasing, or otherwise obtaining acquisitions from private sources. Contracting includes description, but not determination, of acquisitions required, selection and solicitation of sources, preparation and award of contracts, and contract administration;&nbsp;</span></p> <p><span class="cls0">13. &ldquo;Contractor&rdquo; means an individual or business entity entering into a contract for goods and/or services with the state as a result of a solicitation;&nbsp;</span></p> <p><span class="cls0">14. "Electronic commerce" means the use of electronic methods to enable solicitation, supplier response, notice of contract award, state agency acquisition processes, or any other function to make an acquisition;&nbsp;</span></p> <p><span class="cls0">15. &ldquo;Electronic payment mechanism&rdquo; means a method of electronic payment for authorized acquisitions;&nbsp;</span></p> <p><span class="cls0">16. "Enterprise agreement" means an agreement for computer hardware, software, and service that a supplier manufactures, develops, and designs, and that one or more state agencies use;&nbsp;</span></p> <p><span class="cls0">17. &ldquo;Environmentally preferable products and services (EPPS)&rdquo; means acquisitions that best meet the requirements as defined in the solicitation for human health and the environment;&nbsp;</span></p> <p><span class="cls0">18. "Equipment" means personal property a state agency acquires for its use which is an item or product and shall include all personal property used or consumed by a state agency that is not included within the category of materials and supplies;&nbsp;</span></p> <p><span class="cls0">19. "High technology system" means advanced technological equipment, software, communication lines, and services for the processing, storing, and retrieval of information by a state agency;&nbsp;</span></p> <p><span class="cls0">20. "Item" or "product" means some quantity or kind of such supplies, materials or equipment;&nbsp;</span></p> <p><span class="cls0">21. "Local governmental entity" means any unit of local government including, but not limited to, any school district, county, or municipality of this state;&nbsp;</span></p> <p><span class="cls0">22. "Lowest and best" means an acquisition based on criteria which include, but are not limited to, the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the lowest total purchase price,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the quality and reliability of the product, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the consistency of the proposed acquisition with the state agency's planning documents and announced strategic program direction;&nbsp;</span></p> <p><span class="cls0">23. "Materials" or "supplies" includes all property except real property or equipment that a state agency acquires for its use or consumption;&nbsp;</span></p> <p><span class="cls0">24. "Multistate contract" or "multigovernmental contract" means an agreement entered into between two or more entities of government for acquisitions pursuant to a single contract;&nbsp;</span></p> <p><span class="cls0">25. "Nonprofessional services" means services which are predominantly physical or manual in character and may involve the supplying of products;&nbsp;</span></p> <p><span class="cls0">26. "Political subdivision" means local governmental entities and such other entities specified as political subdivisions pursuant to The Governmental Tort Claims Act;&nbsp;</span></p> <p><span class="cls0">27. "Open market contract" means a contract for a one-time acquisition not exceeding the acquisition amount requiring competitive bid pursuant to Section 85.7 of this title;&nbsp;</span></p> <p><span class="cls0">28. "Professional services" means services which are predominantly mental or intellectual in character rather than physical or manual and which do not involve the supplying of products. Professional services include services to support or improve state agency policy development, decision making, management, administration, or the operation of management systems;&nbsp;</span></p> <p><span class="cls0">29. "Purchase order" means an offer by a state agency to make an acquisition utilizing simplified procedures;&nbsp;</span></p> <p><span class="cls0">30. "Requisition" means a written request by a state agency for an acquisition;&nbsp;</span></p> <p><span class="cls0">31. "Services" or "contractual services" means direct engagement of the time and effort of a contractor for the primary purpose of performing an identifiable task rather than for the furnishing of an end item of supply;&nbsp;</span></p> <p><span class="cls0">32. "Sole brand acquisition" means an acquisition that by specification restricts the acquisition to one manufacturer or brand name;&nbsp;</span></p> <p><span class="cls0">33. "Sole source acquisition" means an acquisition which, by specification, restricts the acquisition to one supplier;&nbsp;</span></p> <p><span class="cls0">34. &rdquo;Solicitation&rdquo; means a request or invitation by the State Purchasing Director or a state agency for a supplier to submit a priced offer to sell acquisitions to the state. A solicitation may be an invitation to bid, request for proposal, or a request for quotation;&nbsp;</span></p> <p><span class="cls0">35. "Split purchase" means dividing a known quantity or failing to consolidate a known quantity of an acquisition for the purpose of evading a competitive bidding requirement;&nbsp;</span></p> <p><span class="cls0">36. "State agency" includes any office, officer, bureau, board, counsel, court, commission, institution, unit, division, body or house of the executive or judicial branches of the state government, whether elected or appointed, excluding only political subdivisions of the state;&nbsp;</span></p> <p><span class="cls0">37. "State purchase card" means an electronic transaction device used for making acquisitions;&nbsp;</span></p> <p><span class="cls0">38. "State Purchasing Director" or "Director of Central Purchasing" includes any employee or agent of the State Purchasing Director, acting within the scope of delegated authority;&nbsp;</span></p> <p><span class="cls0">39. "Statewide contract" means a contract for specific acquisitions for a specified period with a provision allowing the agencies and local governmental entities to place orders as the acquisitions are needed for delivery during the period specified; and&nbsp;</span></p> <p><span class="cls0">40. "Supplier" or "vendor" means an individual or business entity that sells or desires to sell acquisitions to state agencies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 350, &sect; 2, eff. July 1, 1959. Amended by Laws 1986, c. 173, &sect; 1, emerg. eff. May 12, 1986; Laws 1991, c. 197, &sect; 1, eff. July 1, 1991; Laws 1992, c. 250, &sect; 6, eff. July 1, 1992; Laws 1994, c. 329, &sect; 2, eff. July 1, 1994; Laws 1996, c. 316, &sect; 1, eff. July 1, 1996; Laws 1998, c. 371, &sect; 2, eff. Nov. 1, 1998; Laws 1999, c. 289, &sect; 1, eff. July 1, 1999; Laws 2000, c. 333, &sect; 1, emerg. eff. June 5, 2000; Laws 2008, c. 96, &sect; 1, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.3. Purchasing Division - Director - Employees - Encouragement of certain purchases - Conflict of interest.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created and established in the Office of Management and Enterprise Services a Purchasing Division, the administrative head of which shall be the State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Office of Management and Enterprise Services shall hire the State Purchasing Director. The State Purchasing Director shall:&nbsp;</span></p> <p><span class="cls0">1. Be at least twenty-eight (28) years of age;&nbsp;</span></p> <p><span class="cls0">2. Have a thorough knowledge of office practices and buying procedures in volume purchasing; and&nbsp;</span></p> <p><span class="cls0">3. Be a graduate of an accredited college or university with at least five (5) years' experience in commercial or governmental purchasing, or, in lieu of such education, have at least ten (10) years' experience in commercial or governmental purchasing.&nbsp;</span></p> <p><span class="cls0">C. The Purchasing Division may include the following employees, and employment of such employees is hereby authorized:&nbsp;</span></p> <p><span class="cls0">1. One assistant director;&nbsp;</span></p> <p><span class="cls0">2. One qualified specifications engineer;&nbsp;</span></p> <p><span class="cls0">3. Buyers who have at least three (3) years' procurement experience for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;food,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;hardware,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;textiles,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;petroleum,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;office supplies,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;building materials,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;pharmaceutical supplies,&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;automotive equipment, parts, and accessories, and&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;any other commodity group found by the Director of the Office of Management and Enterprise Services to justify special purchasing attention;&nbsp;</span></p> <p><span class="cls0">4. One buyer for products and services of the severely disabled as provided in Section 3001 et seq. of this title;&nbsp;</span></p> <p><span class="cls0">5. One dietitian, who shall have the qualifications required by the State Department of Health; and&nbsp;</span></p> <p><span class="cls0">6. Such other technical and clerical personnel as shall be assigned to the Purchasing Division by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">D. All activities of any state agency, department, or institution relating to purchasing shall be under the direction of the Purchasing Division unless otherwise provided by The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">E. The Purchasing Division shall provide qualified personnel to assist the purchasing activities of state agencies, departments, and institutions.&nbsp;</span></p> <p><span class="cls0">F. Each state agency, department, and institution shall designate personnel to coordinate its purchasing functions with the Purchasing Division.&nbsp;</span></p> <p><span class="cls0">G. The Purchasing Division may, if the needs of a state agency, department, or institution are such as to so require, employ, and establish a buyer within a state agency, department, or institution.&nbsp;</span></p> <p><span class="cls0">H. No state agency, department, or institution subject to The Oklahoma Central Purchasing Act shall have or maintain a purchasing section without the prior approval in writing of the Purchasing Division unless otherwise provided in The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">I. The Purchasing Division shall make acquisitions from industries operated by the Department of Corrections pursuant to the provisions of Section 549.1 of Title 57 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">J. None of the personnel authorized by this section shall:&nbsp;</span></p> <p><span class="cls0">1. Sell to or otherwise provide acquisitions to any state agency subject to The Oklahoma Central Purchasing Act;&nbsp;</span></p> <p><span class="cls0">2. Be employees, partners, associates, officers, or stockholders in or with any business entity that sells to or otherwise provides acquisitions to any agency subject to The Oklahoma Central Purchasing Act;&nbsp;</span></p> <p><span class="cls0">3. Be employed in any of the positions authorized by this section if a spouse or child owns any stock in any business entity which sells to or otherwise provides acquisitions to any agency subject to The Oklahoma Central Purchasing Act; or&nbsp;</span></p> <p><span class="cls0">4. Be employed in any of the positions authorized by this section if a relative within the third degree of consanguinity or affinity sells to or otherwise provides acquisitions to any agency subject to The Oklahoma Central Purchasing Act or is interested in any business entity which does so, except that such relative, excluding a spouse or child, may own Five Thousand Dollars ($5,000.00) worth or less, or one percent (1%) or less, whichever amount is the lesser amount, of the stock of a corporation or any business entity which sells to or otherwise provides acquisitions to any state agency subject to The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 350, &sect; 3, eff. July 1, 1959. Amended by Laws 1961, p. 589, &sect; 1; Laws 1968, c. 88, &sect; 1, emerg. eff. April 1, 1968; Laws 1976, c. 230, &sect; 16, emerg. eff. June 15, 1976; Laws 1980, c. 159, &sect; 34, emerg. eff. April 2, 1980; Laws 1983, c. 304, &sect; 105, eff. July 1, 1983; Laws 1993, c. 175, &sect; 1, emerg. eff. May 10, 1993; Laws 1996, c. 214, &sect; 2, emerg. eff. May 21, 1996; Laws 1999, c. 289, &sect; 2, eff. July 1, 1999; Laws 2008, c. 96, &sect; 2, eff. Nov. 1, 2008; Laws 2012, c. 304, &sect; 735.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.3A. Exempted entities - State purchasing contracts advisory committee.&nbsp;</span></p> <p><span class="cls0">A. Compliance with the provisions of The Oklahoma Central Purchasing Act shall not be required of:&nbsp;</span></p> <p><span class="cls0">1. County government;&nbsp;</span></p> <p><span class="cls0">2. The Oklahoma State Regents for Higher Education, the institutions, centers, or other constituent agencies of The Oklahoma State System of Higher Education;&nbsp;</span></p> <p><span class="cls0">3. The telecommunications network known as OneNet;&nbsp;</span></p> <p><span class="cls0">4. The Department of Public Safety gun range; &nbsp;</span></p> <p><span class="cls0">5. The State Treasurer for the following purchases:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;services, including, but not limited to, legal services to assist in the administration of the Uniform Unclaimed Property Act, as provided in Section 668 of Title 60 of the Oklahoma Statutes, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;software, hardware and associated services to assist in the administration of funds and securities held by the state, as provided in Section 71.2 of Title 62 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">6. CompSource Oklahoma if CompSource Oklahoma is operating pursuant to a pilot program authorized by Sections 3316 and 3317 of this title; or&nbsp;</span></p> <p><span class="cls0">7. The Oklahoma Wheat Utilization, Reasearch and Market Development Commission.&nbsp;</span></p> <p><span class="cls0">B. The State Purchasing Director may form an advisory committee consisting of representatives from entities exempted from the provisions of The Oklahoma Central Purchasing Act. The purpose of the committee shall be to allow committee members to provide input into the development of shared state purchasing contracts, collaboratively participate in the integration of their purchasing platforms or electronic purchasing catalogs, analyze solutions that may be used by state government to meet the purchasing needs of the entities, explore joint purchases of general use items that result in mutual procurement of quality goods and services at the lowest reasonable cost and explore flexibility, administrative relief, and transformation changes through utilization of procurement technology.&nbsp;</span></p> <p><span class="cls0">C. At the invitation of the State Purchasing Director entities exempted from the provisions of The Oklahoma Central Purchasing Act shall participate in the advisory committee referenced in subsection B of this section.&nbsp;</span></p> <p><span class="cls0">D. The State Purchasing Director may invite representatives of local government and local common education entities to participate as members of the advisory committee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 289, &sect; 3, eff. July 1, 1999. Amended by Laws 2008, c. 319, &sect; 8, eff. Nov. 1, 2008; Laws 2009, c. 433, &sect; 11, eff. Nov. 1, 2009; Laws 2010, c. 2, &sect; 94, emerg. eff. March 3, 2010; Laws 2010, c. 66, &sect; 1, eff. Nov. 1, 2010; Laws 2012, c. 106, &sect; 3.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 454, &sect; 18 repealed by Laws 2010, c. 2, &sect; 95, emerg. eff. March 3, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.4. Requisitions - Determination of quantitative need by agencies - Forms - Information required - Lease-purchase agreements - Change order or addendum - Lease of products - Purchases from federal government.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided by The Oklahoma Central Purchasing Act, every state agency shall make all acquisitions used, consumed or spent by the state agency in the performance of its official functions by the presentation of requisitions to the Purchasing Division.&nbsp;</span></p> <p><span class="cls0">B. The provisions of The Oklahoma Central Purchasing Act shall not preclude a state agency from:&nbsp;</span></p> <p><span class="cls0">1. Accepting gifts or donations in any manner authorized by law; or&nbsp;</span></p> <p><span class="cls0">2. Making an acquisition for itself without presentation of a requisition when an acquisition without requisition is authorized in writing by the State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">C. Subject to the provisions of this section, every state agency shall determine its own quantitative needs for acquisitions and the general class or nature of the acquisitions.&nbsp;</span></p> <p><span class="cls0">D. The Director of the Office of Management and Enterprise Services shall prescribe standardized contract forms and all other forms requisite or deemed necessary by the Director of the Office of Management and Enterprise Services to effectuate the provisions of this section and The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">E. 1. A contract that results from a requisition required by this section for nonprofessional services or professional services whether or not such services are exempt from the competitive bidding requirements of this section or pursuant to Section 85.7 of this title shall be signed by the chief administrative officer of the state agency or the chief administrative officer of the requisitioning unit of the state agency certifying that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;no employee of the state agency is able and available to perform the services to be provided pursuant to the contract,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the state agency shall receive, review and accept a detailed work plan from the supplier for performance pursuant to the contract if requested by the State Purchasing Director,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the state agency has developed, and fully intends to implement, a written plan providing for the assignment of specific state agency personnel to:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;monitoring and auditing supplier performance,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;the periodic review of interim reports, or other indications of performance, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;if requested by the State Purchasing Director, the ultimate utilization of the final product of the nonprofessional or professional services,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the work to be performed under the contract is necessary to the state agency's responsibilities, and there is statutory authority to enter into the contract,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the contract will not establish an employment relationship between the state or the state agency and any persons performing under the contract,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;no current state employee will engage in the performance of the contract, unless specifically approved by the State Purchasing Director, &nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;the purchase of the nonprofessional or professional services is justified, and&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;the contract contains provisions that are required by Section 85.41 of this title.&nbsp;</span></p> <p class="cls2"><span class="cls0">2.&nbsp;&nbsp;a.&nbsp;&nbsp;When a state agency requisition indicates that a supplier will provide acquisitions in components or phases, the requisition shall list each component or phase, and the State Purchasing Director shall include the list in the Invitation to Bid.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;The determination of the lowest and best bid or best value bid, as required by The Oklahoma Central Purchasing Act, shall include all component or phase deliveries and shall not be based solely on the first component or phase delivery.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;For a purchase order or contract that includes separate component deliveries, the Purchasing Director or a state agency may issue change orders to increase a purchase order or contract for the acquisition that do not exceed an increase of ten percent (10%) of the original purchase order or contract total price.&nbsp;</span></p> <p><span class="cls0">F. Any person certifying the information required by subsection E of this section who knows such information to be false, shall upon conviction be guilty of a misdemeanor and shall be punished by fine or imprisonment or both fine and imprisonment pursuant to the provisions of Section 85.15 of this title and shall be civilly liable for the amount of the contract.&nbsp;</span></p> <p><span class="cls0">G. The State Purchasing Director may request additional information necessary to adequately review the requisitions to ensure compliance with The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">H. If the Purchasing Director determines that an acquisition is not necessary, excessive or not justified, the State Purchasing Director shall deny the requisition.&nbsp;</span></p> <p><span class="cls0">I. 1. No state agency shall enter into a lease-purchase agreement if title is acquired to tangible property of any class or nature by making lease, rental, or any other type payments, except as specifically authorized by law and except insofar as data processing equipment or other equipment is concerned; provided, however, the lease-purchase of data processing or other equipment by any state agency shall be processed by competitive bids through the Purchasing Division of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">2. The Council of Legislative Bond Oversight shall have the authority to determine the most cost-effective method for obtaining financing for lease-purchase agreements, which may be financed by either negotiated sale or competitive bid. If the Council of Legislative Bond Oversight determines that the lease-purchase of personal or real property should be financed through negotiated sale, the financing shall be subject to the provisions of the Oklahoma Bond Oversight and Reform Act. Unless the Council determines that the sale should be executed on a negotiated basis, such financing shall be processed by competitive bids through the Purchasing Division of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">3. Regardless of the method of financing, the acquisition price of personal property subject to a lease-purchase agreement shall be processed by competitive bids through the Purchasing Division of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">4. The State Purchasing Director may permit lease-purchasing of equipment by the Oklahoma Tourism and Recreation Commission if such leasing is determined by the State Purchasing Director to be in the best interest of the state; provided, that such leasing must be processed by competitive bids through the State Purchasing Director except as to those acquisitions exempt under Section 85.12 of this title.&nbsp;</span></p> <p><span class="cls0">J. No state agency shall enter into a lease-purchase contract between the state agency as lessee and a private party as lessor if the contract is not capable of complete performance within the current fiscal year in which the contract was entered into unless a valid nonappropriation clause is included in the contract. Such contracts shall contain the following or substantially similar language:&nbsp;</span></p> <p><span class="cls0">Lessee shall have the right to terminate the lease, in whole but not in part, at the end of any fiscal year of lessee, if the Legislature fails to allocate sufficient funds to lessee for the rental payments required under the lease.&nbsp;</span></p> <p><span class="cls0">K. 1. No change order or addendum shall be made to a lease-purchase agreement which extends the term or life of the original bid contract. Any lease-purchase agreement requiring such extensions or refinancing shall be readvertised and processed in accordance with the provisions of The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">2. Every state agency, whether or not subject to the provisions of The Oklahoma Central Purchasing Act, shall maintain a list of all tangible personal property which it is acquiring by a lease-purchase method and, prior to the renewal of a lease-purchase agreement, shall evaluate the rate being paid under the current lease-purchase agreement against rates currently being received by the Purchasing Division of the Office of Management and Enterprise Services on a competitive bid basis to determine whether or not refinancing of the property will benefit the state. Any state agency which elects not to submit a requisition for a possible refinancing when the existing rates are at least one percent (1%) above rates being currently bid, and when the total sum to be paid for the property including principal and interest will be reduced, shall submit a written justification to the State Purchasing Director stating the reasons for not attempting to refinance the property. The State Purchasing Director shall forward all such justifications to the Chair of the Appropriations Committee of the Senate and the Chair of the Committee on Appropriations and Budget of the House of Representatives no later than February 1 of each year.&nbsp;</span></p> <p><span class="cls0">3. Unless otherwise provided by law, no state agency shall enter into a lease-purchase agreement for real or personal property costing less than Fifty Thousand Dollars ($50,000.00).&nbsp;</span></p> <p class="cls2"><span class="cls0">4.&nbsp;&nbsp;a.&nbsp;&nbsp;Unless otherwise provided by law, the maximum term of a state agency lease-purchase agreement shall be the lesser of the useful life of real or personal property subject to a lease-purchase agreement as determined by the State Purchasing Director, or three (3) years for personal property and ten (10) years for real property, respectively.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;The Council of Legislative Bond Oversight shall have the authority to extend the term of a lease-purchase agreement beyond three (3) years for personal property and ten (10) years for real property if the State Purchasing Director determines that the useful life of the property exceeds the terms and the Oklahoma State Bond Advisor recommends the extension as being in the best interests of this state.&nbsp;</span></p> <p><span class="cls0">5. Unless otherwise provided by law, state agency real property acquisitions subject to lease-purchase agreements shall be explicitly authorized by the Legislature. Acquisitions of real property authorized by the Legislature, unless otherwise exempted by the Legislature, shall be subject to the competitive bid provisions of The Oklahoma Central Purchasing Act. If a state agency is authorized to enter into a lease-purchase agreement for real property, the financing of the acquisition, including acquisitions deemed desirable for executing a lease-purchase, certificate of participation, or similar agreement or obligation, shall be obtained in accordance with the provisions of The Oklahoma Central Purchasing Act. The State Purchasing Director shall consult with the Oklahoma State Bond Advisor on the preparation, evaluation, and negotiation of such financing. Legislative authorization shall constitute legal authorization for this state or state agencies to enter into such lease-purchase agreements.&nbsp;</span></p> <p><span class="cls0">L. The State Purchasing Director may permit leasing of products by state agencies if such leasing is determined by the State Purchasing Director to be in the best interest of the state, provided that such leasing must be processed by competitive bids through the State Purchasing Director except as to those acquisitions exempt pursuant to Section 85.12 of this title.&nbsp;</span></p> <p><span class="cls0">M. 1. Before reoffering or remarketing an obligation, a state agency shall obtain written approval from the Oklahoma State Bond Advisor. Should a remarketing of a lease-purchase agreement be proposed that includes the remarketing of securities or obligations to more than a single investor, any disclosure language prepared in connection with such remarketing that describes the state's liability under the lease-purchase agreement shall be approved in advance and in writing by the Oklahoma State Bond Advisor.&nbsp;</span></p> <p><span class="cls0">2. In no event shall a state agency enter into a lease-purchase agreement unless that agreement states that the State of Oklahoma reserves the right to approve any reoffering of this obligation to another investor either through private placement, issuance of certificates of participation, or any other mechanism.&nbsp;</span></p> <p><span class="cls0">N. 1. Whenever it appears advantageous to the state or to any state agency to purchase or otherwise acquire any acquisition which may be offered for sale by the government of the United States of America or any agency thereof, the State Purchasing Director may execute a contract for the acquisition with the federal government or federal agency.&nbsp;</span></p> <p><span class="cls0">2. If the State Purchasing Director approves an acquisition from the federal government or agency and determines that the regulations of the federal government, or agency handling the disposition and sale require that partial or full payment be made at the time sale is effected and before the acquisition will be delivered, the State Purchasing Director, upon requisition by the requesting party, shall have a state warrant drawn against the funds of the acquiring state agency payable to the United States of America or its proper agency. The warrant shall be in such amount as may be necessary to meet the terms and conditions of sale without requiring a certificate showing that the acquisition has actually been delivered to the state agency in whose behalf the purchase is being negotiated.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 351, &sect; 4, eff. July 1, 1959. Amended by Laws 1972, c. 163, &sect; 1, emerg. eff. April 7, 1972; Laws 1980, c. 339, &sect; 5, emerg. eff. June 25, 1980; Laws 1983, c. 304, &sect; 106, eff. July 1, 1983; Laws 1984, c. 148, &sect; 1, emerg. eff. April 19, 1984; Laws 1986, c. 173, &sect; 2, emerg. eff. May 12, 1986; Laws 1987, c. 203, &sect; 97, operative July 1, 1987; Laws 1989, c. 300, &sect; 18, operative July 1, 1989; Laws 1993, c. 327, &sect; 13, eff. July 1, 1993; Laws 1997, c. 294, &sect; 28, eff. July 1, 1997; Laws 1998, c. 371, &sect; 3, eff. Nov. 1, 1998; Laws 1999, c. 321, &sect; 1, eff. July 1, 1999; Laws 2000, c. 6, &sect; 21, emerg. eff. March 20, 2000; Laws 2003, c. 342, &sect; 1; Laws 2012, c. 304, &sect; 736.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1999, c. 289, &sect; 4 repealed by Laws 2000, c. 6, &sect; 33, emerg. eff. March 20, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.5. Powers and duties of State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided in this section, pursuant to the provisions of Section 85.4 of this title, the State Purchasing Director, under the supervision of the Director of the Office of Management and Enterprise Services, shall have sole and exclusive authority and responsibility for all acquisitions used or consumed by state agencies. In order to carry out the powers and duties established in Section 34.11.1 of Title 62 of the Oklahoma Statutes, the Chief Information Officer shall have sole and exclusive authority and responsibility for all acquisitions of information and telecommunications technology, equipment, software, products and related peripherals and services used or consumed by state agencies.&nbsp;</span></p> <p><span class="cls0">B. The State Purchasing Director, after consultation with the requisitioning state agency, shall have authority to determine the particular brand, model, or other specific classification of each acquisition and to draft or invoke pursuant to The Oklahoma Central Purchasing Act specifications establishing the requirements for all necessary contracts or purchase orders.&nbsp;</span></p> <p><span class="cls0">C. The Director of the Office of Management and Enterprise Services shall have authority and responsibility to promulgate rules pursuant to provisions of The Oklahoma Central Purchasing Act governing, providing for, prescribing, or authorizing any act, practice, or requirement for which regulatory power is delegated for:&nbsp;</span></p> <p><span class="cls0">1. The time, manner, authentication, and form of making requisitions for acquisitions;&nbsp;</span></p> <p><span class="cls0">2. Inspection, analysis, and testing of acquisitions or samples suppliers submit prior to contract award;&nbsp;</span></p> <p><span class="cls0">3. The form and manner of submission for bids or proposals a supplier submits and the manner of accepting and opening bids or proposals;&nbsp;</span></p> <p><span class="cls0">4. The conditions under which the Office of Management and Enterprise Services shall require written contracts for acquisitions, the conditions under which acquisitions may be made on an open account basis, and the conditions and manner of negotiating such contracts;&nbsp;</span></p> <p><span class="cls0">5. Obtaining acquisitions produced by state institutions;&nbsp;</span></p> <p><span class="cls0">6. Conditions under which any of the rules herein authorized may be waived;&nbsp;</span></p> <p><span class="cls0">7. The amounts of and deposits on any bond or other surety required to be submitted with a bid or contract for the furnishing of acquisitions and the conditions under which such bond or other surety shall be required;&nbsp;</span></p> <p><span class="cls0">8. Storage and storage facilities necessary to accomplish responsibilities of the Director of the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">9. The manner and conditions of delivery, which shall include the designation of the common carrier of property to be used to transport acquisitions whenever a common carrier is used, and the acceptance, or rejection, including check of quantities, of any acquisitions;&nbsp;</span></p> <p><span class="cls0">10. The form of any estimate, order, or other document the Director of the Office of Management and Enterprise Services requires;&nbsp;</span></p> <p><span class="cls0">11. State agency acquisitions not exceeding the acquisition purchase amount requiring competitive bid pursuant to Section 85.7 of this title to ensure competitiveness, fairness, compliance with provisions of all sections of The Oklahoma Central Purchasing Act, and compliance with provisions of Section 3001 et seq. of this title, which relate to the State Use Committee. The rules shall include separate provisions based on acquisition purchase price as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;state agencies shall make acquisitions not exceeding Five Thousand Dollars ($5,000.00), provided the acquisition process is fair and reasonable and is conducted pursuant to rules authorized pursuant to this section, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;state agencies with certified procurement officers and internal purchasing procedures found compliant by the Director of the Office of Management and Enterprise Services pursuant to this section may make acquisitions in excess of Five Thousand Dollars ($5,000.00) and not exceeding One Hundred Thousand Dollars ($100,000.00), pursuant to rules authorized by this section;&nbsp;</span></p> <p><span class="cls0">12. Training by the State Purchasing Director of state agency procurement officers;&nbsp;</span></p> <p><span class="cls0">13. Review and audit by the State Purchasing Director of state agency acquisitions;&nbsp;</span></p> <p><span class="cls0">14. The conditions for increasing acquisition limits for state agencies which have had a prior reduction in acquisition limit by the Director of the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">15. Use of a state purchase card to make acquisitions;&nbsp;</span></p> <p><span class="cls0">16. Any other matter or practice which relates to the responsibilities of the Director of the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">17. Conditions for determination and authorization of acquisition limits of state agencies pursuant to Section 85.7 of this title; and&nbsp;</span></p> <p><span class="cls0">18. The form and manner of verification by suppliers that the supplier is eligible to do business in the State of Oklahoma and has obtained all necessary permits and licenses, pursuant to applicable provisions of law.&nbsp;</span></p> <p><span class="cls0">D. The State Purchasing Director shall provide training for state agency purchasing officials and other purchasing staff. The training shall include principles of state procurement practices, basic contracting, provisions of The Oklahoma Central Purchasing Act, rules promulgated pursuant to The Oklahoma Central Purchasing Act, provisions of Section 3001 et seq. of this title, which relate to the State Use Committee, and any other matters related to state procurement practices. State agency purchasing officials that demonstrate proficiency shall be certified as "certified procurement officers" by the State Purchasing Director and shall be authorized to make acquisitions pursuant to provisions of The Oklahoma Central Purchasing Act and rules authorized by this section. The State Purchasing Director shall assess a fee to state agencies for the training that does not exceed each state agency's pro rata share of the costs the State Purchasing Director incurs to provide the training.&nbsp;</span></p> <p><span class="cls0">E. The State Purchasing Director shall review state agency acquisitions for the purposes of:&nbsp;</span></p> <p><span class="cls0">1. Ensuring state agency compliance with provisions of The Oklahoma Central Purchasing Act;&nbsp;</span></p> <p><span class="cls0">2. Ensuring state agency compliance with rules promulgated by the Office of Management and Enterprise Services pursuant to The Oklahoma Central Purchasing Act;&nbsp;</span></p> <p><span class="cls0">3. Ensuring state agency compliance with provisions of Section 3001 et seq. of this title pertaining to the State Use Committee;&nbsp;</span></p> <p><span class="cls0">4. Reporting any acquisition by any state agency found not to be in compliance with those sections or rules to the Director of the Office of Management and Enterprise Services; and&nbsp;</span></p> <p><span class="cls0">5. Recommending that the Director of the Office of Management and Enterprise Services reduce the acquisition competitive bid limit amount for any state agency found not to be in compliance with The Oklahoma Central Purchasing Act or rules promulgated pursuant thereto.&nbsp;</span></p> <p><span class="cls0">F. When recommended by the State Purchasing Director, based on written findings by the State Purchasing Director, the Director of the Office of Management and Enterprise Services may:&nbsp;</span></p> <p><span class="cls0">1. Require retraining of state agency procurement officials and other purchasing staff found not to be in compliance with provisions of The Oklahoma Central Purchasing Act, or rules promulgated pursuant to The Oklahoma Central Purchasing Act;&nbsp;</span></p> <p><span class="cls0">2. Reduce the acquisition competitive bid limit for any state agency found not to be in compliance with provisions of The Oklahoma Central Purchasing Act or rules promulgated pursuant to The Oklahoma Central Purchasing Act;&nbsp;</span></p> <p><span class="cls0">3. Transmit written findings by the State Purchasing Director to the State Auditor and Inspector for further investigation, indicating purchasing procedures that do not conform to provisions pursuant to The Oklahoma Central Purchasing Act or rules promulgated pursuant to The Oklahoma Central Purchasing Act;&nbsp;</span></p> <p><span class="cls0">4. Transmit to the Attorney General or the State Auditor and Inspector for further investigation a report made by the State Purchasing Director that the Director of the Office of Management and Enterprise Services reasonably believes indicates that an action that constitutes a criminal violation pursuant to The Oklahoma Central Purchasing Act or other laws has been taken by any state agency, state agency official, bidder, or supplier; or&nbsp;</span></p> <p><span class="cls0">5. Increase the state agency acquisition purchase amount requiring competitive bid, not to exceed the acquisition purchase amount requiring competitive bid, pursuant to Section 85.7 of this title.&nbsp;</span></p> <p><span class="cls0">G. 1. Pursuant to the requirements of The Oklahoma Central Purchasing Act, the State Purchasing Director shall have authority to enter into any statewide, multistate or multigovernmental contract. The state entity designated by law, as specified in Section 1010.3 of Title 56 of the Oklahoma Statutes, shall participate in the purchase of pharmaceuticals available through such multistate or multigovernmental contracts entered into by the State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">2. The State Purchasing Director may utilize contracts awarded by other governmental agencies, including agencies of the United States of America.&nbsp;</span></p> <p><span class="cls0">3. The State Purchasing Director may designate contracts described in this subsection for use by state agencies.&nbsp;</span></p> <p><span class="cls0">4. Prior to exercising the authority to cancel a contract, the State Purchasing Director may authorize renegotiation of an existing contract with an incumbent supplier for the purposes of obtaining more favorable terms for the state provided the State Purchasing Director shall not renegotiate the term of the contract.&nbsp;</span></p> <p><span class="cls0">5. In order to carry out the powers and duties established in Section 34.11.1 of Title 62 of the Oklahoma Statutes, the Chief Information Officer shall have the authority to designate certain information technology and telecommunication contracts for state agencies as statewide contracts and mandatory statewide contracts.&nbsp;</span></p> <p><span class="cls0">H. The State Purchasing Director may develop and test new contracting policies and procedures that hold potential for making the Purchasing Division more effective and efficient.&nbsp;</span></p> <p><span class="cls0">I. The State Purchasing Director shall endeavor to satisfy state agencies in terms of cost, quality, and timeliness of the delivery of acquisitions by using bidders who have a record of successful past performance, promoting competition, minimizing administrative operating costs, and conducting business with integrity, fairness, and openness.&nbsp;</span></p> <p><span class="cls0">J. The State Purchasing Director shall undertake the following:&nbsp;</span></p> <p><span class="cls0">1. The use of electronic commerce pursuant to the Oklahoma Online Bidding Act for solicitation, notification, and other purchasing processes;&nbsp;</span></p> <p><span class="cls0">2. Monitoring rules promulgated pursuant to The Oklahoma Central Purchasing Act to ensure that the rules, satisfy the interests of the state, are clear and succinct, and encourage efficiency in purchasing processes;&nbsp;</span></p> <p><span class="cls0">3. A program to identify vendors with poor delivery and performance records;&nbsp;</span></p> <p><span class="cls0">4. Development of criteria for the use of sealed bid contracting procedures, negotiated contracting procedures, selection of types of contracts, postaward administration of purchase orders and contracts, contract modifications, termination of contracts, and contract pricing;&nbsp;</span></p> <p><span class="cls0">5. Continual improvement in the quality of the performance of the Purchasing Division through training programs, management seminars, development of benchmarks and key management indicators, and development of standard provisions, clauses and forms;&nbsp;</span></p> <p><span class="cls0">6. Development of electronic means of making state agencies aware of office furniture, equipment, machinery, tools, and hardware available for purchase from the surplus property programs;&nbsp;</span></p> <p><span class="cls0">7. Development of programs to improve customer relations through training, improved communications, and appointment of technical representatives;&nbsp;</span></p> <p><span class="cls0">8. In cooperation with the Office of Management and Enterprise Services and the State Treasurer, develop an electronic payment mechanism for use in the settlement of accounts payable invoices, with no limit, to make payment for products or services acquired in accordance with The Oklahoma Central Purchasing Act and any rules promulgated pursuant thereto; and&nbsp;</span></p> <p><span class="cls0">9. Implement a policy to approve the ability of the department, agencies, boards, commissions and trusts to accept the terms of service for usage of social media services and contract for technology products and services provided the terms of service or contract contains standard language including a liability agreement which is considered customary or largely similar to terms of service agreed to or contracts entered into by other government entities and private sector enterprises.&nbsp;</span></p> <p><span class="cls0">K. The State Purchasing Director shall, in cooperation with the Oklahoma Department of Agriculture, Food, and Forestry, identify the needs of state agencies and institutions for agricultural products grown and produced in Oklahoma.&nbsp;</span></p> <p><span class="cls0">L. The State Purchasing Director may authorize the use of a state purchase card for acquisitions within the following parameters:&nbsp;</span></p> <p><span class="cls0">1. No limit on the amount of the transaction for the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;purchases from statewide contracts issued by the State Purchasing Director,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;regulated utilities,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;interagency payments, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;professional services as defined in Section 803 of Title 18 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">2. For any other transaction with a state purchase card, the transaction shall not exceed Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">M. The State Purchasing Director may utilize and authorize state agencies to utilize reverse auctions to obtain acquisitions.&nbsp;</span></p> <p><span class="cls0">N. Prior to the award of a contract to a supplier, the State Purchasing Director shall verify, pursuant to applicable provisions of law, that the supplier is eligible to do business in the State of Oklahoma by confirming registration with the Secretary of State and franchise tax payment status pursuant to Sections 1203 and 1204 of Title 68 of the Oklahoma Statutes. The provisions of this subsection shall be applicable only if the contract amount is Twenty-five Thousand Dollars ($25,000.00) or greater.&nbsp;</span></p> <p><span class="cls0">O. As a condition of awarding a contract in excess of the dollar amount prescribed by subparagraph 11 of subsection C of this section pursuant to The Oklahoma Central Purchasing Act, the State Purchasing Director shall verify with the Oklahoma Tax Commission that the business entity to which the state contract is to be awarded, whether subject to the procedures required by Section 85.7 of this title or not, has obtained a sales tax permit pursuant to the provisions of Section 1364 of Title 68 of the Oklahoma Statutes if such entity is required to do so.&nbsp;</span></p> <p><span class="cls0">P. The State Purchasing Director is hereby authorized to explore and investigate cost savings in energy, resource usage, and maintenance contracts and to identify and negotiate contract solutions including, but not limited to, pilot projects to achieve cost savings for the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Q. The Office of Management and Enterprise Services, with input from the State Purchasing Director, shall promulgate payment procedure rules for state agencies to adhere to regarding statewide contracts issued by the State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">R. The Office of Management and Enterprise Services, Central Purchasing Division, shall promulgate payment procedure rules for agencies to adhere to regarding statewide contracts issued by the Division.&nbsp;</span></p> <p><span class="cls0">S. On an annual basis, the State Purchasing Director shall transmit to the Governor, Speaker of the House of Representatives and President Pro Tempore of the State Senate a report documenting the savings realized by each agency through the application of best spend practices including the collection and tracking of spend data, strategic sourcing programs, and implementation of managed and mandatory statewide contracts. The report shall document the reasons for the failure to issue a mandatory statewide contract for any items comprising total statewide spend in the amount of Five Million Dollars ($5,000,000.00) or greater.&nbsp;</span></p> <p><span class="cls0">T. The acquisition limitations provided for in subparagraph b of paragraph 11 of subsection C of this section and paragraph 1 of subsection A of Section 85.7 of this title shall not apply to agency purchases provided the agency has subject matter experts on staff having the specialized expertise to purchase said goods or services, the agency possesses the necessary legal and procurement staff to procure and monitor the contracts and provided the Director of the Office of Management and Enterprise Services shall certify that the proposed purchase does not conflict with consolidated statewide spend initiatives.&nbsp;</span></p> <p><span class="cls0">1. Nothing in this subsection shall give an agency authority to issue statewide, multistate, or multigovernmental contracts.&nbsp;</span></p> <p><span class="cls0">2. Agencies making purchases pursuant to this subsection shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;be responsible for contracts awarded pursuant to this subsection, which includes, but may not be limited to, contract management, all costs connected with or incurred as a result of the contract, including legal representation,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;comply with rules and policies of the Office of Management and Enterprise Services, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;report contracts issued pursuant to this subsection to the Office of Management and Enterprise Services, Central Purchasing Division, on a quarterly basis.&nbsp;</span></p> <p><span class="cls0">3. Purchases made in accordance with this subsection shall be made pursuant to rules authorized by this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 351, &sect; 5, eff. July 1, 1959. Amended by Laws 1983, c. 304, &sect; 107, eff. July 1, 1983; Laws 1984, c. 148, &sect; 2, emerg. eff. April 19, 1984; Laws 1995, c. 342, &sect; 7, emerg. eff. June 9, 1995; Laws 1996, c. 316, &sect; 2, eff. July 1, 1996; Laws 1998, c. 65, &sect; 2, emerg. eff. April 8, 1998; Laws 1998, c. 371, &sect; 4, eff. Nov. 1, 1998; Laws 1999, c. 289, &sect; 5, eff. July 1, 1999; Laws 2002, c. 483, &sect; 3, eff. July 1, 2002; Laws 2003, c. 170, &sect; 1, eff. Nov. 1, 2003; Laws 2003, c. 342, &sect; 2; Laws 2004, c. 5, &sect; 87, emerg. eff. March 1, 2004; Laws 2004, c. 511, &sect; 2, eff. Nov. 1, 2004; Laws 2005, c. 1, &sect; 126, emerg. eff. March 15, 2005; Laws 2008, c. 96, &sect; 3, eff. Nov. 1, 2008; Laws 2009, c. 322, &sect; 6; Laws 2010, c. 2, &sect; 96, eff. April 5, 2010; Laws 2010, c. 170, &sect; 1, emerg. eff. April 26, 2010; Laws 2011, c. 207, &sect; 1, eff. Nov. 1, 2011; Laws 2011, c. 302, &sect; 7; Laws 2012, c. 304, &sect; 737.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2003, c. 60, &sect; 7 repealed by Laws 2003, c. 342, &sect; 7. Laws 2003, c. 257, &sect; 1 repealed by Laws 2004, c. 5, &sect; 88, emerg. eff. March 1, 2004. Laws 2003, c. 376, &sect; 6 repealed by Laws 2004, c. 5, &sect; 89, emerg. eff. March 1, 2004. Laws 2004, c. 404, &sect; 1 repealed by Laws 2005, c. 1, &sect; 127, emerg. eff. March 15, 2005. Laws 2009, c. 451, &sect; 23 repealed by Laws 2010, c. 2, &sect; 97, eff. April 5, 2010.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2010, c. 2, &sect; 106, provides: &ldquo;The provisions of Sections 32 through 43 and Sections 96 and 97 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided in Section 34.11.1 of Title 62 of the Oklahoma Statutes.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.5a. State purchase card.&nbsp;</span></p> <p><span class="cls0">The State Purchasing Director may authorize personnel assigned to the Office of Global Business Services of the Department of Commerce, upon a finding by the Secretary of Commerce that such personnel have a legitimate need therefore, to utilize a state purchase card for acquisitions for programs, functions or services essential to the mission of the agency while traveling on Department of Commerce business in foreign locations with transaction limits not to exceed Thirty-five Thousand Dollars ($35,000.00). The purchase cardholders are required to sign a purchase card agreement prior to becoming a cardholder and to attend purchase card procedure training. The Department of Commerce will conduct quarterly internal auditing on all purchase card transactions associated with business and travel in foreign locations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 467, &sect; 26, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7485.6. Grade and quality of merchandise delivered.&nbsp;</span></p> <p><span class="cls0">State agencies shall have the right to question the grade and quality of any merchandise delivered to the agency. The Central Purchasing Division must determine, through postaward contract administration procedures, whether the supplies and services meet the grade and quality specified in the contract, and take remedial action with the appropriate vendor if the supply or service does not.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 352, &sect; 6, eff. July 1, 1959. Amended by Laws 1996, c. 316, &sect; 3, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.7. Competitive bid or proposal procedures.&nbsp;</span></p> <p><span class="cls0">A. 1. Except as otherwise provided by The Oklahoma Central Purchasing Act, no state agency shall make an acquisition for an amount exceeding Fifty Thousand Dollars ($50,000.00) or the limit determined by the State Purchasing Director pursuant to rules authorized by Section 85.5 of this title, not to exceed One Hundred Thousand Dollars ($100,000.00), without submission of a requisition to the State Purchasing Director and submission of suppliers' competitive bids or proposals to the State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">2. Any acquisition a state agency makes shall be made pursuant to The Oklahoma Central Purchasing Act and rules promulgated pursuant thereto.&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Split purchasing for the purpose of evading the requirement of competitive bidding shall be a felony.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;The State Purchasing Director may waive or increase the limit authorized for a state agency acquisition by not more than ten percent (10%) to perfect an otherwise valid acquisition inadvertently exceeding the limit due to administrative error by the state agency or unforeseeable circumstances. The state agency shall request a waiver upon the discovery of the error or circumstance to the State Purchasing Director on a form the Director requires.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;The State Purchasing Director shall report all requests for waivers or increases, stating the amount and whether the request was granted or denied, monthly to the Governor, President Pro Tempore of the Senate, and Speaker of the House of Representatives.&nbsp;</span></p> <p class="cls2"><span class="cls0">3. a.&nbsp;&nbsp;Contracts for master custodian banks or trust companies, investment managers, investment consultants, and actuaries for the state retirement systems, CompSource Oklahoma, Oklahoma Employees Insurance and Benefits Board, pension fund management consultants of the Oklahoma State Pension Commission and the Commissioners of the Land Office, and other professional services as defined in Section 803 of Title 18 of the Oklahoma Statutes shall be exempt from competitive bidding procedures of this section and requisition requirements of Section 85.4 of this title.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Contracts with financial institutions to act as depositories and managers of the Oklahoma College Savings Plan accounts shall be exempt from competitive bidding procedures.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;A state agency that makes an acquisition pursuant to this paragraph shall notify the State Purchasing Director within fifteen (15) days following completion of the acquisition. The Office of Management and Enterprise Services shall compile a list of the exempt contracts and send the list to a member of the Appropriations and Budget Committee of the House of Representatives or Appropriations Committee of the Senate, if the member requests.&nbsp;</span></p> <p><span class="cls0">4. Requisitions pursuant to this section shall not be required prior to emergency acquisitions by a state agency not exceeding One Hundred Thousand Dollars ($100,000.00). The state agency shall submit a requisition to the State Purchasing Director within five (5) days following the acquisition together with a statement of the emergency. The State Purchasing Director shall send the requisition and a written analysis to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives specifying the facts and circumstances giving rise to the emergency requisition.&nbsp;</span></p> <p><span class="cls0">5. Requisitions pursuant to this section for acquisitions to alleviate a serious environmental emergency shall not be required if, upon receiving a request from the Chair of the Corporation Commission and after having examined the facts and circumstances of the case, the Governor certifies in writing the existence of a serious environmental emergency. For the purposes of this section, "serious environmental emergency" means a situation within the jurisdiction of the Commission:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;in which serious damage to the environment will quickly occur if immediate action is not taken and the damage will be so significant that the urgent need for action outweighs the need for competitive bids, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a situation in which human life or safety is in imminent danger or significant property interests are threatened with imminent destruction.&nbsp;</span></p> <p><span class="cls0">6. Acquisitions for repairs of equipment in emergencies, of livestock through a market agency, dealer, commission house, or livestock auction market bonded or licensed under federal or state law, the purchase or collection of semen or embryos, and the placement of embryos into recipient livestock shall not require requisitions pursuant to this section or any other provisions of The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">7. The Board of Directors of the Oklahoma Historical Society shall select suppliers for the restoration of historical sites and museums and shall not be subject to the requisition requirements of this section or any other provision of The Oklahoma Central Purchasing Act. The Board may send a requisition to the State Purchasing Director and request supplier bid or proposal submission procedures, but supplier and bid selection will be the prerogative of the Board and will be based on contractors' documented qualifications and experience.&nbsp;</span></p> <p><span class="cls0">8. Purchases of postage by state agencies shall be made pursuant to Sections 90.1 through 90.4 of this title.&nbsp;</span></p> <p><span class="cls0">9. Sole source or sole brand acquisitions by a state agency or the State Purchasing Director shall comply with Section 85.45j of this title.&nbsp;</span></p> <p><span class="cls0">10. Acquisitions for the design, development, communication, or implementation of the state employees flexible benefits plan shall not be subject to the requirements of this section; provided, that the Flexible Benefits Advisory Council shall use procedures consistent with the competitive bid requirements of The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p class="cls2"><span class="cls0">11. a.&nbsp;&nbsp;Any acquisition of a service which the Office of Management and Enterprise Services has approved as qualifying for a fixed and uniform rate shall be made pursuant to provisions of this paragraph.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;The Office of Management and Enterprise Services shall establish criteria and guidelines for those services which may qualify for a fixed and uniform rate.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Fixed and uniform rate contracts authorized by this paragraph shall be limited to contracts for those services furnished to persons directly benefiting from such services and shall not be used by a state agency to employ consultants or to make other acquisitions.&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;Any state agency desiring to have a service qualified for a fixed and uniform rate shall make a request for service qualification to the Office of Management and Enterprise Services and submit documentation to support the request. The Office of Management and Enterprise Services shall approve or deny the request. If the Office of Management and Enterprise Services approves the request, the state agency shall establish a fixed and uniform rate for the service. No contracts shall be entered into by the state agency until the rate has been approved by the state agency in a public hearing. The proposed rate shall be clearly and separately identified in the agenda of the state agency for the hearing and shall be openly and separately discussed during such hearing. The state agency shall notify the Director of the Office of Management and Enterprise Services of its pending consideration of the proposed rate at least thirty (30) days before the state agency is to meet on the proposed rate. The state agency shall deliver to the Director of the Office of Management and Enterprise Services a copy of the agenda items concerning the proposed rate with supporting documentation. The Director of the Office of Management and Enterprise Services shall communicate any observation, reservation, criticism, or recommendation to the agency, either in person at the time of the hearing or in writing delivered to the state agency before or at the time of the hearing. The Director of the Office of Management and Enterprise Services shall specifically note in the written communications whether the Director of the Office of Management and Enterprise Services has determined the rate to be excessive. Any written communication presented in the absence of the Director of the Office of Management and Enterprise Services shall be presented orally during the public hearing. Whether made in person or in writing, any comment made by the Director of the Office of Management and Enterprise Services shall be made a part of the minutes of the hearing in full.&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;Within two (2) weeks after the convening of the Legislature, the administrative officer of the state agency shall furnish to the Speaker of the House of Representatives, the President Pro Tempore of the Senate and to any member of the House or Senate, if requested by the member, a complete list of all of the types of services paid for by uniform fixed rates, the amount of the rate last approved by the agency for the service, and the number of contracts then in existence for each type of service. Any rate which has been determined to be excessive by the Director of the Office of Management and Enterprise Services shall be specifically identified in the list by the state agency.&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;At any time, the Director of the Office of Management and Enterprise Services may review, suspend, or terminate a contract entered into pursuant to the provisions of this paragraph if the Director of the Office of Management and Enterprise Services determines the contract is not necessary, is excessive, or is not justified.&nbsp;</span></p> <p><span class="cls0">12. Specifically prescribed nonmedical adaptive technology-related acquisitions for individuals with disabilities who are clients of the State Department of Rehabilitation Services and which are prescribed by a physician, rehabilitation engineer, qualified rehabilitation technician, speech therapist, speech pathologist, occupational therapist, physical therapist, or qualified sensory aids specialist, and other client acquisitions, shall not be subject to the requisition requirements of this section. The Commission for Rehabilitation Services shall develop standards for the purchase of such acquisitions and may elect to utilize the Purchasing Division for an acquisition. The standards shall foster economy, provide a short response time, include appropriate safeguards, require written records, ensure appropriate competition for economical and efficient purchasing, and shall be approved by the State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">13. The Department of Human Services shall develop procedures for acquisitions of specifically prescribed nonmedical assistive technology-related items not exceeding the acquisition purchase amount requiring a requisition pursuant to this section for individuals under sixteen (16) years of age who are recipients of Supplemental Security Income which are prescribed by a physician, qualified sensory aids specialist or qualified special education instructor. The procedures shall reflect standards for the acquisition of such nonmedical assistive technology-related items, may provide for utilization of the Purchasing Division when appropriate, shall foster economy, provide a short response time, shall include appropriate safeguards and written records to ensure appropriate competition and economical and efficient purchasing, and shall be approved by the State Purchasing Director.&nbsp;</span></p> <p class="cls2"><span class="cls0">14. a.&nbsp;&nbsp;Structured settlement agreements entered into by the Attorney General's office in order to settle any lawsuit involving the state, the Legislature, any state agency or any employee or official of the state shall not be subject to the competitive bidding requirements of this section if:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;prior to entering into any contract for the services of an entity to administer a structured settlement agreement, the Attorney General receives proposals from at least three entities engaged in providing such services, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;the selection of a particular entity is made on the basis of the response to the request which is the most economical and provides the most competent service which furthers the best interests of the state.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;A list of any such structured settlement agreements entered into by the Attorney General with summary thereon for the previous calendar year shall be submitted to the Speaker of the House of Representatives and the President Pro Tempore of the Senate on January 31 of each year.&nbsp;</span></p> <p><span class="cls0">15. Acquisitions a state agency makes pursuant to a contract the State Purchasing Director enters into or awards and designates for use by state agencies shall be exempt from competitive bidding procedures.&nbsp;</span></p> <p><span class="cls0">16. The Commission on Marginally Producing Oil and Gas Wells shall be exempt from the competitive bid requirements of this section for contracts with local vendors for the purpose of holding special events and exhibitions throughout the state.&nbsp;</span></p> <p><span class="cls0">17. Agreements entered into by any state agency with the United States Army Corps of Engineers in order to provide emergency response or to protect the public health, safety, or welfare shall not require requisitions and shall not be subject to competitive bidding requirements of this section.&nbsp;</span></p> <p><span class="cls0">B. Acquisitions shall be awarded to the lowest and best, or best value, bidder at a specified time and place, which shall be open to the public.&nbsp;</span></p> <p><span class="cls0">C. Bids for professional service contracts for an amount requiring submission of requisitions to the State Purchasing Director shall be evaluated by the State Purchasing Director and the state agency contracting for such service. Both cost and technical expertise shall be considered in determining the lowest and best, or best value, bid. Further, the state agency shall present its evaluation and recommendation to the State Purchasing Director. A documented evaluation report containing the evaluations of the State Purchasing Director and the state agency contracting for such service shall be completed prior to the awarding of a professional service contract and such report shall be a matter of public record.&nbsp;</span></p> <p><span class="cls0">D. When requested by CompSource Oklahoma, the Oklahoma Employees Insurance and Benefits Board, or the governing board of a state retirement system authorized to hire investment managers, the Office of Management and Enterprise Services shall assist the requesting body in the process of selecting investment managers. When requested by the Flexible Benefits Advisory Council, the Office of Management and Enterprise Services shall assist the Council in the process of selecting contracts for the design, development, communication, or implementation of the state employees flexible benefits plan.&nbsp;</span></p> <p><span class="cls0">E. Except as otherwise specifically provided by law, the acquisition of food items or food products by a state agency from a public trust created pursuant to Sections 176 through 180.56 of Title 60 of the Oklahoma Statutes shall comply with competitive bidding procedures pursuant to the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 352, &sect; 7, eff. July 1, 1959. Amended by Laws 1963, c. 345, &sect; 1; Laws 1967, c. 109, &sect; 1, emerg. eff. April 25, 1967; Laws 1980, c. 261, &sect; 1, eff. Oct. 1, 1980; Laws 1983, c. 334, &sect; 8, emerg. eff. June 30, 1983; Laws 1985, c. 281, &sect; 4, emerg. eff. July 22, 1985; Laws 1986, c. 173, &sect; 4, emerg. eff. May 12, 1986; Laws 1988, c. 326, &sect; 39, emerg. eff. July 13, 1988; Laws 1989, c. 291, &sect; 3, eff. July 1, 1989; Laws 1989, c. 370, &sect; 14, operative July 1, 1989; Laws 1990, c. 337, &sect; 19; Laws 1991, c. 332, &sect; 10, eff. July 1, 1991; Laws 1992, c. 373, &sect; 19, eff. July 1, 1992; Laws 1993, c. 129, &sect; 1, eff. July 1, 1993; Laws 1994, c. 233, &sect; 2, eff. Sept. 1, 1994; Laws 1995, c. 1, &sect; 31, emerg. eff. March 2, 1995; Laws 1995, c. 253, &sect; 7, eff. Nov. 1, 1995; Laws 1996, c. 3, &sect; 19, emerg. eff. March 6, 1996; Laws 1996, c. 214, &sect; 3, emerg. eff. May 21, 1996; Laws 1996, c. 316, &sect; 4, eff. July 1, 1996; Laws 1997, c. 207, &sect; 3, eff. July 1, 1997; Laws 1997, c. 404, &sect; 5, eff. July 1, 1997; Laws 1998, c. 384, &sect; 1, emerg. eff. June 9, 1998; Laws 1999, c. 1, &sect; 31, emerg. eff. Feb. 24, 1999; Laws 1999, c. 289, &sect; 6, eff. July 1, 1999; Laws 2000, c. 6, &sect; 22, emerg. eff. March 20, 2000; Laws 2003, c. 342, &sect; 3; Laws 2004, c. 309, &sect; 2, eff. July 1, 2004; Laws 2008, c. 96, &sect; 4, eff. Nov. 1, 2008; Laws 2009, c. 322, &sect; 7; Laws 2012, c. 304, &sect; 738.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1988, c. 321, &sect; 41 repealed by Laws 1989, c. 291, &sect; 11, eff. July 1, 1989. Laws 1989, c. 318, &sect; 3 repealed by Laws 1990, c. 337, &sect; 26. Laws 1991, c. 197, &sect; 2 repealed by Laws 1992, c. 373, &sect; 22, eff. July 1, 1992. Laws 1994, c. 223, &sect; 1 repealed by Laws 1995, c. 1, &sect; 40, emerg. eff. March 2, 1995. Laws 1995, c. 212, &sect; 4 repealed by Laws 1996, c. 3, &sect; 25, emerg. eff. March 6, 1996. Laws 1996, c. 134, &sect; 1 repealed by Laws 1996, c. 288, &sect; 10, eff. July 1, 1996. Laws 1996, c. 288, &sect; 6 repealed by Laws 1997, c. 2, &sect; 26, emerg. eff. Feb. 26, 1997. Laws 1997, c. 2, &sect; 18 repealed by Laws 1997, c. 404, &sect; 7, eff. July 1, 1997. Laws 1998, c. 371, &sect; 5 repealed by Laws 1999, c. 1, &sect; 45, emerg. eff. Feb. 24, 1999. Laws 1999, c. 142, &sect; 3 repealed by Laws 2000, c. 6, &sect; 33, emerg. eff. March 20, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">74-85.7a. Open market or statewide contract for supplies, equipment or materials - Bidders to provide information as to manufacturer and country of origin of supplies, equipment and materials.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services may require each bidder for an open market contract or a statewide contract for supplies, equipment or materials to provide information as to the manufacturer and country of origin of any such supplies, equipment or materials as specified by labels attached to the supplies, equipment or materials where such identification is required by federal or state law. If an item has more than one component part or accessory which may have been manufactured in more than one country, the bidder may specify the countries of origin for only the major component parts or accessories as determined by the Office where such identification is required by federal or state law.&nbsp;</span></p> <p><span class="cls0">B. Any open market contract or statewide contract may require the contractor to obtain from all of his subcontractors information as to the manufacturer and country or countries of origin of any supplies, equipment or materials provided to the state where such identification is required by federal or state law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 205, &sect; 1, eff. July 1, 1992. Amended by Laws 2012, c. 304, &sect; 739.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.7c. High technology systems and upgrades and enhancements.&nbsp;</span></p> <p><span class="cls0">A. No state agency shall enter into a contract for the acquisition of a high technology system unless the vendors proposing to supply the acquisition:&nbsp;</span></p> <p><span class="cls0">1. Provide documentation of the projected schedule of recommended or required upgrades or improvements to the high technology system over a projected three-year period following the targeted purchase date; or&nbsp;</span></p> <p><span class="cls0">2. Provide documentation that no recommended or required upgrades or improvements to the high technology system are planned over a projected three-year period following the targeted purchase date.&nbsp;</span></p> <p><span class="cls0">For purposes of this subsection, vendors shall provide documentation required for all entities which will be utilized in satisfying any phase.&nbsp;</span></p> <p><span class="cls0">B. No state agency shall enter into a contract for the acquisition of an upgrade or enhancement to a high technology system unless:&nbsp;</span></p> <p><span class="cls0">1. The vendor agrees to provide the acquisition at no charge to the state;&nbsp;</span></p> <p><span class="cls0">2. The vendor previously agreed in a contract to provide the acquisition at no additional charge to the state;&nbsp;</span></p> <p><span class="cls0">3. The state agency obtains from the vendor proposing to supply the acquisition documentation that any required or recommended upgrade will enhance or is necessary for the performance of the state agency duties and responsibilities; or&nbsp;</span></p> <p><span class="cls0">4. The vendor provides documentation that the vendor will no longer supply assistance to the state agency for the purpose of maintenance of the high technology system and the state agency documents that the functions performed by the high technology system are necessary for the performance of the state agency duties and responsibilities.&nbsp;</span></p> <p><span class="cls0">C. The State Purchasing Director or the procurement officer of state agencies not subject to the Central Purchasing Act shall not process any state agency request for a high technology system acquisition unless the proposed vendor provides documentation that complies with subsections A or B of this section.&nbsp;</span></p> <p><span class="cls0">D. The State Purchasing Director shall provide such advice and assistance as may be required in order for state agencies to comply with the provisions of this section. For purposes of this section, "state agency" shall include all state agencies, whether subject to the Central Purchasing Act or not.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 371, &sect; 6, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.7d. Information technology access clause.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services shall promulgate rules prescribing an information technology access clause which shall require compliance with the accessibility to information technology standards of Section 508 of the Workforce Investment Act of 1998 and as developed pursuant to Section 34.28 of Title 62 of the Oklahoma Statutes. The clause shall be included in all contracts for the procurement of information technology by, or for the use of, state agencies, as defined in Section 34.29 of Title 62 of the Oklahoma Statutes, on or after January 1, 2005.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 128, &sect; 5, eff. July 1, 2004. Amended by Laws 2012, c. 304, &sect; 740.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.7e. Procurement &ndash; Wiki platform.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services or its successor agency shall utilize a wiki venue to provide for the public two-way communication between procurement officers and potential vendors who have questions regarding a request for proposal or invitation to bid. The Office shall provide editing access to all interested potential bidders and viewing access to all members of the public.&nbsp;</span></p> <p><span class="cls0">B. The Office of Management and Enterprise Services or its successor agency shall provide agency-level procurement officers with a wiki platform for reporting the availability of items for purchase at a cost which is less than comparable products on a mandatory statewide purchase contract. The Office shall provide wiki editing access to all state agency procurement officers and viewing access to all members of the public.&nbsp;</span></p> <p><span class="cls0">C. State agency procurement officers shall utilize the wiki described in subsection B of this section to report all findings of products which can be purchased for less than comparable products which are on a mandatory statewide purchasing schedule.&nbsp;</span></p> <p><span class="cls0">D. For the purposes of this section, the term "wiki" shall mean a collaborative website which can be directly edited by anyone with editing access and viewed by all members of the public.&nbsp;</span></p> <p><span class="cls0">E. Access to the wikis described in this section shall be featured prominently on the Office's website.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 292, &sect; 13. Amended by Laws 2012, c. 304, &sect; 741.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.7g. State Government Conferences Web-based Transparency pilot program.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the "State Government Conferences Web-based Transparency pilot program".&nbsp;</span></p> <p><span class="cls0">B. The Superintendent of Public Instruction of the State Department of Education is directed to publish on a website a listing of all expenses paid by the Department of Education for the payment of food, lodging, and other authorized expenses as may be necessary to host, conduct, sponsor, or participate in conferences, meetings, or training sessions.&nbsp;</span></p> <p><span class="cls0">C. The Superintendent of Public Instruction is authorized to directly enter into contracts and agreements for the payment of food, lodging, and other authorized expenses as may be necessary to host, conduct, sponsor, or participate in conferences, meetings, or training sessions. The Superintendent may establish accounts as necessary for the collection and distribution of funds, including funds of sponsors and registration fees, related to such conferences, meetings, and training sessions. Any expenses incurred may be paid directly to the contracting agency or business establishment.&nbsp;</span></p> <p><span class="cls0">D. The cost of food for persons attending any conferences, meetings, and training sessions that do not require overnight travel shall not exceed the total daily rate as provided in the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">E. The Superintendent of Public Instruction shall allow for reimbursements and deposits occurring under the provisions of this act to take place through commonly accepted e-commerce practices.&nbsp;</span></p> <p><span class="cls0">F. On a regular basis the Superintendent of Public Instruction shall publish a report stating savings realized as a result of the State Government Conferences Web-based Transparency pilot program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 347, &sect; 7.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.7h. Software acquisition requests.&nbsp;</span></p> <p><span class="cls0">A. For the purposes of this section, &ldquo;open source software&rdquo; means software that guarantees the user of the software use of the software for any purpose, allows unrestricted access to the respective source code, enables the use of the internal mechanisms and arbitrary portions of the software with the ability to adapt them to the needs of the user, provides the freedom to make and distribute copies of the software, and guarantees the right to modify the software with the freedom to distribute modifications of the new resulting software under the same license as the original software. &ldquo;Open standards&rdquo; means specifications for the encoding and transfer of computer data that is free for all to implement and use in perpetuity, with no royalty or fee, has restrictions on the use of data stored in the format, has no restrictions on the creation of software that stores, transmits, receives, or accesses data codified in such way, has a specification available for all to read, in a human-readable format, written in commonly accepted technical language, is documented, so that anyone can write software that can read and interpret the complete semantics of any data file stored in the data format, allows any file written in that format to be identified as adhering or not adhering to the format, and provides that any encryption or obfuscation algorithms are usable in a royalty-free, nondiscriminatory manner in perpetuity, and are documented so that anyone in possession of the appropriate encryption key or keys or other data necessary to recover the original data is able to write software to access the data. &ldquo;Proprietary software&rdquo; means software that does not fulfill all of the guarantees provided by open source software.&nbsp;</span></p> <p><span class="cls0">B. Prior to approving software acquisition requests, the Chief Information Officer shall require that the purchasing entity has considered whether proprietary or open source software offers the most cost-effective software solution for the agency, based on consideration of all associated acquisition, support, maintenance, and training costs. &nbsp;</span></p> <p><span class="cls0">C. Whenever possible the Chief Information Officer shall avoid approving requests for the acquisition of products that do not comply with open standards for interoperability or data storage.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 106, &sect; 6.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.7i. State technology contracts.&nbsp;</span></p> <p><span class="cls0">Notwithstanding any other section of law, the Chief Information Officer may allow a public agency to utilize state technology contracts duly awarded by this state under The Oklahoma Central Purchasing Act. For the purposes of this section the term &ldquo;public agency&rdquo; means a government agency recognized as a state or local government agency in its state of origin.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 106, &sect; 7.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.8. Testing.&nbsp;</span></p> <p><span class="cls0">The State Purchasing Director, on approval by the Director of the Office of Management and Enterprise Services, is hereby authorized to make use of any state laboratories for the tests and analyses authorized in Section 85.5 of this title wherever practicable and to use private laboratories or the laboratories of another government agency if it is impracticable to use state laboratories; and he is further authorized to cooperate in test and analysis programs or agreements with other states or the United States government, and to accept federal funds and funds donated by private endowments or foundations for the purpose of participation in such testing programs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 353, &sect; 8, eff. July 1, 1959. Amended by Laws 1983, c. 304, &sect; 108, eff. July 1, 1983; Laws 2012, c. 304, &sect; 742.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.9. Renumbered as &sect; 62.4 of this title by Laws 1995, c. 342, &sect; 9, emerg. eff. June 9, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.9A. Renumbered as &sect; 62.5 of this title by Laws 1995, c. 342, &sect; 9, emerg. eff. June 9, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.9B. Purchase of supplies and equipment from surplus property program.&nbsp;</span></p> <p><span class="cls0">Each chief administrative officer of any state agency is encouraged to make needed purchases of office furniture or equipment, of other equipment or machinery, and of tools and hardware from the surplus property program operated by the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 173, &sect; 11, emerg. eff. May 12, 1986. Amended by Laws 2012, c. 304, &sect; 743.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.9C. Renumbered as &sect; 62.7 of this title by Laws 1999, c. 289, &sect; 16, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.9D. Contracts for computer software and hardware maintenance - Coordination through Purchasing Division.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided in subsection B of this section, agencies within the executive branch shall coordinate acquisition of computer software maintenance and hardware maintenance contracts through the Purchasing Division of the Office of Management and Enterprise Services. The Purchasing Division may establish consolidation contracts and enterprise agreements for state agencies. The State Purchasing Director may negotiate consolidation contracts, enterprise agreements and high technology system contracts in lieu of or in conjunction with bidding procedures to reduce acquisition cost.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall not apply to the Northeast Oklahoma Public Facilities Authority.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 291, &sect; 1, emerg. eff. May 25, 1995. Amended by Laws 1996, c. 214, &sect; 4, emerg. eff. May 21, 1996; Laws 1998, c. 203, &sect; 5, emerg. eff. May 11, 1998; Laws 1999, c. 289, &sect; 7, eff. July 1, 1999; Laws 2000, c. 333, &sect; 2, emerg. eff. June 5, 2000; Laws 2012, c. 304, &sect; 744.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.9E. OneNet - Statewide contract - GSA schedule or contract purchases - Negotiation for education or government discounts.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services shall recognize as a statewide contract an unencumbered contract consummated in behalf of the telecommunications network known as OneNet by the Oklahoma State Regents for Higher Education or any other state entity assigned responsibility for OneNet; provided, said recognition shall require recommendation by the Information Services Division of the Office of Management and Enterprise Services. The Office of Management and Enterprise Services shall not subject purchases pursuant to said contracts to any quantity limit.&nbsp;</span></p> <p><span class="cls0">B. For purchases that require review of the purchase requisition by the Information Services Division of the Office of Management and Enterprise Services and that are not available on a statewide contract but are available from a General Services Administration (GSA) schedule or contract, or are available from a GSA schedule or contract at a lesser price than from a state contract, state agencies may, with the approval of the Information Services Division, purchase from the vendor or vendors on the GSA schedule or contract.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma State Regents for Higher Education and any other state entity assigned responsibility for OneNet are authorized to negotiate for education or government discounts from published price listings and to make contracts at such prices subject to adjustment for price increases nationally published.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 214, &sect; 1, emerg. eff. May 21, 1996. Amended by Laws 2012, c. 304, &sect; 745.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.9F. Renumbered as &sect; 62.8 of this title by Laws 1999, c. 289, &sect; 17, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.9G. Behavioral services contract providers - Rules establishing qualifications.&nbsp;</span></p> <p><span class="cls0">The governing bodies of the state agencies contracting for behavioral services shall each promulgate rules establishing the qualifications for those employees of the contract providers when such agency delivers behavioral health care services pursuant to a contract or subcontract with the state agencies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 153, &sect; 1, emerg. eff. April 27, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.10. Records open for public inspection.&nbsp;</span></p> <p><span class="cls0">Except as otherwise provided by law, records of the State Purchasing Director pertaining to any acquisition, contract, transfer, negotiations, order, or rejection shall be open during regular office hours of the Purchasing Division to any person subject to reasonable limitations to prevent the removal of records from the Purchasing Division and to allow records to be kept current and in good order; and the acquisition records of state agencies shall be open to public inspection under the same conditions. If the State Purchasing Director requires bidders to submit bidders' financial or proprietary information with a bid, proposal, or quotation, the State Purchasing Director may designate the information confidential and reject all requests to disclose the information so designated.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 353, &sect; 10. Amended by Laws 2000, c. 333, &sect; 3, emerg. eff. June 5, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.11. Publication of rules, regulations and specifications.&nbsp;</span></p> <p><span class="cls0">The Purchasing Director shall publish such rules and regulations authorized hereunder as may be practicable at least once each year and is authorized to publish such specifications relating to materials, supplies, equipment and services to be acquired for the state as may best promote competition and apprise potential suppliers of the type of product desired.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 353, &sect; 11, eff. July 1, 1959.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.12. Act not to affect nonconflicting procedures - Acquisitions excluded.&nbsp;</span></p> <p><span class="cls0">A. The provisions of this section shall not be construed to affect any law relating to fiscal or accounting procedure except as they may be directly in conflict herewith; and all claims, warrants, and bonds shall be examined, inspected, and approved as now provided by law.