Okla. Stat. tit. 74, § 74-902v2 — OK Code / Title 74 / Section 74-902v2
Definitions
Status: in_force

As used in Section 901 et seq. of this title:

(1) "System" means the Oklahoma Public Employees Retirement

System as established by Section 901 et seq. of this title and as it

may hereafter be amended;

(2) "Accumulated contributions" means the sum of all

contributions by a member to the System which shall be credited to

the member’s account;

(3) "Act" means Sections 901 to 932, inclusive, of this title;

(4) "Actuarial equivalent" means a deferred income benefit of

equal value to the accumulated deposits or benefits when computed

upon the basis of the actuarial tables in use by the System;

(5) "Actuarial tables" means the actuarial tables approved and

in use by the Board at any given time;

(6) "Actuary" means the actuary or firm of actuaries employed

by the Board at any given time;

(7) "Beneficiary" means any person named by a member to receive

any benefits as provided for by Section 901 et seq. of this title.

If there is no beneficiary living at time of member employee’s

death, the member’s estate shall be the beneficiary;

(8) "Board" means the Oklahoma Public Employees Retirement

System Board of Trustees;

(9) "Compensation" means all salary and wages, as defined by

the Board of Trustees, including amounts deferred under deferred

compensation agreements entered into between a member and a

participating employer, but exclusive of payment for overtime,

payable to a member of the System for personal services performed

for a participating employer but shall not include compensation or

reimbursement for traveling, or moving expenses, or any compensation

in excess of the maximum compensation level, provided:

Oklahoma Statutes - Title 74. State Government Page 605

(a) For compensation for service prior to January 1, 1988,

the maximum compensation level shall be Twenty-five

Thousand Dollars ($25,000.00) per annum.

For compensation for service on or after January 1,

1988, through June 30, 1994, the maximum compensation

level shall be Forty Thousand Dollars ($40,000.00) per

annum.

For compensation for service on or after July 1, 1994,

through June 30, 1995, the maximum compensation level

shall be Fifty Thousand Dollars ($50,000.00) per

annum; for compensation for service on or after July

1, 1995, through June 30, 1996, the maximum

compensation level shall be Sixty Thousand Dollars

($60,000.00) per annum; for compensation for service

on or after July 1, 1996, through June 30, 1997, the

maximum compensation level shall be Seventy Thousand

Dollars ($70,000.00) per annum; and for compensation

for service on or after July 1, 1997, through June 30,

1998, the maximum compensation level shall be Eighty

Thousand Dollars ($80,000.00) per annum. For

compensation for services on or after July 1, 1998,

there shall be no maximum compensation level for

retirement purposes.

(b) Compensation for retirement purposes shall include any

amount of elective salary reduction under Section 457

of the Internal Revenue Code of 1986 and any amount of

nonelective salary reduction under Section 414(h) of

the Internal Revenue Code of 1986.

(c) Notwithstanding any provision to the contrary, the

compensation taken into account for any employee in

determining the contribution or benefit accruals for

any plan year is limited to the annual compensation

limit under Section 401(a)(17) of the federal Internal

Revenue Code.

(d) Current appointed members of the Oklahoma Tax

Commission whose salary is constitutionally limited

and is less than the highest salary allowed by law for

his or her position shall be allowed, within ninety

(90) days from March 21, 2001, to make an election to

use the highest salary allowed by law for the position

to which the member was appointed for the purposes of

making contributions and determination of retirement

benefits. Such election shall be irrevocable and be

in writing. Reappointment to the same office shall

not permit a new election. Members appointed to the

Oklahoma Tax Commission after the March 21, 2001,

shall make such election, pursuant to this

Oklahoma Statutes - Title 74. State Government Page 606

subparagraph, within ninety (90) days of taking

office;

(10) "Credited service" means the sum of participating service,

prior service and elected service;

(11) "Dependent" means a parent, child, or spouse of a member

who is dependent upon the member for at least one-half (1/2) of the

member’s support;

(12) "Effective date" means the date upon which the System

becomes effective by operation of law;

(13) "Eligible employer" means the state and any county, county

hospital, city or town, conservation districts, circuit engineering

districts and any public or private trust in which a county, city or

town participates and is the primary beneficiary, is to be an

eligible employer for the purpose of Section 901 et seq. of this

title only, whose employees are covered by Social Security and are

not covered by or eligible for another retirement plan authorized

under the laws of this state which is in operation on the initial

entry date. Emergency medical service districts may join the System

upon proper application to the Board. Provided, affiliation by a

county hospital shall be in the form of a resolution adopted by the

board of control.

(a) If a class or several classes of employees of any

above-defined employers are covered by Social Security

and are not covered by or eligible for and will not

become eligible for another retirement plan authorized

under the laws of this state, which is in operation on

the effective date, such employer shall be deemed an

eligible employer, but only with respect to that class

or those classes of employees as defined in this

section.

(b) A class or several classes of employees who are

covered by Social Security and are not covered by or

eligible for and will not become eligible for another

retirement plan authorized under the laws of this

state, which is in operation on the effective date,

and when the qualifications for employment in such

class or classes are set by state law; and when such

class or classes of employees are employed by a county

or municipal government pursuant to such

qualifications; and when the services provided by such

employees are of such nature that they qualify for

matching by or contributions from state or federal

funds administered by an agency of state government

which qualifies as a participating employer, then the

agency of state government administering the state or

federal funds shall be deemed an eligible employer,

but only with respect to that class or those classes

Oklahoma Statutes - Title 74. State Government Page 607

of employees as defined in this subsection; provided,

that the required contributions to the retirement plan

may be withheld from the contributions of state or

federal funds administered by the state agency and

transmitted to the System on the same basis as the

employee and employer contributions are transmitted

for the direct employees of the state agency. The

retirement or eligibility for retirement under the

provisions of law providing pensions for service as a

volunteer firefighter shall not render any person

ineligible for participation in the benefits provided

for in Section 901 et seq. of this title. An employee

of any public or private trust in which a county, city

or town participates and is the primary beneficiary

shall be deemed to be an eligible employee for the

purpose of Section 901 et seq. of this title only.

(c) All employees of the George Nigh Rehabilitation

Institute who elected to retain membership in the

System, pursuant to Section 913.7 of this title, shall

continue to be eligible employees for the purposes of

Section 901 et seq. of this title. The George Nigh

Rehabilitation Institute shall be considered a

participating employer only for such employees.

(d) All employees of CompSource Mutual Insurance Company

who retain membership in the Oklahoma Public Employees

Retirement System pursuant to Section 913.9 of this

title shall continue to be eligible employees for the

purposes of the Oklahoma Public Employees Retirement

System. CompSource Mutual Insurance Company shall be

considered a participating employer only for such

employees.

(e) All employees of a successor organization, as defined

by Section 5-60.12 of Title 2 of the Oklahoma

Statutes, who retain membership in the Oklahoma Public

Employees Retirement System pursuant to Section 5-

60.35 of Title 2 of the Oklahoma Statutes shall

continue to be eligible employees for the purposes of

the Oklahoma Public Employees Retirement System. A

successor organization shall be considered a

participating employer only for such employees.

(f) A participating employer of the Teachers’ Retirement

System of Oklahoma, who has one or more employees who

have made an election pursuant to enabling legislation

to retain membership in the System as a result of

change in administration, shall be considered a

participating employer of the Oklahoma Public

Employees Retirement System only for such employees;

Oklahoma Statutes - Title 74. State Government Page 608

(14) "Employee" means any officer or employee of a

participating employer, whose employment is not seasonal or

temporary and whose employment requires at least one thousand

(1,000) hours of work per year and whose salary or wage is equal to

the hourly rate of the monthly minimum wage for state employees.

For those eligible employers outlined in Section 910 of this title,

the rate shall be equal to the hourly rate of the monthly minimum

wage for that employer. Each employer, whose minimum wage is less

than the state’s minimum wage, shall inform the System of the

minimum wage for that employer. This notification shall be by

resolution of the governing body.

(a) Any employee of the county extension agents who is not

currently participating in the Teachers’ Retirement

System of Oklahoma shall be a member of this System.

(b) Eligibility shall not include any employee who is a

contributing member of the United States Civil Service

Retirement System.

(c) It shall be mandatory for an officer, appointee or

employee of the office of district attorney to become

a member of this System if he or she is not currently

participating in a county retirement system. Provided

further, that if an officer, appointee or employee of

the office of district attorney is currently

participating in such county retirement system, he or

she is ineligible for this System as long as he or she

is eligible for such county retirement system. Any

eligible officer, appointee or employee of the office

of district attorney shall be given credit for prior

service as defined in this section. The provisions

outlined in Section 917 of this title shall apply to

those employees who have previously withdrawn their

contributions.

(d) Eligibility shall also not include any officer or

employee of the Oklahoma Employment Security

Commission, except for those officers and employees of

the Commission electing to transfer to this System

pursuant to the provisions of Section 910.1 of this

title or any other class of officers or employees

specifically exempted by the laws of this state,

unless there be a consolidation as provided by Section

912 of this title. Employees of the Oklahoma

Employment Security Commission who are ineligible for

enrollment in the Oklahoma Employment Security

Commission Retirement Plan, that was in effect on

January 1, 1964, shall become members of this System.

(e) Any employee employed by the Legislative Service

Bureau, Senate or House of Representatives for the

Oklahoma Statutes - Title 74. State Government Page 609

full duration of a regular legislative session shall

be eligible for membership in the System regardless of

classification as a temporary employee and may

participate in the System during the regular

legislative session at the option of the employee.

For purposes of this subparagraph, 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.

Each regular legislative session during which the

legislative employee or an employee of the Legislative

Service Bureau participates full time shall be counted

as six (6) months of full-time participating service.

(i) Except as otherwise provided by this

subparagraph, once a temporary session employee

makes a choice to participate or not, the choice

shall be binding for all future legislative

sessions during which the employee is employed.

(ii) Notwithstanding the provisions of division (i) of

this subparagraph, any employee, who is eligible

for membership in the System because of the

provisions of this subparagraph and who was

employed by the Senate or House of

Representatives after January 1, 1989, may file

an election, in a manner specified by the Board,

to participate as a member of the System prior to

September 1, 1989.

(iii) Notwithstanding the provisions of division (i) of

this subparagraph, a temporary legislative

session employee who elected to become a member

of the System may withdraw from the System

effective the day such employee elected to

participate in the System upon written request to

the Board. Any such request must be received by

the Board prior to October 1, 1990. All employee

contributions made by the temporary legislative

session employee shall be returned to the

employee without interest within four (4) months

of receipt of the written request.

(iv) A member of the System who did not initially

elect to participate as a member of the System

pursuant to this subparagraph shall be able to

acquire service performed as a temporary

Oklahoma Statutes - Title 74. State Government Page 610

legislative session employee for periods of

service performed prior to the date upon which

the person became a member of the System if:

a. the member files an election with the System

not later than December 31, 2000, to

purchase the prior service; and

b. the member makes payment to the System of

the actuarial cost of the service credit

pursuant to subsection A of Section 913.5 of

this title. The provisions of Section 913.5

of this title shall be applicable to the

purchase of the service credit, including

the provisions for determining service

credit in the event of incomplete payment

due to cessation of payments, death,

termination of employment or retirement, but

the payment may extend for a period not to

exceed ninety-six (96) months;

(15) "Entry date" means the date on which an eligible employer

joins the System. The first entry date pursuant to Section 901 et

seq. of this title shall be January 1, 1964;

(16) "Executive Director" means the managing officer of the

System employed by the Board under Section 901 et seq. of this

title;

(17) "Federal Internal Revenue Code" means the federal Internal

Revenue Code of 1954 or 1986, as amended and as applicable to a

governmental plan as in effect on July 1, 1999;

(18) "Final average compensation" means the average annual

compensation, including amounts deferred under deferred compensation

agreements entered into between a member and a participating

employer, up to, but not exceeding the maximum compensation levels

as provided in paragraph (9) of this section received during the

highest three (3) of the last ten (10) years of participating

service immediately preceding retirement or termination of

employment and with respect to members whose first participating

service occurs on or after July 1, 2013, the compensation received

during the highest five (5) of the last ten (10) years of

participating service immediately preceding retirement or

termination of employment. Provided, no member shall retire with a

final average compensation unless the member has made the required

contributions on such compensation, as defined by the Board of

Trustees;

(19) "Fiscal year" means the period commencing July 1 of any

year and ending June 30 of the next year. The fiscal year is the

plan year for purposes of the federal Internal Revenue Code;

however, the calendar year is the limitation year for purposes of

Section 415 of the federal Internal Revenue Code;

Oklahoma Statutes - Title 74. State Government Page 611

(20) "Fund" means the Oklahoma Public Employees Retirement Fund

as created by Section 901 et seq. of this title;

(21) "Leave of absence" means a period of absence from

employment without pay, authorized and approved by the employer and

acknowledged to the Board, and which after the effective date does

not exceed two (2) years;

(22) "Member" means an eligible employee or elected official

who is in the System and is making the required employee or elected

official contributions, or any former employee or elected official

who shall have made the required contributions to the System and

shall have not received a refund or withdrawal;

(23) "Military service" means service in the Armed Forces of

the United States by an honorably discharged person during the

following time periods, as reflected on such person’s Defense

Department Form 214, not to exceed five (5) years for combined

participating and/or prior service, as follows:

(a) during the following periods, including the beginning

and ending dates, and only for the periods served,

from:

(i) April 6, 1917, to November 11, 1918, commonly

referred to as World War I,

(ii) September 16, 1940, to December 7, 1941, as a

member of the 45th Division,

(iii) December 7, 1941, to December 31, 1946, commonly

referred to as World War II,

(iv) June 27, 1950, to January 31, 1955, commonly

referred to as the Korean Conflict or the Korean

War,

(v) February 28, 1961, to May 7, 1975, commonly

referred to as the Vietnam era, except that:

a. for the period from February 28, 1961, to

August 4, 1964, military service shall only

include service in the Republic of Vietnam

during that period, and

b. for purposes of determining eligibility for

education and training benefits, such period

shall end on December 31, 1976, or

(vi) August 1, 1990, to December 31, 1991, commonly

referred to as the Gulf War, the Persian Gulf

War, or Operation Desert Storm, but excluding any

person who served on active duty for training

only, unless discharged from such active duty for

a service-connected disability;

(b) during a period of war or combat military operation

other than a conflict, war or era listed in

subparagraph (a) of this paragraph, beginning on the

date of Congressional authorization, Congressional

Oklahoma Statutes - Title 74. State Government Page 612

resolution, or Executive Order of the President of the

United States, for the use of the Armed Forces of the

United States in a war or combat military operation,

if such war or combat military operation lasted for a

period of ninety (90) days or more, for a person who

served, and only for the period served, in the area of

responsibility of the war or combat military

operation, but excluding a person who served on active

duty for training only, unless discharged from such

active duty for a service-connected disability, and

provided that the burden of proof of military service

during this period shall be with the member, who must

present appropriate documentation establishing such

service.

An eligible member under this paragraph shall include only those

persons who shall have served during the times or in the areas

prescribed in this paragraph, and only if such person provides

appropriate documentation in such time and manner as required by the

System to establish such military service prescribed in this

paragraph, or for service pursuant to subdivision a of division (v)

of subparagraph (a) of this paragraph those persons who were awarded

service medals, as authorized by the United States Department of

Defense as reflected in the veteran’s Defense Department Form 214,

related to the Vietnam Conflict for service prior to August 5, 1964;

(24) "Normal retirement date" means the date on which a member

may retire with full retirement benefits as provided in Section 901

et seq. of this title, such date being whichever occurs first:

(a) the first day of the month coinciding with or

following a member’s:

(1) sixty-second birthday with respect to members

whose first participating service occurs prior to

November 1, 2011, or

(2) sixty-fifth birthday with respect to members

whose first participating service occurs on or

after November 1, 2011, or with respect to

members whose first participating service occurs

on or after November 1, 2011, who reach a minimum

age of sixty (60) years and who also reach a

normal retirement date pursuant to subparagraph c

of this paragraph,

(b) for any person who initially became a member prior to

July 1, 1992, and who does not reach a normal

retirement date pursuant to division (1) of

subparagraph (a) of this paragraph, the first day of

the month coinciding with or following the date at

which the sum of a member’s age and number of years of

credited service total eighty (80); such a normal

Oklahoma Statutes - Title 74. State Government Page 613

retirement date will also apply to any person who

became a member of the sending system as defined in

Section 901 et seq. of this title, prior to July 1,

1992, regardless of whether there were breaks in

service after July 1, 1992,

(c) for any person who became a member after June 30,

1992, but prior to November 1, 2011, and who does not

reach a normal retirement date pursuant to division

(1) of subparagraph (a) of this paragraph, the first

day of the month coinciding with or following the date

at which the sum of a member’s age and number of years

of credited service total ninety (90),

(d) in addition to subparagraphs (a), (b) and (c) of this

paragraph, the first day of the month coinciding with

or following a member’s completion of at least twenty

(20) years of full-time-equivalent employment as:

(i) a correctional or probation and parole officer

with the Department of Corrections and at the

time of retirement, the member was a correctional

or probation and parole officer with the

Department of Corrections,

(ii) a correctional officer, probation and parole

officer or fugitive apprehension agent with the

Department of Corrections who is in such position

on June 30, 2004, or who is hired after June 30,

2004, and who receives a promotion or change in

job classification after June 30, 2004, to

another position in the Department of

Corrections, so long as such officer or agent has

at least five (5) years of service as a

correctional officer, probation and parole

officer or fugitive apprehension agent with the

Department, has twenty (20) years of full-time-

equivalent employment with the Department and was

employed by the Department at the time of

retirement,

(iii) a firefighter with the Military Department of the

State of Oklahoma either employed for the first

time on or after July 1, 2002, or who was

employed prior to July 1, 2002, in such position

and who makes the election authorized by division

(2) of subparagraph b of paragraph (9) of

subsection A of Section 915 of this title and at

the time of retirement, the member was a

firefighter with the Military Department of the

State of Oklahoma, and such member has at least

twenty (20) years of credited service upon which

Oklahoma Statutes - Title 74. State Government Page 614

the two and one-half percent (2 1/2%) multiplier

will be used in calculating the retirement

benefit,

(iv) a public safety officer employed by the Grand

River Dam Authority for the first time on or

after July 1, 2016,

(v) a deputy sheriff or jailer employed by any county

that is a participating employer in the System

for the first time as a deputy sheriff or jailer

on or after November 1, 2020, or

(vi) beginning November 1, 2024, a deputy sheriff or

jailer employed by any county that is a

participating employer in the System for the

first time as a deputy sheriff or jailer before

November 1, 2020, including those who make the

election authorized by division (2) of

subparagraph b of paragraph (10) of subsection A

of Section 915 of this title, and at the time of

retirement, if the member was a deputy sheriff or

jailer employed by the participating county, and

such member has at least twenty (20) years of

credited service upon which the two and one-half

percent (2 1/2%) multiplier will be used in

calculating the retirement benefit,

(e) for those fugitive apprehension agents who retire on

or after July 1, 2002, the first day of the month

coinciding with or following a member’s completion of

at least twenty (20) years of full-time-equivalent

employment as a fugitive apprehension agent with the

Department of Corrections and at the time of

retirement, the member was a fugitive apprehension

agent with the Department of Corrections, or

(f) for any member who was continuously employed by an

entity or institution within The Oklahoma State System

of Higher Education and whose initial employment with

such entity or institution was prior to July 1, 1992,

and who without a break in service of more than thirty

(30) days became employed by an employer participating

in the Oklahoma Public Employees Retirement System,

the first day of the month coinciding with or

following the date at which the sum of the member’s

age and number of years of credited service total

eighty (80);

(25) "Participating employer" means an eligible employer who

has agreed to make contributions to the System on behalf of its

employees;

Oklahoma Statutes - Title 74. State Government Page 615

(26) "Participating service" means the period of employment

after the entry date for which credit is granted a member.

