Okla. Stat. tit. 74, § 74-3102.1 — OK Code / Title 74 / Section 74-3102.1
Unlawful private economic interest — State officer or
Status: in_force

employee of state agency — Penalties.

A. For purposes of this section:

1. “Associated nongovernment entity” means:

a. any nonprofit or charitable organization or private

business including, but not limited to, a closely held

corporation, limited liability company, subchapter S

corporation, or partnership, in which:

(1) the state officer or employee or his or her

immediate family member has or has had a business

relationship other than a routine consumer

transaction at any point during the previous

three hundred sixty-five (365) days,

(2) the state officer or employee or his or her

immediate family member is a director, officer,

owner, partner, manager, employee, contractor,

consultant, board member, or agent,

(3) the state officer or employee or his or her

immediate family member receives or has received

income or other financial compensation at any

point during the previous three hundred sixty-

five (365) days,

(4) the state officer or employee or his or her

immediate family member, directly or indirectly,

owns or has owned stock, another form of equity

interest, stock options, debt instruments, or has

received dividends or income at any point during

the previous three hundred sixty-five (365) days,

or

(5) the state officer or employee or his or her

immediate family member is negotiating or has any

arrangement concerning prospective employment, or

b. any publicly traded corporation or other business

entity in which:

(1) the state officer or employee or his or her

immediate family member holds or has held an

ownership interest of five percent (5%) or more

at any point during the previous three hundred

sixty-five (365) days, or

Oklahoma Statutes - Title 74. State Government Page 957

(2) the state officer or employee or his or her

immediate family member serves or has served as a

director or officer at any point during the

previous three hundred sixty-five (365) days;

2. “Immediate family member” of a state officer or employee

means:

a. a spouse,

b. the parents of a spouse,

c. a child by birth or adoption,

d. a stepchild,

e. a parent,

f. a grandparent,

g. a grandchild,

h. a sibling,

i. a spouse’s sibling, or

j. a spouse of any immediate family member listed in this

paragraph;

3. “Private economic interest” includes any interest that could

foreseeably result in directly or indirectly receiving a pecuniary

gain, a competitive advantage, or sustaining pecuniary loss as a

result of an official act or forbearance. A private economic

interest shall not include an interest in a pension plan, 401(k),

individual retirement account or other retirement investment vehicle

that makes diversified investments over which the state officer or

employee or his or her immediate family member exercises no control

over the acquisition or sale of particular holdings; and

4. “State agency” includes any office, bureau, board, council,

commission, department, authority, institution, trust, unit,

division, or body of the executive branch of the state government,

excluding political subdivisions of the state.

B. It shall be unlawful for any state officer or employee of a

state agency to participate in his or her official capacity through

decision, approval, disapproval, authorization, recommendation,

investigation, the rendering of advice, influence, or otherwise, in

any matter in which he or she has a private economic interest or in

which his or her immediate family member or an associated

nongovernment entity has a private economic interest. Any person

convicted of knowingly and willfully violating the provisions of

this subsection shall, upon conviction, be guilty of a felony

punishable by a fine not to exceed Ten Thousand Dollars

($10,000.00), by imprisonment in the custody of the Department of

Corrections for a term not less than one (1) year nor more than ten

(10) years, or by both such fine and imprisonment. Such person

shall be prohibited from holding any public office in this state.

The fact that the accused’s conduct also served a legitimate

governmental purpose is no ground of defense or of mitigation of

punishment. Prosecutions for violations of this subsection shall be

Oklahoma Statutes - Title 74. State Government Page 958

commenced in accordance with subsection A of Section 152 of Title 22

of the Oklahoma Statutes.

C. A state officer or employee who, in the discharge of his or

her official responsibilities, is required or called upon to

participate in a matter in which he or she has a private economic

interest or in which his or her immediate family member or an

associated nongovernment entity has a private economic interest,

within thirty (30) days of becoming aware of such potential conflict

arising from a private economic interest or prior to the official

action affected by the private economic interest, whichever is

first, shall:

1. Prepare a certified written statement describing the matter

requiring participation and the nature of the potential conflict of

interest with respect to the matter in detail sufficient to be

understood by the public;

2. Furnish a copy of the statement to his or her superior, if

any, who shall assign the matter to another employee who does not

have a private economic interest. The superior shall furnish a copy

of the statement to the Ethics Commission. If he or she has no

immediate superior, he or she shall furnish a copy of the statement

directly to the Ethics Commission. The statement shall remain

available for public inspection; and

3. If the person is an elected officer or if he or she is

appointed as the chief executive officer or head of a state agency,

he or she shall furnish a copy of the statement to the presiding

officer of the governing body of the agency on which he or she

serves, who shall cause the statement to be printed in the minutes

of the next meeting and require that the person be excused from any

votes, deliberations, and other actions on the matter in which the

potential conflict of interest exists and shall cause the

disqualification and the reasons for the disqualification to be

noted in the minutes.

D. Any person convicted of knowingly and willfully violating

the provisions of subsection C of this section shall, upon

conviction, be guilty of a misdemeanor punishable by a fine not to

exceed One Thousand Dollars ($1,000.00), by imprisonment in the

county jail for a term not to exceed one (1) year, or by both such

fine and imprisonment.

E. Violation of any provision of this section shall be grounds

for removal from office or termination from state employment.

F. Any transaction or contract entered into in violation of any

provision of this section shall be void.

G. A person shall not be guilty of an offense under this

section if the person’s performance of official functions would not

affect the person, immediate family member, or associated

nongovernment entity differently than such performance would affect

the public generally, or would not affect the person, immediate

Oklahoma Statutes - Title 74. State Government Page 959

family member, or associated nongovernment entity, as a member of a

business, profession, occupation, or large class differently than

such performance would affect any other member of such business,

profession, occupation, or large class.

H. The provisions of this section shall be cumulative to

existing laws. Nothing in this section shall prohibit a state

agency from implementing more restrictive policies to address

conflicts of interest that remain in compliance with this section.

Nothing in this section shall be construed to invalidate any other

provision of law establishing more restrictive procedures or

measures to prevent conflicts of interest between public duties and

private economic interests.
Okla. Stat. tit. 74, § 74-913 — OK Code / Title 74 / Section 74-913
Crediting of prior and participating service - Transfer of
Status: in_force

service credits from Teachers' Retirement System of Oklahoma.

A. Prior service shall be credited as follows:

1. A member shall receive full credit for employment with any

participating employer prior to the entry date of his or her

employer whether or not continuous and whether or not he or she was

employed with a participating employer on such entry date, provided

that any member who has retired before the passage of Section 901 et

seq. of this title, shall not receive retirement benefits

retroactively for such prior service. Provided, that at such time

that an employer becomes a participating employer on or after

January 1, 1965, and before January 1, 1975, each member and each

retirant, upon making proper written application therefor, shall

receive prior service credit for service with such employer in the

same manner as if such participating employer had been a

participating employer on the date first eligible to become a

participating employer; and increased benefits attributable to such

Oklahoma Statutes - Title 74. State Government Page 637

increased prior service credit shall commence with the next monthly

benefit payment due following receipt and approval of such

application by the Board of Trustees. No prior service shall be

granted, however, for periods of service in which the employee made

contributions which he or she subsequently withdrew, unless he or

she has complied with the provisions of subsection (5) of Section

917 of this title. The burden of proof regarding prior service

shall be with the member and shall be documented in such manner as

the Board may direct;

2. Any member who was employed in an institution of higher

learning by a State Board of Regents or who was employed by an

Oklahoma school district prior to July 1, 1943, may receive prior

service credit under Section 901 et seq. of this title for the

period of time they were so employed;

3. Any member who served in the Armed Forces of the United

States, as defined in paragraph (23) of Section 902 of this title,

prior to membership in the Oklahoma Public Employees Retirement

System shall be granted prior service credit, not to exceed five (5)

years, for those periods of active military service during which he

or she was a war veteran. For a member of the System hired on or

after July 1, 2003, if the military service credit authorized by

this paragraph is used to compute the retirement benefit of the

member and the member retires from the System, such military service

credit shall not be used to compute the retirement benefit in any

other retirement system created pursuant to the Oklahoma Statutes

and the member may receive credit for such service only in the

retirement system from which the member first retires;

4. An elective state, county, city or town official who is

ineligible for membership as a result of any applicable state law or

constitutional provision making him or her ineligible solely because

of his or her being such an official at the time of his or her

eligibility for membership at the time his or her employer becomes a

participating employer shall nevertheless not forfeit the prior

service credit to which he or she would be entitled except for such

ineligibility, provided that he or she either:

a. becomes an employee of a participating employer within

four (4) calendar months of the expiration of his or

her term of office current at the time of his or her

eligibility except for his or her being an elective

state or county official,

b. within a period of four (4) years after the expiration

of his or her term of office current at the time of

his or her eligibility except for his or her being an

elective state or county official, is elected as a

state or county official and thereupon becomes a

member of the System, or

Oklahoma Statutes - Title 74. State Government Page 638

c. has completed ten (10) years of credited service as of

the date of his or her eligibility for membership

except for his or her being an elective state or

county official;

5. Beginning July 1, 1965, all employees of the Department of

Human Services shall participate in the Oklahoma Public Employees

Retirement System to the same extent as other employees of

participating employers in such System. Provided, that any employee

performing teaching services in the Oklahoma School for the Deaf or

the Oklahoma School for the Blind may elect to participate in the

Teachers’ Retirement System of Oklahoma in lieu of the Oklahoma

Public Employees Retirement System; and any other employee at each

such institution or any other institution under the jurisdiction of

the Department of Human Services, participating in the Teachers’

Retirement System of Oklahoma, may elect to continue to participate

in such System in lieu of the Oklahoma Public Employees Retirement

System. All employees who shall have participated in the Teachers’

Retirement System of Oklahoma and not continuing therein shall have

the right to withdraw their membership from the Teachers’ Retirement

System of Oklahoma on the same terms as other members withdrawing

from such System before retirement. Provided, all persons employed

at the Oklahoma School for the Blind and Oklahoma School for the

Deaf on June 30, 1965, who became subject to the Oklahoma Public

Employees Retirement System, on July 1, 1965, shall receive credit

for prior service and be eligible for participation, regardless of

age;

6. A member employed as a temporary employee by the Legislative

Service Bureau or its predecessors, the Senate or the House of

Representatives for the full duration of a regular legislative

session prior to the member’s eligibility for membership in the

System shall receive six (6) months of prior service credit for each

such full regular legislative session if the employee is employed by

the Legislative Service Bureau or its predecessors, the Senate or

the House of Representatives as either a full-time or temporary

employee for a minimum of six (6) full regular legislative sessions

beginning January 1, 1983. For purposes of this subsection, the

determination of whether an employee is employed for the full

duration of a regular legislative session shall be made by the

Legislative Service Bureau if such employee is employed by the

Legislative Service Bureau, the Senate if such employee is employed

by the Senate, or by the House of Representatives if such employee

is employed by the House of Representatives;

7. A member of the System shall receive prior service credit

for any years of service after January 1, 1975, the member had with

a participating employer if the member is not receiving or eligible

to receive such prior service credit for the same time in any other

state or county retirement system authorized by law. To receive the

Oklahoma Statutes - Title 74. State Government Page 639

service credit, the member shall pay the amount determined by the

Board pursuant to Section 913.5 of this title; and

8. Any member who is a state employee and receives temporary

total disability benefits during the period of absence with a

participating employer due to a work-related injury or illness

incurred while engaged in a governmental function for the

participating employer pursuant to the Administrative Workers’

Compensation Act shall receive credit for participating service

during such period of absence subject to the following requirements:

a. the member was employed by the participating employer

immediately prior to and during the period of absence,

b. the member must notify the System in writing not later

than four (4) months after the member’s return to his

or her job duties with the participating employer, or

termination of employment with the participating

employer, or termination of the temporary total

disability benefits, whichever is earlier, of the

member’s desire to receive participating service

credit for the period of absence,

c. the participating employer must certify to the System

in writing the dates during which temporary total

disability benefits payments were paid to the member,

and

d. the member and the participating employer shall each

pay their respective contributions required for the

period of absence without interest within sixty (60)

days of invoicing by the System, or with interest of

seven and one-half percent (7 1/2%) compounded

annually if paid after the sixty (60) days.

B. Participating service shall be credited as follows:

1. A member shall receive credit for participating service with

a participating employer in accordance with the rules and

regulations established by the Board; provided, however, that a

member who is not a full-time employee shall receive prorated credit

for actual hours worked;

2. Leaves of absence shall not count as a break in continuous

employment provided the member leaves his or her accumulated

contribution on deposit with the fund; however, the leaves of

absence shall not be credited except that involuntary furloughs

established by Office of Management and Enterprise Services rules,

involuntary furloughs of employees of a district attorney conducted

in substantial compliance with the rules of the Office of Management

and Enterprise Services as certified by the District Attorneys

Council, involuntary furloughs of employees pursuant to a furlough

plan adopted by the President Pro Tempore of the Senate or the

Speaker of the House of Representatives as authorized in Section

Oklahoma Statutes - Title 74. State Government Page 640

840-5.1 of this title and involuntary furloughs of employees

authorized by the Oklahoma Supreme Court shall be credited;

3. Any member who has served in the Armed Forces of the United

States, as defined in paragraph (23) of Section 902 of this title,

shall be granted participating service for those periods of active

military service during which he or she was a war veteran provided

this service is immediately preceded by a period of employment with

a participating employer and is followed by return to employment as

an employee with the same or another participating employer within

ninety (90) days immediately following discharge from such military

service provided the member leaves his or her accumulated

contributions on deposit with the fund. Provided, on or after the

effective date of this act, service granted under this section and

service purchased under Section 913.8 of this title shall not exceed

five (5) years;

4. A period of total disability under the System immediately

followed by employment with a participating employer, shall not

count as a break in continuous employment; provided, that such

periods while not employed shall not be credited except that

involuntary furloughs established by Office of Management and

Enterprise Services Rule 6.13, shall be credited;

5. Termination of employment with a participating employer

followed by employment with the same or another participating

employer within four (4) calendar months shall not constitute a

break in continuous employment; provided, that such period while not

employed shall not be credited as participating service;

6. Provided, however, that all employee contributions required

by Section 901 et seq. of this title made by employees prior to June

30, 1977, will entitle the employee to additional years of

participating service in accordance with the following schedule.

Employee accumulated contributions:

More than $1.00 up to $500 = 1 year participating service

More than $500 up to $1,000 = 2 years participating service

More than $1,000 up to $1,500 = 3 years participating service

More than $1,500 up to $2,000 = 4 years participating service

More than $2,000 = 5 years participating service

In no event shall the employee be entitled to more than five (5)

additional years of participating service as provided hereunder.

Provided further, that upon termination of employment prior to

retirement, the accumulated contributions will be credited as above

indicated to establish a vested benefit if so elected by any such

employee; and

7. a. The total participating service credit of a member who

retires or terminates employment and elects a vested

benefit shall include not to exceed one hundred thirty

(130) days of unused sick leave accumulated subsequent

to August 1, 1959, during the member’s employment with

Oklahoma Statutes - Title 74. State Government Page 641

any participating employer. Such credit shall be

added in terms of whole months. Twenty (20) days of

unused sick leave shall equal one (1) month for

purposes of participating service credit. If unused

sick leave entitles a member to an additional year of

service credit, the member’s employer shall reimburse

the System for the cost of funding the additional

benefit. For members who join the System on or after

November 1, 2012, if unused sick leave entitles a

member to any additional service credit, the member’s

employer shall reimburse the System for the cost of

funding the additional benefit. Each participating

employer shall provide the System with adequate and

timely information necessary to determine additional

benefits and its cost under this paragraph. This

subparagraph shall apply to members retiring or

vesting on or after July 1, 1984.

b. For members who join the System on or after November

1, 2012, unused sick leave as set forth in

subparagraph a of this paragraph shall be credited at

the same rate but not used to round up to another

year. Instead, any additional months of unused sick

leave credit shall be added to other service credit

without rounding.