&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise provided by this section, the acquisitions specified in this subsection shall be made in compliance with Section 85.39 of this title but are not subject to other provisions of The Oklahoma Central Purchasing Act:&nbsp;</span></p> <p><span class="cls0">1. Food and other products produced by state institutions and agencies;&nbsp;</span></p> <p><span class="cls0">2. The printing or duplication of publications or forms of whatsoever kind or character by state agencies if the work is performed upon their own equipment by their own employees. Pursuant to this paragraph, the state agency may only use equipment owned or leased by the agency and may only utilize that equipment for printing services required by the agency in performing duties imposed upon the agency or functions authorized to be performed by the agency. Any use of the equipment by the agency pursuant to an agreement or contract with any other entity resulting in delivery of intermediate or finished products to the entity purchasing or using the products shall be subject to the provisions of The Oklahoma Central Purchasing Act;&nbsp;</span></p> <p><span class="cls0">3. Department of Transportation and Transportation Commission contractual services or right-of-way purchases; contracts awarded pursuant to bids let by the Transportation Commission for the maintenance or construction of streets, roads, highways, bridges, underpasses, or any other transportation facilities under the control of the Department of Transportation, the acquisitions of equipment or materials accruing to the Department of Transportation required in Federal-Aid contracts; and contracts for public service type announcements initiated by the Department of Transportation;&nbsp;</span></p> <p><span class="cls0">but not contractual services for advertising or public relations or employment services;&nbsp;</span></p> <p><span class="cls0">4. Utility services where rates therefor are regulated by a state or federal regulatory commission, or by municipal ordinance, or by an Indian Tribal Council for use by the Department of Corrections only;&nbsp;</span></p> <p><span class="cls0">5. Acquisitions by the University Hospitals Authority. The Authority shall develop standards for the acquisition of products and services and may elect to utilize the Purchasing Division. The standards shall foster economy and short response time and shall include appropriate safeguards and record-keeping requirements to ensure appropriate competition and economical and efficient purchasing;&nbsp;</span></p> <p><span class="cls0">6. Contracts for custom harvesting by the Department of Corrections for the Department or its institutions;&nbsp;</span></p> <p><span class="cls0">7. Contracts with private prison contractors which are subject to the contracting procedures of Section 561 of Title 57 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">8. Acquisitions by the Oklahoma Municipal Power Authority;&nbsp;</span></p> <p><span class="cls0">9. Acquisitions by the Grand River Dam Authority;&nbsp;</span></p> <p><span class="cls0">10. Acquisitions by rural water, sewer, gas, or solid waste management districts created pursuant to the Rural Water, Sewer, Gas and Solid Waste Management Districts Act;&nbsp;</span></p> <p><span class="cls0">11. Acquisitions by the Oklahoma Ordnance Works Authority, the Northeast Oklahoma Public Facilities Authority, or the Midwestern Oklahoma Development Authority;&nbsp;</span></p> <p><span class="cls0">12. Contracts entered into by the Oklahoma Industrial Finance Authority for the services of an appraiser or for acquisition of insurance when the Authority's Board of Directors determines that an emergency exists, and contracts for the services of legal counsel when approved by the Attorney General;&nbsp;</span></p> <p><span class="cls0">13. Expenditure of monies appropriated to the State Board of Education for Local and State Supported Financial Support of Public Schools, except monies allocated therefrom for the Administrative and Support Functions of the State Department of Education;&nbsp;</span></p> <p><span class="cls0">14. Expenditure of monies appropriated to the State Department of Rehabilitation Services for educational programs or educational materials for the Oklahoma School for the Blind and the Oklahoma School for the Deaf;&nbsp;</span></p> <p><span class="cls0">15. Contracts entered into by the Oklahoma Department of Career and Technology Education for the development, revision, or updating of vocational curriculum materials, and contracts entered into by the Oklahoma Department of Career and Technology Education for training and supportive services that address the needs of new or expanding industries;&nbsp;</span></p> <p><span class="cls0">16. Contracts entered into by the Oklahoma Center for the Advancement of Science and Technology for professional services;&nbsp;</span></p> <p><span class="cls0">17. Contracts entered into by the Oklahoma Department of Commerce pursuant to the provisions of Section 5066.4 of this title;&nbsp;</span></p> <p><span class="cls0">18. Acquisitions made by the Oklahoma Historical Society from monies used to administer the White Hair Memorial;&nbsp;</span></p> <p><span class="cls0">19. Acquisitions available to an agency through a General Services Administration (GSA) contract or other federal contract if the acquisition is on current statewide contract and the terms of the GSA or other federal contract, as determined by the State Purchasing Director, are more favorable to the agency than the terms of a statewide contract for the same products;&nbsp;</span></p> <p><span class="cls0">20. Purchases of pharmaceuticals available through a multistate or multigovernmental contract if such pharmaceuticals are or have been on state contract within the last fiscal year, and the terms of such contract are more favorable to the state or agency than the terms of a state contract for the same products, as determined by the State Purchasing Director. The state entity designated by law, as specified in Section 1010.3 of Title 56 of the Oklahoma Statutes, shall participate in the purchase of pharmaceuticals available through such contracts;&nbsp;</span></p> <p><span class="cls0">21. Contracts for managed health care services entered into by the state entity designated by law or the Department of Human Services, as specified in paragraph 1 of subsection A of Section 1010.3 of Title 56 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">22. Acquisitions by the Forestry Service of the Oklahoma Department of Agriculture, Food, and Forestry as authorized by the federal General Services Administration through a General Services Administration contract or other federal contract if the acquisitions are not on current statewide contract or the terms of the federal contract are more favorable to the agency than the terms of a statewide contract for the same products;&nbsp;</span></p> <p><span class="cls0">23. Acquisitions of clothing for clients of the Department of Human Services and acquisitions of food for group homes operated by the Department of Human Services;&nbsp;</span></p> <p><span class="cls0">24. Acquisitions by the Oklahoma Energy Resources Board;&nbsp;</span></p> <p><span class="cls0">25. Acquisitions of clothing for juveniles in the custody of the Office of Juvenile Affairs and acquisitions of food for group homes operated by the Office of Juvenile Affairs;&nbsp;</span></p> <p><span class="cls0">26. State contracts for flexible benefits plans pursuant to the Oklahoma State Employees Benefits Act, Section 1361 et seq. of this title;&nbsp;</span></p> <p><span class="cls0">27. Acquisitions by the Department of Securities to investigate, initiate, or pursue administrative, civil, or criminal proceedings involving potential violations of the acts under the Department's jurisdiction;&nbsp;</span></p> <p><span class="cls0">28. Acquisitions by the Native America Cultural and Educational Authority and acquisitions by the Oklahoma Department of Commerce to assist the Native American Cultural and Educational Authority pursuant to Section 5017 of this title;&nbsp;</span></p> <p><span class="cls0">29. Acquisitions for resale in and through canteens operated pursuant to Section 537 of Title 57 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">30. Acquisitions by the Oklahoma Boll Weevil Eradication Organization for employment and personnel services, and for acquiring sprayers, blowers, traps, and attractants related to the eradication of boll weevils in this state or as part of a national or regional boll weevil eradication program;&nbsp;</span></p> <p><span class="cls0">31. Contracts entered into by the Oklahoma Indigent Defense System for expert services pursuant to the provisions of subsection D of Section 1355.4 of Title 22 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">32. Acquisitions by the Oklahoma Correctional Industries and the Agri-Services programs of the Department of Corrections of raw materials, component parts and other products, any equipment excluding vehicles, and any services excluding computer consultant services used to produce goods or services for resale and for the production of agricultural products; &nbsp;</span></p> <p><span class="cls0">33. Contracts entered into by the Department of Human Services for provision of supported living services to members of the plaintiff class in Homeward Bound, Inc., et. al., v. The Hissom Memorial Center, et. al., Case Number 85-C-437-E, United States District Court for the Northern District of Oklahoma; &nbsp;</span></p> <p><span class="cls0">34. Contracts negotiated by the Office of Juvenile Affairs with designated Youth Services Agencies and the Oklahoma Association of Youth Services, or another Oklahoma nonprofit corporation whose membership consists solely of Youth Services Agencies and of whom at least a majority of Youth Services Agencies are members, pursuant to the provisions of Section 2-7-306 of Title 10A of the Oklahoma Statutes; &nbsp;</span></p> <p><span class="cls0">35. Contracts not to exceed One Hundred Thousand Dollars ($100,000.00) entered into by the Department of Environmental Quality for engineering services to assist qualifying small municipalities or rural water or sewer districts with engineering reports or plans and specifications needed for construction or repairs to achieve compliance with federal and state public water supply or wastewater laws and regulations; and&nbsp;</span></p> <p><span class="cls0">36. Contracts for annuities for structured settlements provided for in Section 158 of Title 51 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. Pursuant to the terms of a contract the State Purchasing Director enters into or awards, a state agency, common school, municipality, rural fire protection district, county officer, or any program contract, purchase, acquisition or expenditure that is not subject to the provisions of The Oklahoma Central Purchasing Act, may, unless acting pursuant to a contract with the state that specifies otherwise, make use of statewide contracts and the services of the Purchasing Division and the State Purchasing Director. Any political subdivision or rural fire protection district may designate the State Purchasing Director as its agent for any acquisition from a statewide contract or otherwise available to the state.&nbsp;</span></p> <p><span class="cls0">D. The State Purchasing Director shall make periodic audits of the purchasing procedures of the Oklahoma Ordnance Works Authority, the Northeast Oklahoma Public Facilities Authority, the University Hospitals Authority, and the Midwestern Oklahoma Development Authority to ensure that the procedures are being followed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 353, &sect; 12, eff. July 1, 1959. Amended by Laws 1963, c. 22, &sect; 1; Laws 1968, c. 188, &sect; 1, emerg. eff. April 15, 1968; Laws 1969, c. 205, &sect; 1, emerg. eff. April 18, 1969; Laws 1970, c. 58, &sect; 1, emerg. eff. March 16, 1970; Laws 1974, c. 295, &sect; 1, emerg. eff. May 29, 1974; Laws 1976, c. 114, &sect; 1, emerg. eff. May 14, 1976; Laws 1977, 1st Ex. Sess., c. 5, &sect; 24, emerg. eff. June 21, 1977; Laws 1980, c. 199, &sect; 1, emerg. eff. May 12, 1980; Laws 1980, c. 345, &sect; 17, emerg. eff. June 25, 1980; Laws 1981, c. 218, &sect; 25, emerg. eff. June 2, 1981; Laws 1983, c. 334, &sect; 9, emerg. eff. June 30, 1983; Laws 1985, p. 1682, H.J.R. No. 1039, &sect; 3, eff. Nov. 1, 1985; Laws 1986, c. 247, &sect; 15, operative July 1, 1986; Laws 1986, c. 259, &sect; 23, operative July 1, 1986; Laws 1987, c. 205, &sect; 29, operative July 1, 1987; Laws 1987, c. 236, &sect; 51, emerg. eff. July 20, 1987; Laws 1988, c. 326, &sect; 40, emerg. eff. July 13, 1988; Laws 1989, c. 378, &sect; 1, emerg. eff. June 7, 1989; Laws 1990, c. 337, &sect; 20; Laws 1991, c. 70, &sect; 1, emerg. eff. April 15, 1991; Laws 1991, c. 341, &sect; 4, eff. July 1, 1991; Laws 1991, c. 335, &sect; 30, emerg. eff. June 15, 1991; Laws 1992, c. 44, &sect; 3, emerg. eff. April 3, 1992; Laws 1992, c. 246, &sect; 1, emerg. eff. May 21, 1992; Laws 1993, c. 129, &sect; 2, eff. July 1, 1993; Laws 1993, c. 336, &sect; 8, eff. July 1, 1993; Laws 1994, c. 2, &sect; 28, emerg. eff. March 2, 1994; Laws 1996, c. 214, &sect; 5, emerg. eff. May 21, 1996; Laws 1996, c. 316, &sect; 5, eff. July 1, 1996; Laws 1997, c. 2, &sect; 19, emerg. eff. Feb. 26, 1997; Laws 1997, c. 257, &sect; 1, eff. Nov. 1, 1997; Laws 1998, c. 5, &sect; 26, emerg. eff. March 4, 1998; Laws 1998, c. 203, &sect; 6, emerg. eff. May 11, 1998; Laws 1998, c. 371, &sect; 7, eff. Nov. 1, 1998; Laws 1999, c. 1, &sect; 32, emerg. eff. Feb. 24, 1999; Laws 1999, c. 289, &sect; 8, eff. July 1, 1999; Laws 2000, c. 6, &sect; 23, emerg. eff. March 20, 2000; Laws 2001, c. 33, &sect; 169, eff. July 1, 2001; Laws 2003, c. 342, &sect; 4; Laws 2004, c. 5, &sect; 90, emerg. eff. March 1, 2004; Laws 2005, c. 156, &sect; 1, eff. July 1, 2005; Laws 2006, c. 320, &sect; 17, emerg. eff. June 9, 2006; Laws 2007, c. 1, &sect; 77, emerg. eff. Feb. 22, 2007; Laws 2009, c. 273, &sect; 3; Laws 2010, c. 2, &sect; 98, emerg. eff. March 3, 2010; Laws 2010, c. 370, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1981, c. 204, &sect; 3 repealed by Laws 1983, c. 334, &sect; 15, emerg. eff. June 30, 1983. Laws 1986, c. 245, &sect; 7 repealed by Laws 1987, c. 80, &sect; 13, operative July 1, 1987. Laws 1987, c. 222, &sect; 118 repealed by Laws 1987, c. 236, &sect; 203, emerg. eff. July 20, 1987. Laws 1987, c. 208, &sect; 9 repealed by Laws 1988, c. 81, &sect; 2, emerg. eff. March 25, 1988. Laws 1988, c. 81, &sect; 1 and Laws 1988, c. 273, &sect; 3 repealed by Laws 1989, c. 353, &sect; 14, emerg. eff. June 3, 1989 and by Laws 1989, c. 378, &sect; 2, emerg. eff. June 7, 1989. Laws 1989, c. 353, &sect; 7 repealed by Laws 1990, c. 337, &sect; 26. Laws 1989, c. 369, &sect; 10 repealed by Laws 1990, c. 337, &sect; 26. Laws 1990, c. 315, &sect; 8 repealed by Laws 1991, c. 70, &sect; 2, emerg. eff. April 15, 1991. Laws 1991, c. 130, &sect; 1 repealed by Laws 1991, c. 335, &sect; 37, emerg. eff. June 15, 1991. Laws 1992, c. 37, &sect; 1 repealed by Laws 1992, c. 246, &sect; 9, emerg. eff. May 21, 1992. Laws 1993, c. 330, &sect; 28 repealed by Laws 1994, c. 2, &sect; 34, emerg. eff. March 2, 1994. Laws 1996, c. 84, &sect; 2 repealed by Laws 1996, c. 288, &sect; 11, emerg. eff. June 5, 1996. Laws 1996, c. 247, &sect; 46 and Laws 1996, c. 288, &sect; 7 repealed by Laws 1997, c. 2, &sect; 26, emerg. eff. Feb. 26, 1997. Laws 1997, c. 169, &sect; 1 repealed by Laws 1998, c. 5, &sect; 29, emerg. eff. March 4, 1998. Laws 1998, c. 253, &sect; 3 repealed by Laws 1999, c. 1, &sect; 45, emerg. eff. Feb. 24, 1999. Laws 1999, c. 197, &sect; 3 repealed by Laws 2000, c. 6, &sect; 33, emerg. eff. March 20, 2000. Laws 2003, c. 257, &sect; 2 repealed by Laws 2004, c. 5, &sect; 91, emerg. eff. March 1, 2004. Laws 2006, c. 80, &sect; 1 repealed by Laws 2007, c. 1, &sect; 78, emerg. eff. Feb. 22, 2007. Laws 2009, c. 234, &sect; 160 repealed by Laws 2010, c. 2, &sect; 99, emerg. eff. March 3, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.12a. Requisitions for insurance.&nbsp;</span></p> <p><span class="cls0">Any state agency that purchases insurance through the Office of Management and Enterprise Services shall submit a requisition form to acquire or maintain insurance to the Purchasing Division not less than forty-five (45) days prior to the expiration date of the existing insurance policy held by the agency. The time requirement for the submission of a requisition form, as provided for in this section, shall not apply to any state agency that:&nbsp;</span></p> <p><span class="cls0">1. Has no existing insurance policy covering the property sought to be insured; or&nbsp;</span></p> <p><span class="cls0">2. Must acquire insurance expediently due to some exigent circumstance as determined by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 35, &sect; 1, eff. Nov. 1, 1984. Amended by Laws 2012, c. 304, &sect; 746.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.12b. Leasing, chartering or contracting for aircraft.&nbsp;</span></p> <p><span class="cls0">All agencies or departments of this state shall lease, charter or contract for the use of any aircraft pursuant to the provisions of The Oklahoma Central Purchasing Act, except aircraft owned and operated by another agency or department of this state. The Office of Management and Enterprise Services shall develop and implement guidelines for the use of such aircraft.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 271, &sect; 2, eff. Nov. 1, 1985. Amended by Laws 2012, c. 304, &sect; 747.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.12c. Department of Human Services - Local fund-raising activities - Purchases made from funds.&nbsp;</span></p> <p><span class="cls0">A. Purchases made from funds received by local offices administered by the Department of Human Services for fund-raising activities and donations for the benefit of clients and potential clients at the local offices where such purchases may not otherwise be paid for from appropriated funds, shall not be subject to requirements of the Oklahoma Central Purchasing Act. Monies received by such fund-raising activities or donations shall be maintained in an Agency Special Account, and expenditure control shall reside at the local offices. Monies received by such fund-raising activities or donations from the local office, vending operations administered by employees of the Department of Human Services, and all other nonrestricted cash and cash-equivalent items received by employees of the Department of Human Services shall be deposited in the Agency Special Account established for this purpose. Such deposits shall be made at local banking institutions approved by the State Treasurer.&nbsp;</span></p> <p><span class="cls0">B. Purchases made from funds received by local offices administered by the Office of Juvenile Affairs for fund-raising activities and donations for the benefit of clients and potential clients at the local offices where such purchases may not otherwise be paid for from appropriated funds shall not be subject to requirements of the Oklahoma Central Purchasing Act. Monies received by such fund-raising activities or donations shall be maintained in an agency special account, and expenditure control shall reside at the local offices. Monies received by such fund-raising activities or donations from the local office, vending operations administered by employees of the Office of Juvenile Affairs, and all other nonrestricted cash and cash-equivalent items received by employees of the Office of Juvenile Affairs shall be deposited in the agency special account established for this purpose. The deposits shall be made at local banking institutions approved by the State Treasurer.&nbsp;</span></p> <p><span class="cls0">C. Merchandise for resale purchased and sold through a canteen established at an institution or facility operated by the Office of Juvenile Affairs shall be exempt from the requirements of the Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 280, &sect; 1, eff. July 1, 1994. Amended by Laws 1996, c. 247, &sect; 47, eff. July 1, 1996; Laws 1998, c. 268, &sect; 17, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.13. Accepting or giving of gratuities prohibited - Penalty.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for the State Purchasing Director or any buyer or any officer of the Office of Management and Enterprise Services, or any member of their immediate family, under The Oklahoma Central Purchasing Act to accept any gift, donation, or gratuity for himself or any member of his immediate family from any seller or prospective seller of any property covered by The Oklahoma Central Purchasing Act; and it shall further be unlawful for any seller or any prospective seller to give or donate anything of value to the State Purchasing Director or any buyer or officer of the Office of Management and Enterprise Services or any buyer under The Oklahoma Central Purchasing Act or any member of the immediate family of the State Purchasing Director or buyer or officer of the Office of Management and Enterprise Services. This provision shall not apply to exceptions to the definition of "anything of value" in the Rules of the Ethics Commission promulgated pursuant to Article XXIX of the Oklahoma Constitution.&nbsp;</span></p> <p><span class="cls0">The violation of any provision of this section shall constitute a misdemeanor and in the event the State Purchasing Director or any buyer or any officer of the Office of Management and Enterprise Services is convicted for the violation of this section he shall forfeit his position immediately in addition to the penalty provided in this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 354, &sect; 13, eff. July 1, 1959. Amended by Laws 1983, c. 304, &sect; 109, eff. July 1, 1983; Laws 2008, c. 96, &sect; 5, eff. Nov. 1, 2008; Laws 2009, c. 322, &sect; 8; Laws 2012, c. 304, &sect; 748.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7485.14. Federal laws to govern.&nbsp;</span></p> <p><span class="cls0">Notwithstanding any provision of this act to the contrary, in all cases where federal granted funds are involved, the federal laws, rules and regulations thereto shall govern to the extent necessary to insure the benefit of such funds to the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1959, p. 354, &sect; 14. &nbsp;</span></p> <p><span class="cls0">&sect;74-85.15. Strict conformity - Penalties.&nbsp;</span></p> <p><span class="cls0">All persons, agents, officers and employees of the state included within the provisions of this act are required to conform strictly to the provisions of this act, and any such persons, agents, officers or employees violating any provision of this act, shall be deemed guilty of a misdemeanor unless herein otherwise provided, and upon conviction shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or be imprisoned in the county jail not to exceed six (6) months or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 355, &sect; 19, eff. July 1, 1959.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.17. Repealed by Laws 1999, c. 289, &sect; 19, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.17A. Bidding preferences - Reciprocity - Awarding contracts.&nbsp;</span></p> <p><span class="cls0">A. State agencies shall not discriminate against bidders from states or nations outside Oklahoma, except as provided by this section. State agencies shall reciprocate the bidding preference given by other states or nations to bidders domiciled in their jurisdictions for acquisitions pursuant to The Oklahoma Central Purchasing Act. The State Purchasing Director shall annually prepare and distribute to certified procurement officers a schedule providing which states give bidders in their states a preference and the extent of the preference. This schedule shall be used by state agencies in evaluating bids.&nbsp;</span></p> <p><span class="cls0">B. For purposes of awarding contracts state agencies shall:&nbsp;</span></p> <p><span class="cls0">1. Give preference to goods and services that have been manufactured or produced in this state if the price, fitness, availability and quality are otherwise equal;&nbsp;</span></p> <p><span class="cls0">2. Give preference to goods and services from another state over foreign goods or services if goods or services manufactured or produced in this state are not equal in price, fitness, availability, or quality; and&nbsp;</span></p> <p><span class="cls0">3. Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 214, &sect; 1, eff. July 1, 2001. Amended by Laws 2010, c. 395, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.19. Department for analyzing and evaluating goods and services.&nbsp;</span></p> <p><span class="cls0">The Director of Central Purchasing shall create a department for analyzing and evaluating goods and services bought through Central Purchasing Agency using state owned laboratories and independent testing laboratories as needed.&nbsp;</span></p> <p><span class="cls0">Laws 1969, c. 205, &sect; 2, emerg. eff. April 18, 1969.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.22. Competitive bid or contract for goods or services &ndash; Form of certification.&nbsp;</span></p> <p><span class="cls0">Any competitive bid submitted to the State of Oklahoma or contract executed by the state for goods or services in excess of Five Thousand Dollars ($5,000.00) shall contain a certification, which shall be in substantially the following form:&nbsp;</span></p> <p><span class="cls0">A. For purposes of competitive bids, I certify:&nbsp;</span></p> <p><span class="cls0">1. I am the duly authorized agent of _____________, the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence of collusion among bidders and between bidders and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached;&nbsp;</span></p> <p><span class="cls0">2. I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of such bid; and&nbsp;</span></p> <p><span class="cls0">3. Neither the bidder nor anyone subject to the bidder's direction or control has been a party:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;to any collusion with any state official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, nor&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;in any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the letting of a contract.&nbsp;</span></p> <p><span class="cls0">B. I certify, if awarded the contract, whether competitively bid or not, neither the contractor nor anyone subject to the contractor&rsquo;s direction or control has paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma any money or other thing of value, either directly or indirectly, in procuring the contract to which this statement is attached.&nbsp;</span></p> <p><span class="cls0">Certified this _______ day of_________________ 20__.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 43, &sect; 1, emerg. eff. April 13, 1974. Amended by Laws 1984, c. 166, &sect; 6, operative July 1, 1984; Laws 2008, c. 96, &sect; 6, eff. Nov. 1, 2008; Laws 2009, c. 322, &sect; 9; Laws 2010, c. 170, &sect; 2, emerg. eff. April 26, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.23. Repealed by Laws 2008, c. 96, &sect; 7, eff. Nov. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.24. Renumbered as &sect; 138 of Title 61 by Laws 1999, c. 289, &sect; 18, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.26. Purchase of blanket bond for state officers and employees - Definition - Bond exclusive.&nbsp;</span></p> <p><span class="cls0">The Purchasing Division of the Office of Management and Enterprise Services is directed to purchase from the lowest bidder a surety contract or contracts in the form known as a "blanket bond" to cover all elective state officers, appointive officers, and employees in the manner provided in this section. No other bond shall be acceptable as surety for any elected or appointed officer or employee of this state in lieu of said blanket bond. For purposes of Sections 85.26 through 85.31 of this title, a "blanket bond" is defined as a public employees' blanket position bond which covers all employees up to the penalty of the bond for each employee and the full penalty of the bond is always in force during its term and no restoration is necessary and there is no additional premium after a loss is paid.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 131, &sect; 1, operative July 1, 1974. Amended by Laws 1983, c. 304, &sect; 112, eff. July 1, 1983; Laws 2012, c. 304, &sect; 749.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.27. Elective state officers - Blanket bond.&nbsp;</span></p> <p><span class="cls0">Each elective state officer shall, before entering office, give surety in an amount and upon terms and conditions as may be specified and provided by this act. Such blanket bond shall be furnished by a company duly qualified under the insurance laws of this state. The blanket bond shall be payable to the State of Oklahoma and, whenever possible, conditioned on the faithful performance of the duties of the individuals covered by the provisions of this act during their employment or term of office and that they will properly account for all monies and property received by virtue of their position or employment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 131, &sect; 2, operative July 1, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.28. Classification of officers and employees for coverage under bond.&nbsp;</span></p> <p><span class="cls0">A. For purposes of this act, each head of a department, institution, agency, commission, authority or other body of state government shall determine and classify the officers or employees under his jurisdiction and control who are required to give surety to the state, having due regard for the duties and responsibilities of any such office or employment and shall require such surety in such amounts and upon such terms and conditions as may be specified and provided by this act.&nbsp;</span></p> <p><span class="cls0">B. In determining which officers or employees shall be bonded, the head of the department, agency, institution, commission, authority or other body of state government may make such determination by classes of employees with due regard to the duties and responsibilities of officers and employees falling within such class.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 131, &sect; 3, operative July 1, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.29. Schedule of amounts of surety required.&nbsp;</span></p> <p><span class="cls0">The amount of surety required for each state officer or employee pursuant to Sections 85.26 through 85.31 of this title is as follows:&nbsp;</span></p> <p><span class="cls0">DEPARTMENT&nbsp;&nbsp;AMOUNT OF BOND&nbsp;</span></p> <p class="cls4"><span class="cls0">Office of the State Treasurer&nbsp;&nbsp;$300,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Oklahoma Employment Security Commission&nbsp;&nbsp;$150,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Central Services Division of the Office of Management and Enterprise Services&nbsp;&nbsp;100,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Insurance Commission&nbsp;&nbsp;100,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Office of the State Auditor and Inspector&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Finance Division of the Office of Management and Enterprise Services&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Bank Commissioner&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">CompSource Oklahoma President and Chief Executive Officer&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Commissioners of the Land Office&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Oklahoma Securities Commission&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Oklahoma Tax Commission&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Department of Human Services&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Oklahoma Public Employees Retirement System&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Corporation Commission&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">State Board of Education&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Finance Division&nbsp;&nbsp;150,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">All Others&nbsp;&nbsp;25,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Department of Transportation&nbsp;&nbsp;25,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Boards of Regents of Oklahoma Universities and Colleges&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">Office of Attorney General&nbsp;&nbsp;10,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">The University Hospitals&nbsp;&nbsp;50,000.00&nbsp;</span></p> <p class="cls4"><span class="cls0">All Other State Departments, Agencies, Institutions, Commissions, Authorities, and other bodies of state government&nbsp;&nbsp;10,000.00&nbsp;</span></p> <p><span class="cls0">Provided, however, that nothing in The Oklahoma Central Purchasing Act shall prohibit any head of a department, institution, agency, commission, authority or other body of state government from requiring the Central Purchasing Division to purchase increased amounts of blanket bond coverage for his or her employees up to a total maximum coverage of Fifty Thousand Dollars ($50,000.00) when the listed amount is deemed inadequate. The cost of increased coverage shall be borne by the department, institution, agency, commission, authority or other body of state government requesting the increased coverage.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 131, &sect; 4, operative July 1, 1974. Amended by Laws 1979, c. 30, &sect; 163, emerg. eff. April 6, 1979; Laws 1980, c. 159, &sect; 35, emerg. eff. April 2, 1980; Laws 1983, c. 304, &sect; 113, eff. July 1, 1983; Laws 1989, c. 353, &sect; 8, emerg. eff. June 3, 1989; Laws 1994, c. 283, &sect; 6, eff. Sept. 1, 1994; Laws 2002, c. 50, &sect; 5, eff. Nov. 1, 2002; Laws 2007, c. 354, &sect; 17, eff. Nov. 1, 2007; Laws 2012, c. 304, &sect; 750.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1983, c. 135, &sect; 1 repealed by Laws 1989, c. 353, &sect; 14, emerg. eff. June 3, 1989.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.30. Statutorily required bonds.&nbsp;</span></p> <p><span class="cls0">Whenever, by any presently existing law of this state or by any law hereafter enacted, any officer or employee is required to furnish bond as a prerequisite to employment, such requirement as to terms, conditions, penalty, amount or quality or type of surety shall be and is hereby deemed and defined to mean the furnishing of a bond or surety contract in the manner and amount under the provisions and requirements of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 131, &sect; 5, operative July 1, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.31. Purchasing Division to purchase all bonds - Payment of premiums - Approval.&nbsp;</span></p> <p><span class="cls0">A. Whenever any officer, statutory board, commission, committee, department, authority, or any state agent or agency by whatever name called, is authorized by any law of this state to purchase any official bond, surety bond, blanket bond, or surety contract upon any state officer or employee, the authority is hereby transferred and conferred upon the Purchasing Division of the Office of Management and Enterprise Services. The authority shall be exercised by the Purchasing Division in the manner pursuant to the provisions and requirements prescribed by Section 85.58A of this title.&nbsp;</span></p> <p><span class="cls0">B. The premium for a bond will be invoiced to the Purchasing Division and paid for by legislative appropriation set aside for that specific purpose.&nbsp;</span></p> <p><span class="cls0">C. If the legislative appropriation is insufficient to meet the cost of a bond, the State Purchasing Director in conjunction with the State Risk Administrator shall assess each entity covered by the bond a pro rata share of the excess cost amount.&nbsp;</span></p> <p><span class="cls0">D. A blanket bond shall be approved as to form and legal sufficiency by the general counsel of the Office of Management and Enterprise Services and shall be filed with the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 131, &sect; 6, operative July 1, 1974. Amended by Laws 1983, c. 304, &sect; 114, eff. July 1, 1983; Laws 2002, c. 483, &sect; 4, eff. July 1, 2002; Laws 2012, c. 304, &sect; 751.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.32. Repealed by Laws 1996, c. 316, &sect; 7, eff. July 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.33. Registration of State Vendors Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services to be designated the "Registration of State Vendors Revolving Fund". The fund shall consist of any monies received from fees collected in accordance with subsection B of this section. The revolving fund shall be a continuing fund, without legislative appropriation, not subject to fiscal year limitations, and shall be under the control and management of the Office of Management and Enterprise Services. Expenditures from the Registration of State Vendors Revolving Fund shall be budgeted and expended pursuant to the laws of the state and the statutes relating to public finance. The fund shall be used to defray the costs of the Purchasing Division for commodity research, classification, and analysis and expenses the Office incurs to support Purchasing Division operations. Warrants for expenditures from said fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the Office, and approved for payment by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. The Office of Management and Enterprise Services shall collect a fee of Twenty-five Dollars ($25.00) to register suppliers that desire to do business with this state through the Purchasing Division. The suppliers shall register separately for each commodity list. Each registration shall entitle the supplier to be on that list for one (1) year, to receive all bid notices in that classification for that period, and to receive one copy of the State's Commodity Classification Manual when published. All fees collected in accordance with this section shall be deposited in the revolving fund created in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1977, c. 243, &sect; 11, emerg. eff. June 15, 1977. Amended by Laws 1983, c. 304, &sect; 115, eff. July 1, 1983; Laws 1998, c. 371, &sect; 8, eff. Nov. 1, 1998; Laws 1999, c. 289, &sect; 9, eff. July 1, 1999; Laws 2003, c. 372, &sect; 6, eff. July 1, 2003; Laws 2012, c. 304, &sect; 752.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.33A. Contract Management Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services to be designated the "Contract Management Revolving Fund". The fund shall consist of any monies received from fees, levies or rebates the Office receives in accordance with subsection B of this section. The revolving fund shall be a continuing fund, without legislative appropriation, not subject to fiscal year limitations, and shall be under the control and management of the Office of Management and Enterprise Services. Expenditures from the Contract Management Revolving Fund shall be budgeted and expended pursuant to the laws of the state and the statutes relating to public finance. The fund shall be used to defray the costs of the Purchasing Division for operations of the Purchasing Division and expenses the Office of Management and Enterprise Services incurs to support operation of the Purchasing Division. Warrants for expenditures from the fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the Office, and approved for payment by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. The State Purchasing Director may enter into or award contracts that provide a contract management fee, levy or rebate to the Office of Management and Enterprise Services. The State Purchasing Director shall ensure that a contract that provides a management fee, levy or rebate provides value to acquiring agencies exceeding open market acquisition costs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 342, &sect; 5. Amended by Laws 2012, c. 304, &sect; 753.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.33B. State purchase card transactions - Public access.&nbsp;</span></p> <p><span class="cls0">A. On a monthly basis the Director of Central Purchasing and institutions of higher education shall provide to the Director of the Office of Management and Enterprise Services a complete listing in electronic format of all transactions occurring with the aid of a state purchase card. The list shall contain the name of the purchaser and purchasing agency, amount of purchase, and all available descriptions of items purchased.&nbsp;</span></p> <p><span class="cls0">B. Upon receipt of the list described in subsection A of this section, the Director of the Office of Management and Enterprise Services shall allow the public access to the list in searchable format through its website defined in Section 46 of Title 62 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 322, &sect; 3. Amended by Laws 2010, c. 475, &sect; 3, emerg. eff. June 10, 2010; Laws 2012, c. 304, &sect; 754.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2010, c. 170, &sect; 3 repealed by Laws 2011, c. 1, &sect; 47, emerg. eff. March 18, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.34. Renumbered as &sect; 85.58A of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.34A. Renumbered as &sect; 85.58B of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.34B. Renumbered as &sect; 85.58D of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.34C. Renumbered as &sect; 85.58E of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.34D. Renumbered as &sect; 85.58F of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.34E. Renumbered as &sect; 85.58G of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.34F. Renumbered as &sect; 85.58H of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.34G. Renumbered as &sect; 85.58I of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.34H. Renumbered as &sect; 85.58J of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.35. Renumbered as &sect; 85.58K of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.36. Repealed by Laws 1994, c. 329, &sect; 13, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.36A. Renumbered as &sect; 85.58L of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.37. Renumbered as &sect; 85.58M of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.38. Renumbered as &sect; 85.58N of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.39. Agency internal purchasing procedures.&nbsp;</span></p> <p><span class="cls0">A. 1. Each state agency shall develop internal purchasing procedures for acquisitions by the state agency. Procedures shall, at a minimum, include provisions for the state agency's needs assessment, funding, routing, review, audits, monitoring, and evaluations. Following development, the state agency shall submit the procedures to the State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">2. The State Purchasing Director shall review the procedures submitted pursuant to paragraph 1 of this subsection to determine compliance with The Oklahoma Central Purchasing Act, rules promulgated pursuant thereto, Sections 3001 through 3010 of this title, and provisions of paragraph 1 of this subsection. The State Purchasing Director shall provide written findings, including details of noncompliance, if any, to the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">3. The Director of the Office of Management and Enterprise Services shall, within fifteen (15) days after the procedures are submitted, notify the state agency that the procedures are in compliance or indicate revisions necessary to bring the procedures into compliance.&nbsp;</span></p> <p><span class="cls0">B. A state agency shall not make acquisitions exceeding Five Thousand Dollars ($5,000.00) pursuant to Section 85.5 of this title, unless the Director of the Office of Management and Enterprise Services provides notice of compliance.&nbsp;</span></p> <p><span class="cls0">C. Each state agency shall maintain a document file for each acquisition the state agency makes which shall include, at a minimum, justification for the acquisition, supporting documentation, copies of all contracts, if any, pertaining to the acquisition, evaluations, written reports if required by contract, and any other information the State Purchasing Director requires be kept.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 173, &sect; 3, emerg. eff. May 12, 1986. Amended by Laws 1998, c. 371, &sect; 9, eff. Nov. 1, 1998; Laws 1999, c. 289, &sect; 10, eff. July 1, 1999; Laws 2009, c. 322, &sect; 10; Laws 2012, c. 304, &sect; 755.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.40. Travel expenses to be included in bid, proposal, or quotation.&nbsp;</span></p> <p><span class="cls0">Suppliers that may incur travel expenses pursuant to an acquisition by a state agency from the supplier shall include travel expenses in the total acquisition price in the supplier's bid, proposal, or quotation. A state agency shall not pay any supplier travel expenses in addition to the total price of the acquisition.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 173, &sect; 5, emerg. eff. May 12, 1986; Amended by Laws 1991, c. 197, &sect; 3, eff. July 1, 1991; Laws 1999, c. 289, &sect; 11, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.41. Professional services contracts.&nbsp;</span></p> <p><span class="cls0">A. A state agency that acquires professional services shall comply with the provisions of this section.&nbsp;</span></p> <p><span class="cls0">B. The state agency shall evaluate the performance of the professional services provided pursuant to all professional services contracts exceeding the &ldquo;fair and reasonable&rdquo; dollar threshold. The performance evaluation shall indicate the quality of service or work product of the supplier. The state agency shall retain the evaluation in the document file the state agency maintains for the acquisition pursuant to Section 85.39 of this title. If the evaluation indicates deficiencies with the supplier&rsquo;s work, the state agency shall send a copy of the evaluation to the State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">C. If the work product of the contract is a report, the state agency shall file the report with the State Librarian and Archivist.&nbsp;</span></p> <p><span class="cls0">D. A state agency shall administer, monitor, and audit the professional services contract. The State Purchasing Director may require the state agency to report to the State Purchasing Director the status of an unfinished professional services contract.&nbsp;</span></p> <p><span class="cls0">E. A professional services contract shall include an audit clause which provides that all items of the supplier that relate to the professional services are subject to examination by the state agency, the State Auditor and Inspector and the State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">F. 1. If the final product of the professional services contract is a written proposal, report, or study, the professional services contract shall require the supplier to certify that the supplier has not previously provided the state agency or another state agency with a final product that is a substantial duplication of the final product of the proposed contract.&nbsp;</span></p> <p><span class="cls0">2. Any state agency renewing a contract with a supplier shall not be subject to the provisions of paragraph 1 of this subsection.&nbsp;</span></p> <p><span class="cls0">G. 1. Contracts for professional services shall provide for payment for services at a uniform rate throughout the duration of the contract if the services throughout the duration of the contract are similar and consistent.&nbsp;</span></p> <p><span class="cls0">2. No state agency shall execute a contract for professional services providing for nonuniform payments throughout the duration of the contract without authorization of the State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 173, &sect; 6, emerg. eff. May 12, 1986. Amended by Laws 1992, c. 250, &sect; 2, eff. July 1, 1992; Laws 1994, c. 302, &sect; 1, eff. Sept. 1, 1994; Laws 1998, c. 371, &sect; 10, eff. Nov. 1, 1998; Laws 1999, c. 289, &sect; 12, eff. July 1, 1999; Laws 2002, c. 483, &sect; 5, eff. July 1, 2002; Laws 2009, c. 322, &sect; 11; Laws 2011, c. 207, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.42. One-year limitation on entering contracts with certain persons - Exceptions.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided for in this section, any agency, whether or not such agency is subject to The Oklahoma Central Purchasing Act, is prohibited from entering into a sole source contract or a contract for professional services with or for the services of any person, who has terminated employment with or who has been terminated by that agency for one (1) year after the termination date of the employee from the agency. The provisions of this subsection shall not prohibit an agency from hiring or rehiring such person as a state employee.&nbsp;</span></p> <p><span class="cls0">B. Each contract entered into by any person or firm with the State of Oklahoma shall include a statement certifying that no person who has been involved in any manner in the development of that contract while employed by the State of Oklahoma shall be employed to fulfill any of the services provided for under said contract. This subsection shall not preclude faculty and staff of the institutions within The State System of Higher Education from negotiating and participating in research grants and educational contracts. Nor shall this subsection apply to personnel of the Capital Resources Division of the Oklahoma Department of Commerce who contract to provide services to the Oklahoma Capital Investment Board.&nbsp;</span></p> <p><span class="cls0">C. As used in this section, person is defined as any state official or employee of a department, board, bureau, commission, agency, trusteeship, authority, council, committee, trust, school district, fair board, court, executive office, advisory group, task force, study group, supported in whole or in part by public funds or entrusted with the expenditure of public funds or administering or operating public property, and all committees, or subcommittees thereof, judges, justices, and state legislators.&nbsp;</span></p> <p><span class="cls0">D. An agency may enter into a sole source contract or a contract for professional services at any time with a person who is a qualified interpreter for the deaf.&nbsp;</span></p> <p><span class="cls0">E. The Department of Transportation, Oklahoma Water Resources Board, Department of Environmental Quality, Oklahoma Tourism and Recreation Department, the Oklahoma Turnpike Authority and the Oklahoma Department of Agriculture, Food, and Forestry may enter into a contract for professional services at any time with a person who has retired from state service, provided the provisions specified in subsection B of this section are satisfied.&nbsp;</span></p> <p><span class="cls0">F. The Department of Human Services may enter into a contract for professional services related to computer application development support and network engineering at any time with a person who has separated from state service, provided the provisions specified in subsection B of this section are satisfied.&nbsp;</span></p> <p><span class="cls0">G. To maintain public health infrastructure and preparedness, the State Department of Health and city-county health departments may enter into a contract for professional services at any time with a physicians assistant, registered nurse, advanced practice nurse, nurse midwife, registered dietician, occupational therapist, physical therapist, or speech-language pathologist who has retired from state service; provided, the provisions specified in subsection B of this section are also satisfied.&nbsp;</span></p> <p><span class="cls0">H. The Department of Mental Health and Substance Abuse Services may enter into a contract for professional services at any time with a physician, registered nurse, registered pharmacist, or person meeting the definition of a licensed mental health professional, as defined in Title 43A of the Oklahoma Statutes, who has separated and/or retired from state service; provided that the provisions specified in subsection B of this section are satisfied.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 173, &sect; 7, emerg. eff. May 12, 1986. Amended by Laws 1988, c. 69, &sect; 2, emerg. eff. March 25, 1988; Laws 1991, c. 341, &sect; 5, eff. July 1, 1991; Laws 1992, c. 240, &sect; 2, eff. Sept. 1, 1992; Laws 1999, c. 409, &sect; 1, emerg. eff. June 10, 1999; Laws 2000, c. 339, &sect; 21, emerg. eff. June 6, 2000; Laws 2001, c. 440, &sect; 4, eff. July 1, 2001; Laws 2002, c. 22, &sect; 28, emerg. eff. March 8, 2002; Laws 2002, c. 343, &sect; 2, emerg. eff. May 30, 2002; Laws 2003, c. 342, &sect; 6; Laws 2007, c. 115, &sect; 1, eff. Nov. 1, 2007; Laws 2008, c. 276, &sect; 1, eff. Nov. 1, 2008; Laws 2009, c. 322, &sect; 12; Laws 2011, c. 26, &sect; 1, eff. July 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2001, c. 327, &sect; 2 repealed by Laws 2002, c. 22, &sect; 34, emerg. eff. March 8, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.43. Annual report of acquisitions.&nbsp;</span></p> <p><span class="cls0">A. Each chief administrative officer of a state agency shall submit to the State Purchasing Director by November 1 of each year a report listing all acquisitions exceeding Fifty Thousand Dollars ($50,000.00) but not exceeding One Hundred Thousand Dollars ($100,000.00) of the state agency for the preceding fiscal year which will include the following information:&nbsp;</span></p> <p><span class="cls0">1. Professional services contracts;&nbsp;</span></p> <p><span class="cls0">2. Nonprofessional services contracts; and&nbsp;</span></p> <p><span class="cls0">3. Contracts for the leasing of property including real property contracts and any lease agreements for products or equipment.&nbsp;</span></p> <p><span class="cls0">B. The report shall contain:&nbsp;</span></p> <p><span class="cls0">1. The name of the supplier;&nbsp;</span></p> <p><span class="cls0">2. A description of each acquisition;&nbsp;</span></p> <p><span class="cls0">3. The purchase price of the acquisition; and&nbsp;</span></p> <p><span class="cls0">4. The total amount expended to date for the preceding fiscal year for the acquisition.&nbsp;</span></p> <p><span class="cls0">C. The report shall specifically identify sole source and sole brand acquisitions.&nbsp;</span></p> <p><span class="cls0">D. The state agency shall submit the report to the State Auditor and Inspector and to the Office of Management and Enterprise Services. The state agency shall submit the report to any member of the Appropriations and Budget Committee of the House of Representatives or Appropriations Committee of the Senate if a member so requests.&nbsp;</span></p> <p><span class="cls0">E. The State Auditor and Inspector shall review the report for compliance with statutes and rules or other provisions of law applicable to sole source and sole brand acquisitions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 173, &sect; 8, emerg. eff. May 12, 1986. Amended by Laws 1998, c. 371, &sect; 11, eff. Nov. 1, 1998; Laws 1999, c. 289, &sect; 13, eff. July 1, 1999; Laws 2009, c. 322, &sect; 13; Laws 2012, c. 304, &sect; 756.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7485.44. Contracts violating fulltimeequivalent employee limitation not to be entered into.&nbsp;</span></p> <p><span class="cls0">Any chief administrative officer of an agency, whether or not such agency is subject to the Oklahoma Central Purchasing Act, shall not enter into any contract for nonprofessional or professional services for the purpose of or which would result in the circumvention of the fulltimeequivalent employee limitation established by law for such agency.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1986, c. 173, &sect; 9, emerg. eff. May 12, 1986. &nbsp;</span></p> <p><span class="cls0">&sect;74-85.44A. Court order requiring purchase of goods or services.&nbsp;</span></p> <p><span class="cls0">A court order requiring the purchase of certain goods or services by a state agency, whether or not such state agency is subject to the Oklahoma Central Purchasing Act, shall not invalidate competitive bidding procedures required pursuant to Section 85.7 of Title 74 of the Oklahoma Statutes if such court order does not specify specific vendors or providers. Any such purchase of goods or services shall comply with competitive bid procedures.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 250, &sect; 3, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.44B. Payment for goods or services pursuant to contract.&nbsp;</span></p> <p><span class="cls0">Payment for products or services pursuant to a contract executed by a state agency, whether or not such state agency is subject to the Oklahoma Central Purchasing Act, Section 85.1 et seq. of this title, shall be made only after products have been provided or services rendered. This section shall not prohibit the payment for subscriptions to magazines, periodicals, or books or for payment to vendors providing subscription services. This section shall not prohibit payment for services provided by the United States Army Corps of Engineers prior to the services being rendered if the action is taken pursuant to a cooperative agreement between a state agency and the Corps to provide emergency response or to protect the public health, safety, or welfare.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 250, &sect; 4, eff. July 1, 1992. Amended by Laws 1993, c. 101, &sect; 1, emerg. eff. April 20, 1993; Laws 2004, c. 309, &sect; 3, eff. July 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.44C. Contract allowing vendor or service provider to acquire ownership of material or equipment furnished pursuant to contract.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any state agency, whether or not such state agency is subject to the Oklahoma Central Purchasing Act, to enter into any contract which provides for the state or state agency to furnish material or equipment to be used by the vendor or service provider contracting with the state in the performance of the contract if the contract allows the vendor or service provider to acquire ownership of the material or equipment during or after the term of the contract in any manner other than through competitive bidding or a public sale procedure.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 250, &sect; 5, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.44D. Purchasing preference for products made from Oklahoma harvested trees.&nbsp;</span></p> <p><span class="cls0">A. It is the intent of the Legislature that all state agencies procure and use products or materials made from or utilizing materials from trees harvested in Oklahoma when such products or materials are available.&nbsp;</span></p> <p><span class="cls0">B. By July 1, 2011, the Purchasing Division of the Office of Management and Enterprise Services when accepting bids for state purchases of products and materials shall give preference to the suppliers of wood products made from or products manufactured utilizing materials from trees harvested in Oklahoma if the price for the products and materials is not substantially higher than the price for other wood products and materials and the quality and grade requirements are otherwise comparable.&nbsp;</span></p> <p><span class="cls0">C. By July 1, 2011, the Purchasing Division of the Office of Management and Enterprise Services shall promulgate rules and implement a program for extending state procurement specifications to products made from or manufactured utilizing materials from trees harvested in Oklahoma and identifying the products.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 454, &sect; 10, eff. July 1, 2010. Amended by Laws 2012, c. 304, &sect; 757.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7485.45. Oklahoma Minority Business Enterprise Assistance Act.&nbsp;</span></p> <p><span class="cls0">Sections 2 through 10 of this act shall be known and may be cited as the "Oklahoma Minority Business Enterprise Assistance Act".&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 191, &sect; 2, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;7485.45a. Legislative intent.&nbsp;</span></p> <p><span class="cls0">It is recognized by this state that the preservation and expansion of the American economic system of private enterprise is through free competition, but it is also recognized that the security and wellbeing brought about by such competition cannot be realized unless the actual and potential capacity of minority business enterprises is encouraged and developed. Therefore, it is the intent of the Legislature that the state ensure that minority business enterprises are not underrepresented in the area of procurement of state contracts for construction, services, equipment and goods. It is further the intent that this state provide for the aggressive solicitation of minority business enterprises, provide a feasibility study on a Small Business Surety Bond Guaranty Program, provide other programs targeted for assisting minority business enterprises in qualifying for state bids, and establish a percentage preference bid program for minority business enterprises who desire to participate in such program.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 191, &sect; 3, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;74-85.45b. Definitions.&nbsp;</span></p> <p><span class="cls0">For purposes of the Oklahoma Minority Business Enterprise Assistance Act:&nbsp;</span></p> <p><span class="cls0">1. "Minority" means a person who is a lawful resident of the State of Oklahoma and who is:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Black (a person having origins in any of the black racial groups of Africa),&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American descent),&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands), or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;American Indian and Alaskan Native (a person having origins in any of the original peoples of North America);&nbsp;</span></p> <p><span class="cls0">2. "Minority business enterprise" means a small business concern, as defined pursuant to Section 3 of the Small Business Act and implementing regulations, which is owned and controlled by one or more minorities and is authorized to do and is doing business under the laws of this state, paying all taxes duly assessed, and domiciled within this state. "Owned and controlled" means a business:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;which is at least fifty-one percent (51%) owned by one or more minorities or, in the case of a publicly owned business, at least fifty-one percent (51%) of all classes or types of the stock is owned by one or more minorities, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;whose management and daily business operations are controlled by one or more such individuals;&nbsp;</span></p> <p><span class="cls0">3. "Office" means the Office of Management and Enterprise Services; and&nbsp;</span></p> <p><span class="cls0">4. "Person" means an individual, sole proprietorship, partnership, association, or corporation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 191, &sect; 4, operative July 1, 1987. Amended by Laws 2012, c. 304, &sect; 758.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7485.45c. Bidpreference program.&nbsp;</span></p> <p><span class="cls0">A. For competitive bids submitted to the state pursuant to the Oklahoma Central Purchasing Act or pursuant to the Public Competitive Bidding Act of 1974 by certified minority businesses, the State Purchasing Director shall prepare and implement a bidpreference program. The program shall require that a percentage be added to the price of the lowest bid and if the certified minority business enterprise submits a bid that falls between the lowest bid plus the percentage, it shall receive the contract.&nbsp;</span></p> <p><span class="cls0">Provided however, in no instance shall the minority business enterprise be entitled to both a minority bid preference under this act and the preference for stateproduced goods pursuant to Section 85.32 of this title.&nbsp;</span></p> <p><span class="cls0">B. The minority business enterprise preference program shall be implemented on the following schedule:&nbsp;</span></p> <p><span class="cls0">1. For the 19881989 fiscal year, the State Purchasing Director shall certify the percent of funds expended on state contracts which have been awarded to minority business enterprises certified pursuant to Section 7 of this act. If the State Purchasing Director certifies that a minimum of ten percent (10%) of the funds expended on state contracts were expended on contracts awarded to minority business enterprises certified pursuant to Section 7 of this act then the minority percentage bid preference shall be zero. If the percentage of such funds expended on minority business enterprises is less than ten percent (10%) then a five percent (5%) bid preference shall go into effect; and&nbsp;</span></p> <p><span class="cls0">2. For each following fiscal year, the State Purchasing Director shall certify the percent of funds expended on state contracts which have been awarded to minority business enterprises. When the State Purchasing Director certifies that a minimum of ten percent (10%) of the funds expended on state contracts are expended on contracts awarded to minority business enterprises then the percentage bid preference shall remain at that preference level for a period of one (1) year. After that oneyear period, unless the minority bid preference level is zero, the State Purchasing Director shall reduce by one percent (1%) each year the bid preference level unless the required percent of funds expended on state contracts awarded to minority business enterprises decreases below the ten percent (10%) minimum. At that time, the State Purchasing Director shall increase the percentage bid preference one percent (1%) each year to a maximum of five percent (5%) to attain the minimum ten percent (10%) goal of the program. Each year the State Purchasing Director may increase or decrease the bid percentage level in compliance with this section to maintain the minimum ten percent (10%) goal of the program.&nbsp;</span></p> <p><span class="cls0">C. The Department of Transportation is exempted from the provisions of the Minority Business Enterprise Assistance Act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 191, &sect; 5, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;7485.45d. Inability to award contract under preference program.&nbsp;</span></p> <p><span class="cls0">In the event that the State Purchasing Director is unable to award a contract pursuant to the provisions of Section 5 of this act, the award may be placed pursuant to the normal competitive bid and award provisions.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 191, &sect; 6, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;74-85.45e. Certification as minority business enterprise.&nbsp;</span></p> <p><span class="cls0">A. Any minority business enterprise that desires to participate in the minority bid preference program and to bid upon any state contract within the purview of the State Purchasing Director of the Office of Management and Enterprise Services or any other state contract to be let by any state agency not subject to The Oklahoma Central Purchasing Act shall first apply to the State Purchasing Director of the Office of Management and Enterprise Services for certification.&nbsp;</span></p> <p><span class="cls0">B. The State Purchasing Director of the Office of Management and Enterprise Services shall certify a business which meets the eligibility requirement of this section to qualify as a minority business enterprise. To qualify as a minority business enterprise, the business shall:&nbsp;</span></p> <p><span class="cls0">1. Be a minority business enterprise;&nbsp;</span></p> <p><span class="cls0">2. Submit any documentary evidence required by the rules and regulations of the Office of Management and Enterprise Services to support its status as a minority business enterprise;&nbsp;</span></p> <p><span class="cls0">3. Sign an affidavit stating that it is a minority business enterprise;&nbsp;</span></p> <p><span class="cls0">4. Be qualified to bid pursuant to the provisions of The Oklahoma Central Purchasing Act; and&nbsp;</span></p> <p><span class="cls0">5. Present:&nbsp;</span></p> <p class="cls5"><span class="cls0">a.&nbsp;&nbsp;an application including the entire business history of the operation,&nbsp;</span></p> <p class="cls5"><span class="cls0">b.&nbsp;&nbsp;birth certificates for all minority principals,&nbsp;</span></p> <p class="cls5"><span class="cls0">c.&nbsp;&nbsp;if Native American, tribal registration card/certificate,&nbsp;</span></p> <p class="cls5"><span class="cls0">d.&nbsp;&nbsp;current resumes on all principals, key managers and other key personnel,&nbsp;</span></p> <p class="cls5"><span class="cls0">e.&nbsp;&nbsp;a current financial statement,&nbsp;</span></p> <p class="cls5"><span class="cls0">f.&nbsp;&nbsp;proof of investment by principals,&nbsp;</span></p> <p class="cls5"><span class="cls0">g.&nbsp;&nbsp;loan agreements,&nbsp;</span></p> <p class="cls5"><span class="cls0">h.&nbsp;&nbsp;lease/rental agreement for space, equipment,&nbsp;</span></p> <p class="cls5"><span class="cls0">i.&nbsp;&nbsp;evidence of latest bond,&nbsp;</span></p> <p class="cls5"><span class="cls0">j.&nbsp;&nbsp;if the applicant is a sole proprietor, he shall also include: a copy of a bank signature card,&nbsp;</span></p> <p class="cls5"><span class="cls0">k.&nbsp;&nbsp;if the applicant is a partnership a copy of the partnership agreement shall also be included, and&nbsp;</span></p> <p class="cls5"><span class="cls0">l.&nbsp;&nbsp;if the applicant is a corporation it shall also include: articles of organization, corporation bylaws, copies of all stock certificates, minutes of the first corporate organizational meeting, bank resolution on all company accounts, and a copy of the latest U.S. corporate tax return.&nbsp;</span></p> <p><span class="cls0">C. The State Purchasing Director of the Office of Management and Enterprise Services shall prepare and maintain a list of certified minority business enterprises.&nbsp;</span></p> <p><span class="cls0">D. The State Purchasing Director of the Office of Management and Enterprise Services may deny certification to any minority business enterprise in accordance with the provisions of this act and the rules and regulations of the Office of Management and Enterprise Services. Any person adversely affected by an order of the State Purchasing Director of the Office of Management and Enterprise Services denying certification as a minority business enterprise may appeal as provided in the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 191, &sect; 7, operative July 1, 1987. Amended by Laws 2012, c. 304, &sect; 759.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.45f. Report on contracts awarded to minority business.&nbsp;</span></p> <p><span class="cls0">On or before July 15 of each year, the State Purchasing Director shall submit a report to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate on the status of the percentile of state funds expended on contracts awarded to minority business in the preceding fiscal year and provide any report, statistic or information concerning the compliance of the Office of Management and Enterprise Services with the Oklahoma Minority Business Enterprise Assistance Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 191, &sect; 8, operative July 1, 1987. Amended by Laws 1998, c. 364, &sect; 27, emerg. eff. June 8, 1998; Laws 2012, c. 304, &sect; 760.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.45g. Assignment of contracts.&nbsp;</span></p> <p><span class="cls0">If a minority business enterprise is awarded a contract by this state pursuant to the Oklahoma Minority Business Enterprise Assistance Act, said business shall not assign the rights of the contract to any other business without prior written approval of the State Purchasing Director of the Office of Management and Enterprise Services verifying that such business is also a minority business enterprise certified as such by the Office of Management and Enterprise Services. Any such assignment made without the prior written approval of the State Purchasing Director of the Office of Management and Enterprise Services shall be deemed unlawful pursuant to paragraph 5 of subsection A of Section 85.45h of this title. Such unlawful assignment shall be voidable by the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 191, &sect; 9, operative July 1, 1987. Amended by Laws 2012, c. 304, &sect; 761.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.45h. Prohibited acts - Penalty.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for a person to:&nbsp;</span></p> <p><span class="cls0">1. Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain, certification as a minority business enterprise for the purposes of this act.&nbsp;</span></p> <p><span class="cls0">2. Knowingly and willfully make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of certification of any entity as a minority business enterprise.&nbsp;</span></p> <p><span class="cls0">3. Knowingly and willfully obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise.&nbsp;</span></p> <p><span class="cls0">4. Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public monies to which the person is not entitled under this act.&nbsp;</span></p> <p><span class="cls0">5. Knowingly and willfully assign any contract awarded pursuant to the Oklahoma Minority Business Enterprise Assistance Act to any other business enterprise without prior written approval of the State Purchasing Director pursuant to Section 85.45g of this title.&nbsp;</span></p> <p><span class="cls0">B. Any person convicted of violating any provision of the Oklahoma Minority Business Enterprise Assistance Act shall be guilty of a felony, punishable by imprisonment in the State Penitentiary for not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine.&nbsp;</span></p> <p><span class="cls0">C. If a contractor, subcontractor, supplier, subsidiary, principal or affiliate thereof, has been found to have violated this act and that violation occurred within three (3) years of another violation of this act, the Office of Management and Enterprise Services shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof, from entering into a state project or state contract and from further bidding to a state entity, and from being a subcontractor to a contractor for a state entity and from being a supplier to a state entity.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 191, &sect; 10, operative July 1, 1987. Amended by Laws 1997, c. 133, &sect; 585, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 425, eff. July 1, 1999; Laws 2012, c. 304, &sect; 762.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 585 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.45i. Studies to determine disparity in minority business.&nbsp;</span></p> <p><span class="cls0">No later than December 31, 1994, each municipality with a population of three hundred thousand (300,000) or more according to the latest Federal Decennial Census shall conduct a study to determine the disparity, if any, in minority business contracts awarded by such municipality, and to determine the feasibility of the establishment of a percentage preference bid program that provides for a minimum of five percent (5%) of the funds expended on municipal contracts to be awarded to minority business enterprises as certified by the Oklahoma State Purchasing Director under the Oklahoma Minority Business Enterprise Assistance Act, Sections 85.45 through 85.45h of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 322, &sect; 32, emerg. eff. June 8, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.45j. Sole source or sole brand acquisition.&nbsp;</span></p> <p><span class="cls0">A. 1. Pursuant to the provisions of this section, an acquisition may be exempt from competitive bidding procedures as a sole source or sole brand acquisition.&nbsp;</span></p> <p><span class="cls0">2. If a state agency desires to make a sole source or sole brand acquisition, the state agency shall retain in the state agency's acquisition file or attach to the requisition a certification signed by the chief administrative officer of the state agency, in the following form:&nbsp;</span></p> <p><span class="cls0">SOLE SOURCE OR SOLE BRAND ACQUISITION&nbsp;</span></p> <p><span class="cls0">CERTIFICATION&nbsp;</span></p> <p><span class="cls0">STATE AGENCY&nbsp;&nbsp;________________________&nbsp;</span></p> <p><span class="cls0">SUPPLIER NAME&nbsp;&nbsp;________________________&nbsp;</span></p> <p><span class="cls0">SUPPLIER ADDRESS&nbsp;&nbsp;________________________&nbsp;</span></p> <p><span class="cls0">SUPPLIER TELEPHONE&nbsp;&nbsp;________________________&nbsp;</span></p> <p><span class="cls0">I hereby affirm that pursuant to the provisions of the attached requisition or contract that&nbsp;</span></p> <p class="cls6"><span class="cls0">(Name of Supplier)&nbsp;</span></p> <p><span class="cls0">is the only person or business entity singularly qualified to provide the acquisition, and if a product is the only brand or product which is unique, for the following reasons:&nbsp;</span></p> <p><span class="cls0">______________________________________________________&nbsp;</span></p> <p><span class="cls0">______________________________________________________&nbsp;</span></p> <p><span class="cls0">______________________________________________________&nbsp;</span></p> <p><span class="cls0">______________________________________________________&nbsp;</span></p> <p><span class="cls0">______________________________________________________&nbsp;</span></p> <p><span class="cls0">The following is a brief description of all efforts which were made to verify that the services or products to be purchased pursuant to the provisions of the attached requisition or contract qualify as a sole source or sole brand acquisition:&nbsp;</span></p> <p><span class="cls0">______________________________________________________&nbsp;</span></p> <p><span class="cls0">______________________________________________________&nbsp;</span></p> <p><span class="cls0">______________________________________________________&nbsp;</span></p> <p><span class="cls0">______________________________________________________&nbsp;</span></p> <p><span class="cls0">______________________________________________________&nbsp;</span></p> <p><span class="cls0">I understand that the signing of this certification knowing such information to be false may subject me to punishment for perjury.&nbsp;</span></p> <p class="cls7"><span class="cls0">_____________________________&nbsp;</span></p> <p class="cls7"><span class="cls0">(Chief administrative officer)&nbsp;</span></p> <p><span class="cls0">3. A court order requiring the purchase of specific products or services but which does not specify a brand or supplier shall not substitute for the certification required by this subsection or otherwise invalidate the acquisition procedures required pursuant to The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">4. Any chief administrative officer of a state agency affirming the certification required by this subsection who knows the information to be false shall be deemed guilty of perjury and upon conviction shall be punished by fine or by imprisonment or both fine and imprisonment pursuant to law. Upon conviction or upon entering a plea of nolo contendere pursuant to this paragraph, the chief administrative officer shall immediately forfeit his or her position and shall be ineligible for appointment to or employment in the state service for a period of five (5) years after entering a plea of nolo contendere or being convicted.&nbsp;</span></p> <p><span class="cls0">5. Upon a determination by the Director of the Office of Management and Enterprise Services that there are reasonable grounds to believe that a violation of this subsection has occurred, the Director shall send findings to the Attorney General that support the determination. The Attorney General shall review the findings and determine whether to investigate or prosecute the person.&nbsp;</span></p> <p><span class="cls0">6. If the acquisition's purchase price is such that the state agency is required to submit a requisition to the State Purchasing Director, the State Purchasing Director shall approve or deny the requisition for a sole source or sole brand acquisition. Prior to approving a requisition pursuant to this paragraph, the State Purchasing Director shall document reasons a sole source or sole brand purchase is necessary and shall retain a written record for three (3) fiscal years following the end of the fiscal year during which the sole source or sole brand acquisition was made.&nbsp;</span></p> <p><span class="cls0">7. For sole source or sole brand acquisitions exceeding Five Thousand Dollars ($5,000.00) and not requiring submission of a requisition to the State Purchasing Director, the state agency's certified procurement officer shall document reasons a sole source or sole brand acquisition is necessary and shall retain a written record for three (3) fiscal years following the end of the fiscal year during which the sole source or sole brand acquisition was made.&nbsp;</span></p> <p><span class="cls0">8. The chief administrative officer of each state agency shall submit to the State Purchasing Director a monthly listing of all sole source and sole brand acquisitions exceeding Five Thousand Dollars ($5,000.00) executed by the state agency in the preceding month. The report shall indicate whether requisitions for sole source and sole brand acquisitions were disapproved or modified by the State Purchasing Director and information the State Purchasing Director requires.&nbsp;</span></p> <p><span class="cls0">9. The State Purchasing Director shall electronically provide to the Office of Management and Enterprise Services the information received pursuant to paragraph 8 of this subsection in machine-readable format and in the form the Office of Management and Enterprise Services requires.&nbsp;</span></p> <p><span class="cls0">B. By the fifteenth day of each month, or the first working day thereafter, the Office of Management and Enterprise Services shall provide a report from the information received pursuant to this section to:&nbsp;</span></p> <p><span class="cls0">1. The Speaker of the House of Representatives and the President Pro Tempore of the Senate;&nbsp;</span></p> <p><span class="cls0">2. The Majority and Minority Leaders of both the House of Representatives and the Senate;&nbsp;</span></p> <p><span class="cls0">3. The Chair and Vice-chair of the Appropriations and Budget Committee of the House of Representatives and the Appropriations Committee of the Senate; and&nbsp;</span></p> <p><span class="cls0">4. Any member of the Legislature requesting the report.&nbsp;</span></p> <p><span class="cls0">The report shall detail all sole source and sole brand acquisitions by state agencies for the month prior to the month preceding the submission of the report. The report shall be titled "Monthly Sole Source and Sole Brand Contracting Report of Oklahoma State Agencies" and indicate the time period of the report. The report shall be provided in physical form unless the requesting person specifies the electronic version. The report shall be signed by the Director of the Office of Management and Enterprise Services or the Director's designee. The report shall be in columnar database format and shall include at least the following fields of information: state agency number; state agency name; date created by the Office of Management and Enterprise Services for the requisition; date of either approval or disapproval of the requisition; if disapproved, the reason why such contract was disapproved; estimated amount of the requisition; purchase order amount; purchase order number; actual business name of supplier; supplier federal employer identification number; contact person; and the commodity classification listing at the appropriate level to distinguish between similar acquisitions. Information required by this subsection shall be reported and maintained on each report through the next reporting period after an acquisition is made. The applicable data in the fields of information specified in this subsection shall be listed even if the state agency requisition is disapproved.&nbsp;</span></p> <p><span class="cls0">C. The Office of Management and Enterprise Services shall maintain electronic historic data or any other data received pursuant to this section for at least two (2) years.&nbsp;</span></p> <p><span class="cls0">D. By August 15 of each year, from the data received pursuant to this section, the Office of Management and Enterprise Services shall complete and submit a report detailing the number of sole source or sole brand contracts issued by each state agency and a list of the business names of the suppliers who received sole source or sole brand awards during the previous fiscal year and if more than one such award, the number of awards so executed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 590, &sect; 1. Amended by Laws 1986, c. 173, &sect; 10, emerg. eff. May 12, 1986; Laws 1992, c. 250, &sect; 1, eff. July 1, 1992; Laws 1994, c. 59, &sect; 1, eff. July 1, 1994; Laws 1998, c. 371, &sect; 13, eff. Nov. 1, 1998. Renumbered from &sect; 89 of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 1999, c. 289, &sect; 14, eff. July 1, 1999; Laws 2001, c. 398, &sect; 1, emerg. eff. June 4, 2001; Laws 2009, c. 322, &sect; 14; Laws 2012, c. 304, &sect; 763.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.45k. See the following versions:&nbsp;</span></p> <p><span class="cls0">OS 74-85.45kv1 (HB 2197, Laws 2012, c. 106, &sect; 4).&nbsp;</span></p> <p><span class="cls0">OS 74-85.45kv2 (HB 3079, Laws 2012, c. 304, &sect; 764).&nbsp;</span></p> <p><span class="cls0">&sect;74-85.45l. See the following versions:&nbsp;</span></p> <p><span class="cls0">OS 74-85.45lv1 (HB 3079, Laws 2012, c. 304, &sect; 765).&nbsp;</span></p> <p><span class="cls0">OS 74-85.45lv2 (HB 2647, Laws 2012, c. 316, &sect; 6).&nbsp;</span></p> <p><span class="cls0">&sect;74-85.45o. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 5 of this act shall be known and may be cited as the "Oklahoma Online Bidding Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 60, &sect; 1, eff. July 1, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.45p. Intent of act.&nbsp;</span></p> <p><span class="cls0">The intent of the Oklahoma Online Bidding Act is:&nbsp;</span></p> <p><span class="cls0">1. To provide increased economy in state government procurement activities and to maximize to the fullest extent practicable the purchasing value of state monies while ensuring that procurements are the most advantageous to state agencies;&nbsp;</span></p> <p><span class="cls0">2. To foster effective broad-based competition for state procurement within the free enterprise system;&nbsp;</span></p> <p><span class="cls0">3. To modernize state statutes governing state government procurement and permit the continued development of explicit and thoroughly considered procurement policies and practices;&nbsp;</span></p> <p><span class="cls0">4. To ensure the fair and equitable treatment of all persons who deal with state government procurement processes and to promote increased public confidence in state government procurement procedures; and&nbsp;</span></p> <p><span class="cls0">5. To provide an ongoing funding source for new and innovative electronic procurement practices that would otherwise not be possible due to previous funding practices and guidelines.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 60, &sect; 2, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.45q. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Online Bidding Act:&nbsp;</span></p> <p><span class="cls0">1. "Information technology" means data processing, telecommunications, and office systems technologies and services;&nbsp;</span></p> <p><span class="cls0">2. "Services" means the furnishing of labor, time, or effort by a contractor not required to deliver a specific end product, other than reports which are merely incidental to required performance;&nbsp;</span></p> <p><span class="cls0">3. "Construction" shall be defined as provided by Section 202 of Title 61 of the Oklahoma Statutes for online bids subject to the Public Building Construction and Planning Act;&nbsp;</span></p> <p><span class="cls0">4. "Procurement" means buying, purchasing, renting, leasing, or otherwise acquiring any goods, services, construction, or information services. The term also means all functions that pertain to the obtaining of any goods, services, construction, or information services, including, but not limited to, the description of requirements, selection, and solicitation of sources, preparation and award of contracts, and all phases of contract administration;&nbsp;</span></p> <p><span class="cls0">5. "State agencies" or "agencies" shall be defined as provided by Section 85.2 of Title 74 of the Oklahoma Statutes for online bids subject to the Oklahoma Central Purchasing Act or as defined by Section 202 of Title 61 of the Oklahoma Statutes for online bids subject to the Public Building Construction and Planning Act;&nbsp;</span></p> <p><span class="cls0">6. "Online bidding" means an electronic procurement process in which state agencies receive bids from vendors for goods, services, construction, or information services over the Internet in a real-time, competitive bidding event;&nbsp;</span></p> <p><span class="cls0">7. "Internet" means the international computer network of both federal and nonfederal interoperable packet-switched data networks, including the graphical subnetwork called the World Wide Web; and&nbsp;</span></p> <p><span class="cls0">8. "Solicitation" means a request or invitation by the State Purchasing Director or a state agency for a supplier to submit a priced offer to sell acquisitions to the state. A solicitation may be an invitation to bid, request for proposal, or request for quotation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 60, &sect; 3, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.45r. Requirements of online bidding process &ndash; Limitations on application of act &ndash; Disclosure &ndash; Remedies.&nbsp;</span></p> <p><span class="cls0">A. When a state agency purchasing agent determines that electronic or online bidding is more advantageous than other procurement methods provided by the laws of this state, the purchasing agent may use online bidding to obtain bids as authorized by The Oklahoma Central Purchasing Act or the Public Building Construction and Planning Act for the purchase of goods, services, construction, or information services.&nbsp;</span></p> <p><span class="cls0">B. The online bidding process shall provide:&nbsp;</span></p> <p><span class="cls0">1. A designated opening and closing date and time. At the opening date and time, state agencies shall begin accepting online electronic bids. Online bids shall be accepted until the designated closing date and time, except as provided by paragraph 6 of this subsection;&nbsp;</span></p> <p><span class="cls0">2. The posting of all online bids electronically and updating of bids on a real-time basis by state agencies;&nbsp;</span></p> <p><span class="cls0">3. The authorization for state agencies to require bidders to register before the opening date and time and, as part of that registration, require bidders to agree to any terms, conditions or other requirements of the solicitation or applicable acts;&nbsp;</span></p> <p><span class="cls0">4. The authorization for state agencies to also require potential bidders to prequalify as bidders and to restrict solicitations to prequalified online bidders;&nbsp;</span></p> <p><span class="cls0">5. The retention of the authority of state agencies to determine the criteria that will be used as the basis for making awards; and&nbsp;</span></p> <p><span class="cls0">6. The authorization for the Director of the Office of Management and Enterprise Services, in the event the state agency determines that a significant error or event occurred that affected the electronic receipt of any online bid by the agency, to determine it is in the best interest of the state to allow the agency to accept an electronic bid after the specified official closing date and time.&nbsp;</span></p> <p><span class="cls0">C. The provisions of the Oklahoma Online Bidding Act shall not apply to bid or proposal sealing or opening provisions found in any state law other than The Oklahoma Central Purchasing Act or the Public Building Construction and Planning Act.