Provided, on or after the effective date of this act, military

service credit purchased under Section 913.8 of this title shall

only be considered "participating service" if such service is

immediately preceded by a period of employment with a participating

employer and followed by a return to service as an employee with the

same or another participating employer within ninety (90) days

immediately following discharge from such military service;

(27) "Prior service" means the period of employment of a member

by an eligible employer prior to the member’s entry date for which

credit is granted a member under Section 901 et seq. of this title.

Provided, on or after the effective date of this act, "prior

service" shall also include service purchased under Section 913.8 of

this title which does not meet the requirements of paragraph 26 of

this section;

(28) "Retirant" or "retiree" means a member who has retired

under the System;

(29) "Retirement benefit" means a monthly income with benefits

accruing from the first day of the month coinciding with or

following retirement and ending on the last day of the month in

which death occurs or the actuarial equivalent thereof paid in such

manner as specified by the member pursuant to Section 901 et seq. of

this title or as otherwise allowed to be paid at the discretion of

the Board;

(30) "Retirement coordinator" means the individual designated

by each participating employer through whom System transactions and

communication shall be directed;

(31) "Social Security" means the old-age survivors and

disability section of the federal Social Security Act;

(32) "Total disability" means a physical or mental disability

accepted for disability benefits by the federal Social Security

System;

(33) "Service-connected disability benefits" means military

service benefits which are for a service-connected disability rated

at twenty percent (20%) or more by the Veterans Administration or

the Armed Forces of the United States;

(34) "Elected official" means a person elected to a state

office in the legislative or executive branch of state government or

a person elected to a county office for a definite number of years

and shall include an individual who is appointed to fill the

unexpired term of an elected state official;

(35) "Elected service" means the period of service as an

elected official;

(36) "Limitation year" means the year used in applying the

limitations of Section 415 of the Internal Revenue Code of 1986,

which year shall be the calendar year; and

Oklahoma Statutes - Title 74. State Government Page 616

(37) "Public safety officers of the Grand River Dam Authority"

means those persons hired by the Grand River Dam Authority on or

after March 21, 2001, who are certified by the Council on Law

Enforcement Education and Training or an equivalent certifying

entity for law enforcement personnel training and who perform law

enforcement functions as part of their regularly assigned duties and

responsibilities on a full-time basis. With respect to any public

safety officer hired by the Grand River Dam Authority on or after

March 21, 2001, any earned benefits or credits toward retirement

benefits from previous participation within the Oklahoma Public

Employees Retirement System or the Oklahoma Law Enforcement

Retirement System shall remain within that system.
Okla. Stat. tit. 74, § 74-128.1 — OK Code / Title 74 / Section 74-128.1
Renumbered as § 324 of Title 61 by Laws 2013, c. 209, §
Status: in_force

36, eff. July 1, 2013.
Okla. Stat. tit. 74, § 74-842 — OK Code / Title 74 / Section 74-842
Access of product vendors to employees
Status: in_force

A. Effective July 1, 2003, state agencies shall allow product

vendors that have an authorized payroll deduction for state

employees pursuant to Section 7.10 of Title 62 of the Oklahoma

Statutes reasonable access to state employees in order to provide

information concerning their products. In cooperation with the

individual state agencies, vendors shall be allowed, at a minimum,

annual access to state employees for such purpose. This access

shall only occur during scheduled breaks or during periods

immediately before or after normal work hours and must not disrupt

or interfere with the business of the agency. For those state

government facilities that operate twenty-four (24) hours a day,

vendors shall be allowed access for each shift. State funds shall

not be utilized to accommodate this access.

B. The Director of the Office of Management and Enterprise

Services may promulgate rules necessary to implement this section.
Okla. Stat. tit. 74, § 74-692 — OK Code / Title 74 / Section 74-692
Purpose — Annual report — Fundraising
Status: in_force

A. The purpose of the Oklahoma Ireland Trade Commission shall

be to advance, promote, and encourage business and other mutually

beneficial activities between Oklahoma and Ireland, including:

1. Bilateral trade and investment;

2. Joint action on policy issues of mutual interest;

3. Business and academic exchanges;

4. Mutual economic support;

5. Mutual investment in the respective infrastructure; and

6. Other opportunities for mutual benefit and economic growth

as identified by the Commission.

B. The Commission shall report its findings, activities,

results, and recommendations to the Governor, the Speaker of the

Oklahoma House of Representatives, and the President Pro Tempore of

the Oklahoma State Senate within one (1) year of its initial meeting

and by February 1st of each succeeding year for the activities of

the preceding calendar year. The report shall be in writing and may

include recommendations or proposed legislation as deemed

appropriate by the Commission to effectuate its purpose.

C. The Oklahoma Ireland Trade Commission shall be authorized to

raise funds, through direct solicitation or other fundraising

events, alone, or with other groups, and accept gifts, grants, and

bequests from individuals, corporations, foundations, governmental

agencies, and public and private organizations and institutions, to

carry out its purposes.
Okla. Stat. tit. 74, § 74-5062.8v2 — OK Code / Title 74 / Section 74-5062.8v2
Powers of authority
Status: in_force

The Oklahoma Development Finance Authority is hereby granted,

has and may exercise all powers necessary or appropriate to carry

out and effectuate its corporate purposes including, without

limiting the generality thereof, the following:

1. To adopt, amend and repeal rules and regulations, policies

and procedures for the regulation of its affairs and the conduct of

its business;

2. To sue and be sued in its own name;

3. To have an official seal and power to alter that seal at

will;

4. To maintain an office at such place or places within this

state as it may designate;

5. To adopt, amend and repeal bylaws and rules and regulations,

not inconsistent with the Oklahoma Development Finance Authority

Act, to carry into effect the powers and purposes of the Authority

and the conduct of its business;

6. To make and execute contracts with any individual,

corporation, whether profit or nonprofit, association or any other

entity and all other instruments necessary or convenient for the

performance of its duties and the exercise of its powers and

functions under the Oklahoma Development Finance Authority Act;

7. To employ underwriters, bond or other legal counsel,

financial advisors, consultants, a financial institution to serve as

trustee, paying agent or in any fiduciary capacity in connection

with any program, indenture or general resolution of the Authority,

or any other experts and to determine their qualifications, duties

and compensation subject to the provisions of the Oklahoma

Oklahoma Statutes - Title 74. State Government Page 1123

Development Finance Authority Act for advice and oversight of the

State Bond Advisor; provided, however, after July 1, 1987, the

Authority shall not employ or contract with any person, partnership,

corporation, trust or other entity for underwriting services for

issuance of bonded indebtedness if that entity has served as

financial advisor to the Authority concerning the consideration of

that issuance.

When engaging the services of underwriters, bond or other legal

counsel, financial advisors, consultants, a financial institution to

serve as trustee, paying agent or in any fiduciary capacity in

connection with any program, indenture or general resolution of the

Authority, or any other experts, the board shall be governed by the

provisions of subsection C of Section 695.7 of Title 62 of the

Oklahoma Statutes except when engaging such services in connection

with a program whose purpose is to provide financing for a single,

private entity which has previously selected providers of any such

services prior to making application to the Authority, provided such

financing for the program shall not be backed by the Credit

Enhancement Reserve Fund;

8. To procure insurance against any loss in connection with its

property and other assets in such amounts and from such insurers as

it deems desirable;

9. To borrow money and to issue bonds, whether or not the

interest thereon is to be includable in the gross income of the

recipients thereof for federal income tax purposes including,

without limitation, to provide on a pooled or consolidated basis

financing for the purposes and projects herein provided and to

provide for the security and sources of payments therefor;

10. To receive and accept aid or contributions from any source

of money, property, labor or other things of value to be held, used

and applied to carry out the purposes of the Oklahoma Development

Finance Authority Act subject to the conditions upon which the

grants and contributions are made including, but not limited to,

gifts or grants from any department, agency or instrumentality of

the United States or of the state for any purpose consistent with

the Oklahoma Development Finance Authority Act;

11. To obtain from any department or agency of the United

States of America or nongovernmental insurer any insurance or

guaranty, to the extent now or hereafter available, as to, or of, or

for, the payment or repayment of, interest or principal, or both, or

any part thereof, on any bonds issued by the Authority, or on any

municipal securities of political subdivisions purchased or held by

the Authority, pursuant to the Oklahoma Development Finance

Authority Act; and, notwithstanding any other provisions of the

Oklahoma Development Finance Authority Act, to enter into any

agreement or contract whatsoever with respect to any such insurance

or guaranty, except to the extent that the same would in any way

Oklahoma Statutes - Title 74. State Government Page 1124

impair or interfere with the ability of the Authority to perform and

fulfill the terms of any agreement made with the owners of the bonds

of the Authority;

12. To sell, convey, lease, exchange, transfer or otherwise

dispose of all or any of its property or any interest therein,

wherever situated;

13. To provide financing assistance for the purposes and

projects herein provided;

14. To acquire, purchase, hold, store, advertise, market, sell,

trade, barter, exchange, distribute, transport, process, utilize and

contract in all manner with respect thereto and for commodities,

products and services, and real or personal property or any interest

therein and to contract for, issue and utilize letters of credit and

other credit facilities and incur indebtedness and to arrange, form,

make, guarantee, issue, remit, receive, receipt, process and collect

payments and equivalents, howsoever nominated, in connection with or

for purposes of any of the foregoing and for the purpose of

executing and fulfilling the purposes of the Authority;

15. To acquire, reacquire, construct, reconstruct, extend,

rent, lease, purchase, use, loan, borrow, install, equip, maintain,

operate, renovate, refurbish, enlarge, remodel, convey, sell, at

public or private sale, encumber, alleviate, transfer, exchange,

dispose of and/or resell, any property, real, personal or mixed,

improvements, buildings, equipment, chattels, furnishings, fixtures,

trade fixtures and any and all other facilities and/or property of

whatever nature including any and all rights to or therein for use

by corporations, individuals, cooperatives, partnerships,

associations or proprietary companies for any of or for the purpose

of executing and/or fulfilling the purposes of the Authority, and to

plan, establish, develop, construct, enlarge, improve, extend,

maintain, equip, operate, lease, furnish, provide, supply, regulate,

hold, store and administer property, buildings, improvements and

facilities of every nature, which may be useful in pursuing,

promoting, executing and/or fulfilling the aforementioned purposes;

16. To the extent permitted under its contract with the owners

of bonds, to consent to any modification with respect to rate of

interest, time and payment of any installment of principal or

interest security or any other term of any contract, mortgage,

contract or agreement of any kind to which the Authority is a party;

17. To purchase its own bonds at such price or prices as the

Authority shall determine, subject to any agreement with the owners

of bonds;

18. To enter into financial documents with others for the

purpose of receiving revenues to pay the bonds authorized by the

Oklahoma Development Finance Authority Act; to lease, sell or

otherwise dispose of any or all of its projects to others for such

revenues and upon such terms and conditions as the Authority may

Oklahoma Statutes - Title 74. State Government Page 1125

deem advisable, and to grant options to renew any financing

agreement with respect to project and to grant options to buy any

project at such price or prices as the Authority deems desirable;

19. To lend money to the state or political subdivisions

through the purchase by the Authority of obligations of the state or

political subdivisions;

20. To collect fees and charges in connection with its loans,

commitments and servicing including, but not limited to,

reimbursement of costs of financing as the Authority shall determine

to be reasonable and as shall be approved by the Authority;

21. To provide services, technical assistance and advice to

this state and political subdivisions and to enter into contracts

with this state and political subdivisions to provide such services.

The State of Oklahoma and its political subdivisions are hereby

authorized to enter into contracts with the Authority for such

services and to pay for such services as may be provided them;

22. To contract, cooperate or join with any one or more other

governments or public agencies, or with the state, any political

subdivisions of this state or the United States, to perform any

administrative service, activity or undertaking which any such

contracting party is authorized by law to perform including the

issuance of bonds;

23. To lend money or otherwise extend credit to any person and

exercise all powers of a lender or creditor;

24. To invest any funds available to the Authority, whether or

not from the proceeds of bonds, in such securities or pursuant to

such agreements or other arrangements as the Authority shall

determine, subject to any agreements with bond owners or other

creditors of the Authority;

25. To purchase, trade or sell foreign or domestic currencies

or the right to acquire such currency in the future;

26. To exercise all other powers and functions necessary or

appropriate to carry out the duties and purposes set forth in the

Oklahoma Development Finance Authority Act;

27. To provide loans to unregulated utilities pursuant to the

February 2021 Unregulated Utility Consumer Protection Act; and

28. To issue securitized bonds pursuant to the February 2021

Regulated Utility Consumer Protection Act.
Okla. Stat. tit. 74, § 74-114 — OK Code / Title 74 / Section 74-114
Records - Reports
Status: in_force

The Office of Management and Enterprise Services shall keep a

complete set of books of all printing used by the state and shall

report to the Governor semiannually, giving an itemized statement of

the printing and binding used by each department, and the amount of

printing done by each printing firm. Said report shall show the

amount claimed and the amount allowed.
Okla. Stat. tit. 74, § 74-5062.18 — OK Code / Title 74 / Section 74-5062.18
Bonds of Oklahoma Development Finance Authority not to
Status: in_force

compete with bonds of certain state agencies.

Notwithstanding any provision herein to the contrary, the

Oklahoma Development Finance Authority shall not participate in

financing programs nor issue bonds which compete with or are similar

in nature to those obligations authorized for issuance by the

Oklahoma Turnpike Authority, the Oklahoma Housing Finance Agency,

the Oklahoma Water Resources Board, the Grand River Dam Authority,

the Oklahoma Student Loan Authority and the Oklahoma Municipal Power

Authority, without the prior consent of said authorities.Oklahoma Statutes - Title 74. State Government Page 44
Okla. Stat. tit. 74, § 74-325.4 — OK Code / Title 74 / Section 74-325.4
Firefighter Training Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Office of the State Fire Marshal to be designated the

"Firefighter Training Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of monies received by the Office of the State Fire Marshal

from the General Revenue Fund or any source pursuant to the

Oklahoma Statutes - Title 74. State Government Page 424

provisions of any law or agreement. All monies accruing to the

credit of the fund are hereby appropriated and may be budgeted and

expended by the Office of the State Fire Marshal for payment of the

firefighter training programs through Oklahoma State University Fire

Service Training. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 74, § 74-85.58O — OK Code / Title 74 / Section 74-85.58O
Community action agency - Automobile, building and
Status: in_force

liability insurance - Limitation of liability.

A. The Risk Management Administrator, pursuant to the

provisions of this section and Section 85.58A of Title 74 of the

Oklahoma Statutes, may obtain or provide insurance coverage for any

public transit vehicle obtained by a community action agency or a

substate planning district through the Department of Transportation

pursuant to a federal grant and may obtain or provide indemnity

coverage for any official or employee of the community action agency

or a substate planning district for any errors and omissions or

liability risks arising from the performance of official duties

pursuant to law.

B. The Risk Management Administrator, pursuant to the

provisions of this section and Section 85.58A of Title 74 of the

Oklahoma Statutes, may obtain or provide insurance coverage for any

building used for public transit services or for storage of public

transit vehicles if the public transit vehicles are obtained as

provided in subsection A of this section. If a public transit

vehicle obtained as provided for in subsection A of this section is

Oklahoma Statutes - Title 74. State Government Page 225

housed in a building with any department or unit of local

governmental entities, the Risk Management Administrator may also

obtain or provide building or structure insurance coverage for such

department or unit in such building.

C. The Risk Management Administrator is authorized to determine

eligibility criteria for participation pursuant to this section in

the Risk Management Program for a community action agency or a

substate planning district or for officers or employees of a

community action agency or a substate planning district. In

addition, the Risk Management Administrator is authorized to

establish equipment and safety standards for the vehicles or

buildings to be covered by the Risk Management Program pursuant to

this section.

D. Requests for the insurance or indemnity coverage provided

pursuant to the provisions of this section shall be submitted in

writing to the Risk Management Administrator by the community action

agency or a substate planning district. Any community action agency

or a substate planning district meeting eligibility criteria shall

be approved for participation in the Risk Management Program by the

Risk Management Administrator if the officers and employees and the

vehicles and buildings used by the participating community action

agency or a substate planning district meet the equipment and safety

standards and eligibility requirements established by the Risk

Management Administrator.

E. Any insurance or indemnity coverage shall be obtained or

provided solely from funds available in the shared risk pool

authorized by Section 3 of this act. Any coverage limits shall be

based on the liquidity of the shared risk pool resulting from the

annual payments made pursuant to Section 85.58M of Title 74 of the

Oklahoma Statutes and any interest accrued thereon, after deduction

of such sums as may be necessary to pay all overhead and

administrative expenses associated with administering the pool.