C. In determining the number of years of credited service, a

fractional year of six (6) months or more shall be considered as one

(1) year, and less than six (6) months shall be disregarded. For

members who join the System on or after November 1, 2012, the number

of years of credited service shall be based on actual years and full

months of credited service without rounding up or down.

D. A member may receive credit for those years of credited

service accumulated by the member while a member of the Oklahoma

Firefighters Pension and Retirement System, the Oklahoma Police

Pension and Retirement System, the Uniform Retirement System for

Justices and Judges, the Oklahoma Law Enforcement Retirement System,

or the Teachers’ Retirement System of Oklahoma, if the member is not

receiving or eligible to receive retirement credit or benefits from

such service in any other public retirement system. To receive the

service credit, the member shall pay the amount determined by the

Board pursuant to Section 913.5 of this title.

E. A member may receive credit for those years of service

accumulated by the member as an elected official if the member is

not receiving or eligible to receive retirement credit or benefits

from such service in any public retirement system. Prior to January

1, 1991, to receive the service credit, the member shall pay to the

Board for each year of service purchased pursuant to this subsection

a sum equal to the employee and employer contribution rate that

Oklahoma Statutes - Title 74. State Government Page 642

would have been applicable to the member as determined by the Board

and interest not to exceed five percent (5%), and effective January

1, 1991, to receive the service credit, the member shall pay the

amount determined by the Board pursuant to Section 913.5 of this

title.

F. Effective December 12, 1994, and thereafter, a leave of

absence on account of a period of qualified military service in the

uniformed services of the United States within the meaning of

Section 414(u)(5) of the federal Internal Revenue Code, followed by

a return to employment with the participating employer within ninety

(90) days after completion of the period of service may be eligible

for credited service under this System. Notwithstanding any

provision of this plan to the contrary, contributions, benefits and

service credit with respect to qualified military service will be

allowed in accordance with Section 414(u) of the federal Internal

Revenue Code.

G. 1. An active member of the Oklahoma Public Employees

Retirement System may receive credit for those years of service

accumulated by the member while a member of the Teachers’ Retirement

System of Oklahoma if:

a. the member is an active member of the Oklahoma Public

Employees Retirement System,

b. the member provides notice to the Teachers’ Retirement

System of Oklahoma and the Oklahoma Public Employees

Retirement System of the member’s election to transfer

such retirement credit. The notice shall include a

list of the years to be transferred, and

c. the member is not receiving or eligible to receive

retirement credit or benefits from such service in any

other public retirement system, notwithstanding the

years of service sought to be transferred under this

subsection.

Members electing to take advantage of the transfer authorized by

this subsection who are receiving or eligible to receive retirement

credit or benefits from such service in any other public retirement

system shall have all service credit with the Teachers’ Retirement

System of Oklahoma canceled which is not transferred to the Oklahoma

Public Employees Retirement System or used as a cash offset in such

a transfer pursuant to subparagraph d of paragraph 2 of this

subsection. Service credit transferred to the Teachers’ Retirement

System of Oklahoma under this subsection shall also be canceled with

the Oklahoma Public Employees Retirement System.

2. For purposes of this subsection, the “sending system” shall

mean the Teachers’ Retirement System of Oklahoma. The “receiving

system” shall mean the Oklahoma Public Employees Retirement System.

a. Within thirty (30) days after notification of an

intent to transfer is received by the sending system,

Oklahoma Statutes - Title 74. State Government Page 643

the sending system shall, according to its own rules

and regulations:

(1) for members who have vested with the sending

system, determine the present value of the

member’s earned benefits attributable to the

years of service sought to be transferred,

discounted according to the member’s age at the

time of transfer and computed as of the earliest

age at which the member would be able to retire.

Such computation shall assume an unreduced

benefit and be computed using interest and

mortality assumptions consistent with the

actuarial assumptions adopted by the Board of

Trustees for purposes of preparing the annual

actuarial evaluation but shall not make any

projections regarding future salary. For vested

employees the sending system shall use the

product of this calculation for purposes of

determining the transfer fee to be paid by the

employee under subparagraph c of this paragraph

so long as it is greater than the product of the

calculation in this division, and

(2) determine the sum of the employee and employer

contributions applicable to the years of service

sought to be transferred plus interest consistent

with the actuarial assumptions adopted by the

Board of Trustees for purposes of preparing the

annual actuarial evaluation. For all nonvested

members, and for vested members if the product of

this calculation is greater than the product of

the calculation in division (1) of this

subparagraph, the sending system shall use the

product of this calculation for purposes of

determining the amount to be transferred by the

sending system under subparagraph c of this

paragraph and any transfer fee to be paid by the

members under subparagraph d of this paragraph.

b. Within thirty (30) days after notification of an

intent to transfer is received by the receiving

system, the receiving system shall determine,

according to the system’s own rules and regulations,

the present value of the member’s incremental

projected benefits discounted according to the

member’s age at the time of the transfer. Incremental

projected benefits shall be the difference between the

projected benefit the member would receive without

transferring the service credit and the projected

Oklahoma Statutes - Title 74. State Government Page 644

benefit after transfer of service credit computed as

of the earliest age at which the member would be able

to retire. Such computation shall assume an unreduced

benefit and be computed using interest, salary

projections and mortality assumptions consistent with

the actuarial assumptions adopted by the Board of

Trustees for purposes of preparing the annual

actuarial evaluation.

c. The sending system shall, within sixty (60) days from

the date notification of an intent to transfer is

received by the sending system, transfer to the

receiving system the amount determined in subparagraph

a of this paragraph. Except, if the cost under

subparagraph a of this paragraph for the same years of

service to the sending system is greater than the

actuarial value of the incremental benefit in the

receiving system, as established in subparagraph b of

this paragraph, the sending system shall send the

receiving system an amount equal to the actuarial

value of the incremental projected benefit in the

receiving system.

d. In order to receive the credit provided for in

paragraph 1 of this subsection, if the cost of the

actuarial value of the incremental benefit to the

receiving system is greater than the cost as

calculated under subparagraph a of this paragraph for

the same years of service to the sending system as

established in subparagraphs a and b of this

paragraph, the employee shall elect to:

(1) pay any difference to receive full credit for the

years sought to be transferred, or

(2) receive prorated service credit for only the

amount received from the Teachers’ Retirement

System of Oklahoma pursuant to this subsection.

Such an election shall be made in writing, filed with

the System prior to receiving the credit provided for

in paragraph 1 of this subsection, and shall be

irrevocable.

3. Within sixty (60) days of successfully completing all of the

requirements for transfer under this subsection, the sending system

shall pay the receiving system any amount due under this subsection.

Within sixty (60) days of successfully completing all of the

requirements for transfer under this subsection, the member shall

pay the receiving system any amount due under this subsection. In

the event that the member is unable to pay the transfer fee provided

for in this subsection by the due date, the Board of Trustees of the

receiving system shall permit the member to amortize the transfer

Oklahoma Statutes - Title 74. State Government Page 645

fee over a period not to exceed sixty (60) months. The payments

shall be made by payroll deductions unless the Board of Trustees

permits an alternate payment source. The amortization shall include

interest in an amount not to exceed the actuarially assumed interest

rate adopted by the Board of Trustees for investment earnings each

year. Any member who ceases to make payment, terminates, retires or

dies before completing the payments provided for in this section

shall receive prorated service credit for only those payments made,

unless the unpaid balance is paid by the member, his or her estate

or successor in interest within six (6) months after the member’s

death, termination of employment or retirement; provided, no

retirement benefits shall be payable until the unpaid balance is

paid, unless said member or beneficiary affirmatively waives the

additional six-month period in which to pay the unpaid balance.

4. Years of service transferred pursuant to this subsection

shall be used both in determining the member’s retirement benefit

and in determining the years of service for retirement and/or

vesting purposes. Years of service rendered as a member of the

Teachers’ Retirement System of Oklahoma prior to July 1, 1992, if

any, shall be deemed to be years of service rendered as a member of

the Oklahoma Public Employees Retirement System prior to July 1,

1992, and shall qualify such person as a member of the Oklahoma

Public Employees Retirement System before July 1, 1992.

5. Notwithstanding the requirements of Section 17-104 of Title

70 of the Oklahoma Statutes, members electing to take advantage of

the transfer authorized by this subsection who have withdrawn their

contributions from the sending system shall remit to the sending

system the amount of the accumulated contributions the member has

withdrawn plus simple interest of ten percent (10%) per annum prior

to making such election or the election shall be deemed invalid and

the transfer shall be canceled. If such an election is deemed

invalid and the transfer is canceled, the accumulated contribution

remitted to the sending system by the member who originally withdrew

their contributions shall be returned to the member. The member’s

rights and obligations regarding any service credit reestablished in

the sending system due to a failure to satisfy the requirements of

this subsection shall be determined by the sending system in

accordance with Section 17-101 et seq. of Title 70 of the Oklahoma

Statutes.

6. If any member fails for any reason to satisfy the

requirements of this subsection, the election to transfer retirement

credit shall be void and of no effect, and any retirement credited

as a result of this transfer shall be canceled. If such retirement

credit is canceled, the years of canceled retirement credit which

were unsuccessfully transferred to the receiving system from the

sending system shall be reestablished in the sending system. The

member’s rights and obligations regarding any retirement credit

Oklahoma Statutes - Title 74. State Government Page 646

reestablished in the sending system due to a failure to satisfy the

requirements of this subsection shall be determined by the sending

system in accordance with Section 17-101 et seq. of Title 70 of the

Oklahoma Statutes.

7. The Board of Trustees shall promulgate such rules as are

necessary to implement the provisions of this subsection.

H. 1. A member of the Teachers’ Retirement System of Oklahoma

whose last service with the Teachers’ Retirement System of Oklahoma

was with an entity or institution within The Oklahoma State System

of Higher Education, State Board of Education, State Board of Career

and Technology Education, Oklahoma Department of Career and

Technology Education, Oklahoma School of Science and Mathematics,

Oklahoma Center for the Advancement of Science and Technology, State

Department of Rehabilitation Services, Oklahoma State Regents for

Higher Education, Department of Corrections, State Department of

Education, Oklahoma Board of Private Vocational Schools, Board of

Regents of Oklahoma Colleges, Oklahoma Student Loan Authority, or

the Teachers’ Retirement System of Oklahoma, may elect to receive

credit for those years of service accumulated by the member in the

Teachers’ Retirement System of Oklahoma, pursuant to this

subsection. A member shall be eligible to elect to transfer credit

for such years of service from the Teachers’ Retirement System of

Oklahoma to the Oklahoma Public Employees Retirement System if:

a. the member is an active member of the Oklahoma Public

Employees Retirement System,

b. the member provides notice to the Teachers’ Retirement

System of Oklahoma and the Oklahoma Public Employees

Retirement System of the member’s election to transfer

such retirement credit. The notice shall include a

list of the years to be transferred, and

c. the member is not receiving or eligible to receive

retirement credit or benefits from such service in any

other public retirement system, notwithstanding the

years of service sought to be transferred under this

subsection.

Members electing to take advantage of the transfer authorized by

this subsection shall have all service credit with the Teachers’

Retirement System of Oklahoma canceled which is transferred to the

Oklahoma Public Employees Retirement System.

2. For purposes of this subsection, the “sending system” shall

mean the Teachers’ Retirement System of Oklahoma. The “receiving

system” shall mean the Oklahoma Public Employees Retirement System.

Within thirty (30) days after notification of an intent to transfer

is received by the sending system, the sending system shall,

according to its own rules, send to the receiving system all

employer and employee contributions made on behalf of the member

which were made to the sending system plus an additional amount of

Oklahoma Statutes - Title 74. State Government Page 647

earnings based on the actuarial assumed rate of the sending system.

Upon receipt of these contributions by the receiving system, the

receiving system shall give credit to the transferring member in an

amount equal to the years of service accrued in the sending system.

3. If the transferring member’s normal retirement date

calculation is based upon the sum of the member’s age and number of

years of credited service totaling eighty (80) in the sending

system, then the member shall retain such calculation in the

receiving system.

4. The Board of Trustees shall promulgate such rules as are

necessary to implement the provisions of this subsection.

I. A member of the System in the employment of the Governor,

the Senate or the House of Representatives, on or after July 1,

1999, may make an election prior to December 31, 2000, which shall

be irrevocable and on a form prescribed for such purpose by the

System, to continue participation in the System upon becoming

employed by a participating employer of the Teachers’ Retirement

System of Oklahoma. The Board shall promulgate all rules necessary

to implement the provisions of this subsection.
Okla. Stat. tit. 74, § 74-901 — OK Code / Title 74 / Section 74-901
Purpose – Establishment as qualified governmental
Status: in_force

retirement plan under federal law.

Oklahoma Statutes - Title 74. State Government Page 591

A. The purpose of this act is to provide an orderly means

whereby employees of the participating employers who qualify by

reason of age, or condition, and service, as herein set forth, may

be transferred to inactive service without prejudice and without

inflicting undue hardship upon the employees transferred, and to

enable such employees to accumulate deferred income reserves for

themselves and their dependents to provide for old age, death, and

inactive service, and for the purpose of effecting economy and

efficiency in the administration of governmental affairs.

B. The System is established as a qualified governmental

retirement plan under Sections 401(a) and 414(d) of the federal

Internal Revenue Code. The Board shall administer the System in

order to comply with the applicable provisions of the federal

Internal Revenue Code.
Okla. Stat. tit. 74, § 74-840-2.23 — OK Code / Title 74 / Section 74-840-2.23
State leave-sharing program eligibility – Leave of
Status: in_force

Last Resort Bank.

A. There is hereby created the state leave sharing program.

The purpose of the state leave sharing program is to permit state

employees to donate annual or sick leave to a fellow state employee

who has exhausted, or will exhaust, all types of paid leave and:

1. Who is eligible for and requires family leave pursuant to

the provisions of the Family and Medical Leave Act, 29 U.S.C., 2601

et seq.;

2. Who is suffering from or has a relative or household member

suffering from an extraordinary or severe illness, injury,

Oklahoma Statutes - Title 74. State Government Page 541

impairment, or physical or mental condition which has caused or is

likely to cause the employee to take leave without pay or terminate

employment; or

3. Immediately after the death of a relative or household

member; provided that the total leave received for this purpose

shall not exceed five (5) days in any calendar year.

B. As used in this section:

1. "Relative of the employee" shall be limited to the spouse,

child, stepchild, grandchild, grandparent, stepparent, or parent of

the employee;

2. "Household members" means those persons who reside in the

same home, who have reciprocal duties to and do provide financial

support for one another. This term shall include foster children

and legal wards even if they do not live in the household. The term

does not include persons sharing the same general house, when the

living style is primarily that of a dormitory or commune;

3. "Severe" or "extraordinary" means extreme or life-

threatening;

4. "State employee" means an employee with one (1) year or more

continuous service with the state. For the purposes of the state

leave sharing program, employees who are afforded protections under

the Civil Service and Human Capital Modernization Act and

administrative rules and exempted employees are eligible to

participate; and

5. "Terminal" means likely to result in death within two (2)

calendar years.

C. An employee may be eligible to receive shared leave pursuant

to the following conditions:

1. The chief administrative officer of the employee determines

that the employee meets the criteria described in this section; and

2. The employee has abided by state policies regarding the use

of leave.

D. An employee may not donate annual or sick leave to an

eligible employee without the permission of the chief administrative

officer of the donating employee's agency.

E. An employee may donate annual or sick leave to another

employee provided the donation does not cause the annual leave

balance of the employee to fall below eighty (80) hours and provided

the donation does not cause the sick leave balance of the employee

to fall below eighty (80) hours.

F. Except as otherwise provided for in this subsection, the

chief administrative officer of the employee shall determine the

amount of donated leave an employee may receive and may authorize an

employee to use up to a maximum of two hundred sixty-one (261) days

of donated leave during total state employment. If the employee is

suffering from an illness which has been certified in writing by a

licensed physician or health care practitioner as being terminal and

Oklahoma Statutes - Title 74. State Government Page 542

the employee who either has reached or shall reach in the near

future the maximum amount as set out in this subsection, the chief

administrative officer of the employee may approve additional

donated leave upon written request of the employee.