&nbsp;</span></p> <p><span class="cls0">D. All bids submitted electronically through the online bidding process pursuant to the Oklahoma Online Bidding Act are subject to the same public disclosure laws that govern bids received pursuant to sealed bid procurement procedures pursuant to The Oklahoma Central Purchasing Act or the Public Building Construction and Planning Act.&nbsp;</span></p> <p><span class="cls0">E. All remedies available to state agencies and suppliers through the sealed bid process pursuant to The Oklahoma Central Purchasing Act or the Public Building Construction and Planning Act are also available to state agencies and online bidders in an online bidding process.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 60, &sect; 4, eff. July 1, 2003. Amended by Laws 2012, c. 304, &sect; 766.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.45s. Rules.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services shall promulgate rules to implement the Oklahoma Online Bidding Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 60, &sect; 5, eff. July 1, 2003. Amended by Laws 2012, c. 304, &sect; 767.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.46. Repealed by Laws 1990, c. 236, &sect; 12, eff. July 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;74-85.47. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Oklahoma Small Business Surety Bond Guaranty Program Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 236, &sect; 1, eff. July 1, 1991.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.47a. Definitions.&nbsp;</span></p> <p><span class="cls0">1. "Administrator" means the Small Business Surety Bond Guaranty Program Administrator;&nbsp;</span></p> <p><span class="cls0">2. "Fund" means the Small Business Surety Bond Guaranty Fund;&nbsp;</span></p> <p><span class="cls0">3. "Indemnity fund" means a fund established through the Office of Management and Enterprise Services to underwrite the Small Business Surety Bond Guaranty Program;&nbsp;</span></p> <p><span class="cls0">4. "Principal" means a small business entity as defined pursuant to Section 3 of the Small Business Act, 16 U.S.C. Section 632;&nbsp;</span></p> <p><span class="cls0">5. "Program" means the Small Business Surety Bond Guaranty Program; and&nbsp;</span></p> <p><span class="cls0">6. "Surety" means a corporation granted authority by the Insurance Commissioner to write bonds or insurance in this state guaranteeing the performance of contracts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 236, &sect; 2, eff. July 1, 1991. Amended by Laws 2012, c. 304, &sect; 768.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.47b. Administrator - Powers and duties.&nbsp;</span></p> <p><span class="cls0">The Administrator shall be authorized to:&nbsp;</span></p> <p><span class="cls0">1. Use the services of other governmental agencies and public trusts which are necessary to carry out the provisions of this act;&nbsp;</span></p> <p><span class="cls0">2. Contract for and accept, for use in carrying out the provisions of this program, loans and grants from the federal government and any of its agencies and instrumentalities and from public trusts;&nbsp;</span></p> <p><span class="cls0">3. Acquire, manage, operate, dispose of, or otherwise deal with property, take assignments of rentals and leases, and make contracts, leases, agreements and arrangements that are necessary or incidental to the performance of his duties;&nbsp;</span></p> <p><span class="cls0">4. Prescribe or approve the form of and terms and conditions in applications, guarantee agreements or any other documents entered into by the Administrator, principals or sureties in connection with the program;&nbsp;</span></p> <p><span class="cls0">5. Acquire or take assignments of documents executed, obtained or delivered in connection with any assistance provided under this program; and&nbsp;</span></p> <p><span class="cls0">6. Fix, determine, charge and collect any premiums and fees pursuant to rules promulgated by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 236, &sect; 3, eff. July 1, 1991. Amended by Laws 1992, c. 197, &sect; 1, eff. Sept. 1, 1992; Laws 2012, c. 304, &sect; 769.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.47c. Small Business Surety Bond Guaranty Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Small Business Surety Bond Guaranty Program to be designated the "Small Business Surety Bond Guaranty Fund". The fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of:&nbsp;</span></p> <p><span class="cls0">1. Premiums, fees, and any other amounts received with respect to bonding assistance provided under this program;&nbsp;</span></p> <p><span class="cls0">2. Proceeds from the sale, lease, or other disposition of property or contracts held or acquired by the Office of Management and Enterprise Services pursuant to this program;&nbsp;</span></p> <p><span class="cls0">3. Income from investments that the State Treasurer makes from monies in the fund; and&nbsp;</span></p> <p><span class="cls0">4. Any other monies made available under this program.&nbsp;</span></p> <p><span class="cls0">B. The fund shall be used:&nbsp;</span></p> <p><span class="cls0">1. For the purposes provided for in this program; and&nbsp;</span></p> <p><span class="cls0">2. To pay part or all of the expenses of administering the program.&nbsp;</span></p> <p><span class="cls0">C. All monies accruing to the credit of the fund shall be deposited with the State Treasurer and invested and reinvested in the same manner as other state funds, and any investment earnings shall be paid into the fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended for the purposes provided in subsection B of this section. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 236, &sect; 4, eff. July 1, 1991. Amended by Laws 2012, c. 304, &sect; 770.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.47d. Guaranty capabilities of program - Terms of guaranty - Establishment of indemnity fund.&nbsp;</span></p> <p><span class="cls0">A. Subject to the restrictions of the Oklahoma Small Business Surety Bond Guaranty Program Act, the Administrator, on application, may guarantee any surety which qualifies pursuant to this act for any losses incurred as a result of a principal's breach of a bid bond, a payment bond, a defect or maintenance bond, or a performance bond required for a public construction contract for the state, federal agencies and political subdivisions of the State of Oklahoma. Provided, the guaranty shall not be extended to any bond with a face value in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), nor shall the total face value of the bonds to which the guaranty is extended for any one principal exceed Five Hundred Thousand Dollars ($500,000.00). Provided further, the guaranty shall not be granted to an issuer of a letter of credit used in lieu of said bonds.&nbsp;</span></p> <p><span class="cls0">B. The terms of a guaranty under the Oklahoma Small Business Surety Bond Guaranty Program Act shall not exceed the terms of the contract for which bonding is obtained.&nbsp;</span></p> <p><span class="cls0">C. The Office of Management and Enterprise Services shall establish an indemnity fund for this program using a public trust or other entity capable of creating a fund which is not subject to the constitutional prohibitions of Sections 15 and 23 of Article X of the Oklahoma Constitution.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 236, &sect; 5, eff. July 1, 1991. Amended by Laws 1992, c. 197, &sect; 2, eff. Sept. 1, 1992; Laws 2012, c. 304, &sect; 771.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.47e. Requirements to obtain surety bond guaranty - Applications.&nbsp;</span></p> <p><span class="cls0">A. To qualify for a surety bond guaranty pursuant to the program, a surety and principal shall meet the requirements of this section.&nbsp;</span></p> <p><span class="cls0">B. A surety shall meet the following requirements:&nbsp;</span></p> <p><span class="cls0">1. Be a company which writes bid, payment, defect or maintenance, or performance bonds in its normal course of business;&nbsp;</span></p> <p><span class="cls0">2. Has not refused to provide said bonds for which the principal is submitting application to the program; and&nbsp;</span></p> <p><span class="cls0">3. Has been licensed to do surety business in the State of Oklahoma prior to July 1, 1991.&nbsp;</span></p> <p><span class="cls0">C. The principal shall satisfy the Administrator that:&nbsp;</span></p> <p><span class="cls0">1. As determined from creditors, employers and other individuals who have personal knowledge of the principal, the principal has a reputation for financial responsibility;&nbsp;</span></p> <p><span class="cls0">2. The principal is a resident of this state;&nbsp;</span></p> <p><span class="cls0">3. The principal is unable to obtain adequate bonding on reasonable terms and conditions through normal channels and has been denied such bonding by two sureties that write contract bonds.&nbsp;</span></p> <p><span class="cls0">4. Bonding is required in order for the principal to bid on public construction contracts or to serve as a prime contractor or subcontractor on such contracts.&nbsp;</span></p> <p><span class="cls0">D. The surety and principal shall submit to the Administrator an application for each contract on the form that the Administrator provides. The application for each contract shall include:&nbsp;</span></p> <p><span class="cls0">1. A detailed description of the project for which the contract is to be let;&nbsp;</span></p> <p><span class="cls0">2. An itemization of known and estimated costs;&nbsp;</span></p> <p><span class="cls0">3. The total amount of investment required to perform the contract;&nbsp;</span></p> <p><span class="cls0">4. The funds available to the principal for working capital;&nbsp;</span></p> <p><span class="cls0">5. The amount of bonding assistance sought from the program;&nbsp;</span></p> <p><span class="cls0">6. Information that relates to the financial status of the principal, including:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a current balance sheet,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a profit and loss statement, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;credit references;&nbsp;</span></p> <p><span class="cls0">7. A schedule of all existing and pending contracts and the current status of each; and&nbsp;</span></p> <p><span class="cls0">8. Any other relevant information that the Administrator requests.&nbsp;</span></p> <p><span class="cls0">E. After receipt of an application for assistance from the Oklahoma Small Business Surety Bond Guaranty Program, the Administrator may require that a principal shall provide an audited balance sheet before the Administrator makes a decision on the application.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 236, &sect; 6, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.47f. Premiums and fees.&nbsp;</span></p> <p><span class="cls0">A. The Administrator may set reasonable premiums and fees, not to exceed limits established by rules promulgated by the Director of the Office of Management and Enterprise Services, to be paid for the purpose of providing bonding assistance under this program.&nbsp;</span></p> <p><span class="cls0">B. The premiums and fees set by the Administrator shall be payable in the amounts, at the time and in the manner that the Administrator requires.&nbsp;</span></p> <p><span class="cls0">C. The premiums and fees need not be uniform among transactions, and may vary in amount:&nbsp;</span></p> <p><span class="cls0">1. Among transactions; and&nbsp;</span></p> <p><span class="cls0">2. At different stages during the terms of transactions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 236, &sect; 7, eff. July 1, 1991. Amended by Laws 1992, c. 197, &sect; 3, eff. Sept. 1, 1992; Laws 2012, c. 304, &sect; 772.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.47g. Administration of program.&nbsp;</span></p> <p><span class="cls0">The Small Business Surety Bond Guaranty Program shall be a program of the Office of Management and Enterprise Services. The Director of the Office of Management and Enterprise Services is authorized to hire a Small Business Surety Bond Guaranty Program Administrator to administer the Small Business Surety Bond Guaranty Program. The Administrator shall hold a bachelor's degree or higher degree in business, accounting, mathematics, economics or engineering and shall have previous experience as a surety underwriter. The Administrator shall be in the unclassified service of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 236, &sect; 8, eff. July 1, 1991. Amended by Laws 2012, c. 304, &sect; 773.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.47h. Prohibited acts - Penalties.&nbsp;</span></p> <p><span class="cls0">A. A person shall not knowingly make or cause any false statement or report to be made in any application or in any document furnished to the Administrator.&nbsp;</span></p> <p><span class="cls0">B. A person shall not knowingly make or cause any false statement or report to be made for the purpose of influencing the action of the Administrator on an application for assistance or for the purpose of influencing any action of the Administrator affecting bonding assistance whether or not such assistance may have already been extended.&nbsp;</span></p> <p><span class="cls0">C. Any person who violates any provision of this section shall be guilty of a felony and, upon conviction, shall be subject to a fine not exceeding Ten Thousand Dollars ($10,000.00) or imprisonment of up to five (5) years, or both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 236, &sect; 9, eff. July 1, 1991. Amended by Laws 1997, c. 133, &sect; 586, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 426, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 586 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.47i. Implementation of act - Rules and regulations.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services shall promulgate and adopt rules necessary to carry out the provisions of the Small Business Surety Bond Guaranty Program Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 236, &sect; 10, eff. July 1, 1991. Amended by Laws 2012, c. 304, &sect; 774.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.47j. Liability of state limited.&nbsp;</span></p> <p><span class="cls0">Nothing in this act shall be interpreted to constitute a financial obligation or general obligation of the state. No state revenue shall be used to guarantee, nor pay any losses suffered by any person or firm.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 236, &sect; 11, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7485.50. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Oklahoma State Recycling and Recycled Materials Procurement Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 311, &sect; 1, eff. July 1, 1988. Amended by Laws 1990, c. 145, &sect; 1, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.51. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma State Recycling and Recycled Materials Procurement Act:&nbsp;</span></p> <p><span class="cls0">1. " Office" means the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">2. "Paper recycling" means the processing of scrap paper or other such recoverable waste paper into reusable products. Such collection and recycling of recoverable waste paper shall be done in an environmentally acceptable manner;&nbsp;</span></p> <p><span class="cls0">3. "State public entity" means the State Legislature, any bureau, agency, board, commission, or authority of the state, the office of the Governor, the judiciary, or any state university, school district, or county of the state which is supported in whole or in part by state funds;&nbsp;</span></p> <p><span class="cls0">4. "Recoverable waste paper" generated by businesses or consumers, which has served its intended use and has been separated from solid waste for purposes of collection and recycling, shall include, but is not limited to, such paper as computer cards, computer print-out papers, copy paper, white office papers, colored office papers, corrugated boxes, newspapers, envelope coatings, bindery trimmings, printing scrap and butt rolls. Mill broke repulped internally within a paper manufacturing facility shall not be considered recoverable waste paper;&nbsp;</span></p> <p><span class="cls0">5. "Director" means the Director of the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">6. "Division" means the Purchasing Division of the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">7. "Recycled paper products" means all paper products manufactured from recoverable waste paper with not less than ten percent (10%) of their total weight consisting of waste paper.&nbsp;</span></p> <p><span class="cls0">8. "Products manufactured with recycled materials" means products that contain at least a minimum percentage of specified materials recovered from the recycling of post-consumer products as defined in rules and regulations promulgated by the Division;&nbsp;</span></p> <p><span class="cls0">9. "Recyclable materials" means materials or products which are capable of being recycled, including but not limited to paper, glass, plastics, metals, automobile oil, and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material; and&nbsp;</span></p> <p><span class="cls0">10. "Uncoated" means not coated with plastic, clay, or other material used to create a glossy finish.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, p. 1201, H.J.R. No. 1057, &sect; 1, eff. Oct. 1, 1980. Amended by Laws 1983, c. 304, &sect; 66, eff. July 1, 1983; Laws 1988, c. 311, &sect; 2, eff. July 1, 1988. Renumbered from &sect; 2766 of Title 63 by Laws 1988, c. 311, &sect; 9, eff. July 1, 1988. Amended by Laws 1990, c. 145, &sect; 2, operative July 1, 1990; Laws 1992, c. 155, &sect; 1, eff. July 1, 1992; Laws 2012, c. 304, &sect; 775.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.52. Intent of Legislature - Implementation of act - Exemptions.&nbsp;</span></p> <p><span class="cls0">A. It is the intent of the Legislature that all state public entities comply with the provisions of the Oklahoma State Recycling and Recycled Materials Procurement Act. All political subdivisions of this state are encouraged to collect and recycle recoverable waste paper and recyclable materials to the greatest extent possible. The Office of Management and Enterprise Services shall coordinate recycling efforts among the state public entities. The Director of the Office of Management and Enterprise Services shall adopt such rules, regulations, and orders as are necessary for the implementation of the Oklahoma State Recycling and Recycled Materials Procurement Act. The rules and regulations at a minimum shall establish procedures for:&nbsp;</span></p> <p><span class="cls0">1. The identification, handling, hauling, storing, safety factors, and disposition of recoverable waste paper and recyclable materials;&nbsp;</span></p> <p><span class="cls0">2. The separation of recoverable waste paper and recyclable materials from solid waste generated by state public entities;&nbsp;</span></p> <p><span class="cls0">3. A system for the collection of recoverable waste paper and recyclable materials from solid waste generated by state public entities;&nbsp;</span></p> <p><span class="cls0">4. Assuring that the recoverable waste paper and recyclable materials are made available to private industries for collection and recycling at the greatest economic value and to the greatest extent feasible. The Office may execute multiple contracts as necessary for purposes including but not limited to serving other government entities and different geographic areas of the state. In addition to the preference provisions of Section 85.53 of this title, rules and regulations governing availability of recyclable materials shall give preference to private recyclable materials industries that operate in Oklahoma, and that will employ residents of the state to handle, transport and sort such materials;&nbsp;</span></p> <p><span class="cls0">5. The purchase of uncoated office paper and printed paper whenever practicable; and&nbsp;</span></p> <p><span class="cls0">6. Separating for the purpose of recycling all recyclable materials including but not limited to lead acid batteries, waste oil and major appliances that are generated as solid waste by state public entities.&nbsp;</span></p> <p><span class="cls0">B. All state public entities shall comply with the procedures and systems established pursuant to the Oklahoma State Recycling and Recycled Materials Procurement Act.&nbsp;</span></p> <p><span class="cls0">C. 1. The Director may exempt any single activity or facility of any state public entity from compliance with rules promulgated pursuant to the Oklahoma State Recycling and Recycled Materials Procurement Act if the Director determines there is a lack of market availability or that it is not economically feasible to follow and comply with the procedures and systems established by the Director.&nbsp;</span></p> <p><span class="cls0">2. The exemption shall be for a period not in excess of one (1) year, but additional exemptions may be granted for periods not to exceed one (1) year.&nbsp;</span></p> <p><span class="cls0">3. The Director shall make public all exemptions together with the reasons for granting such exemptions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, p. 1201, H.J.R. No. 1057, &sect; 2, eff. Oct. 1, 1980. Amended by Laws 1983, c. 304, &sect; 67, eff. July 1, 1983; Laws 1988, c. 311, &sect; 3, eff. July 1, 1988. Renumbered from &sect; 2767 of Title 63 by Laws 1988, c. 311, &sect; 9, eff. July 1, 1988. Amended by Laws 1990, c. 145, &sect; 3, operative July 1, 1990; Laws 1992, c. 155, &sect; 2, eff. July 1, 1992; Laws 2012, c. 304, &sect; 776.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.53. State public entities to procure products and materials containing recycled materials - Intent of Legislature - Bids for state purchases - Rules and regulations - Procurement specifications.&nbsp;</span></p> <p><span class="cls0">A. It is the intent of the Legislature that all state public entities procure products or materials with the recycled content levels required or specified by rules promulgated pursuant to the provisions of this section when such products or materials are available.&nbsp;</span></p> <p><span class="cls0">B. By July 1, 1993, the Division when accepting bids for state purchases of supplies, equipment and materials shall give preference to the suppliers of paper products or products manufactured with recycled materials if:&nbsp;</span></p> <p><span class="cls0">1. The price for recycled products and materials is not substantially higher than the price for nonrecycled products and materials. The Office of Management and Enterprise Services shall establish by rule the annual percentage over and above the price of nonrecycled products and materials which will be allowed for the purchase of recycled products and materials; and&nbsp;</span></p> <p><span class="cls0">2. The quality and grade requirements are otherwise comparable.&nbsp;</span></p> <p><span class="cls0">C. By July 1, 1993, any state public entity not subject to The Central Purchasing Act when accepting bids for purchases of supplies, equipment and materials, shall give preference to the suppliers of recycled paper products and products manufactured from recycled materials if:&nbsp;</span></p> <p><span class="cls0">1. The price for recycled products and materials is not substantially higher than the price for nonrecycled products and materials. The price paid for recycled products and materials shall not exceed the percentage over the price for nonrecycled products and materials established by the Office; and&nbsp;</span></p> <p><span class="cls0">2. The quality and grade requirements are otherwise comparable.&nbsp;</span></p> <p><span class="cls0">D. The Purchasing Division and any state public entity not subject to The Central Purchasing Act shall ensure, to the greatest extent economically practical and possible, that the recycled or recovered content of all paper purchased by the Division or agency, measured as a proportion, by weight, of paper products purchased in a calendar year, is not less than the following:&nbsp;</span></p> <p><span class="cls0">1. By 1995, ten percent (10%) of all purchased paper;&nbsp;</span></p> <p><span class="cls0">2. By 1997, twenty-five percent (25%) of all purchased paper; and&nbsp;</span></p> <p><span class="cls0">3. By 1999, forty percent (40%) of all purchased paper.&nbsp;</span></p> <p><span class="cls0">E. 1. By July 1, 1993, the Division shall promulgate rules and implement a program for extending state procurement specifications to products manufactured with recycled materials and identifying recycled products.&nbsp;</span></p> <p><span class="cls0">2. By July 1, 1993, any state public entity not subject to The Central Purchasing Act shall implement a program for extending agency procurement specifications to products manufactured with recycled materials.&nbsp;</span></p> <p><span class="cls0">F. In writing specifications under this section, the Office and any other state public entity shall incorporate requirements relating to the recyclability and ultimate disposition of products and, wherever possible, shall write the specifications so as to minimize the amount of solid waste generated by the state. All specifications under this section shall discourage the purchase of single-use, disposable products and require, whenever practical, the purchase of multiple-use, durable products.&nbsp;</span></p> <p><span class="cls0">G. For materials that are not otherwise recycled, the Division and each state public entity not subject to The Central Purchasing Act shall, to the extent practicable, enter into agreements to purchase products made from recyclable materials from vendors who agree to purchase like materials separated from solid waste generated by the state for reuse or use as a raw material in manufacturing.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 311, &sect; 4, eff. July 1, 1988. Amended by Laws 1990, c. 145, &sect; 4, operative July 1, 1990; Laws 1992, c. 155, &sect; 3, eff. July 1, 1992; Laws 2012, c. 304, &sect; 777.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.54. Division and Director - Duties and responsibilities.&nbsp;</span></p> <p><span class="cls0">A. The Purchasing Division shall review the procurement specifications currently used by the Office of Management and Enterprise Services in order to eliminate, wherever economically feasible, discrimination against the procurement of recycled paper and other products manufactured with recycled materials.&nbsp;</span></p> <p><span class="cls0">B. The Division shall establish purchasing practices which, to the maximum extent economically feasible, assure purchase of recycled paper products.&nbsp;</span></p> <p><span class="cls0">C. The Director of the Office of Management and Enterprise Services shall review and incorporate, where appropriate, guidelines published in the Federal Register.&nbsp;</span></p> <p><span class="cls0">D. The Director shall promulgate rules to encourage recycling and conservation of purchased products.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 311, &sect; 5, eff. July 1, 1988. Amended by Laws 1990, c. 145, &sect; 5, operative July 1, 1990; Laws 1992, c. 155, &sect; 4, eff. July 1, 1992; Laws 1998, c. 364, &sect; 28, emerg. eff. June 8, 1998; Laws 2012, c. 304, &sect; 778.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7485.55. Public entities - Powers, duties and responsibilities.&nbsp;</span></p> <p><span class="cls0">A. Each state public entity whether or not subject to the Central Purchasing Act shall:&nbsp;</span></p> <p><span class="cls0">1. Be subject to the rules promulgated by the Purchasing Division regarding the purchase of recycled products;&nbsp;</span></p> <p><span class="cls0">2. Establish management practices in accordance with the provisions of the Oklahoma State Recycling and Recycled Materials Procurement Act;&nbsp;</span></p> <p><span class="cls0">3. Report by November 1 of each year to the Director of Central Services the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the total amount of waste paper and other recyclable materials sold during the previous fiscal year,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the amount of procured recycled paper products and other products manufactured with recycled materials, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the total amount of monies collected and expended to implement the Oklahoma State Recycling and Recycled Materials Procurement Act; and&nbsp;</span></p> <p><span class="cls0">4. The Director shall coordinate the information provided by state public entities and report and submit such information to the Governor, the President Pro Tempore of the Senate, and to the Speaker of the House of Representatives on or before January 15 of each year.&nbsp;</span></p> <p><span class="cls0">B. It is the intention of the Legislature that all state public entities and other governmental subdivisions of this state aggressively pursue procurement practices that encourage solid waste reduction and development of markets for recyclable materials and compost and shall, whenever practical, procure products containing recycled materials.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 311, &sect; 6, eff. July 1, 1988. Amended by Laws 1990, c. 145, &sect; 6, operative July 1, 1990; Laws 1992, c. 155, &sect; 5, eff. July 1, 1992; Laws 1998, c. 135, &sect; 1, emerg. eff. April 16, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.55a. Information clearinghouse - Joint agreements and contracts - Interstate transactions.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services shall maintain a clearinghouse of information regarding products made from recycled paper products and products manufactured with recycled materials for purchase by state public entities. The clearinghouse shall include information concerning the availability, price and quality of products made from recycled paper products and products manufactured with recycled materials. The clearinghouse shall also include information concerning vendors and other persons willing to purchase recyclable materials from state public entities. The Office shall develop a mechanism to make this information available to all state public entities.&nbsp;</span></p> <p><span class="cls0">B. The Office may enter into agreements with purchasing agents of any other state, local governments, or the federal government under which any of the parties may agree to participate in, administer, sponsor or conduct purchasing transactions under a joint contract for the purchase of materials, supplies, equipment, permanent personal property, miscellaneous capital or contractual services consistent with this act.&nbsp;</span></p> <p><span class="cls0">C. The Office may cooperate with purchasing agents and other interested parties of any other state, local governments, or the federal government to develop uniform purchasing specifications on a regional or national level to facilitate cooperative interstate purchasing transactions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 155, &sect; 6, eff. July 1, 1992. Amended by Laws 2012, c. 304, &sect; 779.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.56. State Recycling Revolving Fund - Use of revenues from sale of waste materials.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services, to be designated the "State Recycling Revolving Fund". The fund shall be administered in accordance with standard revolving fund procedures. The Office shall direct to the State Recycling Revolving Fund any federal or private grants which may qualify. The Office shall have the authority to expend monies from the fund for the purpose of implementing the Oklahoma State Recycling and Recycled Materials Procurement Act and to defray expenses the Office incurs to support recycling operations.&nbsp;</span></p> <p><span class="cls0">B. Revenues received from the sale of waste materials which can be recycled through any recycling programs operated by the Office shall be used to implement the Oklahoma State Recycling and Recycled Materials Procurement Act and to defray expenses the Office incurs to support recycling operations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, p. 1202, H.J.R. No. 1057, &sect; 3, eff. Oct. 1, 1980. Amended by Laws 1983, c. 304, &sect; 68, eff. July 1, 1983; Laws 1988, c. 311, &sect; 7, eff. July 1, 1988. Renumbered from &sect; 2768 of Title 63 by Laws 1988, c. 311, &sect; 9, eff. July 1, 1988. Amended by Laws 1990, c. 145, &sect; 7, operative July 1, 1990; Laws 2003, c. 372, &sect; 7, eff. July 1, 2003; Laws 2012, c. 304, &sect; 780.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.57. Employment of disabled workers, inmates of jails and correctional institutions and retired persons.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services, whenever possible, shall contract with, employ or utilize the services of the disabled workers, inmates of county jails, and the Department of Corrections and the retired as a labor force in the identification, handling, hauling, and storage of materials and products which can be recycled.&nbsp;</span></p> <p><span class="cls0">Laws 1980, p. 1202, H.J.R. No. 1057, &sect; 4, eff. Oct. 1, 1980. Amended by Laws 1983, c. 304, &sect; 69, eff. July 1, 1983; Laws 1988, c. 311, &sect; 8, eff. July 1, 1988. Renumbered from &sect; 2769 of Title 63 by Laws 1988, c. 311, &sect; 9, eff. July 1, 1988. Amended by Laws 1990, c. 145, &sect; 8, operative July 1, 1990; Laws 2012, c. 304, &sect; 781.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.58A. Comprehensive professional risk management program - Administrator - Participation by community action agencies.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services shall establish for all state agencies, whether or not subject to The Central Purchasing Act, and other entities as provided by law a comprehensive professional risk management program which shall:&nbsp;</span></p> <p><span class="cls0">1. Identify and evaluate risks of loss and exposures to loss to officers, employees and properties;&nbsp;</span></p> <p><span class="cls0">2. Minimize risks through loss-prevention and loss-control programs;&nbsp;</span></p> <p><span class="cls0">3. Transfer risks, if economically advantageous to the state, by acquiring commercial insurance, contractual pass through of liability, or by other means;&nbsp;</span></p> <p><span class="cls0">4. Consolidate and administer risk management plans and programs including self-insurance programs, except Workers' Compensation Insurance and State Employees Group Insurance;&nbsp;</span></p> <p><span class="cls0">5. Determine feasibility of and, if feasible, establish self-insurance programs, considering whether a program may be self-supporting to remain financially and actuarially sound;&nbsp;</span></p> <p><span class="cls0">6. Provide a system to allocate insurance and program costs to determine payment for insurance coverage and program expenses provided by the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">7. When requested by a state retirement system, CompSource Oklahoma or the State and Education Employees Group Insurance Board, assist in obtaining insurance authorized by law. If requested by the Oklahoma State Regents for Higher Education, assist trust funds for which the State Regents serve as trustees in obtaining insurance authorized by law;&nbsp;</span></p> <p><span class="cls0">8. Assist state agencies and officers, employees, and members thereof, charged with licensing authority, in obtaining insurance for liability for judgments, based on the licensing authority, rendered by any court pursuant to federal law;&nbsp;</span></p> <p><span class="cls0">9. When requested by a public trust established pursuant to Title 60 of the Oklahoma Statutes of which the State of Oklahoma is the beneficiary, obtain, provide or assist the public trust in obtaining insurance authorized by law or trust indenture covering any board member, trustee, official, officer, employee or volunteer for errors and omissions or liability risks arising from the performance of official duties pursuant to law or trust indenture; and&nbsp;</span></p> <p><span class="cls0">10. When requested by the Oklahoma State Regents for Higher Education, for the purpose of insuring real property required pursuant to Section 4018 of Title 70 of the Oklahoma Statutes, of which the Oklahoma State Regents for Higher Education is the beneficiary, obtain, provide or assist the Oklahoma State Regents for Higher Education in obtaining insurance for the real property pursuant to the provisions of this section.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Office of Management and Enterprise Services may hire or contract for the services of a Risk Management Administrator to supervise the Comprehensive Professional Risk Management Program established pursuant to this section. If appointed by the Director as a state employee, the Risk Management Administrator shall be in the unclassified service.&nbsp;</span></p> <p><span class="cls0">C. The Risk Management Administrator shall evaluate insurance coverage needs and in force for state agencies, whether or not subject to The Central Purchasing Act, and other entities as provided by law. All entities shall submit to the Risk Management Administrator all information which the Risk Management Administrator deems necessary to perform this duty.&nbsp;</span></p> <p><span class="cls0">D. The Risk Management Administrator in conjunction with the State Purchasing Director under the authority of the Director of the Office of Management and Enterprise Services may negotiate insurance coverage and insurance-related services, including, but not limited to, insurance brokerage and consulting services. The State Purchasing Director shall ensure open processes for solicitation and qualification of insurance coverage and services providers. The State Purchasing Director shall award contracts for insurance coverage and services to the provider or providers which offer the best and final terms and conditions. The State Purchasing Director may authorize the Risk Management Administrator to bind for insurance coverage with providers.&nbsp;</span></p> <p><span class="cls0">E. The school districts of this state may request the Risk Management Administrator to advise for the purchase of insurance coverage for the school districts.&nbsp;</span></p> <p><span class="cls0">F. A state agency, whether or not subject to The Central Purchasing Act, that contemplates purchase of property and casualty insurance, shall provide details of the proposed purchase to the Risk Management Administrator for approval or disapproval prior to the purchase.&nbsp;</span></p> <p><span class="cls0">G. The Director of the Office of Management and Enterprise Services shall promulgate rules to effect the provisions of the comprehensive professional risk management program.&nbsp;</span></p> <p class="cls2"><span class="cls0">H. 1. a.&nbsp;&nbsp;Any community action agency established pursuant to Sections 5035 through 5040 of this title may participate in the comprehensive professional risk management program established pursuant to this section for risks incurred as a result of operating a Head Start program or providing transportation services to the public. The Risk Management Administrator shall obtain or provide for insurance coverage for such community action agencies or bonding for employees of such community action agencies. Any liability insurance coverage obtained or provided shall include expenses for administrative and legal services obtained or provided by the Risk Management Administrator.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;The Risk Management Administrator shall determine criteria for participation in the risk management program by such community action agencies. In addition, the Risk Management Administrator may require each such community action agency to:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;provide adequate qualified personnel and suitable facilities and equipment for operating a Head Start program or providing transportation services to the public, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;comply with such standards as are necessary for the protection of the clients it serves.&nbsp;</span></p> <p><span class="cls0">2. To receive coverage pursuant to this section, a community action agency shall make payments for any insurance coverage and shall otherwise comply with the provisions of this section and rules promulgated by the Office pursuant to the provisions of this section.&nbsp;</span></p> <p><span class="cls0">3. Requests for the insurance coverage provided pursuant to the provisions of this subsection shall be submitted in writing to the Risk Management Administrator by the community action agencies.&nbsp;</span></p> <p><span class="cls0">I. The Risk Management Administrator may provide or obtain for any state agency, public trust with the state as a beneficiary and a director, officer, employee or member thereof, insurance for liability for loss, including judgments, awards, settlements, costs and legal expenses, resulting from violations of rights or privileges secured by the Constitution or laws of the United States of America which occur while a director, officer, employee or member is acting within the scope of service to the State of Oklahoma. The insurance shall be for coverage in excess of the limits on liability established by The Governmental Tort Claims Act but shall not limit or waive any immunities now or hereafter available to the State of Oklahoma or any state agency, any public trust with the state as a beneficiary, or any director, officer, employee or member thereof, including, but not limited to, any immunities under the Eleventh Amendment to the Constitution of the United States, state sovereign immunity, and any absolute or qualified immunity held by any director, officer, employee or member.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 141, &sect; 1, operative July 1, 1984. Amended by Laws 1985, c. 97, &sect; 1, emerg. eff. May 28, 1985; Laws 1986, c. 150, &sect; 24, emerg. eff. April 29, 1986; Laws 1986, c. 301, &sect; 31, operative July 1, 1986; Laws 1988, c. 321, &sect; 42, operative July 1, 1988; Laws 1989, c. 375, &sect; 15, emerg. eff. June 6, 1989; Laws 1990, c. 337, &sect; 21; Laws 1993, c. 177, &sect; 3, emerg. eff. May 13, 1993; Laws 1994, c. 329, &sect; 3, eff. July 1, 1994. Renumbered from &sect; 85.34 of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2002, c. 195, &sect; 1, eff. Nov. 1, 2002; Laws 2002, c. 483, &sect; 6, eff. July 1, 2002; Laws 2008, c. 352, &sect; 2, eff. Nov. 1, 2008; Laws 2012, c. 304, &sect; 782.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1989, c. 318, &sect; 4 repealed by Laws 1990, c. 337, &sect; 26.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.58B. Risk management insurance coverage - Fire protection.&nbsp;</span></p> <p><span class="cls0">A. The Risk Management Administrator, pursuant to the provisions of this section and Section 85.34 of this title, may obtain or provide insurance coverage for any vehicle, vessel or aircraft used for or in fire fighting or services provided by the districts, departments and services specified in subsection D of this section and may obtain or provide indemnity coverage for any board member, official, employee or volunteer of any entity specified in subsection D of this section for any errors and omissions or liability risks arising from the performance of their official duties pursuant to law.&nbsp;</span></p> <p><span class="cls0">B. The Risk Management Administrator, pursuant to the provisions of this section and Section 85.34 of this title, may obtain or provide insurance coverage for any building used for or in fire fighting or services specified in subsection D of this section. If a fire department, district or service specified in subsection D of this section is housed in a building with any department or unit of local governmental entities, the Risk Management Administrator may also obtain or provide building or structure insurance coverage for such department or unit in such building.&nbsp;</span></p> <p><span class="cls0">C. The Risk Management Administrator is authorized to determine eligibility criteria for participation in the Risk Management Program by such districts, departments and services or for such member, officer, employee or volunteer. In addition, the Risk Management Administrator is authorized to establish equipment and safety standards for the vehicles, vessels, aircraft or buildings to be covered by the Risk Management Program.&nbsp;</span></p> <p><span class="cls0">D. The Risk Management Administrator may obtain or provide the insurance coverage authorized by subsection A of this section for:&nbsp;</span></p> <p><span class="cls0">1. Fire protection districts organized and operated pursuant to the provisions of Sections 901.1 through 901.29 of Title 19 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. Volunteer or full-time fire departments established pursuant to Section 592 of Title 18 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">3. Municipal fire departments organized and operated pursuant to the provisions of Sections 29-101 through 29-108, and Sections 29-201 through 29-205 of Title 11 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">4. Fire protection services established pursuant to the provisions of Section 351 of Title 19 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">5. Rural fire coordinators employed by substate planning districts acting pursuant to rural fire defense programs.&nbsp;</span></p> <p><span class="cls0">E. The governing authorities of such fire departments, fire protection districts and fire protection services shall be required to make payments for such insurance coverage as provided by Section 85.37 of this title.&nbsp;</span></p> <p><span class="cls0">F. Requests for the insurance or indemnity coverage provided pursuant to the provisions of this section shall be submitted in writing to the Risk Management Administrator by the fire departments, fire protection districts or fire protection services specified in subsection C of this section. Those fire departments, fire protection districts or fire protection services meeting eligibility criteria shall be approved for participation in the Risk Management Program by the Risk Management Administrator if the member, officer, employee or volunteer, and the vehicles, vessels, aircraft and buildings used by districts, services or departments meet the equipment and safety standards and eligibility requirements established by the Risk Management Administrator.&nbsp;</span></p> <p><span class="cls0">G. Any insurance or indemnity coverage shall be obtained or provided solely from funds available in the shared risk pool authorized by Section 85.34B of this title. Any coverage limits shall be based on the liquidity of the shared risk pool resulting from the annual payments made pursuant to Section 85.37 of this title and any interest accrued thereon, after deduction of such sums as may be necessary to pay all overhead and administrative expenses associated with administering the pool.&nbsp;</span></p> <p><span class="cls0">H. Any limited indemnity coverage provided for errors and omissions pursuant to the provisions of this subsection shall only cover errors or omissions made by a board member, official, employee or volunteer of any entity specified in subsection C of this section occurring after the effective date of this act.&nbsp;</span></p> <p><span class="cls0">I. The State of Oklahoma is not liable, directly or indirectly, for the errors and omissions of any board member, official, employee or volunteer of any entity specified in subsection C of this section in the performance of his official duties pursuant to law. The State of Oklahoma is not liable, directly or indirectly, for the negligence of any entity specified in subsection C of this section.&nbsp;</span></p> <p><span class="cls0">J. In providing risk management services for any entity specified by subsection C of this section or any such board member, official, employee or volunteer of such entity, it is the intention of the Legislature to provide coverage solely to the extent of assets in the shared risk pool created by Section 85.34B of this title.&nbsp;</span></p> <p><span class="cls0">K. Any liability insurance coverage obtained or provided shall include expenses for legal services obtained or provided by the Risk Management Administrator.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 14, &sect; 1, emerg. eff. April 13, 1987. Amended by Laws 1991, c. 84, &sect; 1, eff. July 1, 1991; Laws 1992, c. 44, &sect; 4, emerg. eff. April 3, 1992; Laws 1994, c. 329, &sect; 4, eff. July 1, 1994. Renumbered from &sect; 85.34A of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.58C. Risk management insurance coverage - Rural gas districts.&nbsp;</span></p> <p><span class="cls0">A. The Risk Management Administrator, pursuant to the provisions of this section and Section 85.34 et seq. of Title 74 of the Oklahoma Statutes, may obtain or provide insurance coverage for any board member, personnel, property and vehicles necessary for use by rural gas districts organized and operated pursuant to the provisions of Section 1324.1 et seq. of Title 82 of the Oklahoma Statutes. The Risk Management Administrator is authorized to determine eligibility criteria for participation in the Risk Management Program by such districts. In addition, the Risk Management Administrator is authorized to establish equipment and safety standards for any vehicles, equipment, or property used by the district and covered by the Risk Management Program.&nbsp;</span></p> <p><span class="cls0">B. The governing authorities of the above-mentioned districts shall be required to make payments for such insurance coverage as provided by Section 85.37 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. Requests for the insurance coverage provided pursuant to the provisions of this section shall be submitted in writing to the Risk Management Administrator by the governing boards of the districts specified in subsection A of this section. Those districts meeting eligibility criteria shall be approved for participation in the Risk Management Program by the Risk Management Administrator if the vehicles, equipment and property meet the equipment and safety standards established by the Risk Management Administrator.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 209, &sect; 1, emerg. eff. May 23, 1995. Renumbered from &sect; 85.34A1 of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.58D. Risk Management Fire Protection Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services, to be designated the "Risk Management Fire Protection Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies transferred thereto by an act of the Legislature and any fees collected by the Office of Management and Enterprise Services in accordance with the provisions of Section 85.58B of this title. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Office of Management and Enterprise Services for the purposes of the Comprehensive Professional Risk Management Program provided for in Section 85.58A of this title, including the salaries and administrative expenses of support staff responsible for administering the fund and expenses the Office incurs to support program operations. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 203, &sect; 95, operative July 1, 1987. Amended by Laws 1997, c. 221, &sect; 5, eff. Nov. 1, 1997. Renumbered from &sect; 85.34B of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2003, c. 372, &sect; 8, eff. July 1, 2003; Laws 2012, c. 304, &sect; 783.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.58E. Risk management insurance coverage - Transportation for the elderly and handicapped.&nbsp;</span></p> <p><span class="cls0">A. The Risk Management Administrator, pursuant to the provisions of this section and Section 85.34 of Title 74 of the Oklahoma Statutes, may obtain or provide insurance coverage for any vehicle used by any entity specified in subsection B of this section for transportation services for elderly and/or handicapped persons. The Risk Management Administrator is authorized to determine eligibility criteria for participation in the Risk Management Program by such transportation services. In addition, the Risk Management Administrator is authorized to establish equipment and safety standards for the vehicles to be covered by the Risk Management Program.&nbsp;</span></p> <p><span class="cls0">B. The Risk Management Administrator may obtain or provide the insurance coverage authorized by subsection A of this section for:&nbsp;</span></p> <p><span class="cls0">1. Counties;&nbsp;</span></p> <p><span class="cls0">2. Municipalities;&nbsp;</span></p> <p><span class="cls0">3. Community action agencies designated pursuant to Sections 5035 through 5040 of Title 74 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">4. Any charitable corporation formed for the purpose of providing either a volunteer or full-time fire department, established pursuant to Section 592 of Title 18 of the Oklahoma Statutes, furnishing transportation for elderly and handicapped persons; and&nbsp;</span></p> <p><span class="cls0">5. Any vehicle owned and operated by a nonprofit organization that pursuant to contract with the state or a political subdivision of the state provides older persons transportation to and from medical, dental and religious services and relief from business and social isolation.&nbsp;</span></p> <p><span class="cls0">C. The governing authorities of such transportation services for elderly and handicapped persons shall be required to make payments for such insurance coverage as provided by Section 85.37 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">D. Requests for the insurance coverage provided pursuant to the provisions of this section shall be submitted in writing to the Risk Management Administrator by the transportation services for elderly and handicapped persons specified in subsection B of this section. Those transportation services for elderly and handicapped persons meeting eligibility criteria shall be approved for participation in the Risk Management Program by the Risk Management Administrator if the vehicles used by transportation services for elderly and handicapped persons meet the equipment and safety standards established by the Risk Management Administrator.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Added by Laws 1988, c. 40, &sect; 1, eff. Nov. 1, 1988. Renumbered from &sect; 85.34C of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.58F. Tort liability coverage for counties providing juvenile detention facilities.&nbsp;</span></p> <p><span class="cls0">A. The Risk Management Administrator pursuant to Section 85.58A of this title may obtain or provide insurance coverage for a county or counties at their request for any tort liability risks incurred as a result of providing or providing for the temporary detention of children in a juvenile detention facility pursuant to Sections 1-4-201 or 2-3-103 of Title 10A of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The Risk Management Administrator is authorized to determine eligibility criteria for participation in the Risk Management Program for such county or counties.&nbsp;</span></p> <p><span class="cls0">C. Such county or counties shall be required to make payments for such insurance coverage as provided by Section 85.58M of this title.&nbsp;</span></p> <p><span class="cls0">D. Requests for the insurance coverage provided pursuant to the provisions of this section shall be submitted in writing to the Risk Management Administrator by the county or counties.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 134, &sect; 2, emerg. eff. April 19, 1988. Renumbered from &sect; 85.34D of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2009, c. 234, &sect; 161, emerg. eff. May 21, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.58G. Risk Management Elderly and Handicapped Transportation Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services, to be designated the "Risk Management Elderly and Handicapped Transportation Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies transferred thereto by an act of the Legislature and any fees collected by the Office of Management and Enterprise Services in accordance with the provisions of Section 85.58E of this title. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Office of Management and Enterprise Services for the purposes of the Comprehensive Professional Risk Management Program provided for in Section 85.58A of this title, including the salaries and administrative expenses of support staff responsible for administering said fund and expenses the Department incurs to support program operations. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 305, &sect; 23, operative July 1, 1988. Renumbered from &sect; 85.34E of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2003, c. 372, &sect; 9, eff. July 1, 2003; Laws 2012, c. 304, &sect; 784.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.58H. Limited indemnity coverage for errors and omissions liability risks - Motor license agents and employees.&nbsp;</span></p> <p><span class="cls0">A. Upon written certification by the Director of the Office of Management and Enterprise Services that errors and omissions liability insurance for motor license agents and their employees is not reasonably available in the private market at competitive rates, after taking into account the administrative costs associated with such insurance, the Risk Management Administrator pursuant to Section 85.34 of this title may obtain or provide limited indemnity coverage for motor license agents and the employees who are employed by such agents for any errors and omissions liability risks arising from the performance of their official duties pursuant to law. Any such certification by the Director of the Office of Management and Enterprise Services shall be effective for a period of two (2) years. Any such limited indemnity coverage shall be obtained or provided solely from funds available in the shared risk pool authorized by this section and subject to the limitations set out herein. The Risk Management Administrator shall establish liability limits for such errors and omissions coverage on an annual basis. Any such limits shall be based on the liquidity of the shared risk pool resulting from the annual payments made pursuant to subsection C of this section and any interest accrued thereon, after deduction of such sums as may be necessary to pay all overhead and administrative expenses associated with administering the pool.&nbsp;</span></p> <p><span class="cls0">B. The Risk Management Administrator is authorized to determine eligibility criteria for participation in the Risk Management Program for such motor license agents and employees of such agents. Any limited indemnity coverage provided for errors and omissions pursuant to the provisions of this subsection shall only cover errors or omissions made by a motor license agent or any employee of such agent occurring after July 1, 1990.&nbsp;</span></p> <p><span class="cls0">C. Except as otherwise provided in subsection G of this section, motor license agents shall be required to make annual payments of Forty Dollars ($40.00) per motor license agent and Forty Dollars ($40.00) per employee of the motor license agent for such limited indemnity coverage. The Risk Management Administrator is authorized to assess an additional payment per year, not to exceed Forty Dollars ($40.00) per motor license agent and per employee of such agent, if the shared risk pool resulting from the payment of the fees made pursuant to this subsection is not adequate to cover any liability incurred.&nbsp;</span></p> <p><span class="cls0">D. Requests for the limited indemnity coverage provided pursuant to the provisions of this section shall be submitted in writing to the Risk Management Administrator by the motor license agents.&nbsp;</span></p> <p><span class="cls0">E. All fees collected in accordance with the provisions of this section shall be deposited in the Oklahoma Motor License Agent Indemnity Fund.&nbsp;</span></p> <p><span class="cls0">F. In providing risk management services for any motor license agent or employee of such agent, it is the intention of the Legislature to provide limited indemnification of motor license agents or employees of such agents for errors and omissions, solely to the extent of assets in the shared risk pool created by this section. The State of Oklahoma is not liable, directly or indirectly, for the errors and omissions of any motor license agent or any employee of such agent in the performance of official duties pursuant to law. The Risk Management Administrator shall determine the extent of indemnification for losses incurred by any such motor license agent or employee of such agent based upon the liquidity of the shared risk pool.&nbsp;</span></p> <p><span class="cls0">G. The Risk Management Administrator is authorized to establish a system under which the extent of indemnity coverage may be extended or reduced based upon an increase or decrease in the amount of the payment required in subsection C of this section. Said system shall only be established when the liquidity of the shared risk pool is such that the system is feasible in the judgment of the Administrator. Upon establishment of such a system, a motor license agent may elect to increase or decrease the amount of the payment required in subsection C of this section and correspondingly extend or reduce coverage for losses incurred by the motor license agent or employee of such agent.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 315, &sect; 7, eff. July 1, 1990. Amended by Laws 1994, c. 329, &sect; 5, eff. July 1, 1994; Laws 1998, c. 78, &sect; 2, emerg. eff. April 8, 1998. Renumbered from &sect; 85.34F of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2012, c. 304, &sect; 785.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.58I. Conservation districts - Participation in the Risk Management Program.&nbsp;</span></p> <p><span class="cls0">A. The Risk Management Administrator may obtain or provide the insurance coverage specified by this section for conservation districts established pursuant to Article III of Title 27A of the Oklahoma Statutes. Pursuant to the provisions of this section and Section 85.34 of Title 74 of the Oklahoma Statutes, the Risk Management Administrator may obtain or provide:&nbsp;</span></p> <p><span class="cls0">1. Property and casualty insurance for any vehicle, vessel or aircraft owned or operated by the conservation districts or services provided by conservation districts;&nbsp;</span></p> <p><span class="cls0">2. Indemnity coverage for any board member, official, employee or volunteer of any conservation district for any errors and omissions or liability risks arising from the performance of their official duties pursuant to law. Any limited indemnity coverage provided for errors and omissions pursuant to the provisions of this subsection shall only cover errors or omissions made by a board member, official, employee or volunteer of a conservation district occurring after the effective date of this section;&nbsp;</span></p> <p><span class="cls0">3. Property and casualty insurance coverage for any building owned or leased by the conservation districts. If a conservation district is housed in a building with any department or unit of local governmental entities, the Risk Management Administrator may also obtain or provide building or structure insurance coverage for such department or unit in the building;&nbsp;</span></p> <p><span class="cls0">4. Property and casualty insurance for any liability incurred by a conservation district as a result of the participation of the conservation district in the operation and maintenance of flood control structures or any liability occurring as a result of the participation of the conservation districts in federal or state programs authorized pursuant to Article III of Title 27A of the Oklahoma Statutes; or&nbsp;</span></p> <p><span class="cls0">5. Indemnity insurance for liability for loss, including judgments, awards, settlements, costs and legal expenses, resulting from violations of rights or privileges secured by the Constitution or laws of the United States which occur while a director, officer, employee or member is acting within the scope of his service to the conservation district. Such indemnity insurance shall be for coverage in excess of the limits on liability established by the Governmental Tort Claims Act but shall not limit or waive any immunities now or hereafter available to the conservation district, or any director, officer, employee or member thereof, including, but not limited to, any immunities under the Eleventh Amendment to the Constitution of the United States, state sovereign immunity, and any absolute or qualified immunity held by any director, officer, employee or member.&nbsp;</span></p> <p><span class="cls0">B. The Risk Management Administrator is authorized to determine eligibility criteria for participation in the Risk Management Program by conservation districts, or for such member, officer, employee or volunteer of any conservation district. In addition, the Risk Management Administrator is authorized to establish equipment and safety standards for the vehicles, vessels, aircraft, buildings or other structures to be covered by the Risk Management Program.&nbsp;</span></p> <p><span class="cls0">C. Requests for the insurance or indemnity coverage provided pursuant to the provisions of this section shall be submitted in writing to the Risk Management Administrator by the conservation district. Those conservation districts meeting eligibility criteria shall be approved for participation in the Risk Management Program by the Risk Management Administrator if the member, officer, employee or volunteer, and the vehicles, vessels, aircraft and buildings used by the conservation districts meet the equipment and safety standards and eligibility requirements established by the Risk Management Administrator. The Risk Management Administrator shall establish liability limits for the insurance coverage authorized by this section on an annual basis. Any such limits shall be based on the liquidity of the shared risk pool in the Conservation District Protection Account resulting from the annual payments made pursuant to Section 85.37 of Title 74 of the Oklahoma Statutes and any interest accrued thereon, after deduction of such sums as may be necessary to pay all overhead and administrative expenses associated with administering the pool.&nbsp;</span></p> <p><span class="cls0">D. The conservation districts shall be required to make payments for such insurance coverage. All fees collected in accordance with the provisions of this section shall be deposited in the Conservation District Protection Account within the Risk Management Political Subdivision Participation Revolving Fund.&nbsp;</span></p> <p><span class="cls0">E. 1. Any insurance or indemnity coverage shall be provided solely from funds in the Conservation District Protection Account and to the extent of assets available in the shared risk pool established pursuant to the provisions of Section 2 of this act. The Risk Management Administrator shall determine the extent of indemnification for losses incurred by any conservation district based upon the liquidity of the shared risk pool in the Conservation District Protection Account.&nbsp;</span></p> <p><span class="cls0">2. The State of Oklahoma is not liable, directly or indirectly, for any liability incurred by any board member, official, employee or volunteer of any conservation district in the performance of his official duties pursuant to law. In addition, the State of Oklahoma is not liable, directly or indirectly, for any liability incurred by a conservation district established pursuant to Article III of Title 27A of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">F. Any insurance coverage obtained or provided pursuant to the provisions of this section shall include expenses for legal services obtained or provided by the Risk Management Administrator.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 301, &sect; 1, eff. July 1, 1995. Renumbered from &sect; 85.34G of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-85.58J. Foster family homes - Property and casualty insurance.&nbsp;</span></p> <p><span class="cls0">A. 1. The Risk Management Administrator may obtain or otherwise provide for the insurance coverage specified by this section for a foster family home providing foster care services for children in the custody of the Department of Human Services pursuant to the Oklahoma Children's Code or the Department of Juvenile Justice pursuant to the Juvenile Justice Code.&nbsp;</span></p> <p><span class="cls0">2. Pursuant to the provisions of this section and Section 85.58A of this title, the Risk Management Administrator may obtain or otherwise provide for property and casualty insurance for injuries or damages arising from the foster care relationship and the provision of foster care services, property damage or bodily injury, as a result of the activities of the foster child, and reasonable and necessary legal fees incurred in defense of civil claims filed pursuant to this section, the Oklahoma Foster Care and Out-of-Home Placement Act, the Oklahoma Children's Code or the Juvenile Justice Code, and any judgments awarded as a result of such claims. Any insurance coverage obtained or provided pursuant to the provisions of this section shall include expenses for legal services obtained or provided by the Risk Management Administrator.&nbsp;</span></p> <p><span class="cls0">B. The Risk Management Administrator is authorized to establish qualifications for coverage and to determine eligibility criteria and other standards for participation in the Risk Management Program by the foster family homes. A foster family shall be approved for participation in the Risk Management Program by the Risk Management Administrator if the foster family meets the standards and eligibility requirements established by the Risk Management Administrator.&nbsp;</span></p> <p><span class="cls0">C. 1. A request for the insurance coverage provided pursuant to this section shall be submitted in writing to the Department of Human Services and the Department of Juvenile Justice by a foster care family. The Department of Human Services and the Department of Juvenile Justice shall provide a list of the names of all foster family homes which wish to obtain insurance coverage specified by this section to the Risk Management Administrators.&nbsp;</span></p> <p><span class="cls0">2. Upon obtaining insurance coverage as provided by this section, the Department of Human Services and the Department of Juvenile Justice shall provide notice to all foster family homes with whom the state agencies contract for foster care services.&nbsp;</span></p> <p><span class="cls0">D. The Risk Management Administrator shall establish liability limits for the insurance coverage authorized by this section on an annual basis based on the insurance carrier requirements or based on the liquidity of the shared risk pool in the Foster Families Protection Account resulting from the annual payments made pursuant to Section 85.58M of this title and any interest accrued thereon, after deduction of such sums as may be necessary to pay all overhead and administrative expenses associated with administering the pool.&nbsp;</span></p> <p><span class="cls0">E. A foster family shall be required to make payments for such insurance coverage or payments may be made from funds deposited on behalf of foster families by the Department of Human Services or the Department of Juvenile Justice if such funds are available. All fees collected in accordance with the provisions of this section shall be deposited in the Foster Families Protection Account. Claims against the insurance carrier or the pool shall be filed with either the Department of Human Services or the Department of Juvenile Justice, as appropriate, and shall be forwarded to the Risk Management Administrator.&nbsp;</span></p> <p><span class="cls0">F. 1. Any insurance or indemnity coverage shall be provided solely from funds in the Foster Families Protection Account and to the extent of assets available in the shared risk pool established pursuant to the provisions of this section. The Risk Management Administrator shall determine the extent of indemnification for losses incurred by any foster families based upon the liquidity of the shared risk pool in the Foster Families Protection Account.&nbsp;</span></p> <p><span class="cls0">2. The State of Oklahoma is not liable, directly or indirectly, for any liability incurred by a foster family in the performance of foster care services.&nbsp;</span></p> <p><span class="cls0">G. 1. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services, to be designated the "Foster Families Protection Account". The account shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies transferred thereto by the Department of Human Services, the Department of Juvenile Justice or any child-placing agency, and any fees collected by the Office of Management and Enterprise Services and deposited pursuant to law.&nbsp;</span></p> <p><span class="cls0">2. All monies accruing to the credit of said fund shall be expended by the Office of Management and Enterprise Services for the specific purposes specified by this section and the salaries and administrative expenses of support staff responsible for administering the fund.&nbsp;</span></p> <p><span class="cls0">3. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. The Foster Families Protection Account shall consist of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;all fees and other monies received pursuant to this section, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;interest attributable to investment of monies in the account.&nbsp;</span></p> <p><span class="cls0">H. 1. The monies deposited in the account shall at no time become monies of the state and shall not become part of the general budget of the Office of Management and Enterprise Services or any other state agency. Except as otherwise authorized by this subsection, no monies from the account shall be transferred for any purpose to any other state agency or any account of the Office of Management and Enterprise Services or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expense.&nbsp;</span></p> <p><span class="cls0">2. Monies in the account shall only be expended for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the purposes specified by this section, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;costs incurred by the Comprehensive Professional Risk Management Program for the administration of this section.&nbsp;</span></p> <p><span class="cls0">I. Any costs incurred by the Office of Management and Enterprise Services pursuant to the provisions of this section shall not exceed the actual expenditures made by the Office of Management and Enterprise Services to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">J. Payment of claims from the Foster Families Protection Account shall not become or be construed to be an obligation of this state. No claims submitted for reimbursement or payment from the account shall be paid with state monies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 353, &sect; 14, eff. Nov. 1, 1996. Renumbered from &sect; 85.34H of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2012, c. 304, &sect; 786.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.58K. Risk Management Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services, to be designated the "Risk Management Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies transferred thereto by act of the Legislature and any monies which may be deposited thereto by the Office of Management and Enterprise Services as provided for by law. All interest earned by the State Treasurer on monies deposited in the Risk Management Revolving Fund shall be deposited to the Risk Management Revolving Fund.&nbsp;</span></p> <p><span class="cls0">B. Within the Risk Management Revolving Fund, there is hereby created the Property and Casualty Account, the Motor Vehicle Liability Account and the General Tort Liability Account. The Director of the Office of Management and Enterprise Services is authorized to establish such additional accounts within the Risk Management Revolving Fund deemed necessary. The monies in each account shall be maintained actuarially separate to ensure that premiums or fees paid for specific insurance coverage are adequate to pay the expenses and claims for that coverage.&nbsp;</span></p> <p><span class="cls0">C. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Office of Management and Enterprise Services for the purposes of the Comprehensive Professional Risk Management Program provided for in Section 85.58A of this title, including but not limited to the salaries and administrative expenses of the Risk Management Administrator and support staff and expenses the Department incurs to support program operations. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 312, &sect; 43, emerg. eff. July 25, 1985. Amended by Laws 1989, c. 300, &sect; 19, operative July 1, 1989; Laws 1994, c. 329, &sect; 6, eff. July 1, 1994. Renumbered from &sect; 85.35 of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2003, c. 372, &sect; 10, eff. July 1, 2003; Laws 2012, c. 304, &sect; 787.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.58L. Risk Management Political Subdivision Participation Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services, to be designated the "Risk Management Political Subdivision Participation Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies transferred thereto by an act of the Legislature and any fees collected by the Office of Management and Enterprise Services and deposited pursuant to law. All monies accruing to the credit of said fund shall be expended by the Office of Management and Enterprise Services for the purposes specified by this section and the salaries and administrative expenses of support staff responsible for administering the fund and expenses the Office incurs to support program operations. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">B. Within the Risk Management Political Subdivision Participation Revolving Fund, there is hereby created the Conservation District Protection Account. The account shall be set apart as a separate, permanent and perpetual account not subject to fiscal year limitations and shall consist of:&nbsp;</span></p> <p><span class="cls0">1. All fees and other monies received pursuant to Section 85.58I of this title; and&nbsp;</span></p> <p><span class="cls0">2. Interest attributable to investment of monies in the account.&nbsp;</span></p> <p><span class="cls0">C. 1. The monies deposited in the Risk Management Political Subdivision Participation Revolving Fund shall at no time become monies of any other state agency. Except as otherwise authorized by this subsection, no monies from the Risk Management Political Subdivision Participation Revolving Fund shall be transferred for any purpose to any other state agency or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expense.&nbsp;</span></p> <p><span class="cls0">2. Monies in the Risk Management Political Subdivision Participation Revolving Fund shall only be expended for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the purposes specified by this section, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;costs incurred by the Comprehensive Professional Risk Management Program for the administration of duties this section specifies and expenses the Department incurs to support program operations.&nbsp;</span></p> <p><span class="cls0">D. Any costs incurred by the Office of Management and Enterprise Services pursuant to the provisions of this section shall not exceed the actual expenditures made by the Office of Management and Enterprise Services to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">E. Payment of claims from the Risk Management Political Subdivision Participation Revolving Fund shall not become or be construed to be an obligation of this state. No claims submitted for reimbursement or payment from the fund shall be paid with state monies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 301, &sect; 2, eff. July 1, 1995. Renumbered from &sect; 85.36A of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2003, c. 372, &sect; 11, eff. July 1, 2003; Laws 2012, c. 304, &sect; 788.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.58M. Insurance fee.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services shall levy and collect reasonable fees and premiums from state agencies and other entities as provided by law covered by the Comprehensive Professional Risk Management Program for the purpose of providing insurance coverage.&nbsp;</span></p> <p><span class="cls0">B. All fees and premiums shall be promptly paid when due. Fees and premiums collected in accordance with the provisions of this section shall be deposited in the appropriate risk management fund.&nbsp;</span></p> <p><span class="cls0">C. If a state agency fails to pay the insurance fees and premiums within forty-five (45) days of due date, the Office of Management and Enterprise Services shall consider the invoice delinquent. The Office of Management and Enterprise Services shall pay the invoice from monies available to the delinquent agency for the general operations of the agency which are not specifically prohibited for such use by federal or state law. If funds of the delinquent agency are not available to pay the invoice in full, the Office of Management and Enterprise Services shall submit claims as necessary to pay the invoice as soon as funds are available from the funds of the delinquent agency.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 312, &sect; 45, emerg. eff. July 25, 1985. Amended by Laws 1986, c. 301, &sect; 32, operative July 1, 1986; Laws 1987, c. 203, &sect; 99, operative July 1, 1987; Laws 1993, c. 133, &sect; 1, emerg. eff. May 4, 1993; Laws 1994, c. 329, &sect; 7, eff. July 1, 1994. Renumbered from &sect; 85.37 of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2002, c. 483, &sect; 7, eff. July 1, 2002; Laws 2012, c. 304, &sect; 789.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.58N. Quick Settlement Account.&nbsp;</span></p> <p><span class="cls0">The Special Agency Account Board shall create in the official depository of the State Treasury an agency special account for the Office of Management and Enterprise Services to be designated as the "Quick Settlement Account". The purpose of the account shall be the payment of liability claims against the state after a determination by the Risk Management Administration that such payments are in the best interest of the state, are in accordance with the laws and regulations governing the Comprehensive Professional Risk Management Program, and are in an amount not exceeding Ten Thousand Dollars ($10,000.00). No monies shall be expended from the Quick Settlement Account except as provided for in this section.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services shall transfer funds as necessary from the Risk Management Revolving Fund to the Quick Settlement Account, provided that the maximum sum held in the Quick Settlement Account shall not exceed Ten Thousand Dollars ($10,000.00), excluding funds in transit. Expenditures from the Quick Settlement Account shall be exempt from the provisions of The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 312, &sect; 46, emerg. eff. July 25, 1985. Amended by Laws 1994, c. 329, &sect; 8, eff. July 1, 1994. Renumbered from &sect; 85.38 of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2012, c. 304, &sect; 790.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.58O. Community action agency - Automobile, building and liability insurance - Limitation of liability.&nbsp;</span></p> <p><span class="cls0">A. The Risk Management Administrator, pursuant to the provisions of this section and Section 85.58A of Title 74 of the Oklahoma Statutes, may obtain or provide insurance coverage for any public transit vehicle obtained by a community action agency or a substate planning district through the Department of Transportation pursuant to a federal grant and may obtain or provide indemnity coverage for any official or employee of the community action agency or a substate planning district for any errors and omissions or liability risks arising from the performance of official duties pursuant to law.&nbsp;</span></p> <p><span class="cls0">B. The Risk Management Administrator, pursuant to the provisions of this section and Section 85.58A of Title 74 of the Oklahoma Statutes, may obtain or provide insurance coverage for any building used for public transit services or for storage of public transit vehicles if the public transit vehicles are obtained as provided in subsection A of this section. If a public transit vehicle obtained as provided for in subsection A of this section is housed in a building with any department or unit of local governmental entities, the Risk Management Administrator may also obtain or provide building or structure insurance coverage for such department or unit in such building.&nbsp;</span></p> <p><span class="cls0">C. The Risk Management Administrator is authorized to determine eligibility criteria for participation pursuant to this section in the Risk Management Program for a community action agency or a substate planning district or for officers or employees of a community action agency or a substate planning district. In addition, the Risk Management Administrator is authorized to establish equipment and safety standards for the vehicles or buildings to be covered by the Risk Management Program pursuant to this section.&nbsp;</span></p> <p><span class="cls0">D. Requests for the insurance or indemnity coverage provided pursuant to the provisions of this section shall be submitted in writing to the Risk Management Administrator by the community action agency or a substate planning district. Any community action agency or a substate planning district meeting eligibility criteria shall be approved for participation in the Risk Management Program by the Risk Management Administrator if the officers and employees and the vehicles and buildings used by the participating community action agency or a substate planning district meet the equipment and safety standards and eligibility requirements established by the Risk Management Administrator.&nbsp;</span></p> <p><span class="cls0">E. Any insurance or indemnity coverage shall be obtained or provided solely from funds available in the shared risk pool authorized by Section 3 of this act. Any coverage limits shall be based on the liquidity of the shared risk pool resulting from the annual payments made pursuant to Section 85.58M of Title 74 of the Oklahoma Statutes and any interest accrued thereon, after deduction of such sums as may be necessary to pay all overhead and administrative expenses associated with administering the pool.&nbsp;</span></p> <p><span class="cls0">F. Any limited indemnity coverage provided for errors and omissions pursuant to the provisions of this section shall only cover errors or omissions made by an official or employee of a community action agency or a substate planning district provided for in subsection A of this section occurring on or after the effective date of this act.&nbsp;</span></p> <p><span class="cls0">G. Notwithstanding the provisions of the Governmental Tort Claims Act, the State of Oklahoma is not liable, directly or indirectly, for the errors and omissions of any official or employee of any community action agency or a substate planning district provided for in subsection A of this section in the performance of official duties pursuant to law. The State of Oklahoma is not liable, directly or indirectly, for the negligence of any community action agency or a substate planning district provided for in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">H. In providing risk management services for any community action agency or a substate planning district provided for in subsection A of this section or official or employee of the community action agency or a substate planning district, it is the intention of the Legislature to provide coverage solely to the extent of assets in the shared risk pool created by Section 3 of this act.&nbsp;</span></p> <p><span class="cls0">I. Any liability insurance coverage obtained or provided shall include expenses for legal services obtained or provided by the Risk Management Administrator.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 440, &sect; 2, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.58P. Risk Management Public Transit Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services, to be designated the "Risk Management Public Transit Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies transferred thereto by an act of the Legislature and any fees collected by the Office of Management and Enterprise Services in accordance with the provisions of Section 85.58O of this title. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Office of Management and Enterprise Services for the purposes of the Comprehensive Professional Risk Management Program provided for in Section 85.58A of this title, including the salaries and administrative expenses of support staff responsible for administering the fund and expenses the Office incurs to support program operations. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 440, &sect; 3, eff. July 1, 2004. Amended by Laws 2012, c. 304, &sect; 791.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.60. Patented and copyrighted material - Negotiation and contracting for retention - State property rights - Deposit of sale proceeds.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided by Section 3206.3 of Title 70 of the Oklahoma Statutes, the Office of Management and Enterprise Services shall be the exclusive agency to negotiate and contract for the retention of patents and copyrights on material and property developed through state contracts subject to The Central Purchasing Act, unless an agency has been given specific authority to make such agreements by statute.&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise provided by Section 3206.3 of Title 70 of the Oklahoma Statutes and Section 1365 of this title, any patented property or copyrighted material developed by contracts subject to The Central Purchasing Act, shall be the property of the State of Oklahoma under the sole management of the Office of Management and Enterprise Services. Such property or material may be licensed or sold by the Office of Management and Enterprise Services using similar procedures governing the sale of other state property but without declaring such property to be surplus.&nbsp;</span></p> <p><span class="cls0">C. Proceeds from the sale of such property or material under the jurisdiction of the Office of Management and Enterprise Services shall be deposited to the General Fund of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">D. The Office of Management and Enterprise Services may contract with legal counsel experienced in the field of patent and copyright law to advise and assist that agency in carrying out its duties and responsibilities under this section for intellectual property under the jurisdiction of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 264, &sect; 86, operative July 1, 1990. Amended by Laws 1998, c. 211, &sect; 6, eff. July 1, 1998; Laws 2000, c. 322, &sect; 1, emerg. eff. June 5, 2000; Laws 2012, c. 304, &sect; 792.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.45kv1. State Travel Office.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the State Travel Office within the Purchasing Division of the Department of Central Services.&nbsp;</span></p> <p><span class="cls0">B. All state agencies and departments of this state shall make arrangements for all air travel on scheduled commercial airlines for state employees required to travel in the course of their official duties and for all other persons traveling at state expense through the State Travel Office, except when the state agency determines that:&nbsp;</span></p> <p><span class="cls0">1. The air travel services can be secured at a cost less than that which can be secured by the State Travel Office; or&nbsp;</span></p> <p><span class="cls0">2. The air travel originates from a location outside the state and it would be impractical to arrange for the air travel through the State Travel Office; or&nbsp;</span></p> <p><span class="cls0">3. The air travel is necessitated by an emergency and time does not permit utilization of the State Travel Office's services; or&nbsp;</span></p> <p><span class="cls0">4. The air travel is part of a package arrangement made by the organization scheduling the meeting or conference.&nbsp;</span></p> <p><span class="cls0">C. All claims made for reimbursement shall contain a statement showing the reason for the exemption.