F. Any limited indemnity coverage provided for errors and

omissions pursuant to the provisions of this section shall only

cover errors or omissions made by an official or employee of a

community action agency or a substate planning district provided for

in subsection A of this section occurring on or after the effective

date of this act.

G. Notwithstanding the provisions of the Governmental Tort

Claims Act, the State of Oklahoma is not liable, directly or

indirectly, for the errors and omissions of any official or employee

of any community action agency or a substate planning district

provided for in subsection A of this section in the performance of

official duties pursuant to law. The State of Oklahoma is not

liable, directly or indirectly, for the negligence of any community

action agency or a substate planning district provided for in

subsection A of this section.

Oklahoma Statutes - Title 74. State Government Page 226

H. In providing risk management services for any community

action agency or a substate planning district provided for in

subsection A of this section or official or employee of the

community action agency or a substate planning district, it is the

intention of the Legislature to provide coverage solely to the

extent of assets in the shared risk pool created by Section 3 of

this act.

I. Any liability insurance coverage obtained or provided shall

include expenses for legal services obtained or provided by the Risk

Management Administrator.
Okla. Stat. tit. 74, § 74-1222A — OK Code / Title 74 / Section 74-1222A
State-Tribal Litigation Revolving Fund
Status: in_force

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

fund for the Office of Management and Enterprise Services to be

designated the "State-Tribal Litigation Revolving Fund". The fund

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

and shall consist of all monies designated for deposit by law. All

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended, as otherwise provided in this act,

Oklahoma Statutes - Title 74. State Government Page 748

by the Office of Management and Enterprise Services for the purpose

of hiring legal counsel and paying legal expenses of the state

related to legal controversies between the State of Oklahoma and

tribal governments.

B. Expenditures from said fund shall only be made for legal

services relating to cases and controversies that the Joint

Committee on State-Tribal Relations, (created pursuant to Section

1222 of Title 74 of the Oklahoma Statutes), has formally recommended

the State of Oklahoma pursue or litigate.

C. Expenditures from said fund for the reimbursement of

services by third-party legal counsel shall only be made if the

contract for such services was formally approved by the Joint

Committee on State-Tribal Relations, (created pursuant to Section

1222 of Title 74 of the Oklahoma Statutes), prior to the performance

of such services.

D. 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.

E. If any of the provisions of this section are determined by a

court of competent jurisdiction to be unconstitutional, any

unexpended balance remaining in the State-Tribal Litigation

Revolving Fund created pursuant to this section shall revert to the

General Revenue Fund of this state and shall be used for general

expenses of state government to be paid out pursuant to direct

appropriation of the Legislature.
Okla. Stat. tit. 74, § 74-9030.1 — OK Code / Title 74 / Section 74-9030.1
Legislative findings - Purpose - Administering agency
Status: in_force

A. The Legislature recognizes the responsibility of Oklahoma to

foster culture and the arts and declares that a portion of

expenditures for capital projects including, but not limited to,

bond issues for state construction be set aside for the acquisition

of works of art to be placed in public construction or on public

lands.

B. The purpose of the Oklahoma Art in Public Places Act is to

enhance public construction and encourage state cultural

development.

C. The administering agency shall be the Oklahoma Arts Council

which is authorized to promulgate rules to administer the Oklahoma

Art in Public Places Act.
Okla. Stat. tit. 74, § 74-85.58Av1 — OK Code / Title 74 / Section 74-85.58Av1
Comprehensive professional risk management program -
Status: in_force

Administrator - Participation by community action agencies.

A. The Office of Management and Enterprise Services (OMES)

shall establish for all state agencies, whether or not subject to

the Oklahoma Central Purchasing Act, and other entities as provided

by law a comprehensive professional risk management program which

shall:

1. Identify and evaluate risks of loss and exposures to loss to

officers, employees and properties;

2. Minimize risks through loss-prevention and loss-control

programs;

3. Transfer risks, if economically advantageous to the state,

by acquiring commercial insurance, contractual pass-through of

liability, or by other means;

4. Consolidate and administer risk management plans and

programs including self-insurance programs, except the Oklahoma

Employees Insurance Plan;

Oklahoma Statutes - Title 74. State Government Page 234

5. Determine feasibility of and, if feasible, establish self-

insurance programs, considering whether a program may be self-

supporting to remain financially and actuarially sound;

6. Provide a system to allocate insurance and program costs to

determine payment for insurance coverage and program expenses

provided by the Office of Management and Enterprise Services;

7. When requested by a state retirement system or the Oklahoma

Employees Insurance and Benefits Board, assist in obtaining

insurance authorized by law. If requested by the Oklahoma State

Regents for Higher Education, assist trust funds for which the State

Regents serve as trustees in obtaining insurance authorized by law;

8. Assist state agencies and officers, employees, and members

thereof, charged with licensing authority, in obtaining insurance

for liability for judgments, based on the licensing authority,

rendered by any court pursuant to federal law;

9. When requested by a public trust established pursuant to

Title 60 of the Oklahoma Statutes of which the State of Oklahoma is

the beneficiary, obtain, provide or assist the public trust in

obtaining insurance authorized by law or trust indenture covering

any board member, trustee, official, officer, employee or volunteer

for errors and omissions or liability risks arising from the

performance of official duties pursuant to law or trust indenture;

10. When requested by the Oklahoma State Regents for Higher

Education, for the purpose of insuring real property required

pursuant to Section 4018 of Title 70 of the Oklahoma Statutes, of

which the Oklahoma State Regents for Higher Education is the

beneficiary, obtain, provide or assist the Oklahoma State Regents

for Higher Education in obtaining insurance for the real property

pursuant to the provisions of this section; and

11. Authorize the Risk Management Administrator to declare an

emergency for the purpose of mitigating damages to any state-owned

property insured under the comprehensive professional risk

management program administered by OMES.

B. For the purposes of this section, “state agency” shall not

be construed to include colleges and universities under the

authority of the Oklahoma State Regents for Higher Education.

Colleges and universities may request the Risk Management

Administrator to advise for the purchase of property insurance

coverage, but the Administrator shall not direct the purchase of

property insurance from a specific entity.

C. The Director of the Office of Management and Enterprise

Services may hire or contract for the services of a Risk Management

Administrator to supervise the comprehensive professional risk

management program established pursuant to this section. If

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

Administrator shall be in the unclassified service.

Oklahoma Statutes - Title 74. State Government Page 235

D. The Risk Management Administrator shall evaluate insurance

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

subject to the Oklahoma Central Purchasing Act, and other entities

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

Management Administrator all information which the Risk Management

Administrator deems necessary to perform this duty.

E. The Risk Management Administrator in conjunction with the

State Purchasing Director under the authority of the Director of the

Office of Management and Enterprise Services may negotiate insurance

coverage and insurance-related services including, but not limited

to, insurance brokerage and consulting services. The State

Purchasing Director shall ensure open processes for solicitation and

qualification of insurance coverage and services providers. The

State Purchasing Director shall award contracts for insurance

coverage and services to the provider or providers which offer the

best and final terms and conditions. The State Purchasing Director

may authorize the Risk Management Administrator to bind for

insurance coverage with providers.

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

Management Administrator to advise for the purchase of insurance

coverage for the school districts.

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

Central Purchasing Act, that contemplates purchase of property and

casualty insurance, shall provide details of the proposed purchase

to the Risk Management Administrator for approval or disapproval

prior to the purchase.

H. The Director of the Office of Management and Enterprise

Services shall promulgate rules to effect the provisions of the

comprehensive professional risk management program.

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

Sections 5035 through 5040.1 of this title may

participate in the comprehensive professional risk

management program established pursuant to this

section for risks incurred as a result of operating a

Head Start program or providing transportation

services to the public. The Risk Management

Administrator shall obtain or provide for insurance

coverage for such community action agencies or bonding

for employees of such community action agencies. Any

liability insurance coverage obtained or provided

shall include expenses for administrative and legal

services obtained or provided by the Risk Management

Administrator.

b. The Risk Management Administrator shall determine

criteria for participation in the risk management

program by such community action agencies. In

Oklahoma Statutes - Title 74. State Government Page 236

addition, the Risk Management Administrator may

require each such community action agency to:

(1) provide adequate qualified personnel and suitable

facilities and equipment for operating a Head

Start program or providing transportation

services to the public, and

(2) comply with such standards as are necessary for

the protection of the clients it serves.

2. To receive coverage pursuant to this section, a community

action agency shall make payments for any insurance coverage and

shall otherwise comply with the provisions of this section and rules

promulgated by the Office pursuant to the provisions of this

section.

3. Requests for the insurance coverage provided pursuant to the

provisions of this subsection shall be submitted in writing to the

Risk Management Administrator by the community action agencies.

J. The Risk Management Administrator may provide or obtain for

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

director, officer, employee or member thereof, insurance for

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

and legal expenses, resulting from violations of rights or

privileges secured by the Constitution or laws of the United States

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

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

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

established by The Governmental Tort Claims Act but shall not limit

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

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

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

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

Amendment to the Constitution of the United States, state sovereign

immunity, and any absolute or qualified immunity held by any

director, officer, employee or member.
Okla. Stat. tit. 74, § 74-152.7 — OK Code / Title 74 / Section 74-152.7
Failure to stop vehicle or permit inspection - Penalties
Status: in_force

- Disposition of monies.

A. Each person transporting oil or gas or salt water who:

1. Willfully and knowingly fails to stop his vehicle when

commanded to do so by any person authorized to stop and inspect a

vehicle pursuant to Section 5 of this act; or

2. Willfully fails to permit inspection by such authorized

person of the contents of the vehicle or the load ticket in the

possession of such person or accompanying such vehicle, upon

conviction, shall be punished by a fine of not less than One

Oklahoma Statutes - Title 74. State Government Page 332

Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars

($10,000.00), or by imprisonment in the county jail for not more

than six (6) months or by both such fine and imprisonment.

B. Any monies received from fines pursuant to this section

shall be deposited pursuant to Section 4 of this act.
Okla. Stat. tit. 74, § 74-85.47a — OK Code / Title 74 / Section 74-85.47a
Definitions
Status: in_force

1. "Administrator" means the Small Business Surety Bond

Guaranty Program Administrator;

2. "Fund" means the Small Business Surety Bond Guaranty Fund;

Oklahoma Statutes - Title 74. State Government Page 199

3. "Indemnity fund" means a fund established through the Office

of Management and Enterprise Services to underwrite the Small

Business Surety Bond Guaranty Program;

4. "Principal" means a small business entity as defined

pursuant to Section 3 of the Small Business Act, 16 U.S.C. Section

632;

5. "Program" means the Small Business Surety Bond Guaranty

Program; and

6. "Surety" means a corporation granted authority by the

Insurance Commissioner to write bonds or insurance in this state

guaranteeing the performance of contracts.
Okla. Stat. tit. 74, § 74-919.1v1 — OK Code / Title 74 / Section 74-919.1v1
Employee contribution – Rate – Deduction – Remittance
Status: in_force

- Picked up contributions – Refund.

(1) Employee contributions to the Oklahoma Public Employees

Retirement System shall be:

(a) for employees except as otherwise provided in

paragraphs (b), (c), (d), (e), (f), (g), and (h) of

this subsection: beginning July 1, 2006, and

thereafter, three and one-half percent (3.5%) of

allowable annual compensation,

(b) for correctional officers and probation and parole

officers employed by the Department of Corrections:

beginning July 1, 1998, and thereafter, and for

correctional officers or probation and parole officers

who are in such position on June 30, 2004, or who are

hired after June 30, 2004, and who receive a promotion

or change in job classification after June 30, 2004,

to another position in the Department of Corrections,

so long as such officers have at least five (5) years

of service as a correctional officer or probation and

parole officer, eight percent (8%) of allowable

compensation as provided in paragraph (9) of Section

902 of this title,

(c) for fugitive apprehension agents who are employed with

the Department of Corrections on or after July 1,

2002, and for fugitive apprehension agents who are in

such position on June 30, 2004, or who are hired after

June 30, 2004, and who receive a promotion or change

in job classification after June 30, 2004, to another

position in the Department of Corrections, so long as

such agents have at least five (5) years of service as

a fugitive apprehension agent, eight percent (8%) of

allowable compensation as provided in paragraph (9) of

Section 902 of this title,

Oklahoma Statutes - Title 74. State Government Page 698

(d) for firefighters of the Military Department of the

State of Oklahoma first employed beginning July 1,

2002, and thereafter, and such firefighters who

performed service prior to July 1, 2002, for the

Military Department of the State of Oklahoma and who

make the election authorized by division (1) of

subparagraph b of paragraph (9) of subsection A of

Section 915 of this title who perform service on or

after July 1, 2002, in such capacity, eight percent

(8%) of allowable compensation as provided in

paragraph (9) of Section 902 of this title,

(e) for all public safety officers of the Grand River Dam

Authority as defined by paragraph (37) of Section 902

of this title, eight percent (8%) of allowable

compensation as provided in paragraph (9) of Section

902 of this title,

(f) for deputy sheriffs and county jailers employed by any

county that is a participating employer in the System

for the first time as a deputy sheriff or jailer on or

after November 1, 2020, eight percent (8%) of

allowable compensation as provided in paragraph (9) of

Section 902 of this title,

(g) for licensed emergency medical personnel employed by

any participating employer as a licensed emergency

medical personnel for the first time on or after the

effective date of this act, eight percent (8%) of

allowable compensation as provided in paragraph (9) of

Section 902 of this title, and

(h) for all employees except those who make contributions

pursuant to paragraphs (b), (c), (d), (e), (f), and

(g) of this subsection who make an irrevocable written

election pursuant to paragraph (2) of subsection A of

Section 915 of this title: six and forty-one one-

hundredths percent (6.41%) of allowable annual

compensation.

The contributions required by paragraphs (b), (c), (e), (f),

(g), and (h) of this subsection shall be made by a member for not

more than twenty (20) years and thereafter shall be as provided in

paragraph (a) of this subsection.

(2) Contributions shall be deducted by each state agency by the

participating employer for such benefits as the Board is authorized

to administer as provided for by law. Employee and employer

contributions shall be remitted monthly, or as the Board may

otherwise provide, to the Executive Director for deposit in the

Oklahoma Public Employees Retirement Fund.

(3) Each participating employer shall pick up under the

provisions of Section 414(h)(2) of the Internal Revenue Code of 1986

Oklahoma Statutes - Title 74. State Government Page 699

and pay the contribution which the member is required by law to make

to the System for all compensation earned after December 31, 1988.

Although the contributions so picked up are designated as member

contributions, such contributions shall be treated as contributions

being paid by the participating employer in lieu of contributions by

the member in determining tax treatment under the Internal Revenue

Code of 1986 and such picked up contributions shall not be

includable in the gross income of the member until such amounts are

distributed or made available to the member or the beneficiary of

the member. The member, by the terms of this System, shall not have

any option to choose to receive the contributions so picked up

directly and the picked up contributions must be paid by the

participating employer to the System.

Member contributions which are picked up shall be treated in the

same manner and to the same extent as member contributions made

prior to the date on which member contributions were picked up by

the participating employer. Member contributions so picked up shall

be included in gross salary for purposes of determining benefits and

contributions under the System.

The participating employer shall pay the member contributions

from the same source of funds used in paying salary to the member,

by effecting an equal cash reduction in gross salary of the member.

(4) By September 1, 1989, the System shall refund the

accumulated employee contributions of any member who elects to

retain the member's membership in the Teachers' Retirement System of

Oklahoma, in accordance with Section 17-104 of Title 70 of the

Oklahoma Statutes, to such member. Upon the refund of the

accumulated employee contributions referred to in this subsection,

all benefits and rights accrued to such member are terminated.
Okla. Stat. tit. 74, § 74-6002 — OK Code / Title 74 / Section 74-6002
Designations of technology transfer centers
Status: in_force

Rural Enterprises, Inc. and the Central Industrial Applications

Center are hereby designated as technology transfer centers.
Okla. Stat. tit. 74, § 74-840-2.13 — OK Code / Title 74 / Section 74-840-2.13
Personnel Management Information System
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 518

A. The Director of the Office of Management and Enterprise

Services shall establish a Personnel Management Information System

to provide various management reports to facilitate decision making

within agencies, and to promote the efficient utilization of

personnel resources by providing a method for tracking, monitoring

and reporting positions and employee transactions. The System shall

include information on state service positions within the executive

branch of government, but shall not require institutions within The

Oklahoma State System of Higher Education to participate.

B. The Director of the Office of Management and Enterprise

Services shall promulgate rules regarding the Personnel Management

Information System as necessary to implement the provisions of this

section. Such rules shall establish a schedule to ensure the

orderly implementation of such Personnel Management Information

System.

C. State agencies shall assist the Office of Management and

Enterprise Services as necessary to ensure the orderly completion of

implementation as provided for in this section.

D. Appointing authorities in the legislative or judicial

branches of state government may participate in the Personnel

Management Information System at their option.
Okla. Stat. tit. 74, § 74-18n-2 — OK Code / Title 74 / Section 74-18n-2
Power of Attorney General to investigate insurance fraud
Status: in_force

– Confidentiality of records.

A. If the Attorney General or a designee has reason to believe

as a result of inquiry or complaint or as a result of referral from

the Insurance Department that a person has engaged in or is engaging

in an act or practice that violates any administrative rule or

statute pertaining to Insurance Fraud, the Attorney General or a

designee shall have all the powers of a district attorney.

B. Nothing in this section shall be construed to waive, limit

or impair any evidentiary privilege recognized by law.

C. As used in this section, “records” include, but are not

limited to, anything for which a request to produce may be served

pursuant to Section 3234 of Title 12 of the Oklahoma Statutes.