G. The chief administrative officer of the employee shall

require the employee to submit, prior to approval or disapproval of

shared leave pursuant to paragraph 1 of subsection A of this

section, a medical certificate from a licensed physician or health

care practitioner verifying the need for the leave and expected

duration of the illness, injury, impairment, or physical or mental

condition for which the leave is donated.

H. Donated annual or sick leave shall be transferable between

employees in different state entities. State entities shall allow

employees to receive donated annual or sick leave from employees

within their employing entity and different state entities;

provided, that the employee shall first exhaust all available leave

options within the state entity of the employee.

I. Donated annual or sick leave is transferable between

employees on an hour-to-hour basis irrespective of the hourly wage

of the donating or receiving employee.

J. Any donated leave may only be used by the recipient for the

purposes specified in this section.

K. All forms of paid leave available for use by the recipient

must be used prior to using donated leave.

L. Any donated leave not used by the recipient during each

occurrence as determined by the chief administrative officer of the

employee shall be returned to the donor. The donated leave

remaining will be divided among the donors on a prorated basis based

on the original donated value and returned at its original donor

value and reinstated to the original leave balance of each donor.

M. All donated leave must be given voluntarily. No employee

shall be coerced, threatened, intimidated, or financially induced

into donating annual or sick leave for purposes of the leave sharing

program.

N. Except as provided by subsection P of this section,

employees may not donate annual or sick leave that the donor would

not be able to otherwise take.

O. The Human Capital Management Division of the Office of

Management and Enterprise Services shall designate an employee to

serve as the shared leave liaison. If a qualifying employee is

unable to obtain the necessary number of donated leave hours from

his or her employing entity, he or she may contact the shared leave

liaison. The shared leave liaison shall have the following

responsibilities:

1. To inform all state agencies of the requirements of this

section;

Oklahoma Statutes - Title 74. State Government Page 543

2. To inform all state employees of the rights afforded under

this section;

3. To ensure an employee requesting shared leave from other

state entities meets the criteria set forth in this section;

4. To coordinate outreach efforts within the employing agency

and to other state entities to obtain all necessary hours of shared

leave for the employee;

5. To ensure an employee has exhausted all sources of shared

leave both within his or her employing entity and other state

entities before requesting leave from the Leave of Last Resort Bank;

and

6. To coordinate leave requested from the Leave of Last Resort

Bank.

P. There is hereby created a Leave of Last Resort Bank. In the

event a qualifying employee is unable to secure shared leave from

employees within his or her employing entity or within a different

entity, an employee may request leave from the Leave of Last Resort

Bank. The Leave of Last Resort Bank shall be administered by the

Human Capital Management Division of the Office of Management and

Enterprise Services.

1. The Leave of Last Resort Bank shall be funded by voluntary

donations of annual and sick leave from employees retiring from or

leaving state service.

2. Upon retirement or the final day of state service, an

employee shall elect, in writing, whether any of his or her annual

or sick leave shall be deposited into the Leave of Last Resort Bank.

Q. The Office of Management and Enterprise Services shall

promulgate rules and regulations as necessary to carry out the

provisions of this section.
Okla. Stat. tit. 74, § 74-85.45q — OK Code / Title 74 / Section 74-85.45q
Definitions
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 197

As used in the Oklahoma Online Bidding Act:

1. "Construction" shall be defined as provided by Section 202

of Title 61 of the Oklahoma Statutes for online bids subject to the

Public Facilities Act;

2. "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,

negotiation, preparation and award of contracts, and all phases of

contract administration;

3. "State agencies" or "agencies" shall be defined as state

agency is defined in Section 85.2 of this title 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 Facilities Act;

4. "Online bidding" means an electronic procurement process in

which state agencies receive bids over the Internet in a real-time,

competitive bidding event; and

5. "Solicitation" shall be defined as provided in Section 85.2

of this title.
Okla. Stat. tit. 74, § 74-152.6 — OK Code / Title 74 / Section 74-152.6
Certain peace officers authorized to stop certain
Status: in_force

vehicles - Taking samples and inspecting load ticket - Presumption

of unlawful cargo.

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

Oklahoma Statutes - Title 74. State Government Page 331

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.

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.

C. Such patrolmen, agents, sheriffs or peace officers may take

samples of the cargo of such vehicle if the vehicle has an out-of-

state destination as indicated on its load ticket or if no

destination is indicated on the load ticket.

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:

1. The person transporting oil or gas or salt water fails to

produce the load ticket upon proper request therefor;

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

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.
Okla. Stat. tit. 74, § 74-231 — OK Code / Title 74 / Section 74-231
Bureau created
Status: in_force

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.
Okla. Stat. tit. 74, § 74-212 — OK Code / Title 74 / Section 74-212
Duties and powers - Deputies - Audit of books of
Status: in_force

subdivisions of state - Cost of examination.

A. STATE TREASURER AND OKLAHOMA TAX COMMISSION

1. The State Treasurer shall prepare annual financial

statements in accordance with the reporting requirements set forth

by the Governmental Accounting Standards Board (GASB). The State

Treasurer shall prescribe and implement sound internal control,

accounting and recordkeeping practices consistent with and to

Oklahoma Statutes - Title 74. State Government Page 370

facilitate compliance with all reporting requirements as set forth

by law.

2. The annual financial statements of the State Treasurer shall

be delivered by the State Treasurer to the State Auditor and

Inspector within ninety (90) calendar days after the close of the

state fiscal year.

3. The State Auditor and Inspector shall perform an audit of

the annual financial statements of the State Treasurer 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 State Auditor and

Inspector shall conduct unannounced cash audits of the State

Treasury at least once each quarter.

4. The audit of the Tax Commission shall be an operational

audit performed annually. To the extent of the amount included in

the Tax Commission's appropriation, the Tax Commission shall pay the

expenses of the audit including personal services, equipment and

supplies, from the appropriation.

B. STATE AGENCIES

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.

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.

3. As used in this section, "state agency" means every agency,

board, or commission included in the primary government of the State

Oklahoma Statutes - Title 74. State Government Page 371

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.

4. As used in this subsection, "audit" means any of the

following:

a. "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,

b. "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,

c. "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,

d. "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,

e. any other type of engagement conducted in accordance

with Government Auditing Standards, and

Oklahoma Statutes - Title 74. State Government Page 372

f. engagements not conducted in accordance with

Government Auditing Standards, when engagements

involve state agencies that collect less than Three

Million Dollars ($3,000,000.00) annually.

C. GUBERNATORIAL REQUEST

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.

D. COUNTY TREASURER

The State Auditor and Inspector shall examine without notice all

books and accounts of each county treasurer of the state twice each

year.

E. DISTRICT ATTORNEYS

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.

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.

F. DEPARTMENT OF CORRECTIONS

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.

G. OKLAHOMA EMPLOYEES INSURANCE AND BENEFITS BOARD

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,

Oklahoma Statutes - Title 74. State Government Page 373

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.

H. DISTRICT ATTORNEY REQUEST

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.

I. COUNTY OFFICERS BY REQUEST

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.

J. AUDITORS

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.

K. EXAMINATION OF LEVIES

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.

L. PETITION AUDITS

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.

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 general election. If the subdivision is a public

Oklahoma Statutes - Title 74. State Government Page 374

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.

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.

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.

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.

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.

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

Oklahoma Statutes - Title 74. State Government Page 375

encumbered funds shall be made as work progresses, and final payment

shall be made on or before its publication.

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.

M. PENALTIES FOR NONPAYMENT

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.

R.L. 1910, § 8119. Amended by Laws 1939, p. 63, § 1, emerg. eff.

May 9, 1939; Laws 1979, c. 30, § 138, emerg. eff. April 6, 1979;
Okla. Stat. tit. 74, § 74-452.5 — OK Code / Title 74 / Section 74-452.5
Assistance and cooperation of state entities
Status: in_force

The officials and employees of all entities of the state are

hereby directed to aid, assist and cooperate fully with the

Legislative Service Bureau in its performance of all audits and

other functions.
Okla. Stat. tit. 74, § 74-326.4 — OK Code / Title 74 / Section 74-326.4
Written certification of testing and performance –
Status: in_force

Oklahoma Fire Safe Cigarette directory – Recertification – Fee –

Enforcement fund – Altered cigarettes.

A. Each manufacturer shall submit to the State Fire Marshal a

written certification attesting that:

1. Each cigarette listed in the certification has been tested

in accordance with Section 3 of this act; and

2. Each cigarette listed in the certification meets the

performance standard set forth in Section 3 of this act.

B. Each cigarette listed in the certification shall be

described with the following information:

1. Brand, or trade name on the package;

2. Style, such as lights, ultralights, or low tar;

3. Length in millimeters;

4. Circumference in millimeters;

5. Flavor, such as menthol or chocolate, if applicable;

6. Filter or nonfilter;

7. Package description, such as soft pack or box;

8. Marking pursuant to Section 5 of this act;

Oklahoma Statutes - Title 74. State Government Page 430

9. The name, address and telephone number of the laboratory, if

different than the manufacturer that conducted the test; and

10. The date that the testing occurred.

C. The certifications shall be made available to the Attorney

General for purposes consistent with this act and the Tax Commission

for the purposes of ensuring compliance with this section. No later

than January 31, 2009, the Office of the Oklahoma State Fire Marshal

shall develop and make available for public inspection, on its web

site and in such other forms as the State Fire Marshal deems

appropriate, an Oklahoma Fire Safe Cigarette directory of all

certified cigarettes under this act. The State Fire Marshal’s

directory shall be provided to the Attorney General no later than

January 31, 2009. The State Fire Marshal shall update the directory

as necessary to keep the directory current and in conformity with

the requirements of this act and shall provide all updates to the

Attorney General. The directory shall also include a list of

cigarettes exempted pursuant to paragraph 3 of subsection H of

Section 3 of this act. A wholesale or retail dealer shall consider

any cigarette listed on the State Fire Marshal’s web site to be

lawful to sell in this state for purposes of the wholesale or retail

dealer’s compliance with this act, unless the wholesale or retail

dealer has actual knowledge that the cigarette does not comply.

D. Each cigarette certified under this section shall be

recertified every three (3) years. Initial cigarette certifications

may be made at any time.

E. At the time it submits a written certification under this

section, a manufacturer shall pay to the State Fire Marshal a fee of

One Thousand Dollars ($1,000.00) for each brand family of cigarettes

listed in the certification. The fee paid shall apply to all

cigarettes within the brand family certified, and shall include any

new cigarette certified within the brand family during the three-

year certification period.

F. There is established in the State Treasury a separate,

nonlapsing fund to be known as the “Fire Safety Standard and

Firefighter Protection Act Enforcement Fund”. The fund shall

consist of all certification fees submitted by manufacturers, and

shall, in addition to any other monies made available for such

purpose, be available to the State Fire Marshal solely to support

processing, testing, enforcement and oversight activities under this

act.

G. If a manufacturer has certified a cigarette pursuant to this

section, and thereafter makes any change to such cigarette that is

likely to alter its compliance with the reduced cigarette ignition

propensity standards required by this act, that cigarette shall not

be sold or offered for sale in this state until the manufacturer

retests the cigarette in accordance with the testing standards set

forth in Section 3 of this act and maintains records of that

Oklahoma Statutes - Title 74. State Government Page 431

retesting as required by Section 3 of this act. Any alteredOklahoma Statutes - Title 74. State Government Page 15igarette ignition

propensity standards required by this act, that cigarette shall not

be sold or offered for sale in this state until the manufacturer

retests the cigarette in accordance with the testing standards set

forth in Section 3 of this act and maintains records of that

Oklahoma Statutes - Title 74. State Government Page 431

retesting as required by Section 3 of this act. Any altered

cigarette which does not meet the performance standard set forth in

Section 3 of this act may not be sold in this state.
Okla. Stat. tit. 74, § 74-3402 — OK Code / Title 74 / Section 74-3402
Definitions
Status: in_force

As used in this act:

1. Kickback means the giving of money or any other thing of

value either directly or indirectly by or on behalf of any person,

or the agent of any person, holding a contract or bidding to obtain

a contract with the state for the furnishing of goods or services of

any kind to any state employee or any person holding a higher tier

contract with the state for the furnishing of goods or services,

when the giving of which is for the purpose of acquiring or holding

such contract with the state;

2. Person means an individual, firm, partnership, foreign or

domestic corporation or association or any employee thereof;

3. State means the State of Oklahoma or any office, department,

board, bureau, commission, committee, authority or any other entity

or political subdivision of the state which includes, but is not

limited to municipalities, counties and school boards; and

4. State employee means any elected or appointed officer or

employee of the state.
Okla. Stat. tit. 74, § 74-5074 — OK Code / Title 74 / Section 74-5074
Director - Powers and duties
Status: in_force

The Director of the Oklahoma Department of Commerce shall have

the power and authority to carry out the following functions:

1. Solicit support and participation of public and private

agencies, universities and other institutions for the purposes of

establishing and operating incubators;

2. Assemble, publish and disseminate information to potential

sponsors and tenants in this state regarding small business

opportunities, techniques for forming incubators, sources of public

and private assistance and sources of related financing;

3. Organize, host and participate in seminars and other forums

designed to disseminate information and technical assistance

regarding incubators to small businesses in this state; 4. Review

and approve applications from potential sponsors which seek to

qualify for exemption from state income tax pursuant to Sections 5

and 6 of this act; and

5. Establish a volunteer, local advisory committee, consisting

of representatives from business and administrators at educational

institutions and other groups, to assist in the performance of these

functions.
Okla. Stat. tit. 74, § 74-9074 — OK Code / Title 74 / Section 74-9074
Financing order
Status: in_force

A. Upon the determination that a regulated utility has extreme

purchase costs, extraordinary costs or both that are subject to this

act and may be mitigated by issuing ratepayer-backed bonds, the

Oklahoma Corporation Commission shall make necessary findings and

conclusions to result in a financing order under this act, either in

the same order or through a continued or separate proceeding. The

financing order shall include, but not be limited to, the following:

1. The quantified amount of extreme purchase costs and

extraordinary costs to be recovered using a financial instrument;

2. The maturity or range of maturities of bonds authorized to

be issued, and a corresponding amortization period of customer

charges, subject to reasonable provisions for true-up and

reconciliation, with any authorized maturity not to exceed thirty

(30) years;

3. The creation of an irrevocable and nonbypassable mechanism

under which the regulated utility will recover from customers an

amount necessary to service, repay and administer the ratepayer-

backed bonds. A customer's monthly billing charges collected

pursuant to the nonbypassable mechanism established under a

financing order shall be based upon the then-current monthly billing

of the customer and shall be a separate line-item on the monthly

bill of the customer. The nonbypassable mechanism shall include

procedures for receiving accounting information from the Oklahoma

Development Finance Authority and calculating factors to be applied

to customer bills. The mechanism shall remain in effect until the

complete repayment and retirement of any ratepayer-backed bonds, or

refunding bonds, authorized under the financing order;

4. The frequency of true-up and reconciliation of the customer

repayment revenues collected through the nonbypassable mechanism,

whether on a monthly, quarterly or semiannual basis;

5. The method by which the customer repayment charges will be

allocated among the various customer classes; and

6. The requirement that all funds received under the

irrevocable and nonbypassable mechanism be provided immediately to

the holder of securitization property pursuant to Section 6 of this

act for the purpose of repaying, servicing and administering the

ratepayer-backed bonds authorized by the financing order.

Oklahoma Statutes - Title 74. State Government Page 1257

B. Prior to issuing a financing order, the Commission shall

consult with the Deputy Treasurer for Policy and Debt Management

regarding the marketability and efficiency of any proposed financing

authorized by a financing order.

C. The Commission shall issue an order no later than one

hundred eighty (180) days from the date the Commission receives all

necessary information and documentation pursuant to Section 4 of

this act.