&nbsp;</span></p> <p><span class="cls0">D. The State Travel Office shall promulgate rules and contract specifications to which the contract travel agencies shall be subject. The rules and specifications shall be drawn with the intent of obtaining the lowest available fares for scheduled commercial air travel.&nbsp;</span></p> <p><span class="cls0">E. At the end of each month the contract travel agencies shall furnish a statement, in a form approved by the State Travel Office, showing certain details of all travel arrangements handled to each state agency for which the contract travel agencies have furnished their services and shall also furnish copies of said statements to the State Travel Office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 271, &sect; 1, eff. Nov. 1, 1985. Amended by Laws 1986, c. 203, &sect; 1, eff. Nov. 1, 1986; Laws 1993, c. 204, &sect; 1, eff. Sept. 1, 1993; Laws 1998, c. 371, &sect; 12, eff. Nov. 1, 1998. Renumbered from &sect; 79 of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2012, c. 106, &sect; 4.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.45kv2. State Travel Office.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the State Travel Office within the Purchasing Division of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. All state agencies and departments of this state shall make arrangements for all air travel on scheduled commercial airlines for state employees required to travel in the course of their official duties and for all other persons traveling at state expense through the State Travel Office, except when the state agency determines that:&nbsp;</span></p> <p><span class="cls0">1. The air travel services can be secured at a cost less than that which can be secured by the State Travel Office; or&nbsp;</span></p> <p><span class="cls0">2. The air travel originates from a location outside the state and it would be impractical to arrange for the air travel through the State Travel Office; or&nbsp;</span></p> <p><span class="cls0">3. The air travel is necessitated by an emergency and time does not permit utilization of the State Travel Office's services; or&nbsp;</span></p> <p><span class="cls0">4. The air travel is part of a package arrangement made by the organization scheduling the meeting or conference.&nbsp;</span></p> <p><span class="cls0">C. All claims made for reimbursement shall contain a statement showing the reason for the exemption.&nbsp;</span></p> <p><span class="cls0">D. The State Travel Office shall divide the state into high travel areas and low travel areas. A high travel area shall consist of no more than one county. Oklahoma, Tulsa, Payne and Cleveland Counties and any other county that accounts for a substantial portion of air travel at state expense shall be designated as high travel areas. The remaining counties of the state shall be designated as low travel areas. Low travel areas may consist of more than one county, as determined by the State Travel Office. The State Travel Office shall contract with no less than six private travel agencies in a high travel area and one or more private travel agencies in a low travel area to provide the scheduling and related travel services required to comply with this section. In order to take advantage of local competitive situations, institutions of The Oklahoma State System of Higher Education in high travel areas are authorized to solicit competitive bids for air travel services by travel agencies. If the bids result in greater savings than the state contract, then these institutions may issue individual contracts to not less than two travel agencies. Further, institutions of The Oklahoma State System of Higher Education in high travel areas are also authorized to solicit competitive bids for applicable city pair destination rates to airline companies. If the bids result in a greater savings than the state contract rates, these institutions may issue individual contracts to the airline companies with the lowest bids.&nbsp;</span></p> <p><span class="cls0">E. The State Travel Office shall promulgate rules and contract specifications to which the contract travel agencies shall be subject. The rules and specifications shall be drawn with the intent of obtaining the lowest available fares for scheduled commercial air travel.&nbsp;</span></p> <p><span class="cls0">F. At the end of each month the contract travel agencies shall furnish a statement, in a form approved by the State Travel Office, showing certain details of all travel arrangements handled to each state agency for which the contract travel agencies have furnished their services and shall also furnish copies of said statements to the State Travel Office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 271, &sect; 1, eff. Nov. 1, 1985. Amended by Laws 1986, c. 203, &sect; 1, eff. Nov. 1, 1986; Laws 1993, c. 204, &sect; 1, eff. Sept. 1, 1993; Laws 1998, c. 371, &sect; 12, eff. Nov. 1, 1998. Renumbered from &sect; 79 of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998. Amended by Laws 2012, c. 304, &sect; 764.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.45lv1. Trip Optimizer System &ndash; Purpose and application &ndash; Exceptions.&nbsp;</span></p> <p><span class="cls0">A. Each state agency, board, commission or other entity organized within the executive department of state government shall use the Trip Optimizer system of the Office of Management and Enterprise Services in computing the optimum method and cost for travel by state employees using a motor vehicle where the travel will exceed one hundred (100) miles per day and the employee is not driving a state-owned or -leased dedicated vehicle. For purposes of this section, "dedicated vehicle" means a vehicle that has been assigned to the employee.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall be used to determine the most cost-effective method of travel by motor vehicles, whether such vehicles are owned by the agency, leased by the agency or by the employee, and shall be applicable for purposes of determining the maximum authorized amount of any travel reimbursement for employees of such agencies related to vehicle usage.&nbsp;</span></p> <p><span class="cls0">C. A nonappropriated state agency, that employs persons who use personal vehicles as part of their regular duties and who are reimbursed for travel expenses by the agency shall not be required to utilize the Trip Optimizer system with regard to the travel expenses of such employees. As used in this section, "nonappropriated state agency" means an entity within the executive branch of government that does not receive any of its funding through the annual legislative appropriations process.&nbsp;</span></p> <p><span class="cls0">D. The maximum authorized amount of travel reimbursement related to vehicle usage shall be the lowest cost option as determined by the Trip Optimizer system. All travel claims submitted for reimbursement shall include the results of the Trip Optimizer system indicating the lowest cost option for travel by the state employee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 152, &sect; 1, eff. July 1, 2009. Amended by Laws 2011, c. 158, &sect; 1, eff. Nov. 1, 2011; Laws 2012, c. 304, &sect; 765.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.45lv2. Trip Optimizer system &ndash; Purpose and application - Exceptions.&nbsp;</span></p> <p><span class="cls0">A. Each state agency, board, commission or other entity organized within the executive department of state government shall use the Trip Optimizer system of the Department of Central Services in computing the optimum method and cost for travel by state employees using a motor vehicle where the travel will exceed one hundred (100) miles per day and the employee is not driving a state-owned or -leased dedicated vehicle. For purposes of this section, &ldquo;dedicated vehicle&rdquo; means a vehicle that has been assigned to the employee.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall be used to determine the most cost-effective method of travel by motor vehicles, whether such vehicles are owned by the agency, leased by the agency or by the employee, and shall be applicable for purposes of determining the maximum authorized amount of any travel reimbursement for employees of such agencies related to vehicle usage.&nbsp;</span></p> <p><span class="cls0">C. A nonappropriated state agency, that employs persons who use personal vehicles as part of their regular duties and who are reimbursed for travel expenses by the agency shall not be required to utilize the Trip Optimizer system with regard to the travel expenses of such employees. As used in this section, "nonappropriated state agency" means an entity within the executive branch of government that does not receive any of its funding through the annual legislative appropriations process.&nbsp;</span></p> <p><span class="cls0">D. The maximum authorized amount of travel reimbursement related to vehicle usage shall be the lowest cost option as determined by the Trip Optimizer system. All travel claims submitted for reimbursement shall include the results of the Trip Optimizer system indicating the lowest cost option for travel by the state employee.&nbsp;</span></p> <p><span class="cls0">E. State employees may be exempt from the reimbursement requirements of the Trip Optimizer system, provided the state employees utilize a personally owned vehicle and seek reimbursement according to the schedule referenced in subsection F of this section.&nbsp;</span></p> <p><span class="cls0">F. The Office of State Finance may publish a schedule of reimbursement rates for state employee travel. The schedule may apply to exemptions claimed under subsection E of this section. The schedule may categorize reimbursement rates by type of vehicle and shall not exceed standard mileage reimbursement rates as established by the Internal Revenue Service.&nbsp;</span></p> <p><span class="cls0">G. In providing a calculation of rates, the Trip Optimizer system shall account for the distance that an employee must travel to pick up a rental or state fleet vehicle.&nbsp;</span></p> <p><span class="cls0">H. In providing a calculation of rates, the Trip Optimizer system shall account for the long-term rate discounts offered through the state&rsquo;s purchasing contract for vehicle rentals.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 152, &sect; 1, eff. July 1, 2009. Amended by Laws 2011, c. 158, &sect; 1, eff. Nov. 1, 2011; Laws 2012, c. 316, &sect; 6, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-85.34A1. Renumbered as &sect; 85.58C of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-86.1. Renumbered as &sect; 34.65 of Title 62 by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;7487.1. Persons with authority to make State purchases Prohibition on furnishing supplies and equipment.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for the superintendent or business manager of any state agency or institution or any person with authority to purchase supplies, materials or equipment for such state agency or institution, or the spouse or child of either of them, to furnish such supplies, materials or equipment, or be interested by stock ownership or other profit sharing arrangements, in any business entity which is engaged in the furnishing of such supplies, materials or equipment to such agency, department or institution of the State of Oklahoma.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 229, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;7487.2. Penalties.&nbsp;</span></p> <p><span class="cls0">Any person violating the provisions of Section 1 of this act shall be guilty of a misdemeanor and upon conviction thereof shall be penalized by the payment of a sum of not to exceed One Thousand Dollars ($1,000.00) or imprisonment in the county jail for not to exceed ninety (90) days or by both such fine and imprisonment and any employment of such person in any office position or capacity by the State of Oklahoma shall be terminated immediately upon such conviction whether or not any fine or confinement is imposed by the court.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 229, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;7488.1. Inventory of State institution purchases to determine conformity with specifications Dismissal for failure to comply.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of each chief administrative officer of all State institutions to make or cause to be made an inventory of all purchases made for such institution at the time of their delivery or receipt for the purpose of determining whether the items delivered are in conformity with the specifications required of such items at the time of purchase and any such chief administrative officer, who fails to make or cause to be made such inventory, shall be relieved from his position by the appointing authority.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 590, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;7488.2. Report of deviation.&nbsp;</span></p> <p><span class="cls0">In the event the inventory required by this act reveals that such items deviate substantially from the specifications as ordered, such facts shall be reported by the Chief Administrative Office of the Institution to the Purchasing Director of the State of Oklahoma, and failure to make such report shall constitute a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 590, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;74-89. Renumbered as &sect; 85.45j of this title by Laws 1998, c. 371, &sect; 15, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-90.1. Postal services.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided for in this section, any agency, as defined in the Administrative Procedures Act, which has an expenditure for postage of Two Thousand Dollars ($2,000.00) or more for any one (1) fiscal year shall install a postage meter machine and have all purchases of postage recorded on that postage meter machine. Except, a field office or branch office of a state agency distantly located from the parent agency, and which office has an annual expenditure for postage of less than Two Thousand Dollars ($2,000.00), may purchase postage stamps in the manner prescribed by Section 90.2 of this title and such purchases shall not be subject to the provisions of subsection B of this section.&nbsp;</span></p> <p><span class="cls0">B. Any agency, as defined in the Administrative Procedures Act, not engaged in scientific research or community development, which finds it necessary, in order to more efficiently and effectively carry out certain programs or functions, is hereby authorized, upon making application to the Director of the Office of Management and Enterprise Services showing sufficient need and upon approval by said Director, to purchase not more than Two Thousand Dollars ($2,000.00) worth of postage stamps during any one (1) fiscal year in the manner prescribed by Section 90.2 of this title, with a method of accountability for the use thereof to be maintained and subject to audit. Any agency of the state engaged in scientific research or community development, which finds it necessary, in order to effectively carry out such research or development, is hereby authorized, upon making application to the Director of the Office of Management and Enterprise Services showing sufficient need and upon approval by the Director, to purchase postage stamps in the amount demonstrated necessary to pursue such research or development in the manner prescribed by Section 90.2 of this title, with a method of accountability for the use thereof to be maintained and subject to audit. Provided, however, the finance officer of such state agency shall keep and maintain a record of all postage stamp allocations within the agency. For purposes of this section, "scientific research" shall mean research conducted under formally sponsored grants or contracts; "community development" shall mean development conducted by a formally and permanently organized office for that purpose.&nbsp;</span></p> <p><span class="cls0">C. Every state agency shall utilize business reply mail accounts, bulk mailing accounts, postage due accounts, zip + 4 codes, mailer applied bar codes or such other services offered by the United States Postal Service for the purpose of reducing postal costs and promoting efficiency. The Office of Management and Enterprise Services shall oversee the implementation of the provisions of this subsection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 112, &sect; 1. Amended by Laws 1980, c. 162, &sect; 1, emerg. eff. April 14, 1980; Laws 1986, c. 241, &sect; 1, eff. Nov. 1, 1986; Laws 1992, c. 238, &sect; 1, eff. Sept. 1, 1992; Laws 1998, c. 364, &sect; 29, emerg. eff. June 8, 1998; Laws 2003, c. 218, &sect; 1, eff. Nov. 1, 2003; Laws 2006, c. 271, &sect; 34, eff. July 1, 2006; Laws 2012, c. 304, &sect; 793.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-90.2. Payment of postal expense.&nbsp;</span></p> <p><span class="cls0">Expenditures by any agency, board, commission, department or institution of the state for postage stamps or post office box rent shall only be made to United States Post Office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 112, &sect; 2. Amended by Laws 2010, c. 170, &sect; 4, eff. Nov. 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7490.3. Exemptions.&nbsp;</span></p> <p><span class="cls0">The traveling employees of the state shall be exempt from the terms of this act while traveling on state business. The House of Representatives and Senate of the Oklahoma State Legislature shall be exempt from the terms of this act.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1963, c. 112, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;7490.4. Installation cost and rental fees Payment.&nbsp;</span></p> <p><span class="cls0">The installation cost and rental of the postage meters required by this act shall be paid for by the agency, board, commission, department or institution from the appropriations of said agency, board, commission, department or institution.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1963, c. 112, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;7490.5. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of this act:&nbsp;</span></p> <p><span class="cls0">1. "State agency" means any agency, department, board or commission of the state or any state eleemosynary, educational, rehabilitative, correctional or custodial facility.&nbsp;</span></p> <p><span class="cls0">2. "Political subdivision" means any municipality, city, town, village, school or county.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1975, c. 72, &sect; 1, emerg. eff. April 18, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;7490.6. Purchase of imported beef by state agencies and political subdivision prohibited.&nbsp;</span></p> <p><span class="cls0">No state agency or political subdivision of the State of Oklahoma may purchase beef, or any product consisting substantially of beef, which has been imported from outside the United States of America.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1975, c. 72, &sect; 2, emerg. eff. April 18, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;7490.7. Penalty.&nbsp;</span></p> <p><span class="cls0">Any person knowingly and willfully violating this act shall be guilty of a misdemeanor.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1975, c. 72, &sect; 3, emerg. eff. April 18, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;74-94. Agency having authority to designate quarters and allot space for state departments - Leases.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided by law, the Office of Management and Enterprise Services shall have full and complete authority to designate quarters for every department of state government, and to determine what space shall be allotted.&nbsp;</span></p> <p><span class="cls0">B. The Office may lease adequate space in state buildings and facilities to private vendors for the location of automatic teller machines as determined necessary or appropriate by the Director of the Office. The Office is hereby authorized to fix the monthly amount to be paid by such vendors, which shall be deposited in the General Revenue Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1913, c. 197, p. 493, &sect; 4. Amended by Laws 1935, p. 24, &sect; 2, emerg. eff. May 10, 1935; Laws 1972, c. 67, &sect; 1, emerg. eff. March 28, 1972; Laws 1983, c. 304, &sect; 117, eff. July 1, 1983; Laws 1995, c. 268, &sect; 4; Laws 2006, c. 271, &sect; 35, eff. July 1, 2006; Laws 2012, c. 304, &sect; 794.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-95. Trade or transfer of products of state institutions.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services shall have full and complete authority to trade and transfer any products produced or manufactured by any state institution for any commodity required for the support, maintenance, or operation of any farm or manufacturing industry located at said institution. The Office of Management and Enterprise Services shall keep a full record of said trade or transfer, and report same to the Governor of the State of Oklahoma each quarter.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1913, c. 197, p. 439, &sect; 5, as Laws 1915, c. 214, &sect; 1, emerg. eff. April 2, 1915. Amended by Laws 1983, c. 304, &sect; 118, eff. July 1, 1983; Laws 2012, c. 304, &sect; 795.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-96. Property purchased from specific appropriations - Transfer to another department or institution.&nbsp;</span></p> <p><span class="cls0">In order that state property now located in one department or institution, which has been purchased out of an appropriation, specifically set up for such department or institution, which is not needed by such department or institution and is needed in other divisions of government, the Office of Management and Enterprise Services is hereby authorized to cause the transfer of such property to any department or institution in need of such excess property.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1935, p. 23, &sect; 1, emerg. eff. Feb. 28, 1935. Amended by Laws 1983, c. 304, &sect; 119, eff. July 1, 1983; Laws 2012, c. 304, &sect; 796.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-96.1. Property conveyed for public college or university - Office of Management and Enterprise Services to act - Limitations in deed.&nbsp;</span></p> <p><span class="cls0">A. Any property, real or personal, conveyed to the State of Oklahoma for the purpose of establishing or for the use and benefit of any public college or university in the State of Oklahoma, shall upon a request submitted to the Office of Management and Enterprise Services by the college or university which is the beneficiary of such conveyance, be conveyed to the board of regents of such college or university following a determination by the Office of Management and Enterprise Services, in its sole discretion, that such property has been and continues to be used for the benefit of such college or university.&nbsp;</span></p> <p><span class="cls0">B. The Office of Management and Enterprise Services is designated to act on behalf of the State of Oklahoma to implement a transfer from the State of Oklahoma to the designated board of regents of any property described in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">C. A recital by the Office of Management and Enterprise Services in any deed (i) that said deed is executed pursuant to this section or (ii) that the original purpose of the conveyance to the State of Oklahoma was for establishing or for the use and benefit of the college or university grantee and that the property continues to be used for the benefit of the college or university grantee shall create a conclusive presumption as to the facts contained in said recital.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 398, &sect; 1. Amended by Laws 2012, c. 304, &sect; 797.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-97. Oil or gas lease of lands of penal or eleemosynary institutions.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services is hereby authorized to lease for drilling and development of oil or gas, or both, any of the lands belonging to the state, on which are located penal or eleemosynary institutions, or are connected with or a part of the lands of such institution. Such leasing to be made by public competition after not less than fifteen (15) days' notice by publication in two newspapers authorized by law to publish legal notices, one of which newspapers shall be published at the State Capital, and the other in the county where the land is situated, and in such manner as said Office of Management and Enterprise Services may by rule prescribe. All such leasing must be on sealed bids and awarded to the highest responsible bidder, and for a term of not to exceed five (5) years from date and as long thereafter as oil and gas, or either of them, is produced in paying quantities from said land by the lessee, provided said Office may reject any and all bids. The oil and gas interest in such land hereby authorized to be leased, is to the extent and in the manner that a private owner of lands in fee, may in his own right, execute such lease or grant. Such lease before becoming effective or having validity, shall be approved by the Governor of the state or his designee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1917, c. 223, p. 407, &sect; 1, emerg. eff. March 23, 1917. Amended by Laws 1969, c. 312, &sect; 1; Laws 1983, c. 304, &sect; 120, eff. July 1, 1983; Laws 1992, c. 250, &sect; 7, eff. July 1, 1992; Laws 2012, c. 304, &sect; 798.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-98. Oil, gas and mineral leases upon state lands - Drilling contracts - Notice - Disposition of royalties, bonuses or rentals.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services is hereby authorized and empowered to offer for sale and sell and execute and deliver oil and gas or mineral leases upon the lands described in Section 1 of Title 73 under the control of said Office of Management and Enterprise Services. The Office of Management and Enterprise Services is hereby authorized and empowered to enter into contracts with persons or corporations for the drilling of oil and gas wells on any such property owned by the state. No such lease or drilling contract shall be entered into by said Office of Management and Enterprise Services which provides for the payment of a royalty to the State of Oklahoma of less than one-eighth (1/8) of all of the oil, gas, or casinghead gas produced, saved, and sold from said lands, plus cash bonus, of the royalty in said leases. Such Office shall give notice of its intention to offer for sale said lease or drilling contract by advertising said fact for a period of at least twenty-one (21) days in a legal newspaper published and of general circulation in the county where said lands are located. The Office shall award such lease, leases, or drilling contracts to the highest and best bidder. All bidding shall be by sealed written bids filed with said Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. The monies received as royalties, bonuses, or rentals by the Office of Management and Enterprise Services for the use and benefit of this state not paid by said Office of Management and Enterprise Services to the Treasurer shall be credited into the General Revenue Fund. All royalties, bonuses, and rentals accruing to the state from any contracts or leases executed pursuant to the provisions of subsection A of this section and all other monies received from the sale of any such leases, bonuses, and royalties or other contracts made by said Office of Management and Enterprise Services shall be credited to the Public Building Fund of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1935, p. 22, &sect; 1, emerg. eff. May 13, 1935. Amended by Laws 1936, Ex. Sess. p. 22, &sect; 1, emerg. eff. Jan. 6, 1937; Laws 1937, p. 86, &sect; 1, emerg. eff. May 14, 1937; Laws 1983, c. 304, &sect; 121, eff. July 1, 1983; Laws 2012, c. 304, &sect; 799.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-99. Oil and gas leases upon described state-owned lands.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services is hereby authorized and empowered to advertise, sell, and execute an oil and gas lease or leases upon the following described state-owned lands constituting a portion of the State Capitol grounds:&nbsp;</span></p> <p><span class="cls0">Beginning at a point One Hundred Fifty-two and Seventy-seven One-hundredths (152.77) feet east of the Southwest Corner of the Northeast One-quarter (NE 1/4) of Section Twenty-seven (27), Township Twelve (12) North, Range Three (3) West. Thence North Four (4) Degrees Thirty-one (31) Minutes East, Twelve Hundred Eight and Fifty-five One-hundredths (1,208.55) feet. Thence West Four Hundred Ninety-six (496.0) feet. Thence South Four (4) Degrees Thirty-one (31) Minutes East, Twelve Hundred Eight and Fifty-five One-hundredths (1,208.55) feet. Thence East Three Hundred Five and Fifty-four One-hundredths (305.54) feet to the place of beginning, containing Eleven and Eight One-hundredths (11.08) acres, more or less, situate in Oklahoma County, Oklahoma.&nbsp;</span></p> <p><span class="cls0">In advertising, selling, and executing such lease or leases, such Office shall follow the provisions and requirements of Section 98 of this title. The Office may provide for the consolidation of such lease or leases with a lease or leases upon other lands under such terms as such Office may determine.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1937, p. 26, &sect; 1, emerg. eff. Jan. 22, 1937. Amended by Laws 1983, c. 304, &sect; 122, eff. July 1, 1983; Laws 2012, c. 304, &sect; 800.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74101. Jurisdiction over lands covered by lease.&nbsp;</span></p> <p><span class="cls0">The lands described in Section One of this act shall be under the exclusive control and jurisdiction of the State of Oklahoma and the zoning and drilling regulations of any municipality of this state shall not apply thereto.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1937, p. 26, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;74102. Partial invalidity.&nbsp;</span></p> <p><span class="cls0">If any section, paragraph, sentence or phrase of this act shall be declared unconstitutional or void for any reason by any court of final jurisdiction, such decision shall not in any way invalidate or affect any other section, paragraph, sentence or phrase of this act but the same shall continue in full force and effect.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1937, p. 26, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;74-103. Development for oil and gas purposes of certain state-owned lands in Oklahoma City authorized - Agreements.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services is authorized to provide for the development for oil and gas purposes of the following described property:&nbsp;</span></p> <p><span class="cls0">All of the-state owned lands not now leased for oil and gas mining purposes within a radius of five hundred (500) yards of a point on the half-section line running north and south between the northeast fourth and northwest fourth of Section twenty-seven (27), Township Twelve (12) North, Range three (3) West of the Indian Meridian, and the center of Twenty-second (22) Street in Oklahoma City, Oklahoma, extended east from the right-of-way of the Atchison, Topeka and Santa Fe Railway Company.&nbsp;</span></p> <p><span class="cls0">The development of such property shall be by means of a well, or wells, located on adjacent state-owned lands. The Office of Management and Enterprise Services is authorized to enter into an agreement, or agreements, with the owner of the oil and gas lease, or leases, on adjacent state-owned lands, consolidating said tract with said adjacent state-owned lands or some part thereof for oil and gas development, upon such terms and conditions, and for such consideration as the Office of Management and Enterprise Services may prescribe. There shall be reserved to the state a royalty of not less than one fourth (1/4) of the oil and gas, or the proceeds thereof, that may be produced from the property first described. All development of the property first described for oil and gas purposes shall be by means of a well, or wells, located on the surface of said adjacent land but which may be directionally drilled and bottomed on and underneath the property first described.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 441, &sect; 1. Amended by Laws 1983, c. 304, &sect; 123, eff. July 1, 1983; Laws 2012, c. 304, &sect; 801.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-104. Use of other state-owned lands by lessees.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services may authorize the use by the oil and gas lessees of the state-owned land that lies west of the north portion of Lincoln Terrace Addition to Oklahoma City, Oklahoma, and known as the State Historical Site, or such part thereof as may be necessary, as a base for the drilling, operating, and producing of a well to be directionally drilled and bottomed under some part of Lincoln Terrace Addition to Oklahoma City, Oklahoma, together with the right to drill such well through so much of said state-owned land as such lessees shall deem necessary to cause the bottom of the well to be located in or under said Lincoln Terrace Addition, on such terms and conditions and for such consideration as the Office of Management and Enterprise Services may prescribe. Any such well drilled shall not be deemed to be a well drilled upon said Historical Site within the meaning and provisions of the oil and gas lease covering same.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 441, &sect; 2. Amended by Laws 1983, c. 304, &sect; 124, eff. July 1, 1983; Laws 2012, c. 304, &sect; 802.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74105. Exclusive control and jurisdiction of state.&nbsp;</span></p> <p><span class="cls0">The stateowned lands described in Section 1 and 2 of this act shall be under the exclusive control and jurisdiction of the State of Oklahoma and the zoning and drilling regulations of any municipality of this state shall not apply thereto or to any of the wells mentioned in this act.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1941, p. 442, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;74106. Payment of proceeds into General Revenue Fund.&nbsp;</span></p> <p><span class="cls0">All proceeds derived from any royalty under such leases or any bonus received from the sale of such leases, shall be paid into the General Revenue Fund of the state but this section shall not be a part of any contract with any lessee hereunder.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1941, p. 442, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;74-107. Oil and gas or mineral leases of state lands other than Capitol lands and parkways.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services is hereby authorized and empowered to sell and execute oil and gas leases, and other mining leases, on any of the lands of this state under the control of said Office of Management and Enterprise Services. Sale of Oklahoma State Capitol lands or parkways or the Executive Mansion lands shall be made upon a basis of a retained royalty of not less than one-eighth (1/8) of all the oil, gas, and other minerals produced therefrom, and such additional cash bonus as may be procured. Such leases shall contain a provision that in the event of the discovery of natural gas, gas shall be furnished free of charge to any state institution located or hereafter located upon the lands covered by said lease, or leases. Said leases shall be sold only after advertisement for a period of three (3) weeks in a legal newspaper published and of general circulation in the county in which said lands are located. The sale shall be made to the highest and best bidder, and all bids for any tract shall be presented to the Office of Management and Enterprise Services in sealed envelopes, and shall all be opened and considered at the same time. Said Office of Management and Enterprise Services shall have the right to reject any and all of said bids and again readvertise said lease, or leases, for sale.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services is further authorized to make and promulgate such additional rules and regulations as he may deem necessary and for the best interest of the state in facilitating the sale of said leases. The Director may contract with other state agencies to implement the provisions of this section and any expenses charged under such contract may be paid from the proceeds of the lease.&nbsp;</span></p> <p><span class="cls0">All monies derived from the sale of any and all of said leases, and from any royalties subsequently accruing, after deduction of the amount required to pay necessary and actual expenses of developing the lease, shall be paid into the State Treasury and credited to the General Revenue Fund of the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 440, &sect; 1. Amended by Laws 1943, p. 236, &sect; 1; Laws 1983, c. 304, &sect; 125, eff. July 1, 1983; Laws 1995, c. 342, &sect; 8, emerg. eff. June 9, 1995; Laws 2012, c. 304, &sect; 803.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-108.1. Lease of property formerly occupied by Russell Girls Home.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services is hereby authorized to lease the surface of a tract of land consisting of about ten (10) acres located in Oklahoma County, Oklahoma, formerly occupied and used by the state for the Russell Girls Home. Said lease shall be only for temporary periods of time, and shall contain a provision authorizing termination of such lease whenever the needs of state require said land. Said lease to be for a period not to exceed five (5) years with provisions for renewal thereof at the authorization of the said Office of Management and Enterprise Services, and to be upon such terms and consideration as the Office of Management and Enterprise Services deems adequate and proper.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1945, p. 379, &sect; 1, emerg. eff. May 5, 1945. Amended by Laws 1983, c. 304, &sect; 126, eff. July 1, 1983; Laws 2012, c. 304, &sect; 804.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74108.3. Purpose or use for which leased.&nbsp;</span></p> <p><span class="cls0">Such leases shall not be granted for a purpose or use that would interfere with or restrict in any manner the use to which other lands of the state are being used.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1945, p. 379, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;74-109.1. Release of expired options authorized.&nbsp;</span></p> <p><span class="cls0">If this state, including any of its departments, institutions, or agencies, has been granted an option to purchase any land, and the option has expired without being exercised, or if no specific time for the exercise of the option was specified, and the option has not been exercised for a period of two (2) years from the date thereof, the Office of Management and Enterprise Services, upon the application of the owner of such land, shall be authorized to release such option and to disclaim any interest in such land by reason of such option.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 586, &sect; 1, emerg. eff. April 29, 1947. Amended by Laws 1983, c. 304, &sect; 127, eff. July 1, 1983; Laws 2012, c. 304, &sect; 805.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-109.2. Investigation - Opinion of Attorney General - Filing.&nbsp;</span></p> <p><span class="cls0">Upon receiving any such application for release of an option to purchase, the Office of Management and Enterprise Services shall make a thorough investigation for the purpose of determining whether the state has, or claims, any present interest in such land by reason of such option contract. If after such investigation said Office determines that the state has no present interest in such land, a release and disclaimer shall be executed by said Office. In case of doubt, the Office shall submit the option and all relevant facts to the Attorney General for his opinion as to the interest of the state in said land. Any release and disclaimer executed by the Office of Management and Enterprise Services shall be filed for record in the office of the county clerk of the county where the land is located without charge.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 587, &sect; 2, emerg. eff. April 29, 1947. Amended by Laws 1983, c. 304, &sect; 128, eff. July 1, 1983; Laws 2012, c. 304, &sect; 806.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-110.1. Inventory by Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services shall maintain a current inventory of tangible assets owned by state boards, commissions, institutions, agencies and the institutions comprising The Oklahoma State System of Higher Education and the University Hospitals Authority.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Office of Management and Enterprise Services shall have authority to promulgate rules to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">C. For entities included in subsection A of this section, the Director of the Office of Management and Enterprise Services shall specify a tangible asset reporting threshold for each entity, not to exceed the federal capitalization rate specified in the Office of Management and Budget Circular A-21 or future federal circulars or regulations as amended. When establishing the tangible asset reporting threshold for an entity, the Director of the Office of Management and Enterprise Services shall consider the entity's capability to provide tangible asset records, finance and accounting systems, inventory accuracy and other pertinent factors.&nbsp;</span></p> <p><span class="cls0">D. Tangible assets shall consist of machinery, implements, tools, furniture, livestock, vehicles and other apparatus that may be used repeatedly without material impairment of its physical condition and have a calculable period of service and a value exceeding the reporting threshold the Director of the Office of Management and Enterprise Services establishes for the entity.&nbsp;</span></p> <p><span class="cls0">E. Rules that the Director of the Office of Management and Enterprise Services promulgates shall cause all tangible assets to be properly coded, tagged, or marked in such a manner that they may be readily identified as property of the State of Oklahoma and that statistical records may be maintained.&nbsp;</span></p> <p><span class="cls0">F. The Office of Management and Enterprise Services may make periodic checks of tangible assets of entities listed in subsection A of this section. All entities will make support personnel available to the Office of Management and Enterprise Services to report tangible asset acquisitions, assist with identification and update inventories on a periodic basis.&nbsp;</span></p> <p><span class="cls0">G. The Office of Management and Enterprise Services shall report missing tangible assets to state investigative or law enforcement officials.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 587, &sect; 1, emerg. eff. May 21, 1947. Amended by Laws 1969, c. 222, &sect; 1, emerg. eff. April 21, 1969; Laws 1977, c. 63, &sect; 1; Laws 1983, c. 304, &sect; 129, eff. July 1, 1983; Laws 1986, c. 246, &sect; 16, operative July 1, 1986; Laws 1992, c. 72, &sect; 1; Laws 1994, c. 283, &sect; 7, eff. Sept. 1, 1994; Laws 1998, c. 365, &sect; 12, eff. July 1, 1998; Laws 2002, c. 448, &sect; 1, eff. Nov. 1, 2002; Laws 2012, c. 304, &sect; 807.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-110.2. Inventory records of departments, boards, etc.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services may require inventory records to be maintained at state departments, boards, commissions, institutions, or agencies of the state, of all classes of supplies, books, machinery, implements, tools, furniture, livestock, and other apparatus as the Office deems necessary in order to comply with the provisions of Section 110.1 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 587, &sect; 2, emerg. eff. May 21, 1947. Amended by Laws 1983, c. 304, &sect; 130, eff. July 1, 1983; Laws 1985, c. 43, &sect; 4, operative July 1, 1985; Laws 2012, c. 304, &sect; 808.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-110.3. See the following versions:&nbsp;</span></p> <p><span class="cls0">OS 74-110.3v1 (HB 3079, Laws 2012, c. 304, &sect; 809).&nbsp;</span></p> <p><span class="cls0">OS 74-110.3v2 (HB 2647, Laws 2012, c. 316, &sect; 7).&nbsp;</span></p> <p><span class="cls0">&sect;74-110.3v1. State agencies - Inventory record of motor vehicles.&nbsp;</span></p> <p><span class="cls0">A. All state agencies shall maintain inventory records of its motor vehicles. The records shall include:&nbsp;</span></p> <p><span class="cls0">1. A detailed description of each vehicle, including its original cost;&nbsp;</span></p> <p><span class="cls0">2. The vehicle identification number;&nbsp;</span></p> <p><span class="cls0">3. The license tag number;&nbsp;</span></p> <p><span class="cls0">4. The make, model, and year of the vehicle; and&nbsp;</span></p> <p><span class="cls0">5. A designation of loaned or leased vehicles and the name of the vendor.&nbsp;</span></p> <p><span class="cls0">B. Each state agency shall provide motor vehicle inventory records to the Office of Management and Enterprise Services at such times as may be requested by the Fleet Management Division of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 43, &sect; 5, operative July 1, 1985. Amended by Laws 2012, c. 304, &sect; 809.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-110.3v2. State agencies &ndash; Inventory record of motor vehicles.&nbsp;</span></p> <p><span class="cls0">A. All state agencies shall maintain inventory records of its motor vehicles. The records shall include:&nbsp;</span></p> <p><span class="cls0">1. A detailed description of each vehicle, including its original cost;&nbsp;</span></p> <p><span class="cls0">2. The vehicle identification number;&nbsp;</span></p> <p><span class="cls0">3. The license tag number;&nbsp;</span></p> <p><span class="cls0">4. The make, model, and year of the vehicle; and&nbsp;</span></p> <p><span class="cls0">5. A designation of loaned or leased vehicles and the name of the vendor.&nbsp;</span></p> <p><span class="cls0">B. Each state agency regardless of the exceptions granted in Section 78 of this title shall provide motor vehicle inventory records to the Department of Central Services at such times as may be requested by the Fleet Management Division of the Department of Central Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 43, &sect; 5, operative July 1, 1985. Amended by Laws 2012, c. 316, &sect; 7, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-110.4. Higher Education Facilities Revolving Fund &ndash; Accounts and purpose.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Oklahoma State Regents for Higher Education to be designated the &ldquo;Higher Education Facilities Revolving Fund&rdquo;. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma State Regents for Higher Education from the assessment imposed pursuant to Section 354 of Title 17 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. There shall be two accounts established in such fund. It is the intent of the Legislature that one account shall be for the purpose of transfer and allocation to the University of Oklahoma for funding construction of a weather center on the campus of the University of Oklahoma and one account shall be for the purpose of transfer and allocation to Oklahoma State University for funding the purchase of equipment and renovation of facilities on the campus of Oklahoma State University for work on the application of advanced sensor technology for the detection of chemical and biological threats to homeland security. Any monies accruing to the credit of said fund shall be divided equally for deposit into the two accounts provided for herein. No funds deposited into one account shall be transferred into the other account. All monies in each account are hereby appropriated and may be budgeted and expended by the Oklahoma State Regents for Higher Education for the purpose of allocation and transfer to the University of Oklahoma and Oklahoma State University as specified herein. The monies deposited into the Higher Education Facilities Revolving Fund shall be in addition to and not a part of the appropriations made by the Legislature pursuant to Section 3 of Article XIII-A of the Oklahoma Constitution.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 23, &sect; 2, emerg. eff. March 19, 2002. Amended by Laws 2002, c. 371, &sect; 2, emerg. eff. June 4, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-111. Office of State Printer abolished - Duties transferred - Letting contracts.&nbsp;</span></p> <p><span class="cls0">The office of State Printer is hereby abolished, and the duties now provided by law to be performed by the State Printer and the State Printing Department shall be performed by the Office of Management and Enterprise Services. The Office of Management and Enterprise Services shall supervise and contract for all public printing and binding authorized by the Legislature, for the Governor, Supreme Court, and the several state institutions, state officers, or any state board or commission, created pursuant to the laws of the state. Contracts for such printing and binding shall be let pursuant to same terms and conditions as other contracts for state supplies are let by same Office of Management and Enterprise Services in the manner provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1913, c. 49, p. 87, &sect; 2. Amended by Laws 1983, c. 304, &sect; 131, eff. July 1, 1983; Laws 2012, c. 304, &sect; 810.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-114. Records - Reports.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services shall keep a complete set of books of all printing used by the state and shall report to the Governor semiannually, giving an itemized statement of the printing and binding used by each department, and the amount of printing done by each printing firm. Said report shall show the amount claimed and the amount allowed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1910-11, c. 130, p. 287, &sect; 3, emerg. eff. March 22, 1911. Amended by Laws 1983, c. 304, &sect; 132, eff. July 1, 1983; Laws 2012, c. 304, &sect; 811.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-121. Contract for auditing of books of state commissions or departments.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services, subject to the approval of the Governor, is hereby authorized to employ, or to contract with, an auditor or auditing company, to audit the books, records, and files of all state commissions or departments. Such audit is to be made by a certified accountant, or accountants or firm of certified accountants, who shall be approved by the Governor of the State of Oklahoma, contracts for such audit may be made with one or more separate certified accountants, or firm of certified accountants, for auditing of the several different departments or commissions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1931, p. 20, &sect; 1, emerg. eff. April 17, 1931. Amended by Laws 1983, c. 304, &sect; 135, eff. July 1, 1983; Laws 2012, c. 304, &sect; 812.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74122. Duty of auditor or auditing company Examination of books, records and files Scope of audit.&nbsp;</span></p> <p><span class="cls0">The auditor or auditing company so employed or contracted with is hereby authorized and directed to audit, and it shall be his or its duty to audit, the books, records, and files and transactions of the departments mentioned in Section 1 of this act, and to make a written report thereof to the Governor immediately after the completion of each said audits. In making said audit, said auditor, or auditing company, shall have authority to examine all the books, records and files of said departments, and to trace to any source where any shortage or maladministration seems probable. The audits authorized by this act shall cover such periods and relate to such matters and be of the scope and extent deemed necessary by the Governor.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1931, p. 20, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;74-123f. Convict-made goods - Sale or distribution prohibited - Exceptions.&nbsp;</span></p> <p><span class="cls0">No products, wares, or merchandise produced, manufactured, or mined, wholly or in part, by convicts or prisoners of this state, who are employed in the state prison industries program, may be offered for sale, sold, exchanged, or distributed in this state, whether contained in the original package or otherwise. This section shall not prohibit the sale or distribution of such products, wares, or merchandise by or for the state to departments, institutions, or agencies administered and supported by the state or its political subdivisions, and any other wholly or partially tax-supported institutions, or nonprofit charitable agencies for distribution to the needy. This section shall not prohibit the sale or distribution of such products, wares, or merchandise produced by Oklahoma Correctional Industries or products produced by the Agri-Services Division of the Department of Corrections by or for sale to employees or retirees of the State of Oklahoma, or to employees or retirees of any political subdivision of the state. This section shall not prohibit the sale or distribution of housing components produced by Oklahoma Correctional Industries by or for sale to any community action agency or council of governments within this state. This section shall not prohibit the sale of brick and building tile or furniture manufactured by said state institutions to churches which are located in the State of Oklahoma. All purchase orders made pursuant to the provisions of this section for such brick or building tile or furniture shall contain an affidavit stating that the brick or building tile shall not be used for purposes other than for the building of churches, or that the furniture shall not be used for any purpose other than church purposes. If said state departments, institutions, agencies, or nonprofit charitable agencies do not buy or contract to buy in advance of the season for which said wares or goods are made, and make a satisfactory guarantee to the Office of Management and Enterprise Services for fulfillment of their contract to purchase all the output, the state may then sell in open market any such goods or wares not generally manufactured in this state. The provisions of this section shall not apply to the sale or distribution of surplus perishable, agricultural products nor to individual articles made by hand by prisoners during their leisure time. This section shall not be construed as preventing the Office of Management and Enterprise Services or other state agency or agencies from manufacturing and selling such goods, wares, or merchandise as are not generally manufactured in this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1937, p. 115, &sect; 7, emerg. eff. May 22, 1937. Amended by Laws 1939, p. 115, &sect; 2, emerg. eff. April 25, 1939; Laws 1953, p. 407, &sect; 1, emerg. eff. June 8, 1953; Laws 1955, p. 459, &sect; 1, emerg. eff. June 7, 1955; Laws 1977, c. 258, &sect; 1, eff. Oct. 1, 1977; Laws 1983, c. 304, &sect; 136, eff. July 1, 1983; Laws 2003, c. 92, &sect; 2, eff. Nov. 1, 2003; Laws 2004, c. 398, &sect; 2; Laws 2006, c. 267, &sect; 2, eff. Nov. 1, 2006; Laws 2012, c. 304, &sect; 813.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-126.1. Easement and right-of-way grants - Exemptions.&nbsp;</span></p> <p><span class="cls0">A. The Director of the Office of Management and Enterprise Services is hereby authorized to grant easements, rights-of-way, and enter into contracts authorizing the construction and maintenance of telephone, electric transmission and distribution lines, railroad lines, telegraph lines, and pipelines across any state lands under the management of said Director, and all lands set apart for the use and benefit of any state agency, department, or institution including all lands set apart for use of colleges, universities, hospitals, and eleemosynary institutions. Said easements and rights-of-way grants shall be for a period not to exceed twenty (20) years and shall provide for such considerations, terms, and conditions including privileges and conditions of renewal, as the Director of the Office of Management and Enterprise Services may determine advisable for the best interests of the state institutions in possession thereof. This section and Section 126.2 of this title shall not affect the lands under the jurisdiction and control of the Commissioners of the Land Office of this state.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Ordnance Works Authority, the Midwestern Oklahoma Development Authority, and the Northeast Oklahoma Public Facilities Authority and their lands shall be exempt from the application of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 587, &sect; 1. Amended by Laws 1951, p. 249, &sect; 1; Laws 1983, c. 304, &sect; 137, eff. July 1, 1983; Laws 1985, p. 1682, H.J.R. No. 1039, &sect; 4, eff. Nov. 1, 1985; Laws 1986, c. 245, &sect; 8, emerg. eff. June 12, 1986; Laws 1997, c. 292, &sect; 6, eff. July 1, 1997; Laws 1998, c. 203, &sect; 7, emerg. eff. May 11, 1998; Laws 2012, c. 304, &sect; 814.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74126.2. Leases Exemptions.&nbsp;</span></p> <p><span class="cls0">A. The Director of Central Services is hereby authorized to lease for a temporary period of time the surface of any of the lands belonging to the state described in Section 126.1 of this title, which are not needed or required for the proper maintenance of the institutions or departments in possession thereof.&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise provided by Section 6201 of this title, said leases shall be for a period of time not exceeding three (3) years and upon such other terms and conditions as said Director may determine to be in the best interests of the state.&nbsp;</span></p> <p><span class="cls0">C. Except as otherwise provided by Section 6201 of this title, said leases shall provide for a termination of the lease upon reasonable notice in writing whenever the needs of the state or the institution in possession thereof requires said land.&nbsp;</span></p> <p><span class="cls0">D. Except as otherwise provided by Section 6201 of this title, said lease contracts shall not become effective until they are submitted to and approved by the Governor of this state or his or her designee.&nbsp;</span></p> <p><span class="cls0">E. The Director may also execute lease contracts for said lands to any institution or agency or department, commission, or municipal subdivision that requires the need of said land in conjunction with cooperation or participation in any city or state project authorized by law, if said contracts or agreements will not interfere with or restrict in any manner, the proper use of said lands by the state institution in possession thereof, and shall not become effective until after approval by the Governor or his or her designee.&nbsp;</span></p> <p><span class="cls0">F. The Oklahoma Ordnance Works Authority, the Midwestern Oklahoma Development Authority and the Northeast Oklahoma Public Facilities Authority and their lands shall be exempt from the application of this section.&nbsp;</span></p> <p><span class="cls0">G. Lands leased to private prison contractors pursuant to Section 561 of Title 57 of the Oklahoma Statutes shall be exempt from the application of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 588, &sect; 2. Amended by Laws 1983, c. 304, &sect; 138, eff. July 1, 1983; Laws 1985, p. 1682, H.J. Res. No. 1039, &sect; 5, eff. Nov. 1, 1985; Laws 1986, c. 245, &sect; 9, emerg. eff. June 12, 1986; Laws 1987, c. 80, &sect; 12, operative July 1, 1987; Laws 1992, c. 250, &sect; 8, eff. July 1, 1992; Laws 1997, c. 292, &sect; 7, eff. July 1, 1997; Laws 1998, c. 203, &sect; 8, emerg. eff. May 11, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-128.1. Director to take charge, manage and lease.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services is authorized and directed to take charge of, manage, and lease "Capitol Building Lands", described as follows:&nbsp;</span></p> <p><span class="cls0">Lots 31 and 32, Ethel Park Addition to Oklahoma City, Oklahoma, known as Tract No. 23, being a part of Section 23 - Twp. 12N - R - 3 West.&nbsp;</span></p> <p><span class="cls0">Lots 1, 2, 3, 4, 5, and lots 45, 46, 47, and 48 in Block 6, Ethel Park Addition to Oklahoma City, Oklahoma, known as Tract No. 24, being a part of Section 23 - Twp. 12 N - R - 3 West.&nbsp;</span></p> <p><span class="cls0">Lots 1, 2, 3, 4, 5, 6, and 43, 44, 45, 46, 47, and 48, Block 1, Ethel Park Addition to Oklahoma City, Oklahoma, known as Tract No. 25, being a part of Section 23 Twp. 12 N - R - 3 West.&nbsp;</span></p> <p><span class="cls0">Lots 30 and 31, Woody Crest Addition to Oklahoma City, Oklahoma, known as Tract No. 39, being a part of Section 22 - Twp. 12N - R - 3 West.&nbsp;</span></p> <p><span class="cls0">Lots 11 and 12, Stevens Hamill Addition to Oklahoma City, Oklahoma, known as Tract No. 19, being a part of Section 26 Twp. 12N - R - 3 West.&nbsp;</span></p> <p><span class="cls0">Lots 11 and 12, Block 3, Northeast Highland Addition to Oklahoma City, Oklahoma, known as Tract No. 40, being a part of Section 23 - Twp. 12N - R - 3 West.&nbsp;</span></p> <p><span class="cls0">Lots 35, 36, 37, and 38 Northeast Highland Addition to Oklahoma City, Oklahoma, known as Tract No. 44, being a part of Section 22 - Twp. 12N - R - 3 West.&nbsp;</span></p> <p><span class="cls0">Lots 7, 8, 9, and 10, Block 1, Donley Heights, a subdivision of Blocks 19 and 20, Barrows Second Addition to Oklahoma City, Oklahoma. Lots 31 and 32, Block 4, of the subdivision of Lots 9 and 10, and 23 and 24 of Barrows First and Second Additions to Oklahoma City, Oklahoma. Lots 11 and 12, Block 3, Northeast Highland Addition, being a part of Blocks 25 and 26, Barrows Second Addition to Oklahoma City, Oklahoma. All of the above lots in Barrows Addition being known as Tract No. 41.&nbsp;</span></p> <p><span class="cls0">A tract of land 48' x 128' facing NE 38th Street and located between Lindsay Avenue and First Street west known as Tract No. 29. Lots 9 and 10, Block 2, Stevens Hamill Addition to Oklahoma City, Oklahoma, known as Tract No. 18, being a part of Section 26 - Twp. 12 N - R - 3 West.&nbsp;</span></p> <p><span class="cls0">Lots 13 through 24, inclusive, Block 2, Frances Heights Addition to Oklahoma City, Oklahoma, known as Tract No. 43, being a part of Section 22 - Twp. 12 N - R - 3 West.&nbsp;</span></p> <p><span class="cls0">Lots 5, 6, 11, 12, 19 and 20, Block 2, Hares Lake View Addition, situated approximately two and one-half (2 1/2) miles Northeast of Oklahoma City, Oklahoma, known as Tract No. 30, being a part of Section 11 - Twp. 12 N - R - 3 West.&nbsp;</span></p> <p><span class="cls0">Also the following acreage tracts of land:&nbsp;</span></p> <p><span class="cls0">Two (2) acres, situated three and one-half (3 1/2) miles East on 23rd Street hence two (2) miles North, thence one-half (1/2) mile East, thence one-fourth (1/4) mile North from the State Capitol Building, known as Tract No. 3, being a part of SE 1/4 of SW 1/4 of Section 8 - Twp. 12 N - R - 2 West.&nbsp;</span></p> <p><span class="cls0">Five (5) acres, situated one and one-half (1 1/2) miles East and one and one-half (1 1/2) miles North of the State Capitol Building, facing on Eastern Avenue and laying directly South of Springlake Park, and known as Tract No. 28. Also described as S 1/2 of SE 1/4 of NE 1/4 of SE 1/4 of Section 14, Township 12 North, Range 3 West.&nbsp;</span></p> <p><span class="cls0">Also other lots and tracts not listed or described above constituting the small balance of "State Capitol Building Land" not heretofore disposed of pursuant to the provision of Chapter 298, Session Laws 1919.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 588, &sect; 1, emerg. eff. May 16, 1947. Amended by Laws 1983, c. 304, &sect; 139, eff. July 1, 1983; Laws 2012, c. 304, &sect; 815.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-128.2. Inventory and appraisal - Sale.&nbsp;</span></p> <p><span class="cls0">Said Office of Management and Enterprise Services shall make or cause to be made a full and complete inventory and appraisal of the property described in Section 128.1 of this title. Said Office may offer for sale to the highest bidder at public sale all of the lots, blocks, or acreage tracts of said "Capitol Building Lands" that are not used by the state and which, in the judgment of said Office, will not be required for future use by the state. Said property shall be offered for sale in separate lots or tracts, for cash, to the highest bidder. Said sale shall be at public auction or under sealed bids whichever the Office may determine to be most advantageous. The sale shall be advertised in a newspaper of general circulation in Oklahoma County, Oklahoma, for not less than thirty (30) days prior to the date of sale. The notice shall contain an accurate description of all the property to be sold and terms and conditions of said sale.&nbsp;</span></p> <p><span class="cls0">The lands so offered for sale shall be subject to a reservation by this state in one-half (1/2) of all the mineral rights therein. If royalties are not paid to the state from any of the above-described lots or tracts of land, the sale of such properties shall be made subject to a reservation by this state of all of the mineral rights therein under said lots or tracts. The Office of Management and Enterprise Services shall reserve the right to refuse any and all bids for said property. No sale of any portion of said land shall be confirmed at a price less than ninety percent (90%) of the appraised value. All sales shall be approved by the Governor. All conveyances of said land shall be executed by the Commissioners of the Land Office upon request of said Office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 589, &sect; 2, emerg. eff. May 16, 1947. Amended by Laws 1983, c. 304, &sect; 140, eff. July 1, 1983; Laws 2012, c. 304, &sect; 816.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-128.3. Disposition of proceeds - Leases for oil and gas purposes.&nbsp;</span></p> <p><span class="cls0">After payment of all costs incurred in the inventory and appraisal and advertisement and costs of sale, the remaining proceeds therefrom, and any monies derived from leasing the property described in Section 128.1 of this title, shall be deposited in a special "Capitol Building Maintenance and Repair Fund". The fund shall be used for the maintenance and repair of all State Capitol Buildings, grounds, shrubbery, boulevards, and streets surrounding the same. The funds shall be paid upon claims made therefor by the Office of Management and Enterprise Services and approved by the Director of the Office of Management and Enterprise Services. The leasing for oil and gas purposes of any such lands and the proceeds therefrom shall be conducted and handled by the Office of Management and Enterprise Services pursuant to Section 107 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 590, &sect; 3, emerg. eff. May 16, 1947. Amended by Laws 1983, c. 304, &sect; 141, eff. July 1, 1983; Laws 2010, c. 413, &sect; 27, eff. July 1, 2010; Laws 2012, c. 304, &sect; 817.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-129.4. Procedures for disposal or lease of certain state-owned real property.&nbsp;</span></p> <p><span class="cls0">A. Unless procedures for state agency transactions to lease or acquire real property, or lease, dispose of or transfer state-owned real property are otherwise provided for by law, no department, board, commission, institution, or agency of this state shall sell, lease, exchange, or otherwise dispose of such real property subject to its jurisdiction except as provided for in this section.&nbsp;</span></p> <p><span class="cls0">B. 1. Every department, board, commission, institution, or agency, upon legislative authorization to dispose of a parcel of real property or upon a determination, in writing, by said department, board, commission, institution, or agency that a parcel of real property subject to its jurisdiction is no longer needed by said department, board, commission, institution, or agency, shall request the Office of Management and Enterprise Services to dispose of said real property.&nbsp;</span></p> <p><span class="cls0">2. Upon notification by the department, board, commission, institution, or agency to sell a parcel of real property, the Office of Management and Enterprise Services shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;when appropriate, determine whether a study conducted pursuant to Section 456.7 of this title is in the best interest of the state,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;obtain three new and complete appraisals on properties with an estimated value that equals or exceeds One Million Dollars ($1,000,000.00); or, two new and complete appraisals on properties with an estimated value greater than One Hundred Thousand Dollars ($100,000.00) and less than One Million Dollars ($1,000,000.00); or, one new and complete appraisal on properties with an estimated value less than One Hundred Thousand Dollars ($100,000.00). The appraisals shall be made by persons certified by the Real Estate Appraiser Board of the Oklahoma Insurance Department, who shall ascertain:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;the present fair value of the property, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;the present value of the improvements on such property, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;the actual condition of the improvements on the property,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;cause notice of such sale to be published for at least one (1) day in a newspaper of general statewide circulation authorized to publish legal notices, and for at least three (3) consecutive weeks in a newspaper of general circulation published in the county or counties in which the property is located. The notice shall contain the legal description of each parcel of real property to be offered for sale, the appraised value thereof, the time and location of the sale or opening of the bids, and terms of the sale including the fact that no parcel of property shall be sold for less than ninety percent (90%) of the appraised value of the real property, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;offer said property through public auction or sealed bids within three (3) weeks after the last publication of the notice in said newspapers. The property shall be sold to the highest bidder. The Office of Management and Enterprise Services shall not accept a bid of less than ninety percent (90%) of the appraised fair value of the property and the improvements on such property. The Office of Management and Enterprise Services is authorized to reject all bids.&nbsp;</span></p> <p><span class="cls0">3. The cost of the appraisements required by the provisions of this section, together with other necessary expenses incurred pursuant to this section, shall be paid by the department, board, commission, institution, or agency for which the real property is to be sold from funds available to said department, board, commission, institution, or agency for such expenditure. All monies received from the sale or disposal of said property, except those monies necessary to pay the expenses incurred pursuant to this section, shall be deposited in the General Revenue Fund.&nbsp;</span></p> <p><span class="cls0">C. Unless otherwise provided by law, the Office of Management and Enterprise Services shall review and approve state agency transactions to lease or acquire real property, or lease, dispose of or transfer state-owned real property. A state agency shall not lease or acquire real property, or lease, dispose of or transfer state-owned real property until the Office provides notice of transaction approval to the state agency. Prior to approval, a state agency shall provide documents to the Office and provide reference to statutory or other legal authority of the state agency to lease or acquire real property, or lease, dispose of or transfer state-owned real property. If the state agency intends to lease or acquire real property, the state agency shall state the intended use of the real property. Within thirty (30) days of receipt, the Office shall provide notice of transaction approval or disapproval to the state agency.&nbsp;</span></p> <p><span class="cls0">D. The provisions of this section shall not apply to the lease of office space, real property subject to supervision of the Commissioners of the Land Office or district boards of education.&nbsp;</span></p> <p><span class="cls0">E. The Office of Management and Enterprise Services shall maintain a comprehensive inventory of state-owned real property and its use excluding property of the public schools and property subject to the jurisdiction of the Commissioners of the Land Office.&nbsp;</span></p> <p><span class="cls0">1. Each state agency shall, within thirty (30) days of the closing date for lands newly acquired, provide to the Office a list of records, deeds, abstracts and other title instruments showing the description of and relating to any and all such lands or interests therein.&nbsp;</span></p> <p><span class="cls0">2. The provisions of paragraph 1 of this subsection shall apply to all lands of public trusts having a state agency as the primary benefactor, but shall not apply to lands of municipalities, counties, school districts, or agencies thereof, or Department of Transportation rights-of-way.&nbsp;</span></p> <p><span class="cls0">3. A state agency that sells or otherwise disposes of land shall notify the Office within thirty (30) days of the disposition closing date.&nbsp;</span></p> <p><span class="cls0">F. This section shall not be construed to authorize any department, board, commission, institution, or agency, not otherwise authorized by law, to sell, lease, or otherwise dispose of any real property owned by the state.&nbsp;</span></p> <p><span class="cls0">G. The Office of Management and Enterprise Services may provide services to sell or purchase real property for other state agencies.&nbsp;</span></p> <p><span class="cls0">H. The Director of the Office of Management and Enterprise Services shall, pursuant to the Administrative Procedures Act, promulgate rules to effect procedures necessary to the fulfillment of its responsibilities under this section.&nbsp;</span></p> <p><span class="cls0">I. The Oklahoma Ordnance Works Authority and its lands, and the Northeast Oklahoma Public Facilities Authority shall be exempt from the application of this section. The Grand River Dam Authority and its lands shall be exempt from the application of this section for any real property disposed of prior to November 1, 2006.&nbsp;</span></p> <p><span class="cls0">J. Unless otherwise provided for by law, the procedures established pursuant to this section for the sale or exchange of real estate or personal property as authorized pursuant to Sections 2222 and 2223 of this title shall be followed unless the sale is to an entity of state government.&nbsp;</span></p> <p><span class="cls0">K. The Director of the Office of Management and Enterprise Services shall contract with experts, professionals or consultants as necessary to perform the duties of the Department. Selections shall be made using the qualifications-based procedures established in Section 62 of Title 61 of the Oklahoma Statutes, and the rules promulgated by the Director for the selection of construction managers and design consultants.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 304, &sect; 181, eff. July 1, 1983. Amended by Laws 1985, p. 1682, H.J.R. No. 1039, &sect; 6, eff. Nov. 1, 1985; Laws 1997, c. 292, &sect; 8, eff. July 1, 1997; Laws 1998, c. 203, &sect; 9, emerg. eff. May 11, 1998; Laws 2003, c. 372, &sect; 17, eff. July 1, 2003; Laws 2005, c. 234, &sect; 2, emerg. eff. May 26, 2005; Laws 2006, c. 271, &sect; 36, eff. July 1, 2006; Laws 2012, c. 304, &sect; 818.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-129.4f. Facilities management software program &ndash; Authority to procure software and implement program.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services may:&nbsp;</span></p> <p><span class="cls0">1. Research and identify available facilities management software applications and existing facilities management software systems in other state agencies;&nbsp;</span></p> <p><span class="cls0">2. Procure facilities management software in accordance with the requirements of The Oklahoma Central Purchasing Act; and&nbsp;</span></p> <p><span class="cls0">3. Implement a comprehensive statewide facilities management software program in order to effectively identify state-owned real property and to efficiently and fiscally manage the long-range deferred maintenance funding requirements of such real property.&nbsp;</span></p> <p><span class="cls0">State agencies that have existing facilities management software systems shall cooperate with the Office in the integration of existing and future maintenance data into the statewide system database. It shall not be a requirement that the software directly interface with any other computer system. After full operational status of the management program is achieved, the Office of Management and Enterprise Services shall make an annual facilities condition assessment report to the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the State Senate, and the Governor. Provisions of this section shall not apply to the physical assets, buildings, and equipment of the Oklahoma State Regents for Higher Education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 198, &sect; 1, eff. July 1, 2006. Amended by Laws 2012, c. 304, &sect; 819.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74129.5. Lease of certain land to City of Pauls Valley for sewage services authorized.&nbsp;</span></p> <p><span class="cls0">The Department of Human Services is hereby authorized to lease, subject to the approval of the Commission, the following land at the Southern Oklahoma Resource Center of Pauls Valley to the City of Pauls Valley for use by the city for providing sewage services upon such terms and conditions as determined by the Department of Human Services:&nbsp;</span></p> <p><span class="cls0">A. A tract of land located in the S 1/2 N 1/2 and the S 1/2 of Section 28, Township 3 North, Range 1 East of the Indian Meridian, Garvin County, Oklahoma, more particularly described as follows: Beginning at the SE corner of said Section 28, thence North along the section line a distance of 3,350.76 feet to the Westerly rightofway line of Gulf Colorado and Santa Fe Railroad; Thence in a Northwesterly direction along said rightofway a distance of 632.25 feet to the North line of said S 1/2 N 1/2; Thence West along North line of said S 1/2 N 1/2 to a point that is 450 feet East of the NW corner of SE 1/4 of NE 1/4 of said Section 28; Thence South 10 degrees 10 minutes 27 seconds West along existing fence a distance of 1,548.00 feet to a point; Thence North 73 degrees 28 minutes 43 seconds West along said fence a distance of 139.67 feet; Thence South 01 degree 25 minutes 37 seconds East along said fence a distance of 2,474.45 feet to the South line of said Section 28; Thence East along the section line a distance of 1,213 feet to the point of beginning and containing one hundred three and fortythree onehundredths (103.43) acres, more or less.&nbsp;</span></p> <p><span class="cls0">B. A tract of land located in the N 1/2 of the NE 1/4 of Section 33, Township 3 North, Range 1 East of the Indian Meridian, Garvin County, Oklahoma, and being more particularly described as follows: Beginning at the NE corner of said Section 33; Thence West along section line a distance of 1,213 feet; Thence South 24 degrees 38 minutes West along an existing fence line a distance of 83 feet; Thence South 07 degrees 42 minutes East along said fence a distance of 421.83 feet to the center line of an EastWest dirt road; Thence North 88 degrees 34 minutes East along center line of road a distance of 1,191.7 feet to the East line of said Section 33; Thence North along said East line a distance of 458 feet to the point of beginning and containing thirteen and three hundred fortyseven onethousandths (13.347) acres, more or less.&nbsp;</span></p> <p><span class="cls0">C. The following tracts and parcels less a tract of land located in the NW 1/4 of Section 34, Township 3 North, Range 1 East of the Indian Meridian, Garvin County, Oklahoma, more particularly described as follows: Beginning at a point on the West line of said Section 34,458 feet South of NW corner thereof; Thence South 86 degrees 33 minutes East along center line of existing dirt road a distance of 664 feet; Thence South 02 degrees 34 minutes 16 seconds East along an existing fence a distance of 443.90 feet; Thence South 22 degrees 19 minutes West along said fence a distance of 521.3 feet; Thence South 46 degrees 05 minutes West along said fence a distance of 395.75 feet; Thence South 72 degrees 08 minutes West along said fence a distance of 209 feet to the West line of said Section 34; Thence North along said West line a distance of 1,304.27 feet to the point of beginning and containing fifteen and ninetenths (15.9) acres, more or less:&nbsp;</span></p> <p><span class="cls0">1. Certain tracts and parcels situated in Section 34, Township 3 North, Range 1 East of the Indian Meridian, Garvin County, Oklahoma, more particularly described as follows, towit:&nbsp;</span></p> <p><span class="cls0">All that part, parcel and tract of land being the NW 1/4 of Section 34, Township 3 North, Range 1 East of the Indian Meridian, Garvin County, Oklahoma, containing one hundred sixty (160) acres, more or less subject to the Gulf Colorado and Santa Fe Railroad rightofway and that part, parcel and tract of land less and except the above described fifteen and ninetenths (15.9) acres and being a part of N 1/2 of NE 1/4 of Section 34, Township 3 North, Range 1 East, being more particularly described as follows: the W 1/2 NW 1/4 NE 1/4 and NE 1/4 NW 1/4 NE 1/4 and the NW 1/4 NE 1/4 NE 1/4 and all that part or portion of the NE 1/4 NE 1/4 NE 1/4 lying North and West of and on the right bank of the Washita River and being eight and fivetenths (8.5) acres, and all that part of the SE 1/4 NW 1/4 NE 1/4 more particularly described by metes and bounds as follows, towit: Beginning at a point 1,320 feet West and 660 feet South of the NE corner of Section 34; Thence West parallel to the North line of Section 34, a distance of 660 feet; Thence South a distance of 660 feet to an intersection with the right bank of the Washita River; Thence upstream along the right bank of said river, North 60 degrees East a distance of 715 feet; Thence North and parallel to the East line of Section 34, a distance of 310 feet to the point of beginning and containing seven and thirtyfive onehundredths (7.35) acres of land, all of said lands being situated in Section 34, Township 3 North, Range 1 East and containing an aggregate total of fiftyfive and eightyfive onehundredths (55.85) acres, more or less in the NE 1/4 and one hundred fortyfour and onetenth (144.1) acres, more or less in the NW 1/4, all in said Section 34.&nbsp;</span></p> <p><span class="cls0">2. Certain tracts and parcels situated in Section 27, Township 3 North, Range 1 East of the Indian Meridian, Garvin County, Oklahoma, more particularly described as follows, towit:&nbsp;</span></p> <p><span class="cls0">All that part, parcel and tract of the NW 1/4 of the SW 1/4 of the NW 1/4 lying West of the Gulf Colorado and Santa Fe Railroad rightofway and containing one onehundredth (.01) acres, and all that part of the SW 1/4 of the SW 1/4 of the NW 1/4 lying West of the Gulf Colorado and Santa Fe Railroad rightofway and containing one and sixtyonehundredths (1.61) acres, and all that part of the NW 1/4 of the NW 1/4 of the SW 1/4 lying West of the Gulf Colorado and Santa Fe Railroad rightofway and containing four and thirtyone onehundredths (4.31) acres, and the SW 1/4 of the NW 1/4 of the SW 1/4 lying West of the Gulf Colorado and Santa Fe Railroad rightofway containing seven and one onehundredths (7.01) acres, and all of NW 1/4 of the SW 1/4 of the SW 1/4 lying West of the Gulf Colorado and Santa Fe Railroad rightofway containing nine and thirtyeight onehundredths (9.38) acres, and all of NE 1/4 of the SW 1/4 of the SW 1/4 lying West of the Gulf Colorado and Santa Fe Railroad rightofway and containing thirtythree onehundredths (.33) acres, and the S 1/2 of the SW 1/4 of the SW 1/4 of Section 27 containing twenty (20) acres, and the S 1/2 of the SE 1/4 of the SW 1/4 of Section 27 containing twenty (20) acres, and S 1/2 of the SW 1/4 of the SE 1/4 of Section 27 containing twenty (20) acres and the SW 1/4 of the SE 1/4 of the SE 1/4 containing ten (10) acres and all that part of the SE 1/4 of the SE 1/4 of the SE 1/4 lying West of Washita River more particularly described by metes and bounds as follows, towit: Beginning at SE corner of Section 27, Township 3 North, Range 1 East of the Indian Meridian; Thence running West 660 feet; Thence North 660 feet; Thence East 167 feet to the center line of the Washita River; Thence following the meanderings of said Washita River in a Southeasterly direction a distance of 610 feet to an intersection with the East line of Section 27; Thence South 300 feet to the point of beginning and containing seven and ninetyseven onehundredths (7.97) acres, more or less.&nbsp;</span></p> <p><span class="cls0">All said lands being situated in Section 27, Township 3 North, Range 1 East, and containing an aggregate total of one hundred and sixtytwo onehundredths (100.62) acres, more or less.&nbsp;</span></p> <p><span class="cls0">3. Certain tracts and parcels situated in Section 26, Township 3 North, Range 1 East of the Indian Meridian, Garvin County, Oklahoma, more particularly described as follows, towit:&nbsp;</span></p> <p><span class="cls0">All that part of the SW 1/4 of the SW 1/4 of the SW 1/4 of Section 26, Township 3 North, Range 1 East, more particularly described by metes and bounds as follows, towit: Beginning at the SW corner of said Section 26; Thence North along the West line of Section 26 a distance of 300 feet to a cut bank of the Washita River; Thence N 88 degrees 45 minutes East along the right bank of said Washita River a distance of 670 feet; Thence South parallel to the West line of Section 26 a distance of 325 feet to the South line of Section 26; Thence running West along the South line of Section 26 a distance of 660 feet to the point of beginning and containing four and seventenths (4.7) acres, more or less. All said land being situated in Section 26, Township 3 North, Range 1 East, and containing an aggregate total of four and seventenths (4.7) acres, more or less.&nbsp;</span></p> <p><span class="cls0">4. All that part of the NW 1/4 NW 1/4 NW 1/4 of Section 35, Township 3 North, Range 1 East of the Indian Meridian, described by metes and bounds as follows, towit: Beginning at the NW corner of said Section 35; Thence running East along the North line of Section 35, a distance of 660 feet; Thence South parallel to the West line of Section 35, a distance of 354 feet to an intersection with the right bank of the Washita River; Thence along the right bank of said Washita River a distance of 690 feet to an intersection with the West line of Section 35; Thence North along the West line of Section 35 a distance of 528 feet to the point of beginning and containing six and seventenths (6.7) acres, more or less.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 178, &sect; 1, eff. Nov. 1, 1987. Amended by Laws 1992, c. 307, &sect; 20, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-129.6. Terms and conditions of lease.&nbsp;</span></p> <p><span class="cls0">The terms and conditions of the lease authorized by Section 129.5 of this title shall include, but not be limited to, the following:&nbsp;</span></p> <p><span class="cls0">1. A provision that the lease terminates immediately with possession and use reverting to the Department of Human Services if the subject land is no longer used for sewage purposes;&nbsp;</span></p> <p><span class="cls0">2. A provision granting automatic renewal of the lease for thirty annual, fiscal terms, subject to the pro forma annual processing of lease renewals required by the Office of Management and Enterprise Services, with an option to renew upon mutual agreement of the parties for another twenty annual, fiscal terms;&nbsp;</span></p> <p><span class="cls0">3. A provision granting the Department permission to remove or use personal property or fixtures unrelated to sewage activities;&nbsp;</span></p> <p><span class="cls0">4. A provision as to payment to the Department of Human Services by providing in-kind services, or a specified payment of money at the option of the Department to be used for the Southern Oklahoma Resource Center of Pauls Valley;&nbsp;</span></p> <p><span class="cls0">5. A provision reserving any necessary easements or granting covenants; and&nbsp;</span></p> <p><span class="cls0">6. Such other provisions as the Department of Human Services considers just and proper.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 178, &sect; 2, eff. Nov. 1, 1987. Amended by Laws 1992, c. 307, &sect; 21, eff. July 1, 1992; Laws 2012, c. 304, &sect; 820.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-129.7. Lease of other surplus land at Pauls Valley.&nbsp;</span></p> <p><span class="cls0">In addition to the land described in Section 129.5 of this title, the Department of Human Services, with approval of the Director, may lease other surplus land and property at the Southern Oklahoma Resource Center of Pauls Valley to an individual or individuals or to an entity. Revenue from such lease shall be placed in a special agency clearing account to be used for the benefit of the residents of the Southern Oklahoma Resource Center of Pauls Valley.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 178, &sect; 3, eff. Nov. 1, 1987. Amended by Laws 1992, c. 307, &sect; 22, eff. July 1, 1992; Laws 2012, c. 344, &sect; 4, eff. Nov. 7, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-129.8. Transfer of use of property to Redlands Community College and Oklahoma Historical Society.&nbsp;</span></p> <p><span class="cls0">A. For purposes of this section the following definitions shall apply:&nbsp;</span></p> <p><span class="cls0">1. Property Number One (1): The Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) containing forty acres, and Lot Two (2) containing eleven and forty hundredths acres, and a parcel described as beginning at the Southeast corner (SE/c) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4), thence due North two hundred fifty (250) feet, thence due West four hundred twenty-five (425) feet, thence due South two hundred fifty (250) feet, thence due East four hundred twenty-five (425) feet to the place of beginning, of Section Twenty-five (25); and that part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) designated in the patent and Government plat as Lot Six (6) containing thirty-four acres of Section Twenty-six (26); and the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section Thirteen (13) containing forty acres, all in Township Thirteen (13) North, Range Eight (8) West of the Indian Meridian, Canadian County, Oklahoma, together with all incorporeal hereditaments and appurtenances thereunto belonging.&nbsp;</span></p> <p><span class="cls0">2. Property Number Two (2): A part of the Northwest Quarter (NW 1/4) and of Government Lot Number 2, both being a portion of Section Twenty-five (25), Township Thirteen (13) North, Range Eight (8) West of the Indian Meridian, Canadian County, Oklahoma, together with all incorporeal hereditaments and appurtenances thereunto belonging; more particularly described as follows: beginning at a point whence the Northeast corner of said Section Twenty-five (25), bears North 64 degrees 44' 23" East a distance of 5635.49 feet, and whence the North Quarter corner of said Section Twenty-five (25) bears North 45 degrees 30' 19" East, a distance of 3431.34 feet; thence, South 66 degrees 23' 43" East a distance of 468.43 feet; thence, South 74 degrees 49' 33" East, a distance of 391.69 feet; thence, South 77 degrees 30' 00" East, a distance of 280.00 feet to an existing fenceline; thence, along said existing fenceline, South 02 degrees 43' 49" West a distance of 529.30 feet to a point on the Northerly bank of the North Canadian River; thence, along said Northerly bank the following five (5) courses: 1) thence, North 89 degrees 55' 14" West, a distance of 284.55 feet; 2) thence, North 64 degrees 59' 36" West, a distance of 122.62 feet; 3) thence, North 49 degrees 26' 16" West, a distance of 164.58 feet; 4) thence, North 34 degrees 49' 02" West, a distance of 653.61 feet; 5) thence, North 62 degrees 35' 07" West, a distance of 227.90 feet; thence, departing from said Northerly bank, North 27 degrees 24' 53" East, a distance of 88.56 feet to the point of beginning; containing 9.93 acres, more or less.