D. Records, documents, reports and evidence obtained or created

by the Office of the Attorney General as a result of insurance

fraud, including workers’ compensation insurance fraud, shall be

confidential and shall not be subject to the Oklahoma Open Records

Act or to outside review or release by any individual. An employee

of the Attorney General’s Office may disclose, at the discretion of

the Attorney General, such investigative information to officers and

agents of federal, state, county or municipal law enforcement

agencies, to the Insurance Commissioner or Insurance Department, and

to district attorneys, in the furtherance of criminal investigations

within their respective jurisdictions.
Okla. Stat. tit. 74, § 74-1226.1 — OK Code / Title 74 / Section 74-1226.1
Revenue bonds - Obligation
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 750

Revenue bonds issued under the provisions of this act shall not

at any time be deemed to constitute a debt of the state or of any

political subdivision thereof or a pledge of the faith and credit of

the state or of any such political subdivision, but such bonds shall

be payable solely from the funds therein provided therefor from

revenues. Such revenue bonds shall contain on the face thereof a

statement to the effect that neither the state nor the Authority

shall be obligated to pay the same or the interest thereon except

from the revenues of the project or projects for which they are

issued and that neither the faith and credit nor the taxing power of

the state or any political subdivision thereof is pledged, or may

hereafter be pledged, to the payment of the principal of or the

interest on such bonds.
Okla. Stat. tit. 74, § 74-8207 — OK Code / Title 74 / Section 74-8207
Tulsa Race Riot Centennial Memorial Revolving Fund
Status: in_force

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

fund for the Oklahoma Historical Society to be designated the "1921

Tulsa Race Riot Centennial Memorial Revolving Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies received by the Oklahoma Historical

Society from appropriations, donations or any other source and

designated for the purpose set forth in this section. All monies

accruing to the credit of the fund are hereby appropriated and may

be budgeted and expended by the Oklahoma Historical Society for the

purpose of commemoration of the centennial of the 1921 Tulsa Race

Riot. Expenditures from the fund shall be made upon warrants issued

by the State Treasurer against claims filed as prescribed by law

with the Director of the Office of Management and Enterprise

Services for approval and payment.

B. Any funds in the revolving fund created in Section 8201.2 of

Title 74 of the Oklahoma Statutes on the effective date of this act

Oklahoma Statutes - Title 74. State Government Page 1227

shall be transferred to the 1921 Tulsa Race Riot Centennial Memorial

Revolving Fund.
Okla. Stat. tit. 74, § 74-108.1 — OK Code / Title 74 / Section 74-108.1
Renumbered as § 318 of Title 61 by Laws 2013, c. 209, §
Status: in_force

30, eff. July 1, 2013.
Okla. Stat. tit. 74, § 74-3920 — OK Code / Title 74 / Section 74-3920
Status and compensation of employees of terminated
Status: in_force

statutory entity.

All persons employed by any statutory entity which has been

terminated by operation of the Oklahoma Sunset Law, but has been re-

created within one (1) year after the final termination date shall

be deemed employees of the Office of Management and Enterprise

Services for not more than one (1) year after such final termination

date. Salaries and benefits of such employees shall continue from

the final termination date until the effective date re-creating the

statutory entity, and shall be paid from the funds of the re-created

statutory entity as soon as available. For the purpose of this

section "final termination date" shall mean the date on which a

statutory entity's powers, duties and functions are to be abolished

pursuant to the provisions of the Oklahoma Sunset Law.

After the effective date of the act re-creating the statutory

entity the employees shall resume their positions with the entities

they were employed by on the final termination date.

The provisions of this section shall have prospective and

retrospective application.
Okla. Stat. tit. 74, § 74-840-2.19 — OK Code / Title 74 / Section 74-840-2.19
Payroll claims
Status: in_force

A. The Director of the Office of Management and Enterprise

Services shall not approve any payroll claim for payment for any

agency unless said claim contains or is accompanied by the

certification by the administrative head of said agency or an

authorized employee of said agency that the persons named in said

claim have been appointed and employed in accordance with the law

and the rules and orders promulgated thereunder. For purposes of

this section, "payroll claim" shall also include longevity payments

made pursuant to Section 840-2.18 of this title.

B. If, as a result of a payroll audit, the Office of Management

and Enterprise Services finds that an agency has made payments of

salaries or wages contrary to the provisions and rules promulgated

pursuant to the provisions of this act:

1. Audit findings shall be promptly transmitted to the

appointing authority of the agency certifying the payroll claim or

claims involved;

2. An audit conference with said agency shall be scheduled

within fifteen (15) days, at which time the audit exceptions will be

resolved or become a determination of error unless the parties to

the conference agree to a further review;

3. If underpayments or overpayments made by said agency are

deemed to be the result of administrative error, the agency which

certified the payroll claim or claims in error shall refund to the

employee the balance of the actual amounts due and owing to the

payee or shall seek repayment from the payee of any amount paid in

excess of the actual amount due and owing the payee;

Oklahoma Statutes - Title 74. State Government Page 531

4. If an agency neglects or refuses to seek repayment after a

determination that an error in payroll amount or amounts has been

made, or to properly adjust a then current salary or wage, the

Director of the Office of Management and Enterprise Services shall

note an unresolved audit exception stating the agency involved and

the person to whom said exception refers;

5. Upon receipt of notification that a procedure to initiate

repayment has been instituted by the certifying agency, said notice

shall be withdrawn or waived by the Director of the Office of

Management and Enterprise Services. Implementation of procedures

provided in this section shall not operate to deny or delay payment

of proper salaries or wages to any employee of this state;

6. The provisions of this section regarding collections of any

overpayment of salaries or wages by any agency to any state employee

or officer shall not include any such overpayment made prior to July

1, 1983;

7. Recovery of overpayments from an employee shall include all

overpayments occurring within one (1) year prior to the

determination of error. Disbursement of underpayments to an

employee shall include all underpayments made within a period of two

(2) years prior to the determination of error; and

8. If an agency discovers overpayment or underpayment errors

through an internal audit, the agency shall recover overpayments

from the employee or disburse underpayment amounts in accordance

with this section. Prior to initiation of recovery of overpayments

from an employee, the agency shall provide the employee with

adequate notice and an opportunity to respond.

C. The Director of the Office of Management and Enterprise

Services shall not approve any payroll claim for payment for any

agency for which a notification of an unresolved audit exception

pursuant to this section has been filed, unless the person named in

the audit exception has been removed from the payroll by the

certifying agency, the overpayment has been converted by the agency,

or the exception has been withdrawn or waived in writing by the

Office of Management and Enterprise Services.

D. Any sum on a payroll claim found to have been paid in excess

of the actual amount due and owing may be recovered from the payee

through the following procedures:

1. Upon the determination that an error in payroll amount has

been made, the agency which certified the claim or claims shall

notify the payee in writing within ten (10) days from said

determination. The notice to the payee shall contain:

a. the amounts paid in error,

b. the dates of said payments,

c. the options available for repayment, and

d. the right of the payee to protest the findings.

Oklahoma Statutes - Title 74. State Government Page 532

Said notice shall also provide space for the payee to indicate

an election of a repayment option or to protest the findings. Said

election shall be required within thirty (30) days after the

notification;

2. If the payee is, at the time of said notification, an

officer or employee of the agency seeking repayment, options

available for repayment shall be by:

a. lump-sum cash repayment,

b. reduction of the corrected current salary or

miscellaneous payroll deduction in a lump sum or in

installments over a term not to exceed the term in

which the erroneous payments were made,

c. reduction in accrued annual leave by an amount of time

at the then current correct salary level equal in

value to the total of the amount or amounts to be

repaid, or

d. any combination thereof;

3. If the payee is, at the time of said notification, an

officer or employee of an agency of the state other than the agency

seeking repayment, the options provided by paragraph 2 of this

subsection may be exercised by the payee with the approval of the

then current employing agency. Payment of amounts deducted or

charged against annual leave shall be paid to the agency seeking

repayment by an appropriate miscellaneous claim for interagency

payment. If a payroll deduction is elected pursuant to the

provisions of this paragraph and employment is subsequently

terminated, any balance remaining shall be deducted from any final

payment otherwise due to the employee;

4. If the payee is no longer an employee of the state but

agrees to repay the amount or amounts paid in error, repayment may

be accepted:

a. by lump-sum cash repayment, or

b. in installments over a period not to exceed twelve

(12) months;

5. If the payee is no longer an employee of the state, and does

not respond or cannot be located within ten (10) days after mailing

of the determination of error, or refuses repayment, the agency

seeking repayment shall present the facts in writing to the Attorney

General and shall send a copy to the Office of Management and

Enterprise Services. The Attorney General shall determine what

action may be taken to recover said amount; and

6. Repayments other than by reduction in present salary or

reduction in accrued annual leave for a payee currently employed by

the agency seeking repayment shall be deposited in the General

Revenue Fund unless the fund to which the amount in error was

originally charged can be identified and was other than a General

Oklahoma Statutes - Title 74. State Government Page 533

Revenue Fund appropriation. Said deposits shall be treated as

nonrevenue receipts.
Okla. Stat. tit. 74, § 74-85.12 — OK Code / Title 74 / Section 74-85.12
Act not to affect nonconflicting procedures —
Status: in_force

Acquisitions excluded.

A. The provisions of this section shall not be construed to

affect any law relating to fiscal or accounting procedure except as

they may be directly in conflict herewith; and all claims, warrants,

and bonds shall be examined, inspected, and approved as now provided

by law.

B. Except as otherwise provided by this section, the

acquisitions specified in this subsection shall be made in

compliance with Section 85.39 of this title and purchasing card

program requirements but are not subject to other provisions of the

Oklahoma Central Purchasing Act:

1. Food and other products produced by state institutions and

agencies;

2. The printing or duplication of publications or forms of

whatsoever kind or character by state agencies if the work is

performed upon their own equipment by their own employees. Pursuant

to this paragraph, the state agency may only use equipment owned or

leased by the agency and may only utilize that equipment for

printing services required by the agency in performing duties

imposed upon the agency or functions authorized to be performed by

the agency. Any use of the equipment by the agency pursuant to an

agreement or contract with any other entity resulting in delivery of

intermediate or finished products to the entity purchasing or using

the products shall be subject to the provisions of the Oklahoma

Central Purchasing Act and associated rules;

3. Department of Transportation and Transportation Commission

contractual services or right-of-way acquisitions, contracts awarded

pursuant to bids let by the Transportation Commission for the

Oklahoma Statutes - Title 74. State Government Page 167

maintenance or construction of streets, roads, highways, bridges,

underpasses or any other transportation facilities under the control

of the Department of Transportation, equipment or material

acquisitions accruing to the Department of Transportation required

in federal aid contracts and acquisitions for public-service-type

announcements initiated by the Department of Transportation, but not

acquisitions for advertising, public relations or employment

services;

4. Utility services regulated by a state or federal regulatory

commission, municipal ordinance or an Indian Tribal Council;

5. Acquisitions by the University Hospitals Authority. The

Authority shall develop standards for the acquisition of products

and services and may elect to utilize the Purchasing Division. The

standards shall foster economy and short response time and shall

include appropriate safeguards and record-keeping requirements to

ensure appropriate competition and economical and efficient

purchasing;

6. Custom harvesting by the Department of Corrections for the

Department or its institutions;

7. Subject to prior approval of the State Purchasing Director,

acquisitions from private prison suppliers which are subject to the

contracting procedures of Section 561 of Title 57 of the Oklahoma

Statutes;

8. Acquisitions by the Oklahoma Municipal Power Authority;

9. Acquisitions by the Grand River Dam Authority;

10. Acquisitions by rural water, sewer, gas or solid waste

management districts created pursuant to the Rural Water, Sewer, Gas

and Solid Waste Management Districts Act;

11. Acquisitions by the Oklahoma Ordnance Works Authority, the

Northeast Oklahoma Public Facilities Authority or the Midwestern

Oklahoma Development Authority;

12. Expenditure of monies appropriated to the State Board of

Education for local and state-supported financial support of public

schools, except monies allocated therefrom for the Administrative

and Support Functions of the State Department of Education;

13. Expenditure of monies appropriated to the State Department

of Rehabilitation Services for educational programs or educational

materials for the Oklahoma School for the Blind and the Oklahoma

School for the Deaf;

14. Contracts entered into by the Oklahoma Department of Career

and Technology Education for the development, revision or updating

of vocational curriculum materials, and contracts entered into by

the Oklahoma Department of Career and Technology Education for

training and supportive services that address the needs of new or

expanding industries;

15. Contracts entered into by the Oklahoma Center for the

Advancement of Science and Technology for professional services;

Oklahoma Statutes - Title 74. State Government Page 168

16. Contracts entered into by the Oklahoma Department of

Commerce pursuant to the provisions of Section 5066.4 of this title;

17. Acquisitions made by the Oklahoma Historical Society from

monies used to administer the White Hair Memorial;

18. Purchases of pharmaceuticals available through a multistate

or multigovernmental contract if such pharmaceuticals are or have

been on state contract within the last fiscal year, and the terms of

such contract are more favorable to the state or agency than the

terms of a state contract for the same products, as determined by

the State Purchasing Director. The state entity designated by law,

as specified in Section 1010.3 of Title 56 of the Oklahoma Statutes,

shall participate in the purchase of pharmaceuticals available

through such contracts;

19. Contracts for managed health care services entered into by

the state entity designated by law or the Department of Human

Services, as specified in paragraph 1 of subsection A of Section

1010.3 of Title 56 of the Oklahoma Statutes;

20. Acquisitions by a state agency through a General Services

Administration contract or other federal contract if the

acquisitions are not on current statewide contract or the terms of

the federal contract are more favorable to the agency than the terms

of a statewide contract for the same products;

21. Acquisitions of clothing for clients of the Department of

Human Services and acquisitions of food for group homes operated by

the Department of Human Services;

22. Acquisitions by the Oklahoma Energy Resources Board;

23. Acquisitions of clothing for juveniles in the custody of

the Office of Juvenile Affairs and acquisitions of food for group

homes operated by the Office of Juvenile Affairs;

24. State contracts for flexible benefits plans pursuant to the

Oklahoma State Employees Benefits Act, Section 1361 et seq. of this

title;

25. Acquisitions by the Oklahoma Department of Securities to

investigate, initiate, or pursue administrative, civil or criminal

proceedings involving potential violations of the acts under the

Department’s jurisdiction and acquisitions by the Oklahoma

Department of Securities for its investor education program;

26. Acquisitions for resale in and through canteens operated

pursuant to Section 537 of Title 57 of the Oklahoma Statutes and

canteens established at an institution or facility operated by the

Office of Juvenile Affairs;

27. Acquisitions by the Oklahoma Boll Weevil Eradication

Organization for employment and personnel services, and for

acquiring sprayers, blowers, traps and attractants related to the

eradication of boll weevils in this state or as part of a national

or regional boll weevil eradication program;

Oklahoma Statutes - Title 74. State Government Page 169

28. Contracts entered into by the Oklahoma Indigent Defense

System for expert services pursuant to the provisions of subsection

D of Section 1355.4 of Title 22 of the Oklahoma Statutes;

29. Acquisitions by the Oklahoma Correctional Industries and

the Agri-Services programs of the Department of Corrections of raw

materials, component parts and other products, any equipment

excluding vehicles, and any services excluding computer consultant

services used to produce goods or services for resale and for the

production of agricultural products;

30. Contracts entered into by the Department of Human Services

for provision of supported living services to members of the

plaintiff class in Homeward Bound, Inc., et al. v. The Hissom

Memorial Center, et al., Case Number 85-C-437-E, United States

District Court for the Northern District of Oklahoma;

31. Contracts negotiated by the Office of Juvenile Affairs with

designated Youth Services Agencies and the Oklahoma Association of

Youth Services, or another Oklahoma nonprofit corporation whose

membership consists solely of Youth Services Agencies and of whom at

least a majority of Youth Services Agencies are members, pursuant to

the provisions of Section 2-7-306 of Title 10A of the Oklahoma

Statutes and contracts entered into by the Department of Human

Services pursuant to Section 1-9-110 of Title 10A of the Oklahoma

Statutes with designated Youth Services Agencies;

32. Contracts for annuities for structured settlements provided

for in Section 158 of Title 51 of the Oklahoma Statutes;

33. Subject to subsection E of this section, purchases made

from funds received by local offices administered by the Department

of Human Services or administered by the Office of Juvenile Affairs

for fund-raising activities and donations for the benefit of clients

and potential clients at the local offices where such purchases may

not otherwise be paid for from appropriated funds;

34. Acquisitions by the Oklahoma Historical Society for

restoration of historical sites and museums although the agency may

elect to utilize the Purchasing Division for an acquisition with

supplier and bid selection being the prerogative of the agency,

based on the supplier’s documented qualifications and experience;

and

35. Acquisitions of clothing and food for patients in the care

of the J.D. McCarty Center for Children with Developmental

Disabilities.

C. Pursuant to the terms of a contract the State Purchasing

Director enters into or awards, a state agency, common school,

municipality, rural fire protection district, county officer or any

program contract, purchase, acquisition or expenditure that is not

subject to the provisions of the Oklahoma Central Purchasing Act,

may, unless acting pursuant to a contract with the state that

specifies otherwise, make use of statewide contracts and the

Oklahoma Statutes - Title 74. State Government Page 170

services of the Purchasing Division and the State Purchasing

Director. Any political subdivision or rural fire protection

district may designate the State Purchasing Director as its agent

for any acquisition from a statewide contract or otherwise available

to the state.

D. The State Purchasing Director shall review and audit all the

purchasing procedures of acquisitions listed in subsection B of this

section to ensure that the procedures are being followed. Nothing

in this section shall be construed to authorize bid splitting as

prohibited by the Oklahoma Central Purchasing Act.

E. With respect to the Department of Human Services or the

Office of Juvenile Affairs, as applicable, monies received by

fundraising activities or donations from the local office, vending

operations administered by employees of the agency and all other

nonrestricted cash and cash-equivalent items received by employees

of the agency shall be deposited in the agency special account

established for this purpose. The deposits shall be made at local

banking institutions approved by the State Treasurer.

F. With respect to the Oklahoma Tourism and Recreation

Department, no exemption provided in this section shall be construed

for the use of leasing or contracting for state-owned restaurants in

Oklahoma state parks. The Department shall not be required to

purchase furniture, fixtures, equipment, and soft goods associated

with decor of the state parks, lodges, golf courses, and tourism

information centers from Oklahoma prisons or reformatories.