D. On the same date a financing order is issued, a copy of the

order shall be delivered to the Governor, the President Pro Tempore

of the Senate, the Speaker of the House of Representatives and the

Oklahoma Development Finance Authority.

E. A financing order shall be effective immediately upon

issuance.

F. A financing order shall not be subject to any form of

rehearing after thirty (30) days from the issuance of the order,

subject to appeals pursuant to Section 20 of Article IX of the

Oklahoma Constitution.

G. Upon entering a financing order under this act, a regulated

utility shall not recover the extreme purchase costs and

extraordinary costs identified and quantified in the financing order

from customers except through the transfer of securitization

property as provided in Section 6 of this act in exchange for the

proceeds of a bond issuance, which shall offset and complete the

recovery of extreme purchase costs and extraordinary costs for the

regulated utility.

H. Upon the issuance of any financing order pursuant to this

section, the periodic determination of factors for customer

collection with true-up and reconciliation authorized by the

financing order shall not be removed, adjusted or interrupted by any

other regulatory determination of the Commission except where

adjustments are warranted as a result of an audit of amounts

actually collected from customers and provided to the Authority or

where insurance proceeds, government grants or other funding sources

offset or reduce the amount of extreme purchase costs and

extraordinary costs to be recovered from customers. No adjustments

shall in any manner impair or prevent the collection of sufficient

revenues to service and repay ratepayer-backed bonds.

I. No ratepayer-backed bonds authorized in a financing order,

except for refunding obligations authorized under subsection D of

Section 8 of this act, may be issued more than twenty-four (24)

months after issuance of the financing order pursuant to this

section.
Okla. Stat. tit. 74, § 74-909.2 — OK Code / Title 74 / Section 74-909.2
Duties of fiduciaries
Status: in_force

A. A fiduciary with respect to the Oklahoma Public Employees

Retirement System shall not cause the System to engage in a

transaction if the fiduciary knows or should know that such

transaction constitutes a direct or indirect:

1. Sale or exchange, or leasing of any property from the System

to a party in interest for less than adequate consideration or from

a party in interest to the System for more than adequate

consideration;

2. Lending of money or other extension of credit from the

System to a party in interest without the receipt of adequate

security and a reasonable rate of interest, or from a party in

interest to the System with provision of excessive security or an

unreasonably high rate of interest;

3. Furnishing of goods, services or facilities from the System

to a party in interest for less than adequate consideration, or from

a party in interest to the System for more than adequate

consideration; or

Oklahoma Statutes - Title 74. State Government Page 627

4. Transfer to, or use by or for the benefit of, a party in

interest of any assets of the System for less than adequate

consideration.

B. A fiduciary with respect to the Oklahoma Public Employees

Retirement System shall not:

1. Deal with the assets of the System in the fiduciary's own

interest or for the fiduciary's own account;

2. In the fiduciary's individual or any other capacity act in

any transaction involving the System on behalf of a party whose

interests are adverse to the interests of the System or the

interests of its participants or beneficiaries; or

3. Receive any consideration for the fiduciary's own personal

account from any party dealing with the System in connection with a

transaction involving the assets of the System.

C. A fiduciary with respect to the Oklahoma Public Employees

Retirement System may:

1. Invest all or part of the assets of the System in deposits

which bear a reasonable interest rate in a bank or similar financial

institution supervised by the United States or a state, if such bank

or other institution is a fiduciary of such plan; or

2. Provide any ancillary service by a bank or similar financial

institution supervised by the United States or a state, if such bank

or other institution is a fiduciary of such plan.

D. A person or a financial institution is a fiduciary with

respect to the Oklahoma Public Employees Retirement System to the

extent that the person or the financial institution:

1. Exercises any discretionary authority or discretionary

control respecting management of the Oklahoma Public Employees

Retirement System or exercises any authority or control respecting

management or disposition of the assets of the System;

2. Renders investment advice for a fee or other compensation,

direct or indirect, with respect to any monies or other property of

the System, or has any authority or responsibility to do so; or

3. Has any discretionary authority or discretionary

responsibility in the administration of the System.

E. In addition to any other prohibitions contained in this

section, the Board may not engage in a transaction prohibited by

Section 503(b) of the federal Internal Revenue Code.
Okla. Stat. tit. 74, § 74-180 — OK Code / Title 74 / Section 74-180
Renumbered as Title 10, § 418 by Laws 1982, c. 312, § 48,
Status: in_force

emerg. eff. May 28, 1982.
Okla. Stat. tit. 74, § 74-12003 — OK Code / Title 74 / Section 74-12003
List of financial companies that boycott energy
Status: in_force

companies.

A. 1. The Treasurer shall prepare and maintain and provide to

each state governmental entity a list of financial companies that

boycott energy companies. In maintaining the list, the Treasurer

may:

a. review and rely, as appropriate in the Treasurer's

judgment, on publicly available information regarding

financial companies including information provided by

the state, nonprofit organizations, research firms,

international organizations, and governmental

entities, and

b. request written verification from a financial company

that it does not boycott energy companies and rely, as

appropriate in the Treasurer's judgment and without

conducting further investigation, research, or

inquiry, on a financial company's written response to

the request.

2. A financial company that fails to provide to the Treasurer a

written verification under subparagraph b of paragraph 1 of this

subsection before the sixty-first day after receiving the request

from the Treasurer is presumed to be boycotting energy companies.

3. The Treasurer shall update the list annually or more often

as the Treasurer considers necessary, but not more often than

quarterly, based on information from, among other sources, those

listed in subparagraph a of paragraph 1 of this subsection.

4. Not later than the thirtieth day after the date the list of

financial companies that boycott energy companies is first provided

or updated, the Treasurer shall file the list with the presiding

officer of each house of the Legislature and the Attorney General

and post the list on a publicly available Internet website.

5. The Treasurer may retain third-party consultants to assist

in the implementation of the provisions of this act.

B. Not later than the thirtieth day after the date a state

governmental entity receives the list provided under paragraph 1 of

subsection A of this section, the state governmental entity shall

notify the Treasurer of the listed financial companies in which the

state governmental entity owns direct holdings or indirect holdings.

C. 1. For each listed financial company identified under

paragraph 1 of subsection A of this section, the state governmental

entity shall send a written notice:

a. informing the financial company of its status as a

listed financial company,

Oklahoma Statutes - Title 74. State Government Page 1285

b. warning the financial company that it may become

subject to divestment by state governmental entities

after the expiration of the period described by

paragraph 2 of this subsection, and

c. offering the financial company the opportunity to

clarify its activities related to companies described

by paragraph 1 of subsection A of this section.

2. Not later than the ninetieth day after the date the

financial company receives notice under paragraph 1 of this

subsection, the financial company shall cease boycotting energy

companies to avoid qualifying for divestment by state governmental

entities.

3. If, during the time provided by paragraph 2 of this

subsection, the financial company ceases boycotting energy

companies, the Treasurer shall remove the financial company from the

list maintained under paragraph 1 of subsection A of this section,

and this subsection will no longer apply to the financial company

unless it resumes boycotting energy companies.

4. If, after the time provided by paragraph 2 of this

subsection expires, the financial company continues to boycott

energy companies, the state governmental entity shall sell, redeem,

divest, or withdraw all publicly traded securities of the financial

company, except securities described by subsection E of this

section, according to the schedule provided under subsection D of

this section.

D. 1. A state governmental entity required to sell, redeem,

divest, or withdraw all publicly traded securities of a listed

financial company shall comply with the following schedule:

a. at least fifty percent (50%) of those assets shall be

removed from the state governmental entity's assets

under management not later than the one-hundred-

eightieth day after the date the financial company

receives notice pursuant to paragraph 1 of subsection

C of this section unless the state governmental entity

determines, based on a good-faith exercise of its

fiduciary discretion and subject to subparagraph b of

this subsection, that a later date is more prudent,

and

b. one hundred percent (100%) of those assets shall be

removed from the state governmental entity's assets

under management not later than the three-hundred-

sixtieth day after the date the financial company

receives notice pursuant to paragraph 1 of subsection

C of this section.

2. If a financial company that ceased boycotting energy

companies after receiving notice pursuant to paragraph 1 of

subsection C of this section resumes its boycott, the state

Oklahoma Statutes - Title 74. State Government Page 1286

governmental entity shall send a written notice to the financial

company informing it that the state governmental entity will sell,

redeem, divest, or withdraw all publicly traded securities of the

financial company according to the schedule in paragraph 1 of

subsection D of this section.

3. Except as provided by paragraph 1 of subsection D of this

section, a state governmental entity may delay the schedule for

divestment under that subsection only to the extent that the state

governmental entity determines, in the state governmental entity's

good-faith judgment, and consistent with the entity's fiduciary

duty, that divestment from listed financial companies will likely

result in a loss in value or a benchmark deviation described by

paragraph 1 of subsection F of this section.

4. If a state governmental entity delays the schedule for

divestment, the state governmental entity shall submit a report to

the Treasurer, the presiding officer of each house of the

Legislature, and the Attorney General stating the reasons and

justification for the delay in divestment by the state governmental

entity from listed financial companies. The report shall include

documentation supporting its determination that the divestment would

result in a loss in value or a benchmark deviation described by

paragraph 1 of subsection F of this section including objective

numerical estimates. The state governmental entity shall update the

report every six (6) months.

E. A state governmental entity is not required to divest from

any indirect holdings in actively or passively managed investment

funds or private equity funds. The state governmental entity shall

submit letters to the managers of each investment fund containing

listed financial companies requesting that they remove those

financial companies from the fund or create a similar actively or

passively managed fund with indirect holdings devoid of listed

financial companies. If a manager creates a similar fund with

substantially the same management fees and same level of investment

risk and anticipated return, the state governmental entity may

replace all applicable investments with investments in the similar

fund in a time frame consistent with prudent fiduciary standards but

not later than the four-hundred-fiftieth day after the date the fund

is created.

F. 1. A state governmental entity may cease divesting from one

or more listed financial companies only if clear and convincing

evidence shows that:

a. the state governmental entity has suffered or will

suffer a loss in the value of assets under management

by the state governmental entity as a result of having

to divest from listed financial companies under this

subsection, or

Oklahoma Statutes - Title 74. State Government Page 1287

b. an individual portfolio that uses a benchmark-aware

strategy would be subject to an aggregate expected

deviation from its benchmark as a result of having to

divest from listed financial companies under this

subsection.

2. A state governmental entity may cease divesting from a

listed financial company as provided by this section only to the

extent necessary to ensure that the state governmental entity does

not suffer a loss in value or deviate from its benchmark as

described by paragraph 1 of this subsection.

3. Before a state governmental entity may cease divesting from

a listed financial company under this section, the state

governmental entity shall provide a written report to the Treasurer,

the presiding officer of each house of the Legislature, and the

Attorney General setting forth the reason and justification,

supported by clear and convincing evidence, for deciding to cease

divestment or to remain invested in a listed financial company. The

state governmental entity shall update the report required by this

subsection semiannually, as applicable.

4. This section does not apply to reinvestment in a financial

company that is no longer a listed financial company.

G. Except as provided in subsection F of this section, a state

governmental entity shall not acquire securities of a listed

financial company.
Okla. Stat. tit. 74, § 74-9030.4 — OK Code / Title 74 / Section 74-9030.4
Site committee - Capitol and Governor's Mansion -
Status: in_force

Recommendations to oversight committee - Division Directors - Art to

be property of state.

A. 1. A site committee shall be appointed by the appointing

authority of the project agency, except for art projects on higher

education campuses, for each project and, if the project involves a

facility with more than one agency, a representative from each

agency shall be appointed.

2. The site committee for the Capitol and the Governor’s

Mansion shall be the State Capitol Preservation Commission. The

Commission shall be exempt from oversight provisions of the Public

Places Oversight Committee.

3. The site committee is charged with making recommendations to

the Oversight Committee, selection of the location for the artwork,

media for the artwork, artist selection, development of a project-

specific educational program for tourism and public school

curriculum, and coordination of the dedication ceremony. The site

committee shall report back to the Oversight Committee which has

final approval authority.

4. Each site committee shall include the Art in Public Places

Division Director, the project agency appointing authority or

Oklahoma Statutes - Title 74. State Government Page 1241

designee, and the project architect. The site committee shall also

be comprised of not less than one local arts professional, one local

artist, two community representatives, and one art educator who will

be appointed by the project agency director.

5. The committee is limited to the duration of the project.

B. Upon completion of installation and final acceptance, any

work of art commissioned shall become property of the State of

Oklahoma.
Okla. Stat. tit. 74, § 74-8104 — OK Code / Title 74 / Section 74-8104
Duties and responsibilities
Status: in_force

A. It shall be the duty and responsibility of the Oklahoma Task

Force on the Status of African-American Males to:

1. Appoint advisory committees with recognized expertise in the

targeted areas listed in paragraph 2 of this section;

2. Conduct research to determine the nature and extent of the

problems concerning African-American males in targeted areas which

shall include, but not be limited to, employment, education,

criminal justice, social services, health, economic empowerment and

the media;

3. Hold public hearings for the purpose of collecting data;

4. Identify existing federal, state and local programs that

address problems and solutions relevant to the targeted areas of

study;

5. Develop community education and public awareness programs

especially designed for African-American males; and

6. Develop strategies to improve the social condition of

African-American males.

B. Staffing for the Task Force shall be provided by the staffs

of the Senate and the House of Representatives.

C. The Task Force may meet or consult with any persons as may

be able to assist the Task Force in carrying out its duties pursuant

to this act.

D. The Task Force shall report its findings to the Legislature

and the Governor, upon request, beginning January 31, 1994, and

annually thereafter, through January 31, 1996.
Okla. Stat. tit. 74, § 74-20k-1A — OK Code / Title 74 / Section 74-20k-1A
Short title — Oklahoma Sheriff's Office Funding
Status: in_force

Assistance Grant Program Act of 2024 — Definitions — Purpose.

A. This act shall be known and may be cited as the "Oklahoma

Sheriff's Office Funding Assistance Grant Program Act of 2024".

B. There is hereby established the Oklahoma Sheriff's Office

Funding Assistance Grant Program.

C. As used in the Oklahoma Sheriff's Office Funding Assistance

Grant Program Act of 2024:

1. "Gross assessed total tangible property valuation" means the

amount determined pursuant to the calculation provided in Section

180.59 of Title 19 of the Oklahoma Statutes;

2. "Grant" means an amount authorized to be awarded under the

provisions of this section; and

3. "Qualified county" means any county recognized as a county

of this state as of the effective date of this act.

D. The Office of Attorney General shall establish and

administer the Oklahoma Sheriff's Office Funding Assistance Grant

Program to support the state purpose of ensuring professional law

enforcement throughout the state by providing financial assistance

Oklahoma Statutes - Title 74. State Government Page 95

to sheriff's offices in qualified counties. Such program shall

embody the following procedures and criteria:

1. Not later than the thirtieth day after the first day of a

qualified county's fiscal year, the county may submit an application

for a grant to the Office of the Attorney General. A county may

submit only one application each fiscal year;

2. Grants awarded under the provisions of this section shall be

to qualified counties in the following amounts, or in proportionally

equivalent reduced amounts if available funding for the program is

limited:

a. One Hundred Fifty Thousand Dollars ($150,000.00) for a

county in the lower twenty-six (26) of qualified

counties ranked by gross assessed total tangible

property valuation,

b. Two Hundred Fifty Thousand Dollars ($250,000.00) for a

county ranked higher than twenty-six (26) but lower

than fifty-three (53) of qualified counties ranked by

gross assessed total tangible property valuation, and

c. Three Hundred Thousand Dollars ($300,000.00) for a

county ranked equal to or greater than fifty-three

(53) of qualified counties ranked by gross assessed

total tangible property valuation.

E. Counties awarded a grant from the program shall limit use of

the grant proceeds to the lawful operation of the sheriff's office,

provided such proceeds shall not be used for the payment of salary.