&nbsp;</span></p> <p><span class="cls0">B. The authority of the Oklahoma Wildlife Conservation Commission to use Property Number One (1) granted pursuant to Section 1, Chapter 8, O.S.L. 1933 to the State Game and Fish Commission and succeeded to by the Oklahoma Wildlife Conservation Commission is hereby terminated.&nbsp;</span></p> <p><span class="cls0">C. The authority and empowerment over the use of Property Number One (1) shall be transferred to Redlands Community College to be used for agricultural and equine educational purposes. Such use shall exclude the use of Property Number Two (2) and acknowledge the authority of the Oklahoma Historical Society to access Property Number Two (2) from Property Number One (1). Redlands Community College shall notify the Office of Management and Enterprise Services if it determines that the use of the property is no longer needed.&nbsp;</span></p> <p><span class="cls0">D. The authority and empowerment over the use of Property Number Two (2) shall be transferred to the Oklahoma Historical Society together with the authority to access Property Number Two (2) from Property Number One (1). The Oklahoma Historical Society shall notify the Office of Management and Enterprise Services if it determines that the use of the property is no longer needed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 131, &sect; 1, eff. July 1, 1998. Amended by Laws 2001, c. 134, &sect; 1, emerg. eff. April 24, 2001; Laws 2012, c. 304, &sect; 821.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130. Alternative fuels - Transfer of powers, duties and responsibilities.&nbsp;</span></p> <p><span class="cls0">All powers, duties, and responsibilities of the Oklahoma Alternative Fuels Conversion Act and the Alternative Fuels Technician Certification Act now exercised by the Corporation Commission pursuant to law are hereby transferred to the Office of Management and Enterprise Services, together with all unexpended funds, property, records, personnel, and any outstanding financial obligations and encumbrances related thereto.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 235, &sect; 21, eff. July 1, 1991. Amended by Laws 2012, c. 304, &sect; 822.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 10 of this act shall be known and may be cited as the "Oklahoma Alternative Fuels Conversion Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 336, &sect; 1, operative July 1, 1990. Renumbered from Title 17, &sect; 601 by Laws 1991, c. 235, &sect; 23, eff. July 1, 1991.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Section was editorially renumbered from Title 17, &sect; 401 to Title 17, &sect; 601 to avoid a duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Alternative Fuels Conversion Act:&nbsp;</span></p> <p><span class="cls0">1. "Alternative fuels" means natural gas and liquid fuels produced from natural gas, liquefied petroleum gas, ethanol, methanol, electricity, biodiesel, coal-derived liquid fuels, hydrogen and fuels derived from biological materials;&nbsp;</span></p> <p><span class="cls0">2. "Charge station" means the physical device that provides a connection from a power source to an electric vehicle;&nbsp;</span></p> <p><span class="cls0">3. "Conversion kit" means the equipment installed to modify a motor vehicle which is propelled by gasoline or diesel fuel so that the vehicle may be propelled by an alternative fuel;&nbsp;</span></p> <p><span class="cls0">4. "Diesel fuel" means diesel engine fuel, and all other liquids suitable for the generation of power for the propulsion of motor vehicles except gasoline;&nbsp;</span></p> <p><span class="cls0">5. "Fill station" means the equipment and conveyance property that provides the delivery and, if required, compression of an alternative fuel other than electricity;&nbsp;</span></p> <p><span class="cls0">6. "Gallon" means the quantity of fluid or liquid at a temperature of sixty degrees (60) Fahrenheit necessary to completely fill a United States standard gallon liquid measure;&nbsp;</span></p> <p><span class="cls0">7. "Gasoline" means the same as motor fuel and means every liquid petroleum product, or any combination thereof, other than solvents as herein defined, having an A.P.I. gravity of forty-six degrees (46) or above at a temperature of sixty degrees (60) Fahrenheit and at atmospheric pressure, and includes drip, casinghead or natural gasoline. The term gasoline also includes any liquid of less than forty-six degrees (46) A.P.I. gravity at a temperature of sixty degrees (60) Fahrenheit compounded, blended, manufactured or otherwise produced by mixing or blending gasoline or solvents with any blending materials, as hereinafter defined, when the blended product can be used for generating power in internal combustion engines, regardless of how such liquid is made, compounded, manufactured or recovered and regardless of the name by which such liquid may be known or sold;&nbsp;</span></p> <p><span class="cls0">8. "Government vehicle" means all motor vehicles, including, but not limited to, transit vehicles operated by any entity pursuant to Section 4031 et seq. of Title 69 of the Oklahoma Statutes or designated as public transit by the Department of Transportation, buses, trucks, law enforcement vehicles and emergency vehicles, owned and operated by the State of Oklahoma, any public trust authority, county, municipality, town or city within this state;&nbsp;</span></p> <p><span class="cls0">9. "Sale" means sales, barters, exchanges, and every other manner, method, and form of transferring the ownership of personal property from one person to another, and also includes the use or consumption in this state in the first instance of gasoline received from without the state or of any other gasoline upon which the surcharge has not been paid;&nbsp;</span></p> <p><span class="cls0">10. "School vehicle" means all buses and multi-passenger motor vehicles owned and approved to operate by the State Department of Education or any school district within this state; and&nbsp;</span></p> <p><span class="cls0">11. "Solvents" means especially prepared commercial and industrial solvents, cleaners' and painters' naphthas, and raw petroleum materials or petrochemical intermediates when used as or sold for use in production or manufacture of plastics, detergents, synthetic rubber, herbicides, insecticides and other chemicals or products which are not prepared, advertised, offered for sale, or sold for use or suitable for use as fuel for generating power in internal combustion engines.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 336, &sect; 2, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 1, eff. July 1, 1991. Renumbered from &sect; 602 of Title 17 by Laws 1991, c. 235, &sect; 23, eff. July 1, 1991. Amended by Laws 1993, c. 224, &sect; 1, eff. Sept. 1, 1993; Laws 1994, c. 379, &sect; 2, eff. Sept. 1, 1994; Laws 1998, c. 160, &sect; 1, eff. Nov. 1, 1998; Laws 2005, c. 287, &sect; 2, eff. July 1, 2005; Laws 2009, c. 371, &sect; 4, emerg. eff. May 29, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Section was editorially renumbered from &sect; 402 of Title 17 to &sect; 602 of Title 17 to avoid a duplication in numbering.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-130.3. Conversion of school and government vehicles to operate on alternative fuel.&nbsp;</span></p> <p><span class="cls0">A. All school vehicles and all government vehicles may be converted to operate on an alternative fuel. The state, any county or municipal government and any school district within the state may have access to the Oklahoma Alternative Fuels Conversion Fund and the reasonable expenses of the conversions and/or the installation of a fill station or charge station may be reimbursed in the manner pursuant to Section 130.4 of this title if the state, county, municipality or school district can pay back such conversion and/or fill station or charge station installation costs within seven (7) years of the date of conversion and/or fill station or charge station installation. Beginning July 1, 1995, all school districts within this state should consider only purchasing school vehicles which have the capability to operate on an alternative fuel.&nbsp;</span></p> <p><span class="cls0">B. The reasonable expenses of the conversion of the school vehicle fleets and the government vehicle fleets that are converted pursuant to subsection A of this section shall be reimbursed in the manner pursuant to Section 130.4 of this title.&nbsp;</span></p> <p><span class="cls0">C. The reasonable expenses of the installation of a fill station or charge station that is installed pursuant to subsection A of this section shall be reimbursed in the manner pursuant to Section 130.4 of this title.&nbsp;</span></p> <p><span class="cls0">D. Any vehicle converted to have the capability of being fueled or charged by alternative fuels pursuant to the provisions of the Oklahoma Alternative Fuels Conversion Act shall not be sold or otherwise transferred to another person or entity before the total reimbursement of the cost of such conversion pursuant to the provisions of the Oklahoma Alternative Fuels Conversion Act unless such conversion equipment is removed and installed on another government vehicle or school vehicle owned by such public entity.&nbsp;</span></p> <p><span class="cls0">E. Any fill station or charge station installed pursuant to the provisions of the Oklahoma Alternative Fuels Conversion Act shall not be sold or otherwise transferred to another person or entity before the total reimbursement of the cost of such fill station or charge station pursuant to the provisions of the Oklahoma Alternative Fuels Conversion Act.&nbsp;</span></p> <p><span class="cls0">F. All school vehicles and all government vehicles which are converted to operate on alternative fuel shall be required to use such alternative fuel whenever a fill station or charge station is in operation within a five-mile radius of the respective department, district, agency, office, or political subdivision that has converted vehicles to operate on alternative fuel, and the price of the alternative fuel is comparable to the price of the fuel being displaced. School vehicles and government vehicles that are capable of operating on a conventional fuel as well as an alternative fuel shall be exempt from this restriction on those occasions when the vehicle or vehicles must be refueled outside the five-mile radius of the respective department, district, agency, office or political subdivision that has said vehicle and no alternative fuel fill station or charge station is reasonably available.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 336, &sect; 3, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 2, eff. July 1, 1991. Renumbered from Title 17, &sect; 603 by Laws 1991, c. 235, &sect; 23, eff. July 1, 1991. Amended by Laws 1994, c. 379, &sect; 3, eff. Sept. 1, 1994; Laws 1998, c. 160, &sect; 2, eff. Nov. 1, 1998; Laws 2003, c. 232, &sect; 1, eff. Nov. 1, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Section was editorially renumbered from Title 17, &sect; 403 to Title 17, &sect; 603 to avoid a duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.4. Oklahoma Alternative Fuels Conversion Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services to be designated as the "Oklahoma Alternative Fuels Conversion Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Office of Management and Enterprise Services pursuant to Section 130.5 of this title.&nbsp;</span></p> <p><span class="cls0">B. All monies accruing to the credit of the revolving fund shall be expended by the Office of Management and Enterprise Services to reimburse expenses relative to the conversion of government vehicles and school vehicles to have the capability of being fueled or charged by alternative fuels and/or the expenses relative to the installation of a fill station or charge station. The maximum amount expended per vehicle shall be the actual cost of vehicle conversion or Ten Thousand Dollars ($10,000.00), whichever is less. The maximum amount expended per fill station or charge station shall be the actual cost of the installation or Three Hundred Thousand Dollars ($300,000.00), whichever is less. The balance on deposit in the fund shall never exceed the sum of Five Million Dollars ($5,000,000.00).&nbsp;</span></p> <p><span class="cls0">C. Expenditures from the revolving fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 336, &sect; 4, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 3, eff. July 1, 1991. Renumbered from &sect; 604 of Title 17 by Laws 1991, c. 235, &sect; 23, eff. July 1, 1991. Amended by Laws 1993, c. 224, &sect; 2, eff. Sept. 1, 1993; Laws 1998, c. 160, &sect; 3, eff. Nov. 1, 1998; Laws 2002, c. 38, &sect; 1; Laws 2009, c. 371, &sect; 5, emerg. eff. May 29, 2009; Laws 2012, c. 304, &sect; 823.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Section was editorially renumbered from &sect; 404 of Title 17 to &sect; 604 of Title 17 to avoid a duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.5. Reimbursement of Alternative Fuels Fund - Accounts - Surcharge on sales of alternative fuels - Collection and apportionment - Suspension of surcharge.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Alternative Fuels Conversion Fund shall be reimbursed by a surcharge on alternative fuels sold within the state under the provisions of the Oklahoma Alternative Fuels Conversion Act.&nbsp;</span></p> <p><span class="cls0">B. A reimbursement account shall be established in the name of each recipient of reimbursement for vehicle conversion and/or fill station installation pursuant to the provisions of Section 603 of this title. The initial amount of each recipient's account shall be the amount of the reimbursement received by that recipient. A recipient's account shall be increased by the amount of any subsequent reimbursement received by that recipient; a recipient's account shall be reduced by the amount of all surcharges on alternative fuels paid by that recipient.&nbsp;</span></p> <p><span class="cls0">C. A surcharge in an amount equivalent to the per gallon fuel cost savings in utilizing alternative fuels is hereby levied on sales of alternative fuels to recipients of reimbursement for vehicle conversion and/or fill station installation pursuant to the provisions of Section 603 of this title. Initially, the amount of the surcharge shall be based upon monthly fuel savings as determined in the manner prescribed in subsection A of Section 603 of this title. Such amount shall be adjusted periodically, by the Oklahoma Tax Commission, to reflect any change in the amount of fuel savings actually received by the recipient. The surcharge shall not be levied on sales of alternative fuels for any other purposes. The surcharge shall continue on sales to each such recipient for so long as that recipient maintains a reimbursement account. When the reimbursement account for a recipient is reduced to zero, the surcharge levied by this section shall terminate until such time as a reimbursement account may be re-established for that recipient.&nbsp;</span></p> <p><span class="cls0">D. The surcharge levied by this section shall be collected by the Oklahoma Tax Commission and apportioned monthly to the Oklahoma Alternative Fuels Conversion Fund.&nbsp;</span></p> <p><span class="cls0">E. The surcharge levied by this section shall be suspended whenever the price of the alternative fuel used by the recipient is equal to or greater than the price of the original fuel displaced by the alternative fuel which may be purchased by such recipient. Provided, such surcharge shall be reinstated whenever the price of the alternative fuel used by the recipient becomes less than the price of the original fuel displaced by the alternative fuel which may be purchased by such recipient.&nbsp;</span></p> <p><span class="cls0">F. The Oklahoma Tax Commission shall adopt rules and regulations relating to the payment and collection of the surcharge levied by this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 336, &sect; 5, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 4, eff. July 1, 1991. Renumbered from Title 17, &sect; 605 by Laws 1991, c. 235, &sect; 23, eff. July 1, 1991.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Section was editorially renumbered from Title 17, &sect; 406 to Title 17, &sect; 605 to avoid a duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.6. Fund expenditures not deemed debt of government entity.&nbsp;</span></p> <p><span class="cls0">Expenditures from the Oklahoma Alternative Fuels Conversion Fund for vehicle conversions and/or fill station installations pursuant to Section 603 of this title shall not at any time be deemed to constitute a debt of the state, county, municipality or school district which owns such vehicle or fill station or a pledge of the faith and credit of the state or such county, municipality or school district, but such expenditures shall be reimbursed solely by a surcharge on the alternative fuel sold to the state or such county, municipality or school district pursuant to Section 605 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 336, &sect; 6, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 5, eff. July 1, 1991. Renumbered from Title 17, &sect; 606 by Laws 1991, c. 235, &sect; 23, eff. July 1, 1991.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Section was editorially renumbered from Title 17, &sect; 407 to Title 17, &sect; 606 to avoid a duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.7. Compliance with Act.&nbsp;</span></p> <p><span class="cls0">Compliance with the provisions of the Oklahoma Alternative Fuels Conversion Act shall be dependent upon the existence of funds within the Oklahoma Alternative Fuels Conversion Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 336, &sect; 7, operative July 1, 1990. Renumbered from Title 17, &sect; 607 by Laws 1991, c. 235, &sect; 23, eff. July 1, 1991.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Section was editorially renumbered from Title 17, &sect; 409 to Title 17, &sect; 607 to avoid a duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.8. Pricing and selling of transportation fuels not to be regulated by governmental entity.&nbsp;</span></p> <p><span class="cls0">The price and sale of natural gas, methanol, electricity, "M-85", and biodiesel utilized as a transportation fuel in a motor vehicle shall not be regulated by any governmental entity within this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 235, &sect; 6, eff. July 1, 1991. Amended by Laws 1993, c. 224, &sect; 3, eff. Sept. 1, 1993; Laws 1998, c. 160, &sect; 4, eff. Nov. 1, 1998; Laws 2005, c. 287, &sect; 3, eff. July 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-130.8A. Repealed by Laws 2009, c. 371, &sect; 7, emerg. eff. May 29, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;74-130.9. Rules and regulations.&nbsp;</span></p> <p><span class="cls0">Except as provided for in subsection F of Section 130.5 of this title, the Office of Management and Enterprise Services shall adopt rules and regulations necessary to carry out the provisions of the Oklahoma Alternative Fuels Conversion Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 336, &sect; 9, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 7, eff. July 1, 1991. Renumbered from Title 17, &sect; 609 by Laws 1991, c. 235, &sect; 23, eff. July 1, 1991. Amended by Laws 2012, c. 304, &sect; 824.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Section was editorially renumbered from &sect; 405 of Title 17 to &sect; 609 of Title 17, to avoid a duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.10. Penalties.&nbsp;</span></p> <p><span class="cls0">Any person convicted of violating the provisions of the Oklahoma Alternative Fuels Conversion Act shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by confinement in the county jail not to exceed thirty (30) days, or by both fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 336, &sect; 10, operative July 1, 1990. Renumbered from Title 17, &sect; 610 by Laws 1991, c. 235, &sect; 23, eff. July 1, 1991.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Section was editorially renumbered from Title 17, &sect; 408 to Title 17, &sect; 610 to avoid a duplication in numbering.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-130.11. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 14 of this act shall be known and may be cited as the "Alternative Fuels Technician Certification Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 1, operative July 1, 1990. Renumbered from Title 52, &sect; 420.51 by Laws 1991, c. 235, &sect; 24, eff July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-130.12. Legislative intent.&nbsp;</span></p> <p><span class="cls0">It is the intent of the Oklahoma Legislature that the State Board of Career and Technology Education develop curriculum for the training of technicians for the installation and conversion of engines to be fueled by alternative fuels as the technologies are developed. It is further the intent of the Oklahoma Legislature that Oklahoma State University Institute of Technology-Okmulgee develop curriculum for the training of technicians for the installation, service, modification, repair or renovation of fill stations. It is further the intent of the Oklahoma Legislature to enact legislation which promotes the development of technology in a manner that ensures the health and safety of the citizens of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 2, operative July 1, 1990. Renumbered from &sect; 420.52 of Title 52 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991. Amended by Laws 1994, c. 379, &sect; 5, eff. Sept. 1, 1994; Laws 2001, c. 83, &sect; 1, eff. Nov. 1, 2001; Laws 2008, c. 54, &sect; 8, eff. July 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2001, c. 33, &sect; 170 repealed by Laws 2001, c. 414, &sect; 16, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-130.13. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Alternative Fuels Technician Certification Act:&nbsp;</span></p> <p><span class="cls0">1. "Alternative fuels" means liquefied petroleum gas, natural gas and liquid fuels produced from natural gas, methanol, ethanol, electricity, coal-derived liquid fuels, hydrogen, biodiesel and fuels derived from biological materials;&nbsp;</span></p> <p><span class="cls0">2. "Alternative fuels equipment technician" means any person who installs, modifies, repairs or renovates equipment used in the conversion of any engines to engines fueled by alternative fuels. This includes originally equipped manufactured engines dedicated to operate on an alternative fuel;&nbsp;</span></p> <p><span class="cls0">3. "Alternative fuels compression technician" means any person who installs, services, modifies, repairs or renovates fill stations;&nbsp;</span></p> <p><span class="cls0">4. "Board" means the Alternative Fuels Technician Hearing Board;&nbsp;</span></p> <p><span class="cls0">5. "Committee" means the Committee of Alternative Fuels Technician Examiners;&nbsp;</span></p> <p><span class="cls0">6. "Electric vehicle technician" means any person who installs, modifies, repairs, performs maintenance on, or renovates onboard charging systems, motors, controllers, power sources, or the drive systems of vehicles powered by electricity that is greater than eighty (80) volts. This includes vehicles originally equipped as electric vehicles, vehicles converted from gliders, and vehicles converted from internal combustion engine vehicles;&nbsp;</span></p> <p><span class="cls0">7. "Fill station" means the equipment and conveyance property that provides the delivery and, if required, compression of an alternative fuel other than electricity; and&nbsp;</span></p> <p><span class="cls0">8. "Glider" means a vehicle built without an engine or fuel system for the purpose of converting it to an electric vehicle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 3, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 8, eff. July 1, 1991. Renumbered from &sect; 420.53 of Title 52 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991. Amended by Laws 1993, c. 224, &sect; 4, eff. Sept. 1, 1993; Laws 1994, c. 379, &sect; 6, eff. Sept. 1, 1994; Laws 1998, c. 160, &sect; 5, eff. Nov. 1, 1998; Laws 1998, c. 343, &sect; 1, emerg. eff. June 5, 1998; Laws 2001, c. 83, &sect; 2, eff. Nov. 1, 2001; Laws 2009, c. 371, &sect; 6, emerg. eff. May 29, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, c. 320, &sect; 2 repealed by Laws 1999, c. 1, &sect; 45, emerg. eff. Feb. 24, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-130.14. Committee of Alternative Fuels Technician Examiners - Members - Terms - Vacancies - Duties - Expenses - Quorum. &nbsp;</span></p> <p><span class="cls0">A. There is hereby established the Committee of Alternative Fuels Technician Examiners which shall consist of eight (8) members. All members of the Committee shall be residents of this state.&nbsp;</span></p> <p><span class="cls0">B. Five voting members of the Committee shall be appointed by the Director of the Office of Management and Enterprise Services as follows:&nbsp;</span></p> <p><span class="cls0">1. Beginning September 1, 1994, three members shall be alternative fuels technicians selected from a list of names submitted by the State Board of Career and Technology Education, with at least one member being an alternative fuels equipment technician and at least one member being an alternative fuels compression technician;&nbsp;</span></p> <p><span class="cls0">2. One member shall be a person involved in compressed natural gas technology in an oil and/or gas industry; and&nbsp;</span></p> <p><span class="cls0">3. One member shall be a person involved in liquefied petroleum gas technology in an oil and/or gas industry.&nbsp;</span></p> <p><span class="cls0">C. Beginning November 1, 1998, two additional voting members shall be appointed by the Director of the Office of Management and Enterprise Services, one of whom shall be selected from a list of names submitted by the State Board of Career and Technology Education and shall be an electric vehicle technician, and one of whom shall be a person involved in manufacturing, conversion, or research in the electric vehicle industry.&nbsp;</span></p> <p><span class="cls0">D. All members shall each have at least two (2) years of active experience in alternative fuels technology. The terms of the voting members initially appointed to the Committee shall be staggered as follows:&nbsp;</span></p> <p><span class="cls0">1. One alternative fuels technician shall be appointed for a term of two (2) years;&nbsp;</span></p> <p><span class="cls0">2. One alternative fuels technician shall be appointed for a term of three (3) years;&nbsp;</span></p> <p><span class="cls0">3. One alternative fuels technician shall be appointed for a term of four (4) years;&nbsp;</span></p> <p><span class="cls0">4. One person involved in compressed natural gas technology in an oil and/or gas industry shall be appointed for a term of three (3) years;&nbsp;</span></p> <p><span class="cls0">5. One person involved in liquefied petroleum gas technology in an oil and/or gas industry shall be appointed for a term of four (4) years;&nbsp;</span></p> <p><span class="cls0">6. One electric vehicle technician shall be appointed for a term of (2) years; and&nbsp;</span></p> <p><span class="cls0">7. One person involved in manufacturing, conversion, or research in the electric vehicle industry shall be appointed for a term of three (3) years.&nbsp;</span></p> <p><span class="cls0">Thereafter, each voting member of the Committee shall be appointed for a term of five (5) years, or until their successors are appointed and qualified.&nbsp;</span></p> <p><span class="cls0">The nonvoting member shall be designated by the Director of the Office of Management and Enterprise Services to serve as Program Administrator and Recording Secretary to the Committee. It is the intent of the Legislature that the person acting as the Program Administrator and Recording Secretary to the Committee as of the effective date of this act be transferred to the Office of Management and Enterprise Services to continue in his or her capacity.&nbsp;</span></p> <p><span class="cls0">E. Vacancies which may occur in the membership of the Committee shall be filled by appointment of the Director of the Office of Management and Enterprise Services. Each person who has been appointed to fill a vacancy shall serve for the remainder of the term for which the member such person succeeds was appointed and until a successor has been appointed and has qualified. Members of the Committee may be removed from office by the Director of the Office of Management and Enterprise Services for cause in the manner provided by law for the removal of officers not subject to impeachment.&nbsp;</span></p> <p><span class="cls0">F. The Committee shall assist and advise the Office of Management and Enterprise Services on all matters relating to the formulation of rules and standards in accordance with the Alternative Fuels Technician Certification Act. The Committee shall administer the examinations of applicants for certification as alternative fuels equipment technicians, alternative fuels compression technicians, and electric vehicle technicians provided that such examinations shall be in accordance with the provisions of the Alternative Fuels Technician Certification Act.&nbsp;</span></p> <p><span class="cls0">G. All members of the Committee shall be reimbursed for expenses incurred while in the performance of their duties in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">H. A majority of the total membership of the Committee shall constitute a quorum for the transaction of business.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 4, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 9, eff. July 1, 1991. Renumbered from &sect; 420.54 of Title 52 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991. Amended by Laws 1994, c. 379, &sect; 7, eff. Sept. 1, 1994; Laws 1998, c. 160, &sect; 6, eff. Nov. 1, 1998; Laws 2001, c. 33, &sect; 171, eff. July 1, 2001; Laws 2012, c. 304, &sect; 825.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.15. Examinations for certification of technicians.&nbsp;</span></p> <p><span class="cls0">A. Examinations for certification as alternative fuels equipment technicians shall be uniform and practical in nature for alternative fuels equipment technician certification and shall be sufficiently strict to test the qualifications and fitness of the applicants for certificates.&nbsp;</span></p> <p><span class="cls0">B. Examinations for certification as alternative fuels compression technicians shall be uniform and practical in nature for alternative fuels compression technician certification and shall be sufficiently strict to test the qualifications and fitness of the applicants for certificates.&nbsp;</span></p> <p><span class="cls0">C. Examinations for certification as electric vehicle technicians shall be uniform and practical in nature for electric vehicle technician certification and shall be sufficiently strict to test the qualifications and fitness of the applicants for certificates.&nbsp;</span></p> <p><span class="cls0">D. Examinations shall be in whole or in part in writing. The Committee shall conduct examinations twice a year and at such other times as it deems necessary. Any applicant initially failing to pass the examination shall not be permitted to take another examination for a period of thirty (30) days. Any applicant subsequently failing to pass the examination shall not be permitted to take another examination for a period of ninety (90) days.&nbsp;</span></p> <p><span class="cls0">E. The Office of Management and Enterprise Services shall enforce the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 5, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 10, eff. July 1, 1991. Renumbered from &sect; 420.55 of Title 52 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991. Amended by Laws 1994, c. 379, &sect; 8, eff. Sept. 1, 1994; Laws 1998, c. 160, &sect; 7, eff. Nov. 1, 1998; Laws 2012, c. 304, &sect; 826.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.16. Certificate - Qualifications - Transfer or loan of certificate - Standards for storage and handling of liquefied petroleum gases and for electric vehicle charge stations.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services shall issue a certificate as an alternative fuels equipment technician to any person who:&nbsp;</span></p> <p><span class="cls0">1. Has been licensed by the Oklahoma Liquefied Petroleum Gas Board and has successfully passed the appropriate examination as provided in the Alternative Fuels Technician Certification Act; or&nbsp;</span></p> <p><span class="cls0">2. Has been certified by the Committee as either having successfully passed the appropriate examination or having a valid license or certificate issued by another governmental entity with licensing or certification requirements similar to those provided in the Alternative Fuels Technician Certification Act;&nbsp;</span></p> <p><span class="cls0">3. Has paid the certification fee and otherwise complied with the provisions of the Alternative Fuels Technician Certification Act; and&nbsp;</span></p> <p><span class="cls0">4. Has provided proof of liability insurance with limits of not less than Fifty Thousand Dollars ($50,000.00) general liability.&nbsp;</span></p> <p><span class="cls0">B. The Office of Management and Enterprise Services shall issue a certificate as an alternative fuels compression technician to any person who:&nbsp;</span></p> <p><span class="cls0">1. Has successfully passed the appropriate examination as provided in the Alternative Fuels Technician Certification Act or has been certified by the Committee as having a valid license or certificate issued by another governmental entity with licensing or certification requirements similar to those provided in the Alternative Fuels Technician Certification Act;&nbsp;</span></p> <p><span class="cls0">2. Has paid the certification fee and otherwise complied with the provisions of the Alternative Fuels Technician Certification Act; and&nbsp;</span></p> <p><span class="cls0">3. Has provided proof of liability insurance with limits of not less than Fifty Thousand Dollars ($50,000.00) general liability.&nbsp;</span></p> <p><span class="cls0">C. The Office of Management and Enterprise Services shall issue a certificate as an electric vehicle technician to any person who:&nbsp;</span></p> <p><span class="cls0">1. Has been certified by the Committee as either having successfully passed the appropriate examination or having a valid license or certificate issued by another governmental entity with licensing or certification requirements similar to those provided in the Alternative Fuels Technician Certification Act;&nbsp;</span></p> <p><span class="cls0">2. Has paid the certification fee and otherwise complied with the provisions of the Alternative Fuels Technician Certification Act; and&nbsp;</span></p> <p><span class="cls0">3. Has provided proof of liability insurance with limits of not less than Fifty Thousand Dollars ($50,000.00) general liability.&nbsp;</span></p> <p><span class="cls0">D. In the case of a company, partnership or corporation engaged in the business of installing, servicing, repairing, modifying or renovating equipment used in the conversion of engines to engines fueled by alternative fuels, a separate certificate shall be issued by the Office of Management and Enterprise Services to that individual company, partnership or corporation. This certificate is for the express purpose of recognizing that the company, partnership or corporation is an authorized alternative fuels conversion business and employs state-certified alternative fuels equipment technicians. Any violations by a certified alternative fuels equipment technician shall be deemed a violation by the certified company, partnership or corporation employing such certified technician.&nbsp;</span></p> <p><span class="cls0">E. In the case of a company, partnership or corporation engaged in the business of installing, servicing, repairing, modifying or renovating fill stations, a separate certificate shall be issued by the Office of Management and Enterprise Services to that individual company, partnership or corporation. This certificate is for the express purpose of recognizing that the company, partnership or corporation is an authorized fill station installation business and employs state-certified alternative fuels compression technicians or electric vehicle technicians. Any violations by a certified alternative fuels compression technician or electric vehicle technician shall be deemed a violation by the certified company, partnership or corporation employing such certified technician.&nbsp;</span></p> <p><span class="cls0">F. In conjunction with subsection A of this section, the Office of Management and Enterprise Services shall issue an Alternative Fuels Equipment Installation Certification to any public entity or private company, partnership or corporation that operates commercial, private or public fleets of vehicles and employs ten (10) or more auto service technicians per location. The certification shall be based on the ability of the applicant to provide their own alternative fuels equipment technician training program which shall be certified by the Office of Management and Enterprise Services, Committee of Alternative Fuels Technician Examiners. This subsection shall not apply to allow certification of any alternative fuels compression technician training programs.&nbsp;</span></p> <p><span class="cls0">G. All alternative fuels equipment technician certificates, alternative fuels compression technician certificates, and electric vehicle technician certificates shall be nontransferable and it shall be unlawful for any person certified pursuant to the provisions of the Alternative Fuels Technician Certification Act to loan or allow the use of such certificate by any other person, except as specifically provided in the Alternative Fuels Technician Certification Act.&nbsp;</span></p> <p><span class="cls0">H. The standards for the storage and handling of liquefied petroleum gases adopted by the National Fire Protection Association and published in the latest edition of its Pamphlet No. 58 and the standards for the installation of compressed natural gas vehicular fuel systems adopted by the National Fire Protection Association and published in its Pamphlet No. 52 shall be the accepted standards for this state. The accepted standards for this state for electric vehicle charge stations shall be the National Electric Code (NEC). The Office of Management and Enterprise Services is authorized, and it shall be its duty to adopt and promulgate such rules or specifications relating to safety in the manufacture, assembly, sale, installation and use of vehicular alternative fuel systems. The Office of Management and Enterprise Services is further authorized to modify or amend such rules or specifications as it deems reasonable and necessary.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 6, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 11, eff. July 1, 1991. Renumbered from &sect; 420.56 of Title 52 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991. Amended by Laws 1993, c. 224, &sect; 5, eff. Sept. 1, 1993; Laws 1994, c. 379, &sect; 9, eff. Sept. 1, 1994; Laws 1998, c. 160, &sect; 8, eff. Nov. 1, 1998; Laws 2012, c. 304, &sect; 827.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.17. Applications for examination, certification or renewal of certification - Fees.&nbsp;</span></p> <p><span class="cls0">A. 1. All applications for examination, certification or renewal of certification shall be made in writing to the Office of Management and Enterprise Services on forms provided, if necessary, by the Office of Management and Enterprise Services. All applications shall be accompanied by the appropriate fee.&nbsp;</span></p> <p><span class="cls0">2. If a person holds a valid Class I Dealer Permit properly issued by the Oklahoma Liquefied Petroleum Gas Board, pursuant to Section 420.4 of Title 52 of the Oklahoma Statutes, the requirements of this section for certification or renewal of certification shall not be required.&nbsp;</span></p> <p><span class="cls0">B. The following shall be the fees charged under the Alternative Fuels Technician Certification Act.&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Equipment Technician Examination&nbsp;&nbsp;$50.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Compression Technician Examination&nbsp;&nbsp;$50.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Electric Vehicle Technician Examination&nbsp;&nbsp;$50.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Equipment Technician Certificate&nbsp;&nbsp;$50.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Compression Technician Certificate&nbsp;&nbsp;$50.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Electric Vehicle Technician Certificate&nbsp;&nbsp;$50.00&nbsp;</span></p> <p><span class="cls0">Certificate renewal, if made within thirty (30) days after expiration:&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Equipment Technician Certificate&nbsp;&nbsp;$50.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Compression Technician Certificate&nbsp;&nbsp;$50.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Electric Vehicle Technician Certificate&nbsp;&nbsp;$50.00&nbsp;</span></p> <p><span class="cls0">Penalty for Late Certification Renewal:&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Equipment Technician Certificate&nbsp;&nbsp;$10.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Compression Technician Certificate&nbsp;&nbsp;$10.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Electric Vehicle Technician Certificate&nbsp;&nbsp;$10.00&nbsp;</span></p> <p><span class="cls0">Certificate fee if certified after March 1 of each year:&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Equipment Technician Certificate&nbsp;&nbsp;$25.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Compression Technician Certificate&nbsp;&nbsp;$25.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Electric Vehicle Technician Certificate&nbsp;&nbsp;$25.00&nbsp;</span></p> <p><span class="cls0">Certificate fee if certified after June 1 of each year:&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Equipment Technician Certificate&nbsp;&nbsp;$12.50&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Compression Technician Certificate&nbsp;&nbsp;$12.50&nbsp;</span></p> <p class="cls8"><span class="cls0">Electric Vehicle Technician Certificate&nbsp;&nbsp;$12.50&nbsp;</span></p> <p class="cls8"><span class="cls0">Company, Partnership or Corporation Certificate&nbsp;&nbsp;$100.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Annual Renewal for Company, Partnership or Corporation Certificate &nbsp;&nbsp;$100.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Training Program Certification (one-time fee)&nbsp;&nbsp;$500.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Alternative Fuels Installation Certification Per Location&nbsp;&nbsp;$1,000.00&nbsp;</span></p> <p class="cls8"><span class="cls0">Annual Renewal of Alternative Fuels Installation Certification Per Location &nbsp;&nbsp;$1,000.00&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 7, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 12, eff. July 1, 1991. Renumbered from &sect; 420.57 of Title 52 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991. Amended by Laws 1993, c. 224, &sect; 6, eff. Sept. 1, 1993; Laws 1994, c. 379, &sect; 10, eff. Sept. 1, 1994; Laws 1997, c. 234, &sect; 5, eff. Nov. 1, 1997; Laws 1998, c. 160, &sect; 9, eff. Nov. 1, 1998; Laws 1999, c. 366, &sect; 6, eff. July 1, 1999; Laws 2012, c. 304, &sect; 828.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.18. Recertification - Rules and guidelines.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services shall adopt rules and guidelines for the expiration of certificates for alternative fuels equipment technicians, alternative fuels compression technicians, and electric vehicle technicians, and for determining the recertification of alternative fuels equipment technicians, alternative fuels compression technicians, and electric vehicle technicians.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 8, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 13, eff. July 1, 1991. Renumbered from &sect; 420.58 of Title 52 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991. Amended by Laws 1994, c. 379, &sect; 11, eff. Sept. 1, 1994; Laws 1998, c. 160, &sect; 10, eff. Nov. 1, 1998; Laws 2012, c. 304, &sect; 829.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.19. Alternative Fuels Technician Hearing Board - Complaints - Investigations - False or fraudulent representation - Suspension or revocation of certificate.&nbsp;</span></p> <p><span class="cls0">A. A person or persons designated by the Director of the Office of Management and Enterprise Services and the Committee shall act as the Alternative Fuels Technician Hearing Board and shall comply with the provisions of the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">B. The Alternative Fuels Technician Hearing Board may, upon its own motion, and shall, upon written complaint filed by any person, investigate the business transactions of any certified alternative fuels equipment or compression technician, or electric vehicle technician. The Board shall suspend or revoke any certificate or registration obtained by false or fraudulent representation. The Board shall also suspend or revoke any certificate or registration for any of the following:&nbsp;</span></p> <p><span class="cls0">1. Making a material misstatement in the application for a certificate or registration, or the renewal of a certificate or registration;&nbsp;</span></p> <p><span class="cls0">2. Loaning or illegally using a certificate;&nbsp;</span></p> <p><span class="cls0">3. Demonstrating incompetence to act as an alternative fuels equipment technician, alternative fuels compression technician, or electric vehicle technician;&nbsp;</span></p> <p><span class="cls0">4. Violating any provisions of the Alternative Fuels Technician Certification Act, or any rule or order prescribed by the Office of Management and Enterprise Services; or&nbsp;</span></p> <p><span class="cls0">5. Willfully failing to perform normal business obligations without justifiable cause.&nbsp;</span></p> <p><span class="cls0">Any person whose alternative fuels equipment technician certificate, alternative fuels compression technician certificate, or electric vehicle technician certificate has been revoked by the Alternative Fuels Technician Hearing Board may apply for a new certificate one (1) year from the date of such revocation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 9, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 14, eff. July 1, 1991. Renumbered from &sect; 420.59 of Title 52 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991. Amended by Laws 1994, c. 379, &sect; 12, eff. Sept. 1, 1994; Laws 1998, c. 160, &sect; 11, eff. Nov. 1, 1998; Laws 2012, c. 304, &sect; 830.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.20. Work of technician by noncertified person.&nbsp;</span></p> <p><span class="cls0">After September 1, 1991, it shall be unlawful for any person to perform the work or offer, by advertisement or otherwise, to perform the work of an alternative fuels equipment technician until such person has qualified and is certified as an alternative fuels equipment technician. Beginning September 1, 1995, it shall be unlawful for any person to perform work or offer, by advertisement or otherwise, to perform the work of an alternative fuels compression technician until such person has qualified and is certified as an alternative fuels compression technician. Beginning November 1, 1998, it shall be unlawful for any person to perform the work or offer, by advertisement or otherwise, to perform the work of an electric vehicle technician until such person has qualified and is certified as an electric vehicle technician. Electric vehicles that have a manufacturer's warranty shall be serviced by an authorized new car dealer. Any vehicle manufacturer's training center located in the state, which offers alternative fuel and electric vehicle courses meeting new car manufacturing requirements, shall be exempted from this act. Provided, nothing in the Alternative Fuels Technician Certification Act shall be construed to prohibit a noncertified person from converting the engine of a farm tractor, as defined in Section 1-118 of Title 47 of the Oklahoma Statutes, to an engine fueled by alternative fuels, as long as such farm tractor is not operated on the roads and highways of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 10, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 15, eff. July 1, 1991. Renumbered from Title 52, &sect; 420.60 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991. Amended by Laws 1994, c. 379, &sect; 13, eff. Sept. 1, 1994; Laws 1998, c. 160, &sect; 12, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-130.21. Change of address of holder of certificate or registration.&nbsp;</span></p> <p><span class="cls0">Any holder of a certificate or registration issued in accordance with the provisions of the Alternative Fuels Technician Certification Act shall promptly notify the Office of Management and Enterprise Services of any change in such holder's address.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 11, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 16, eff. July 1, 1991. Renumbered from &sect; 420.61 of Title 52 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991. Amended by Laws 2012, c. 304, &sect; 831.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.22. Alternative Fuels Technician Certification Revolving Fund.&nbsp;</span></p> <p><span class="cls0">All monies received by the Office of Management and Enterprise Services under the Alternative Fuels Technician Certification Act shall be deposited with the State Treasurer and credited to the "Alternative Fuels Technician Certification Revolving Fund". The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the Office of Management and Enterprise Services. Expenditures from this fund shall be made pursuant to the purposes of the Alternative Fuels Technician Certification Act and shall include, but not be limited to, payment of operating costs, costs of programs designed to promote public awareness of the alternative fuels industry, expenditures for the preparation and printing of regulations, bulletins or other documents and the furnishing of copies of the documents to those persons engaged in the alternative fuels industry or the public, and expenses the Office incurs to support program operations. Warrants for expenditures shall be drawn by the State Treasurer based on claims signed and approved for payment by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 12, operative July 1, 1990. Amended by Laws 1991, c. 235, &sect; 17, eff. July 1, 1991. Renumbered from &sect; 420.62 of Title 52 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991. Amended by Laws 2003, c. 372, &sect; 12, eff. July 1, 2003; Laws 2010, c. 413, &sect; 28, eff. July 1, 2010; Laws 2012, c. 304, &sect; 832.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-130.23. Violations - Criminal penalties.&nbsp;</span></p> <p><span class="cls0">Any person convicted of violating any provision of the Alternative Fuels Technician Certification Act shall be guilty of a misdemeanor. The continued violation of any provision of the Alternative Fuels Technician Certification Act during each day shall be deemed to be a separate offense. Upon conviction thereof the person shall be punished by imprisonment in the county jail not to exceed one (1) year, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment for each offense. The Alternative Fuels Technician Hearing Board may request the appropriate district attorney to prosecute such violation and seek an injunction against such practice.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 13, operative July 1, 1990. Renumbered from Title 52, &sect; 420.63 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-130.24. Violations - Civil penalties - Determination of penalty amount - Surrender of certificate in lieu of fine.&nbsp;</span></p> <p><span class="cls0">A. Any person who has been determined by the Alternative Fuels Technician Hearing Board to have violated any provision of the Alternative Fuels Technician Certification Act or any rule or order issued pursuant to the provisions of the Alternative Fuels Technician Certification Act may be liable for a civil penalty of not more than One Hundred Dollars ($100.00) for each day that said violation occurs. The maximum civil penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations.&nbsp;</span></p> <p><span class="cls0">B. The amount of the penalty shall be assessed by the Board pursuant to the provisions of subsection A of this section, after notice and hearing. In determining the amount of the penalty, the Board shall include but not be limited to, consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, and any show of good faith in attempting to achieve compliance with the provisions of the Alternative Fuels Technician Certification Act. All monies collected from such civil penalties shall be deposited with the State Treasurer of Oklahoma and placed in the Alternative Fuels Technician Certification Revolving Fund.&nbsp;</span></p> <p><span class="cls0">C. Any certificate holder may elect to surrender his certificate in lieu of said fine but shall be forever barred from obtaining a reissuance of said certificate.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 294, &sect; 14, operative July 1, 1990. Renumbered from Title 52, &sect; 420.64 by Laws 1991, c. 235, &sect; 24, eff. July 1, 1991.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-149. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;74150.1. Short title&nbsp;</span></p> <p><span class="cls0">There is hereby created an agency of state government to be designated the Oklahoma State Bureau of Investigation.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1976, c. 259, &sect; 1, operative July 1, 1976. &nbsp;</span></p> <p><span class="cls0">&sect;74-150.2. Powers and duties.&nbsp;</span></p> <p><span class="cls0">The Oklahoma State Bureau of Investigation shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Maintain a nationally accredited scientific laboratory to assist all law enforcement agencies in the discovery and detection of criminal activity;&nbsp;</span></p> <p><span class="cls0">2. Maintain fingerprint and other identification files including criminal history records, juvenile identification files, and DNA profiles;&nbsp;</span></p> <p><span class="cls0">3. Establish, coordinate and maintain the automated fingerprinting identification system (AFIS) and the deoxyribonucleic acid (DNA) laboratory;&nbsp;</span></p> <p><span class="cls0">4. Operate teletype, mobile and fixed radio or other communications systems;&nbsp;</span></p> <p><span class="cls0">5. Conduct schools and training programs for the agents, peace officers, and technicians of this state charged with the enforcement of law and order and the investigation and detection of crime;&nbsp;</span></p> <p><span class="cls0">6. Assist the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Chief Medical Examiner, and all law enforcement officers and district attorneys when such assistance is requested, in accordance with the policy determined by the Oklahoma State Bureau of Investigation Commission established in Section 150.3 of this title;&nbsp;</span></p> <p><span class="cls0">7. Investigate and detect criminal activity when directed to do so by the Governor;&nbsp;</span></p> <p><span class="cls0">8. Investigate, detect, institute and maintain actions involving vehicle theft pursuant to Section 150.7a of this title or oil, gas or oil field equipment theft pursuant to Sections 152.2 through 152.9 of this title;&nbsp;</span></p> <p><span class="cls0">9. Investigate any criminal threat made to the physical safety of elected or appointed officials of this state or any political subdivision of the state and forward the results of that investigation to the Department of Public Safety, and provide security to foreign elected or appointed officials while they are in this state on official business;&nbsp;</span></p> <p><span class="cls0">10. Investigate and detect violations of the Oklahoma Computer Crimes Act; and&nbsp;</span></p> <p><span class="cls0">11. Investigate and enforce all laws relating to any crime listed as an exception to the definition of &ldquo;nonviolent offense&rdquo; as set forth in section 571 of Title 57 of the Oklahoma Statutes that occur on the turnpikes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 259, &sect; 2, operative July 1, 1976. Amended by Laws 1983, c. 145, &sect; 1, eff. Jan. 1, 1984; Laws 1986, c. 201, &sect; 8, operative July 1, 1986; Laws 1989, c. 353, &sect; 9, emerg. eff. June 3, 1989; Laws 1990, c. 282, &sect; 3, operative July 1, 1990; Laws 1991, c. 227, &sect; 2, emerg. eff. May 23, 1991; Laws 1991, c. 335, &sect; 31, emerg. eff. June 15, 1991; Laws 1994, c. 259, &sect; 1, eff. Sept. 1, 1994; Laws 1996, c. 281, &sect; 1, emerg. eff. June 5, 1996; Laws 2001, c. 261, &sect; 1, eff. July 1, 2001; Laws 2002, c. 351, &sect; 1, emerg. eff. May 30, 2002; Laws 2003, c. 461, &sect; 15, eff. July 1, 2003; Laws 2006, c. 303, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1986, c. 46, &sect; 1 repealed by Laws 1989, c. 353, &sect; 14, emerg. eff. June 3, 1989. Laws 1991, c. 226, &sect; 3 repealed by Laws 1991, c. 335, &sect; 37, emerg. eff. June 15, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.3. State Bureau of Investigation Commission.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created an Oklahoma State Bureau of Investigation Commission which shall consist of seven (7) members, not more than two of whom shall be from the same congressional district. When congressional districts are redrawn, each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district. The members shall be appointed by the Governor and confirmed by the Senate and shall be removable only for cause, as provided by law for the removal of officers not subject to impeachment. The term of office of each member shall be seven (7) years. The first appointments shall be for the following terms as designated by the Governor: one member for a term of one (1) year; one member for a term of two (2) years; one member for a term of three (3) years; one member for a term of four (4) years; one member for a term of five (5) years; one member for a term of six (6) years; and one member for a term of seven (7) years. A member may serve more than one term on the Commission. Each member shall continue to serve so long as the member is qualified until a successor has been appointed and confirmed by the Senate. Vacancies occurring during a term shall be filled for the unexpired portion of the term by the same procedure used to make the regular appointments.&nbsp;</span></p> <p><span class="cls0">B. Four of the members shall represent the lay citizenry, one member shall be a district attorney while serving in that capacity, one member shall be a sheriff while serving in that capacity, and one member shall be a chief of police while serving in that capacity; provided that the sheriff and police chief members shall have successfully completed an approved course of instruction for peace officers as required by law.&nbsp;</span></p> <p><span class="cls0">C. Annually the Commission shall select one of the Commission members to serve as chair and one member to serve as vice-chair. The Commission shall meet at least quarterly. The chair shall preside at all meetings of the Commission and shall have the power to call meetings of the Commission. In addition, meetings of the Commission may be called by a majority of the members. The vice-chair shall perform these functions in the absence or incapacity of the chair. A quorum of four members of the Commission shall be necessary to conduct any official business. All actions taken by the Commission shall be by a simple majority vote of a quorum. In the event of a tie vote, the measure being voted upon shall be deemed to have failed.&nbsp;</span></p> <p><span class="cls0">The Commission shall adopt rules of procedure for the orderly performance of its functions.&nbsp;</span></p> <p><span class="cls0">D. Members of the Commission shall serve without salary but may be reimbursed for travel and other expenses in attending meetings and performing their duties in the manner provided for other state officers and employees under the State Travel Reimbursement Act. The laycitizen members shall be paid Thirty Dollars ($30.00) per diem for attendance at meetings of the Commission. No other provisions of law shall be construed as prohibiting public officers from also serving as members of the Commission, nor shall any other provisions of law be construed as prohibiting public officers or public employees from performing services for the Commission without compensation. It is further provided that no town, city, county or other subdivision or other agency of state government shall be prohibited from receiving a grant or from benefiting from grants or expenditures of the Commission for the reason that an officer or employee of such town, city, county or other subdivision or agency of state government is a Commission member or employee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 259, &sect; 3, operative July 1, 1976. Amended by Laws 1985, c. 178, &sect; 68, operative July 1, 1985; Laws 2002, c. 375, &sect; 21, eff. Nov. 5, 2002; Laws 2003, c. 229, &sect; 7, emerg. eff. May 20, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74150.4. Commission Powers and duties.&nbsp;</span></p> <p><span class="cls0">The Commission shall have the following powers and duties and responsibilities:&nbsp;</span></p> <p><span class="cls0">1. To appoint the Director of the Oklahoma State Bureau of Investigation, whose compensation shall be determined by the Legislature.&nbsp;</span></p> <p><span class="cls0">2. To hear any complaint against the Bureau or any of its employees according to the following procedure:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;Only those complaints which have been submitted in writing and are signed will be acted upon by the Commission.&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;All hearings on complaints shall be conducted in executive sessions, and shall not be open to the public.&nbsp;</span></p> <p><span class="cls0">c.&nbsp;&nbsp;The Commission shall have limited access to pertinent investigative files when investigating a complaint. The Director shall provide a procedure whereby the identification of all persons named in any investigative file except the subject of the complaint and the complaining witness shall not be revealed to the members of the Commission. Any consideration of files shall be in executive session not open to the public. No information or evidence received in connection with the hearings shall be revealed to any person or agency. Any violation hereof shall be grounds for removal from the Commission, and shall constitute a misdemeanor.&nbsp;</span></p> <p><span class="cls0">3. To make recommendations to the Director of any needed disciplinary action necessary as a result of an investigation conducted upon a complaint received.&nbsp;</span></p> <p><span class="cls0">4. To establish general procedures with regard to assisting law enforcement officers and district attorneys.&nbsp;</span></p> <p><span class="cls0">5. To establish a program of training for agents utilizing such courses as the National Police Academy conducted by the Federal Bureau of Investigation.&nbsp;</span></p> <p><span class="cls0">6. To require the Director to advise the Commission on the progress of pending investigations. All discussions of pending investigations shall be conducted in executive session not open to the public and no minutes of such sessions shall be kept. The Director shall not reveal the identity of any witnesses interviewed or the substance of their statements. No information received by the Commission shall be revealed to any person or agency by any Commission member. Any violation of this paragraph by a Commission member shall be grounds for removal from the Commission and shall constitute a misdemeanor.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1976, c. 259, &sect; 4, operative July 1, 1976. &nbsp;</span></p> <p><span class="cls0">&sect;74-150.5. Investigations - Persons to initiate request.&nbsp;</span></p> <p><span class="cls0">A. 1. Oklahoma State Bureau of Investigation investigations not covered under Section 150.2 of this title shall be initiated at the request of the following persons:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the Governor,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the Attorney General,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the Council on Judicial Complaints upon a vote by a majority of the Council,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the chair of any Legislative Investigating Committee which has been granted subpoena powers by resolution, upon authorization by a vote of the majority of the Committee,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the Director of the Department of Human Services, or designee, as authorized by Section 1-2-105 of Title 10A of the Oklahoma Statutes, or&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;a district court judge as authorized by Section 1-2-103 of Title 10A of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">2. Requests for investigations shall be submitted in writing and shall contain specific allegations of wrongdoing under the laws of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. The Governor may initiate special background investigations with the written consent of the person who is the subject of the investigation.&nbsp;</span></p> <p><span class="cls0">C. The chair of any Senate committee which is fulfilling the statutory responsibility for approving nominations made by the Governor may, upon a vote by a majority of the committee and with the written consent of the person who is to be the subject of the investigation, initiate a special background investigation of any nominee for the Oklahoma Horse Racing Commission as established by Section 201 of Title 3A of the Oklahoma Statutes or any nominee for the Board of Trustees of the Oklahoma Lottery Commission as established by Section 704 of Title 3A of the Oklahoma Statutes. The Bureau shall submit a report to the committee within thirty (30) days of the receipt of the request. Any consideration by the committee of a report from the Bureau shall be for the exclusive use of the committee and shall be considered only in executive session.&nbsp;</span></p> <p><span class="cls0">D. 1. All records relating to any investigation being conducted by the Bureau, including any records of laboratory services provided to law enforcement agencies pursuant to paragraph 1 of Section 150.2 of this title, shall be confidential and shall not be open to the public or to the Commission except as provided in Section 150.4 of this title; provided, however, officers and agents of the Bureau may disclose, at the discretion of the Director, such investigative information to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;officers and agents of federal, state, county, or municipal law enforcement agencies and to district attorneys, in the furtherance of criminal investigations within their respective jurisdictions,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;employees of the Department of Human Services in the furtherance of child abuse investigations, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;appropriate accreditation bodies for the purposes of the Bureau's obtaining or maintaining accreditation.&nbsp;</span></p> <p><span class="cls0">2. Any unauthorized disclosure of any information contained in the confidential files of the Bureau shall be a misdemeanor. The person or entity authorized to initiate investigations in this section, and the Attorney General in the case of investigations initiated by the Insurance Commissioner, shall receive a report of the results of the requested investigation. The person or entity requesting the investigation may give that information only to the appropriate prosecutorial officer or agency having statutory authority in the matter if that action appears proper from the information contained in the report, and shall not reveal or give such information to any other person or agency. Violation hereof shall be deemed willful neglect of duty and shall be grounds for removal from office.&nbsp;</span></p> <p><span class="cls0">E. It shall not be a violation of this section to reveal otherwise confidential information to outside agencies or individuals who are providing interpreter services, questioned document analysis, laboratory services, or other specialized services that are necessary in the assistance of Bureau investigations. Individuals or agencies receiving the confidential and investigative information or records or results of laboratory services provided to the Bureau by those agencies or individuals, shall be subject to the confidentiality provisions and requirements established in subsection D of this section.&nbsp;</span></p> <p><span class="cls0">F. It shall not be a violation of this section to reveal for training or educational purposes otherwise confidential information from records relating to any investigation previously conducted by the Bureau, including any records of laboratory services provided to law enforcement agencies pursuant to paragraph 1 of Section 150.2 of this title, so long as ten (10) or more years have passed since the production of the information or record.&nbsp;</span></p> <p><span class="cls0">G. It shall not be a violation of this section to reveal otherwise confidential information from records relating to any investigation being conducted by the Bureau, including any records of laboratory services provided to law enforcement agencies pursuant to paragraph 1 of Section 150.2 of this title or to the public, provided, release of the confidential information has been authorized by the Director of the Bureau for the purposes of developing or obtaining further information reasonably necessary to the successful conclusion of a criminal investigation being conducted by the Bureau or authorized by the Director of the Bureau for the purpose of advising crime victims or family representatives of homicide victims regarding the status of a pending investigation.&nbsp;</span></p> <p><span class="cls0">H. The State Treasurer shall initiate a complete background investigation of the positions with the written consent of the persons who are the subject of the investigation pursuant to subsection I of Section 71.1 of Title 62 of the Oklahoma Statutes. The Bureau shall advise the State Treasurer and the Cash Management and Investment Oversight Commission in writing of the results of the investigation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 259, &sect; 5, operative July 1, 1976. Amended by Laws 1983, c. 96, &sect; 1, eff. Oct. 1, 1983; Laws 1989, c. 369, &sect; 145, operative July 1, 1989; Laws 1994, c. 227, &sect; 5, emerg. eff. May 24, 1994; Laws 1999, c. 344, &sect; 8, emerg. eff. June 8, 1999; Laws 2000, c. 70, &sect; 1, eff. Nov. 1, 2000; Laws 2002, c. 77, &sect; 1, emerg. eff. April 15, 2002; Laws 2005, c. 37, &sect; 1, emerg. eff. April 12, 2005; Laws 2005, c. 278, &sect; 1, eff. Nov. 1, 2005; Laws 2006, c. 205, &sect; 17, eff. Nov. 1, 2006; Laws 2008, c. 121, &sect; 1, eff. Nov. 1, 2008; Laws 2009, c. 234, &sect; 162, emerg. eff. May 21, 2009; Laws 2010, c. 240, &sect; 1, emerg. eff. May 10, 2010; Laws 2011, c. 137, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.6. Director - Qualifications&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma State Bureau of Investigation shall be under the operational control of a Director. The Director shall be appointed or dismissed by a majority vote of the total membership of the Commission. The Director shall be a professional law enforcement officer who possesses a bachelor's degree from an accredited college or university and who shall have a minimum of five (5) years' experience in criminal investigation and/or law enforcement or five (5) years' experience as an agent with said Bureau and must have at least two (2) years' experience in an administrative position.&nbsp;</span></p> <p><span class="cls0">B. Any Director appointed on or after July l, 2003, may participate in either the Oklahoma Public Employees Retirement System or in the Oklahoma Law Enforcement Retirement System and shall make an irrevocable election in writing to participate in one of the two retirement systems.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 259, &sect; 6, operative July 1, 1976. Amended by Laws 2003, c. 199, &sect; 14, emerg. eff. May 7, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.6a. Salaries.&nbsp;</span></p> <p><span class="cls0">A. Effective July 1, 2004, the annual salaries for the Deputy Director, and the positions within the Oklahoma State Bureau of Investigation, as set out in this section, shall be in accordance and conformity with the following salary schedule, exclusive of longevity pay as authorized by Section 840-2.18 of this title:&nbsp;</span></p> <p class="cls9"><span class="cls0">1. Deputy Director:&nbsp;</span></p> <p class="cls10"><span class="cls0">The salary of the Deputy Director shall be ninety-five percent (95%) of that received by the Director;&nbsp;</span></p> <p class="cls9"><span class="cls0">2. Division Director:&nbsp;</span></p> <p class="cls10"><span class="cls0">The salary of a Division Director shall be ninety percent (90%) of that received by the Director;&nbsp;</span></p> <p class="cls9"><span class="cls0">3. Agent I (OSBI), Criminalist I:&nbsp;</span></p> <p class="cls11"><span class="cls0">Minimum $33,500.00, Mid-point $41,875.00,&nbsp;</span></p> <p class="cls11"><span class="cls0">Maximum $50,250.00;&nbsp;</span></p> <p class="cls9"><span class="cls0">4. Agent II (OSBI), Criminalist II:&nbsp;</span></p> <p class="cls11"><span class="cls0">Minimum $39,250.00, Mid-point $49,062.00,&nbsp;</span></p> <p class="cls11"><span class="cls0">Maximum $58,875.00;&nbsp;</span></p> <p class="cls9"><span class="cls0">5. Agent III (OSBI), Criminalist III:&nbsp;</span></p> <p class="cls11"><span class="cls0">Minimum $46,250.00, Mid-point $57,812.00,&nbsp;</span></p> <p class="cls11"><span class="cls0">Maximum $69,375.00;&nbsp;</span></p> <p class="cls9"><span class="cls0">6. Agent IV (OSBI), Criminalist IV:&nbsp;</span></p> <p class="cls11"><span class="cls0">Minimum $51,000.00, Mid-point $63,750.00,&nbsp;</span></p> <p class="cls11"><span class="cls0">Maximum $76,500.00; and&nbsp;</span></p> <p class="cls9"><span class="cls0">7. Agent V (OSBI), Criminalist V:&nbsp;</span></p> <p class="cls11"><span class="cls0">Minimum $56,000.00, Mid-point $70,000.00,&nbsp;</span></p> <p class="cls11"><span class="cls0">Maximum $84,000.00.&nbsp;</span></p> <p><span class="cls0">B. Effective July 1, 2004, positions allocated to the agent and criminalist job families may receive additional compensation through the use of pay mechanisms provided for in the Oklahoma Personnel Act and the Merit System of Personnel Administration Rules.&nbsp;</span></p> <p><span class="cls0">C. Effective January 1, 2007, the annual salaries for the Deputy Director, and the positions within the Oklahoma State Bureau of Investigation, as set out in this section, shall be in accordance and conformity with the following salary schedule, exclusive of longevity pay as authorized by Section 840-2.18 of this title:&nbsp;</span></p> <p><span class="cls0">1. Director: $80,138.10;&nbsp;</span></p> <p><span class="cls0">2. Deputy Director:&nbsp;</span></p> <p class="cls9"><span class="cls0">The salary of the Deputy Director shall be ninety-five percent (95%) of that received by the Director;&nbsp;</span></p> <p><span class="cls0">3. Division Director:&nbsp;</span></p> <p class="cls9"><span class="cls0">The salary of a Division Director shall be ninety percent (90%) of that received by the Director;&nbsp;</span></p> <p class="cls12"><span class="cls0">4. Agent I (OSBI), Criminalist I:&nbsp;</span></p> <p class="cls9"><span class="cls0">Minimum $40,778.00, Mid-point $49,153.00,&nbsp;</span></p> <p class="cls9"><span class="cls0">Maximum $57,528.00;&nbsp;</span></p> <p class="cls12"><span class="cls0">5. Agent II (OSBI), Criminalist II:&nbsp;</span></p> <p class="cls9"><span class="cls0">Minimum $46,260.00, Mid-point $56,072.00,&nbsp;</span></p> <p class="cls9"><span class="cls0">Maximum $65,885.00;&nbsp;</span></p> <p class="cls12"><span class="cls0">6. Agent III (OSBI), Criminalist III:&nbsp;</span></p> <p class="cls9"><span class="cls0">Minimum $51,980.00, Mid-point $63,542.00,&nbsp;</span></p> <p class="cls9"><span class="cls0">Maximum $75,105.00;&nbsp;</span></p> <p class="cls12"><span class="cls0">7. Agent IV (OSBI), Criminalist IV:&nbsp;</span></p> <p class="cls9"><span class="cls0">Minimum $60,615.00, Mid-point $73,365.00,&nbsp;</span></p> <p class="cls9"><span class="cls0">Maximum $86,115.00; and&nbsp;</span></p> <p class="cls12"><span class="cls0">8. Agent V (OSBI), Criminalist V:&nbsp;</span></p> <p class="cls9"><span class="cls0">Minimum $66,386.00, Mid-point $80,386.00,&nbsp;</span></p> <p class="cls9"><span class="cls0">Maximum $94,386.00.&nbsp;</span></p> <p><span class="cls0">Provided, however, no such employee shall receive less than the salary the employee received on December 31, 2006.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 305, &sect; 1, eff. July 1, 1998. Amended by Laws 1998, c. 418, &sect; 63, eff. July 1, 1998; Laws 2000, c. 37, &sect; 14, eff. Oct. 1, 2000; Laws 2004, c. 346, &sect; 1, eff. July 1, 2004; Laws 2006, 2nd Ex. Sess., c. 83, &sect; 10, eff. Oct. 1, 2006; Laws 2007, c. 259, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.7. Director - Powers and duties.&nbsp;</span></p> <p><span class="cls0">The Director of the Oklahoma State Bureau of Investigation shall have the following powers, duties and responsibilities:&nbsp;</span></p> <p><span class="cls0">1. To appoint or dismiss a Deputy Director who shall have the same qualifications as the Director;&nbsp;</span></p> <p><span class="cls0">2. To supervise the maintaining of all reports and records of the Bureau and to promulgate administrative rules concerning the destruction and retention of such records. Such records shall not be transferred to the custody or control of the State Archives Commission or be subject to the provisions of Section 590 of Title 21 of the Oklahoma Statutes. The Director may, pursuant to adopted and promulgated administrative rule, order destruction of records deemed to be no longer of value to the Bureau, excluding criminalistic and investigative records which shall forever be kept and maintained;&nbsp;</span></p> <p><span class="cls0">3. To report to the Commission at each regular meeting, or as directed by the Commission, the current workload of the Bureau. Such reports shall be submitted by category of the persons or entities authorized to initiate investigations as provided for in subsection A of Section 150.5 of this title, and any other category the Commission may request which does not violate the confidentiality restrictions imposed in Sections 150.1 through 152.9 of this title. Such reports shall contain the following information:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;what types of investigations are pending,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;what new types of investigations have been opened,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;what types of investigations have been closed, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;what criminal charges have been filed as a result of Bureau investigations.&nbsp;</span></p> <p><span class="cls0">The reports shall not contain any information on the individual subjects of the investigation or persons questioned in connection with an investigation. These reports shall be open for public inspection;&nbsp;</span></p> <p><span class="cls0">4. To designate positions, appoint employees and fix salaries of the Bureau, other than the salaries established by subsection A of Section 150.6a of this title, and to authorize the payment of necessary certification expenses for the employees; and&nbsp;</span></p> <p><span class="cls0">5. To authorize the purchase and issuance of uniforms for all law enforcement officers, criminalists, and other personnel of the Bureau as designated by the Director and to purchase and issue necessary equipment for all employees of the Bureau. All uniforms and equipment shall be used only in the performance of the official duties of the officers, criminalists or other personnel and shall remain the property of the Bureau except as otherwise provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 259, &sect; 7, operative July 1, 1976. Amended by Laws 1998, c. 305, &sect; 2, eff. July 1, 1998; Laws 1999, c. 230, &sect; 2, emerg. eff. May 26, 1999; Laws 2002, c. 42, &sect; 1, eff. Nov. 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.7a. Motor vehicle theft unit.&nbsp;</span></p> <p><span class="cls0">A. The Director of the Oklahoma State Bureau of Investigation shall, pursuant to Section 150.2 of this title, have the authority to investigate, detect, institute, and maintain actions involving vehicle theft.&nbsp;</span></p> <p><span class="cls0">B. Any commissioned employee of the Oklahoma State Bureau of Investigation may:&nbsp;</span></p> <p><span class="cls0">1. Conduct investigations of organized motor vehicle or heavy equipment theft rings;&nbsp;</span></p> <p><span class="cls0">2. Determine sources and outlets for stolen motor vehicles, motor vehicle parts or heavy equipment;&nbsp;</span></p> <p><span class="cls0">3. Investigate any theft of a motor vehicle, motor vehicle parts or heavy equipment for which the Agency receives notice;&nbsp;</span></p> <p><span class="cls0">4. Arrest or cause the arrest of any person when reasonable grounds exist to believe that such person has stolen a motor vehicle, motor vehicle parts or heavy equipment;&nbsp;</span></p> <p><span class="cls0">5. Coordinate the effort of this state to reduce motor vehicle theft with local, state and federal law enforcement agencies; or&nbsp;</span></p> <p><span class="cls0">6. Develop educational programs on detection and prevention of motor vehicle theft.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 197, &sect; 1, operative July 1, 1982. Amended by Laws 1986, c. 46, &sect; 2, eff. Nov. 1, 1986; Laws 2001, c. 74, &sect; 1, eff. Nov. 1, 2001; Laws 2006, c. 303, &sect; 2, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74150.7b. Disclosure of motor vehicle theft or insurance fraud Definitions.&nbsp;</span></p> <p><span class="cls0">As used in Sections 1 through 5 of this act:&nbsp;</span></p> <p><span class="cls0">1. "Authorized governmental agency" means:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;the Department of Public Safety, a police department of any city or town, a county sheriff's department, or any duly constituted criminal investigative department or agency of the United States, or&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;a district attorney or the prosecuting attorney of any municipality or of the United States or any judicial district of the United States; and&nbsp;</span></p> <p><span class="cls0">2. "Insurer" means any insurer admitted in this state to write insurance for motor vehicles or otherwise liable for any loss due to motor vehicle theft or motor vehicle insurance fraud.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 201, &sect; 1, eff. Nov. 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;74150.7c. Relevant information Written request Duty to inform governmental agency Release of information.&nbsp;</span></p> <p><span class="cls0">A. On written request to any insurer by an authorized governmental agency, the insurer or an agent authorized by an insurer to act on its behalf shall release to the authorized governmental agency any relevant information that the authorized governmental agency requests and that the insurer has relating to any specific motor vehicle theft or motor vehicle insurance fraud. Relevant information shall include but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Insurance policy information relevant to the specific motor vehicle theft or motor vehicle insurance fraud under investigation, including any application for the policy;&nbsp;</span></p> <p><span class="cls0">2. Policy premium payment records that are available;&nbsp;</span></p> <p><span class="cls0">3. History of previous comprehensive and collision claims made by the insured;&nbsp;</span></p> <p><span class="cls0">4. Information relating to the investigation of the motor vehicle theft or motor vehicle insurance fraud, including statements of any person, proofs of loss, and notice of loss; and&nbsp;</span></p> <p><span class="cls0">5. Information on payment of claims for motor vehicles which are so damaged that the vehicle cannot be repaired or rebuilt.&nbsp;</span></p> <p><span class="cls0">B. An insurer or an agent authorized by an insurer to act on its behalf shall notify the authorized governmental agency if the insurer or agent:&nbsp;</span></p> <p><span class="cls0">1. Knows the identity of a person whom the insurer or agent has reason to believe committed a criminal or fraudulent act relating to a motor vehicle theft or motor vehicle insurance claim; or&nbsp;</span></p> <p><span class="cls0">2. Has knowledge of a criminal fraudulent act relating to a motor vehicle theft or motor vehicle insurance claim that is reasonably believed not to have been reported to an authorized governmental agency; or&nbsp;</span></p> <p><span class="cls0">3. Has a claim for a motor vehicle which is so damaged that the vehicle cannot be repaired or rebuilt.&nbsp;</span></p> <p><span class="cls0">C. The authorized governmental agency, if provided with information pursuant to this section, may release or provide the information to any other authorized governmental agencies.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 201, &sect; 2, eff. Nov. 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;74150.7d. Confidentiality.&nbsp;</span></p> <p><span class="cls0">Any information furnished as provided by Sections 1 through 4 of this act shall be privileged and not a part of any public record. Except as otherwise provided by law, the Oklahoma State Bureau of Investigation, any authorized governmental agency, insurer, or agent authorized by an insurer to act on its behalf that receives any information furnished as provided by Sections 1 through 4 of this act shall not release the information to the public. The evidence or information shall not be subject to a subpoena or subpoena duces tecum in a civil or criminal proceeding unless, after reasonable notice to any insurer, an agent authorized by an insurer to act on its behalf, the Oklahoma State Bureau of Investigation, or any authorized governmental agency that has an interest in the information, and after a hearing, a court determines that the public interest and any ongoing investigation by the Oklahoma State Bureau of Investigation, authorized governmental agency, insurer, or agent authorized by an insurer to act on its behalf will not be jeopardized by obedience to the subpoena.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 201, &sect; 3, eff. Nov. 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;74150.7e. Liability of insurer.&nbsp;</span></p> <p><span class="cls0">In the absence of fraud or malice, an insurer or person who furnishes information on behalf of an insurer shall not be liable for damages in a civil action or subject to criminal prosecution for oral or written statements made or any other action taken necessary to supply information required pursuant to this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 201, &sect; 4, eff. Nov. 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;74150.7f. Violations Penalties.&nbsp;</span></p> <p><span class="cls0">It is unlawful for any insurer or agent authorized by the insurer to act on its behalf to violate any provision of Sections 1 through 4 of this act. Any person convicted of suchviolation shall be guilty of a misdemeanor punishable by the imposition of a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. Furthermore, upon such conviction, the license and/or authorization to transact insurance business in this state may be revoked by the Insurance Commissioner.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 201, &sect; 5, eff. Nov. 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;74-150.8. Appointment of employees - Powers of peace officers - Probationary period - Classified service - Rights under additional pension systems.&nbsp;</span></p> <p><span class="cls0">A. The Director shall appoint as employees only persons of outstanding honesty, integrity and ability. An agent, at the time of appointment to the Bureau, shall be at least twenty-one (21) years of age and shall possess a bachelor's degree from an accredited college or university.&nbsp;</span></p> <p><span class="cls0">B. The officers and agents of the Oklahoma State Bureau of Investigation, and such other employees as the Director of the Bureau of Investigation shall designate to perform duties in the investigation and prevention of crime and the enforcement of the criminal laws of the state, shall have and exercise all the powers and authority of peace officers, including the right and power of search and seizure.&nbsp;</span></p> <p><span class="cls0">C. Any Oklahoma State Bureau of Investigation employee promoted, voluntarily demoted or transferred into an agent or criminalist position within the Bureau shall serve a twelve-month trial period. Any state employee in a classified position with an agency other than the Bureau who is selected for an agent or criminalist position within the Bureau shall resign his or her position and be reinstated in accordance with the merit rules.&nbsp;</span></p> <p><span class="cls0">D. Any employee in a classified position under the Merit System of Personnel Administration who is appointed Director, Deputy Director, Acting Director, Acting Deputy Director, or Assistant Director shall have a right to return to the classified service without any loss of rights, privileges or benefits immediately upon completion of the duties of the employee provided the employee is not otherwise disqualified.&nbsp;</span></p> <p><span class="cls0">E. All other employees of the State Bureau of Investigation shall be in the classified service of the state and members of the Merit System of Personnel Administration, unless otherwise provided by law.&nbsp;</span></p> <p><span class="cls0">F. Appointment to any position in the State Bureau of Investigation shall not jeopardize the rights of any person under any other system under which peace officers of this state or its subdivisions may become pensioned, provided that the individual contributions are continued as if such person were in the original organization within which the person qualified for such pension.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 259, &sect; 8, operative July 1, 1976. Amended by Laws 1977, c. 132, &sect; 1, emerg. eff. June 3, 1977; Laws 1981, c. 340, &sect; 23, emerg. eff. June 30, 1981; Laws 1982, c. 64, &sect; 2, emerg. eff. March 30, 1982; Laws 1984, c. 240, &sect; 7, operative July 1, 1984; Laws 1989, c. 369, &sect; 146, operative July 1, 1989; Laws 1996, c. 153, &sect; 2, emerg. eff. May 7, 1996; Laws 1998, c. 388, &sect; 1, eff. July 1, 1998; Laws 2001, c. 236, &sect; 1, eff. July 1, 2001; Laws 2002, c. 347, &sect; 2, eff. Nov. 1, 2002; Laws 2012, c. 153, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.8a. Employee performance recognition program - Awards.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma State Bureau of Investigation is authorized to establish an employee performance recognition program that encourages outstanding job performance and productivity within the Bureau. The Bureau is authorized to expend funds for:&nbsp;</span></p> <p><span class="cls0">1. The purchase of recognition awards to be presented to members of work units or individual employees having exceptional job performance records or other significant contributions to the operation of the Bureau;&nbsp;</span></p> <p><span class="cls0">2. The purchase of recognition awards to be presented to nonemployees of the Bureau in recognition of exemplary service or assistance to the Bureau and law enforcement; and&nbsp;</span></p> <p><span class="cls0">3. A formal ceremony or banquet where the awards may be presented.