Additionally, the Department shall not be required to make

purchases pursuant to a statewide contract for materials, supplies,

and services necessary for the efficient and economical operation of

revenue-generating, Department-operated facilities, including those

made to maintain or improve guest perception of quality and service;

provided, that the State Purchasing Director shall review and audit

all uses of the exemptions provided in this subsection biannually.
Okla. Stat. tit. 74, § 74-85.9A — OK Code / Title 74 / Section 74-85.9A
Renumbered as § 62.5 of this title by Laws 1995, c. 342,
Status: in_force

§ 9, emerg. eff. June 9, 1995.
Okla. Stat. tit. 74, § 74-5044 — OK Code / Title 74 / Section 74-5044
Counties not required to participate in certain districts
Status: in_force

and agencies.

No county in Oklahoma shall be required to be under the

jurisdiction of a planning district or any clearing agency by

whatever name, located in another state, in order to receive grants,

aid, loans or other federal funds for any purpose. Appropriate

federal agencies shall be advised of this provision and the Oklahoma

Department of Commerce shall take such steps as are necessary to

implement these provisions.
Okla. Stat. tit. 74, § 74-1051 — OK Code / Title 74 / Section 74-1051
Text of compact
Status: in_force

The Southern States Energy Compact is hereby entered into by

this state with any and all other states legally joining therein in

accordance with its terms, in the form substantially as follows:

ARTICLE I. POLICY AND PURPOSE

The party states recognize that the proper employment and

conservation of energy and employment of energy-related facilities,

materials, and products, within the context of a responsible regard

for the environment, can assist substantially in the

industrialization of the South and the development of a balanced

economy for the region. They also recognize that optimum benefit

from and acquisition of energy resources and facilities require

systematic encouragement, guidance, and assistance from the party

states on a cooperative basis. It is the policy of the party states

to undertake such cooperation on a continuing basis; it is the

purpose of this Compact to provide the instruments and framework for

Oklahoma Statutes - Title 74. State Government Page 733

such a cooperative effort to improve the economy of the South and

contribute to the individual and community well-being of the

region's people.

ARTICLE II. THE BOARD

(a) There is hereby created an agency of the party states to be

known as the "Southern States Energy Board", hereinafter called the

Board. The Board shall be composed of three (3) members from each

party state, one of whom shall be appointed or designated in each

state to represent the Governor, the State Senate and the State

House of Representatives, respectively. Each member shall be

designated or appointed in accordance with the law of the state

which he represents and serving and subject to removal in accordance

with such law. Any member of the Board may provide for the

discharge of his duties and the performance of his functions

thereon, either for the duration of his membership or for any lesser

period of time, by a deputy or assistant, if the laws of his state

make specific provision therefor. The federal government may be

represented without vote if provision is made by federal law for

such representation.

(b) Each party state shall each be entitled to one vote on the

Board to be determined by majority vote of each member or member's

representative from the party state present and voting on any

question. No action of the Board shall be binding unless taken at a

meeting at which a majority of all party states are represented and

unless a majority of the total number of votes on the Board are cast

in favor thereof.

(c) The Board shall have a seal.

(d) The Board shall elect annually, from among its members, a

chairman, a vice-chairman, and a treasurer. The Board shall appoint

an Executive Director who shall serve at its pleasure and who shall

also act as Secretary, and who, together with the treasurer, shall

be bonded in such amounts as the Board may require.

(e) The Executive Director, with the approval of the Board,

shall appoint and remove or discharge such personnel as may be

necessary for the performance of the Board's functions irrespective

of the civil service, personnel or other merit system laws of any of

the party states.

(f) The Board may establish and maintain, independently or in

conjunction with any one or more of the party states, a suitable

retirement system for its full-time employees. Employees of the

Board shall be eligible for social security coverage in respect of

old age and survivors insurance provided that the Board takes such

steps as may be necessary pursuant to federal law to participate in

such program of insurance as a governmental agency or unit. The

Board may establish and maintain or participate in such additional

programs of employee benefits as may be appropriate.

Oklahoma Statutes - Title 74. State Government Page 734

(g) The Board may borrow, accept, or contract for the services

of personnel from any state or the United States or any subdivision

or agency thereof, from any interstate agency, or from any

institution, person, firm or corporation.

(h) The Board may accept for any of its purposes and functions

under this Compact any and all donations, and grants of money,

equipment, supplies, materials, and services, conditional or

otherwise, from any state or the United States or any subdivision or

agency thereof, or interstate agency, or from any institution,

person, firm or corporation, and may receive, utilize and dispose of

the same.

(i) The Board may establish and maintain such facilities as may

be necessary for the transacting of its business. The Board may

acquire, hold, and convey real and personal property and any

interest therein.

(j) The Board shall adopt bylaws, rules and regulations for the

conduct of its business, and shall have the power to amend and

rescind these bylaws, rules, and regulations. The Board shall

publish its bylaws, rules, and regulations in convenient form and

shall file a copy thereof, and shall also file a copy of any

amendment thereto, with the appropriate agency or officer in each of

the party states.

(k) The Board annually shall make, to the governor of each party

state, a report covering the activities of the Board for the

preceding year, and embodying such recommendations as may have been

adopted by the Board, which report shall be transmitted to the

Legislature of said state. The Board may issue such additional

reports as it may deem desirable.

ARTICLE III. FINANCES

(a) The Board shall submit to the executive head or designated

officer or officers of each party state a budget of its estimated

expenditures for such period as may be required by the laws of that

jurisdiction for presentation to the Legislature thereof.

(b) Each of the Board's budgets of estimated expenditures shall

contain specific recommendations of the amount or amounts to be

appropriated by each of the party states. One-half (1/2) of the

total amount of each budget of estimated expenditures shall be

apportioned among the party states in equal shares; one-quarter

(1/4) of each such budget shall be apportioned among the party

states in accordance with the ratio of their populations to the

total population of the entire group of party states based on the

last Decennial Federal Census; and one-quarter (1/4) of each such

budget shall be apportioned among the party states on the basis of

the relative average per capita income of the inhabitants in each of

the party states based on the latest computations published by the

federal census-taking agency. Subject to appropriation by their

respective Legislatures, the Board shall be provided with such funds

Oklahoma Statutes - Title 74. State Government Page 735

by each of the party states as are necessary to provide the means of

establishing and maintaining facilities, a staff of personnel, and

such activities as may be necessary to fulfill the powers and duties

imposed upon and entrusted to the Board.

(c) The Board may meet any of its obligations in whole or in

part with funds available to it under Article II (h) of this

Compact, provided that the Board takes specific action setting aside

such funds prior to the incurring of any obligation to be met in

whole or in part in this manner. Except where the Board makes use

of funds available to it under Article II (h) hereof, the Board

shall not incur any obligation prior to the allotment of funds by

the party jurisdictions adequate to meet the same.

(d) The Board shall keep accurate accounts of all receipts and

disbursements. The receipts and disbursements of the Board shall be

subject to the audit and accounting procedures established under its

bylaws. However, all receipts and disbursements of funds handled by

the Board shall be audited yearly by a qualified public accountant

and the report of the audit shall be included in and become a part

of the annual report of the Board.

(e) The accounts of the Board shall be open at any reasonable

time for inspection.

ARTICLE IV. ADVISORY COMMITTEES

The Board may establish such advisory and technical committees

as it may deem necessary, membership on which to include but not be

limited to private citizens, expert and lay personnel,

representatives of industry, labor, commerce, agriculture, civic

associations, medicine, education, voluntary health agencies, and

officials of local, state and federal government, and may cooperate

with and use the services of any such committees and the

organizations which they represent in furthering any of its

activities under this Compact.

ARTICLE V. POWERS

The Board shall have power to:

(a) Ascertain and analyze on a continuing basis the position of

the South with respect to energy, energy-related industries and

environmental concerns.

(b) Encourage the development, conservation and responsible use

of energy and energy-related facilities, installations, and products

as part of a balanced economy and healthy environment.

(c) Collect, correlate, and disseminate information relating to

civilian uses of energy and energy-related materials and products.

(d) Conduct, or cooperate in conducting, programs of training

for state and local personnel engaged in any aspect of:

(1) Energy, environment, and application of energy,

environmental, and related concerns to industry, medicine, or

education or the promotion or regulation thereof.

Oklahoma Statutes - Title 74. State Government Page 736

(2) The formulation or administration of measures designed to

promote safety in any matter related to the development, use or

disposal of energy and energy-related materials, products,

installations, or wastes.

(e) Organize and conduct, or assist and cooperate in organizing

and conducting, demonstrations of energy product, material, or

equipment use and disposal and of proper techniques or processes for

the application of energy resources to the civilian economy or

general welfare.

(f) Undertake such nonregulatory functions with respect to

sources of radiation as may promote the economic development and

general welfare of the region.

(g) Study industrial, health, safety, and other standards, laws,

codes, rules, regulations, and administrative practices in or

related to energy and environmental fields.

(h) Recommend such changes in, or amendments or additions to,

the laws, codes, rules, regulations, administrative procedures and

practices or ordinances of the party states in any of the fields of

its interest and competence as in its judgment may be appropriate.

Any such recommendation shall be made through the appropriate state

agency with due consideration of the desirability of uniformity but

shall also give appropriate weight to any special circumstance which

may justify variations to meet local conditions.

(i) Prepare, publish and distribute, with or without charge,

such reports, bulletins, newsletters or other material as it deems

appropriate.

(j) Cooperate with the United States Department of Energy or any

agency successor thereto, any other officer or agency of the United

States, and any other governmental unit or agency or officer

thereof, and with any private persons or agencies in any of the

fields of its interests.

(k) Act as licensee of the United States Government or any party

state with respect to the conduct of any research activity requiring

such license and operate such research facility or undertake any

program pursuant thereto.

(l) Ascertain from time to time such methods, practices,

circumstances, and conditions as may bring about the prevention and

control of energy and environmental incidents in the area comprising

the party states, to coordinate the environmental and other energy-

related incident prevention and control plans and the work relating

thereto of the appropriate agencies of the party states and to

facilitate the rendering of aid by the party states to each other in

coping with energy and environmental incidents. The Board may

formulate and, in accordance with need from time to time, revise a

regional plan or regional plans for coping with energy and

environmental incidents within the territory of the party states as

Oklahoma Statutes - Title 74. State Government Page 737

a whole or within any subregion or subregions of the geographic area

covered by this Compact.

ARTICLE VI. SUPPLEMENTARY AGREEMENTS

(a) To the extent that the Board has not undertaken an activity

or project which would be within its power under the provisions of

Article V of this Compact, any two or more of the party states,

acting by their duly constituted administrative officials, may enter

into supplementary agreements for the undertaking and continuance of

such an activity or project. Any such agreement shall specify its

purpose or purposes; its duration and the procedure for termination

thereof or withdrawal therefrom; the method of financing and

allocating the costs of the activity or project; and such other

matters as may be necessary or appropriate. No such supplementary

agreement entered into pursuant to this article shall become

effective prior to its submission to and approval by the Board. The

Board shall give such approval unless it finds that the

supplementary agreement or the activity or project contemplated

thereby is inconsistent with the provisions of this Compact or a

program or activity conducted by or participated in by the Board.

(b) Unless all of the party states participate in a

supplementary agreement, any cost or costs thereof shall be borne

separately by the states party thereto. However, the Board may

administer or otherwise assist in the operation of any supplementary

agreement.

(c) No party to a supplementary agreement entered into pursuant

to this article shall be relieved thereby of any obligation or duty

assumed by said party state under or pursuant to this Compact,

except that timely and proper performance of such obligation or duty

by means of the supplementary agreement may be offered as

performance pursuant to the Compact.

ARTICLE VII. OTHER LAWS AND RELATIONSHIPS

Nothing in this Compact shall be construed to:

(a) Permit or require any person or other entity to avoid or

refuse compliance with any law, rule, regulation, order or ordinance

of a party state or subdivision thereof now or hereafter made,

enacted or in force.

(b) Limit, diminish, or otherwise impair jurisdiction exercised

by the United States Department of Energy, any agency successor

thereto, or any other federal department, agency or officer pursuant

to and in conformity with any valid and operative act of Congress.

(c) Alter the relations between the respective internal

responsibilities of the government of a party state and its

subdivisions.

(d) Permit or authorize the Board to exercise any regulatory

authority or to own or operate any nuclear reactor for the

generation of electric energy; nor shall the Board own or operate

any facility or installation for industrial or commercial purposes.

Oklahoma Statutes - Title 74. State Government Page 738

ARTICLE VIII. ELIGIBLE PARTIES, ENTRY

INTO FORCE AND WITHDRAWAL

(a) Any or all of the states of Alabama, Arkansas, Delaware,

Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi,

Missouri, North Carolina, Oklahoma, South Carolina, Tennessee,

Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and

the United States Virgin Islands shall be eligible to become party

to this Compact.

(b) As to any eligible party state, this Compact shall become

effective when its Legislature shall have enacted the same into law;

provided that it shall not become initially effective until enacted

into law by seven states.

(c) Any party state may withdraw from this Compact by enacting a

statute repealing the same, but no such withdrawal shall become

effective until the Governor of the withdrawing state shall have

sent formal notice in writing to the Governor of each other party

state informing said Governors of the action of the Legislature in

repealing the Compact and declaring an intention to withdraw.

ARTICLE IX. SEVERABILITY AND CONSTRUCTION

The provisions of this Compact and of any supplementary

agreement entered into hereunder shall be severable and if any

phrase, clause, sentence or provision of this Compact or such

supplementary agreement is declared to be contrary to the

constitution of any participating state or of the United States or

the applicability thereof to any government, agency, person, or

circumstance is held invalid, the validity of the remainder of this

Compact or such supplementary agreement and the applicability

thereof to any government, agency, person or circumstance shall not

be affected thereby. If this Compact or any supplementary agreement

entered into hereunder shall be held contrary to the constitution of

any state participating therein, the Compact or such supplementary

agreement shall remain in full force and effect as to the remaining

states and in full force and effect as to the state affected as to

all severable matters. The provisions of this Compact and of any

supplementary agreement entered into pursuant hereto shall be

liberally construed to effectuate the purpose thereof.
Okla. Stat. tit. 74, § 74-452.9 — OK Code / Title 74 / Section 74-452.9
Format of acts
Status: in_force

Every act of the Legislature shall contain a separate provision

that clearly expresses the subject of the bill. In the event a

court of this state determines that a legislative measure violates

the one-subject rule pursuant to Section 57 of Article V of the

Oklahoma Constitution, the court shall provide written findings that

detail each of the multiple subjects the court has determined are

contained within such measure.
Okla. Stat. tit. 74, § 74-85.7i — OK Code / Title 74 / Section 74-85.7i
Renumbered as § 34.31.2 of Title 62 by Laws 2013, c
Status: in_force

358, § 36, eff. July 1, 2013.
Okla. Stat. tit. 74, § 74-150.19a — OK Code / Title 74 / Section 74-150.19a
OSBI Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State Bureau of Investigation to be designated the

"OSBI Revolving Fund". The fund shall be a continuing fund, not

subject to fiscal year limitations, and shall consist of any monies

received from the sale of surplus property, fees and receipts

collected pursuant to the Oklahoma Open Records Act, fines,

forfeitures, fees, charges, receipts, donations, gifts, bequests,

contributions, devises, interagency reimbursements, federal funds

unless otherwise provided by federal law or regulation, or any other

source. All monies accruing to the credit of said fund are hereby

appropriated and may be budgeted and expended by the Oklahoma State

Bureau of Investigation for operating expenses of the Bureau, for

the purpose of implementing the Oklahoma Reward System pursuant to

Section 150.18 of this title, and to purchase equipment and provide

training to law enforcement agencies located in the state, pursuant

to Section 62.9 of this title. Expenditures from said fund shall be

made upon warrants issued by the State Treasurer against claims

filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 74, § 74-51.2a — OK Code / Title 74 / Section 74-51.2a
Emergency preparedness grants
Status: in_force

Contingent upon the availability of designated funding from the

United States Department of Homeland Security or state

appropriations, the Office of Homeland Security shall make grant

monies available to:

1. Public schools, private schools, technology center schools

and institutions of higher learning in this state to encourage

greater emergency preparedness including, but not limited to,

improvement of plans and procedures for natural and man-made

disasters and emergencies, improvement of security on campus, at

events, and with regard to buses and other transportation, and

improvement of communications strategies and equipment; and

2. Local law enforcement, emergency management, disaster

relief, and public health entities in this state to encourage the

active engagement of such entities with public schools, private

schools, technology center schools, and institutions of higher

learning in their efforts to improve emergency preparedness.
Okla. Stat. tit. 74, § 74-2900 — OK Code / Title 74 / Section 74-2900
Short title
Status: in_force

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

Homeless Prevention Act".
Okla. Stat. tit. 74, § 74-227.10 — OK Code / Title 74 / Section 74-227.10
Renumbered as Section 20 of Title 1 of the Oklahoma
Status: in_force

Statutes by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
Okla. Stat. tit. 74, § 74-2217.1 — OK Code / Title 74 / Section 74-2217.1
Boat rental businesses operating in a state park
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 891

A. Any boat rental business operating in a state park:

1. Shall have a current valid written contract with the

Oklahoma Tourism and Recreation Department or the agency which owns

the lake;

2. Shall be required to obtain a business license from the

state;

3. Shall have a visible, commercially accessible public

location; and

4. Shall be properly licensed with a tax permit and any other

required local permits.

B. Any person found guilty of violating the provisions of this

section shall be guilty of a misdemeanor punishable by a fine not to

exceed Five Hundred Dollars ($500.00) or by imprisonment in the

county jail for a term not exceeding thirty (30) days or by both

such fine and imprisonment.

C. As used in this section, "boat rental business" means a

short-term lease or rental of any boat, including the completion of

paperwork or documents, and the loading and delivery of the boat.
Okla. Stat. tit. 74, § 74-85.55 — OK Code / Title 74 / Section 74-85.55
Public entities - Powers, duties and responsibilities
Status: in_force

A. Each state public entity whether or not subject to the

Central Purchasing Act shall:

1. Be subject to the rules promulgated by the Purchasing

Division regarding the purchase of recycled products;

Oklahoma Statutes - Title 74. State Government Page 208

2. Establish management practices in accordance with the

provisions of the Oklahoma State Recycling and Recycled Materials

Procurement Act; and

3. Report by November 1 of each year to the Director of Central

Services the following:

a. the total amount of waste paper and other recyclable

materials sold during the previous fiscal year,

b. the amount of procured recycled paper products and

other products manufactured with recycled materials,

and

c. the total amount of monies collected and expended to

implement the Oklahoma State Recycling and Recycled

Materials Procurement Act.