F. Until the completion of the fiscal year ending June 30,

2026, no county shall reduce or supplant existing funding or the

county's methodology for allocating funds to a county sheriff's

office due to the award of grant funding as provided under the

provisions of this section.

G. The Office of the Attorney General is hereby authorized to

adopt rules and procedures as necessary to carry out the provisions

of this section.
Okla. Stat. tit. 74, § 74-9205 — OK Code / Title 74 / Section 74-9205
Oklahoma Broadband Office – Duties - Authority
Status: in_force

A. The Oklahoma Broadband Office shall:

1. Conduct a study of and continually monitor broadband access

in the state to assess:

a. existing capabilities to access broadband

telecommunication services,

b. the costs of obtaining broadband services from

existing providers,

c. the estimated cost to improve broadband access, and

d. the likelihood of changes in broadband access in the

near and intermediate future based on available

information regarding public and private programs to

enhance access and adoption; and

2. Maintain, update, and execute the Statewide Broadband Plan

as necessary.

B. The Office shall incorporate the information as described in

subsection A of this section into a mapping system that depicts

resources, broadband coverage, connectivity speeds, and other such

features as the Office deems relevant. The Office may also purchase

data sets it deems necessary to complete such mapping system.

C. The Office shall establish policies and regulations as may

be necessary to implement the provisions of this act.

D. The Office shall establish policy as needed to implement a

process whereby impacted parties may challenge or protest data and

information published on the Office's mapping system. The process

shall include, but not be limited to, features that:

1. Are heard and ruled on at the Office level;

2. Provide for a ruling by the Office within sixty (60) days of

the submitted challenge or protest; and

3. Upon successful protest action, result in a timely

correction of the map.

E. The Office shall perform and maintain a study of existing

grants, incentives, and programs that may improve physical access to

broadband along with adoption of broadband technologies. The

grants, incentives, and programs may include federal funds, state

funds or resources, tribal funds or resources, donated funds, or

funding available from foundations, endowments or similar resources,

Oklahoma Statutes - Title 74. State Government Page 1273

state or local tax incentives, state or local financing incentives

or options, or federal, tribal, state or local regulatory policies

that would be conducive to improving existing broadband access or

establishing access where it does not currently exist. The Office

shall regularly report on the currently available grants,

incentives, and programs and how best to utilize each.

F. The Office shall create, and update no less than biannually,

a Statewide Broadband Plan. The Plan shall detail what areas are

served, underserved, or unserved according to the prevailing

definitions of the FCC, and how best to improve the infrastructure

and connectivity in underserved and unserved areas. The Plan shall

include, but shall not be limited to, detailing a pathway for

ninety-five percent (95%) of the state's population to be adequately

served by June 30, 2028.

G. The Office shall create the Capital Projects Fund Grant

Report or provide the necessary information to the state entity

drafting the Report. The Report shall be submitted to the

Department of the Treasury no later than September 24, 2022. The

Office shall maintain the Report and submit any and all additional

information as required. The Office shall work with the Joint

Committee to ensure all approved broadband projects utilizing funds

from the Capital Projects Fund follow the correct reporting

requirements based on Department of Treasury guidance.

H. Additionally, the Office is authorized to seek, apply for,

and administer funding through grant opportunities. The Office is

also authorized to administer grant funding awards to recipients and

subrecipients.

I. On or before October 31, 2022, the Office, with the advice

of the Council, shall develop a set of broadband grants or incentive

awards guidelines to be approved by the Board. The grants and

incentive awards shall be for unserved and underserved areas. The

Office shall submit a copy of the guidelines to the Office of the

Speaker of the Oklahoma House of Representatives, the Office of the

President Pro Tempore of the Oklahoma State Senate, and to the

offices of the chairs of the appropriate legislative committees.

The guidelines shall:

1. Consider a weighted approach for awards based upon the

following:

a. the area's need for services, including, but not

limited to, whether the area is underserved or

unserved,

b. whether there are existing broadband assets in the

area, based on the statewide map,

c. whether existing federal, state, local, tribal, or

private resources have been allocated to broadband

services in the area,

Oklahoma Statutes - Title 74. State Government Page 1274

d. a preference for federal, state, local, tribal, or

private partnerships, and

e. the capacity of the provider to maintain assets for an

extended period of time;

2. Recommend any necessary controls including, but not limited

to, capping the dollar amount of awards, allowing for an auditing

process, and a process that allows for award clawbacks. These

controls shall be in place to ensure the maximum efficiency of the

incentive award and to protect against waste, fraud, or abuse; and

3. Include annual reporting requirements of award recipients to

assess effectiveness of such incentives which shall include, but not

be limited to, changes in coverage resulting from implementing

awarded grants and incentives.
Okla. Stat. tit. 74, § 74-61.5 — OK Code / Title 74 / Section 74-61.5
Certain positions subject to Merit System - Compliance
Status: in_force

with personnel laws and rules and regulations.

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:

1. Accounting Division:

a. Accountant I;

2. Administration Division:

a. Administrative Officer (for rental services),

and

b. Typist Clerk III;

3. Central Purchasing Division:

a. Typist Clerk III;

Oklahoma Statutes - Title 74. State Government Page 119

4. Data Processing Division:

a. Data Processing Programmer/Analyst;

5. Building Management Division:

a. Custodial Worker (2),

b. Typist Clerk III,

c. Carpenter I,

d. Secretary, and

e. Clerk I;

6. Construction and Properties Division:

a. Typist Clerk III, and

b. Construction Technician (2); and

7. Risk Management Division:

a. Executive Secretary II, and

b. Administrative Assistant II.

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.

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.

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.
Okla. Stat. tit. 74, § 74-5062.7 — OK Code / Title 74 / Section 74-5062.7
President - Appointment - Powers and duties
Status: in_force

A. The board of directors of the Oklahoma Development Finance

Authority shall appoint a president who shall direct and supervise

the administrative affairs and the general management of the

Authority. The board shall establish criteria for selecting the

president taking into consideration national standards for similar

positions in similar institutions in other states. The search for

the president shall be conducted pursuant to the criteria so

established. The president's salary shall be set by the board of

directors. The board may appoint the same person who is serving as,

or is appointed to be, the chief executive officer or president of

the Oklahoma Industrial Finance Authority. The board is authorized

to pay the full salary of the president or may agree to share in

this expense with the Oklahoma Industrial Finance Authority.

B. The president:

1. May employ and terminate such other officers and employees

as designated by the board of directors, including, if necessary,

legal counsel;

2. Shall attend board meetings;

3. Shall appoint a secretary to keep a record of all

proceedings and maintain and be custodian of all financial and

operational records, documents and papers filed with the Authority

and of the minute book of the Authority; and

4. Shall perform other duties directed by action of the board

of directors of the Authority in carrying out the purposes of this

act.
Okla. Stat. tit. 74, § 74-5161 — OK Code / Title 74 / Section 74-5161
Short title - Oklahoma Local Public and Private
Status: in_force

Facilities and Infrastructure Act.

This act shall be known and may be cited as the "Oklahoma Local

Public and Private Facilities and Infrastructure Act".
Okla. Stat. tit. 74, § 74-840-2.11 — OK Code / Title 74 / Section 74-840-2.11
State employee personal information -
Status: in_force

Confidentiality.

The home addresses, home telephone numbers, social security

numbers, and information related to personal electronic

communication devices of current and former state employees shall

not be open to public inspection or disclosure without written

permission from the current or former state employees or without an

order from a court of competent jurisdiction.
Okla. Stat. tit. 74, § 74-1332 — OK Code / Title 74 / Section 74-1332
Establishment of plan - Contents - Participation -
Status: in_force

Administration - Funding - Coverage - Grievance procedure - Claims

administration.

A. The Oklahoma Employees Insurance and Benefits Board shall

establish a Disability Insurance Program for state employees. The

program shall consist of a long-term disability plan and a short-

Oklahoma Statutes - Title 74. State Government Page 830

term disability plan. Participation in the program shall be limited

to state employees who have been state employees for a period of not

less than one (1) month and who are eligible for enrollment in the

Health Insurance Plan administered by the Board. No state employee

shall be eligible to receive any benefits from the long-term

disability program unless the state employee has used all of the

sick leave of the employee. The Board shall promulgate such rules

as are necessary for adoption and administration of the Disability

Insurance Program, including but not limited to benefit eligibility

requirements, methods for computing benefit amounts, benefits

amounts, and verification of medical and health status of employees

applying for or receiving benefits.

B. The Disability Insurance Program shall be funded from

appropriations made by the Legislature. Employees shall not be

required to make contributions to participate in the program.

C. Employee disability insurance coverage shall begin on March

1, 1986.

D. The Board shall establish a grievance procedure by which a

three-member grievance panel established in the same manner as

specified in Section 1304.1 of this title shall act as an appeals

body for complaints regarding the allowance and payment of claims,

eligibility, and other matters. The grievance procedure provided by

this subsection shall be the exclusive remedy available to persons

having complaints against the insurer. Such grievance procedure

shall be subject to the Oklahoma Administrative Procedures Act,

including provisions for the review of agency decisions by the

district court. The grievance panel shall schedule a hearing

regarding the allowance and payment of claims, eligibility and other

matters within sixty (60) days from the date the grievance panel

receives a written request for a hearing. Upon written request to

the grievance panel received not less than ten (10) days before the

hearing date, the grievance panel shall cause a full stenographic

record of the proceedings to be made by a licensed or certified

court reporter at the insured employee's expense.

E. The Board may establish a claim processing division for

claims administration or may contract for claims administration

services with a private insurance carrier or a company that

specializes in claims administration of any insurance that the Board

may be directed to offer.
Okla. Stat. tit. 74, § 74-3921 — OK Code / Title 74 / Section 74-3921
Termination of advisory bodies
Status: in_force

A. 1. Any joint resolution or bill enacted after February 1,

1993, creating or establishing advisory bodies including, but not

limited to, task forces, boards, commissions, and councils, which

creation or establishment is not codified in the Oklahoma Statutes,

shall terminate the first day of the first regular session of the

next Oklahoma Legislature unless the joint resolution or bill

specifies an earlier or later termination date.

2. Any advisory bodies created by bill or joint resolution

prior to February 1, 1993, which creation or establishment is not

codified in the Oklahoma Statutes, shall be terminated unless the

advisory body is codified in the next decennial compilation of

Oklahoma laws.

B. 1. Effective January 1, 1994, except as otherwise provided

by this subsection, advisory bodies including, but not limited to,

task forces, boards, commissions and councils created or established

by simple resolutions or concurrent resolutions passed by the

Legislature or either house thereof shall terminate the first day of

the first regular session of the next Oklahoma Legislature, unless

such simple or concurrent resolution specifies an earlier

termination date.

2. Any such advisory body created prior to January 1, 1991, by

a simple or concurrent resolution passed by the Legislature or

either house thereof is hereby terminated.

C. If a task force or similar advisory body created pursuant to

a codified section of law does not conduct at least one meeting or

issue its final report within three (3) years from the date upon

which the section of law creating the task force or similar advisory

body becomes effective, the task force or advisory body shall cease

to have any authority to conduct any business and shall be

considered terminated by operation of law at the expiration of the

three-year period.
Okla. Stat. tit. 74, § 74-920 — OK Code / Title 74 / Section 74-920
Employer's contribution
Status: in_force

(1) Effective July 1, 1994, every state agency which is a

participating employer shall contribute to the System an amount

equal to eleven and one-half percent (11 1/2%) of the monthly

compensation of each member, but not in excess of Forty Thousand

Dollars ($40,000.00).

(2) Effective July 1, 1995, every state agency which is a

participating employer shall contribute to the System an amount

equal to eleven and one-half percent (11 1/2%) of the monthly

compensation of each member, not to exceed the allowable annual

compensation as defined in paragraph (9) of Section 902 of this

title.

(3) Effective July 1, 1996, every state agency which is a

participating employer shall contribute to the System an amount

equal to twelve percent (12%) of the monthly compensation of each

member, not to exceed the allowable annual compensation defined in

paragraph (9) of Section 902 of this title.

(4) Effective July 1, 1999, and through the fiscal year ending

June 30, 2005, every state agency which is a participating employer

shall contribute to the System an amount equal to ten percent (10%)

of the monthly compensation of each member, not to exceed the

Oklahoma Statutes - Title 74. State Government Page 703

allowable annual compensation defined in paragraph (9) of Section

902 of this title.

(5) Effective July 1, 2005, except as otherwise provided by

subsection (11) of this section, every state agency which is a

participating employer shall contribute an amount to the System

equal to a percentage of monthly compensation of each member, not to

exceed the allowable annual compensation defined in paragraph (9) of

Section 902 of this title as follows:

July 1, 2005 – June 30, 2006 11 1/2%

July 1, 2006 – June 30, 2007 12 1/2%

July 1, 2007 – June 30, 2008 13 1/2%

July 1, 2008 – June 30, 2009 14 1/2%

July 1, 2009 – June 30, 2011 15 1/2%

July 1, 2011 – June 30, 2012

and each year thereafter 16 1/2%

(6) The Board shall certify, on or before November 1 of each

year, to the Office of Management and Enterprise Services an

actuarially determined estimate of the rate of contribution which

will be required, together with all accumulated contributions and

other assets of the System, to be paid by each participating

employer to pay all liabilities which shall exist or accrue under

the System, including amortization of the past service cost over a

period of not to exceed forty (40) years from June 30, 1987, and the

cost of administration of the System, as determined by the Board,

upon recommendation of the actuary.

(7) The Office of Management and Enterprise Services and the

Governor shall include in the budget and in the budget request for

appropriations the sum required to satisfy the state's obligation

under this section as certified by the Board and shall present the

same to the Legislature for allowance and appropriation.

(8) Each other participating employer shall appropriate and pay

to the System a sum sufficient to satisfy the obligation under this

section as certified by the Board.

(9) Each participating employer is hereby authorized to pay the

employer's contribution from the same fund that the compensation for

which said contribution is paid from or from any other funds

available to it for such purpose.

(10) Forfeitures arising from severance of employment, death or

for any other reason may not be applied to increase the benefits any

member would otherwise receive under the System's law. However,

forfeitures may be used to reduce an employer's contribution.

(11) Effective November 1, 2015, an employer shall be required

to make payment to the Oklahoma Public Employees Retirement System

of the amount described by subsection A of Section 10 of this act

with respect to any employee who is a participant in the defined

contribution system created pursuant to the provisions of Sections 1

through 11 of this act. The employer shall be required to make the

Oklahoma Statutes - Title 74. State Government Page 704

required matching contribution amount for all employees that

participate in the defined contribution system and to remit the

difference between such amount and the amount the employer would

otherwise have paid pursuant to the provisions of this section to

the Oklahoma Public Employees Retirement System.
Okla. Stat. tit. 74, § 74-452.14 — OK Code / Title 74 / Section 74-452.14
Agency response
Status: in_force

A. Each agency body responsible, pursuant to law, for governing

and administering an agency shall review each audit report submitted

to the Legislature pursuant to Section 4 of this act and shall

submit a written agency response regarding the audit pursuant to

this section.

Oklahoma Statutes - Title 74. State Government Page 449

B. The written agency response shall include:

1. The name and address of the agency;

2. Identification of the audit performed and the name of the

auditor;

3. Any changes implemented or changes proposed to an agency

program, financial operation, management process or other agency

operation as a result of the audit;

4. A plan of action for achieving any recommendation of the

auditor;

5. A statement for each recommendation in the audit report

explaining the reasons for not implementing such recommendation

including, but not limited to, need for statutory changes to

implement additional costs or a showing that the recommended change

would not be a cost benefit to the agency or the state; and

6. Any other information requested by the Speaker of the House

of Representatives or by the President Pro Tempore of the Senate or

by a standing committee reviewing the audit.

C. The written response shall be submitted to the Speaker of

the House of Representatives and the President Pro Tempore of the

Senate within thirty (30) days after the audit report has been

submitted to the Legislature pursuant to Section 4 of this act.
Okla. Stat. tit. 74, § 74-77d — OK Code / Title 74 / Section 74-77d
Oklahoma War Veterans Commission - Assignment of building
Status: in_force

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 Veterans Commission. The 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.