&nbsp;</span></p> <p><span class="cls0">B. Recognition awards may consist of distinctive wearing apparel, service pins, plaques, writing pens, or other distinguished awards of a value not exceeding One Hundred Fifty Dollars ($150.00) per award to recognize the achievement of the work unit or individual employee. In addition to recognition awards, the Bureau may establish an employee benefit program not exceeding Five Thousand Dollars ($5,000.00) each fiscal year for cash awards to recognize outstanding performance in the workplace by Bureau employees.&nbsp;</span></p> <p><span class="cls0">C. The Bureau may expend funds not exceeding Three Thousand Dollars ($3,000.00) each fiscal year for the purpose of distributing commemorative items including, but not limited to, pens, patches, and notebook portfolios bearing the seal or other identification of the Bureau to nonemployees of the Bureau. The Bureau may expend additional funds to provide awards and commemorative items including, but not limited to, pens, patches and notebook portfolios bearing the seal or other identification of the Bureau to participants in OSBI Citizen Academies designed and held to foster better public relations and to educate members of the community about the Bureau&rsquo;s mission and operations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 230, &sect; 3, emerg. eff. May 26, 1999. Amended by Laws 2004, c. 140, &sect; 1, eff. Nov. 1, 2004; Laws 2005, c. 223, &sect; 2, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.9. System of criminal history records - Fees for records or fingerprint analysis - Identification files on juveniles - Penalties.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma State Bureau of Investigation shall procure, file and maintain criminal history records for each person subject to mandatory reporting as provided by law, including photographs, descriptions, fingerprints, measurements and other pertinent information relating to such persons. It shall be the duty of law enforcement officers and agencies, sheriffs, police, courts, judicial officials, district attorneys, and the persons in charge of any state correctional facility or institution to furnish criminal history records to the Bureau as required by Section 150.1 et seq. of this title. The Oklahoma State Bureau of Investigation shall cooperate with and assist the sheriffs, chiefs of police and other law enforcement officers of the state by maintaining a complete criminal history record on each person subject to mandatory reporting as provided by law, and shall have on file the fingerprint impressions of all such persons together with other pertinent information as may from time to time be received from the law enforcement officers of this and other states or as may be required by law.&nbsp;</span></p> <p><span class="cls0">B. 1. The Oklahoma Department of Consumer Credit, the Insurance Department, the Oklahoma Horse Racing Commission, or any other state agency, board, department or commission or any other person or entity authorized to request a criminal history record or an analysis of fingerprints for commercial, licensing or other purposes, except law enforcement purposes, shall conduct a national criminal history records check on all persons of the entity authorized to access or review national criminal history records checks information by July 1, 2009, and within sixty (60) days thereafter.&nbsp;</span></p> <p><span class="cls0">2. Each agency, person or entity authorized to request a criminal history record or an analysis of fingerprints shall pay a fee to the Bureau for each criminal history record or fingerprint analysis as follows:&nbsp;</span></p> <p class="cls13"><span class="cls0">Oklahoma criminal history record only&nbsp;&nbsp;$15.00 each&nbsp;</span></p> <p class="cls14"><span class="cls0">Oklahoma criminal history record with fingerprint analysis&nbsp;&nbsp;$19.00 each&nbsp;</span></p> <p class="cls14"><span class="cls0">National criminal history record with fingerprint analysis&nbsp;&nbsp;$41.00 each&nbsp;</span></p> <p><span class="cls0">3. For purposes of this section, &ldquo;a national criminal history record check&rdquo; means a check of criminal history records entailing the fingerprinting of the individual and submission of the fingerprints to the United States Federal Bureau of Investigation (FBI) for the purpose of obtaining the national criminal history record of the person from the FBI. A criminal history record check may be obtained only when a check is authorized or required by state or federal law.&nbsp;</span></p> <p><span class="cls0">4. Unless a national criminal history record is specifically requested, a fingerprint analysis shall be limited to only those records available at the Oklahoma State Bureau of Investigation. Following receipt of the appropriate fee, the Bureau shall provide, as soon as possible, the criminal history record requested; provided, however, it shall be the duty and responsibility of the requesting authority to evaluate the criminal history record as such record may apply to a specific purpose or intent. An individual may submit a certified court record showing that a charge was dismissed or a certified copy of a gubernatorial pardon to the Oklahoma State Bureau of Investigation, and upon verification of that record the Bureau records shall reflect the dismissal of that charge.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma State Bureau of Investigation may maintain an identification file, including fingerprint impressions, on any person under eighteen (18) years of age who is arrested or subject to criminal or juvenile delinquency proceedings, provided all such information shall be confidential and shall only be made available to the Bureau and other law enforcement agencies. Whenever a fingerprint impression or other identification information is submitted to the Bureau on a person under eighteen (18) years of age, the Bureau may retain and file such fingerprint and identification information for identification purposes only. The Bureau shall ensure that the information received and maintained for identification purposes on persons under eighteen (18) years of age shall be handled and processed with great care to keep such information confidential from the general public. The Bureau may receive and maintain the fingerprints and other identification information on any person under eighteen (18) years of age believed to be the subject of a runaway, missing, or abduction investigation, for identification purposes at the request of a parent, guardian or legal custodian of the person.&nbsp;</span></p> <p><span class="cls0">D. Any person who knowingly procures, utters, or offers any false, forged or materially altered criminal history record shall be guilty of a felony and upon conviction shall be punished by imprisonment in the custody of the Department of Corrections for a period not to exceed five (5) years or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 259, &sect; 9, operative July 1, 1976. Amended by Laws 1986, c. 201, &sect; 11, operative July 1, 1986; Laws 1990, c. 186, &sect; 2, eff. Sept. 1, 1990; Laws 1990, c. 258, &sect; 49, operative July 1, 1990; Laws 1994, c. 259, &sect; 2, eff. Sept. 1, 1994; Laws 2000, c. 258, &sect; 1, eff. July 1, 2000; Laws 2001, c. 261, &sect; 2, eff. July 1, 2001; Laws 2003, c. 204, &sect; 11, eff. Nov. 1, 2003; Laws 2008, c. 107, &sect; 1, eff. July 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.9a. Oklahoma Crime Prevention and Privacy Compact Act &ndash; Legislative findings &ndash; Definitions &ndash; Effect on other statutes.&nbsp;</span></p> <p><span class="cls0">A. This section shall be known and may be cited as the "Oklahoma Crime Prevention and Privacy Compact Act".&nbsp;</span></p> <p><span class="cls0">B. The State of Oklahoma finds that:&nbsp;</span></p> <p><span class="cls0">1. Both the Federal Bureau of Investigation and state criminal history record repositories maintain fingerprint-based criminal history records;&nbsp;</span></p> <p><span class="cls0">2. These criminal history records are shared and exchanged for criminal justice purposes through a federal-state program known as the Interstate Identification Index System;&nbsp;</span></p> <p><span class="cls0">3. Although these records are also exchanged for legally authorized, noncriminal justice uses, such as governmental licensing and employment background checks, the purposes for and procedures by which they are exchanged vary widely from state to state;&nbsp;</span></p> <p><span class="cls0">4. An interstate and federal-state compact is necessary to facilitate authorized interstate criminal history record exchanges for noncriminal justice purposes on a uniform basis, while permitting each state to effectuate its own dissemination policy within its own borders; and&nbsp;</span></p> <p><span class="cls0">5. The Compact will allow federal and state records to be provided expeditiously to governmental and nongovernmental agencies that use these records in accordance with pertinent federal and state law, while simultaneously enhancing the accuracy of the records and safeguarding the information contained therein from unauthorized disclosure or use.&nbsp;</span></p> <p><span class="cls0">C. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Attorney General&rdquo; means the Attorney General of the United States;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Compact&rdquo; means the National Crime Prevention and Privacy Compact set forth in sections of this act;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Council&rdquo; means the Compact Council established under Article VI of the Compact;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;FBI&rdquo; means the Federal Bureau of Investigation;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Party state&rdquo; means a state that has ratified the Compact; and&nbsp;</span></p> <p><span class="cls0">6. &ldquo;State&rdquo; means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.&nbsp;</span></p> <p><span class="cls0">D. This section shall have the following effect on other statutes:&nbsp;</span></p> <p><span class="cls0">1. Privacy Act of 1974. Nothing in this section or the Compact shall affect the obligations and responsibilities of the FBI under Section 552a of Title 5, United States Code (commonly known as the Privacy Act of 1974);&nbsp;</span></p> <p><span class="cls0">2. Access to certain records not affected. Nothing in this section or the Compact shall interfere in any manner with:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;access, direct or otherwise, to records pursuant to:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;Section 9109 of Title 5, United States Code,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;the National Child Protection Act,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;the Brady Handgun Violence Prevention Act (Public Law 103-159; 107 Stat. 1536),&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2074) or any amendment made by that act,&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), or&nbsp;</span></p> <p class="cls3"><span class="cls0">(6)&nbsp;&nbsp;the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any direct access to federal criminal history records authorized by law;&nbsp;</span></p> <p><span class="cls0">3. Authority of FBI Under Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973. Nothing in this section or the Compact shall be construed to affect the authority of the FBI under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544; 86 Stat. 1115);&nbsp;</span></p> <p><span class="cls0">4. Federal Advisory Committee Act. The Council shall not be considered to be a federal advisory committee for purposes of the Federal Advisory Committee Act (5 U.S.C. App.); and&nbsp;</span></p> <p><span class="cls0">5. Members of Council Not Federal Officers or Employees. Members of the Council (other than a member from the FBI or any at-large member who may be a federal official or employee) shall not, by virtue of such membership, be deemed:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;to be, for any purpose other than to effect the Compact, officers or employees of the United States (as defined in Sections 2104 and 2105 of Title 5, United States Code), or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;to become entitled by reason of Council membership to any compensation or benefit payable or made available by the federal government to its officers or employees.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 261, &sect; 3, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.9b. National Crime Prevention and Privacy Compact.&nbsp;</span></p> <p><span class="cls0">The following National Crime Prevention and Privacy Compact is hereby ratified, enacted, entered into and given force of law by the State of Oklahoma:&nbsp;</span></p> <p><span class="cls0">NATIONAL CRIME PREVENTION AND PRIVACY COMPACT&nbsp;</span></p> <p><span class="cls0">Overview&nbsp;</span></p> <p><span class="cls0">ARTICLE I&mdash;DEFINITIONS&nbsp;</span></p> <p><span class="cls0">ARTICLE II&mdash;PURPOSES&nbsp;</span></p> <p><span class="cls0">ARTICLE III&mdash;RESPONSIBILITIES OF COMPACT PARTIES&nbsp;</span></p> <p><span class="cls0">ARTICLE IV&mdash;AUTHORIZED RECORD DISCLOSURES&nbsp;</span></p> <p><span class="cls0">ARTICLE V&mdash;RECORD REQUEST PROCEDURES&nbsp;</span></p> <p><span class="cls0">ARTICLE VI&mdash;ESTABLISHMENT OF COMPACT COUNCIL&nbsp;</span></p> <p><span class="cls0">ARTICLE VII&mdash;RATIFICATION OF COMPACT&nbsp;</span></p> <p><span class="cls0">ARTICLE VIII&mdash;MISCELLANEOUS PROVISIONS&nbsp;</span></p> <p><span class="cls0">ARTICLE IX&mdash;RENUNCIATION&nbsp;</span></p> <p><span class="cls0">ARTICLE X&mdash;SEVERABILITY&nbsp;</span></p> <p><span class="cls0">ARTICLE XI&mdash;ADJUDICATION OF DISPUTES&nbsp;</span></p> <p><span class="cls0">The Contracting parties agree to the following:&nbsp;</span></p> <p><span class="cls0">Overview&nbsp;</span></p> <p><span class="cls0">a. In General.&mdash;This Compact organizes an electronic information sharing system among the Federal Government and the States to exchange criminal history records for noncriminal justice purposes authorized by Federal or State law, such as background checks for governmental licensing and employment.&nbsp;</span></p> <p><span class="cls0">b. Obligations of Parties.&mdash;Under this Compact, the FBI and the Party States agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the Federal Government and to Party States for authorized purposes. The FBI shall also manage the Federal data facilities that provide a significant part of the infrastructure for the system.&nbsp;</span></p> <p><span class="cls0">ARTICLE I&mdash;DEFINITIONS&nbsp;</span></p> <p><span class="cls0">In this Compact:&nbsp;</span></p> <p><span class="cls0">1. Attorney General.&mdash;The term &ldquo;Attorney General&rdquo; means the Attorney General of the United States.&nbsp;</span></p> <p><span class="cls0">2. Compact officer.&mdash;The term &ldquo;Compact officer&rdquo; means&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;with respect to the Federal Government, an official so designated by the Director of the FBI; and&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;with respect to a Party State, the chief administrator of the State&rsquo;s criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.&nbsp;</span></p> <p><span class="cls0">3. Council.&mdash;The term &ldquo;Council&rdquo; means the Compact Council established under Article VI.&nbsp;</span></p> <p><span class="cls0">4. Criminal history records.&mdash;The term &ldquo;criminal history records&rdquo;&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.&nbsp;</span></p> <p><span class="cls0">5. Criminal history record repository.&mdash;The term &ldquo;criminal history record repository&rdquo; means the State agency designated by the Governor or other appropriate executive official or the legislature of a State to perform centralized recordkeeping functions for criminal history records and services in the State.&nbsp;</span></p> <p><span class="cls0">6. Criminal justice.&mdash;The term &ldquo;criminal justice&rdquo; includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.&nbsp;</span></p> <p><span class="cls0">7. Criminal justice agency.&mdash;The term &ldquo;criminal justice agency&rdquo;&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;means&mdash;&nbsp;</span></p> <p class="cls3"><span class="cls0">i.&nbsp;&nbsp;courts; and&nbsp;</span></p> <p class="cls3"><span class="cls0">ii.&nbsp;&nbsp;a governmental agency or any subunit thereof that&mdash;&nbsp;</span></p> <p class="cls6"><span class="cls0">I.&nbsp;&nbsp;performs the administration of criminal justice pursuant to a statute or Executive order; and&nbsp;</span></p> <p class="cls6"><span class="cls0">II.&nbsp;&nbsp;allocates a substantial part of its annual budget to the administration of criminal justice; and&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;includes Federal and State inspectors general offices.&nbsp;</span></p> <p><span class="cls0">8. Criminal justice services.&mdash;The term &ldquo;criminal justice services&rdquo; means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.&nbsp;</span></p> <p><span class="cls0">9. Criterion offense.&mdash;The term &ldquo;criterion offense&rdquo; means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.&nbsp;</span></p> <p><span class="cls0">10. Direct access.&mdash;The term &ldquo;direct access&rdquo; means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.&nbsp;</span></p> <p><span class="cls0">11. Executive order.&mdash;The term &ldquo;Executive order&rdquo; means an order of the President of the United States or the chief executive officer of a State that has the force of law and that is promulgated in accordance with applicable law.&nbsp;</span></p> <p><span class="cls0">12. FBI.&mdash;The term &ldquo;FBI&rdquo; means the Federal Bureau of Investigation.&nbsp;</span></p> <p><span class="cls0">13. Interstate identification system.&mdash;The term &ldquo;Interstate Identification Index System&rdquo; or &ldquo;III System&rdquo;&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;means the cooperative Federal-State system for the exchange of criminal history records; and&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the States and the FBI.&nbsp;</span></p> <p><span class="cls0">14. National fingerprint file.&mdash;The term &ldquo;National Fingerprint File&rdquo; means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System.&nbsp;</span></p> <p><span class="cls0">15. National identification index.&mdash;The term &ldquo;National Identification Index&rdquo; means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.&nbsp;</span></p> <p><span class="cls0">16. National indices.&mdash;The term &ldquo;National indices&rdquo; means the National Identification Index and the National Fingerprint File.&nbsp;</span></p> <p><span class="cls0">17. Nonparty state.&mdash;The term &ldquo;Nonparty State&rdquo; means a State that has not ratified this Compact.&nbsp;</span></p> <p><span class="cls0">18. Noncriminal justice purposes.&mdash;The term &ldquo;noncriminal justice purposes&rdquo; means uses of criminal history records for purposes authorized by Federal or State law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.&nbsp;</span></p> <p><span class="cls0">19. Party state.&mdash;The term &ldquo;Party State&rdquo; means a State that has ratified this Compact.&nbsp;</span></p> <p><span class="cls0">20. Positive identification.&mdash;The term &ldquo;positive identification&rdquo; means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects&rsquo; names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.&nbsp;</span></p> <p><span class="cls0">21. Sealed record information.&mdash;The term &ldquo;sealed record information&rdquo; means&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;with respect to adults, that portion of a record that is&mdash;&nbsp;</span></p> <p class="cls3"><span class="cls0">i.&nbsp;&nbsp;not available for criminal justice uses;&nbsp;</span></p> <p class="cls3"><span class="cls0">ii.&nbsp;&nbsp;not supported by fingerprints or other accepted means of positive identification; or&nbsp;</span></p> <p class="cls3"><span class="cls0">iii.&nbsp;&nbsp;subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a Federal or State statute that requires action on a sealing petition filed by a particular record subject; and&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;with respect to juveniles, whatever each State determines is a sealed record under its own law and procedure.&nbsp;</span></p> <p><span class="cls0">22. State.&mdash;The term &ldquo;State&rdquo; means any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.&nbsp;</span></p> <p><span class="cls0">ARTICLE II&mdash;PURPOSES&nbsp;</span></p> <p><span class="cls0">The purposes of this Compact are to&mdash;&nbsp;</span></p> <p><span class="cls0">1. Provide a legal framework for the establishment of a cooperative Federal-State system for the interstate and Federal-State exchange of criminal history records for noncriminal justice uses;&nbsp;</span></p> <p><span class="cls0">2. Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each Party State, and to provide, in a timely fashion, Federal and State criminal history records to requesting States, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;&nbsp;</span></p> <p><span class="cls0">3. Require Party States to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other States and the Federal Government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;&nbsp;</span></p> <p><span class="cls0">4. Provide for the establishment of a Council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and&nbsp;</span></p> <p><span class="cls0">5. Require the FBI and each Party State to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.&nbsp;</span></p> <p><span class="cls0">ARTICLE III&mdash;RESPONSIBILITIES OF COMPACT PARTIES&nbsp;</span></p> <p><span class="cls0">a. FBI Responsibilities.&mdash;The Director of the FBI shall&mdash;&nbsp;</span></p> <p><span class="cls0">1. appoint an FBI Compact officer who shall&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;administer this Compact within the Department of Justice and among Federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(c);&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;ensure that Compact provisions and rules, procedures, and standards prescribed by the Council under Article VI are complied with by the Department of Justice and the Federal agencies and other agencies and organizations referred to in Article III(1)(A); and&nbsp;</span></p> <p class="cls2"><span class="cls0">C.&nbsp;&nbsp;regulate the use of records received by means of the III System from Party States when such records are supplied by the FBI directly to other Federal agencies;&nbsp;</span></p> <p><span class="cls0">2. provide to Federal agencies and to State criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;information from Nonparty States; and&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;information from Party States that is available from the FBI through the III System but is not available from the Party State through the III System;&nbsp;</span></p> <p><span class="cls0">3. provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and&nbsp;</span></p> <p><span class="cls0">4. modify or enter into user agreements with Nonparty State criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.&nbsp;</span></p> <p><span class="cls0">b. State Responsibilities.&mdash;Each Party State shall&mdash;&nbsp;</span></p> <p><span class="cls0">1. appoint a Compact officer who shall&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;administer this Compact within that State;&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;ensure that Compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the State; and&nbsp;</span></p> <p class="cls2"><span class="cls0">C.&nbsp;&nbsp;regulate the in-State use of records received by means of the III System from the FBI or from other Party States;&nbsp;</span></p> <p><span class="cls0">2. establish and maintain a criminal history record repository, which shall provide&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;information and records for the National Identification Index and the National Fingerprint File; and&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;the State&rsquo;s III System-indexed criminal history records for noncriminal justice purposes described in Article IV;&nbsp;</span></p> <p><span class="cls0">3. participate in the National Fingerprint File; and&nbsp;</span></p> <p><span class="cls0">4. provide and maintain telecommunications links and related equipment necessary to support the services set forth in this Compact.&nbsp;</span></p> <p><span class="cls0">c. Compliance With III System Standards.&mdash;In carrying out their responsibilities under this Compact, the FBI and each Party State shall comply with III System rules, procedures, and standards duly established by the Council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.&nbsp;</span></p> <p><span class="cls0">d. Maintenance of Record Services.&mdash;&nbsp;</span></p> <p><span class="cls0">1. use of the III System for noncriminal justice purposes authorized in this Compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.&nbsp;</span></p> <p><span class="cls0">2. administration of Compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this Compact.&nbsp;</span></p> <p><span class="cls0">ARTICLE IV&mdash;AUTHORIZED RECORD DISCLOSURES&nbsp;</span></p> <p><span class="cls0">a. State Criminal History Record Repositories.&mdash;To the extent authorized by Section 552a of Title 5, United States Code (commonly known as the &ldquo;Privacy Act of 1974&rdquo;), the FBI shall provide on request criminal history records (excluding sealed records) to State criminal history record repositories for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General and that authorizes national indices checks.&nbsp;</span></p> <p><span class="cls0">b. Criminal Justice Agencies and Other Governmental or Nongovernmental Agencies.&mdash;The FBI, to the extent authorized by Section 552a of Title 5, United States Code (commonly known as the &ldquo;Privacy Act of 1974&rdquo;), and State criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General, that authorizes national indices checks.&nbsp;</span></p> <p><span class="cls0">c. Procedures.&mdash;Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact, and with rules, procedures, and standards established by the Council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall&mdash;&nbsp;</span></p> <p><span class="cls0">1. ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;&nbsp;</span></p> <p><span class="cls0">2. require that subsequent record checks are requested to obtain current information whenever a new need arises; and&nbsp;</span></p> <p><span class="cls0">3. ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate &ldquo;no record&rdquo; response is communicated to the requesting official.&nbsp;</span></p> <p><span class="cls0">ARTICLE V&mdash;RECORD REQUEST PROCEDURES&nbsp;</span></p> <p><span class="cls0">a. Positive Identification.&mdash;Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.&nbsp;</span></p> <p><span class="cls0">b. Submission of State Requests.&mdash;Each request for a criminal history record check utilizing the national indices made under any approved State statute shall be submitted through that State&rsquo;s criminal history record repository. A State criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another State criminal history record repository or the FBI.&nbsp;</span></p> <p><span class="cls0">c. Submission of Federal Requests.&mdash;Each request for criminal history record checks utilizing the national indices made under Federal authority shall be submitted through the FBI or, if the State criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the State in which such request originated. Direct access to the National Identification Index by entities other than the FBI and State criminal history records repositories shall not be permitted for noncriminal justice purposes.&nbsp;</span></p> <p><span class="cls0">d. Fees.&mdash;A State criminal history record repository or the FBI-&nbsp;</span></p> <p><span class="cls0">1. may charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and&nbsp;</span></p> <p><span class="cls0">2. may not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.&nbsp;</span></p> <p><span class="cls0">e. Additional Search.&mdash;&nbsp;</span></p> <p><span class="cls0">1. If a State criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.&nbsp;</span></p> <p><span class="cls0">2. If, with respect to a request forwarded by a State criminal history record repository under paragraph 1 of this section, the FBI positively identifies the subject as having a III System-indexed record or records&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;the FBI shall so advise the State criminal history record repository; and&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;the State criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other State criminal history record repositories.&nbsp;</span></p> <p><span class="cls0">ARTICLE VI&mdash;ESTABLISHMENT OF COMPACT COUNCIL&nbsp;</span></p> <p><span class="cls0">a. Establishment.&mdash;&nbsp;</span></p> <p><span class="cls0">1. In general.&mdash;There is established a council to be known as the &ldquo;Compact Council&rdquo;, which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes.&nbsp;</span></p> <p><span class="cls0">2. Organization.&mdash;The Council shall&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;continue in existence as long as this Compact remains in effect;&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;be located, for administrative purposes, within the FBI; and&nbsp;</span></p> <p class="cls2"><span class="cls0">C.&nbsp;&nbsp;be organized and hold its first meeting as soon as practicable after the effective date of this Compact.&nbsp;</span></p> <p><span class="cls0">b. Membership.&mdash;The Council shall be composed of fifteen (15) members, each of whom shall be appointed by the Attorney General, as follows:&nbsp;</span></p> <p><span class="cls0">1. Nine members, each of whom shall serve a 2-year term, who shall be selected from among the Compact officers of Party States based on the recommendation of the Compact officers of all Party States, except that, in the absence of the requisite number of Compact officers available to serve, the chief administrators of the criminal history record repositories of Nonparty States shall be eligible to serve on an interim basis.&nbsp;</span></p> <p><span class="cls0">2. Two at-large members, nominated by the Director of the FBI, each of whom shall serve a 3-year term, of whom-&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;one shall be a representative of the criminal justice agencies of the Federal Government and may not be an employee of the FBI; and&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;one shall be a representative of the noncriminal justice agencies of the Federal Government.&nbsp;</span></p> <p><span class="cls0">3. Two at-large members, nominated by the Chairman of the Council, once the Chairman is elected pursuant to Article VI(c), each of whom shall serve a 3-year term, of whom&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;one shall be a representative of State or local criminal justice agencies; and&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;one shall be a representative of State or local noncriminal justice agencies.&nbsp;</span></p> <p><span class="cls0">4. One member, who shall serve a 3-year term, and who shall simultaneously be a member of the FBI&rsquo;s advisory policy board on criminal justice information services, nominated by the membership of that policy board.&nbsp;</span></p> <p><span class="cls0">5. One member, nominated by the Director of the FBI, who shall serve a 3-year term, and who shall be an employee of the FBI.&nbsp;</span></p> <p><span class="cls0">c. Chairman and Vice Chairman.&mdash;&nbsp;</span></p> <p><span class="cls0">1. In general.&mdash;From its membership, the Council shall elect a Chairman and a Vice Chairman of the Council, respectively. Both the Chairman and Vice Chairman of the Council&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;shall be a Compact officer, unless there is no Compact officer on the Council who is willing to serve, in which case the Chairman may be an at-large member; and&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;shall serve a 2-year term and may be reelected to only one additional 2-year term.&nbsp;</span></p> <p><span class="cls0">2. Duties of vice chairman.&mdash;The Vice Chairman of the Council shall serve as the Chairman of the Council in the absence of the Chairman.&nbsp;</span></p> <p><span class="cls0">d. Meetings.&mdash;&nbsp;</span></p> <p><span class="cls0">1. In general.&mdash;The Council shall meet at least once each year at the call of the Chairman. Each meeting of the Council shall be open to the public. The Council shall provide prior public notice in the Federal Register of each meeting of the Council, including the matters to be addressed at such meeting.&nbsp;</span></p> <p><span class="cls0">2. Quorum.&mdash;A majority of the Council or any committee of the Council shall constitute a quorum of the Council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.&nbsp;</span></p> <p><span class="cls0">e. Rules, Procedures, and Standards.&mdash;The Council shall make available for public inspection and copying at the Council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the Council.&nbsp;</span></p> <p><span class="cls0">f. Assistance From FBI.&mdash;The Council may request from the FBI such reports, studies, statistics, or other information or materials as the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.&nbsp;</span></p> <p><span class="cls0">g. Committees.&mdash;The Chairman may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.&nbsp;</span></p> <p><span class="cls0">ARTICLE VII&mdash;RATIFICATION OF COMPACT&nbsp;</span></p> <p><span class="cls0">This Compact shall take effect upon being entered into by two or more States as between those States and the Federal Government. Upon subsequent entering into this Compact by additional States, it shall become effective among those States and the Federal Government and each Party State that has previously ratified it. When ratified, this Compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing State.&nbsp;</span></p> <p><span class="cls0">ARTICLE VIII&mdash;MISCELLANEOUS PROVISIONS&nbsp;</span></p> <p><span class="cls0">a. Relation of Compact to Certain FBI Activities.&mdash;Administration of the Compact shall not interfere with the management and control of the Director of the FBI over the FBI&rsquo;s collection and dissemination of criminal history records and the advisory function of the FBI&rsquo;s advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.&nbsp;</span></p> <p><span class="cls0">b. No Authority for Nonappropriated Expenditures.&mdash;Nothing in this Compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.&nbsp;</span></p> <p><span class="cls0">c. Relating to Public Law 92-544.-Nothing in this compact shall diminish or lessen the obligations, responsibilities, and authorities of any State, whether a Party State or a Nonparty State, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council under Article VI(a), regarding the use and dissemination of criminal history records and information.&nbsp;</span></p> <p><span class="cls0">ARTICLE IX&mdash;RENUNCIATION&nbsp;</span></p> <p><span class="cls0">a. In General.&mdash;This Compact shall bind each Party State until renounced by the Party State.&nbsp;</span></p> <p><span class="cls0">b. Effect.&mdash;Any renunciation of this Compact by a Party State shall&mdash;&nbsp;</span></p> <p><span class="cls0">1. be effected in the same manner by which the Party State ratified this Compact; and&nbsp;</span></p> <p><span class="cls0">2. become effective 180 days after written notice of renunciation is provided by the Party State to each other Party State and to the Federal Government.&nbsp;</span></p> <p><span class="cls0">ARTICLE X&mdash;SEVERABILITY&nbsp;</span></p> <p><span class="cls0">The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating State, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any Party State, all other portions of this Compact shall remain in full force and effect as to the remaining Party States and in full force and effect as to the Party State affected, as to all other provisions.&nbsp;</span></p> <p><span class="cls0">ARTICLE XI&mdash;ADJUDICATION OF DISPUTES&nbsp;</span></p> <p><span class="cls0">a. In General.&mdash;The Council shall&mdash;&nbsp;</span></p> <p><span class="cls0">1. have initial authority to make determinations with respect to any dispute regarding&mdash;&nbsp;</span></p> <p class="cls2"><span class="cls0">A.&nbsp;&nbsp;interpretation of this Compact;&nbsp;</span></p> <p class="cls2"><span class="cls0">B.&nbsp;&nbsp;any rule or standard established by the Council pursuant to Article VI; and&nbsp;</span></p> <p class="cls2"><span class="cls0">C.&nbsp;&nbsp;any dispute or controversy between any parties to this Compact; and&nbsp;</span></p> <p><span class="cls0">2. hold a hearing concerning any dispute described in paragraph 1 at a regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. Such decision shall be published pursuant to the requirements of Article VI(e).&nbsp;</span></p> <p><span class="cls0">b. Duties of FBI.&mdash;The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the Council holds a hearing on such matters.&nbsp;</span></p> <p><span class="cls0">c. Right of Appeal.&mdash;The FBI or a Party State may appeal any decision of the Council to the Attorney General, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a State court shall be removed to the appropriate district court of the United States in the manner provided by Section 1446 of Title 28, United States Code, or other statutory authority.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 261, &sect; 4, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.10. Uniform crime reporting system.&nbsp;</span></p> <p><span class="cls0">A. A uniform crime reporting system shall be established by the Oklahoma State Bureau of Investigation. The Director shall have the power and duty, when directed by the Commission, to collect and gather such information from such state agencies as may be prescribed in Section 150.1 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma State Bureau of Investigation is hereby designated as the agency which shall collect, gather, assemble and collate such information as is prescribed by this section.&nbsp;</span></p> <p><span class="cls0">C. 1. All state, county, city and town law enforcement agencies shall submit reports to the Oklahoma State Bureau of Investigation on forms prescribed by the Bureau. The reports shall contain the number and nature of offenses committed within their respective jurisdictions, the disposition of such matters, and such other information as the Bureau may require, respecting information relating to the cause and prevention of crime, recidivism, the rehabilitation of criminals and the proper administration of criminal justice.&nbsp;</span></p> <p><span class="cls0">2. Any information taken from such information, data, records or reports submitted to the uniform crime reporting system and used to prepare the Uniform Crime Report shall be an open record pursuant to the Oklahoma Open Records Act. Requests for such information shall be submitted to the Bureau.&nbsp;</span></p> <p><span class="cls0">3. Any request under the Oklahoma Open Records Act for any other information, data, records or reports submitted to the uniform crime reporting system by the Oklahoma State Bureau of Investigation shall be directed to the Bureau pursuant to Section 24A.20 of Title 51 of the Oklahoma Statutes. Such information, data, records or reports shall be considered investigative records of the Bureau and shall be subject to discovery and disclosure only in compliance with Section 150.5 of this title or other applicable statute.&nbsp;</span></p> <p><span class="cls0">4. Any request under the Oklahoma Open Records Act for any information, data, records or reports submitted by a law enforcement agency other than the Oklahoma State Bureau of Investigation to the uniform crime reporting system shall be directed to the law enforcement agency submitting the information, data, records or reports to the Bureau unit pursuant to Section 24A.20 of Title 51 of the Oklahoma Statutes. Such information, data, records or reports shall be considered law enforcement records and shall be subject to discovery and disclosure only in compliance with Section 24A.8 of Title 51 of the Oklahoma Statutes or other applicable statute.&nbsp;</span></p> <p><span class="cls0">D. Upon receipt of such information the Director shall have such data collated and formulated and shall compile such statistics as the Director may deem necessary in order to present a proper classification and analysis of the volume and nature of crime and the administration of criminal justice within this state.&nbsp;</span></p> <p><span class="cls0">E. Refusal or persistent failure of any law enforcement agency to submit reports required by this section may result in discontinued access to Bureau information and assistance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 259, &sect; 10, operative July 1, 1976. Amended by Laws 1994, c. 259, &sect; 3, eff. Sept. 1, 1994; Laws 1997, c. 291, &sect; 1, eff. Nov. 1, 1997; Laws 2000, c. 258, &sect; 2, eff. July 1, 2000; Laws 2001, c. 45, &sect; 2, eff. Nov. 1, 2001; Laws 2005, c. 106, &sect; 1, emerg. eff. April 26, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74150.11. Evidentiary property &ndash; Disposition.&nbsp;</span></p> <p><span class="cls0">A. All property which comes into the possession of the Oklahoma State Bureau of Investigation (OSBI), whether the same is stolen, embezzled or otherwise, which the Bureau has held for at least one (1) year unless said property is perishable, may be disposed of by order of an Oklahoma County district court if the owner or owners of said property are unknown or have not claimed the same. The Director of the Oklahoma State Bureau of Investigation shall then be authorized to sell, deposit, or otherwise dispose of such property or any part thereof which is no longer needed to be held as evidence or otherwise used in connection with any litigation.&nbsp;</span></p> <p><span class="cls0">B. 1. If cash or other legal tender is the subject of the action, the Director shall file a petition in the district court of Oklahoma County requesting authority to forfeit and deposit the funds. The petition shall include the following information:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;description of the property,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;approximate date that the property came into possession of the Director, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the names of the owner or owners, if known.&nbsp;</span></p> <p><span class="cls0">2. Upon the filing of the petition, notice of at least ten (10) days shall be given to each known owner by the Director of the OSBI by mailing a copy of the petition and notice of hearing to the last-known address of each owner.&nbsp;</span></p> <p><span class="cls0">3. Notice of the hearing shall also be posted at the Oklahoma County courthouse at the regular place assigned for the posting of legal notices and in the public lobby at OSBI headquarters.&nbsp;</span></p> <p><span class="cls0">4. If no owner appears and establishes ownership to the cash or legal tender, the court shall enter an order authorizing the forfeiture of the funds to the OSBI. All monies forfeited shall be deposited into the OSBI Revolving Fund.&nbsp;</span></p> <p><span class="cls0">C. 1. For disposition of all other seized property, the Director shall file a petition in the district court of Oklahoma County requesting authority to conduct a sale of the property. The petition shall include the following information:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;description of the property,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;approximate date that the property came into the possession of the Director, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the names of the owner or owners, if known.&nbsp;</span></p> <p><span class="cls0">2. Upon the filing of the petition, notice of at least ten (10) days shall be given to each known owner by the Director of the OSBI by mailing a copy of the petition and notice of hearing to the last-known address of each owner.&nbsp;</span></p> <p><span class="cls0">3. Notice of the hearing shall also be posted at the Oklahoma County courthouse at the regular place assigned for the posting of legal notices and in the public lobby at OSBI headquarters.&nbsp;</span></p> <p><span class="cls0">4. If no owner appears and establishes ownership to the property, the court shall enter an order authorizing the Director to sell the property to the highest bidder after notice of at least five (5) days of the auction has been given by publication in one issue of a legal newspaper of record in Oklahoma County.&nbsp;</span></p> <p><span class="cls0">5. The Director shall make a return of sale, and when confirmed by the court, the order confirming the sale shall vest title of the property to the purchaser. The money received from the sale shall be deposited in the OSBI Revolving Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 259, &sect; 11, operative July 1, 1976. Amended by Laws 2002, c. 42, &sect; 2, eff. Nov. 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.12. Mandatory reporting of fingerprint and criminal history information.&nbsp;</span></p> <p><span class="cls0">A. 1. It is hereby the duty of any sheriff, chief of police, city marshal, constable and any other law enforcement officer who takes custody of a person who has been arrested and who, in the best judgment of the arresting officer, is believed to have committed any offense, except an offense exempted by the rules promulgated by the Oklahoma State Bureau of Investigation pursuant to the provisions of Section 150.1 et seq. of this title, to take or cause to be taken the fingerprint impressions of such person or persons and to forward such fingerprint impressions together with identification information to the Oklahoma State Bureau of Investigation, at its Oklahoma City office. In the case of any sheriff, chief of police, city marshal, constable, or any other law enforcement officer equipped with a live-scan device designed for the electronic capture and transmission of fingerprint images approved by the Oklahoma State Bureau of Investigation, fingerprint images may instead be taken and transmitted to the Bureau electronically. If the sheriff, chief of police, city marshal, or constable has contracted for the custody of prisoners, such contractor shall be required to take the fingerprint impressions of such person.&nbsp;</span></p> <p><span class="cls0">2. It shall not be the responsibility of, nor shall the sheriff, chief of police, city marshal, constable, other law enforcement officer, or contractor receiving custody of an arrested person as a prisoner require the arresting officer to take the fingerprint impressions of the arrested person; provided, if the arresting officer is employed by the same law enforcement agency as the sheriff, chief of police, city marshal, or constable receiving custody of such person, the arresting officer may be required to take such impressions.&nbsp;</span></p> <p><span class="cls0">3. The law enforcement officers shall also forward the prosecution filing report and the disposition report forms to the appropriate prosecuting authority within seventy-two (72) hours. If fingerprint impressions have not been taken at the time of an arrest, the court shall order the fingerprints to be taken by the sheriff at the arraignment, first appearance, or at the time of final adjudication of a defendant whose court attendance has been secured by a summons or citation for any offense, except an offense exempted by the rules promulgated by the Bureau. If a person is in the custody of a law enforcement or correctional agency and a warrant issues or an information is filed alleging the person to have committed an offense other than the offense for which the person is in custody, the custodial law enforcement or correctional agency shall take the fingerprints of such person in connection with the new offense, provided the offense is not exempted by the rules of the Bureau. Any fingerprint impressions and identification information required by this subsection shall be sent to the Bureau within seventy-two (72) hours after taking such fingerprints.&nbsp;</span></p> <p><span class="cls0">B. In order to maintain a complete criminal history record, the court shall inquire at the time of sentencing whether or not the person has been fingerprinted for the offense upon which the sentence is based and, if not, shall order the fingerprints be taken immediately of such person and those fingerprints shall be sent by the law enforcement agency taking the fingerprint impressions to the Bureau within seventy-two (72) hours after taking the fingerprint impressions.&nbsp;</span></p> <p><span class="cls0">C. In addition to any other fingerprints which may have been taken of a person in a criminal matter, the Department of Corrections shall take the fingerprints of all prisoners received at the Lexington Reception and Assessment Center or otherwise received into the custody of the Department and shall send copies of such fingerprints together with identification information to the Bureau within seventy-two (72) hours of taking such fingerprints.&nbsp;</span></p> <p><span class="cls0">D. The Bureau shall, upon receipt of fingerprint impressions and identification information for offenses not exempt by rule of the Bureau, send one copy of the fingerprint impressions to the Federal Bureau of Investigation, at its Washington, D.C., office, and the other copy shall be filed in the Oklahoma State Bureau of Investigation&rsquo;s office. The rules promulgated by the Bureau pursuant to the provision of this act exempting certain offenses from mandatory reporting shall be based upon recommended Federal Bureau of Investigation standards for reporting criminal history information and are not intended to include violators of city or town ordinances and great care shall be exercised to exclude the reporting of criminal history information for such offenses, except when recommended by the Federal Bureau of Investigation standards.&nbsp;</span></p> <p><span class="cls0">E. The reporting to the Oklahoma State Bureau of Investigation of criminal history information on each person subject to the mandatory reporting requirements of Section 150.1 et seq. of this title shall be mandatory for all law enforcement agencies, courts, judicial officials, district attorneys and correctional administrators participating in criminal matters, whether reported directly or indirectly, manually or by automated system as may be provided by the rules promulgated by the Bureau.&nbsp;</span></p> <p><span class="cls0">F. Except for offenses exempted by the rules promulgated by the Bureau, the following events shall be reported to the Bureau within seventy-two (72) hours and the Bureau shall have seventy-two (72) hours after receipt of the report to enter such information into a criminal record data base:&nbsp;</span></p> <p><span class="cls0">1. An arrest;&nbsp;</span></p> <p><span class="cls0">2. The release of a person after arrest without the filing of any charge; and&nbsp;</span></p> <p><span class="cls0">3. A decision of a prosecutor not to commence criminal proceedings or to defer or postpone prosecution.&nbsp;</span></p> <p><span class="cls0">G. Except for offenses exempted by the rules promulgated by the Bureau, the following events shall be reported to the Bureau within thirty (30) days and the Bureau shall have thirty (30) days after receipt of the report to enter such information into a criminal record data base:&nbsp;</span></p> <p><span class="cls0">1. A decision by a prosecutor to modify or amend initial charges upon which the arrest was made, including deletions or additions of charges or counts;&nbsp;</span></p> <p><span class="cls0">2. The presentment of an indictment or the filing of a criminal information or other statement of charges;&nbsp;</span></p> <p><span class="cls0">3. The dismissal of an indictment or criminal information or any charge specified in such indictment or criminal information;&nbsp;</span></p> <p><span class="cls0">4. An acquittal, conviction or other court disposition at trial or before, during or following trial, including dispositions resulting from pleas or other agreements;&nbsp;</span></p> <p><span class="cls0">5. The imposition of a sentence;&nbsp;</span></p> <p><span class="cls0">6. The commitment to or release from the custody of the Department of Corrections or incarceration in any jail or other correctional facility;&nbsp;</span></p> <p><span class="cls0">7. The escape from custody of any correctional facility, jail or authority;&nbsp;</span></p> <p><span class="cls0">8. The commitment to or release from probation or parole;&nbsp;</span></p> <p><span class="cls0">9. An order of any appellate court;&nbsp;</span></p> <p><span class="cls0">10. A pardon, reprieve, commutation of sentence or other change in sentence, including a change ordered by the court;&nbsp;</span></p> <p><span class="cls0">11. A revocation of probation or parole or other change in probation or parole status; and&nbsp;</span></p> <p><span class="cls0">12. Any other event arising out of or occurring during the course of criminal proceedings or terms of the sentence deemed necessary as provided by the rules established by the Bureau.&nbsp;</span></p> <p><span class="cls0">The Bureau shall have authority to withhold any entry on a criminal history record when there is reason to believe the entry is based on error or an unlawful order. The Bureau shall in such case take immediate action to clarify or correct the entry.&nbsp;</span></p> <p><span class="cls0">H. Information reportable under the provisions of this section shall be reportable by the law enforcement officer or person directly responsible for the action, event or decision, unless otherwise provided by rule or agreement. The form and content of information to be reported and methods for reporting information, including fingerprint impressions and other identification information, shall be established by the rules promulgated by the Bureau. The Bureau is hereby directed to establish rules to implement the provisions of Section 150.1 et seq. of this title, provided any rule relating to reporting by courts or judicial officials shall be issued jointly by the Bureau and the Oklahoma Supreme Court.&nbsp;</span></p> <p><span class="cls0">I. Any person or agency subject to the mandatory reporting of criminal history information or fingerprints as required by the provisions of this act shall take appropriate steps to ensure that appropriate agency officials and employees understand such requirements. Each agency shall establish, and in appropriate cases impose, administrative sanctions for failure of an official or employee to report as provided by law. Refusal or persistent failure of a person or agency to comply with the mandatory reporting requirements of this act may result in the discontinued access to Bureau information or assistance until such agency complies with the law.&nbsp;</span></p> <p><span class="cls0">J. All expungement orders which are presented to the Bureau for alterations to criminal history records must be accompanied by a payment of One Hundred Fifty Dollars ($150.00) payable to the Bureau. The subject of the criminal history, whose record is being amended or updated based upon an expungement order, is responsible for such payment. Payment shall be rendered before any expungement order may be processed by the Bureau.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 259, &sect; 12, operative July 1, 1976. Amended by Laws 1994, c. 259, &sect; 4, eff. Sept. 1, 1994; Laws 2000, c. 258, &sect; 3, eff. July 1, 2000; Laws 2003, c. 199, &sect; 12, eff. Nov. 1, 2003; Laws 2004, c. 556, &sect; 2, eff. Nov. 1, 2004; Laws 2005, c. 378, &sect; 1, eff. Sept. 1, 2005; Laws 2006, c. 16, &sect; 80, emerg. eff. March 29, 2006.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2005, c. 223, &sect; 3 repealed by Laws 2006, c. 16, &sect; 81, emerg. eff. March 29, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.12A. Missing or runaway persons - Reports - National Crime Information Center entries - Procedures and guidelines - Family abduction reports - Missing children publicity and hotline.&nbsp;</span></p> <p><span class="cls0">A. It shall be the duty of any sheriff, chief of police, city marshal, constable, or any other law enforcement officer, immediately upon receipt of any report of a missing or runaway person, to send one copy of such report to the Oklahoma State Bureau of Investigation and enter such information, when applicable, to the National Crime Information Center. Within seventy-two (72) hours of location or discovery of the missing or runaway person, the sheriff, chief of police, city marshal, constable, or any other law enforcement officer shall notify the Oklahoma State Bureau of Investigation and remove the entry from the National Crime Information Center. Upon location or discovery of the missing or runaway person, the sheriff, chief of police, city marshal, constable or any other law enforcement officer shall immediately make the appropriate entry to the National Crime Information Center in accordance with NCIC standard operating procedures.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma State Bureau of Investigation and the Oklahoma Law Enforcement Telecommunications System shall jointly establish the procedures and guidelines necessary for enacting and maintaining an electronic database for missing and runaway persons in the State of Oklahoma which is compatible with the data collection entry procedures of the National Crime Information Center. The Oklahoma State Bureau of Investigation shall establish guidelines for law enforcement officers concerning the collection and dissemination of information concerning missing or runaway persons.&nbsp;</span></p> <p><span class="cls0">C. Whenever a missing or runaway person report regarding a person born in the State of Oklahoma and under eighteen (18) years of age is received by a sheriff, chief of police, city marshal, constable or any other law enforcement officer, and there is reason to believe that the person is the victim of a family abduction, the reporting agency shall notify the Oklahoma State Bureau of Investigation, the Bureau shall immediately notify the State Commissioner of Health that the person has been reported to be missing. The Director of the Oklahoma State Bureau of Investigation and the State Commissioner of Health shall jointly establish the procedures and forms necessary for the transmittal of information between the Oklahoma State Bureau of Investigation and the State Department of Health required pursuant to the provisions of Section 150.1 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">D. The Bureau shall establish a program to periodically publicize the names and pictures of missing children along with a missing children hot-line number on OETA.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 144, &sect; 1, eff. Nov. 1, 1983. Amended by Laws 1984, c. 87, &sect; 1, eff. Nov. 1, 1984; Laws 1985, c. 86, &sect; 3, operative July 1, 1985; Laws 1986, c. 44, &sect; 1, eff. Nov. 1, 1986; Laws 1996, c. 196, &sect; 3, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74150.12B. Forms for reporting domestic abuse Report of incidents.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma State Bureau of Investigation shall provide forms for the reporting of domestic abuse to each person required to submit such reports pursuant to the provisions of Section 3 of this act and shall establish guidelines for the collection and reporting of domestic abuse incident information pursuant to the provisions of the Domestic Abuse Reporting Act.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Oklahoma State Bureau of Investigation shall compile a monthly and annual statistical report which shall include the number of reported incidents of domestic abuse for each county and for the state as a whole, the types of crime involved in the domestic abuse, the days of the week the incidents occurred, and the hours of the day the incidents occurred. The statistical reports shall not include the names of any of the persons involved in an incident of domestic abuse or any information which would serve to identify such persons as individuals.&nbsp;</span></p> <p><span class="cls0">C. Copies of the monthly and annual statistical reports shall be available to the public upon request.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1986, c. 197, &sect; 4, eff. Nov. 1, 1986. &nbsp;</span></p> <p><span class="cls0">&sect;74150.13. Rangers - Appointment.&nbsp;</span></p> <p><span class="cls0">A. The Director of the Oklahoma State Bureau of Investigation is hereby authorized to appoint, with the approval of the Commission, not to exceed twenty special officers, who shall not be salaried employees of the Bureau of Investigation but who shall at all times be subject to the orders and directions of the Director; provided that the special officers shall not have authority to enforce any laws except the provisions of the Oklahoma Statutes relating to larceny of domestic animals, livestock or farm and ranch equipment or supplies, with respect to which they shall have the same authority as any other peace officer. These officers shall be known as rangers.&nbsp;</span></p> <p><span class="cls0">B. Rangers shall not receive any compensation or expenses from the State of Oklahoma or any of its departments, agencies or subdivisions for their services. Before the issuance of a special commission each ranger shall enter into a good and sufficient bond executed by a surety company authorized to do business in the State of Oklahoma in the sum of Five Hundred Thousand Dollars ($500,000.00), and approved by the Director, to indemnify all persons against damages accruing as a result of any illegal or unlawful acts on the part of the rangers; provided that all special commissions shall expire on January 1 of the odd-numbered year after the appointment. The Director may renew, suspend or revoke any special commission at any time.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 259, &sect; 13, operative July 1, 1976. Amended by Laws 1984, c. 69, &sect; 1, emerg. eff. March 29, 1984; Laws 2007, c. 47, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.13A. Oil and gas industry crimes - Special officers.&nbsp;</span></p> <p><span class="cls0">A. The Director of the Oklahoma State Bureau of Investigation is hereby authorized to appoint, with the approval of the Oklahoma State Bureau of Investigation Commission, special officers that shall have enforcement authority related to the investigation of oil and gas industry crimes, which shall include the larceny of equipment, property, supplies or products. The number of special officers shall not exceed twenty (20) positions and those special officers shall not be salaried employees of the Bureau, but shall at all times be subject to the orders and directions of the Director. In addition, the special officers shall not have authority to enforce any laws except the provisions of the Oklahoma Statutes relating directly to oil and gas industry crimes, for which they will have the same authority as any other peace officer. The special officers shall be known as Special Investigators.&nbsp;</span></p> <p><span class="cls0">B. Special Investigators shall not receive any compensation or expenses from this state or any of its departments, agencies or subdivisions for their services. Before the issuance of a special commission, each Special Investigator shall enter into a good and sufficient bond executed by a surety company authorized to do business in this state in the sum of Five Hundred Thousand Dollars ($500,000.00). The bond shall also be approved by the Director and shall indemnify all persons against damages accruing as a result of any illegal or unlawful acts on the part of the Special Investigators. The special commissions shall expire on January 1 of the odd-numbered year after the appointment. The Director may renew, suspend or revoke any special commission at any time.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 126, &sect; 1, eff. Nov. 1, 2011. Amended by Laws 2012, c. 89, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.16. Rental or charter of aircraft.&nbsp;</span></p> <p><span class="cls0">The Oklahoma State Bureau of Investigation is hereby authorized to own and operate aircraft and to rent or charter aircraft on a project or mission basis, such rental or charter to last only for the duration of the project or mission. The Bureau is also authorized to pay, from any funds available to the Bureau, expenses involved in qualifying multiengine and instrument pilots as may be required to accomplish agency responsibilities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 319, &sect; 7, emerg. eff. June 17, 1980. Amended by Laws 1982, c. 377, &sect; 8, emerg. eff. May 14, 1982; Laws 2012, c. 156, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74150.17. Transfer of Statistical Analysis Division of Crime Commission to Bureau of Investigation.&nbsp;</span></p> <p><span class="cls0">A. Effective July 1, 1980, the Statistical Analysis Division of the present Oklahoma Crime Commission shall be transferred to the Oklahoma State Bureau of Investigation. All unexpended funds, property, records, personnel and any outstanding financial obligations or encumbrances of the Crime Commission which relate to the Statistical Analysis Division are hereby transferred to the Oklahoma State Bureau of Investigation.&nbsp;</span></p> <p><span class="cls0">B. Effective July 1, 1988, the personnel transferred from the Oklahoma Crime Commission to the Oklahoma State Bureau of Investigation and persons occupying the position of any such personnel on July 1, 1988, shall become subject to the provisions of the Merit System of Personnel Administration. All incumbent employees subject to this subsection shall be classified without regard to status or examinations. Such employees shall be granted status in the class of positions to which the employee's position is allocated by the Office of Personnel Management.&nbsp;</span></p> <p><span class="cls0">C. It is the intent of the Legislature that the mission of the Statistical Analysis Division not be changed by this transfer, and that the Oklahoma State Bureau of Investigation continue prior cooperative agreements made with the Criminal Justice Agencies of the state.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1988, c. 324, &sect; 10, operative July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;74-150.17a. Transfers of Criminal Justice Resource Center functions.&nbsp;</span></p> <p><span class="cls0">A. Effective July 1, 2009, the Criminal Justice Resource Center of the Legislative Service Bureau shall be transferred to the Oklahoma State Bureau of Investigation and the Office of the Attorney General as follows:&nbsp;</span></p> <p><span class="cls0">1. The functions of the Criminal Justice Resource Center relating to administration and research shall be transferred to the Office of Criminal Justice Statistics, which is hereby created within the Information Services Division of the Oklahoma State Bureau of Investigation;&nbsp;</span></p> <p><span class="cls0">2. The functions of the Criminal Justice Resource Center relating to data processing and information technology shall be transferred to the Information Technology Systems Division of the Oklahoma State Bureau of Investigation; and&nbsp;</span></p> <p><span class="cls0">3. The functions of the Criminal Justice Resource Center relating to the Domestic Violence Fatality Review Board shall be transferred to the Office of the Attorney General.&nbsp;</span></p> <p><span class="cls0">All unexpended funds, property, records, personnel and any outstanding financial obligations or encumbrances of the Criminal Justice Resource Center are hereby transferred to the entities specified in this subsection.&nbsp;</span></p> <p><span class="cls0">B. Effective July 1, 2009, the personnel transferred from the Criminal Justice Resource Center to the Oklahoma State Bureau of Investigation and the Office of the Attorney General and persons occupying the position of any such personnel on July 1, 2009, shall become employees of such agencies and shall not be subject to the provisions of the Merit System of Personnel Administration.&nbsp;</span></p> <p><span class="cls0">C. Effective July 1, 2009, any reference in the Oklahoma Statutes to the Criminal Justice Resource Center shall be a reference to the Oklahoma State Bureau of Investigation or the Office of the Attorney General, as appropriate with respect to the content of the reference.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 178, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74150.18. Reward System Creation Implementation Information required to collect Additional requirements.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created an Oklahoma Reward System to be administered by the Oklahoma State Bureau of Investigation for the purpose of providing a method of disbursing cash awards, referred to as a reward, to persons giving information resulting in the arrest and conviction of a person accused of the commission or attempted commission of a crime.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma State Bureau of Investigation shall implement such procedures and regulations as are necessary to carry out the purposes of this act. Such procedures shall include a method for determining the amount of reward to be offered for information on a crime or series of crimes and which such crimes shall have a reward offered to assist in their solution.&nbsp;</span></p> <p><span class="cls0">C. Any person seeking to collect all or part of a reward offered under the provisions of this section shall submit the following information to the Oklahoma State Bureau of Investigation: 1. The crime which was committed;&nbsp;</span></p> <p><span class="cls0">2. The name of the victim of the crime;&nbsp;</span></p> <p><span class="cls0">3. The name of the person arrested and convicted;&nbsp;</span></p> <p><span class="cls0">4. The name of the law enforcement agency with which the applicant cooperated; and&nbsp;</span></p> <p><span class="cls0">5. A written statement from that law enforcement agency providing details of the extent of the cooperation provided.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma State Bureau of Investigation shall make such additional requirements as deemed necessary to assure proper disbursal of the reward funds. Any person regularly employed as a peace officer, district attorney or assistant district attorney or any member of immediate family shall be prohibited from receiving any cash award from said fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1981, c. 83, &sect; 1, operative July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;74-150.19a. OSBI Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Oklahoma State Bureau of Investigation to be designated the "OSBI 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 surplus property, fees and receipts collected pursuant to the Oklahoma Open Records Act, fines, forfeitures, fees, charges, receipts, donations, gifts, bequests, contributions, devises, interagency reimbursements, federal funds unless otherwise provided by federal law or regulation, or any other source. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma State Bureau of Investigation for operating expenses of the Bureau, for the purpose of implementing the Oklahoma Reward System pursuant to Section 150.18 of this title, and to purchase equipment and provide training to law enforcement agencies located in the state, pursuant to Section 62.9 of this title. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 201, &sect; 6, emerg. eff. June 4, 1986. Amended by Laws 2004, c. 276, &sect; 3, eff. Nov. 1, 2004; Laws 2012, c. 304, &sect; 833.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74150.21. Legal division established Duties Restrictions.&nbsp;</span></p> <p><span class="cls0">The Oklahoma State Bureau of Investigation shall establish or provide for a legal division and the Director may employ two attorneys as needed, which attorneys, in addition to advising the Director, the Commission and employees of the Bureau on legal matters, may appear for and represent the Director, the Commission and employees of the Bureau in administrative hearings and other legal actions and proceedings. No Bureau attorney shall enter an appearance in a criminal action nor engage in private practice of the law while in the employment of the Oklahoma State Bureau of Investigation, except for the purpose of representing the agency in motions to quash subpoenas, other discovery matters, expungement applications, evidentiary hearings, and forfeiture proceedings. It shall continue to be the duty of the Attorney General to give official opinions to and to prosecute and defend actions for the Director, Commission and employees of the Bureau, if requested to do so.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 64, &sect; 1, emerg. eff. March 30, 1982. Amended by Laws 1998, c. 388, &sect; 2, eff. July 1, 1998; Laws 2002, c. 42, &sect; 3, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.21a. Crimes information unit.&nbsp;</span></p> <p><span class="cls0">A. The Director of the Oklahoma State Bureau of Investigation may establish a crimes information unit within the Bureau.&nbsp;</span></p> <p><span class="cls0">B. With authorization from the Director of the Bureau, the crimes information unit or any employee of the Bureau may:&nbsp;</span></p> <p><span class="cls0">1. Investigate organized crime, criminal conspiracies, and threats of violent crime;&nbsp;</span></p> <p><span class="cls0">2. Collect information concerning the activity and identity of individuals reasonably believed to be engaged in organized crime, criminal conspiracies, or threatening violent crime;&nbsp;</span></p> <p><span class="cls0">3. Analyze collected information and disseminate such information to other law enforcement agencies for the purposes of criminal investigation and crime prevention;&nbsp;</span></p> <p><span class="cls0">4. Coordinate the effort of this state with local, state and federal agencies to protect its citizens against organized crime, criminal conspiracies and threats of violent crime by creating a clearinghouse of crime-related information for use by local, state and federal law enforcement agencies; and&nbsp;</span></p> <p><span class="cls0">5. Provide training to peace officers of this state concerning the legal collection, preservation and dissemination of crime-related information.&nbsp;</span></p> <p><span class="cls0">C. Release of information compiled pursuant to this section shall be prohibited except for release of information to law enforcement officers and prosecutorial authorities for the purpose of criminal investigation, criminal prosecution, and crime prevention. Unauthorized release or unauthorized use of this information shall be a misdemeanor and shall be punishable by incarceration in the county jail not exceeding one (1) year or a fine not exceeding Fifty Thousand Dollars ($50,000.00), or by both such fine and imprisonment. As used in this section, "unauthorized release" or "unauthorized use" shall include, but not be limited to, giving the information to any person who is not a law enforcement officer unless necessitated by an ongoing criminal investigation, or release of information to a law enforcement officer who is not engaged in a criminal investigation requiring the information or who is not authorized by his or her agency to receive such information, or release of information in violation of any rules promulgated by the Bureau. Information collected and compiled under the authority of this section shall be privileged and not discoverable nor subject to subpoena or order for production issued by any court, other than production in a district court criminal proceeding for the prosecution of crimes which are the subject of the information sought. The Director of OSBI shall make a quarterly report to the OSBI Commission of all information collected and compiled under the authority of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 154, &sect; 1, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.21b. OSBI reports concerning use of deadly force.&nbsp;</span></p> <p><span class="cls0">Notwithstanding any other provisions of law, when the Commissioner of Public Safety has requested the Oklahoma State Bureau of Investigation to conduct a criminal investigation of any incident involving the use of deadly force by a commissioned officer of the Department of Public Safety while in the official performance of such officer&rsquo;s duties, the Commissioner may use the report and the investigative information and materials in the furtherance of administrative matters within the Department, including, but not limited to, taking personnel actions and conducting internal investigations. Under no circumstances shall an OSBI report of its investigation of any incident involving the use of deadly force by a commissioned officer of any law enforcement agency other than the Department of Public Safety be provided to the employing agency for the purpose of or be used by that agency for the purpose of administrative matters or any purpose other than criminal prosecution.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 230, &sect; 4, emerg. eff. May 26, 1999. Amended by Laws 2004, c. 130, &sect; 10, emerg. eff. April 20, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74150.22. Special motor carrier enforcement officers Transfer to State Bureau of Investigation.&nbsp;</span></p> <p><span class="cls0">A. As of July 1, 1985, the persons employed as of June 30, 1985, by the Corporation Commission as special motor carrier enforcement officers and as the supervisor officer pursuant to Section 171.1 of Title 47 of the Oklahoma Statutes shall be and are ordered transferred to the Oklahoma State Bureau of Investigation for the purpose of oil and gas theft investigations.&nbsp;</span></p> <p><span class="cls0">B. No employee transferred pursuant to this section shall be required to accept a lesser grade or salary than presently received plus any salary adjustments provided by the Legislature for state employees. No entrance examination shall be required for the persons so transferred.&nbsp;</span></p> <p><span class="cls0">C. All such persons shall retain all leave, sick or annual, and any retirement benefits which have accrued during their tenure with the Commission.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 282, &sect; 5, emerg. eff. July 22, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;74-150.23. Sidearms and badges - Custody and possession upon retirement or death.&nbsp;</span></p> <p><span class="cls0">A. An officer, investigator, or agent of the Oklahoma State Bureau of Investigation, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Department of Wildlife Conservation, the Law Enforcement Division of the Oklahoma Horse Racing Commission, the State Fire Marshal&rsquo;s Office, the Oklahoma Tourism and Recreation Department, the Office of Inspector General and the Oklahoma Child Support Services divisions of the Department of Human Services or the office of a district attorney shall be entitled to receive, upon retirement by reason of length of service, the continued custody and possession of the sidearm and badge carried by such officer, investigator, or agent immediately prior to retirement.&nbsp;</span></p> <p><span class="cls0">B. An officer, investigator, or agent specified in subsection A of this section may be entitled to receive, upon retirement by reason of disability, the continued custody and possession of the sidearm and badge carried by such officer or agent immediately prior to retirement upon written approval of the applicable Director of the appropriate Bureau, Department, Commission, or district attorney.&nbsp;</span></p> <p><span class="cls0">C. Custody and possession of the sidearm and badge of an officer, investigator, or agent who dies while employed by any Bureau, Department, Commission, or office specified in subsection A of this section may be awarded by the applicable Director of the appropriate Bureau, Department, Commission, or office to the spouse or next of kin of the deceased officer, investigator, or agent.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 103, &sect; 1, emerg. eff. May 22, 1987. Amended by Laws 1997, c. 134, &sect; 1, eff. July 1, 1997; Laws 1999, c. 230, &sect; 1, emerg. eff. May 26, 1999; Laws 2004, c. 275, &sect; 15, eff. July 1, 2004; Laws 2005, c. 169, &sect; 3, eff. Nov. 1, 2005; Laws 2010, c. 259, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.24. Automated fingerprint identification system - Coordination with law enforcement agencies.&nbsp;</span></p> <p><span class="cls0">On or before January 1, 1991, there shall be established within the Oklahoma State Bureau of Investigation a computerized fingerprint identification system (AFIS). The Oklahoma State Bureau of Investigation shall coordinate the use of this system and equipment with federal, state, county, and municipal law enforcement agencies. All county sheriff departments and all police departments for municipalities may participate in this system. The Oklahoma State Bureau of Investigation shall establish standards and guidelines for fingerprinting for the automated fingerprint identification system. The Oklahoma State Bureau of Investigation may place any fingerprint received by the Bureau for any purpose in its AFIS database.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 282, &sect; 4, operative July 1, 1990. Amended by Laws 1994, c. 35, &sect; 1, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.25. A.F.I.S. Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Oklahoma State Bureau of Investigation, to be designated the "A.F.I.S. Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma State Bureau of Investigation, from appropriations, federal grants and assessments levied to said fund pursuant to law. All monies accruing to the credit of said fund are hereby appropriated and shall be budgeted and expended by the Oklahoma State Bureau of Investigation for the purpose of maintaining and operating the Automated Fingerprint Identification System (A.F.I.S.) until the indebtedness for the purchase of the automated fingerprint identification system equipment has been satisfied and to purchase equipment and provide training to law enforcement agencies located in the state, pursuant to Section 62.9 of this title. After the indebtedness has been satisfied, any monies not necessary for the maintenance, operating and upgrading expenses of the A.F.I.S. may be used for purchase, renovation or leasing of buildings, upgrading of laboratory equipment, and other capital expenditures of the Oklahoma State Bureau of Investigation and to purchase equipment and provide training to law enforcement agencies located in the state, pursuant to Section 62.9 of this title. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 282, &sect; 5, operative July 1, 1990. Amended by Laws 1994, c. 188, &sect; 3, eff. Sept. 1, 1994; Laws 2004, c. 276, &sect; 4, eff. Nov. 1, 2004; Laws 2012, c. 304, &sect; 834.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.26. Information transmittal - Forms and procedures.&nbsp;</span></p> <p><span class="cls0">The Director of the Oklahoma State Bureau of Investigation shall establish the procedures and forms necessary for the transmittal of information between the Oklahoma State Bureau of Investigation and participating law enforcement and criminal justice agencies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 282, &sect; 6, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.27. Deoxyribonucleic acid (DNA) laboratory - Coordination of use with law enforcement agencies &ndash; Forensic DNA technical manager.&nbsp;</span></p> <p><span class="cls0">A. There shall be established within the Oklahoma State Bureau of Investigation (OSBI) a deoxyribonucleic acid (DNA) laboratory for the purpose of determining DNA profiles to be used for evidence in criminal proceedings. The OSBI shall coordinate the use of this laboratory and equipment with federal, state, county, and municipal law enforcement agencies. All county sheriff departments and all police departments for municipalities may participate in this laboratory. The OSBI shall establish standards and guidelines for the deoxyribonucleic acid (DNA) laboratory and shall comply with any regulations applicable to DNA testing, sampling and laboratory standards.&nbsp;</span></p> <p><span class="cls0">B. The OSBI may make a DNA profile of any blood or saliva specimen received for any other purpose by the Bureau and place the DNA profile in its DNA population database. The DNA population database shall not be indexed by donor name, and the Bureau shall promulgate rules to protect the privacy of the DNA donors.&nbsp;</span></p> <p><span class="cls0">C. The OSBI may contract for the services of a Forensic DNA Technical Manager as reasonably necessary to ensure the continued operations of the DNA laboratory. The OSBI shall be exempt from the competitive bidding requirements of the Oklahoma Central Purchasing Act for the purpose of soliciting, negotiating, and effectuating such a contract or contracts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 227, &sect; 3, emerg. eff. May 23, 1991. Amended by Laws 1994, c. 35, &sect; 2, eff. Sept. 1, 1994; Laws 2002, c. 235, &sect; 3, emerg. eff. May 9, 2002; Laws 2004, c. 143, &sect; 3, eff. Nov. 1, 2004; Laws 2005, c. 441, &sect; 4, eff. Jan. 1, 2006; Laws 2006, c. 303, &sect; 3, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.27a. OSBI Combined DNA Index System (CODIS) Database.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established within the Oklahoma State Bureau of Investigation the OSBI Combined DNA Index System (CODIS) Database for the purpose of collecting and storing blood or saliva samples and DNA profiles, analyzing and typing of the genetic markers contained in or derived from DNA, and maintaining the records and samples of DNA of individuals convicted of any felony offense, of individuals required to register pursuant to the Sex Offenders Registration Act, and subject to the availability of funds, of individuals convicted of a misdemeanor offense of assault and battery, domestic abuse, stalking, possession of a controlled substance prohibited under Schedule IV of the Uniform Controlled Dangerous Substances Act, outraging public decency, resisting arrest, escape or attempting to escape, eluding a police officer, peeping tom, pointing a firearm, unlawful carry of a firearm, illegal transport of a firearm, discharging of a firearm, threatening an act of violence, breaking and entering a dwelling place, destruction of property, negligent homicide, or causing a personal injury accident while driving under the influence of any intoxicating substance, or, upon arrest, any alien unlawfully present under federal immigration law. The purpose of this database is the detection or exclusion of individuals who are subjects of the investigation or prosecution of sex-related crimes, violent crimes, or other crimes in which biological evidence is recovered, and such information shall be used for no other purpose.&nbsp;</span></p> <p><span class="cls0">B. Any DNA specimen taken in good faith by the Department of Corrections, its employees or contractors, or the county sheriff, its employees or contractors, and submitted to the OSBI may be included, maintained, and kept by the OSBI in a database for criminal investigative purposes despite the specimen having not been taken in strict compliance with the provisions of this section or Section 991a of Title 22 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. Upon the request to OSBI by the federal or state authority having custody of the person, any individual who was convicted of violating laws of another state or the federal government, but is currently incarcerated or residing in Oklahoma, shall submit to DNA profiling for entry of the data into the OSBI DNA Offender Database. This provision shall only apply when such federal or state conviction carries a requirement of sex offender registration and/or DNA profiling. The person to be profiled shall pay a fee of One Hundred Fifty Dollars ($150.00) to the OSBI.&nbsp;</span></p> <p><span class="cls0">D. The OSBI Combined DNA Index System (CODIS) Database is specifically exempt from any statute requiring disclosure of information to the public. The information contained in the database is privileged from discovery and inadmissible as evidence in any civil court proceeding. The information in the database is confidential and shall not be released to the public. Any person charged with the custody and dissemination of information from the database shall not divulge or disclose any such information except to federal, state, county or municipal law enforcement or criminal justice agencies. Any person violating the provisions of this section upon conviction shall be deemed guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year.&nbsp;</span></p> <p><span class="cls0">E. The OSBI shall promulgate rules concerning the collection, storing, expungement and dissemination of information and samples for the OSBI Combined DNA Index System (CODIS) Database. The OSBI shall determine the type of equipment, collection procedures, and reporting documentation to be used by the Department of Corrections or a county sheriff&rsquo;s office in submitting DNA samples to the OSBI in accordance with Section 991a of Title 22 of the Oklahoma Statutes. The OSBI shall provide training to designated employees of the Department of Corrections and a county sheriff&rsquo;s office in the proper methods of performing the duties required by this section.&nbsp;</span></p> <p><span class="cls0">F. The OSBI Combined DNA Index System (CODIS) Database may include secondary databases and indexes including, but not limited to:&nbsp;</span></p> <p><span class="cls0">1. Forensic index database consisting of unknown evidence samples;&nbsp;</span></p> <p><span class="cls0">2. Suspect index database consisting of samples taken from individuals as a result of criminal investigations;&nbsp;</span></p> <p><span class="cls0">3. Convicted offender index database authorized pursuant to subsection A of this section; and&nbsp;</span></p> <p><span class="cls0">4. Missing persons and unidentified remains index or database consisting of DNA profiles from unidentified remains and relatives of missing persons.&nbsp;</span></p> <p><span class="cls0">G. Any person convicted of a felony offense who is in custody shall provide a blood or saliva sample prior to release. Subject to the availability of funds, any person convicted of a misdemeanor offense of assault and battery, domestic abuse, stalking, possession of a controlled substance prohibited under Schedule IV of the Uniform Controlled Dangerous Substances Act, outraging public decency, resisting arrest, escape or attempting to escape, eluding a police officer, peeping tom, pointing a firearm, unlawful carry of a firearm, illegal transport of a firearm, discharging of a firearm, threatening an act of violence, breaking and entering a dwelling place, destruction of property, negligent homicide, or causing a personal injury incident while driving under the influence of any intoxicating substance who is in custody shall provide a blood or saliva sample prior to release. Every person who is convicted of a felony offense whose sentence does not include a term of incarceration shall provide a blood or saliva sample as a condition of sentence. Subject to the availability of funds, every person who is convicted of a misdemeanor offense of assault and battery, domestic abuse, stalking, possession of a controlled substance prohibited under Schedule IV of the Uniform Controlled Dangerous Substances Act, outraging public decency, resisting arrest, escape or attempting to escape, eluding a police officer, peeping tom, pointing a firearm, unlawful carry of a firearm, illegal transport of a firearm, discharging of a firearm, threatening an act of violence, breaking and entering a dwelling place, destruction of property, negligent homicide, or causing a personal injury accident while driving under the influence of any intoxicating substance whose sentence does not include a term of incarceration shall provide a blood or saliva sample as a condition of sentence.