B. It is the intention of the Legislature that all state public

entities and other governmental subdivisions of this state

aggressively pursue procurement practices that encourage solid waste

reduction and development of markets for recyclable materials and

compost and shall, whenever practical, procure products containing

recycled materials.
Okla. Stat. tit. 74, § 74-5060.13 — OK Code / Title 74 / Section 74-5060.13
Challenge funding of research
Status: in_force

A. The Center may use monies from the Research Support

Revolving Fund for the purposes of this act by awarding competitive

funds, through professional service contracts or otherwise, to

institutions of higher education, nonprofit research foundations and

private enterprises of special importance to the Oklahoma economy.

B. The Center is authorized to provide challenge funding to

Oklahoma higher education institutions for the purpose of assisting

such institutions to raise funds in research areas where they have

achieved or have true promise of attaining a standard of excellence

as recognized by national and international peers. The Center may

transfer to the Oklahoma State Regents for Higher Education the

endowed chairs established pursuant to paragraph 1 of subsection D

of this section, with any funds associated with such endowed chairs,

for the purposes specified in Section 3952 of Title 70 of the

Oklahoma Statutes.

Oklahoma Statutes - Title 74. State Government Page 1082

C. Any higher education institution which desires to obtain

such challenge funding authorized in subsection B of this section

shall submit an application to the Oklahoma Center for the

Advancement of Science and Technology. Such application shall

specify the total amount of funds such institution will provide to

meet the requirements of the challenge funding and the research

merits and economic benefits of the proposals as well as any other

information which the Center may deem necessary in order to evaluate

the application; provided, however, such institution shall not use

state-appropriated funds for the purpose of meeting the requirements

of such challenge funding.

D. Funding shall be awarded on the following basis:

1. For endowed chair professional service contracts or grants,

the Center shall match Two Dollars ($2.00) from the More Oklahoma

Science and Technology (MOST) Eminent Scholars and Research

Equipment Account for every One Dollar ($1.00) of interest income

generated by the endowment for such chair; however, the amount of a

state professional service contract or grant for any endowed chair

shall not be less than Fifty Thousand Dollars ($50,000.00) for any

one fiscal year. Funding awarded to match such interest shall be

limited to endowed chairs created after May 27, 1986; and

2. For research professional service contracts or grants, the

Center shall match One Dollar ($1.00) from the More Oklahoma Science

and Technology (MOST) Eminent Scholars and Research Equipment

Account for every One Dollar ($1.00) of monies that will be raised

by such institution for matching purposes. The minimum amount of a

state professional service contract or grant for any research

project shall not be less than Ten Thousand Dollars ($10,000.00) and

shall be limited to acquiring research equipment. No applicant for

a professional service contract or grant for research equipment

under this paragraph shall be required to obtain the mandatory

matching funding prior to application to the Center for funding.

Applicants selected by the Center for funding shall have up to

twelve (12) months from the date of selection to obtain the required

matching funds. A selected applicant may request an extension of

time not to exceed three (3) months to obtain the necessary matching

funds. The period for obtaining matching funds shall not exceed a

total of fifteen (15) months from the date of selection.

E. Persons selected to hold such endowed chairs or to receive

funding for research as provided for in this section shall be

selected pursuant to the procedures of the higher education

institution which has been awarded such funding.

F. Approval of any challenge funding proposal shall be based

upon the proposal submitted, external peer review and such

additional investigation as the staff of the Center shall make.
Okla. Stat. tit. 74, § 74-1301 — OK Code / Title 74 / Section 74-1301
Oklahoma Employees Insurance and Benefits Act
Status: in_force

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

Employees Insurance and Benefits Act".
Okla. Stat. tit. 74, § 74-5063.3 — OK Code / Title 74 / Section 74-5063.3
Credit Enhancement Reserve Fund - Creation -
Status: in_force

Management, administration and utilization - Legislative intent.

A. There is hereby created a fund to be known as the Credit

Enhancement Reserve Fund. The Fund shall be managed, administered

and utilized by the Oklahoma Development Finance Authority in

accordance with the provisions of this act.

B. It is the intent of the Legislature that the Fund be self-

supporting from insurance premiums charged to borrowers and that

such charges be based on sound actuarial practices. The proceeds of

obligations to which credit enhancement is granted shall be used,

except for unusual circumstances with exceptionally strong public

benefits, for expansion capital to businesses and to make

improvements or additions to real or personal property in the case

of private or nonprofit use borrowers. Use of the Fund for business

buyouts or refinancing shall be minimal. The Authority shall give

reasonable priority to loans in rural areas. In implementing the

provisions of the Credit Enhancement Reserve Fund Act, the Authority

shall generally limit the granting of credit enhancement by the Fund

to high to moderate credit quality revenue bonds or other

obligations issued by the Authority, except as provided in Section 5

of this act and Sections 5063.4b and 5063.4i of this title. High to

moderate credit quality means revenue bonds or other obligations of

the Authority judged to be of low to moderate risk, meaning that an

obligation to which credit enhancement is granted demonstrates a

strong likelihood of repayment according to its terms. Credit

quality shall be determined by the Program Development and Credit

Review Committee. To the extent possible, the Fund shall be

leveraged with private financial assistance for Fund-backed

obligations for private or nonprofit borrowers.
Okla. Stat. tit. 74, § 74-1314 — OK Code / Title 74 / Section 74-1314
Officers and employees exempt - Options
Status: in_force

Except as provided in Section 483 of Title 40 of the Oklahoma

Statutes, the provisions of the State and Education Employees Group

Insurance Act, Section 1301 et seq. of this title, shall not apply

to the employees and officers of The Oklahoma State System of Higher

Education nor to the Commissioners of the State Department of

Transportation nor to any member of an administrative board or

commission of any agency, board, authority or commission of the

State of Oklahoma unless such member is a full-time salaried

employee; provided, however, that any state system or institution of

higher education may elect to come under the provisions of said act.
Okla. Stat. tit. 74, § 74-935 — OK Code / Title 74 / Section 74-935
Statewide organization - General mailings to retired
Status: in_force

members.

Any statewide organization limited to state employee membership

with a minimum membership of one thousand (1,000) dues-paying

members may annually send one general mailing to all retired members

of the Oklahoma Public Employees Retirement System and shall pay for

the total cost. The Board of Trustees and any qualifying

organization under this section shall agree on the method of

providing a list of retired members of the system and their

Oklahoma Statutes - Title 74. State Government Page 715

addresses to accomplish the mailing, while preserving the

confidentiality of the list. Such an agreement may include

providing the list to a third party in the business of providing

mailing services if the third party agrees to maintain the

confidentiality of the list. The System shall not be held

responsible or be liable to retired members for providing the names

and addresses as provided herein.
Okla. Stat. tit. 74, § 74-5063.18 — OK Code / Title 74 / Section 74-5063.18
State tax exemption
Status: in_force

The bonds authorized pursuant to this act, and interest thereon,

shall be exempt from all taxation in this state except for

inheritance, estate or transfer taxes; and all security agreements

and financing agreements made pursuant to the provisions of this act

shall be exempt from Oklahoma stamp and transfer taxes.
Okla. Stat. tit. 74, § 74-130.15 — OK Code / Title 74 / Section 74-130.15
Renumbered as § 142.6 of Title 40 by Laws 2014, c. 328,
Status: in_force

§ 19. Editorially renumbered as § 142.7 of Title 40 to avoid a

duplication in numbering.

Oklahoma Statutes - Title 74. State Government Page 259
Okla. Stat. tit. 74, § 74-500.9A — OK Code / Title 74 / Section 74-500.9A
Expenses provided for in contract or grant
Status: in_force

Per diem payments, travel and other actual and necessary

expenses may be paid if same is provided for in any contract or

grant.
Okla. Stat. tit. 74, § 74-324.14 — OK Code / Title 74 / Section 74-324.14
Legal advisor
Status: in_force

The Attorney General shall be the legal advisor for the office of

the State Fire Marshal and the Fire Marshal Commission and shall

appear for and represent the State Fire Marshal, the Fire Marshal

Commission and any of his deputies or agents in any and all

Oklahoma Statutes - Title 74. State Government Page 419

litigation that may arise in the discharge of their respective

duties.
Okla. Stat. tit. 74, § 74-9202 — OK Code / Title 74 / Section 74-9202
Broadband Governing Board
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 1268

A. 1. There is hereby created until June 30, 2028, the

Broadband Governing Board. The Board shall oversee the Oklahoma

Broadband Office. Effective June 30, 2028, the Board shall

terminate. The Board shall utilize the year prior to the

termination date for the purpose of ceasing the Board's affairs.

2. The Board shall receive regular reports from the Office's

Executive Director and the Executive Director's staff on the status

of the Statewide Broadband Plan, the State Broadband Grant Program,

other developed grant programs, and other projects the Office is

undertaking, during regularly scheduled meetings.

B. The Board shall consist of nine (9) members. Two members

shall be appointed by the Speaker of the Oklahoma House of

Representatives, two members shall be appointed by the President Pro

Tempore of the Oklahoma State Senate, three members shall be

appointed by the Governor, one member shall be the Lieutenant

Governor, and one member shall be the State Treasurer. Except as

provided in subsection C of this section, appointees shall serve

until June 30, 2028. No individual with an official affiliation,

paid or unpaid, with any potential recipient of a grant administered

under the provisions of this act, shall be appointed to or serve on

the Board.

C. Each appointee shall serve at the pleasure of his or her

appointing authority and may be removed or replaced without cause.

D. 1. The Board shall hold an organizational meeting not later

than thirty (30) days from the effective date of this act. At such

meeting, the Board shall adopt qualifications and a salary range for

an Executive Director for the Oklahoma Broadband Office based on the

recommendations of the Human Capital Management Division of the

Office of Management and Enterprise Services, and provide for the

process of filling the position in a reasonable time in accordance

with the laws of this state.

2. The Board shall hold meetings as necessary at a place and

time to be fixed by the Board. The Board shall elect, at its first

meeting, one of its members to serve as chair and another of its

members to serve as vice-chair. At the first meeting in each

calendar year thereafter, the chair and vice-chair for the ensuing

year shall be elected. Special meetings may be called by the chair

or by five members of the Board by delivery of written notice to

each member of the Board. A majority of members serving on the

Board shall constitute a quorum of the Board.

E. If a Board member is unable to fulfill his or her term for

any reason, the appointing authority of such member may appoint a

replacement to complete the remainder of the term.

F. The Board shall be subject to the Oklahoma Open Meeting Act

and the Oklahoma Open Records Act.

Oklahoma Statutes - Title 74. State Government Page 1269

G. The Board shall employ, evaluate, and maintain an Executive

Director of the Office who shall serve at the pleasure of the Board

and may be removed or replaced without cause.

H. The Board shall promulgate rules as necessary to implement

the provisions of the Oklahoma Broadband Expansion Act and for the

governance and operation of the Oklahoma Broadband Office.

I. The Board shall approve or disapprove all grant and

incentive programs created by the Office under the provisions of

this act or under law.

J. The Board shall oversee the annual budget for the Office,

which shall be funded from the allowed administrative expenses of

applicable federal programs and funds available for expenditure from

the State Broadband Grant Program Revolving Fund created pursuant to

Section 10 of this act.

K. The Board shall approve the Statewide Broadband Plan and

updates to the Plan as necessary.
Okla. Stat. tit. 74, § 74-5167 — OK Code / Title 74 / Section 74-5167
Services from outside providers to carry out the governmental entity's powers and
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 47governmental entity's powers and duties.

The responsible governmental entity may retain or contract for

the services of commercial appraisers, engineers, investment

bankers, financial advisers, accounting experts and other

consultants, independent contractors or providers of professional

services as are necessary in the judgment of the responsible

governmental entity to carry out the powers and duties under this

act. This may include the identification of public projects to be

subject to invitations for qualifications or proposals under this

act, the development of those invitations and related evaluation

criteria, the evaluation of those invitations and the negotiation of

any contract under this act.

Oklahoma Statutes - Title 74. State Government Page 1190
Okla. Stat. tit. 74, § 74-581 — OK Code / Title 74 / Section 74-581
Contracts by department or institution with another for
Status: in_force

work - Payment - Disposition of proceeds.

That any department of the state government or any state

institution may contract with any other department of state

government or institution having under its control the personal

services, labor and equipment, machinery or other facilities to

perform needed work for or on behalf of the state or its

subdivisions, department or institutions, when such work may be

performed by the use of machinery, equipment, material and/or labor

of the department or institution under its control contracting to

furnish such service by the use of such facilities of its own, or

those of any institution of the state under its control. The

department or institution or subdivision obtaining and receiving

such services shall pay or otherwise compensate the department or

institution performing the work for the fair value thereof,

including the cost of material used and proper compensation by

payment or exchange for any personal services, labor, equipment and

material employed in performing such work or services; which said

funds shall be deposited in a special depository account to be kept

separately from all other collections and may be expended by the

departments, subdivisions or institutions performing the services by

voucher issued by said department or institution and drawn on the

Oklahoma Statutes - Title 74. State Government Page 488

State Treasurer; provided, however, that when such services are

performed by any department or institution having a revolving fund,

such payments may be credited to and become a part of such revolving

fund.
Okla. Stat. tit. 74, § 74-1305.1 — OK Code / Title 74 / Section 74-1305.1
Discharge of duties - Investment of monies - Indemnity
Status: in_force

insurance - Investment committee - Investment managers - Funds and

custodian of investment fund and revenues - Investment plan -

Quarterly financial report.

(1) The Chief Executive Officer (CEO) of the Oklahoma Health

Care Authority and the Oklahoma Employees Insurance and Benefits

Board shall discharge their duties with respect to the Oklahoma

Employees Insurance and Benefits Act, the State Employees Flexible

Benefits Act and the State Employees Disability Program Act solely

in the interest of said acts and:

(a) for the exclusive purpose of:

(i) providing benefits to the participants and their

dependents, and

(ii) defraying reasonable expenses of administering the

Oklahoma Employees Insurance and Benefits Act, the

State Employees Flexible Benefits Act and the State

Employees Disability Program Act;

(b) with the care, skill, prudence, and diligence under the

circumstances then prevailing that a prudent person acting in a like

capacity and familiar with such matters would use in the conduct of

an enterprise of a like character and with like aims;

(c) by diversifying investments so as to minimize the risk of

large losses, unless under the circumstances it is clearly prudent

not to do so; and

(d) in accordance with the laws, documents and instruments

governing the Oklahoma Employees Insurance and Benefits Act, the

State Employees Flexible Benefits Act and the State Employees

Disability Program Act.

(2) The Authority may procure insurance indemnifying the

members of the Board and the CEO from personal loss or

accountability from liability resulting from action or inaction.

(3) The CEO may establish an investment committee. The

investment committee shall be composed of not more than three (3)

members of the Board selected by the CEO. The committee shall make

recommendations to the full Board on all matters related to the

choice of custodians and managers of the assets of the Oklahoma

Health Care Authority relating to the Oklahoma Employees Insurance

and Benefits Act, on the establishment of investment and fund

management guidelines, and in planning future investment policy.

The committee shall have no authority to act on behalf of the Board

or CEO in any circumstances whatsoever. No recommendation of the

committee shall have effect as an action of the Board or CEO nor

take effect without the approval of the Board or CEO.

(4) The Oklahoma Health Care Authority, based on recommendation

of the Board shall retain qualified investment managers to provide

Oklahoma Statutes - Title 74. State Government Page 789

for the investment of the monies received by the Authority. The

investment managers shall be chosen by a solicitation of proposals

on a competitive bid basis pursuant to standards set by the Board.

Subject to the overall investment guidelines set by the Board, the

investment managers shall have full discretion in the management of

those monies of the Authority allocated to the investment managers.

The Board shall oversee the management of those monies not

specifically allocated to the investment managers. The monies of

the Authority allocated to the investment managers shall be actively

managed by the investment managers, which may include selling

investments and realizing losses if such action is considered

advantageous to longer term return maximization. Because of the

total return objective, no distinction shall be made for management

and performance evaluation purposes between realized and unrealized

capital gains and losses.committee - Investment managers - Funds and custodian of investment fund and revenues -

Oklahoma Statutes - Title 74. State Government Page 27to the investment managers shall be actively

managed by the investment managers, which may include selling

investments and realizing losses if such action is considered

advantageous to longer term return maximization. Because of the

total return objective, no distinction shall be made for management

and performance evaluation purposes between realized and unrealized

capital gains and losses.

(5) Funds and revenues for investment by the investment

managers or the Oklahoma Health Care Authority shall be placed with

a custodian recommended by the Board. The custodian shall be a bank

or trust company offering pension fund master trustee and master

custodial services. The custodian shall be chosen by a solicitation

of proposals on a competitive bid basis pursuant to standards set by

the Board. In compliance with the investment policy guidelines of

the Board, the custodian bank or trust company shall be

contractually responsible for ensuring that all monies of the

Authority are invested in income-producing investment vehicles at

all times. If a custodian bank or trust company has not received

direction from the investment managers of the Authority as to the

investment of the monies of the Authority in specific investment

vehicles, the custodian bank or trust company shall be contractually

responsible to the Authority for investing the monies in

appropriately collateralized short-term interest-bearing investment

vehicles.

(6) Prior to August 1 of each year, the Board shall develop a

written investment plan for the monies received by the Authority.

(7) The Administrator shall compile annual financial statements

of all the activity of the Authority on a calendar year basis. The

financial statements shall be compiled pursuant to accounting

principles generally accepted in the United States. The report

shall include several relevant measures of investment value,

including acquisition cost and current fair market value with

appropriate summaries of total holdings and returns. The report

shall contain combined and individual rate of returns of the

investment managers by category of investment, over periods of time.