Oklahoma Statutes - Title 74. State Government Page 137
Okla. Stat. tit. 74, § 74-1226.2 — OK Code / Title 74 / Section 74-1226.2
Powers – Transfer of property - Members - Surety bonds
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 26- Expenses - Subcommittees - Holding other offices.

A. There is hereby created a body corporate and politic to be

known as the "Native American Cultural and Educational Authority"

(Authority), and by that name the Authority may sue and be sued, and

plead and be impleaded. The Authority is hereby constituted an

agency of the state, and the exercise by the Authority of the powers

conferred by Section 1226 et seq. of this title shall be deemed to

be essential governmental functions of the state with all the

attributes thereof. Provided, however, the Authority is authorized

to carry liability insurance to the extent authorized by the

Authority, and in addition thereto it shall be subject to the

workers' compensation laws of the State of Oklahoma the same as a

private employer. The Office of Management and Enterprise Services

(OMES) shall assist the Authority in fulfilling the responsibilities

of Section 1226 et seq. of this title, as requested by the

Authority.

B. 1. The Legislature hereby finds and it is hereby declared

to be the public policy of the State of Oklahoma that the completion

and operation of the American Indian Cultural Center and Museum

(AICCM) and the transfer of responsibility for operation and

maintenance of the AICCM to the City of Oklahoma City (together with

any designee thereof, hereinafter referred to as the "City") or its

designee will produce significant benefits to the state and the

citizens of the state, which benefits include, but are not limited

to:

a. savings by reason of the state not being required to

pay operation and maintenance cost of the AICCM,

b. savings to the state by reason of the state not being

required to appropriate funds for the general

operations of the Authority,

Oklahoma Statutes - Title 74. State Government Page 751

c. sales and other taxes projected to be derived from

operation of the AICCM and the surrounding commercial

development, as well as derived as a result of the

existence of the AICCM and the surrounding commercial

development,

d. increases in employment and the benefits derived by

the state from such employment, including income and

other taxes, and

e. other direct and indirect benefits to the state.

The Legislature further finds and declares that the State of

Oklahoma and its citizens will be best served by the soonest

possible completion of the AICCM and transfer of the Authority's

unimproved property to the City for a complementary commercial

development, with lease revenues therefrom to supply revenues to

support the operations of the AICCM. The Legislature further finds

that the State of Oklahoma will be best served by transferring

responsibility for operations and maintenance of the AICCM to the

City, and in furtherance of such purposes and intent, hereby adopts

Section 1226 et seq. of this title.

2. As contemplated by the existing Amended and Restated Ground

Lease Agreement between the Authority and the Oklahoma Capitol

Improvement Authority (OCIA), but only upon the execution of the

agreement described in paragraph 5 of this subsection, all of the

unimproved real property of the Authority, which is all of the real

property held by the Authority less and except the real property

described as provided for by subsection C of Section 1226.18 of this

title, shall be transferred to the City. Such transfer shall be for

the purpose of enabling the development of commercial facilities on

such unimproved property, lease revenues of which shall be used to

support the operations of the AICCM upon its completion. The

Director of the Office of Management and Enterprise Services (OMES)

is hereby authorized and directed to coordinate the transfer of such

real property in accordance with the provisions of Section 1226 et

seq. of this title.

3. The Authority shall be terminated no later than the first

day the AICCM is open to the public. The Office of Management and

Enterprise Services (OMES) shall make the determination of whether

AICCM is open to the public for purposes of this paragraph. For

purposes of this subsection, the AICCM shall mean the museum and

cultural center and associated improvements constructed upon the

real property described as provided for by subsection C of Section

1226.18 of this title. If the AICCM has not been opened to the

public by July 1, 2020, the Director of OMES may certify that all

building and site construction is complete, and upon such

certification the statutory entity created by subsection C of this

section shall be terminated, irrespective of whether all museum

content and exhibits have been completed. Upon the termination of

Oklahoma Statutes - Title 74. State Government Page 752

the Authority the functions of the Authority, including the leasing

of the AICCM, the right to acquire clear title to the AICCM upon

payment of all bonds, and the requirement to make lease payments to

pay debt service on all bonds previously or hereafter issued by OCIA

shall be transferred from the Authority to the American Indian

Cultural Center and Museum Trust Authority (AICCMTA) created

pursuant to Section 1226.21 of this title. Upon the termination of

the Authority the remaining assets of the Authority shall be

transferred to the AICCMTA; provided, that any unexpended funds held

by the Authority for operational expenses of the Authority or to

enable the payment of principal and interest on bonds or other

obligations issued for the benefit of the Authority or the AICCM

shall be specifically transferred as provided by paragraph 4 of this

subsection. Assets to be transferred to the AICCMTA shall include,

but not be limited to, all remaining real property and improvements,

personal property, intellectual property, intangible property,

rights and obligations pursuant to contract and any other assets,

which assets shall be made available to the City to enable the City

to exercise its rights and fulfill its obligations under the

agreements contemplated by paragraph 5 of this subsection.

Notwithstanding any other provision of law, the Director of OMES is

hereby authorized and directed to coordinate with the City, the

Authority and the AICCMTA to make such assets available for use by

the City, for at least the life of outstanding bonds, by management

agreement, license or otherwise, for the consideration contemplated

by paragraph 5 of this subsection, and to take all steps necessary

to effectuate the purpose of Section 1226 et seq. of this title.

The AICCMTA, in consultation with OMES, is hereby authorized to

transfer to the City any assets obtained by the Authority prior to

its termination, including real property, personal property,

intellectual property and intangible property, provided that

measures are taken to ensure the tax-exempt status of outstanding

bonds, and provided further that no such transfers shall take place

in advance of the execution of the agreement contemplated by

paragraph 5 of this subsection. For purposes of this paragraph,

"outstanding bonds" shall include any bonds or other obligations

issued by OCIA pursuant to Section 304.2 of Title 73 of the Oklahoma

Statutes.

4. Unexpended funds held by the Authority for operational

expenses of the Authority or to enable the payment of principal and

interest on bonds or other obligations issued for the benefit of the

Authority or the AICCM shall, upon termination of the Authority,

transfer to the American Indian Cultural Center and Museum

Postcompletion Revolving Fund created by Section 1226.22 of this

title.

5. With the exception of Section 1226.20 of this title, Section

1226 et seq. of this title shall be null and void unless, prior to

Oklahoma Statutes - Title 74. State Government Page 753

January 15, 2016, or not later than the expiration of sixty (60)

days from such date with the approval of an extension of time, which

may be less than sixty (60) days, by the Director of the Office of

Management and Enterprise Services upon a showing by the parties

that such extension is likely to result in the execution of a final

agreement, the Authority, the City and OMES enter into a written

agreement with the following minimum provisions:

a. with the exception of funds provided pursuant to law

for the fiscal year ending June 30, 2016, neither the

State of Oklahoma, the Authority nor any other state

governmental entity shall have any responsibility for

providing funds for operation or maintenance of the

AICCM,

b. the City shall utilize all revenues derived from

admissions, event income, merchandise sales, food and

beverage sales at the AICCM and revenue from leases of

the real property transferred to the City by paragraph

2 of this subsection, for the operation,

administration, management and maintenance of the

AICCM, for repairs and capital improvements thereto,

for the repair, maintenance, development and operation

of exhibits and cultural programs, and to provide

reserve funds for such purposes,

c. fifty percent (50%) of the total revenues in excess of

Seven Million Dollars ($7,000,000.00) each fiscal year

derived from each and all of the following sources

shall be credited to the General Revenue Fund of the

State Treasury until the total amount paid pursuant to

this subparagraph equals Twenty-five Million Dollars

($25,000,000.00):

(1) profits received by the City or its designee from

food and beverage sales occurring at AICCM,

(2) profits received by the City or its designee from

merchandise sales occurring at AICCM,

(3) profits received by the City or its designee from

events conducted at the AICCM,

(4) gross revenues derived from admissions to the

AICCM facility, and

(5) gross revenues derived from the lease of real

property transferred from the Authority to the

City pursuant to the provisions of paragraph 2 of

this subsection.

The amount of Seven Million Dollars ($7,000,000.00)

prescribed by this subparagraph shall be adjusted, not

less often than once each five (5) years, based upon

increases, if any, in the Consumer Price Index-All

Urban Consumers (CPI-U) or its successor index, as

Oklahoma Statutes - Title 74. State Government Page 754

published by the United States Bureau of Labor

Statistics. The first adjustment shall be made on

July 1, 2020. The Office of Management and Enterprise

Services shall be responsible for monitoring and

auditing the payments required by the provisions of

this paragraph and may require the City to provide

such documentation regarding the accuracy and timing

of the payments as OMES may request. OMES shall

ensure that the agreement required by subparagraph f

of this paragraph contains enforceable provisions to

allow OMES to monitor and audit the payments required

by this subparagraph,

d. no later than the transfers provided for in paragraph

3 of this subsection, the City shall make payment to

the American Indian Cultural Center and Museum

Completion Fund created pursuant to Section 1226.20 of

this title in the amount of Nine Million Dollars

($9,000,000.00) toward completion of the AICCM,

e. the agreement shall specify a plan for completion that

will result in the opening of the AICCM to the public

using a combination of funds provided or committed by

the state, the City and the other contributors to the

project,

f. the City, the Authority or its successor and OMES

shall enter into a separate operation, maintenance and

management agreement concerning the real property

described by the survey conducted pursuant to

subsection C of Section 1226.18 of this title and the

improvements constructed thereon, which separate

operation, maintenance and management agreement shall

be executed prior to the termination of the Authority

and include the following minimum terms:

(1) the term of the agreement shall be no less than

the remaining term of outstanding bonds,

including any bonds or other obligations issued

by OCIA pursuant to Section 304.2 of Title 73 of

the Oklahoma Statutes, or thirty (30) years,

whichever is longer,

(2) the City shall operate and manage the AICCM or

shall cause it to be operated and managed,

(3) the state shall have no responsibility for the

operations and maintenance costs of the AICCM,

(4) the Authority or its successor shall deliver

possession of the AICCM to the City,

(5) the City shall have the right to make such

alterations and further improvements as it deems

necessary or desirable to further the success of

Oklahoma Statutes - Title 74. State Government Page 755

the AICCM and the surrounding commercial

development,

(6) the City shall have the right to assign its

rights under this agreement to a designee and to

engage third parties to fulfill its obligations

under this agreement,

(7) the City shall use its revenues from the AICCM

and the surrounding commercial development as

provided by this section, and

(8) within five (5) years after the date on which all

outstanding bonds, including any bonds or other

obligations issued by OCIA pursuant to Section

304.2 of Title 73 of the Oklahoma Statutes,

issued for the AICCM have been retired, the City

shall accept title of the AICCM and the real

property upon which it is located from the

Authority or its successor, and

g. after execution of the agreement described by this

paragraph, the Director of OMES shall provide a copy

of the executed version of the agreement to the

Governor, the Speaker of the Oklahoma House of

Representatives and the President Pro Tempore of the

Oklahoma State Senate.

6. Notwithstanding anything herein provided, the City shall be

authorized to transfer any assets, rights or responsibilities

transferred to it pursuant to Section 1226 et seq. of this title to

any of its instrumentalities, public trusts or designees as

appropriate and, with respect to the real property described as

provided for by subsection C of Section 1226.18 of this title and

improvements thereon, to contract with such public and private

entities as it deems proper for the purpose of exercising its rights

and carrying out its obligations pursuant to agreements contemplated

by Section 1226 et seq. of this title between the State of Oklahoma

and the City, and with respect to the property transferred by

paragraph 2 of this subsection to contract with such public and

private entities, including the leasing or transfer of property to

such public or private entities, as it deems proper for the purpose

of carrying out the commercial development of the unimproved

property.

7. Contracts and privileges which have been issued, made,

granted or allowed to become effective by the statutory entity that

may be terminated by the provisions of Section 1226 et seq. of this

title or by any provision of law affected by Section 1226 et seq. of

this title shall continue in effect according to their terms until

terminated or modified by operation of law; provided, that the City

shall, upon termination of the Authority, be permitted to assume the

Authority's interest in such contracts.

Oklahoma Statutes - Title 74. State Government Page 756

8. Notwithstanding any other provision of law, any lease

revenue bonds or other obligations issued prior to or after

September 1, 2015, by OCIA or other state instrumentalities for the

benefit of the Authority and/or completion of the AICCM shall remain

in full force and effect, and any obligation, moral or otherwise, to

make payments under the lease or other agreements or to service the

lease revenue bonds or other obligations shall remain unaffected and

in full force and effect. It is the intent of the Legislature to

appropriate sufficient monies to the Authority or its successor for

deposit in the American Indian Cultural Center and Museum

Postcompletion Revolving Fund created by Section 1226.22 of this

title to cover the payment of all lease and other scheduled payments

for the purpose of retiring such lease revenue bonds or other

obligations.

C. The Authority shall consist of seven appointed members who

are members of a federally recognized American Indian Tribe located

within this state, six ex officio members and four appointed members

from the business community. Each appointed member, excluding ex

officio members, shall have one vote for purposes of conducting the

business of the Authority. Except for the members appointed

pursuant to paragraph 3 of this subsection, the appointed members

shall be residents of the state, and shall have been qualified

electors therein for a period of at least one (1) year preceding

their appointment. Any member of the Authority shall be eligible

for reappointment, and no member shall be removed from office except

for good cause shown. Good cause may be shown in evidence of

excessive failure to attend three consecutive regular Board meetings

of the Authority. The chair of the Authority shall have the right

to remove any member pursuant to good cause. At the expiration of

any term, the person holding such office shall continue to serve

until such person's duly appointed successor shall be appointed and

qualified.

1. Seven members appointed to serve shall serve overlapping

terms and shall be chosen as follows: three members shall be

appointed by the Governor; two members shall be appointed by the

President Pro Tempore of the Senate; and two members shall be

appointed by the Speaker of the House of Representatives. Each of

these members shall be a member of a federally recognized American

Indian tribe located within this state. Such tribal membership

shall be determined by the respective tribes. Appointments shall be

made from names provided by tribal governments, councils or other

recognized tribal entities. Appointments shall be restricted to not

more than one representative of any tribe. Such appointed members

initially appointed shall continue in office for terms of from three

(3) to seven (7) years, respectively, from the date of their

appointment, with the term of each initially appointed member to be

designated by the Governor at the time of the appointment, with one

Oklahoma Statutes - Title 74. State Government Page 757

member to be appointed to a three-year term, two members to be

appointed to a four-year term, one member to be appointed to a five-

year term, one member to be appointed to a six-year term, and two

members to be appointed to a seven-year term. Any person appointed

to fill a vacancy shall serve only for the unexpired term. Upon the

expiration of a term, on or after July 1, 2000, any succeeding term

shall be for four (4) years.

2. The six ex officio members shall be as follows: the

Oklahoma Native American Liaison, or the designee of the same; the

Lieutenant Governor, or the designee of same; the Director of the

Oklahoma Historical Society, or the designee of same; the Secretary

of Commerce, or the designee of same; the Executive Director of the

Oklahoma Arts Council, or the designee of same; and the Executive

Director of the Oklahoma Tourism and Recreation Department, or the

designee of the same.

3. The four appointed members from the business community shall

be chosen as follows: two members shall be appointed by the

Governor; one member shall be appointed by the Speaker of the House

of Representatives; and one member shall be appointed by the

President Pro Tempore of the Senate. Each member shall have at

least fifteen (15) years of experience in business, banking, finance

or corporate law, and shall have demonstrated outstanding ability in

business or industry. However, in lieu of appointing a member with

such experience, one of the two members appointed by the Governor

may be a person who has exhibited at least three (3) years of

outstanding leadership and involvement in recognized Native American

organizations and activities. Upon the expiration of a term, on or

after July 1, 2000, any succeeding term shall be for four (4) years.

Any person appointed to fill a vacancy shall serve only for the

unexpired term.