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 40, &sect; 2, eff. July 1, 1996. Amended by Laws 1996, c. 153, &sect; 3, emerg. eff. May 7, 1996; Laws 1997, c. 260, &sect; 10, eff. Nov. 1, 1997; Laws 2001, c. 88, &sect; 2, eff. Nov. 1, 2001; Laws 2001, c. 225, &sect; 3, eff. July 1, 2001; Laws 2002, c. 235, &sect; 4, emerg. eff. May 9, 2002; Laws 2004, c. 143, &sect; 4, eff. Nov. 1, 2004; Laws 2005, c. 1, &sect; 128, emerg. eff. March 15, 2005; Laws 2005, c. 441, &sect; 5, eff. Jan. 1, 2006; Laws 2009, c. 218, &sect; 3, emerg. eff. May 19, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2004, c. 61, &sect; 1 repealed by Laws 2005, c. 1, &sect; 129, emerg. eff. March 15, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.28. Deoxyribonucleic acid (DNA) laboratory - Acquisition or transmittal of specimens and information - Procedures.&nbsp;</span></p> <p><span class="cls0">The Director of the Oklahoma State Bureau of Investigation shall establish the procedures, methods and forms necessary for the acquisition or transmittal of specimens and information between the Oklahoma State Bureau of Investigation and participating law enforcement and criminal justice agencies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 227, &sect; 4, emerg. eff. May 23, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.29. Petty cash fund.&nbsp;</span></p> <p><span class="cls0">The Oklahoma State Bureau of Investigation is hereby given authority to create a petty cash fund not to exceed Four Hundred Dollars ($400.00) for each office of the Oklahoma State Bureau of Investigation, which may be expended for the purpose of providing change for cash payments for criminal history record checks and other Oklahoma Open Records Act search and copy fees.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 71, &sect; 1, eff. July 1, 1993. Amended by Laws 2001, c. 74, &sect; 2, eff. Nov. 1, 2001; Laws 2012, c. 156, &sect; 2, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.30. Audits of petty cash fund.&nbsp;</span></p> <p><span class="cls0">Any audit including but not limited to a financial statement audit performed by the State Auditor and Inspector's Office or an independent licensed public accountant on the funds, accounts, vouchers and books and fiscal affairs of the Oklahoma State Bureau of Investigation shall include an audit of the petty cash fund created pursuant to the provisions of the section detailing the various items of receipts and expenditures of the fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 71, &sect; 2, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.31. Business operations - Rules and procedures - Accounts receivable.&nbsp;</span></p> <p><span class="cls0">The Oklahoma State Bureau of Investigation may promulgate rules and establish procedures for the business operations of the Bureau under the Oklahoma Open Records Act. The Bureau is hereby granted the authority to establish policies and procedures for creating accounts receivable for individuals, corporations, and government agencies for providing copies of its open records in advance of payment, including the providing of criminal history information and related services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 71, &sect; 3, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.32. Firearms Laboratory Improvement Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the "Firearms Laboratory Improvement Fund". The fund shall be a continuing fund for the Oklahoma State Bureau of Investigation. The fund shall not be subject to fiscal year limitations and shall consist of monies received from all state agencies which seize assets pursuant to the Uniform Controlled Dangerous Substances Act during the fiscal year ending June 30, 1994. Each agency's contribution shall be determined on a pro rata basis based on the percentage of forfeitures collected by the agency during the fiscal year ending June 30, 1993, in relation to the total monetary value of all forfeitures collected by all agencies contributing to the fund. The amount each agency is to contribute shall be determined by the Director of the Office of Management and Enterprise Services and the Cabinet Secretary for Safety and Security. Funds shall be transferred pursuant to a time schedule established by the Director of the Office of Management and Enterprise Services and the Cabinet Secretary for Safety and Security, but all such funds shall be transferred as available. The total amount of money to be paid into the fund shall not exceed One Hundred Forty-five Thousand Dollars ($145,000.00). Funds collected in the Drugfire Project Fund during the 1994 fiscal year shall be carried over into the Firearms Laboratory Improvement Fund. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">B. The Firearms Laboratory Improvement Fund shall be used to upgrade the firearms laboratory services of the Oklahoma State Bureau of Investigation criminalistics laboratory. Expenditures from the fund shall be used only for training of personnel, matching funds for federal grants to obtain laboratory instrumentation, the purchase of laboratory instrumentation and equipment, and to upgrade existing laboratory instrumentation and equipment. If the Firearms Laboratory Improvement Fund is not expended by June 30, 1996, funds contributed by agencies shall be repaid to the agencies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 237, &sect; 1, eff. July 1, 1993. Amended by Laws 1994, c. 193, &sect; 1, eff. July 1, 1994; Laws 2012, c. 304, &sect; 835.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 150.29 of this title to avoid duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.33. Repealed by Laws 1994, c. 193, &sect; 2, eff. July 1, 1994.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.34. Judicial background investigations.&nbsp;</span></p> <p><span class="cls0">Of the full-time-equivalent employees authorized for the Oklahoma State Bureau of Investigation, one employee shall be employed for the purpose of conducting judicial background investigations requested by the Judicial Nominating Commission. When not conducting investigations for the Judicial Nominating Commission, the employee may be involved in investigations as requested by the Council on Judicial Complaints and in other investigations as deemed appropriate by the Director of the Oklahoma State Bureau of Investigation; provided, however, the first priority of the employee will be to respond to requests of the Commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 235, &sect; 3, eff. Sept. 1, 1995. Amended by Laws 2012, c. 153, &sect; 2, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.35. Forensic Science Improvement Revolving Fund &ndash; Creation - Use of fund&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Oklahoma State Bureau of Investigation to be designated the "Forensic Science Improvement Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all appropriated funds, any funds from state, federal or other grants, the funds collected from assessments provided by Section 1313.4 of Title 20 of the Oklahoma Statutes, any monies transferred from the OSBI Revolving Fund; and any other monies designated to or deposited to the benefit of this fund. All monies accruing to the credit of this fund are hereby appropriated and may be budgeted and expended by the Oklahoma State Bureau of Investigation for the purpose of improvement of the forensic science services of the Oklahoma State Bureau of Investigation including, but not limited to:&nbsp;</span></p> <p><span class="cls0">1. Purchase, construction, renovation, financing or leasing of facilities and equipment;&nbsp;</span></p> <p><span class="cls0">2. Purchase, rental, upgrades, repair, and maintenance of instrumentation and equipment;&nbsp;</span></p> <p><span class="cls0">3. Salaries, benefits, training, equipment, supplies, and overhead expenses for agency personnel;&nbsp;</span></p> <p><span class="cls0">4. Education, training and development of OSBI personnel;&nbsp;</span></p> <p><span class="cls0">5. Destruction of seized property and chemicals;&nbsp;</span></p> <p><span class="cls0">6. Accreditation and quality assurance expenses;&nbsp;</span></p> <p><span class="cls0">7. Professional services contracts;&nbsp;</span></p> <p><span class="cls0">8. Purchase equipment and provide training to law enforcement agencies located in this state, pursuant to Section 62.9 of this title; and&nbsp;</span></p> <p><span class="cls0">9. Enhancement or implementation of forensic technologies.&nbsp;</span></p> <p><span class="cls0">Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 225, &sect; 5, eff. July 1, 2001. Amended by Laws 2004, c. 276, &sect; 5, eff. Nov. 1, 2004; Laws 2012, c. 304, &sect; 836.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-150.36. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Forensic Laboratory Accreditation Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 351, &sect; 2, emerg. eff. May 30, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.37. Definitions - Accreditation - Evidence in criminal trials.&nbsp;</span></p> <p><span class="cls0">A. For purposes of this act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;ABFT&rdquo; shall mean the American Board of Forensic Toxicology, an accrediting body for toxicology;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Accredited&rdquo; shall mean recognized formally by an accrediting body as meeting or exceeding applicable quality standards;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Accrediting body&rdquo; shall mean a nationally recognized organization that has developed and maintained an independent system, based upon ISO/IEC 17025 standards, for providing laboratories with an impartial review of laboratory operations and that provides formal recognition or certification to laboratories who demonstrate continued compliance with those standards and other supplemental forensic standards which are specific to the maintenance and testing of forensic evidence;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;ISO/IEC 17025&rdquo; shall mean the International Organization of Standards/International Electrotechnical Commission standard 17025 that is published by the International Organization for Standardization and the International Electrotechnical Commission and included as a standard in general requirements for the competence of testing and calibration laboratories;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Forensic laboratory&rdquo; shall mean a laboratory operated by the state or any unit of municipal, county, city or other local government that examines physical evidence in criminal matters and provides opinion testimony in a court of law;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Toxicology analysis&rdquo; shall mean a laboratory analysis whereby biological samples are tested for alcohol and/or other toxic or intoxicating substances;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;IAI&rdquo; shall mean the International Association for Identification; and&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Supplemental forensic standards&rdquo; shall mean additional requirements specifically related to maintenance and analysis of forensic evidence required in addition to the calibration and testing requirements of ISO/IEC 17025 standards.&nbsp;</span></p> <p><span class="cls0">B. Effective July 1, 2005, all forensic laboratories as defined in this act established or operating prior to that date shall be accredited. The following exceptions shall apply:&nbsp;</span></p> <p><span class="cls0">1. Breath testing for alcohol;&nbsp;</span></p> <p><span class="cls0">2. Field testing, crime scene processing, crime scene evidence collection, searches, examinations or enhancements of digital evidence, and crime scene reconstruction;&nbsp;</span></p> <p><span class="cls0">3. Latent print identification performed by an IAI certified latent print examiner;&nbsp;</span></p> <p><span class="cls0">4. Marihuana identification using methods generally accepted in the forensic field that are approved by a forensic laboratory accredited in controlled substances;&nbsp;</span></p> <p><span class="cls0">5. All forensic laboratories established on or after July 1, 2005, as defined in this act, shall be accredited within two (2) years of establishment; and&nbsp;</span></p> <p><span class="cls0">6. Forensic laboratories that exclusively and solely perform forensic toxicology analysis may meet this requirement by being either accredited through an accrediting body as defined in this section or accredited by ABFT.&nbsp;</span></p> <p><span class="cls0">C. On or after July 1, 2005, testimony, results, reports, or evidence of forensics analysis produced on behalf of the prosecution in a criminal trial shall be done by an accredited forensic laboratory. This section shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. Testimony, results, reports, or evidence of forensic analysis produced by a forensic laboratory established after July 1, 2005, and not yet required to be accredited as set forth in subsection B of this section;&nbsp;</span></p> <p><span class="cls0">2. Testimony, results, reports, or evidence of forensic analysis produced by a forensic laboratory prior to July 1, 2005. Such testimony, results, reports, or evidence need not be performed by an accredited forensic laboratory and may be produced or presented on behalf of the prosecution in a criminal trial after July 1, 2005, as long as the forensic analysis was produced prior to that date;&nbsp;</span></p> <p><span class="cls0">3. Testimony, results, reports, or evidence of breath testing for alcohol;&nbsp;</span></p> <p><span class="cls0">4. Testimony, results, reports, or evidence of field testing, crime scene processing, crime scene evidence collection, searches, examinations or enhancements of digital evidence, and crime scene reconstruction;&nbsp;</span></p> <p><span class="cls0">5. Testimony, results, reports, or evidence of latent print identification performed by an IAI certified latent print examiner; and&nbsp;</span></p> <p><span class="cls0">6. Testimony, results, reports, or evidence of marihuana identification using methods generally accepted in the forensic field that are approved by a forensic laboratory accredited in controlled substances.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 351, &sect; 3, emerg. eff. May 30, 2002. Amended by Laws 2003, c. 203, &sect; 1, emerg. eff. May 9, 2003; Laws 2011, c. 137, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-150.38. Child Abuse Response Team (CART) - Employees - Qualifications.&nbsp;</span></p> <p><span class="cls0">A. Subject to the availability of funds, there is hereby established within the Oklahoma State Bureau of Investigation the Child Abuse Response Team (CART) for the purpose of investigating cases of physical and sexual abuse of a child. For the purpose of implementing CART, the Bureau shall employ at least one Child Abuse Response Team (CART) investigator and at least one Child Abuse Response Team (CART) forensic interviewer which shall be full-time-equivalent positions within the Bureau compensated at the same pay rate as a senior level investigator agent.&nbsp;</span></p> <p><span class="cls0">B. In addition to any other law or rule specifying requirements or qualifications for an OSBI agent to be employed by the Bureau, the Child Abuse Response Team employees shall be qualified for the respective positions as follows:&nbsp;</span></p> <p><span class="cls0">1. Every CART investigator shall: &nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;have at least five (5) years&rsquo; experience as a law enforcement officer or criminal investigator in a law enforcement agency or agencies with preference given to additional years in law enforcement,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;be currently certified as a peace officer by the Council on Law Enforcement Education and Training (CLEET),&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;have served as the primary criminal investigative officer in a law enforcement agency or agencies with experience as the primary investigative officer on at least five hundred cases of physical or sexual abuse of a child,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;have graduated from an accredited college or university with a bachelor degree with preference given to a post-graduate degree, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;be not currently employed by the Oklahoma State Bureau of Investigation, nor employed by such agency within the previous six (6) months immediately preceding an application for the position of CART investigator.&nbsp;</span></p> <p><span class="cls0">2. Every CART forensic interviewer shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;have experience in conducting forensic interviews and shall have conducted a minimum of five hundred child forensic interviews in cases of physical or sexual abuse of a child,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;have graduated from an accredited college or university with a bachelor degree with preference given to a post-graduate degree,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;have experience as an expert witness and shall have been certified as an expert witness in cases of physical or sexual abuse of a child in at least twenty-five legal proceedings in a court of competent jurisdiction, &nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;have completed at least one hundred (100) hours of education or training on forensic interviewing of a child, and &nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;be not currently employed by the Oklahoma State Bureau of Investigation, nor employed by such agency within the previous six (6) months immediately preceding an application for the position of CART forensic interviewer.&nbsp;</span></p> <p><span class="cls0">3. If the director of the Oklahoma State Bureau of Investigation is unable to find a person whose qualifications meet or exceed the qualifications specified for the position of CART investigator or CART forensic interviewer, the director is authorized to offer such position to a person whose qualifications substantially meet the qualifications specified for the position.&nbsp;</span></p> <p><span class="cls0">C. The Bureau may promulgate rules, procedures and forms necessary to establish and implement the functions of the Child Abuse Response Team and to coordinate responsibilities with other persons or agencies having responsibilities relating to child abuse investigation and response to child abuse. Members of the Child Abuse Response Team are authorized, when available, to be involved and utilized in investigations of crimes other than cases of physical and sexual abuse of a child.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 326, &sect; 2, eff. July 1, 2006. Amended by Laws 2012, c. 153, &sect; 3, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74&mdash;150.38a. Repealed by Laws 2012, c. 153, &sect; 5. eff. Nov. 1, 2012.&nbsp;</span></p> <p><span class="cls0">&sect;74-151.1. Internet Crimes Against Children unit - Local cooperative agreements.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma State Bureau of Investigation shall establish an Internet Crimes Against Children (ICAC) unit for the primary purpose of investigating Internet crimes committed against children, including, but not limited to, offenses related to child pornography and solicitation of minors for pornography, prostitution or sex-related offenses. The unit shall additionally promote safe Internet use among children and their parents by various media or printed-material campaigns or by offering educational programs to schools or communities throughout this state. The Bureau shall employ sufficient employees to investigate and implement the ICAC unit.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Oklahoma State Bureau of Investigation is hereby authorized to enter into local cooperative agreements with local law enforcement agencies for the purpose of appointing ICAC Affiliate Task Force Agents to assist the ICAC unit of the Bureau. ICAC Affiliate Task Force Agents shall be employees and commissioned law enforcement officers of the local law enforcement agency entering into agreement with the Oklahoma State Bureau of Investigation and shall not be employees of the Bureau. ICAC Affiliate Task Force Agents shall have general peace officer powers and the authority to arrest persons throughout the state for the purpose of investigating Internet crimes committed against children including, but not limited to, offenses related to child pornography, solicitation of minors for pornography, prostitution or sex-related offenses. ICAC Affiliate Task Force Agents shall promote safe Internet use among children and parents of children by various media or printed-material campaigns or by offering educational programs to schools or communities throughout Oklahoma. The Director of the Bureau may renew, suspend or revoke any agreement appointing an ICAC Affiliate Task Force Agent at any time. ICAC Affiliate Task Force Agents serve solely at the discretion and will of the Director of the Oklahoma State Bureau of Investigation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 183, &sect; 3, emerg. eff. May 22, 2006. Amended by Laws 2012, c. 115, &sect; 2, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-151.2. Renumbered as &sect; 2-106.3 of Title 47 by Laws 2008, c. 302, &sect; 14, emerg. eff. June 2, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-152.2. Definitions.&nbsp;</span></p> <p><span class="cls0">For purposes of this act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Broker&rdquo; means every person whose primary business is buying, selling, or otherwise dealing in used materials as agent for the seller of the used materials, or as agent for the buyer of the used materials, or as agent for both;&nbsp;</span></p> <p><span class="cls0">2. "Bureau" means the Oklahoma State Bureau of Investigation;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Dealer&rdquo; means every person whose primary business is buying, selling, or otherwise dealing in used materials and who has a fixed, designated place or places of business within this state;&nbsp;</span></p> <p><span class="cls0">4. "Director" means the Director of the Oklahoma State Bureau of Investigation;&nbsp;</span></p> <p><span class="cls0">5. "Gas" means natural gas, including casinghead gas, and any and all other hydrocarbons not defined as oil;&nbsp;</span></p> <p><span class="cls0">6. "Load ticket" means an invoice or other shipping paper described and required by Section 1013 of Title 68 of the Oklahoma Statutes or other manifest required by state or federal law describing the cargo;&nbsp;</span></p> <p><span class="cls0">7. "Oil" means crude petroleum oil, and any other liquid hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods;&nbsp;</span></p> <p><span class="cls0">8. "Oil field equipment" means equipment, machinery or materials that are part of or incident to drilling, well servicing, exploration, development, maintenance, production, transportation and operation of oil and gas properties and includes equipment and materials that are part of or incident to the construction, maintenance and operation of oil and gas wells, oil and gas leases, gasoline plants and refineries;&nbsp;</span></p> <p><span class="cls0">9. "Oil reclaimer" means any person who reclaims, salvages, or in any manner removes or extracts oil from the waste products associated with the production, storage, and transportation of oil, including but not limited to salt water, and the residue from oil storage tank bottoms;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Peddler&rdquo; means every person who is not a dealer or broker and whose primary business is buying, selling, or otherwise dealing in used materials;&nbsp;</span></p> <p><span class="cls0">11. "Person" means any individual, copartnership, corporation, common law or statutory trust or association of whatever character;&nbsp;</span></p> <p><span class="cls0">12. &ldquo;Pipeline equipment&rdquo; means all pipes, fitting, pumps, telephone and telegraph lines, and all other material and equipment used as part of or incident to the construction, maintenance and operation of a pipeline for the transportation of oil, gas, water, or other liquid or gaseous substance;&nbsp;</span></p> <p><span class="cls0">13. "Transportation" or "transport" means the movement of oil or gas or salt water by any vehicle in this state. The term does not include movement by railroad tank car or by pipeline. The term transportation or transport shall not apply to the transportation of oil or gas when such oil or gas is contained in the ordinary equipment of a motor vehicle and is used only for the operation of the motor vehicle in which contained;&nbsp;</span></p> <p><span class="cls0">14. "Transporter" means any person who actually transports oil or gas or salt water in any vehicle on any road, street, or highway in this state;&nbsp;</span></p> <p><span class="cls0">15. "Unlawful gas" means gas transported or taken in violation of any law of this state;&nbsp;</span></p> <p><span class="cls0">16. "Unlawful oil" means any oil transported or taken in violation of any law of this state;&nbsp;</span></p> <p><span class="cls0">17. &ldquo;Used materials&rdquo; means pipeline equipment or oil field equipment after the equipment has once been placed in the use for which it first was manufactured and intended; and&nbsp;</span></p> <p><span class="cls0">18. "Vehicle" means every device upon or in which any person or property is or may be transported or drawn.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 187, &sect; 1, eff. Nov. 1, 1985. Amended by Laws 1986, c. 201, &sect; 9, operative July 1, 1986; Laws 2008, c. 364, &sect; 2, eff. Jan 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-152.3. Additional powers and duties of Bureau.&nbsp;</span></p> <p><span class="cls0">In addition to the other powers and duties of the Oklahoma State Bureau of Investigation provided by law, the Bureau shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Review records from any oil reclaimer to ensure that oil is not stolen;&nbsp;</span></p> <p><span class="cls0">2. To enter upon any public or private property to conduct inspections at reasonable hours to ensure that any operation of an oil reclaiming facility is not a conduit for unlawful oil and for the purpose of investigating oil or gas theft operations and to take necessary action if any operation is found to be a conduit for stolen oil or gas;&nbsp;</span></p> <p><span class="cls0">3. Advise, consult, and cooperate with other agencies of this state, the federal government, other states and interstate agencies, and with affected groups and political subdivisions concerning oil reclaiming operations, the transportation of unlawful oil and unlawful gas and stolen oil field equipment;&nbsp;</span></p> <p><span class="cls0">4. Institute and maintain or intervene in any action or proceeding where deemed necessary by the Bureau to ensure that any operation of an oil reclaiming facility is not a conduit for unlawful oil or for the purpose of prosecuting persons involved in oil field equipment theft;&nbsp;</span></p> <p><span class="cls0">5. Conduct investigations of organized oil or gas theft rings and stolen oil field equipment rings;&nbsp;</span></p> <p><span class="cls0">6. Determine sources and outlets for unlawful oil or unlawful gas or stolen oil field equipment;&nbsp;</span></p> <p><span class="cls0">7. Stop any vehicle transporting or appearing to transport any oil, gas or salt water, for the purpose of inspecting, measuring, and taking samples of the cargo and inspecting load tickets to ensure that such vehicle is not transporting unlawful gas or unlawful oil;&nbsp;</span></p> <p><span class="cls0">8. Stop any vehicle transporting or appearing to transport any oil field equipment, for the purpose of inspecting the cargo being transported and to inspect bills of lading to ensure that the vehicle is not transporting stolen oil field equipment;&nbsp;</span></p> <p><span class="cls0">9. Investigate any theft of oil or gas or oil field equipment of which the agency receives notice;&nbsp;</span></p> <p><span class="cls0">10. Arrest or cause the arrest of any person when reasonable grounds exist to believe such person is in possession of unlawful oil, unlawful gas or stolen oil field equipment;&nbsp;</span></p> <p><span class="cls0">11. Coordinate the efforts of this state to reduce oil, gas and oil field equipment theft with local, state, and federal law enforcement agencies;&nbsp;</span></p> <p><span class="cls0">12. Develop educational programs on detection and prevention of oil, gas and oil field equipment theft; and&nbsp;</span></p> <p><span class="cls0">13. Exercise all incidental powers necessary and proper for the administration and enforcement of the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 187, &sect; 2, eff. Nov. 1, 1985. Amended by Laws 1986, c. 201, &sect; 10, operative July 1, 1986; Laws 2008, c. 364, &sect; 3, eff. Jan. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74152.4. Oil reclamation Inspections.&nbsp;</span></p> <p><span class="cls0">The Director, investigators, and any other agent of the Bureau shall have the right at all times to go upon property where oil is being reclaimed in order to inspect, gauge, or take samples from pipelines, tank farms, pump stations, and any and all other facilities used for the reclamation of oil.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 187, &sect; 3, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;74-152.5. Disposition of monies - Reports - Oil and Gas Theft Recovery Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. All monies received from fines and forfeitures for violations of the provisions of this act on behalf of the Bureau, when collected by the court clerk, shall be deposited by such clerk as follows:&nbsp;</span></p> <p><span class="cls0">1. Fifty percent (50%) thereof with the county treasurer to be credited to the general fund of the county and so reported; and&nbsp;</span></p> <p><span class="cls0">2. Fifty percent (50%) shall be transmitted to the Oil and Gas Theft Recovery Fund by cash voucher and so reported.&nbsp;</span></p> <p><span class="cls0">B. All transmittals of monies under this section shall be accompanied by a report showing the name of the court, the number of the case, the style of the case and the amount of fine and forfeiture in each separate instance.&nbsp;</span></p> <p><span class="cls0">C. There is hereby created in the State Treasury a revolving fund for the Bureau, to be designated the "Oil and Gas Theft Recovery Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Bureau, from fines and forfeitures received pursuant to this act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Bureau for the purpose of effectuating the provisions of this act. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 187, &sect; 4, eff. Nov. 1, 1985. Amended by Laws 2012, c. 304, &sect; 837.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-152.6. Certain peace officers authorized to stop certain vehicles - Taking samples and inspecting load ticket - Presumption of unlawful cargo.&nbsp;</span></p> <p><span class="cls0">A. Each agent of the Oklahoma State Bureau of Investigation, each agent of the Federal Bureau of Investigation, each highway patrolman, each sheriff and each state-certified peace officer in this state is authorized to stop any vehicle transporting or appearing to transport oil, gas or salt water, for the purpose of inspecting, measuring, and taking samples of the cargo and inspecting the load ticket of such vehicle to ensure that the cargo conforms to such load ticket. Except as authorized in subsection C of this section, upon stopping any vehicle pursuant to this section, such patrolmen, agents, sheriffs or peace officers are not authorized to take any samples of the cargo of such vehicle until the vehicle arrives at its destination as indicated on its load ticket.&nbsp;</span></p> <p><span class="cls0">B. Each agent of the Oklahoma State Bureau of Investigation, each agent of the Federal Bureau of Investigation, each highway patrolman, each sheriff and each state-certified peace officer in this state is authorized to stop any vehicle transporting or appearing to transport oil field equipment, for the purpose of inspecting the cargo and inspecting the bill of lading of the vehicle to ensure that the cargo conforms to the bill of lading.&nbsp;</span></p> <p><span class="cls0">C. Such patrolmen, agents, sheriffs or peace officers may take samples of the cargo of such vehicle if the vehicle has an outofstate destination as indicated on its load ticket or if no destination is indicated on the load ticket.&nbsp;</span></p> <p><span class="cls0">D. A rebuttable presumption that the cargo is unlawful oil or unlawful gas and probable cause for the arrest of any person transporting oil, gas or salt water and the seizure of the vehicle and the oil or gas transported in the vehicle pursuant to Section 152.8 of this title shall be established if:&nbsp;</span></p> <p><span class="cls0">1. The person transporting oil or gas or salt water fails to produce the load ticket upon proper request therefor;&nbsp;</span></p> <p><span class="cls0">2. The load ticket does not contain such information so as to describe or otherwise evidence the cargo as required by state or federal laws; or&nbsp;</span></p> <p><span class="cls0">3. The inspection, measuring, or taking samples of said oil or gas or salt water reveals that the contents of the vehicle are not the same as those described in the load ticket.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 187, &sect; 5, eff. Nov. 1, 1985. Amended by Laws 2008, c. 364, &sect; 4, eff. Jan. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74152.7. Failure to stop vehicle or permit inspection Penalties Disposition of monies.&nbsp;</span></p> <p><span class="cls0">A. Each person transporting oil or gas or salt water who:&nbsp;</span></p> <p><span class="cls0">1. Willfully and knowingly fails to stop his vehicle when commanded to do so by any person authorized to stop and inspect a vehicle pursuant to Section 5 of this act; or&nbsp;</span></p> <p><span class="cls0">2. Willfully fails to permit inspection by such authorized person of the contents of the vehicle or the load ticket in the possession of such person or accompanying such vehicle, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the county jail for not more than six (6) months or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Any monies received from fines pursuant to this section shall be deposited pursuant to Section 4 of this act.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 187, &sect; 6, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;74152.8. Transportation of unlawful oil or gas as public nuisance Seizure and forfeiture of certain property Recovery procedure.&nbsp;</span></p> <p><span class="cls0">A. The transportation of all unlawful oil or unlawful gas is hereby declared to be a public nuisance and such unlawful gas or unlawful oil shall be forfeited to the state. Except as provided by this section and Section 8 of this act all vehicles being used to transport said unlawful oil or unlawful gas shall also be forfeited to the state.&nbsp;</span></p> <p><span class="cls0">B. Except as authorized by subsection C of this section, all property taken or detained under this section by any authorized person shall not be repleviable, and shall be deemed to be in the custody of the office of the district attorney of the county in which such property was seized, subject only to the decree of a court of competent jurisdiction. If sufficient evidence exists, as determined by the district attorney, that any oil or gas seized is unlawful oil or unlawful gas or that any vehicle seized was used to transport such unlawful oil or unlawful gas, said district attorney shall follow the procedures provided in Section 8 of this act dealing with notification of seizure, intent and forfeiture, final disposition procedures, and release to innocent claimants with regard to all property seized by such authorized persons. If sufficient evidence does not exist, as determined by the district attorney, that any oil or gas seized is unlawful oil or unlawful gas or that any vehicle seized was used to transport such unlawful oil or unlawful gas, the district attorney may release such oil or gas or vehicle but shall notify any appropriate state or federal agency of any possible permit or license violations.&nbsp;</span></p> <p><span class="cls0">C. 1. The owner of a vehicle, upon submission of a written statement, under oath, to the office of the district attorney of the county in which said property was seized that such owner had no knowledge of the unlawfulness of the oil or gas or that the oil or gas became unlawful without his knowledge after the creation of his interest or that the vehicle was being used for the purpose charged without his knowledge, and upon execution of a lien pursuant to this subsection and entry of the lien on the certificate of title, shall be entitled to recover the possession of the vehicle prior to the commencement of the action.&nbsp;</span></p> <p><span class="cls0">2. The office of the district attorney of the county in which property was seized shall have a lien upon any vehicle seized pursuant to this section. If the title to the vehicle is not with the person from whom such vehicle was seized, the person having title shall be given notice within five (5) days of such seizure and of the opportunity to recover the vehicle pursuant to this subsection. The lien on such vehicle shall be preferred to all other liens or encumbrances which may attach to or upon such vehicle.&nbsp;</span></p> <p><span class="cls0">3. The office of the district attorney claiming the lien within ten (10) days of seizure of the vehicle shall file in the office of the county clerk of the county in which such property was seized a statement verified by affidavit setting forth:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;the registration number of the seized vehicle;&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;the name of the person having title to said vehicle; and&nbsp;</span></p> <p><span class="cls0">c.&nbsp;&nbsp;a description of the vehicle including its value.&nbsp;</span></p> <p><span class="cls0">In addition, the office of the district attorney claiming the lien shall provide for the entry of the lien on the certificate of title pursuant to the Motor Vehicle Title Act. Such statement shall be filed and the lien recorded on the certificate of title prior to the recovery of the vehicle by the owner pursuant to this subsection.&nbsp;</span></p> <p><span class="cls0">4. Any person having title to the seized vehicle on which a lien is claimed pursuant to this subsection may at any time discharge the lien by depositing with the county clerk of the county in which property was seized a corporate surety bond made payable to the state in an amount not less than the value of the vehicle seized. Within three (3) business days after the deposit of bond is made, the county clerk shall serve upon the office of the district attorney claiming the lien, written notice setting forth:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;the number of the lien claim;&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;the name of the vehicle owner;&nbsp;</span></p> <p><span class="cls0">c.&nbsp;&nbsp;the property description shown on the lien claim;&nbsp;</span></p> <p><span class="cls0">d.&nbsp;&nbsp;the names of the principal and surety; and&nbsp;</span></p> <p><span class="cls0">e.&nbsp;&nbsp;the bond penalty.&nbsp;</span></p> <p><span class="cls0">The party seeking to discharge the lien shall prepare and deliver the notice to the county clerk of the county in which the property was seized and pay a fee of Five Dollars ($5.00) to cover the cost of filing and mailing. An abbreviated notice may be used if the same refers to and encloses a copy of the lien claim and a copy of the bond with the clerk's filing stamp thereon. The notice shall be mailed by registered or certified mail at the option of the county clerk.&nbsp;</span></p> <p><span class="cls0">If a bond is deposited, the district attorney shall have five (5) days after the notice is mailed within which to file a written objection with the county clerk of said county. If a written objection is not timely made, the county clerk shall immediately show the lien released of record. If an objection is timely made, the county clerk shall set a hearing within five (5) days thereafter and notify by ordinary mail both the office of the district attorney and the party making the deposit of the date and time thereof. The only grounds for objection shall be that: The surety is not authorized to transact business in this state; the bond is not properly signed; the amount is less than the value of the vehicle seized; the power of attorney of the surety's attorneyinfact does not authorize the execution; there is no power of attorney attached if the bond is executed by anyone other than the surety's president and attested by its secretary; or a cease and desist order has been issued against the surety either by the Insurance Commissioner or a court of competent jurisdiction. Within two (2) business days following the hearing the county clerk shall either sustain or overrule the objections and notify the parties of his ruling by ordinary mail. If the objections are sustained, the ruling of the county clerk shall be conclusive for lien release purposes unless appealed within ten (10) days to the district court. If the objections are overruled, the county clerk shall immediately show the lien released of record.&nbsp;</span></p> <p><span class="cls0">The bond shall: Name the office of the district attorney in which the property was seized as obligee and the party seeking the release as principal; be executed by both the principal and the surety; have a proper power of attorney attached if executed by an attorneyinfact; be executed by a corporate surety authorized to transact business in this state; and be conditioned that the principal and surety will pay the full amount of the claim as established in any appropriate court proceeding, plus any court costs, but in no event shall the liability of the principal or surety under the bond exceed the bond penalty. The conditions of any bond filed pursuant to this section shall be deemed to comply with the requirements hereof, regardless of the language or limitations set forth therein, if both the principal and surety intend that the bond be filed to secure a lien release under this section.&nbsp;</span></p> <p><span class="cls0">The bond shall stand in lieu of the released lien. The bond shall stand liable for such principal, interest, and court costs. The bond principal and surety are necessary parties to an action against the substituted security, and by filing a bond the parties subject themselves to personal jurisdiction in the court where the action is properly filed and may be served with process as in other cases.&nbsp;</span></p> <p><span class="cls0">5. If the district attorney fails to file a forfeiture proceeding pursuant to Section 8 of this act, upon application of the party filing the bond and the payment of a fee of Ten Dollars ($10.00), the county clerk shall appropriately note on the bond that the same has been released. The clerk shall not incur liability to any lien claimant for the release of a bond in good faith.&nbsp;</span></p> <p><span class="cls0">6. Upon conviction of the owner of the vehicle for violating the provisions of this act, the vehicle so seized upon which a lien has been filed pursuant to this subsection or any bond posted for the discharge of the lien on such vehicle shall be forfeited to the state pursuant to forfeiture proceedings provided by Section 8 of this act.&nbsp;</span></p> <p><span class="cls0">7. Upon the acquittal of such person charged with violating the provisions of this section or upon the dismissal with prejudice of said charge against such person or it is shown that the owner of such vehicle was not knowledgable concerning the illegal use of his vehicle, the lien on the vehicle shall be immediately discharged in accordance with procedures for the discharge of liens, or the bond posted shall be returned to the person posting such bond.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 187, &sect; 7, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;74-152.9. Seizure and forfeiture proceedings.&nbsp;</span></p> <p><span class="cls0">A. Any person authorized to stop and inspect a vehicle pursuant to Section 152.6 of this title shall seize any unlawful oil or unlawful gas and shall seize any vehicle or trailer which is being used to transport such unlawful oil or unlawful gas. Except as authorized by Section 152.8 of this title, such property shall be held as evidence until a forfeiture has been declared or a release ordered.&nbsp;</span></p> <p><span class="cls0">B. Notice of seizure and intended forfeiture proceeding shall be filed in the office of the clerk of the district court for the county in which such unlawful oil or unlawful gas and vehicle or trailer is seized and shall be given all owners and parties in interest.&nbsp;</span></p> <p><span class="cls0">C. Notice shall be given to:&nbsp;</span></p> <p><span class="cls0">1. The Oklahoma Tax Commission Gross Production Division;&nbsp;</span></p> <p><span class="cls0">2. Each owner or party in interest whose rights, title, or interest is of record in the Oklahoma Tax Commission, by mailing a copy of the notice by certified mail to the address as given upon the records of the Oklahoma Tax Commission;&nbsp;</span></p> <p><span class="cls0">3. Each owner or party in interest whose name and address is known, by mailing a copy of the notice by registered mail to the lastknown address; and&nbsp;</span></p> <p><span class="cls0">4. All other owners, whose addresses are unknown, but who are believed to have an interest in the unlawful oil or unlawful gas, vehicle or trailer, by one publication in a newspaper of general circulation in the county where the seizure was made.&nbsp;</span></p> <p><span class="cls0">D. Within sixty (60) days after the mailing or publication of the notice, the owner of the unlawful oil or unlawful gas, vehicle or trailer and any other party in interest or claimant may file a verified answer and claim to the unlawful oil or unlawful gas, vehicle or trailer described in the notice of seizure and of the intended forfeiture proceeding.&nbsp;</span></p> <p><span class="cls0">E. If at the end of sixty (60) days after the notice has been mailed or published there is no verified answer on file, the court shall hear evidence upon the fact of the unlawful use and shall order the unlawful oil or unlawful gas, vehicle or trailer forfeited to the state, if such fact is proved.&nbsp;</span></p> <p><span class="cls0">F. If a verified answer is filed, the forfeiture proceeding shall be set for hearing.&nbsp;</span></p> <p><span class="cls0">G. At the hearing the state shall prove beyond a reasonable doubt by competent evidence that the oil or gas seized is unlawful oil or unlawful gas and that any vehicle or trailer seized was being used to transport the unlawful oil or unlawful gas.&nbsp;</span></p> <p><span class="cls0">H. The claimant of any right, title, or interest in the unlawful oil, unlawful gas, vehicle or trailer may prove that the lien mortgage or conditional sales contract of the claimant is bona fide and that such right, title, or interest was created without any knowledge of the unlawfulness of the oil or gas or that the oil or gas became unlawful without the knowledge of the claimant after the creation of the interest of the claimant, or that the vehicle or trailer was being used for the purpose charged without the knowledge of the claimant.&nbsp;</span></p> <p><span class="cls0">I. In the event of such proof, the court shall order the unlawful oil or unlawful gas, vehicle or trailer released to the bona fide or innocent owner, lien holder, mortgagee, or vendor if the amount due the person is equal to, or in excess of, the value of the unlawful oil or unlawful gas, vehicle or trailer as of the date of the seizure.&nbsp;</span></p> <p><span class="cls0">J. If the amount due to such person is less than the value of the unlawful oil or unlawful gas, vehicle or trailer or if no bona fide claim is established, the unlawful oil or unlawful gas, vehicle, trailer or bond shall be forfeited to the state and the unlawful oil or unlawful gas, vehicle or trailer shall be sold under judgment of the court, as on sale upon execution.&nbsp;</span></p> <p><span class="cls0">K. The proceeds of the sale of any unlawful oil or unlawful gas, vehicle, trailer or bond shall be distributed as follows, in the order indicated:&nbsp;</span></p> <p><span class="cls0">1. All gross production and petroleum excise taxes due to the Oklahoma Tax Commission;&nbsp;</span></p> <p><span class="cls0">2. To the bona fide innocent purchaser, conditional sales vendor, or mortgagee of the unlawful gas or unlawful oil, vehicle or trailer, if any, up to the amount of the interest of the person in the unlawful gas or unlawful oil, vehicle or trailer, when the court declaring the forfeiture orders a distribution to such person;&nbsp;</span></p> <p><span class="cls0">3. To the payment of the actual expenses of preserving the property;&nbsp;</span></p> <p><span class="cls0">4. The remainder of such proceeds shall be remitted forthwith as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;fifty percent (50%) thereof with the county treasurer to be credited to the general fund of the county and so reported, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;fifty percent (50%) shall be transmitted to the State Treasurer and shall be placed to the credit of the agency bringing the action or on whose behalf the action is brought; and&nbsp;</span></p> <p><span class="cls0">5. The sheriff executing the sale shall issue a bill of sale or certificate to the purchaser of the oil or gas and the Tax Commission, upon the presentation of the certificate of clearance, shall issue a license, if a license is required, permitting the purchaser of the oil or gas to move the same into commerce.&nbsp;</span></p> <p><span class="cls0">L. If the court finds that oil or gas seized is not unlawful, the court shall order the oil or gas released to the owner and shall order any vehicle or trailer used to transport the oil and gas released to the owner as the right, title, or interest of the owner appears on the record of the Oklahoma Tax Commission as of the date of the seizure.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 187, &sect; 8, eff. Nov. 1, 1985. Amended by Laws 2008, c. 364, &sect; 5, eff. Jan. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-152.10. Additional employees for investigation of oil field theft and fraud.&nbsp;</span></p> <p><span class="cls0">The Oklahoma State Bureau of Investigation, subject to the availability of funds, shall be granted an additional two full-time-equivalent employees to be employed for the purpose of conducting oil field theft and fraud investigations except in cases of emergency.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 339, &sect; 1, eff. July 1, 2002. Amended by Laws 2012, c. 153, &sect; 4, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: This section was editorially renumbered from &sect; 150.36 of this title to avoid duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-152.11. Bill of sale or invoice &ndash; Records - Violation.&nbsp;</span></p> <p><span class="cls0">A. Before purchasing or acquiring pipeline equipment, oil field equipment or used materials, a dealer, broker, or peddler shall require that a bill of sale or invoice for the used materials be executed by the seller or the person who acquires the pipeline equipment, oil field equipment or used materials. The dealer, broker, or peddler shall keep a copy of each bill of sale or invoice at the place of business of the dealer, broker or peddler.&nbsp;</span></p> <p><span class="cls0">B. The bill of sale or invoice shall include:&nbsp;</span></p> <p><span class="cls0">1. The name and address of the dealer, broker, or peddler;&nbsp;</span></p> <p><span class="cls0">2. The serial or other identifying number of the pipeline equipment, oil field equipment or used materials, if available;&nbsp;</span></p> <p><span class="cls0">3. The kind, make, size, weight, length, and quantity of the pipeline equipment, oil field equipment or used materials purchased or acquired;&nbsp;</span></p> <p><span class="cls0">4. The date of the purchase or acquisition, if different from the date of the bill of sale or invoice;&nbsp;</span></p> <p><span class="cls0">5. The name and address of the seller; and&nbsp;</span></p> <p><span class="cls0">6. The legal description and well name or physical address of the property at the time purchased or acquired.&nbsp;</span></p> <p><span class="cls0">C. A dealer, broker or peddler shall keep at the place of business of the dealer, broker or peddler all records required to be kept pursuant to this section for two (2) years after the date of the purchase or acquisition of the materials.&nbsp;</span></p> <p><span class="cls0">D. A person, dealer, peddler or broker who violates the provisions of this section shall, upon conviction, be punished by a fine of not less than Five Hundred Dollars ($500.00) for each violation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 364, &sect; 6, eff. Jan. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-152.12. Inspections.&nbsp;</span></p> <p><span class="cls0">A. Any agent of the Oklahoma State Bureau of Investigation, any agent of the Federal Bureau of Investigation, any commissioned officer of the Department of Public Safety, and each sheriff in this state may enter the business premises of a dealer, broker or peddler during normal business hours to inspect the premises and the records of the dealer, broker or peddler to determine whether the dealer, broker or peddler is in compliance with the requirements provided in Section 6 of this act.&nbsp;</span></p> <p><span class="cls0">B. A dealer, broker or peddler must allow and shall not interfere with inspections conducted pursuant to this section.&nbsp;</span></p> <p><span class="cls0">C. Each inspection conducted under this section shall be commenced and completed with reasonable promptness and shall be&nbsp;</span></p> <p><span class="cls0">conducted in a reasonable manner.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 364, &sect; 7, eff. Jan. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-166.1. Creation - Director - Contracts.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the State Department of Rehabilitation Services, to be governed by the Commission for Rehabilitation Services.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Department of Rehabilitation Services shall be the chief executive officer of the Department. The Director shall have the training and experience necessary for the administration of the Department, as determined by the Commission for Rehabilitation Services. The Director may employ such staff as may be necessary to perform the duties of the Department.&nbsp;</span></p> <p><span class="cls0">C. The Department may make and enter into all contracts necessary or incidental to the performance of its duties and may purchase or lease equipment, furniture, materials and supplies, and incur such other expenses as may be necessary to maintain and operate the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 364, &sect; 1, emerg. eff. June 11, 1993. Amended by Laws 2004, c. 543, &sect; 1, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-166.2. Commission for Rehabilitation Services - Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. Effective July 1, 1993, there is hereby created the Commission for Rehabilitation Services, an agency of the State of Oklahoma, a body corporate and politic, with powers of government and with the authority to exercise the rights, privileges and functions as herein specified, with its lawful operations deemed to be an essential governmental function of the State of Oklahoma with all the attributes thereof.&nbsp;</span></p> <p><span class="cls0">B. The Commission shall appoint and remove the Director of the Department of Rehabilitation Services, approve programs, policy and budget, and perform the necessary functions of a governing board for the State Department of Rehabilitation Services.&nbsp;</span></p> <p><span class="cls0">C. l. The Commission shall consist of three (3) members, to be appointed by June 15, 1993, as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one member shall be appointed by the President Pro Tempore of the Oklahoma State Senate for a three-year term,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;one member shall be appointed by the Speaker of the Oklahoma House of Representatives for a three-year term, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one member shall be appointed by the Governor for a three-year term.&nbsp;</span></p> <p><span class="cls0">2. Thereafter, beginning with the expiration of the terms of the three members initially appointed, the Commission shall consist of three (3) members, appointed as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one member shall be appointed by the President Pro Tempore of the Oklahoma State Senate and shall serve a term of one (1) year,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;one member shall be appointed by the Speaker of the Oklahoma House of Representatives and shall serve a term of two (2) years, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one member shall be appointed by the Governor and shall serve a term of three (3) years.&nbsp;</span></p> <p><span class="cls0">3. Thereafter, at the expiration of the term, or termination of the member&rsquo;s service for any reason, the original appointing authority shall appoint a successor for a term of three (3) years, or for the remainder of an unexpired term.&nbsp;</span></p> <p><span class="cls0">D. Members of the Commission shall be knowledgeable of and have concern for rehabilitation issues and disability issues; provided, that such requirement shall not exclude participation of lay persons as Commission members. All members shall be residents of the state and qualified electors at the time of their appointment. Before entering upon the duties of their office, members of the Commission shall take the Constitutional oath of office and the same shall be filed with the Secretary of State. A member of the Commission may be reappointed to succeed himself or herself. Commission members shall be reimbursed for travel expenses incurred in the performance of their duties as provided in the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">E. The original appointing authority may remove any commissioner for misconduct, incompetency or neglect of duty, after giving such commissioner a written statement of charges, and opportunity for a hearing.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 364, &sect; 2, emerg. eff. June 11, 1993. Amended by Laws 2004, c. 543, &sect; 2, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-166.3. Meetings - Secretary - Employees - Office.&nbsp;</span></p> <p><span class="cls0">A. The Commission for Rehabilitation Services shall meet a minimum of ten (10) times per calendar year and shall hold a regular annual meeting at which it shall elect from among its membership a chairperson and a vice-chairperson. Special meetings may be held at such times as may be deemed necessary or advisable by a majority of the Commission members.&nbsp;</span></p> <p><span class="cls0">B. 1. All meetings of the Commission shall be open and public and shall be held in accordance with the provisions of the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes, and the Oklahoma Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">2. A secretary of the Commission shall be appointed by the Commission, and shall hold office at the pleasure of the Commission. The secretary may or may not be a member of the Commission. The Commission may employ such other persons and may rent or purchase such equipment as it deems necessary or desirable to carry out the provisions of this act.&nbsp;</span></p> <p><span class="cls0">3. The Commission may establish an office which shall be acquired pursuant to the provisions of Section 63 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 364, &sect; 3, emerg. eff. June 11, 1993. Amended by Laws 1994, c. 280, &sect; 6, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-166.4. Transfer of Rehabilitation Services Division of Department of Human Services.&nbsp;</span></p> <p><span class="cls0">A. Effective July 1, 1993, the Rehabilitation Services Division of the Department of Human Services is hereby transferred from the Department of Human Services and the Oklahoma Public Welfare Commission to the State Department of Rehabilitation Services, created pursuant to Section 1 of this act.&nbsp;</span></p> <p><span class="cls0">B. The transfer shall include:&nbsp;</span></p> <p><span class="cls0">1. All powers, duties, responsibilities, properties, assets, fund balances, encumbrances, obligations, records, personnel and liabilities including, but not limited to, liability for all Rehabilitation Services Division employees' sick leave, annual leave, holidays, unemployment benefits and workers' compensation benefits accruing to employees prior to July 1, 1993, which are attributable to the Rehabilitation Services Division;&nbsp;</span></p> <p><span class="cls0">2. All programs funded by the federal Rehabilitation Act as amended;&nbsp;</span></p> <p><span class="cls0">3. All related programs and facilities presently operated by the Rehabilitation Services Division of the Department of Human Services as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;vocational and related rehabilitation services,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the Oklahoma Library for the Blind and Physically Handicapped,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the Vending Facility Program,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the Transitional Living Center for the Deaf,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;telecommunications devices for the deaf,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;interpreter services,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;telephone relay service,&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;the Disability Determination Unit,&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;the Oklahoma School for the Blind, and&nbsp;</span></p> <p class="cls2"><span class="cls0">j.&nbsp;&nbsp;the Oklahoma School for the Deaf; and&nbsp;</span></p> <p><span class="cls0">4. All real property as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the Oklahoma City Evaluation Center located at 5813 South Robinson in Oklahoma City, Oklahoma,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the Library for the Blind and Physically Handicapped located at 300 N.E. 18th Street in Oklahoma City, Oklahoma,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the Transitional Living Center located at 5903 N.W. 52nd Street in Warr Acres, Oklahoma,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the Oklahoma School for the Blind located at 3300 Gibson in Muskogee, Oklahoma, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the Oklahoma School for the Deaf located at East 10th and Tahlequah Streets in Sulphur, Oklahoma.&nbsp;</span></p> <p><span class="cls0">C. Any unresolved transfer issues or items shall be resolved contractually by the Commission for Rehabilitation Services and the Commission for Human Services, with the approval of the Governor.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Added by Laws 1993, c. 364, &sect; 4, emerg. eff. June 11, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-166.5. Commission for Rehabilitation Services - Powers and duties - Trust for the School for the Blind and School for the Deaf.&nbsp;</span></p> <p><span class="cls0">A. The Commission for Rehabilitation Services shall have the powers and duties to:&nbsp;</span></p> <p><span class="cls0">1. Adopt bylaws and promulgate rules for the regulation of its affairs and the conduct of its business;&nbsp;</span></p> <p><span class="cls0">2. Formulate policies and adopt rules for the effective administration of the duties of the State Department of Rehabilitation Services;&nbsp;</span></p> <p><span class="cls0">3. Adopt an official seal;&nbsp;</span></p> <p><span class="cls0">4. Establish an office;&nbsp;</span></p> <p><span class="cls0">5. Sue and to be sued, subject to the provisions of The Governmental Tort Claims Act;&nbsp;</span></p> <p><span class="cls0">6. Make and enter into all contracts necessary or incidental to the performance of its duties and the execution of its powers;&nbsp;</span></p> <p><span class="cls0">7. Purchase or lease equipment, furniture, materials and supplies, and incur such other expenses as may be necessary to maintain and operate the Commission and the State Department of Rehabilitation Services, or to discharge its duties and responsibilities or to make any of its powers effective;&nbsp;</span></p> <p><span class="cls0">8. Acquire by purchase, lease, gift, solicitation of gift or by any other manner, and to maintain, use and operate or to contract for the maintenance, use and operation of or lease of any and all property of any kind, real, personal or mixed or any interest therein unless otherwise provided by this act; provided that, all contracts for real property shall be subject to the provisions of Section 63 of this title;&nbsp;</span></p> <p><span class="cls0">9. Appoint such officers, agents and employees as it deems necessary to operate and maintain the Commission and to prescribe their duties and to fix their compensation;&nbsp;</span></p> <p><span class="cls0">10. Perform such other acts as shall be necessary for the accomplishment of the purposes of Chapter 5A of this title; and&nbsp;</span></p> <p><span class="cls0">11. Serve as trustee for the trust created in subsection B of this section for the benefit of the Oklahoma School for the Blind and the Oklahoma School for the Deaf.&nbsp;</span></p> <p><span class="cls0">B. 1. The Commission for Rehabilitation Services is hereby authorized and directed to create a trust into which all real property held by the Commission for the benefit of the Oklahoma School for the Blind and the Oklahoma School for the Deaf shall be transferred.&nbsp;</span></p> <p><span class="cls0">2. The property placed in trust:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;shall be held for the sole benefit of the Oklahoma School for the Blind and the Oklahoma School for the Deaf,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;if not needed for use by the schools, may be leased or rented to others and all income received from such leases or rentals shall be payable to the Commission and deposited in the Rehabilitation Services Disbursing Fund for use by the Commission to fulfill the purposes of the Oklahoma School for the Blind and the Oklahoma School for the Deaf, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;may be sold if the commissioners, acting as trustees, determine that the sale is in the best interest of the Oklahoma School for the Blind or the Oklahoma School for the Deaf. The proceeds from the sale of the property shall be held in the trust corpus and shall be invested by the State Treasurer. Income derived from the corpus shall be used by the Commission for the purposes of the Oklahoma School for the Blind and the Oklahoma School for the Deaf.&nbsp;</span></p> <p><span class="cls0">3. The corpus of the trust may be disbursed only upon legislative approval.&nbsp;</span></p> <p><span class="cls0">4. The trust may be dissolved only upon legislative approval.&nbsp;</span></p> <p><span class="cls0">C. Upon the creation of the trust authorized in subsection B of this section, the Office of Management and Enterprise Services shall provide all necessary assistance to the Department of Rehabilitation Services to identify and transfer all real property held by or for the benefit of the Oklahoma School for the Blind and the Oklahoma School for the Deaf to the trust.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 364, &sect; 5, emerg. eff. June 11, 1993. Amended by Laws 2001, c. 95, &sect; 1, eff. Nov. 1, 2001; Laws 2001, c. 329, &sect; 10, emerg. eff. June 1, 2001; Laws 2004, c. 543, &sect; 3, eff. July 1, 2004; Laws 2012, c. 304, &sect; 838.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-166.6. Repealed by Laws 1998, c. 418, &sect; 76, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;74-166.7. Rehabilitation Services Disbursing Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Commission on Rehabilitation Services, to be designated the "Rehabilitation Services Disbursing Fund" provided that the fund may be designated by fiscal year designations as the Commission may determine. The fund shall be a continuing fund, not subject to fiscal year limitations. The fund shall consist of receipts from the federal government, monies appropriated to the Department of Rehabilitation Services by the State Legislature, and other receipts of the Department of Rehabilitation Services as shall be directed by the Commission for Rehabilitation Services. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Commission for Rehabilitation Services as may be necessary in order to carry out the duties imposed upon the said Commission by law. Expenditures from the Rehabilitation Services Disbursing Fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 239, &sect; 9, eff. Sept. 1, 1996. Amended by Laws 2012, c. 304, &sect; 839.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 166.7 of Title 75 to provide consistency in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-166.8. Employee performance recognition program - Direct service delivery staff incentive program.&nbsp;</span></p> <p><span class="cls0">A. The Commission for Rehabilitation Services is hereby authorized to:&nbsp;</span></p> <p><span class="cls0">1. Establish an employee performance recognition program that recognizes outstanding job performance and productivity within the State Department of Rehabilitation Services; and&nbsp;</span></p> <p><span class="cls0">2. Expend monies available from the Department&rsquo;s operating funds to purchase recognition awards for presentation to employees with exceptional job performance records, or who make other significant contributions to the operation of the Department.&nbsp;</span></p> <p><span class="cls0">Awards to recognize employee achievement pursuant to this subsection may consist of wearing apparel, service pins, plaques, writing pens, or other items valued at not more than One Hundred Dollars ($100.00) per award.&nbsp;</span></p> <p><span class="cls0">B. Notwithstanding any other provisions of law, the Commission for Rehabilitation Services is authorized to use receipt of funds from the Social Security reimbursement program for a direct service delivery staff incentive program. Incentives may be awarded if case service costs are reimbursed for job placement of Social Security or Supplemental Security Income recipients at the Substantial Gainful Activity (SGA) level for nine (9) months pursuant to 42 U.S.C., Section 422, and under those conditions and criteria as are established by the federal reimbursement program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 103, &sect; 1, eff. Nov. 1, 2001. Amended by Laws 2007, c. 145, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-166.9. Donations of tax refunds to School for the Blind/School for the Deaf &ndash; Revolving fund.&nbsp;</span></p> <p><span class="cls0">A. Each state individual income tax return form and each corporate income tax return form for tax years commencing after December 31, 2001, shall contain a designation for donations of tax refunds to the Oklahoma School for the Blind/Oklahoma School for the Deaf.&nbsp;</span></p> <p><span class="cls0">B. The monies generated pursuant to subsection A of this section shall be paid to the State Treasurer by the Oklahoma Tax Commission and placed to the credit of the Oklahoma School for the Deaf/Oklahoma School for the Blind Revolving Fund.&nbsp;</span></p> <p><span class="cls0">C. There is hereby created in the State Treasury a revolving fund for the State Department of Rehabilitation Services to be designated the "Oklahoma School for the Deaf/Oklahoma School for the Blind Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies apportioned to the fund pursuant to the provisions of this section. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Rehabilitation Services for the purpose of funding programs at the Oklahoma School for the Deaf and the Oklahoma School for the Blind. Such monies shall be equally divided between the two designated schools. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">D. If a taxpayer makes a donation pursuant to subsection A of this section in error, such taxpayer may file a claim for refund at any time within three (3) years from the due date of the tax return pursuant to Section 2373 of Title 68 of the Oklahoma Statutes. Prior to the apportionment set forth in this section, an amount equal to the total amount of refunds made pursuant to this subsection during any one (1) year shall be deducted from the total donations received pursuant to this section during the following year and such amount deducted shall be paid to the State Treasurer and placed to the credit of the Income Tax Withholding Refund Account.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 329, &sect; 11, emerg. eff. June 1, 2001. Amended by Laws 2012, c. 304, &sect; 840.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 166.8 of this title to avoid duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-166.10. Short title - Purpose.&nbsp;</span></p> <p><span class="cls0">A. Sections 1 through 3 of this act shall be known and may be cited as the "Oklahoma Ticket to Work and Work Incentives Improvement Act", as authorized by Section 1305 et seq., 42 U.S.C., the federal Ticket to Work and Work Incentives Improvement Act of 1999, Public Law 106-170.&nbsp;</span></p> <p><span class="cls0">B. The purposes of the Oklahoma Ticket to Work and Work Incentives Improvement Act are to:&nbsp;</span></p> <p><span class="cls0">1. Provide employment and training preparation, placement services and health care coverage to working individuals with disabilities by enabling them to reduce their dependency on Social Security Disability Insurance or Supplemental Security Income cash benefit programs;&nbsp;</span></p> <p><span class="cls0">2. Provide individuals with disabilities who receive Supplemental Security Income cash benefits the ability to purchase Medicaid coverage enabling them to maintain health care coverage while working; and&nbsp;</span></p> <p><span class="cls0">3. Ensure that programs and services provided to persons with disabilities produce productive outcomes.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Legislature recognizes the following findings:&nbsp;</span></p> <p><span class="cls0">1. It is important to support programs that provide training and employment services to individuals with disabilities in order to help them lead productive work lives;&nbsp;</span></p> <p><span class="cls0">2. Health care coverage is important to all individuals and is particularly important to individuals with disabilities who often cannot afford the insurance available to them through the private market;&nbsp;</span></p> <p><span class="cls0">3. Many individuals with disabilities fear losing health care coverage, including necessary support services, which ultimately hinders the individuals from maximizing their employment, earning potential, and independence;&nbsp;</span></p> <p><span class="cls0">4. Many Social Security Disability Insurance and Supplemental Security Income beneficiaries risk losing Medicare or Medicaid coverage that is linked to their existing cash benefits, a risk that is an equal, or greater, work disincentive than the loss of cash benefits associated with obtaining work;&nbsp;</span></p> <p><span class="cls0">5. Many individuals with disabilities have greater opportunities for employment than ever before, aided by important public policy initiatives such as the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), advancements in public understanding of disability, and innovations in assistive technology, medical treatment, and rehabilitation; and&nbsp;</span></p> <p><span class="cls0">6. Creating financial incentive work programs, providing better choices in obtaining training and placement services, maintaining health care coverage while working, and redesigning existing service-related programs may eliminate barriers to work for persons with disabilities and may greatly improve their short- and long-term financial and personal well-being.&nbsp;</span></p> <p><span class="cls0">D. As used in the Oklahoma Ticket to Work and Work Incentives Improvement Act, "Medicaid" means the medical assistance program established in Title XIX of the Social Security Act, 42 U.S.C.A., Section 1396 et seq., and administered in this state by the Oklahoma Health Care Authority.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 365, &sect; 1, emerg. eff. June 4, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 166.8 of this title to avoid duplication in numbering.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-166.11. Ticket to Work and Self-Sufficiency Program.&nbsp;</span></p> <p><span class="cls0">A. The State Department of Rehabilitation Services, pursuant to rules promulgated by the Commission for Rehabilitation Services, shall establish a "Ticket to Work and Self-Sufficiency Program". The purpose of the Ticket to Work and Self-Sufficiency Program is to enhance the range of choices and options available to Social Security Disability Insurance and Supplemental Security Income disability beneficiaries who are seeking vocational rehabilitation services to obtain and maintain employment opportunities.&nbsp;</span></p> <p><span class="cls0">B. Components of the Ticket to Work and Self-Sufficiency Program pursuant to federal Ticket to Work and Work Incentives Improvement Act of 1999 shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Program participation guidelines, eligibility requirements, and program performance standards;&nbsp;</span></p> <p><span class="cls0">2. Requirements for periodic quality assurance reviews and customer service satisfaction surveys; and&nbsp;</span></p> <p><span class="cls0">3. Requirements for a dispute resolution process.&nbsp;</span></p> <p><span class="cls0">C. The Commission for Rehabilitation Services shall promulgate any rules necessary to implement provisions of the Oklahoma Ticket to Work and Work Incentives Improvement Act regarding the Ticket to Work and Self-Sufficiency Program.&nbsp;</span></p> <p><span class="cls0">D. On or before January 15, 2002, the Department of Rehabilitation Services shall prepare a summary report of the Ticket to Work and Self-Sufficiency Program's findings and results to be submitted to the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Governor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 365, &sect; 2, emerg. eff. June 4, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 166.9 of this title to avoid duplication in numbering.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-166.12. State Department of Rehabilitation Services - Request for national criminal background check.&nbsp;</span></p> <p><span class="cls0">The State Department of Rehabilitation Services is hereby authorized to request from the Oklahoma State Bureau of Investigation national criminal background checks as provided for in Section 150.9 of Title 74 of the Oklahoma Statutes on all persons seeking employment with the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 76, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-168. Library for the Blind and Physically Handicapped - Transfer of land - Indebtedness and bonds.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services is hereby authorized to transfer to the Oklahoma Capitol Improvement Authority, for the purpose of erecting, operating and maintaining a building for the Library for the Blind and Physically Handicapped, the land described as a part of the Northwest Quarter of Section 27, Township 12 North, Range 3 West of the Indian Meridian, Oklahoma County, Oklahoma, more particularly described as follows: Beginning at the Southeast corner of the said NW 1/4 of the said Section 27; thence S 89 degrees 59' 33" W, a distance of 152.77 feet to a point; thence S 89 degrees 59' 29" W, a distance of 479.34 feet to a point; thence N 0 degrees 46' 09" E, a distance of 341.21 feet to the point and place of beginning; thence S 89 degrees 59' 29" W, a distance of 121.90 feet to a point; thence N 0 degrees 03' 26" W, a distance of 138.82 feet to a point; thence S 89 degrees 59' 29" W, a distance of 290.00 feet to a point; thence W 0 degrees 07' 52" W, a distance of 334.28 feet to a point; thence N 89 degrees 59' 29" E, a distance of 320.00 feet to a point; thence N 89 degrees 58' 51" E, a distance of 99.15 feet to a point; thence S 0 degrees 46' 09" W, a distance of 473.17 feet to the point and place of beginning, retaining an easement for vehicular access over and across a forty-foot-wide strip of land, said strip being the Westerly forty (40) feet of the above described property, containing three and fifty-nine one-hundredths (3.59) acres.&nbsp;</span></p> <p><span class="cls0">B. For the purpose of paying the costs of the project authorized in subsection A of this section, the Oklahoma Capitol Improvement Authority is hereby authorized to borrow money on the credit of rental payments made by the Department of Human Services and, in anticipation of the collection of such rental payments, to issue negotiable bonds not to exceed the sum of Two Million Five Hundred Thousand Dollars ($2,500,000.00) as may be necessary for such purpose as determined by the Authority. The Authority may retain such legal counsel as it deems necessary for this purpose subject to all requirements of the Public Competitive Bidding Act of 1974.&nbsp;</span></p> <p><span class="cls0">In order to prevent any defaults or threatened defaults in the payment of said bonds, the Authority is hereby authorized to require the State Department of Rehabilitation Services to be housed in said building and to pay rent for the use and occupancy of said building. Rents paid by the State Department of Rehabilitation Services shall be placed in the Oklahoma Capitol Improvement Authority Fund for the purpose of maintenance of the building, retiring said bonds, and related expenses. When all bonds issued for the construction of this building have been paid in full, the building shall become the property of the State Department of Rehabilitation Services and shall thereafter be under the full and exclusive supervision of the State Department of Rehabilitation Services.&nbsp;</span></p> <p><span class="cls0">C. The State Treasurer is hereby authorized to purchase said negotiable bonds.&nbsp;</span></p> <p><span class="cls0">D. The interest rate on the bonds issued pursuant to this section shall not exceed ten percent (10%) per annum.&nbsp;</span></p> <p><span class="cls0">E. Insofar as they are not in conflict with the provisions of this section, the provisions of Section 151 et seq. of Title 73 of the Oklahoma Statutes shall apply to this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, p. 1726, S.J.R. No. 5, &sect; 1. Amended by Laws 1987, c. 236, &sect; 141, emerg. eff. July 20, 1987; Laws 1993, c. 364, &sect; 22, emerg. eff. June 11, 1993; Laws 2012, c. 304, &sect; 841.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74168.1. Travis Leon Harris Building Designation.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Library for the Blind and Physically Handicapped Building shall be named the "Travis Leon Harris Building".&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74168.2. Travis Leon Harris Building Marker.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Capitol Improvement Authority shall cause a suitable marker to be placed on the Oklahoma Library for the Blind and Physically Handicapped Building designating it as the "Travis Leon Harris Building".&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-169.1. Repealed by Laws 2000, c. 251, &sect; 4, eff. July 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;74-169.2. Repealed by Laws 2003, c. 8, &sect; 8, eff. July 1, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;74-169.2a. Repealed by Laws 2003, c. 8, &sect; 8, eff. July 1, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;74-169.2b. Repealed by Laws 2003, c. 8, &sect; 8, eff. July 1, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;74174. Investigation of state eleemosynary institutions.&nbsp;</span></p> <p><span class="cls0">Section 174. At the request of the Governor, or with his sanction, the State Department of Public Welfare shall investigate any state eleemosynary institution against which complaint is made, and the Department of Public Welfare shall have the power to summon any person to appear and produce such books and papers as shall be designated in the summons and to take testimony under oath concerning the matter and institution under investigation. The Department shall have the power to administer oaths to such persons as may be summoned and to enforce such powers as are given to notaries public when they are taking depositions. Evidence of persons restrained in prisons or any other places of detention, if deemed necessary or requested by the witness, shall be taken out of the hearing of persons in authority about such institutions and be preserved and kept secret, and be used only by the Department so far as may be by him deemed necessary to correct or remedy any wrong that is or may be disclosed.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8904; Laws 1978, c. 244, &sect; 30, eff. July 1, 1978. &nbsp;</span></p> <p><span class="cls0">&sect;74175. Report to Governor of investigation.&nbsp;</span></p> <p><span class="cls0">Section 175. When a special investigation of any institution is made at the request of the Governor, it shall be the duty of the Department of Public Welfare to make a report in writing to the Governor within a reasonable time after its termination.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8095; Laws 1978, c. 244, &sect; 31, eff. July 1, 1978. &nbsp;</span></p> <p><span class="cls0">&sect;74177. Investigation of complaints against hospitals and homes.&nbsp;</span></p> <p><span class="cls0">Section 177. It shall be the duty of the State Department of Public Welfare to investigate all complaints made in the form of a sworn affidavit against such institutions as are named in the preceding section, and all orphanages of whatever name or character, which are conducted by individuals for their own personal gain or profit, or which either charge for their services or subsist wholly or in part by money collected by subscription from the public as a charity. In event the complaints are found to be true, the Department shall have the power to order such institutions closed, and upon failure or refusal of the proprietors or operators of such institutions to obey the order shall file a complaint in a court of competent jurisdiction and ask that they be legally restrained from operating said institutions, and if guilty of malpractice, mistreatment or any illegal act, that they be punished according to law.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8097; Laws 1978, c. 244, &sect; 32, eff. July 1, 1978. &nbsp;</span></p> <p><span class="cls0">&sect;74180. Authority to obtain evidence Administration of oaths.&nbsp;</span></p> <p><span class="cls0">Section 180. When conducting investigations of complaints as provided in this article, the Department of Public Welfare shall have the power to summon any person to appear and produce such books and papers as shall be designated in the summons, and to give testimony under oath concerning the matter and institution under investigation. The Department shall have the power to administer oaths to such persons as may be summoned and to enforce all such powers as are given to notaries public when they are taking depositions.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8100; Laws 1978, c. 244, &sect; 35, eff. July 1, 1978. &nbsp;</span></p> <p><span class="cls0">&sect;74188. Inspection of domiciliary facilities.&nbsp;</span></p> <p><span class="cls0">(a) It shall be the duty of the State Commissioner of Health to visit and inspect, and examine into the conditions and management of, each domiciliary facility receiving payment from the Department of Public Welfare for services on behalf of a person or persons living in the facility, or receiving payment for services from any such person who is a recipient of public assistance and whose Schedule of Maximum Money Payments for Assistance Plans in Accordance With Living Arrangements, as approved by the Oklahoma Public Welfare Commission, includes an item for maintenance or nursing care; and to make report of his findings to the Director of Public Welfare, and any other state agency that might have an official interest in the findings. For the purposes of this section, a domiciliary facility shall mean any home, establishment, institution, or other facility providing living accommodations, or special living arrangements, or nursing or medical care, for three or more persons living therein.&nbsp;</span></p> <p><span class="cls0">(b) Whenever the Director of Public Welfare requests him to do so, the State Commissioner of Health shall cause a special inspection to be made to ascertain whether patients or residents of any such domiciliary facility are receiving proper care or treatment, or whether the facility is being operated in accordance with applicable law, and rules and regulations of the Oklahoma Public Welfare Commission; and, whenever the Director of Public Welfare requests him to do so, the State Commissioner of Health shall cause a special investigation to be made to determine whether a patient or resident of any such domiciliary facility has been abused or mistreated, or has not received proper care. After making any such special inspection or investigation, the State Commissioner of Health shall make a written report of his findings to the Director of Public Welfare.&nbsp;</span></p> <p><span class="cls0">(c) If, as a result of any inspection, investigation or examination, the State Commissioner of Health determines that a criminal law has been or might have been violated, he shall inform the district attorney of his findings, for appropriate action.&nbsp;</span></p> <p><span class="cls0">(d) The duties and responsibilities vested in the State Commissioner of Health by this section shall be in addition to those vested in the State Commissioner of Health by other laws.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 357, &sect; 1, emerg. eff. May 18, 1967; Laws 1971, c. 337, &sect; 7, operative July 1, 1971. &nbsp;</span></p> <p><span class="cls0">&sect;74-190. Transfer of employees to State Commissioner of Health - Status.&nbsp;</span></p> <p><span class="cls0">All persons serving as employees of the Commissioner of Charities and Corrections under the provisions of Section 2, Chapter 357, O.S.L. 1967, as amended by Section 1, Chapter 409, O.S.L. 1968 (74 O.S. Supp. 1970, Section 189), when Sections 7 and 8 of this act become effective shall be in the classified service under the State Merit System of Personnel Administration and be entitled to continue to serve as employees of the State Commissioner of Health under Section 8 of this act, provided that such employees shall not receive less salaries and benefits than they were receiving on the effective date of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 337, &sect; 9, operative July 1, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-191. Transfer of employees from other state agencies - Status.&nbsp;</span></p> <p><span class="cls0">If any employee of the State Department of Health who heretofore or hereafter has been transferred from another state agency, or terminated his employment by such other state agency to be immediately reemployed by the State Department of Health, he shall retain the same status, rights and privileges and retention points that shall have accrued to him while employed by the other state agency in the classified service under the Merit System for Personnel Administration.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 337, &sect; 10, operative July 1, 1971.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-192. Inspection of city and county jails - Standards.