The report shall be distributed to the Board and the CEO of the

Oklahoma Health Care Authority.
Okla. Stat. tit. 74, § 74-130.21 — OK Code / Title 74 / Section 74-130.21
Renumbered as § 142.12 of Title 40 by Laws 2014, c
Status: in_force

328, § 25. Editorially renumbered as § 142.13 of Title 40 to avoid

a duplication in numbering.
Okla. Stat. tit. 74, § 74-20j — OK Code / Title 74 / Section 74-20j
Enforcement of federal immigration and customs laws -
Status: in_force

Memorandum of Understanding - Limitation of exchange of information

regarding immigration status prohibited - Private right of action.

A. The Attorney General is authorized and directed to negotiate

the terms of a Memorandum of Understanding between the State of

Oklahoma and the United States Department of Justice or the United

States Department of Homeland Security, as provided by Section

1357(g) of Title 8 of the United States Code, concerning the

enforcement of federal immigration and customs laws, detention and

removals, and investigations in the State of Oklahoma.

B. The Memorandum of Understanding negotiated pursuant to

subsection A of this section shall be signed on behalf of this state

by the Attorney General and the Governor or as otherwise required by

the appropriate federal agency.

C. No local government, whether acting through its governing

body or by an initiative, referendum, or any other process, shall

enact any ordinance or policy that limits or prohibits a law

enforcement officer, local official, or local government employee

from communicating or cooperating with federal officials with regard

to the immigration status of any person within this state.

D. Notwithstanding any other provision of law, no government

entity or official within the State of Oklahoma may prohibit, or in

any way restrict, any government entity or official from sending to,

or receiving from, the United States Department of Homeland

Security, information regarding the citizenship or immigration

status, lawful or unlawful, of any individual.

E. Notwithstanding any other provision of law, no person or

agency may prohibit, or in any way restrict, a public employee from

doing any of the following with respect to information regarding the

immigration status, lawful or unlawful, of any individual:

1. Sending such information to, or requesting or receiving such

information from, the United States Department of Homeland Security;

Oklahoma Statutes - Title 74. State Government Page 93

2. Maintaining such information; or

3. Exchanging such information with any other federal, state,

or local government entity.

F. The provisions of this section shall allow for a private

right of action by any natural or legal person lawfully domiciled in

this state to file for a writ of mandamus to compel any

noncooperating local or state governmental agency to comply with

such reporting laws.Limitation of exchange of information regarding immigration status prohibited - Private right of
Okla. Stat. tit. 74, § 74-1307.3 — OK Code / Title 74 / Section 74-1307.3
Payment for services provided by out-of-state
Status: in_force

providers.

Unless the Oklahoma Health Care Authority has otherwise

contracted with an out-of-state provider, the Authority shall pay

for medical services and treatment rendered by an out-of-state

provider at the same level paid to an in-state provider if the

insured was referred to the out-of-state provider by a physician or

it was an emergency situation and the out-of-state provider which

offers the type of services needed is the closest provider in

proximity to the place of residence of the employee.
Okla. Stat. tit. 74, § 74-85.22C — OK Code / Title 74 / Section 74-85.22C
Sole-source contracts — Disclosure under oath
Status: in_force

A. Each bidder and each recipient of a sole-source contract

shall accompany a bid with a written statement under oath disclosing

the following information:

1. Any known business or familial relationship then in effect

or which existed within one (1) year prior to the date of such

statement between any officer or director of the bidding company and

any officer or employee of the state agency receiving the bid;

2. The nature of any such known business or familial

relationships then in effect or which existed within one (1) year

prior to the date of such statement with any officer or employee of

the state agency receiving the bid; and

3. The names of all known persons having any such business or

familial relationships and the positions they hold within their

respective companies, firms, or state agencies.

B. If no business or familial relationships listed in

subsection A of this section exist, a bidder or recipient shall

submit a written statement under oath that no such relationships

exist.
Okla. Stat. tit. 74, § 74-130.17 — OK Code / Title 74 / Section 74-130.17
Renumbered as § 142.8 of Title 40 by Laws 2014, c. 328,
Status: in_force

§ 21. Editorially renumbered as § 142.9 of Title 40 to avoid a

duplication in numbering.
Okla. Stat. tit. 74, § 74-2262 — OK Code / Title 74 / Section 74-2262
Mortgages and encumbrances not authorized
Status: in_force

Nothing in this act shall be construed to authorize the

Commission to mortgage or otherwise encumber any of its property of

any kind, except that the revenues thereof may be pledged as herein

provided.
Okla. Stat. tit. 74, § 74-840-2.20 — OK Code / Title 74 / Section 74-840-2.20
Leave benefits - Emergency and permanent rules
Status: in_force

A. The Director of the Office of Management and Enterprise

Services shall promulgate such emergency and permanent rules

regarding leave and holiday leave as are necessary to assist the

state and its agencies.

The Director of the Office of Management and Enterprise

Services, in adopting new rules, amending rules and repealing rules,

shall ensure that the following provisions are incorporated:

1. Eligible employees who enter on duty or who are reinstated

after a break in service shall receive leave benefits in accordance

with the schedule outlined below. Leave shall be accrued based upon

hours worked, paid leave, and holidays, but excluding overtime, not

to exceed the total possible work hours for the pay period. Years

of service shall be based on cumulative periods of employment

calculated in the manner that cumulative service is determined for

longevity purposes pursuant to Section 840-2.18 of this title.

Employees may accumulate more than the maximum annual leave

accumulation limits shown in the schedule below provided that such

excess is used during the same calendar year in which it accrues or

within twelve (12) months of the date on which it accrues, at the

discretion of the appointing authority. If an employee whose job

duties include providing fire protection services, law enforcement

services or services with the Department of Corrections is unable to

use excess leave as provided for in this paragraph because the

employee’s request for leave is denied by the employee’s appointing

authority and the denial of leave is due to extraordinary

circumstances such that taking leave could pose a threat to public

safety, health or welfare, the employee shall receive compensation

at the employee’s regular rate of pay for the amount of excess leave

the employee is unable to use. Such compensation shall be paid at

the end of the time period during which the excess leave was

required to have been used;

2. On and after the effective date of this act, the following

accrual rates and accumulation limits apply to eligible employees as

follows:

ACCRUAL RATES ACCUMULATION

LIMITS

Cumulative

Oklahoma Statutes - Title 74. State Government Page 534

Years of Annual Sick Annual

Service Leave Leave Leave

Persons employed 0-5 yrs = 15 day/yr 15 days/yr 30 days

5-10 yrs = 18 day/yr 15 days/yr 80 days

10-20 yrs = 20 day/yr 15 days/yr 80 days

over 20 yrs = 25 day/yr 15 days/yr 80 days

Following an emergency declaration as described in Section 683.8

of Title 63 of the Oklahoma Statutes, the accumulation limits for

annual leave shall temporarily increase and shall carryover to the

end of the fiscal year following the year in which the emergency

declaration ended.

All annual leave that accrued or expired during the period of

the emergency declarations issued by the Governor in 2020 and 2021

in response to the novel coronavirus (COVID-19) shall carry over to

the end of the fiscal year following the year in which the emergency

declaration ended regardless of regulatory provisions that establish

a maximum amount of annual leave that may be accumulated by an

employee of this state. Expired annual leave governed by this

subsection shall be reinstated as of May 7, 2021, and accumulation

limits for annual leave shall not apply to amounts accrued or

reinstated pursuant to this subsection. Eligibility for

reinstatement of annual leave is limited to employees currently

employed by this state on May 7, 2021;

3. Temporary employees and other limited term employees are

ineligible to accrue, use, or be paid for sick leave and annual

leave. Such employees shall be eligible for paid holiday leave at

the discretion of the appointing authority;

4. Except as provided in paragraph 2 of this subsection,

employees shall not be entitled to retroactive accumulation of leave

as a result of amendments to this section;

5. The Director of the Office of Management and Enterprise

Services shall assist agencies in developing policies to prevent

violence in state government workplaces without abridging the rights

of state employees. Such policies shall include a paid

administrative leave provision as a cooling-off period which the

Director of the Office of Management and Enterprise Services is

authorized to provide pursuant to the Administrative Procedures Act.

Such leave shall not be charged to annual or sick leave

accumulations;

6. State employees who terminated their employment in the state

service on or after October 1, 1992, may be eligible to have sick

leave accrued at the time of termination of employment restored if

they return to state employment provided that the state employees’

enter-on-duty dates for reemployment occur on or before two (2)

years after their termination of employment and they are eligible to

accrue sick leave before the two (2) years expire;

Oklahoma Statutes - Title 74. State Government Page 535

7. Employees who are volunteer firefighters pursuant to the

Oklahoma Volunteer Firefighters Act and who are called to fight a

fire shall not have to use any accrued leave or need to make up any

time due to the performance of their volunteer firefighter duties;

8. Employees who are reserve municipal police officers pursuant

to Section 34-101 of Title 11 of the Oklahoma Statutes and who miss

work in performing their duties in cases of emergency shall not have

to use any accrued leave or need to make up any time due to the

performance of their reserve municipal police officer duties;

9. Employees who are reserve deputy sheriffs pursuant to

Section 547 of Title 19 of the Oklahoma Statutes and who miss work

in performing their duties in case of emergency shall not have to

use any accrued leave or need to make up any time due to the

performance of their reserve deputy sheriff duties;

10. For purposes of the computation required by this section,

any service performed by a person during which the person received

compensation for duties performed for the state shall be counted if

payment for such service was made using state fiscal resources. The

provisions of this section shall not apply to elected or appointed

justices or judges, including special judges, who perform service in

the trial or appellate courts. The provisions of this section shall

apply to persons who perform services as an administrative law judge

within the executive department and employees of the judicial

branch; and

11. Eligible employees shall be entitled to paid maternity

leave as provided for in Section 840-2.20D of this title.

B. Nothing in law is intended to prevent or discourage an

appointing authority from disciplining or terminating an employee

due to abuse of leave benefits or absenteeism. Appointing

authorities are encouraged to consider attendance of employees in

making decisions regarding promotions, pay increases, and

discipline.

C. Upon the transfer of a function in state government to an

entity outside state government, employees may, with the agreement

of the outside entity, waive any payment for leave accumulations to

which the employee is entitled and authorize the transfer of the

leave accumulations or a portion thereof to the outside entity.

D. All permanent employees of the state shall be eligible to

carry over a maximum of six hundred forty (640) hours of annual

leave each year. Additionally, all employees shall be paid up to a

maximum of six hundred forty (640) hours of annual leave upon

separation from state service.
Okla. Stat. tit. 74, § 74-920A — OK Code / Title 74 / Section 74-920A
See the following versions:
Status: in_force

OS 74-920Av1 (HB 1805, Laws 2024, c. 139, § 5).

OS 74-920Av2 (HB 1068, Laws 2024, c. 280, § 5).
Okla. Stat. tit. 74, § 74-150.9b — OK Code / Title 74 / Section 74-150.9b
National Crime Prevention and Privacy Compact
Status: in_force

The following National Crime Prevention and Privacy Compact is

hereby ratified, enacted, entered into and given force of law by the

State of Oklahoma:

NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

Overview

ARTICLE I—DEFINITIONS

ARTICLE II—PURPOSES

ARTICLE III—RESPONSIBILITIES OF COMPACT PARTIES

ARTICLE IV—AUTHORIZED RECORD DISCLOSURES

ARTICLE V—RECORD REQUEST PROCEDURES

ARTICLE VI—ESTABLISHMENT OF COMPACT COUNCIL

ARTICLE VII—RATIFICATION OF COMPACT

ARTICLE VIII—MISCELLANEOUS PROVISIONS

ARTICLE IX—RENUNCIATION

ARTICLE X—SEVERABILITY

ARTICLE XI—ADJUDICATION OF DISPUTES

Oklahoma Statutes - Title 74. State Government Page 282

The Contracting parties agree to the following:

Overview

a. In General.—This Compact organizes an electronic information

sharing system among the Federal Government and the States to

exchange criminal history records for noncriminal justice purposes

authorized by Federal or State law, such as background checks for

governmental licensing and employment.

b. Obligations of Parties.—Under this Compact, the FBI and the

Party States agree to maintain detailed databases of their

respective criminal history records, including arrests and

dispositions, and to make them available to the Federal Government

and to Party States for authorized purposes. The FBI shall also

manage the Federal data facilities that provide a significant part

of the infrastructure for the system.

ARTICLE I—DEFINITIONS

In this Compact:

1. Attorney General.—The term “Attorney General” means the

Attorney General of the United States.

2. Compact officer.—The term “Compact officer” means—

A. with respect to the Federal Government, an official so

designated by the Director of the FBI; and

B. with respect to a Party State, the chief administrator

of the State’s criminal history record repository or a

designee of the chief administrator who is a regular

full-time employee of the repository.

3. Council.—The term “Council” means the Compact Council

established under Article VI.

4. Criminal history records.—The term “criminal history

records”—

A. means information collected by criminal justice

agencies on individuals consisting of identifiable

descriptions and notations of arrests, detentions,

indictments, or other formal criminal charges, and any

disposition arising therefrom, including acquittal,

sentencing, correctional supervision, or release; and

B. does not include identification information such as

fingerprint records if such information does not

indicate involvement of the individual with the

criminal justice system.

5. Criminal history record repository.—The term “criminal

history record repository” means the State agency designated by the

Governor or other appropriate executive official or the legislature

of a State to perform centralized recordkeeping functions for

criminal history records and services in the State.

6. Criminal justice.—The term “criminal justice” includes

activities relating to the detection, apprehension, detention,

pretrial release, post-trial release, prosecution, adjudication,

Oklahoma Statutes - Title 74. State Government Page 283

correctional supervision, or rehabilitation of accused persons or

criminal offenders. The administration of criminal justice includes

criminal identification activities and the collection, storage, and

dissemination of criminal history records.

7. Criminal justice agency.—The term “criminal justice agency”—

A. means—

i. courts; and

ii. a governmental agency or any subunit thereof

that—

I. performs the administration of criminal

justice pursuant to a statute or Executive

order; and

II. allocates a substantial part of its annual

budget to the administration of criminal

justice; and

B. includes Federal and State inspectors general offices.

8. Criminal justice services.—The term “criminal justice

services” means services provided by the FBI to criminal justice

agencies in response to a request for information about a particular

individual or as an update to information previously provided for

criminal justice purposes.

9. Criterion offense.—The term “criterion offense” means any

felony or misdemeanor offense not included on the list of nonserious

offenses published periodically by the FBI.

10. Direct access.—The term “direct access” means access to the

National Identification Index by computer terminal or other

automated means not requiring the assistance of or intervention by

any other party or agency.

11. Executive order.—The term “Executive order” means an order

of the President of the United States or the chief executive officer

of a State that has the force of law and that is promulgated in

accordance with applicable law.

12. FBI.—The term “FBI” means the Federal Bureau of

Investigation.

13. Interstate identification system.—The term “Interstate

Identification Index System” or “III System”—

A. means the cooperative Federal-State system for the

exchange of criminal history records; and

B. includes the National Identification Index, the

National Fingerprint File and, to the extent of their

participation in such system, the criminal history

record repositories of the States and the FBI.

14. National fingerprint file.—The term “National Fingerprint

File” means a database of fingerprints, or other uniquely personal

identifying information, relating to an arrested or charged

individual maintained by the FBI to provide positive identification

of record subjects indexed in the III System.

Oklahoma Statutes - Title 74. State Government Page 284

15. National identification index.—The term “National

Identification Index” means an index maintained by the FBI

consisting of names, identifying numbers, and other descriptive

information relating to record subjects about whom there are

criminal history records in the III System.

16. National indices.—The term “National indices” means the

National Identification Index and the National Fingerprint File.

17. Nonparty state.—The term “Nonparty State” means a State

that has not ratified this Compact.

18. Noncriminal justice purposes.—The term “noncriminal justice

purposes” means uses of criminal history records for purposes

authorized by Federal or State law other than purposes relating to

criminal justice activities, including employment suitability,

licensing determinations, immigration and naturalization matters,

and national security clearances.

19. Party state.—The term “Party State” means a State that has

ratified this Compact.

20. Positive identification.—The term “positive identification”

means a determination, based upon a comparison of fingerprints or

other equally reliable biometric identification techniques, that the

subject of a record search is the same person as the subject of a

criminal history record or records indexed in the III System.

Identifications based solely upon a comparison of subjects’ names or

other nonunique identification characteristics or numbers, or

combinations thereof, shall not constitute positive identification.

21. Sealed record information.—The term “sealed record

information” means—

A. with respect to adults, that portion of a record that

is—

i. not available for criminal justice uses;

ii. not supported by fingerprints or other accepted

means of positive identification; or

iii. subject to restrictions on dissemination for

noncriminal justice purposes pursuant to a court

order related to a particular subject or pursuant

to a Federal or State statute that requires

action on a sealing petition filed by a

particular record subject; and

B. with respect to juveniles, whatever each State

determines is a sealed record under its own law and

procedure.

22. State.—The term “State” means any State, territory, or

possession of the United States, the District of Columbia, and the

Commonwealth of Puerto Rico.

ARTICLE II—PURPOSES

The purposes of this Compact are to—

Oklahoma Statutes - Title 74. State Government Page 285

1. Provide a legal framework for the establishment of a

cooperative Federal-State system for the interstate and Federal-

State exchange of criminal history records for noncriminal justice

uses;

2. Require the FBI to permit use of the National Identification

Index and the National Fingerprint File by each Party State, and to

provide, in a timely fashion, Federal and State criminal history

records to requesting States, in accordance with the terms of this

Compact and with rules, procedures, and standards established by the

Council under Article VI;

3. Require Party States to provide information and records for

the National Identification Index and the National Fingerprint File

and to provide criminal history records, in a timely fashion, to

criminal history record repositories of other States and the Federal

Government for noncriminal justice purposes, in accordance with the

terms of this Compact and with rules, procedures, and standards

established by the Council under Article VI;

4. Provide for the establishment of a Council to monitor III

System operations and to prescribe system rules and procedures for

the effective and proper operation of the III System for noncriminal

justice purposes; and

5. Require the FBI and each Party State to adhere to III System

standards concerning record dissemination and use, response times,

system security, data quality, and other duly established standards,

including those that enhance the accuracy and privacy of such

records.