D. The Authority shall elect one of its members as chairperson,

and another as vice-chairperson, and also shall elect a secretary,

treasurer and such other officers as the Authority may deem

appropriate. A majority of the members of the Authority (exclusive

of vacancies) shall constitute a quorum and the vote of a majority

of the members (exclusive of vacancies) shall be necessary for any

action taken by the Authority. No vacancy in the membership of the

Authority shall impair the right of a quorum to exercise all the

rights and perform all the duties of the Authority.

E. Before the issuance of any revenue bonds under the

provisions of Section 1226 et seq. of this title, each member of the

Authority shall execute a surety bond in the penal sum of Twenty-

five Thousand Dollars ($25,000.00) and the secretary and treasurer

shall execute a surety bond in the penal sum of One Hundred Thousand

Dollars ($100,000.00), each such surety bond to be conditioned upon

the faithful performance of the duties of his or her office, to be

executed by a surety company authorized to transact business in the

Oklahoma Statutes - Title 74. State Government Page 758

State of Oklahoma as surety, and to be filed in the office of the

Secretary of State.

F. The members of the Authority shall not be entitled to

compensation for their services, but each member shall be reimbursed

for actual expenses necessarily incurred in the performance of

duties on behalf of the Authority; provided, that members of the

Authority shall be compensated for their travel expenses pursuant to

the State Travel Reimbursement Act. All expenses incurred in

carrying out the provisions of Section 1226 et seq. of this title

shall be payable solely from funds provided under the authority of

Section 1226 et seq. of this title and no liability or obligation

shall be incurred by the Authority hereunder beyond the extent to

which monies shall have been provided under the authority of Section

1226 et seq. of this title. With the exception of funds

appropriated to the Authority for the fiscal year ending June 30,

2016, no further appropriations shall be made to the Authority, or

to any successor state entity owning some interest in the AICCM, for

the purpose of operating the AICCM; provided, however, that

appropriations to pay debt service on revenue bonds or other

obligations issued heretofore or hereafter by OCIA or other state

agencies for the benefit of the Authority will continue until all

such bonds or other obligations are fully paid.

G. The Authority is authorized to establish subcommittees as

necessary to perform its functions and duties. A subcommittee may

be composed of Authority members and/or nonmembers and shall not

have more than five members. Nonmembers of a subcommittee shall be

reimbursed by the Authority in accordance with the State Travel

Reimbursement Act.

H. Members of the Authority shall be exempt from the provisions

of Section 6 of Title 51 of the Oklahoma Statutes, which prohibits

the holding of any other office during the member's term of office

on the Authority.

I. The Directors and staff of the Authority employed to perform

the duties of Section 1226 et seq. of this title shall be considered

employees of the Authority. The employees of the Authority shall be

entitled to be reimbursed for actual and necessary expenses incurred

in the performance of duties on behalf of the Authority. Such

compensation for travel expenses shall be paid pursuant to the State

Travel Reimbursement Act.

J. Real property transferred by the Authority to any person,

firm, partnership, corporation, limited liability company, express

private trust, public trust or any other lawfully recognized entity

shall be subject to the same restrictions regarding the use of such

real property as contained in the instrument of conveyance by which

the Authority acquired title to such real property, including, but

not limited to, any restriction regarding gambling activity upon

such real property.

Oklahoma Statutes - Title 74. State Government Page 759
Okla. Stat. tit. 74, § 74-18q-1 — OK Code / Title 74 / Section 74-18q-1
Federal Overreach and Extraordinary Litigation Revolving
Status: reserved

Fund.

A. There is hereby created in the State Treasury a revolving

fund for the Office of the Attorney General to be designated the

"Federal Overreach and Extraordinary Litigation Revolving Fund".

The fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies eligible and designated

for deposit by law. All monies accruing to the credit of the fund

are hereby appropriated and may be budgeted and expended by the

Office of the Attorney General for the purposes of addressing

federal overreach. 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.

Oklahoma Statutes - Title 74. State Government Page 78

B. For purposes of this section, the term "addressing federal

overreach" includes efforts by the Office of the Attorney General

related to:

1. Duties assigned pursuant to paragraph 24 of subsection A of

Section 18b of Title 74 of the Oklahoma Statutes;

2. The State Reserved Powers Protection Unit created pursuant

to Section 18q of Title 74 of the Oklahoma Statutes; and

3. Extraordinary litigation and other expenses related to any

of the following: foreign threats, interstate crime, terrorist

organizations, gross violations of public trust, and statewide

public safety.
Okla. Stat. tit. 74, § 74-1226 — OK Code / Title 74 / Section 74-1226
Purpose
Status: in_force

In order to promote the history and culture of Native Americans

for the mutual benefit of the State of Oklahoma and its Indian and

non-Indian citizens, there is hereby created the "Native American

Cultural and Educational Authority", which Authority is hereby

authorized and empowered to construct, maintain, repair and operate

a Native American cultural center, museum and theme park, along with

commercial facilities as defined by Section 1226.3 of this title,

within the State of Oklahoma as shall be approved by the Authority

and to issue revenue bonds of the Authority payable solely from

revenues to pay the cost of such projects. Provided, no state

appropriations shall be used to pay costs of financing or

constructing commercial facilities, except for commercial elements

within and incidental to the Cultural Center.
Okla. Stat. tit. 74, § 74-315 — OK Code / Title 74 / Section 74-315
May take testimony - Causing arrest - Report to Insurance
Status: in_force

Commissioner.

The said State Fire Marshal shall, when in his opinion further

investigation is necessary, take or cause to be taken the testimony

on oath of all persons supposed to be cognizant of any facts or to

have means of knowledge in relation to the matter as to which an

examination is herein required to be made, and shall cause the same

to be reduced to writing; and if he shall be of the opinion that

there is evidence sufficient to charge any person with the crime of

arson, or with the attempt to commit the crime of arson, or of

conspiracy to defraud, or criminal conduct in connection with such

fire, he shall cause such person to be arrested and charged with

such offense, or either of them shall furnish to the proper

Oklahoma Statutes - Title 74. State Government Page 403

prosecuting attorney all such evidence, together with the names of

witnesses and all information obtained by him including a copy of

all pertinent and material testimony taken in the case, and shall

report to the Insurance Commissioner as often as such Commissioner

shall require, his proceedings, and the progress made in all

prosecutions under this act, and the result of all cases which are

finally disposed of.
Okla. Stat. tit. 74, § 74-4114 — OK Code / Title 74 / Section 74-4114
Agencies authorized to participate in incentive awards
Status: in_force

program.

With the exception of agencies and offices within the

Legislature, the Office of the Governor, the Office of the

Lieutenant Governor, and the Office of the State Auditor and

Inspector, any agency, department, commission, or office of state

government may participate in the incentive awards program provided

for in Section 5 of this act.
Okla. Stat. tit. 74, § 74-602 — OK Code / Title 74 / Section 74-602
Filing in office of Secretary of State
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 497

Every official bond in effect on the effective date of this act

shall be filed in the office of the Secretary of State, within ten

(10) days after the effective date of this act, and it shall be the

duty of any officer, department, board, commission, institution, or

agency of the state having custody of any official bond on the

effective date of this act to transmit it to the office of the

Secretary of State within said ten-day period. If any such bond be

not filed within said time, the officer or employee for whom or on

whose behalf the said bond was executed shall be deemed not to have

complied with the statute, rule, regulations, requirement or order

requiring said officer or employee to be bonded; provided, that

nothing herein shall be construed as preventing a recovery on said

bond, against the surety or sureties, in the same manner as if the

said bond had been properly filed in the Office of the Secretary of

State.
Okla. Stat. tit. 74, § 74-500.2 — OK Code / Title 74 / Section 74-500.2
Reimbursable expenses of state officials, employees and
Status: in_force

certain others.

A. Officials and employees of the state, traveling on

authorized state business, may be reimbursed for expenses incurred

in such travel in accordance with the provisions of the State Travel

Reimbursement Act and existing statutes relating to state travel.

Persons who are not state employees, but who are performing

substantial and necessary services to the state which have been

directed or approved by the appropriate department official, shall

enjoy the protection of the sovereign immunity of the state to the

same extent as a paid employee. Such persons may be reimbursed for

expenses incurred during authorized official travel under these same

statutory provisions; provided, it is indicated on the claim the

person is not a state employee, a description of services performed

is entered, and the agency head by approval of the claim certifies

such services were substantial and necessary, and germane to the

duties and functions of the reimbursing agency. Travel expenses

incurred by a person during the course of seeking employment with a

state agency, unless such travel is performed at the request of the

employing agency, shall not be considered expenses incurred in

Oklahoma Statutes - Title 74. State Government Page 460

performing substantial and necessary services to the state and shall

not be reimbursed under the provisions of the State Travel

Reimbursement Act.

B. The chief administrative officer of the Department of Public

Safety, the Oklahoma State Bureau of Investigation, the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control, the Military

Department of the State of Oklahoma, the Department of Corrections,

the Office of Management and Enterprise Services, the Alcoholic

Beverage Laws Enforcement Commission, the Oklahoma Department of

Agriculture, Food, and Forestry, the Oklahoma Department of

Emergency Management, the State Fire Marshal, and the State

Department of Health may arrange for and charge meals and lodging

for a contingent of state personnel moved into an area for the

purpose of preserving the public health, safety, or welfare or for

the protection of life or property. The cost for meals or lodging

so charged shall not exceed the amount authorized in the State

Travel Reimbursement Act. The chief administrative officer of each

agency involved in such an operation shall require the vendor

furnishing meals, lodging, or both meals and lodging to submit an

itemized statement for payment. When a claim for lodging is made

for a contingent of state personnel, individual members of the

contingent may not submit a claim for lodging. When a claim for

meals is made for a contingent of state personnel, individual

members of the contingent may not submit a claim for meals.

C. The Oklahoma Department of Commerce, the Oklahoma Center for

the Advancement of Science and Technology, and the Oklahoma

Department of Agriculture, Food, and Forestry are hereby authorized

to enter into contracts and agreements for the payment of food,

lodging, meeting facility and beverage expenses as may be necessary

for sponsoring seminars and receptions relating to economic

development and science and technology issues. Such expenses may be

paid directly to the contracting agency or business establishment.

The Director of the Oklahoma Department of Commerce, the President

of the Oklahoma Center for the Advancement of Science and

Technology, and the Commissioner of Agriculture shall each provide a

quarterly report of such expenditures to the Governor, the Speaker

of the House of Representatives and the President Pro Tempore of the

Senate.

D. The Native American Cultural and Educational Authority is

hereby authorized to enter into contracts and agreements for the

payment of food, lodging, and meeting facility as may be necessary

to pursue the promotion of fundraising, marketing, and development

of Native American educational programs and cultural projects, or to

sponsor luncheons, seminars, and receptions relating to Native

American educational, cultural, museum, and economic development

issues. Such expenses may be paid directly to the contracting

agency or business establishment. The Executive Director of the

Oklahoma Statutes - Title 74. State Government Page 461

Native American Cultural and Educational Authority shall provide a

monthly report of expenditures to the Native American Cultural and

Educational Authority Board.

E. For purposes of this section:

1. "State agency" means any constitutionally or statutorily

created state board, commission, or department, including the

Legislature and the Courts;

2. State agencies are authorized to enter into contracts and

agreements for the payment of food and lodging expenses as may be

necessary for employees or other persons who are performing

substantial and necessary services to the state by attending

official conferences, meetings, seminars, workshops, or training

sessions or in the performance of their duties. Such expenses may

be paid directly to the contracting agency or business

establishment; provided the meeting qualifies for overnight travel

for the employees and the cost for food and lodging for each

employee shall not exceed the total daily rate as provided in the

State Travel Reimbursement Act;

3. State agencies are authorized to enter into contracts and

agreements for the payment of conference registration expenses as

may be necessary for employees or other persons who are performing

substantial and necessary services to the state by attending

official conferences, meetings, seminars, workshops, or training

sessions. Such expenses may be paid directly to the contracting

agency or business establishment; and

4. State agencies are authorized to enter into contracts and

agreements for the payment of food and lodging expenses as may be

necessary for employees attending an official course of instruction

or training conducted or sponsored by any state agency. Expenses

may be paid directly to the contracting agency or business

establishment. The cost for food and lodging for each employee

shall not exceed the total daily rate as provided in the State

Travel Reimbursement Act.

F. State agencies are authorized to make direct purchases of

commercial airline tickets for use by employees in approved out-of-

state travel. Each claim or invoice submitted to the Director of

the Office of Management and Enterprise Services for the payment of

the purchase shall bear the airline identifying ticket number, the

name of the airline, total cost of each ticket purchased, class of

accommodation and name of the employee for whom the ticket was

purchased and shall be filed on claim forms as prescribed by the

Director of the Office of Management and Enterprise Services. The

employee shall sign an affidavit stating that the employee used a

direct purchase commercial airline ticket received for his or her

approved out-of-state travel, or in lieu of the affidavit, the

employee may file a travel claim in connection with said airline

flight.

Oklahoma Statutes - Title 74. State Government Page 462

G. 1. The Director of the Office of Management and Enterprise

Services is hereby authorized to 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 Director 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. Expenses

incurred may be paid directly to the contracting agency or business

establishment.

2. 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.

H. 1. The Commissioner of the Department of Mental Health and

Substance Abuse Services is hereby authorized to 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

Commissioner 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.

2. 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.

I. The Oklahoma Indigent Defense System is hereby authorized to

enter into contracts and agreements for the payment of lodging as

necessary for employees to carry out their duties in representing

any client whom the System has been properly appointed to represent.

Such expenses may be paid directly to the contracting agency or

business establishment. The cost for lodging for each employee

shall not exceed the daily rate as provided in the State Travel

Reimbursement Act.

J. The Oklahoma Tourism and Recreation Department is hereby

authorized to enter into contracts and agreements for the payment of

food, lodging, and meeting facility and beverage expenses as may be

necessary for seminars and receptions relating to familiarization

tours and tourism development. The expenses may be paid directly to

the contracting agency or business establishment. The Executive

Director of the Oklahoma Tourism and Recreation Department shall

provide a monthly report of any such expenditures to the Oklahoma

Tourism and Recreation Commission.

K. The Oklahoma Tourism and Recreation Department is hereby

authorized to enter into contracts and agreements for the payment of

Oklahoma Statutes - Title 74. State Government Page 463

exhibitor fees and display space charges at expositions to promote

the Department's recreational facilities and the tourism and

recreation industry. The expenses may be paid directly to the

contracting agency or business establishment; provided that no

payment shall be made prior to the event unless it conveys a

property right to the state for future availability and use.

L. 1. The Oklahoma Highway Safety Office of the Department of

Public Safety is hereby authorized to 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 highway-safety-related conferences, workshops,

seminars, meetings, or training sessions. The payments shall be for

all persons in attendance, including, but not limited to, employees

of political subdivisions or employees of the state or federal

government. For purposes specified in this paragraph, only federal

highway safety funds may be used in accordance with federal

guidelines and regulations, and no appropriated state funds shall be

used.

2. The cost of food for persons attending any highway safety

conferences, workshops, seminars, 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.

M. 1. The Director of the Oklahoma State Bureau of

Investigation is hereby authorized to 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 any conference, meeting, training session or

initiative to promote the mission and purposes of the Bureau. The

payments may be for all persons in attendance, including, but not

limited to, employees of political subdivisions or employees of the

state or federal government.

2. The cost of food for persons that do not require overnight

travel shall not exceed the total daily rate as provided in the

State Travel Reimbursement Act.

N. The Oklahoma Homeland Security Director is hereby authorized

to 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 homeland-security-related

conferences, meetings, workshops, seminars, exercises or training

sessions. The expenses may be paid directly to the contracting

agency or business establishment.

O. The State Department of Education is hereby authorized to

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 State Department of Education may establish accounts

as necessary for the collection and distribution of funds, including

Oklahoma Statutes - Title 74. State Government Page 464

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.