&nbsp;</span></p> <p><span class="cls0">A. The State Department of Health shall inspect at least once each year all city and county jails to ensure compliance with the standards promulgated pursuant to the provisions of this section. The standards shall provide provision for:&nbsp;</span></p> <p><span class="cls0">1. Uniform admission and release procedures;&nbsp;</span></p> <p><span class="cls0">2. Uniform, safe, and sensible security measures;&nbsp;</span></p> <p><span class="cls0">3. Proper, fit, and sanitary conditions;&nbsp;</span></p> <p><span class="cls0">4. Inmates to be fed a wholesome and adequate diet;&nbsp;</span></p> <p><span class="cls0">5. Inmates to have adequate clothing and a living area of no less than forty (40) square feet of floor space per inmate plus twenty (20) square feet of floor space in such living area per each additional inmate in existing facilities, and no less than sixty (60) square feet of floor space per cell for two prisoners in facilities constructed after November 1, 1985. Nothing in this section shall be construed to prohibit double-celling of prisoners, provided there exists no less than forty (40) square feet per initial inmate plus twenty (20) square feet for each additional prisoner. In every barracks-style housing area the square footage shall meet the minimum requirements provided in this section. Such facility shall have showers with hot and cold running water, toilets, and water basins provided in the ratio of not less than one to every twenty prisoners. Counties may build barracks-style jails, single or double cell, to meet the security needs of the county for minimum security prisoners. These jails shall meet all the minimum requirements set forth in this section or any other provision of law. Except as otherwise provided in this section, all facilities under this section shall have showers with hot and cold running water, toilets and water basins provided in the ratio of not less than one to every twenty prisoners. Counties may also build tent jails, which shall be temporary in nature, to meet the security needs of the county for minimum security prisoners. The temporary tent jails shall not be required to meet the minimum requirements set forth in this section or any other provision of law. The State Board of Health shall promulgate minimum standards for temporary tent jails, which standards shall be designed to specifically address and take into consideration the temporary status of the inmate housing needs of the county;&nbsp;</span></p> <p><span class="cls0">6. Inmates to be properly advised of rules of the facility in which they are detained;&nbsp;</span></p> <p><span class="cls0">7. Staff members to receive training in order to assist them in performing their assigned tasks, such training to be provided by the Jail Inspection Division of the State Department of Health. All employees who work in direct contact with inmates after the first year of employment shall receive, at a minimum, four (4) hours' review of material as required by the Jail Inspection Division and at a maximum, eight (8) hours of jailer training per year after the first year of employment;&nbsp;</span></p> <p><span class="cls0">8. Proper steps to be taken to ensure the safety and segregation of women, the infirm, and minors;&nbsp;</span></p> <p><span class="cls0">9. Adequate medical care, provided such medical care shall be limited to illnesses or injuries incurred during the time beginning with the arrest and throughout the time of incarceration. This shall not prevent an inmate from applying for assistance and receiving assistance, provided the inmate meets or exceeds established requirements;&nbsp;</span></p> <p><span class="cls0">10. No person to be confined without twenty-four-hour supervision; and&nbsp;</span></p> <p><span class="cls0">11. At least one designated exit in the facility that will permit prompt evacuation of inmates and staff in an emergency. A facility in existence on November 1, 1985, shall not be required to construct additional exits if it has one exit which is deemed adequate by the State Fire Marshal.&nbsp;</span></p> <p><span class="cls0">In the event such inspection shall reveal to the State Department of Health the commission of a crime or crimes incidental to the operations of a city or county jail facility, it shall be the duty of the Department to initiate a complaint with the appropriate district attorney, and to cooperate in the prosecution of the alleged offender in the event an information is filed pursuant to such complaint.&nbsp;</span></p> <p><span class="cls0">B. Any county, city, or town may operate a holding facility for the incarceration of persons under arrest who are to be charged with a crime, which holding facility shall not be required to meet the standards established in this section for jails, as long as no person is held therein for a period longer than twelve (12) hours and as long as an employee of the county, city, or town is available to render aid to or to release any person so confined in the event aid or release is required because of a health or life-endangering emergency.&nbsp;</span></p> <p><span class="cls0">C. Notwithstanding any other provision of law or rule, any county or municipality that operates a jail facility which houses forty or fewer prisoners at all times which:&nbsp;</span></p> <p><span class="cls0">1. Provides twenty-four-hour supervision of prisoner activity that is conducted either by direct observation or electronically by closed-circuit television; and&nbsp;</span></p> <p><span class="cls0">2. Provides an intercommunication system that terminates in a location that is staffed twenty-four (24) hours a day and is capable of providing an emergency response,&nbsp;</span></p> <p><span class="cls0">shall not be required to have more than one jailer or dispatcher on-site to provide for the security, custody, and supervision of prisoners.&nbsp;</span></p> <p><span class="cls0">D. Any county or municipality that operates a jail facility which houses more than forty and less than seventy-five prisoners at all times which:&nbsp;</span></p> <p><span class="cls0">1. Provides twenty-four-hour supervision of prisoner activity that is conducted either by direct observation or electronically by closed-circuit television; and&nbsp;</span></p> <p><span class="cls0">2. Provides an intercommunication system that terminates in a location that is staffed twenty-four (24) hours a day and is capable of providing an emergency response,&nbsp;</span></p> <p><span class="cls0">shall be required to have more than one jailer or one jailer and at least one other basic CLEET-certified person on the same premises as the jail facility to provide for the security, custody, and supervision of prisoners.&nbsp;</span></p> <p><span class="cls0">Within ninety (90) days after June 9, 1994, the State Board of Health shall promulgate new rules governing square footage requirements, double-celling of prisoners and the ratio of showers, toilets, and water basins to prisoners. The rules so promulgated shall be governed by the guidelines enumerated in this section, and shall be designed to carry out the intent and purpose of the guidelines. Each city or county jail facility in this state shall be in compliance with the rules so promulgated on or before January 1, 1995.&nbsp;</span></p> <p><span class="cls0">E. The State Department of Health shall employ inspectors and other personnel as necessary and specifically authorized by the Legislature in order to carry out the provisions of this section and may rent or purchase premises or equipment in order to assist inspectors in the performance of their functions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1977, c. 137, &sect; 1, eff. Oct. 1, 1977. Amended by Laws 1978, c. 244, &sect; 38, eff. July 1, 1978; Laws 1983, c. 116, &sect; 1, operative July 1, 1983; Laws 1985, c. 62, &sect; 1, eff. Nov. 1, 1985; Laws 1986, c. 77, &sect; 1, emerg. eff. April 2, 1986; Laws 1994, c. 367, &sect; 8, emerg. eff. June 9, 1994; Laws 1995, c. 1, &sect; 32, emerg. eff. March 2, 1995; Laws 2004, c. 154, &sect; 1, eff. Nov. 1, 2004; Laws 2005, c. 180, &sect; 1, eff. July 1, 2005; Laws 2007, c. 51, &sect; 2, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1994, c. 368, &sect; 2 repealed by Laws 1995, c. 1, &sect; 40, emerg. eff. March 2, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74193. Right of entry Report of inspection.&nbsp;</span></p> <p><span class="cls0">Section 193. A. Inspectors employed by the State Department of Health shall be permitted to enter all jail premises and administrative offices for the purpose of performing their assigned duties.&nbsp;</span></p> <p><span class="cls0">B. The results of these inspections shall be presented in the form of a written report to the Commissioner of Health and to the person immediately responsible for the administration of the facility inspected. The report shall contain:&nbsp;</span></p> <p><span class="cls0">1. A list of deficiencies in the condition or operation of the facility and specific proposals for their solution; and&nbsp;</span></p> <p><span class="cls0">2. A statement as to whether or not the facility inspected is in substantial compliance with the jail standards established pursuant to Section 192 of this title.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1977, c. 137, &sect; 2, eff. Oct. 1, 1977; Laws 1978, c. 244, &sect; 39, eff. July 1, 1978. &nbsp;</span></p> <p><span class="cls0">&sect;74194. Deficient facility Closing.&nbsp;</span></p> <p><span class="cls0">If the deficiencies listed in the report have not been corrected, within sixty (60) days after delivery of the report, the Commissioner of Health shall be authorized to file a complaint with the Attorney General or the district attorney to close the deficient facility. Provided, that upon demonstration of a good faith effort by the governmental entity involved to correct said deficiencies and achieve compliance with the established standards, the Commissioner of Health shall extend the time for compliance a reasonable period before filing the complaint requesting the closing of the facility. An action to close such facility shall be brought in the district court having jurisdiction in the county in which the facility is located. Upon the issuance of an order by the district court to close the facility, the facility shall be closed and prisoners shall be removed to a suitable facility at the expense of the governmental entity responsible for the facility ordered closed. Provided, that upon demonstration of a good faith effort by the governmental entity involved to correct said deficiencies and achieve compliance with the established standards, the district court shall extend the time for compliance a reasonable period before ordering the facility closed.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1985, c. 62, &sect; 2, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;74195. Contracts for incarceration of prisoners.&nbsp;</span></p> <p><span class="cls0">Any county, city or town is hereby authorized to contract, in accordance with the Interlocal Cooperation Act, with any other county, city or town for incarceration of prisoners awaiting trial or serving a sentence, so long as the jail facility where said prisoners are to be held is in compliance with the standards established by this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1977, c. 137, &sect; 4, eff. Oct. 1, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;74197. Administrative Procedures Act Application.&nbsp;</span></p> <p><span class="cls0">All rules and regulations promulgated pursuant to the powers contained in this act shall be subject to the Administrative Procedures Act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1977, c. 137, &sect; 8, eff. Oct. 1, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;74-212. Duties and powers - Deputies - Audit of books of subdivisions of state - Cost of examination.&nbsp;</span></p> <p><span class="cls0">A. STATE TREASURER AND OKLAHOMA TAX COMMISSION&nbsp;</span></p> <p><span class="cls0">1. The State Treasurer and the Oklahoma Tax Commission shall prepare annual financial statements in accordance with the reporting requirements set forth by the Governmental Accounting Standards Board (GASB). The State Treasurer and the Tax Commission shall prescribe and implement sound internal control, accounting and recordkeeping practices consistent with and to facilitate compliance with all reporting requirements as set forth by law.&nbsp;</span></p> <p><span class="cls0">2. The annual financial statements of the State Treasurer and the Tax Commission shall be delivered by the State Treasurer and the Tax Commission to the State Auditor and Inspector within ninety (90) calendar days after the close of the state fiscal year.&nbsp;</span></p> <p><span class="cls0">3. The State Auditor and Inspector shall perform an audit of the annual financial statements of the State Treasurer and the Tax Commission for each state fiscal year. Such audits shall be conducted in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, latest revised edition, issued by the Comptroller General of the United States. The State Auditor and Inspector shall complete the audits not later than ninety (90) calendar days after the financial statements are delivered to the State Auditor and Inspector. The annual audit reports and related financial statements shall be delivered by the State Auditor and Inspector to the Governor, President Pro Tempore of the Senate, and Speaker of the House of Representatives. The annual audit report and related financial statements of the State Treasurer shall also be delivered to the Attorney General and the members of the Cash Management and Investment Oversight Commission created by Section 71.1 of Title 62 of the Oklahoma Statutes. The annual audit report and related financial statements of the Tax Commission shall also be delivered to the Director of the Office of Management and Enterprise Services and the Legislative Service Bureau. The State Auditor and Inspector shall conduct unannounced cash audits of the State Treasury at least once each quarter.&nbsp;</span></p> <p><span class="cls0">4. The audit of the Tax Commission shall be continuous in nature. The Tax Commission shall furnish the necessary office space for the employees of the State Auditor and Inspector making the audit and, to the extent of the amount included in the Tax Commission's appropriation therefor, the Tax Commission shall pay the expenses of the audits, including personal services, equipment and supplies, from the appropriation.&nbsp;</span></p> <p><span class="cls0">B. STATE AGENCIES&nbsp;</span></p> <p><span class="cls0">1. Except as otherwise provided by law, the State Auditor and Inspector shall audit at least once every two (2) fiscal years the books and accounts of all state agencies whose duty it is to collect, disburse or manage funds of the state. The State Auditor and Inspector shall audit a state agency each fiscal year if that state agency is required to be audited on an annual basis pursuant to the federal Single Audit Act of 1984, as amended, 31 U.S.C., Section 7501 et seq. If the state agency is audited only once every two (2) fiscal years, the audit shall cover both fiscal years.&nbsp;</span></p> <p><span class="cls0">2. Except as otherwise provided by law, the scope of audits performed by the State Auditor and Inspector shall include all funds collected, disbursed, or managed by a state agency including, but not limited to, all special, revolving, depository, canteen, or other nonstate funds.&nbsp;</span></p> <p><span class="cls0">3. As used in this section, "state agency" means every agency, board, or commission included in the primary government of the State of Oklahoma. For purposes of this paragraph, the primary government of the State of Oklahoma includes all agencies, boards, and commissions included in the primary government in the State of Oklahoma Comprehensive Annual Financial Report. The agencies, boards, and commissions included in the primary government of the State of Oklahoma shall be determined using criteria set by the Governmental Accounting Standards Board.&nbsp;</span></p> <p><span class="cls0">4. As used in this subsection, "audit" means any of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;"financial audit", which means an audit of financial statements in order to express an opinion on the fairness with which they are presented in conformity with generally accepted accounting principles or any other comprehensive basis of accounting, as defined by the American Institute of Certified Public Accountants' Professional Standards, latest revised edition. Financial audits must be conducted in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, latest revised edition, issued by the Comptroller General of the United States,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;"operational audit", which means an audit conducted in accordance with applicable Government Auditing Standards, the purpose of which is to evaluate management's performance in administering assigned responsibilities in accordance with applicable laws, administrative rules, and other policies and guidelines and to determine the extent to which the internal control, as designed and placed in operation, promotes and encourages the achievement of management's control objectives in the categories of compliance, reliability of financial records and reports, and safeguarding of assets,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;"performance audit", which means an audit of a program, activity, or function of a state agency conducted in accordance with applicable Government Auditing Standards. The term includes, but is not limited to, an audit to assess program, activity, or function effectiveness, economy and efficiency, internal control, or compliance,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;"special or investigative audit", which means an audit with respect to a particular situation which may be, but is not required to be, conducted in accordance with applicable Government Auditing Standards, and &nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;any other type of engagement conducted in accordance with Government Auditing Standards.&nbsp;</span></p> <p><span class="cls0">C. GUBERNATORIAL REQUEST&nbsp;</span></p> <p><span class="cls0">Whenever called upon to do so by the Governor, it shall be the duty of the State Auditor and Inspector to examine the books and accounts of any officer of the state or any of the officer's predecessors. The cost of the audit shall be borne by the entity to be audited.&nbsp;</span></p> <p><span class="cls0">D. COUNTY TREASURER&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall examine without notice all books and accounts of each county treasurer of the state twice each year.&nbsp;</span></p> <p><span class="cls0">E. DISTRICT ATTORNEYS&nbsp;</span></p> <p><span class="cls0">1. The State Auditor and Inspector shall annually audit the books and accounts of the several offices of the district attorneys of this state. The audits shall be reported in separate reports for each entity. The audit may include, but shall not be limited to, the audit of the financial records, performance measures, and compliance with state or federal statutes and rules, and compliance with any regulations of state or federal programs. The expense of the audits shall be paid by the entity audited.&nbsp;</span></p> <p><span class="cls0">2. The State Auditor and Inspector shall examine and file a report of the accounts established within the office of each district attorney for bogus check programs, drug task force programs, child support collection programs, and any other programs receiving any nonstate funds. The reports shall be filed with the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Executive Coordinator of the District Attorneys Council.&nbsp;</span></p> <p><span class="cls0">F. DEPARTMENT OF CORRECTIONS&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall perform an annual audit, as defined in paragraph 4 of subsection B of this section, of the books and accounts of the Department of Corrections. The scope of the audit shall be determined by the State Auditor and Inspector using a risk-based approach. The audit may include, but shall not be limited to, the audit of the financial records, performance measures, and compliance with any state or federal statutes and rules, and compliance with any regulations of state or federal programs. The expense of the audits shall be paid by the Department of Corrections.&nbsp;</span></p> <p><span class="cls0">G. OKLAHOMA EMPLOYEES INSURANCE AND BENEFITS BOARD&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall cause to be audited the books and accounts of the office of the Oklahoma Employees Insurance and Benefits Board. The audit may include, but shall not be limited to, the audit of the financial records, performance measures, compliance with any state or federal statutes and rules, and compliance with any regulations of state programs. The audit shall be contracted out to private audit firms. The cost of the audit shall be borne by the Oklahoma Employees Insurance and Benefits Board.&nbsp;</span></p> <p><span class="cls0">H. DISTRICT ATTORNEY REQUEST&nbsp;</span></p> <p><span class="cls0">Whenever called upon to do so by any of the several district attorneys of the state, it shall be the duty of the State Auditor and Inspector to examine the books and accounts of any officer of any public entity. The cost of the audit shall be borne by the entity audited.&nbsp;</span></p> <p><span class="cls0">I. COUNTY OFFICERS BY REQUEST&nbsp;</span></p> <p><span class="cls0">Upon request of the county commissioners of any county or the Governor, the State Auditor and Inspector shall examine the books and accounts of all or any of the officers or custodians of the various funds of the county; and payment for such examination shall be made by the county so examined.&nbsp;</span></p> <p><span class="cls0">J. AUDITORS&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall have power to employ auditors. No auditor shall examine the books or records of the county of the auditor's residence in counties of under two hundred thousand (200,000) population according to the most recent Federal Decennial Census. The State Auditor and Inspector may employ on an as-needed basis only, legal counsel to carry out the statutory duties of the Office of the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">K. EXAMINATION OF LEVIES&nbsp;</span></p> <p><span class="cls0">It shall be the duty of the State Auditor and Inspector to examine all levies to raise public revenue to see that they are made according to law and constitutional provisions. The State Auditor and Inspector shall have the power to order all excessive or erroneous lines (levies) to be corrected by the proper officers, and shall report any irregularities to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate.&nbsp;</span></p> <p><span class="cls0">L. PETITION AUDITS&nbsp;</span></p> <p><span class="cls0">1. The State Auditor and Inspector shall audit the books and records of any subdivision of the State of Oklahoma upon petition signed by the requisite number of voters registered in the subdivision and meeting the requirements set out in this subsection.&nbsp;</span></p> <p><span class="cls0">2. The petition must contain the number of signatures equivalent to ten percent (10%) of the registered voters of the subdivision as determined by the county election board or, if the county election board determines that the number of registered voters in the subdivision cannot be determined due to boundary lines not conforming to precinct lines, the required number of petitioners shall be twenty-five percent (25%) of the total number of persons voting in the last subdivision-wide general election held in the subdivision. If the subdivision is a public trust, the required number of petitioners shall be the same as those required for an audit of its beneficiary. The appropriate county election board shall provide the number of signatures so required upon request.&nbsp;</span></p> <p><span class="cls0">3. The petition shall be in the form of an affidavit wherein the signatory shall declare upon oath or affirmation that the information given is true and correct and that he or she is a citizen of the entity to be audited. The petition shall clearly state that falsely signing shall constitute perjury. It shall include the signature of the individual, the name of the signatory in printed form, the individual's residential address, the date of signing, the public entity to be audited and the anticipated range of the cost of the audit provided by the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">4. Any person desiring to petition for an audit shall list the areas, items or concerns they want to be audited, and request from the State Auditor and Inspector the anticipated range of cost of the audit. Within thirty (30) days from the receipt of the request, the State Auditor and Inspector shall mail a petition form to the person requesting the information which shall state the anticipated range of the cost and the items or concerns to be audited. The circulators of the petition shall have thirty (30) days from the date the petition is mailed by the State Auditor and Inspector to obtain the requisite number of signatures and return it to the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">5. Upon collection of the required number of signatures, the person desiring the audit shall present the signed petitions to the State Auditor and Inspector. Within thirty (30) days of receipt of the petitions, the State Auditor and Inspector shall present the petitions to the county election board located in the county in which the subdivision is located.&nbsp;</span></p> <p><span class="cls0">6. The county election board shall determine whether the signers of the petition are registered voters of the county in which the subdivision to be audited is located and whether the petition has the requisite number of signatures of such registered voters. The county election board shall certify the petition as having the required number of signatures or as failing to have the required number of signatures and return it to the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">7. The cost of the audit shall be borne by the public entity audited. Upon notification by the State Auditor and Inspector of receipt of the petition, certified by the county election board as having the required number of signatures, the public entity shall encumber funds in an amount specified by the State Auditor and Inspector, which shall be within the range of anticipated cost stated on the petition from any funds not otherwise specifically appropriated or allocated. Payment for the audit from such encumbered funds shall be made as work progresses, and final payment shall be made on or before its publication.&nbsp;</span></p> <p><span class="cls0">8. The names of the signers of any petition shall be confidential and neither the State Auditor and Inspector, the county election board nor the county treasurer may release them to any other person or entity except upon an order from a court of competent jurisdiction.&nbsp;</span></p> <p><span class="cls0">M. PENALTIES FOR NONPAYMENT&nbsp;</span></p> <p><span class="cls0">Except as otherwise provided by law, the cost of any services provided by the State Auditor and Inspector or as specified in an audit contract shall be borne by the entity or fund audited and shall be due and payable upon receipt of progress billing during the course of an audit. Any such costs not paid within ninety (90) days of the date of receipt of billing shall incur a penalty of Ten Dollars ($10.00) per day for each day from the date of receipt of billing.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 8119. Amended by Laws 1939, p. 63, &sect; 1, emerg. eff. May 9, 1939; Laws 1979, c. 30, &sect; 138, emerg. eff. April 6, 1979; Laws 1988, c. 276, &sect; 8, operative July 1, 1988; Laws 1991, c. 319, &sect; 2, emerg. eff. June 12, 1991; Laws 1994, c. 92, &sect; 1, emerg. eff. April 21, 1994; Laws 1997, c. 136, &sect; 3, eff. July 1, 1997; Laws 1999, c. 192, &sect; 1, emerg. eff. May 21, 1999; Laws 2001, c. 321, &sect; 1; Laws 2010, c. 413, &sect; 1, eff. July 1, 2010; Laws 2012, c. 304, &sect; 842.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1979, c. 33, &sect; 1 repealed by Laws 1988, c. 276, &sect; 10, operative July 1, 1988.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74212.1. Advising county officers on procedural and technical accounting and budget procedures Duty of county officers.&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector, or his designee, shall advise county officers on procedural and technical matters relating to accounting and budget procedures. It shall be the duty of the county officers with notice of such advice to follow the instructions or advice of the State Auditor and Inspector until relieved of such duty by a court of competent jurisdiction or until the Supreme Court shall hold otherwise.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1979, c. 33, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;74212.2. Contracting with counties for development of uniform computer systems.&nbsp;</span></p> <p><span class="cls0">The Office of the State Auditor and Inspector is authorized to enter into a contract with each board of county commissioners of this state for the purpose of providing uniform computer systems development, including computer software, for county government in accordance with the provisions of Sections 178.4 and 693 of Title 19 of the Oklahoma Statutes.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 203, &sect; 19, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;74-212.3. Form for joint school district millage certifications.&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall prescribe and require the statewide use of a form for joint school district millage certifications.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 358, &sect; 23, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-212.4. Assistants to State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall employ, and make the appointment of such assistants as may be necessary to fulfill his duties. No appointments to positions shall be made in excess of the positions authorized by act of the Legislature for the State Auditor and Inspector's office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 380, &sect; 24, emerg. eff. Feb. 25, 1947. Amended by Laws 1979, c. 30, &sect; 21, emerg. eff. April 6, 1979. Renumbered from &sect; 41.24 of Title 62 by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-212A. Audits of government entities.&nbsp;</span></p> <p><span class="cls0">A. 1. Except as otherwise provided by law, all government entities, as defined by the Governmental Accounting Standards Board, shall have an audit conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards. Copies of any audit, performance audit, agreed-upon-procedures report, or other attestation engagement report produced by a person other than the State Auditor shall be filed with the State Auditor and Inspector by that person. The expense of the audit shall be paid by the government entity. For fiscal years ending after December 31, 1995, all government entities receiving public funds that are included in the reporting entity of the State of Oklahoma shall file a copy of the audit required by this paragraph with the Director of the Office of Management and Enterprise Services no later than four (4) months after the end of the fiscal year of the government entity. For purposes of this paragraph, the reporting entity of the State of Oklahoma includes all government entities included in the State of Oklahoma Comprehensive Annual Financial Report. The government entities included in the State of Oklahoma reporting entity shall be determined by the Director of the Office of Management and Enterprise Services using criteria set by the Governmental Accounting Standards Board.&nbsp;</span></p> <p><span class="cls0">2. Any public accountant or certified public accountant filing an audit, performance audit, agreed-upon-procedures report or other attestation engagement report with the State Auditor and Inspector pursuant to this section shall be required to pay a filing fee of One Hundred Dollars ($100.00) for the purposes of processing such reports and ensuring compliance with the provisions of this section. Such payments shall be deposited in the State Auditor and Inspector Revolving Fund, created pursuant to Section 227.9 of this title.&nbsp;</span></p> <p><span class="cls0">B. All registrants, as defined in the Oklahoma Accountancy Act, before entering into audit contracts required under this section, shall satisfy the Oklahoma Accountancy Board and the State Auditor and Inspector that such registrant meets Government Auditing Standards and has a current permit to practice issued by the Oklahoma Accountancy Board.&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall receive annual reports from the Oklahoma Accountancy Board of all registrants meeting the requirements of this subsection. The Oklahoma Accountancy Board shall provide changes and updates to the annual report to the State Auditor and Inspector upon request.&nbsp;</span></p> <p><span class="cls0">C. Schedules of federal awards expended will be in a form consistent with the guidance in the most recent audit guide for state and local governments prepared by "The American Institute of Certified Public Accountants". State agencies or other pass-through grantors of federal awards expended will not place reporting requirements on a grantee or subrecipients in addition to the required federal compliance reports and schedules of federal awards expended, without approval of the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">D. All governmental entities shall report grant funds received, administered or used by the entity and all grant funds under the direct or indirect control of the governmental entity or any of its employees in their employment capacity. A copy of the report shall be filed with the State Auditor and Inspector and the Director of the Office of Management and Enterprise Services within four (4) months after the end of the fiscal year of the governmental entity. The State Auditor and Inspector may audit any funds reported. The cost of the audit shall be paid by the governmental entity unless the grant provides for the cost of audits from grant funds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 319, &sect; 3, emerg. eff. June 12, 1991. Amended by Laws 1993, c. 260, &sect; 8, operative July 1, 1993; Laws 1994, c. 299, &sect; 1, eff. July 1, 1994; Laws 1996, c. 290, &sect; 14, eff. July 1, 1996; Laws 1999, c. 192, &sect; 2, emerg. eff. May 21, 1999; Laws 2005, c. 459, &sect; 9, eff. July 1, 2005; Laws 2010, c. 413, &sect; 2, eff. July 1, 2010; Laws 2012, c. 304, &sect; 843.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-212B. Format of electronic submissions to State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">Copies of any audit, performance audit, agreed-upon procedure report, or other attestation engagement report produced by a person other than the State Auditor and Inspector that is required to be filed with the State Auditor and Inspector pursuant to Section 212A of Title 74 of the Oklahoma Statutes, shall be submitted in electronic, read-only format. The State Auditor and Inspector shall make such reports available to the public at no charge on the State Auditor and Inspector's website.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 347, &sect; 6.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-213. Examination of public institutions - Quality control reviews - Special audits.&nbsp;</span></p> <p><span class="cls0">A. It shall be the duty of the State Auditor and Inspector, or designee, to examine and report upon the books and financial accounts of the public, educational, charitable, penal and reformatory institutions belonging to the state; to prescribe and enforce correct methods of keeping financial accounts of the state institutions and instruct the proper officers thereof in the performance of their duties concerning the same; to examine the books and accounts of all public institutions under the control of the state at least once each year. Any officer of such public, educational, charitable, penal and reformatory institutions who shall refuse or willfully neglect to comply with such direction of the State Auditor and Inspector within a reasonable time shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">B. Each board of regents of institutions in The Oklahoma State System of Higher Education shall require a quality control review of the internal audit function required pursuant to subsection D of Section 3909 of Title 70 of the Oklahoma Statutes for each institution under its governance at least once every three (3) years. This review shall be in accordance with the &ldquo;Quality Assurance Review Manual for Internal Auditing&rdquo; developed by the Institute of Internal Auditors or any successor organization thereto. A copy of the report on the quality control review shall be filed with the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">C. 1. The State Auditor and Inspector shall perform a special audit on elementary, independent, and technology center school districts upon receiving a written request to do so by any of the following: the Governor, Attorney General, President Pro Tempore of the Senate, Speaker of the House of Representatives, State Board of Education, or the elementary, independent, or technology center school district board of education.&nbsp;</span></p> <p><span class="cls0">2. The State Auditor and Inspector shall perform a special audit on any institution of higher education within The Oklahoma State System of Higher Education whenever the State Auditor and Inspector deems it appropriate or upon receiving a written request to do so by any of the following: the Governor, the Attorney General, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the governing board of the institution of higher education, or the president of the institution of higher education.&nbsp;</span></p> <p><span class="cls0">3. The special audit shall include, but not necessarily be limited to, a compliance audit. Such audits shall be designed to review items for management's compliance with statutes, rules, policies and internal control procedures or other items applicable to each entity. The costs of any such audit shall be borne by the audited entity and may be defrayed, in whole or in part, by any federal funds available for that purpose.&nbsp;</span></p> <p><span class="cls0">D. In addition to any special audit conducted by the State Auditor and Inspector as provided for in subsection C of this section, the State Auditor and Inspector shall, contingent upon the availability of funding, perform a special audit, without notice, on not more than four common school districts each year. The special audit shall be in a form as determined by the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">E. The State Auditor and Inspector shall perform a special audit without notice on the office of any district attorney or on any division of the Department of Corrections upon receiving a written request to do so by any of the following: the Governor, the Attorney General, or joint request of the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The State Auditor and Inspector shall perform a special audit without notice on any penal institution, corrections program, contract for service or prison bed space provided to the Department of Corrections, or any program administered by a district attorney&rsquo;s office or staff of such office whenever the State Auditor and Inspector deems it appropriate or upon receiving a written request to do so by any of the following: the Governor, the Attorney General, or joint request of the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The special audit shall include, but not necessarily be limited to, a compliance audit. Such audits shall be designed to review items for compliance with statutes, rules, policies and internal control procedures or other items applicable to each entity. The costs of any such audit shall be paid by the state agency and may be defrayed, in whole or in part, by any federal funds available for that purpose through any audited program.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 8120. Amended by Laws 1979, c. 30, &sect; 139, emerg. eff. April 6, 1979; Laws 1987, c. 203, &sect; 22, operative July 1, 1987; Laws 1988, c. 276, &sect; 9, operative July 1, 1988; Laws 1989, c. 335, &sect; 22, eff. July 1, 1989; Laws 1991, c. 319, &sect; 4, emerg. eff. June 12, 1991; Laws 1993, c. 287, &sect; 3; Laws 1994, c. 317, &sect; 4, eff. July 1, 1994; Laws 1995, c. 1, &sect; 33, emerg. eff. March 2, 1995; Laws 1997, c. 136, &sect; 4, eff. July 1, 1997; Laws 1998, c. 13, &sect; 1, eff. July 1, 1998; Laws 1999, c. 192, &sect; 3, emerg. eff. May 21, 1999; Laws 1999, c. 324, &sect; 1, emerg. eff. June 8, 1999; Laws 2001, c. 33, &sect; 172, eff. July 1, 2001; Laws 2009, c. 250, &sect; 4, eff. July 1, 2009; Laws 2010, c. 477, &sect; 6, eff. July 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1989, c. 315, &sect; 61 repealed by Laws 1990, c. 337, &sect; 26. Laws 1994, c. 92, &sect; 2 repealed by Laws 1995, c. 1, &sect; 40, emerg. eff. March 2, 1995.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-213.1. Repealed by Laws 1990, c. 277, &sect; 5, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;74-213.2. Performance Audit Division.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the Office of the State Auditor and Inspector a Performance Audit Division, subject to the discretion of the State Auditor and Inspector. An Assistant State Auditor and Inspector may be appointed to direct the operations of the Division, subject to the supervision and control of the State Auditor and Inspector at all times.&nbsp;</span></p> <p><span class="cls0">B. The State Auditor and Inspector, deputies and agents of the Performance Audit Division may examine all books and accounts of all public officers, institutions and other governmental entities specified in Sections 212 through 227.9 of this title to instruct the proper officers thereof in the performance of their duties and to prescribe cost-effective methods of operating such governmental entities; provided, however, the State Auditor and Inspector shall perform the examinations authorized in this subsection upon receiving a written request to do so by the Governor, the chief executive officer of a governmental entity or pursuant to a joint or concurrent resolution of the Legislature. A copy of the examination shall be given to the examined entity. A copy of any examination conducted pursuant to this subsection shall be submitted to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the appropriations and budget chairs of the House of Representatives and the Senate, and the Minority Leader of the House of Representatives and of the Senate.&nbsp;</span></p> <p><span class="cls0">C. The cost of the examinations authorized pursuant to subsection B of this section shall be borne by the examined agency in an amount not to exceed the actual costs of the examination. Prior to the start of such an examination, the State Auditor and Inspector shall prepare in writing and present to the affected state agency an estimate of the cost of the examination. If the estimate requires revision, the State Auditor and Inspector shall notify the agency in a prompt manner. Except as otherwise provided, the State Auditor and Inspector shall recover its costs for the examination pursuant to monthly progress billings presented by the State Auditor and Inspector to the Office of Management and Enterprise Services detailing current monthly costs for each examination. In addition, the State Auditor and Inspector shall provide a copy of the billing to the affected state agency. The Office of Management and Enterprise Services may deduct the amounts billed from the next subsequent allotment for the corresponding state agency and transfer the funds to the State Auditor and Inspector Revolving Fund.&nbsp;</span></p> <p><span class="cls0">D. The salaries and traveling expenses of the Assistant State Auditor and Inspector, deputies and agents of the Performance Audit Division and the costs of material, supplies and equipment for the Division shall be paid from funds made available through appropriation by the Legislature.&nbsp;</span></p> <p><span class="cls0">E. The State Auditor and Inspector shall submit an annual report of the Performance Audit Division to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, appropriations and budget chairs of the House of Representatives and the Senate, and the Minority Leader of the Senate and of the House of Representatives.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 269, &sect; 3, eff. Sept. 1, 1992. Amended by Laws 2004, c. 165, &sect; 1; Laws 2012, c. 304, &sect; 844.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74214. Uniform systems of bookkeeping Alternate accounting systems Instructions to state and county officers Detailed examinations Reports.&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall prescribe a uniform system of bookkeeping for the use of all county officials to afford a suitable check upon their mutual acts and ensure a thorough inspection, and to ensure the safety of the state and county funds. He shall have full authority to prescribe a system of bookkeeping for all county officers which shall be in accordance with generally accepted accounting principles, as applied to governmental units, except when in conflict with Oklahoma Statutes, and when necessary instruct or cause to be instructed the state and county officers in the proper mode of keeping the accounts. Provided however, when a conflict with Oklahoma Statutes arises concerning accounting systems for those counties utilizing electronic data processing, the county may request in writing that the State Auditor and Inspector approve an alternate accounting procedure. The State Auditor and Inspector shall have the authority to approve or disapprove such requests. Annually, the State Auditor and Inspector shall provide a report of those counties requesting alternate accounting systems to the Speaker of the House of Representatives and the President Pro Tempore of the Senate. The State Auditor and Inspector shall not change any accounting systems or procedures during the last year of his term of office that would have an impact on the ability of any independent licensed public accountant to provide auditing services to such officers. He shall make a thorough examination of the books, accounts and vouchers of such officers, ascertaining in detail the various items of receipts and expenditures. He shall report to the Governor the refusal or neglect of any state or county officer to obey his instruction. He shall make a report of the result of his examination, which shall be filed in the Office of the State Auditor and Inspector, as well as any failure of duty by any financial officers, and the Governor may cause the result of such examination to be published. Provided, that no county officer shall be required to discard any books or supplies on hand.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 8121; Laws 1979, c. 30, &sect; 140, emerg. eff. April 6, 1979; Laws 1982, c. 249, &sect; 17; Laws 1982, c. 315, &sect; 6, emerg. eff. June 1, 1982; Laws 1988, c. 60, &sect; 1, eff. Nov. 1, 1988; Laws 1993, c. 317, &sect; 1, emerg. eff. June 7, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-215. Facilities for investigations - Exhibits and information - Powers and duties of State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">All officers of the state and counties of the state and all officers and employees of other institutions mentioned in this article, must afford reasonable facilities for the investigation provided for in this article, and all such officers, manager and employees must make written exhibits to the Auditor and Inspector under oath in such form and in such manner as he may prescribe, and each and every person so required who shall refuse and neglect to make such written exhibit, or to make or to give such information as may be required by said State Auditor and Inspector, shall be deemed guilty of a misdemeanor; and if any person in making such exhibit or giving such information or affording any statement required under this article, on his oath, shall knowingly swear falsely concerning the same, he shall be deemed guilty of the felony of perjury and punished accordingly. The State Auditor and Inspector shall have full power and authority for the various purposes named to examine books, papers, accounts, bills, vouchers and any other documents, or property of any or all of the aforesaid state institutions, all state officers and custodians of any county or state funds, also to examine under oath, county or state officers and custodians of county and state funds aforesaid. The State Auditor and Inspector is empowered to issue subpoenas and administer oath in the performance of his duty, and any persons refusing access to said examiner to any such books or papers, or any officer, clerk, employee, or other persons aforesaid, who shall obstruct access and refuse to search for any required information, or who shall in any manner hinder the examination required by this article of the records, and books of the officers of public institutions or pertaining to the county and state officers aforesaid, shall be deemed guilty of a misdemeanor and shall be liable on conviction to a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail for a period of not more than one (1) year or by both such fine and imprisonment in the discretion of the court.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 8122. Amended by Laws 1979, c. 30, &sect; 141, emerg. eff. April 6, 1979; Laws 1997, c. 133, &sect; 587, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74216. Annual report to governor Other reports.&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall report to the Governor the result of his examinations on the first day of November of each year, and shall embody in such report statistics of the state institutions, of the county and state finances ascertained by him, which report shall be printed to the number of five hundred copies and shall be included with other officers' reports in the volume of executive documents. He shall also make a report upon any particular need at any time when required by the Governor.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8123; Laws 1979, c. 30, &sect; 142, emerg. eff. April 6, 1979. &nbsp;</span></p> <p><span class="cls0">&sect;74-217. Performance of duties by Deputy State Auditor and Inspector - Traveling expenses - Receipt of other compensation - False reports - Failure to perform duties.&nbsp;</span></p> <p><span class="cls0">If by reason of sickness, absence or other cause, the State Auditor and Inspector is temporarily unable to perform the duties of the office, the Deputy State Auditor and Inspector shall perform the duties of the office of State Auditor and Inspector until such disability ceases, whenever the same will not be inconsistent with the Constitution.&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall be reimbursed actual and necessary travel expenses when traveling on official state business as provided by the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">If the State Auditor and Inspector, or any deputy, or employee, shall at any time, directly or indirectly, receive compensation for service, or neglect of service, other than that provided for in this article, such person shall be guilty of a felony. The making of a false report knowingly by the State Auditor and Inspector, or any assistant or deputy, authorized by this article, of the financial condition of any office or institution required or authorized to be examined by this article shall be a felony, and any failure to perform the duties required of them to be performed by this article shall constitute a misdemeanor.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 8124. Amended by Laws 1917, c. 260, p. 475, &sect; 1; Laws 1943, p. 248, &sect; 20; Laws 1979, c. 30, &sect; 143, emerg. eff. April 6, 1979; Laws 1997, c. 133, &sect; 588, eff. July 1, 1998; Laws 2010, c. 413, &sect; 3, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-219. Repealed by Laws 2010, c. 413, &sect; 30, eff. July 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;74-219A. Education and training of staff members.&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall provide adequate continuing professional education for all staff members necessary to comply fully with federal requirements to ensure the acceptability of all audits performed under Section 2 of this act. Such training may take the form of courses presented by competent state and federal employees, the American Institute of Certified Public Accountants and other organizations recognized by the Office of Management and Budget as competent to provide such training. Employees of other state entities who can demonstrate they are mandated to participate in continuing professional education because of their assignment may be included in relevant training sessions if, within available resources, the State Auditor and Inspector is reimbursed for the costs of their participation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 319, &sect; 5, emerg. eff. June 12, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74223. Report of irregularities and derelictions Prosecution by Attorney General.&nbsp;</span></p> <p><span class="cls0">When any regular or special audit by the State Auditor and Inspector of the books, records and accounts of any state or county officer, board, or commission reveals irregularities or dereliction in the receipt or disbursement or management of public funds or property which are grounds for prosecution, it shall be the mandatory duty of the State Auditor and Inspector to within thirty (30) days of the completion of such audit, file a report with the Governor and the Attorney General setting forth in detail such irregularities or derelictions. It shall be the duty of the Attorney General pursuant to Section 18b of this title to conduct an investigation to determine if prosecution is warranted and to prosecute by either civil or criminal action or both if he determines prosecution is warranted.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1982, c. 26, &sect; 2, operative Oct. 1, 1982. &nbsp;</span></p> <p><span class="cls0">&sect;74225. Reports as additional Public Records.&nbsp;</span></p> <p><span class="cls0">The reports required by this act are in addition to all other reports required by law to be made, and shall be public records.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1959, p. 356, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;74-226. Repealed by Laws 2010, c. 413, &sect; 30, eff. July 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;74226.1. Audit of Oklahoma Preservation Trust Fund.&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector shall make an annual audit of the "Oklahoma Preservation Trust Fund" and shall file a report of the audit with the Director of State Finance and the Governor.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-226A. Audit of expenditures of county sales tax revenue - Report of irregularities to Attorney General.&nbsp;</span></p> <p><span class="cls0">As part of the annual audit of the books and records of a county, the State Auditor and Inspector shall make an audit of the expenditures of county sales tax revenue in order to determine whether the expenditures are being made according to law and constitutional provisions. The audit shall consist of a review of the ledgers and records of the expenditures of the sales tax proceeds. However, the annual audit required by this section shall only apply to any county sales tax revenue which is designated for a specific purpose as set forth in the ballot as passed by the voters of the county. The expense of the audit shall be paid by the county. The State Auditor and Inspector shall make a report of the audit and shall retain its report of the audit. The State Auditor and Inspector shall report any irregularities in the expenditure of sales tax proceeds to the Office of the Attorney General within thirty (30) days from the making of the report.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 196, &sect; 3, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-227.3. Deposit of revenue into fund.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Tax Commission is by this act required to apportion monthly and place to the credit of the Circuit Engineering District Revolving Fund created pursuant to Section 1 of this act one-third of one percent (1/3 of 1%) of the total gasoline excise taxes apportioned under the provisions of paragraph 4 of subsection A of Section 500.6 of Title 68 of the Oklahoma Statutes, or under the provisions of the cited paragraph as the same may be amended or reenacted.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 115, &sect; 3, emerg. eff. May 31, 1963. Amended by Laws 1965, c. 366, &sect; 7, eff. July 1, 1965; Laws 1979, c. 30, &sect; 149, emerg. eff. April 6, 1979; Laws 1984, c. 289, &sect; 8, operative July 1, 1984; Laws 2005, c. 414, &sect; 2, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74227.6. Payments into fund Disbursements.&nbsp;</span></p> <p><span class="cls0">All payments made by counties and county officers and other public officers to the State Auditor and Inspector for services or expenses in connection with the performance of the lawful duties of his office shall be made by warrant payable to the "State Auditor and Inspector Revolving Fund" and such warrants shall be deposited in the State Auditor and Inspector Revolving Fund. All payments for salaries, compensation, travel expenses, and other expenses of the State Auditor and Inspector and his employees for services or expenses in connection with the performance of the lawful duties of his office with respect to the examination or audit of counties, county funds or other public funds shall be paid by state warrant from such State Auditor and Inspector Revolving Fund to the extent of available funds. From and after the effective date of this act no county, county officer or other public officer shall make direct payment to any employee of the State Auditor and Inspector other than in accordance herewith.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 366, &sect; 6; Laws 1970, c. 43, &sect; 6, emerg. eff. March 3, 1970; Laws 1979, c. 30, &sect; 151, emerg. eff. April 6, 1979. &nbsp;</span></p> <p><span class="cls0">&sect;74227.8. Payment for services by state agencies - Agreements - Deposits.&nbsp;</span></p> <p><span class="cls0">Notwithstanding the provisions of any other law, any state agency, board, commission, city or town, common school, technology center school, county, institution of higher education, public trust or political subdivision of the state may enter into agreements with the State Auditor and Inspector to perform audits, investigative or consultant services and the entity shall pay the State Auditor and Inspector for the services. Payments made by such entity shall be deposited in the State Treasury to the credit of the State Auditor and Inspector Revolving Fund created by Section 227.9 of this title. Expenses incurred in auditing such books and accounts, including compensation of necessary personnel, including consultants, or causing the books and accounts to be audited, shall be paid by the entity in the same manner as now provided by law for other disbursements.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 343, &sect; 5, emerg. eff. May 9, 1968. Amended by Laws 1979, c. 30, &sect; 152, emerg. eff. April 6, 1979; Laws 1991, c. 319, &sect; 6, emerg. eff. June 12, 1991; Laws 1993, c. 317, &sect; 2, emerg. eff. June 7, 1993; Laws 2001, c. 33, &sect; 173, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-227.9. State Auditor and Inspector Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Office of the State Auditor and Inspector to be designated the "State Auditor and Inspector Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all money paid to and received by the State Auditor and Inspector from state agencies, boards and commissions authorized by statute to pay the expense of audits and consulting services, money received for performance of audits and consulting services pursuant to contract entered into under the authority of Section 227.8 of this title, funds received from state agencies, boards and commissions receiving federal grants of funds which require periodic audits under said grants or any federal regulations, all money received from counties, cities, towns and public trusts in payment of audit expense, funds appropriated to state agencies, boards and commissions for payment of audit expense, and fees collected pursuant to Section 212A of this title. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Office of the State Auditor and Inspector for expenses necessary for the performance of duties imposed upon the Office of the State Auditor and Inspector 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 the Office of Management and Enterprise Services for approval and payment. The State Auditor and Inspector shall at the close of each fiscal year pay into the General Revenue Fund of the state any unencumbered balance remaining in said revolving fund in excess of Eight Hundred Fifty Thousand Dollars ($850,000.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 43, &sect; 5, emerg. eff. March 3, 1970. Amended by Laws 1979, c. 30, &sect; 153, emerg. eff. April 6, 1979; Laws 1985, c. 304, &sect; 10, emerg. eff. July 24, 1985; Laws 1991, c. 319, &sect; 7, emerg. eff. June 12, 1991; Laws 1993, c. 260, &sect; 9, operative July 1, 1993; Laws 2010, c. 413, &sect; 4, eff. July 1, 2010; Laws 2012, c. 304, &sect; 845.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74-227.10. Renumbered as Section 20 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.11. Renumbered as Section 21 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.12. Renumbered as Section 24 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.13. Renumbered as Section 25 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.14. Renumbered as Section 27 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.15. Renumbered as Section 28 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.16. Repealed by Laws 2006, c. 269, &sect; 11, eff. July 1, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.17. Renumbered as Section 29 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.18. Renumbered as Section 30 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.19. Renumbered as Section 31 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.20. Renumbered as Section 32 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.20A. Renumbered as Section 33 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.21. Renumbered as Section 34 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.22. Renumbered as Section 35 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.23. Renumbered as Section 36 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.24. Renumbered as Section 37 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.25. Renumbered as Section 38 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.26. Renumbered as Section 39 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.27. Renumbered as Section 40 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.28. Renumbered as Section 41 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.29. Renumbered as Section 42 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-227.30. Renumbered as Section 43 of Title 1 of the Oklahoma Statutes by Laws 2007, c. 359, &sect; 22, eff. Jan. 1, 2008.&nbsp;</span></p> <p><span class="cls0">&sect;74-228. Internal audits - Supervisory responsibility.&nbsp;</span></p> <p><span class="cls0">The administrative head and the governing body of any state agency, board, department or commission having internal audit functions shall have direct supervisory responsibility over all internal audits conducted by the agency, board, department or commission. Such supervisory responsibility shall include, but not be limited to, the duty of assuring that all internal audits are conducted in accordance with the "Standards for the Professional Practice of Internal Auditing" developed by the Institute of Internal Auditors or any successor organization thereto.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 36, &sect; 1, eff. Sept. 1, 1992. Amended by Laws 1994, c. 317, &sect; 5, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-229. Internal audit reports.&nbsp;</span></p> <p><span class="cls0">In addition to other requirements regarding audits prescribed by law, all state agencies, departments, boards and commissions that conduct internal audits shall submit internal audit reports, including initial and final reports, to the State Auditor and Inspector. Each audit shall be identified clearly as either an initial internal audit report or as a final internal audit report.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 269, &sect; 1, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74231. Bureau created.&nbsp;</span></p> <p><span class="cls0">There is hereby created a bureau to be known as the "Oklahoma Geological Survey," which shall be under the direction of a commission, to be known as the State Geological Commission, composed of the Governor, the President of the State University, and the State Superintendent of Public Instruction. R.L. 1910 Sec. 8125.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8125. &nbsp;</span></p> <p><span class="cls0">&sect;74-232. Direction and supervision.&nbsp;</span></p> <p><span class="cls0">The Geological Survey of the State of Oklahoma located at Norman, Oklahoma, is hereby placed under the direction and supervision of the Board of Regents of the University of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923-24, c. 46, p. 49, &sect; 1, emerg. eff. March 7, 1924.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74234. Duties of bureau.&nbsp;</span></p> <p><span class="cls0">The said bureau shall have for its object and duties the following:&nbsp;</span></p> <p><span class="cls0">First. A study of the geological formations of the state with special reference to its mineral deposits, including coal, oil, gas, asphalt, gypsum, salt, cement, stone, clay, lead, zinc, iron, sand, road building material, water resources and all other mineral resources.&nbsp;</span></p> <p><span class="cls0">Second. The preparation and publication of bulletins and reports, accompanied with necessary illustrations and maps, including both general and detailed descriptions of the geological structure and mineral resources of the state.&nbsp;</span></p> <p><span class="cls0">Third. The consideration of such other scientific and economic questions as, in the judgment of the commission, shall be deemed of value to the people.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8127. &nbsp;</span></p> <p><span class="cls0">&sect;74235. Reports.&nbsp;</span></p> <p><span class="cls0">he director shall present to the Governor a biennial report, ready for printing, showing the progress and condition of said bureau, together with such other information as the commission may deem necessary: Provided, that the commission shall have authority to print and distribute said report.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8128. &nbsp;</span></p> <p><span class="cls0">&sect;74237. Right of way.&nbsp;</span></p> <p><span class="cls0">In order to carry out the provisions of this article, it shall be lawful for all persons employed by the bureau to enter and cross all lands within the state Provided, that in so doing no damage shall be done to private property.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8130. &nbsp;</span></p> <p><span class="cls0">&sect;74238. Located at university.&nbsp;</span></p> <p><span class="cls0">Until suitable laboratories, libraries and testing apparatus are provided by the state for prosecuting the work of the survey, said survey shall be located at the State University. The commission shall enter into arrangements with the Board of Regents of the State University for the use, by members of the staff of the survey, or such rooms, laboratories, libraries and apparatus as may be necessary for the carrying on of such work.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 8131. &nbsp;</span></p> <p><span class="cls0">&sect;74241. Survey created Supervision Object and duties.&nbsp;</span></p> <p><span class="cls0">(a) The Archeological Survey of the State of Oklahoma, located at Norman, Oklahoma, shall be under the direction and supervision of the Regents of the University of Oklahoma and shall be known as the Oklahoma Archeological Survey.&nbsp;</span></p> <p><span class="cls0">(b) The Oklahoma Archeological Survey shall have for its object and duties the following:&nbsp;</span></p> <p><span class="cls0">(1) Excavation of historical sites, ruins and mounds for the purpose of securing data and objects relating to early man in Oklahoma;&nbsp;</span></p> <p><span class="cls0">(2) Fundamental research in Oklahoma archeology and encouragement of public cooperation in the preservation of Oklahoma antiquities;&nbsp;</span></p> <p><span class="cls0">(3) Research in and study of anthropology and related social and physical sciences both prior to excavation and thereafter in order to plan and aid in the discovery of archeological sites and artifacts and in their proper assessment and preservation once discovered;&nbsp;</span></p> <p><span class="cls0">(4) Publication of findings in terms of their scientific and popular and cultural values;&nbsp;</span></p> <p><span class="cls0">(5) Display and custodianship of relics, artifacts, sites and other tangible results of the operations of the survey;&nbsp;</span></p> <p><span class="cls0">(6) Educational activities providing a stimulus to archeological efforts and the encouragement of archeological societies, parks and museums; and&nbsp;</span></p> <p><span class="cls0">(7) To initiate, operate and maintain a program of archeology which shall include the specific responsibilities set out above which shall not be limited to those areas of action.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1970, c. 172, &sect; 1, emerg. eff. April 10, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;74-245. Survey created - Director - Object and duties - Copies - Report.&nbsp;</span></p> <p><span class="cls0">A. The Climate Office of the State of Oklahoma located at Norman, Oklahoma, shall be under the direction and supervision of the Board of Regents of the University of Oklahoma and shall be known as the Oklahoma Climatological Survey. The Oklahoma Climatological Survey is hereby re-created, to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law.&nbsp;</span></p> <p><span class="cls0">B. The director of the Oklahoma Climatological Survey shall be appointed by the Board and shall either serve as the state climatologist or appoint another current employee of the Survey to serve as state climatologist. The salary of the director shall be determined by the Board.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Climatological Survey shall have for its object and duties the following:&nbsp;</span></p> <p><span class="cls0">1. To acquire, archive, process and disseminate, in the most cost-effective way possible, all climate and weather information which is or could be of value to policy and decision makers in the state;&nbsp;</span></p> <p><span class="cls0">2. To act as the representative of the state in all climatological and meteorological matters both within and outside the state when requested to do so by the legislative or executive branches of the state government;&nbsp;</span></p> <p><span class="cls0">3. To prepare, publish and disseminate periodic regular climate summaries for those individuals, agencies and organizations whose activities are related to the welfare of the state and are affected by climate and weather;&nbsp;</span></p> <p><span class="cls0">4. To conduct and report on studies of climate and weather phenomena of significant socioeconomic importance to the state; &nbsp;</span></p> <p><span class="cls0">5. To evaluate the significance of natural and manmade, deliberate and inadvertent changes or modifications in important features of the climate and weather affecting the state, and to report this information to those agencies and organizations in the state who are likely to be affected by such changes or modifications; and&nbsp;</span></p> <p><span class="cls0">6. To maintain and operate the Oklahoma Mesonetwork, a statewide environmental monitoring network which is overseen by the Mesonet Steering Committee, comprised of representatives of the University of Oklahoma and Oklahoma State University according to its Memorandum of Agreement. The director of the Oklahoma Climatological Survey shall be accountable for executing the policies of the Mesonet Steering Committee.&nbsp;</span></p> <p><span class="cls0">D. The director is authorized to certify copies as being authentic reproductions of weather records held in the state.&nbsp;</span></p> <p><span class="cls0">E. The director of the Oklahoma Climatological Survey shall present a report each year to the Board of Regents of the University of Oklahoma showing the progress, condition and all other information which the Board may deem necessary.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 63, &sect; 1, operative Oct. 1, 1982. Amended by Laws 1988, c. 13, &sect; 1; Laws 1994, c. 14, &sect; 1; Laws 2000, c. 18, &sect; 1; Laws 2003, c. 208, &sect; 1, emerg. eff. May 12, 2003; Laws 2006, c. 51, &sect; 1; Laws 2012, c. 100, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74250.4. State officers Salaries.&nbsp;</span></p> <p><span class="cls0">Pursuant to provisions of the Constitution of the State of Oklahoma from and after the beginning date of a term of office which commences in, or after, January, 1999, the following officers of the State of Oklahoma shall be annually compensated for their services, payable monthly, as follows:&nbsp;</span></p> <p><span class="cls0">1. The Governor shall receive a salary equal to the salary received by the Chief Justice of the Oklahoma Supreme Court;&nbsp;</span></p> <p><span class="cls0">2. The Lieutenant Governor shall receive a salary equal to the salary received by an associate district judge in a county with a population greater than ten thousand (10,000) and less than thirty thousand (30,000);&nbsp;</span></p> <p><span class="cls0">3. The Attorney General shall receive a salary equal to the salary received by the Presiding Judge of the Court of Civil Appeals;&nbsp;</span></p> <p><span class="cls0">4. The State Superintendent of Public Instruction shall receive a salary equal to the salary received by a district judge;&nbsp;</span></p> <p><span class="cls0">5. Each member of the Corporation Commission shall receive a salary equal to the salary received by an associate district judge in a county with a population of over thirty thousand (30,000);&nbsp;</span></p> <p><span class="cls0">6. The State Treasurer shall receive a salary equal to the salary received by an associate district judge in a county with a population of over thirty thousand (30,000);&nbsp;</span></p> <p><span class="cls0">7. The State Auditor and Inspector shall receive a salary equal to the salary received by an associate district judge in a county with a population of over thirty thousand (30,000);&nbsp;</span></p> <p><span class="cls0">8. The State Insurance Commissioner shall receive a salary equal to the salary received by an associate district judge in a county with a population of over thirty thousand (30,000); and&nbsp;</span></p> <p><span class="cls0">9. The Commissioner of Labor shall receive a salary equal to the salary received by a special judge.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 502, &sect; 2, emerg. eff. July 19, 1965. Amended by Laws 1970, c. 85, &sect; 1; Laws 1974, c. 311, &sect; 1, emerg. eff. May 31, 1974; Laws 1978, c. 239, &sect; 1, emerg. eff. April 26, 1978; Laws 1982, c. 182, &sect; 1; Laws 1994, c. 239, &sect; 3; Laws 1997, c. 384, &sect; 1, emerg. eff. June 11, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-250.4-1. Repealed by Laws 1997, c. 384, &sect; 106, eff. July 1, 1997.&nbsp;</span></p> <p><span class="cls0">&sect;74-250.4-2. Repealed by Laws 2009, c. 304, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;74-250.4-3. Repealed by Laws 1990, c. 266, &sect; 101, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;74250.4a. Legislators Salary or emoluments.&nbsp;</span></p> <p><span class="cls0">Any member of the Legislature who may, during the time for which he was elected Senator or member of the House of Representatives, be appointed or elected to any office incident to which the salary or emoluments thereof are increased, shall receive during the term for which he was elected or appointed to such office the salary or emoluments which under the provisions of law appertain to such office at the beginning of the time for which he was elected Senator or member of the House of Representatives.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1982, c. 359, &sect; 3, emerg. eff. June 2, 1982. &nbsp;</span></p> <p><span class="cls0">&sect;74250.6. Salary rates of certain educational officers Limits and conditions on salary and expense expenditures.&nbsp;</span></p> <p><span class="cls0">(a) It is the intent of the Legislature that the Oklahoma State Regents for Higher Education establish a maximum annual salary for the Chancellor for Higher Education and presidents of universities and colleges. The maximum salary and expense allowance should not exceed the salary and maintenance of Governor's Mansion established for the Governor of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">(b) State officers and employees shall not be paid any salary, fee, wage, remuneration, expense allowance, or other compensation on warrants issued by the State Treasurer except when claim for payment is made on the prescribed payroll form of the agency for which services are performed, except:&nbsp;</span></p> <p><span class="cls0">1. Reimbursement for travel expenses incurred on official state business shall be made as provided by statute on approved travel claims; and&nbsp;</span></p> <p><span class="cls0">2. Reimbursement for officials and employees of the state, for miscellaneous emergency purchases or other purchases not available through their agency's normal purchasing process, shall be on approved miscellaneous claims. Provided, such reimbursements shall be subject to the agency head's approval; must be accompanied by evidence of payments; and the purchases must not otherwise be restricted by state statutes. Reimbursements which exceed One Hundred Dollars ($100.00) per claim shall include a written statement of justification for the purchase as support documentation for the claim.&nbsp;</span></p> <p><span class="cls0">Nothing in this section is intended to keep a state agency from being reimbursed for services performed by employees of one agency for another.&nbsp;</span></p> <p><span class="cls0">Nothing in this section shall affect the method of payment of any expense allowance to any state officer or employee specifically authorized by statute, or the payment to uniformed employees for maintenance and cleaning of uniforms where the payment is made under an accountable plan as defined by the Internal Revenue Service.&nbsp;</span></p> <p><span class="cls0">Laws 1970, c. 85, &sect; 3; Laws 1979, c. 47, &sect; 96, emerg. eff. April 9, 1979; Laws 1983, c. 334, &sect; 11, emerg. eff. June 30, 1983; Laws 1993, c. 291, &sect; 3, eff. July 1, 1993; Laws 1994, c. 2, &sect; 29, emerg. eff. March 2, 1994.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1993, c. 129, &sect; 3 repealed by Laws 1994, c. 2, &sect; 34, emerg. eff. March 2, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74250.7. Corporation Commission members Chairman.&nbsp;</span></p> <p><span class="cls0">Each Corporation Commissioner holding office after the effective date of this act shall receive as compensation the salary established by the Legislature for Corporation Commissioners. The person elected Corporation Commission Chairman by those members constituting the Corporation Commission shall receive additional annual compensation in the amount of Two Thousand Dollars ($2,000.00) payable monthly, while serving in the capacity of Chairman.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1982, c. 182, &sect; 2; Laws 1982, c. 358, &sect; 20, emerg. eff. June 2, 1982. &nbsp;</span></p> <p><span class="cls0">&sect;74-250.16. Repealed by Laws 2009, c. 304, &sect; 2, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;74255. Appointments and tenure Citizenship Exceptions.&nbsp;</span></p> <p><span class="cls0">The heads of the departments except as otherwise herein provided are hereby authorized and empowered to appoint persons to hold positions created in their respective departments. The persons so appointed shall hold office at the will of such state officer and in the case of all boards and commissioners, such board or commission shall, by vote thereof, except as otherwise provided, appoint persons to hold positions created under such boards or commissions by this act, and the said persons so appointed shall hold office at the will of such officer, boards or commissions making said appointment, provided that any board or commission may authorize the secretary of such board or commission to make said appointment.&nbsp;</span></p> <p><span class="cls0">Provided further, that it shall be unlawful for the heads of any department, or any departments, except institutions of higher learning and state hospitals, the State Health Department, the Highway Department in the employment of engineers and technicians, schools for mentally retarded and State Veterans Facilities as pertains to doctors, dentists, nurses and other trained technicians, to employ in any way any person who is not a citizen of the United States, and repealing all laws in conflict herewith. The provisions of this act shall in no way be interpreted to repeal any provision of the laws heretofore enacted creating the Merit System of the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1919, c. 211, p. 302, &sect; 2; Laws 1967, c. 36, &sect; 1, emerg. eff. March 24, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;74-271. Senate and House of Representatives - Powers as to employees.&nbsp;</span></p> <p><span class="cls0">A. The Senate and the House of Representatives of the State of Oklahoma are hereby authorized to employ such administrative, professional, clerical, stenographic and other employees as in the judgment of each body, respectively, shall by them be deemed necessary and proper.&nbsp;</span></p> <p><span class="cls0">B. Each week during the legislative session, the Senate and the House of Representatives are hereby authorized to employ chaplains and pages as deemed necessary by the respective bodies.&nbsp;</span></p> <p><span class="cls0">C. Each body shall be the sole judge of the number, duties, and compensation of its employees.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1915, c. 264, &sect; 1. Amended by Laws 1929, c. 38, p. 39, &sect; 1, emerg. eff. March 20, 1929; Laws 1995, c. 336, &sect; 1, emerg. eff. June 8, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74283. Salaries fixed by statute are maximum salaries No claim for excess above appropriation.&nbsp;</span></p> <p><span class="cls0">he amount of salary as fixed by any statute, heretofore or hereafter enacted, creating positions or fixing salaries for positions of any officer or employee of the State of Oklahoma, except as limited by Section 10 of Article XXIII of the Constitution of the State of Oklahoma, shall be and it is intended by the Legislature to be the maximum salary which each of the respective officers or employees shall receive or be entitled to receive; and none of such salaries, nor any part of any such salary shall constitute a valid claim against the State of Oklahoma in excess of the amount or amounts specifically appropriated therefor.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1941, p. 454, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;74-284. Repealed by Laws 1994, c. 242, &sect; 56.&nbsp;</span></p> <p><span class="cls0">&sect;74-284.1. Certain state agencies prohibited from implementing lagged payroll system prior to July 1, 1991.&nbsp;</span></p> <p><span class="cls0">Any state agency which was not utilizing a lagged payroll system on or before January 1, 1990, shall be prohibited from implementing a lagged payroll system prior to July 1, 1991.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 341, &sect; 1, eff. July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-284.2. Pay increase funds - Prohibition of expenditure for contracted private employees.&nbsp;</span></p> <p><span class="cls0">No funds appropriated for the purpose of implementing the pay increase provided in Section 1 of this act shall be expended by any employing public agency, board, commission or other public employing entity in order to increase compensation for persons employed by a private business entity that has entered into contract with the public employing entity to provide personnel services to the public employing entity in order for the public employing entity to perform duties imposed upon it by law or functions the public employing entity is authorized to perform by law. The provisions of this section shall not be construed to prohibit increases in compensation to a vendor performing other types of services pursuant to a sole source contract or contract awarded pursuant to the Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 257, &sect; 2, eff. Jan. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-291. Repealed by Laws 1995, c. 335, &sect; 7, eff. Nov. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;74291.1. Legislators Per diem.&nbsp;</span></p> <p><span class="cls0">Members of the Legislature shall be allowed a per diem in lieu of expenses in an amount authorized by the provisions of the Internal Revenue Code of 1986, as amended, for deductibility of expenses for travel while away from home without additional documentation for each night spent away from home in the performance of their official duties within the state during regular and extraordinary legislative sessions, not to exceed the number of legislative days per week.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 254, &sect; 2, operative Jan. 1, 1976. Amended by Laws 1979, c. 260, &sect; 4, emerg. eff. June 5, 1979; Laws 1985, c. 7, &sect; 2, eff. July 1, 1985; Laws 1985, c. 344, &sect; 10, emerg. eff. July 30, 1985; Laws 1989, c. 247, &sect; 2, emerg. eff. May 18, 1989; Laws 1997, c. 384, &sect; 16, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74291.1a. Legislators Mileage and per diem.&nbsp;</span></p> <p><span class="cls0">Members of the Legislature who are authorized by the Speaker of the House of Representatives and the President Pro Tempore of the Senate, to attend official meetings and sessions concerning legislation during a legislative recess shall be entitled to receive reimbursement for mileage and per diem in the same manner as provided for in Sections 291 and 291.1 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1979, c. 274, &sect; 3, emerg. eff. June 5, 1979. &nbsp;</span></p> <p><span class="cls0">&sect;74-291.1b. Legislators - Reimbursable trips.&nbsp;</span></p> <p><span class="cls0">Members of the Legislature shall receive mileage reimbursement pursuant to Section 500.4 of Title 74 of the Oklahoma Statutes for the number of miles necessarily and conveniently traveled by the most usual and feasible route to be present upon convening of the regular or extraordinary sessions of the Legislature by such member in each and every trip in going to and returning from the place of meeting of the Legislature. Each member shall be entitled to mileage reimbursement for one (1) round trip per week in traveling to and from the meeting of the Legislature. A member not claiming per diem reimbursement may elect to receive mileage for not to exceed as many trips as there are legislative days for a week during each week the Legislature is actually in regular or extraordinary session, provided that no single, round-trip mileage reimbursement may exceed the per diem allowance. Members of the Legislature shall receive mileage reimbursement, for the use of privately owned vehicles pursuant to Section 500.4 of Title 74 of the Oklahoma Statutes for the number of miles necessarily and conveniently traveled by the most usual and feasible route to be present in attending meetings of committees of which they are members or to which they are invited by Committee Chairmen when the Legislature is not in session, subject to the approval of the presiding officer of each house for the members of the respective houses.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 335, &sect; 6, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;74-291.2. Board on Legislative Compensation - Meetings - Changes in legislative compensation - Quorum - Terms - Officers - Lobbyists.&nbsp;</span></p> <p><span class="cls0">The Board on Legislative Compensation created by Section 21 of Article V of the Oklahoma Constitution shall meet on the third Tuesday of October in every odd-numbered year at nine o'clock a.m. in the State Capitol Building, at which meeting the Board shall review the compensation paid to members of the State Legislature and, if necessary, change the compensation. The Board may, at the call of its chairman or upon a majority vote of its membership, hold such additional meetings as are necessary to carry out its official duties. Any change in legislative compensation shall be made by the Board no later than the third Tuesday of November in said odd-numbered year. Five members of the Board shall constitute a quorum and a majority vote of such quorum shall be necessary for the Board to act. The appointed members of said Board shall serve terms which run concurrently with the terms of the respective appointing authorities and shall serve at their pleasure. The Director of the Office of Management and Enterprise Services shall serve as Secretary to the Board. The Board shall elect such other officers as they deem needed from their membership. No member of the Board shall be a lobbyist as required to be registered pursuant to the Oklahoma Campaign Compliance and Ethical Standards Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1977, c. 226, &sect; 1, emerg. eff. June 14, 1977. Amended by Laws 1990, c. 198, &sect; 1, emerg. eff. May 10, 1990; Laws 2012, c. 304, &sect; 846.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;74291.3. Advice to Legislature Travel expenses.&nbsp;</span></p> <p><span class="cls0">When requested by a concurrent resolution, the Board shall advise the Legislature on various items of legislative expenditures as specified in the resolution. When meeting pursuant to this section, the members shall be reimbursed for travel expenses while on official business in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1985, c. 178, &sect; 69, operative July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;74291.10. Staff Review Committee of the Senate Membership Clerk.&nbsp;</span></p> <p><span class="cls0">There is hereby created a Staff Review Committee of the Senate which shall consist of the President Pro Tempore as chairman, the Majority Floor Leader as vice chairman, the Minority Floor Leader, the chairman of the Appropriations Committee and the vice chairman of the Appropriations Committee. The Secretary of the Senate shall serve as clerk of the committee.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1981, c. 279, &sect; 1, eff. July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;74291.11. Meetings Duties.&nbsp;</span></p> <p><span class="cls0">The Staff Review Committee shall meet prior to July 1 of each year, and at such other times as are required, to review the performance of members of the Senate Staff, to approve salaries, to establish schedules of work and other personnel policies and to perform such other duties as it deems necessary in reviewing the work of the Senate Staff.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1981, c. 279, &sect; 2, eff. July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;74-291.12. Repealed by Laws 1995, c. 336, &sect; 5, emerg. eff. June 8, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;74-291.13. Repealed by Laws 1995, c. 336, &sect; 5, emerg. eff. June 8, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;74-291.13a. Repealed by Laws 1995, c. 336, &sect; 5, emerg. eff. June 8, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;74-291.14. Repealed by Laws 1995, c. 336, &sect; 5, emerg. eff. June 8, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;74-291.15. Repealed by Laws 1995, c. 336, &sect; 5, emerg.