P. 1. The Insurance Commissioner of the Insurance Department

of the State of Oklahoma is hereby authorized to 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

Commissioner 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.

2. 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.

Q. 1. The State Regents for Higher Education is hereby

authorized to 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 State Regents for Higher Education 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.

2. 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.

R. 1. The Office of Educational Quality and Accountability is

hereby authorized to 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 Office of Educational Quality

and Accountability 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.

2. 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.

Oklahoma Statutes - Title 74. State Government Page 465

S. 1. The Department of Securities is hereby authorized to

enter into contracts and agreements for the payment of food,

lodging, meeting facility, facilitator fees and travel expenses,

exhibitor fees and other authorized expenses as may be necessary to

host, conduct, sponsor or participate in conferences, meetings,

training sessions or initiatives promoting or otherwise relating to

investor education. The Department of Securities may establish

accounts as necessary for the collection and distribution of funds,

including funds of sponsors and registration fees, related to such

conferences, meetings, training sessions or initiatives. The

payments may be for all persons in attendance, including, but not

limited to, employees of the state or federal government or

employees of political subdivisions of the state, including

employees of boards of public education. Expenses incurred may be

paid directly to the contracting agency or business establishment.

2. 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.

3. The Department of Securities is hereby authorized to pay

stipends to teachers participating in the investor education program

and monetary achievement awards to select participating students.

No appropriated state funds shall be used.

T. 1. The Oklahoma Department of Veterans Affairs is hereby

authorized to enter into contracts and agreements for the payment of

food, lodging, meeting facility, beverage and other authorized

expenses as may be necessary to host, conduct, sponsor or

participate in seminars, receptions, conferences, meetings or

training sessions related to the support of veterans and the

development of veterans' services. Expenses incurred may be paid

directly to the contracting agency or business establishment. The

Executive Director of the Oklahoma Department of Veterans Affairs

shall provide a monthly report of any such expenditures to the

Oklahoma Veterans Commission.

2. 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.

U. Whenever possible it shall be the policy of each state

agency to prepay airline fares and lodging expenses using a purchase

card issued to the agency. This policy shall apply to instances

where employees of the agency are traveling on behalf of state

government.
Okla. Stat. tit. 74, § 74-5060.9e — OK Code / Title 74 / Section 74-5060.9e
Renumbered as § 1-558 of Title 63 by Laws 1998, c
Status: in_force

210, § 9, eff. July 1, 1998.
Okla. Stat. tit. 74, § 74-325.2 — OK Code / Title 74 / Section 74-325.2
Incident Command Site Task Force
Status: in_force

A. There is hereby created, to continue until September 1,

2008, the “Incident Command Site Task Force”.

B. The Task Force shall consist of fifteen (15) members:

1. Three members shall be appointed by the Governor as follows:

a. one member from the Oklahoma Office of Homeland

Security,

b. one member from the Oklahoma State Firefighters

Association, and

c. one member who is a rural fire coordinator with

incident command experience;

2. Two members shall be appointed by the Speaker of the

Oklahoma House of Representatives as follows:

a. one member who is a firefighter with the rank of

officer from a rural area, and

Oklahoma Statutes - Title 74. State Government Page 422

b. one member of the Oklahoma House of Representatives;

3. Two members shall be appointed by the President Pro Tempore

of the State Senate as follows:

a. one member who is a firefighter with the rank of

officer from an urban area, and

b. one member of the State Senate;

4. The State Fire Marshal, or a designee;

5. The State Director of the Oklahoma Department of Career and

Technology Education, or a designee;

6. The Director of Oklahoma State University Fire Service

Training, or a designee;

7. The Chair of the Oklahoma Council on Firefighter Training,

or a designee;

8. The Commissioner of the Oklahoma Department of Agriculture,

Food, and Forestry, or a designee;

9. The Director of the Oklahoma Department of Emergency

Management, or a designee;

10. The Commissioner of Public Safety, or a designee; and

11. The Director of the International Fire Service Training

Association, or a designee.

C. The appointed member from the Oklahoma House of

Representatives and the appointed member from the State Senate shall

serve as cochairs of the Task Force. The cochairs shall convene the

first meeting of the Task Force. The members of the Task Force

shall elect any other officers during the first meeting and upon a

vacancy in any office. The Task Force shall meet as often as

necessary.

D. Appointments to the Task Force shall be made by August 1,

2007.

E. A majority of the members of the Task Force shall constitute

a quorum. A majority of the members present at a meeting may act

for the Task Force.

F. Nonlegislative members of the Task Force shall be reimbursed

by their respective agencies for necessary travel expenses incurred

in the performance of duties pursuant to the provisions of the State

Travel Reimbursement Act. Legislative members of the Task Force

shall be reimbursed for necessary travel expenses incurred in the

performance of duties in accordance with the provisions of Section

456 of Title 74 of the Oklahoma Statutes.

G. Administrative support for the Task Force including, but not

limited to, personnel necessary to ensure the proper performance of

the duties and responsibilities of the Task Force shall be provided

by the Office of the State Fire Marshal to be supplemented, if

necessary, by the state agencies involved in the Task Force.

H. The Task Force shall study and make recommendations of

appropriate incident command systems including, but not limited to,

unified command for managing multidiscipline and multijurisdictional

Oklahoma Statutes - Title 74. State Government Page 423

fire incidents occurring in this state. Recommendations shall be

consistent with the National Incident Management System (NIMS).

I. The Task Force shall publish a report of findings and

recommendations by September 1, 2008, including recommendations for

any resulting legislation.
Okla. Stat. tit. 74, § 74-29 — OK Code / Title 74 / Section 74-29
Designation as Natural Gas Curtailment and Regulation
Status: in_force

Hearings Counsel.

The Office of the Attorney General is hereby authorized and

directed to act as the Oklahoma Natural Gas Curtailment and

Regulation Hearings Counsel in proceedings before federal regulatory

agencies and state and federal courts.
Okla. Stat. tit. 74, § 74-5063.23 — OK Code / Title 74 / Section 74-5063.23
Borrower eligibility criteria
Status: in_force

To be eligible for the Beginning Agricultural Producer Pool

provided for in Section 695.24 of Title 62 of the Oklahoma Statutes,

a borrower must:

1. Be a resident of Oklahoma;

2. Be, or one of the borrowers must be, the principal operator

of the farm;

3. Have sufficient education, training or experience in the

type of farming for which the loan is desired;

4. Have a total net worth, including total assets minus total

liabilities of the borrower's spouse and dependents, of less than

Two Hundred Thousand Dollars ($200,000.00) in 1992 and an amount in

subsequent years determined by multiplying Two Hundred Thousand

Dollars ($200,000.00) by the cumulative inflation rate in years

subsequent to 1992 as determined by the United States All-Items

Consumer Price Index;

5. Demonstrate a need for the loan;

6. Demonstrate an ability to repay the loan;

7. Certify that the agricultural land to be purchased will be

used by the borrower for agricultural purposes;

8. Certify that farming will be the principal occupation of the

borrower;

9. Agree to participate in a farm management program approved

by the Commissioner of Agriculture for at least the first five (5)

years of the loan, if an approved program is available within forty-

five (45) miles from the borrower's residence;

Oklahoma Statutes - Title 74. State Government Page 1151

10. Agree to file an approved soil and water conservation plan

with the soil conservation service office in the county where the

land is located;

11. Agree that the original principal amount of funding

pursuant to this act shall not exceed Two Hundred Fifty Thousand

Dollars ($250,000.00); and

12. Meet such other requirements as deemed necessary by the

Oklahoma Development Finance Authority.
Okla. Stat. tit. 74, § 74-2218 — OK Code / Title 74 / Section 74-2218
Regulation of waterways
Status: in_force

Authorized park personnel are authorized to inspect boats, issue

permits for the operation of watercraft of all kinds, charge and

collect fees for the inspection and for the operation of such craft,

prescribing the type, style, location and equipment of all wharves,

docks and anchorages, pavilions, restaurants and other structures or

buildings which may be constructed along shores or upon the waters

of any body of water or upon other property controlled by the

Commission and providing for the licensing, inspection and

supervision of same, and granting and imposing charges for permits

and for all commercial uses or purposes to which any of the

properties of the Commission or any structures or buildings located

on property of the Commission may be used.
Okla. Stat. tit. 74, § 74-110.3 — OK Code / Title 74 / Section 74-110.3
State agencies - Inventory record of motor vehicles
Status: in_force

A. All state agencies shall maintain inventory records of its

motor vehicles. The records shall include:

1. A detailed description of each vehicle, including its

original cost;

2. The vehicle identification number;

3. The license tag number;

4. The make, model, and year of the vehicle; and

5. A designation of loaned or leased vehicles and the name of

the vendor.

B. Each state agency regardless of the exceptions granted in

Section 78 of this title 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.
Okla. Stat. tit. 74, § 74-1226.6 — OK Code / Title 74 / Section 74-1226.6
Trust agreements for securing revenue bonds
Status: in_force

In the discretion of the Authority any bonds issued under the

provisions of this act may be secured by a trust agreement by and

between the Authority and a corporate trustee, which may be any

trust company or bank having the powers of a trust company within or

without the state. Such trust agreement may pledge or assign lease

payments, user fees and other revenues to be received from the

project constructed by the use of the proceeds of the bonds. Such

trust agreement or resolution providing for the issuance of such

bonds may contain such provisions for protecting and enforcing the

rights and remedies of the bondholders as may be reasonable and

proper and not in violation of law, including covenants setting

forth the duties of the Authority in relation to the acquisition of

property and the construction, improvement, maintenance, repair,

operation and insurance of the project in connection with which such

bonds shall have been authorized, and the custody, safeguarding and

application of all monies in connection with the construction or

operation of such project or projects. It shall be lawful for any

bank or trust company incorporated under the laws of the state which

may act as depository of the proceeds of bonds or of revenues to

furnish such indemnifying bonds or to pledge such securities as may

be required by the Authority. Any such trust agreement may set

forth the rights and remedies of the bondholders and of the trustee,

and may restrict the individual right of action by bondholders as is

customary in trust agreements or trust indentures securing bonds and

debentures of corporations. In addition to the foregoing any such

trust agreement may contain such other provisions as the Authority

may deem reasonable and proper for the security of the bondholders.

All expenses incurred in carrying out the provisions of such trust

agreement may be treated as a part of the cost of the operation of

the project or projects.
Okla. Stat. tit. 74, § 74-51.2b — OK Code / Title 74 / Section 74-51.2b
Oklahoma School Security Grant Program Act
Status: in_force

A. This section shall be known and may be cited as the

“Oklahoma School Security Grant Program Act”.

Oklahoma Statutes - Title 74. State Government Page 113

B. The 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.

C. The goals and objectives of the Oklahoma School Security

Grant Program are to:

1. Increase the awareness of the public and educational

institutions of the risks, threats, and vulnerabilities of school

campuses as well as mitigation strategies;

2. Incentivize participation in school security training

programs designed to assess campus risks, threats, and

vulnerabilities;

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

4. Build upon the success of the pilot education grant program

established by the Office of Homeland Security.

D. The 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. To be eligible for an

Oklahoma School Security Grant Program award, an institution of

higher learning, technology center school, public school, or private

school shall:

1. Complete a risk and vulnerability assessment conducted by

the Oklahoma School Security Institute or a nationally qualified

risk and vulnerability assessor; and

2. Agree to expend grant funds on items recommended by the risk

and vulnerability assessment and/or to provide de-escalation and

behavioral threat assessment and management training to employees.

Recommended items eligible for grant fund expenditures may include,

but shall not be limited to, physical security enhancements such as

cameras, gates, lighting, locks, doors, windows, security

geofencing, and ballistic storm shelters.

E. Each year the Office of Homeland Security shall prepare an

annual report on the Oklahoma School Security Grant Program and

submit the report electronically to the Governor, the President Pro

Tempore of the Senate, and the Speaker of the House of

Representatives. The report shall include a list of the recipients

of Oklahoma School Security Grant Program awards and information on

how grant funds were used during the previous year.
Okla. Stat. tit. 74, § 74-943 — OK Code / Title 74 / Section 74-943
Oklahoma State Pension Commission Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

to be designated the "Oklahoma State Pension Commission Revolving

Fund" which shall consist of all monies received by the Commission

as provided by law. The fund shall be a continuing fund not subject

to fiscal year limitations. Monies accruing to the credit of the

fund are hereby appropriated and may be expended by the Oklahoma

State Pension Commission for implementing its duties. Expenditures

from the fund shall be made upon warrants issued by the State

Treasurer against claims submitted by the Commission to the Director

of the Office of Management and Enterprise Services for audit and

payment.
Okla. Stat. tit. 74, § 74-5062.4 — OK Code / Title 74 / Section 74-5062.4
Relationship with Oklahoma Futures - Annual business
Status: in_force

plan.

The Oklahoma Development Finance Authority shall exercise the

powers granted to it in a manner consistent with each five-year plan

developed by Oklahoma Futures for the activities and programs of the

Authority. The Oklahoma Development Finance Authority shall submit

a proposed schedule of activities and goals to Oklahoma Futures in

order to facilitate development of the first five-year plan

provisions applicable to the Authority.

The board of directors shall develop an annual business plan for

the Oklahoma Development Finance Authority. The business plan shall

be submitted to Oklahoma Futures for its approval and shall be

included in the annual report of Oklahoma Futures. The business

plan shall be consistent with the goals of the recurring five-year

policy plan as provided by law. Oklahoma Futures shall approve such

policy plan before it is implemented. The board of directors shall

distribute copies of the business plan by such means that will make

it widely available to communities, firms and local economic

development managers throughout this state.
Okla. Stat. tit. 74, § 74-30b — OK Code / Title 74 / Section 74-30b
Oklahoma Drug and Alcohol Abuse Policy Board - Members -
Status: in_force

Chairperson - Election of officers - Meetings.

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

Policy Board.

B. A chairperson shall be chosen annually by the members of the

Oklahoma Drug and Alcohol Abuse Policy Board to serve a term

beginning July 1. The chairperson may establish committees,

subcommittees, or other working groups in order to accomplish the

goals of the Board.

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

1. The Governor or designee;

2. The Attorney General or designee;

3. The Director of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control or designee;

4. The Director of the Oklahoma State Bureau of Investigation

or designee;

5. The Commissioner of Public Safety or designee;

6. The Commissioner of the Department of Mental Health and

Substance Abuse Services or designee;

7. The Commissioner of Health or designee;

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

9. The Superintendent of Public Instruction or designee;

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

11. The Director of the Department of Human Services or

designee;

12. The Director of the Alcoholic Beverage Laws Enforcement

Commission or designee;

13. The Executive Director of the District Attorneys' Council

or designee;

14. The Executive Director of the Oklahoma Commission on

Children and Youth or designee;

15. The Executive Director of the Office of Juvenile Affairs or

designee; and

16. Two appointees of the Governor, who shall be private

citizens appointed to serve for one-year terms.

D. Any other state or local agency or individual may become a

nonvoting member of the Board upon approval of a two-thirds (2/3)

Oklahoma Statutes - Title 74. State Government Page 107

majority of the voting members set forth in subsection C of this

section.

E. Other officers, excluding the chairperson, may be elected at

the discretion of the voting Board members.

F. The Board shall hold meetings at least quarterly and at such

other times as the chairperson deems necessary.
Okla. Stat. tit. 74, § 74-168 — OK Code / Title 74 / Section 74-168
Library for the Blind and Physically Handicapped - Transfer of land - Indebtedness and
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 11Transfer of land - Indebtedness and bonds.

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.

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.

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

Oklahoma Statutes - Title 74. State Government Page 350

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.

C. The State Treasurer is hereby authorized to purchase said

negotiable bonds.

D. The interest rate on the bonds issued pursuant to this

section shall not exceed ten percent (10%) per annum.

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.
Okla. Stat. tit. 74, § 74-5223 — OK Code / Title 74 / Section 74-5223
Renumbered as § 533 of Title 3 by Laws 2025, c. 274, §
Status: in_force

40, eff. July 1, 2025.