ARTICLE III—RESPONSIBILITIES OF COMPACT PARTIES

a. FBI Responsibilities.—The Director of the FBI shall—

1. appoint an FBI Compact officer who shall—

A. administer this Compact within the Department of

Justice and among Federal agencies and other agencies

and organizations that submit search requests to the

FBI pursuant to Article V(c);

B. ensure that Compact provisions and rules, procedures,

and standards prescribed by the Council under Article

VI are complied with by the Department of Justice and

the Federal agencies and other agencies and

organizations referred to in Article III(1)(A); and

C. regulate the use of records received by means of the

III System from Party States when such records are

supplied by the FBI directly to other Federal

agencies;

2. provide to Federal agencies and to State criminal history

record repositories, criminal history records maintained in its

database for the noncriminal justice purposes described in Article

IV, including—

A. information from Nonparty States; and

Oklahoma Statutes - Title 74. State Government Page 286

B. information from Party States that is available from

the FBI through the III System but is not available

from the Party State through the III System;

3. provide a telecommunications network and maintain

centralized facilities for the exchange of criminal history records

for both criminal justice purposes and the noncriminal justice

purposes described in Article IV, and ensure that the exchange of

such records for criminal justice purposes has priority over

exchange for noncriminal justice purposes; and

4. modify or enter into user agreements with Nonparty State

criminal history record repositories to require them to establish

record request procedures conforming to those prescribed in Article

V.

b. State Responsibilities.—Each Party State shall—

1. appoint a Compact officer who shall—

A. administer this Compact within that State;

B. ensure that Compact provisions and rules, procedures,

and standards established by the Council under Article

VI are complied with in the State; and

C. regulate the in-State use of records received by means

of the III System from the FBI or from other Party

States;

2. establish and maintain a criminal history record repository,

which shall provide—

A. information and records for the National

Identification Index and the National Fingerprint

File; and

B. the State’s III System-indexed criminal history

records for noncriminal justice purposes described in

Article IV;

3. participate in the National Fingerprint File; and

4. provide and maintain telecommunications links and related

equipment necessary to support the services set forth in this

Compact.

c. Compliance With III System Standards.—In carrying out their

responsibilities under this Compact, the FBI and each Party State

shall comply with III System rules, procedures, and standards duly

established by the Council concerning record dissemination and use,

response times, data quality, system security, accuracy, privacy

protection, and other aspects of III System operation.

d. Maintenance of Record Services.—

1. use of the III System for noncriminal justice purposes

authorized in this Compact shall be managed so as not to diminish

the level of services provided in support of criminal justice

purposes.

Oklahoma Statutes - Title 74. State Government Page 287

2. administration of Compact provisions shall not reduce the

level of service available to authorized noncriminal justice users

on the effective date of this Compact.

ARTICLE IV—AUTHORIZED RECORD DISCLOSURES

a. State Criminal History Record Repositories.—To the extent

authorized by Section 552a of Title 5, United States Code (commonly

known as the “Privacy Act of 1974”), the FBI shall provide on

request criminal history records (excluding sealed records) to State

criminal history record repositories for noncriminal justice

purposes allowed by Federal statute, Federal Executive order, or a

State statute that has been approved by the Attorney General and

that authorizes national indices checks.

b. Criminal Justice Agencies and Other Governmental or

Nongovernmental Agencies.—The FBI, to the extent authorized by

Section 552a of Title 5, United States Code (commonly known as the

“Privacy Act of 1974”), and State criminal history record

repositories shall provide criminal history records (excluding

sealed records) to criminal justice agencies and other governmental

or nongovernmental agencies for noncriminal justice purposes allowed

by Federal statute, Federal Executive order, or a State statute that

has been approved by the Attorney General, that authorizes national

indices checks.

c. Procedures.—Any record obtained under this Compact may be

used only for the official purposes for which the record was

requested. Each Compact officer shall establish procedures,

consistent with this Compact, and with rules, procedures, and

standards established by the Council under Article VI, which

procedures shall protect the accuracy and privacy of the records,

and shall—

1. ensure that records obtained under this Compact are used

only by authorized officials for authorized purposes;

2. require that subsequent record checks are requested to

obtain current information whenever a new need arises; and

3. ensure that record entries that may not legally be used for

a particular noncriminal justice purpose are deleted from the

response and, if no information authorized for release remains, an

appropriate “no record” response is communicated to the requesting

official.

ARTICLE V—RECORD REQUEST PROCEDURES

a. Positive Identification.—Subject fingerprints or other

approved forms of positive identification shall be submitted with

all requests for criminal history record checks for noncriminal

justice purposes.

b. Submission of State Requests.—Each request for a criminal

history record check utilizing the national indices made under any

approved State statute shall be submitted through that State’s

criminal history record repository. A State criminal history record

Oklahoma Statutes - Title 74. State Government Page 288

repository shall process an interstate request for noncriminal

justice purposes through the national indices only if such request

is transmitted through another State criminal history record

repository or the FBI.

c. Submission of Federal Requests.—Each request for criminal

history record checks utilizing the national indices made under

Federal authority shall be submitted through the FBI or, if the

State criminal history record repository consents to process

fingerprint submissions, through the criminal history record

repository in the State in which such request originated. Direct

access to the National Identification Index by entities other than

the FBI and State criminal history records repositories shall not be

permitted for noncriminal justice purposes.

d. Fees.—A State criminal history record repository or the FBI-

1. may charge a fee, in accordance with applicable law, for

handling a request involving fingerprint processing for noncriminal

justice purposes; and

2. may not charge a fee for providing criminal history records

in response to an electronic request for a record that does not

involve a request to process fingerprints.

e. Additional Search.—

1. If a State criminal history record repository cannot

positively identify the subject of a record request made for

noncriminal justice purposes, the request, together with

fingerprints or other approved identifying information, shall be

forwarded to the FBI for a search of the national indices.

2. If, with respect to a request forwarded by a State criminal

history record repository under paragraph 1 of this section, the FBI

positively identifies the subject as having a III System-indexed

record or records—

A. the FBI shall so advise the State criminal history

record repository; and

B. the State criminal history record repository shall be

entitled to obtain the additional criminal history

record information from the FBI or other State

criminal history record repositories.

ARTICLE VI—ESTABLISHMENT OF COMPACT COUNCIL

a. Establishment.—

1. In general.—There is established a council to be known as

the “Compact Council”, which shall have the authority to promulgate

rules and procedures governing the use of the III System for

noncriminal justice purposes, not to conflict with FBI

administration of the III System for criminal justice purposes.

2. Organization.—The Council shall—

A. continue in existence as long as this Compact remains

in effect;

Oklahoma Statutes - Title 74. State Government Page 289

B. be located, for administrative purposes, within the

FBI; and

C. be organized and hold its first meeting as soon as

practicable after the effective date of this Compact.

b. Membership.—The Council shall be composed of fifteen (15)

members, each of whom shall be appointed by the Attorney General, as

follows:

1. Nine members, each of whom shall serve a 2-year term, who

shall be selected from among the Compact officers of Party States

based on the recommendation of the Compact officers of all Party

States, except that, in the absence of the requisite number of

Compact officers available to serve, the chief administrators of the

criminal history record repositories of Nonparty States shall be

eligible to serve on an interim basis.

2. Two at-large members, nominated by the Director of the FBI,

each of whom shall serve a 3-year term, of whom-

A. one shall be a representative of the criminal justice

agencies of the Federal Government and may not be an

employee of the FBI; and

B. one shall be a representative of the noncriminal

justice agencies of the Federal Government.

3. Two at-large members, nominated by the Chairman of the

Council, once the Chairman is elected pursuant to Article VI(c),

each of whom shall serve a 3-year term, of whom—

A. one shall be a representative of State or local

criminal justice agencies; and

B. one shall be a representative of State or local

noncriminal justice agencies.

4. One member, who shall serve a 3-year term, and who shall

simultaneously be a member of the FBI’s advisory policy board on

criminal justice information services, nominated by the membership

of that policy board.

5. One member, nominated by the Director of the FBI, who shall

serve a 3-year term, and who shall be an employee of the FBI.

c. Chairman and Vice Chairman.—

1. In general.—From its membership, the Council shall elect a

Chairman and a Vice Chairman of the Council, respectively. Both the

Chairman and Vice Chairman of the Council—

A. shall be a Compact officer, unless there is no Compact

officer on the Council who is willing to serve, in

which case the Chairman may be an at-large member; and

B. shall serve a 2-year term and may be reelected to only

one additional 2-year term.

2. Duties of vice chairman.—The Vice Chairman of the Council

shall serve as the Chairman of the Council in the absence of the

Chairman.

d. Meetings.—

Oklahoma Statutes - Title 74. State Government Page 290

1. In general.—The Council shall meet at least once each year

at the call of the Chairman. Each meeting of the Council shall be

open to the public. The Council shall provide prior public notice

in the Federal Register of each meeting of the Council, including

the matters to be addressed at such meeting.

2. Quorum.—A majority of the Council or any committee of the

Council shall constitute a quorum of the Council or of such

committee, respectively, for the conduct of business. A lesser

number may meet to hold hearings, take testimony, or conduct any

business not requiring a vote.

e. Rules, Procedures, and Standards.—The Council shall make

available for public inspection and copying at the Council office

within the FBI, and shall publish in the Federal Register, any

rules, procedures, or standards established by the Council.

f. Assistance From FBI.—The Council may request from the FBI

such reports, studies, statistics, or other information or materials

as the Council determines to be necessary to enable the Council to

perform its duties under this Compact. The FBI, to the extent

authorized by law, may provide such assistance or information upon

such a request.

g. Committees.—The Chairman may establish committees as

necessary to carry out this Compact and may prescribe their

membership, responsibilities, and duration.

ARTICLE VII—RATIFICATION OF COMPACT

This Compact shall take effect upon being entered into by two or

more States as between those States and the Federal Government.

Upon subsequent entering into this Compact by additional States, it

shall become effective among those States and the Federal Government

and each Party State that has previously ratified it. When

ratified, this Compact shall have the full force and effect of law

within the ratifying jurisdictions. The form of ratification shall

be in accordance with the laws of the executing State.

ARTICLE VIII—MISCELLANEOUS PROVISIONS

a. Relation of Compact to Certain FBI Activities.—

Administration of the Compact shall not interfere with the

management and control of the Director of the FBI over the FBI’s

collection and dissemination of criminal history records and the

advisory function of the FBI’s advisory policy board chartered under

the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes

other than noncriminal justice.

b. No Authority for Nonappropriated Expenditures.—Nothing in

this Compact shall require the FBI to obligate or expend funds

beyond those appropriated to the FBI.

c. Relating to Public Law 92-544.-Nothing in this compact shall

diminish or lessen the obligations, responsibilities, and

authorities of any State, whether a Party State or a Nonparty State,

or of any criminal history record repository or other subdivision or

Oklahoma Statutes - Title 74. State Government Page 291

component thereof, under the Departments of State, Justice, and

Commerce, the Judiciary, and Related Agencies Appropriation Act,

1973 (Public Law 92-544), or regulations and guidelines promulgated

thereunder, including the rules and procedures promulgated by the

Council under Article VI(a), regarding the use and dissemination of

criminal history records and information.

ARTICLE IX—RENUNCIATION

a. In General.—This Compact shall bind each Party State until

renounced by the Party State.

b. Effect.—Any renunciation of this Compact by a Party State

shall—

1. be effected in the same manner by which the Party State

ratified this Compact; and

2. become effective 180 days after written notice of

renunciation is provided by the Party State to each other Party

State and to the Federal Government.

ARTICLE X—SEVERABILITY

The provisions of this Compact shall be severable, and if any

phrase, clause, sentence, or provision of this Compact is declared

to be contrary to the constitution of any participating State, or to

the Constitution of the United States, or the applicability thereof

to any government, agency, person, or circumstance is held invalid,

the validity of the remainder of this Compact and the applicability

thereof to any government, agency, person, or circumstance shall not

be affected thereby. If a portion of this Compact is held contrary

to the constitution of any Party State, all other portions of this

Compact shall remain in full force and effect as to the remaining

Party States and in full force and effect as to the Party State

affected, as to all other provisions.

ARTICLE XI—ADJUDICATION OF DISPUTES

a. In General.—The Council shall—

1. have initial authority to make determinations with respect

to any dispute regarding—

A. interpretation of this Compact;

B. any rule or standard established by the Council

pursuant to Article VI; and

C. any dispute or controversy between any parties to this

Compact; and

2. hold a hearing concerning any dispute described in paragraph

1 at a regularly scheduled meeting of the Council and only render a

decision based upon a majority vote of the members of the Council.

Such decision shall be published pursuant to the requirements of

Article VI(e).

b. Duties of FBI.—The FBI shall exercise immediate and

necessary action to preserve the integrity of the III System,

maintain system policy and standards, protect the accuracy and

Oklahoma Statutes - Title 74. State Government Page 292

privacy of records, and to prevent abuses, until the Council holds a

hearing on such matters.

c. Right of Appeal.—The FBI or a Party State may appeal any

decision of the Council to the Attorney General, and thereafter may

file suit in the appropriate district court of the United States,

which shall have original jurisdiction of all cases or controversies

arising under this Compact. Any suit arising under this Compact and

initiated in a State court shall be removed to the appropriate

district court of the United States in the manner provided by

Section 1446 of Title 28, United States Code, or other statutory

authority.
Okla. Stat. tit. 74, § 74-5079 — OK Code / Title 74 / Section 74-5079
Annual report to Legislature
Status: in_force

On or before December 31 of each year, the Director of the

Oklahoma Department of Commerce shall provide a report to both the

Speaker of the House of Representatives and the President Pro

Tempore of the Senate which shall include, but not be limited to:

1. The number of applications for incubators submitted;

2. The number of applications for incubators approved;

3. The number of incubators created under this act;

4. The number of tenants occupying each incubator;

5. The number of jobs provided by each incubator and tenants of

each incubator; and

6. The number of firms still operating in the state after

ending their tenancy in incubators and the number of jobs they have

provided.
Okla. Stat. tit. 74, § 74-195 — OK Code / Title 74 / Section 74-195
Contracts for incarceration of prisoners
Status: in_force

Any county, city or town is hereby authorized to contract, in

accordance with the Interlocal Cooperation Act, with any other

county, city or town for incarceration of prisoners awaiting trial

or serving a sentence, so long as the jail facility where said

prisoners are to be held is in compliance with the standards

established by this act.
Okla. Stat. tit. 74, § 74-2102 — OK Code / Title 74 / Section 74-2102
Purposes of act
Status: in_force

The purposes of the Export Trading Company Act shall be:

1. to provide an incentive for creating new companies and

transactions to export Oklahoma goods and services to foreign

markets; and

2. to promote, encourage and advance economic prosperity and

employment throughout the state by fostering the expansion of

exports of Oklahoma manufactured goods and services to foreign

purchasers; and

3. to create a more favorable regulatory and tax climate for

businesses which qualify as export trading companies in Oklahoma.
Okla. Stat. tit. 74, § 74-5063.4g — OK Code / Title 74 / Section 74-5063.4g
Provisions not applicable to certain Credit
Status: in_force

Enhancement Reserve Fund applications - Validation.

The provisions of Section 5062.6a, subsection B of Section

5063.3 and Sections 5063.4a through 5063.4f of this title shall not

apply to Credit Enhancement Reserve Fund applications approved by

the Bond Oversight Commissions prior to June 9, 1990, and such

previously approved applications are confirmed, validated and

ratified.Oklahoma Statutes - Title 74. State Government Page 45
Okla. Stat. tit. 74, § 74-9030.6 — OK Code / Title 74 / Section 74-9030.6
Commissioning of Art in Public Places Revolving Fund
Status: in_force

A. 1. There is hereby created in the State Treasury a

revolving fund for the Oklahoma Arts Council to be designated the

"Commissioning of Art in Public Places Revolving Fund". The fund

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

and shall consist of all monies received by the Council from the

sources provided for in Section 9030.5 of this title.

2. The Council shall establish a separate subaccount for each

project. Monies in these subaccounts may be used to match monies

from other private and public sources for commissioning art in

accordance with the Oklahoma Art in Public Places Act.

3. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Oklahoma Arts

Council for the commissioning of art and insurance for the art in

accordance with the Oklahoma Art in Public Places Act.

4. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

B. If there are monies from a project for the commissioning of

art not spent, those monies may be pooled in the fund for the

commissioning of art in, on, or near other state buildings.
Okla. Stat. tit. 74, § 74-110.5 — OK Code / Title 74 / Section 74-110.5
Jim Thorpe Repair Expenditure Oversight Committee
Status: in_force

A. There is hereby continued a Jim Thorpe Repair Expenditure

Oversight Committee originally created in Section 382 of Title 73 of

the Oklahoma Statutes. The authorized distributions from the Legacy

Capital Financing Fund as described in Enrolled House Bill No. 1011

of the 1st Extraordinary Session of the 59th Oklahoma Legislature

that are needed for repairs to the interior and exterior of the Jim

Thorpe Office Building shall be subject to the approval of the Jim

Thorpe Repair Expenditure Oversight Committee; provided, however,

the expenditure of those proceeds shall be subject to a Request for

Proposal process.

The Committee shall be composed of nine (9) members as follows:

1. Three persons to be appointed by the Governor, one of whom

shall serve as chair of the Committee;

2. Three legislators to be appointed by the Speaker of the

Oklahoma House of Representatives, two of whom shall be members of

the majority political party and one of whom shall be a member of

the minority political party; and

Oklahoma Statutes - Title 74. State Government Page 248

3. Three legislators to be appointed by the President Pro

Tempore of the Oklahoma State Senate, two of whom shall be members

of the majority political party and one of whom shall be a member of

the minority political party. Five members of the Committee shall

constitute a quorum and the vote of five members shall be necessary

for any action taken by the Committee. The Committee shall be

staffed by employees of the Office of Management and Enterprise

Services. The Committee shall be subject to the Oklahoma Open

Meeting Act.

B. The Committee shall deliver a preliminary plan for the

renovation, repair, and remodeling of the Jim Thorpe Office Building

to the Director of the Office of Management and Enterprise Services

no later than December 31, 2022. The preliminary plan shall include

the following components:

1. Establishment of the Office of Management and Enterprise

Services' goal and criteria for use by the vendor; and

2. Selection criteria for the design-build team vendor to be

selected through a Request for Proposal process.

C. Following receipt of the preliminary plan as approved by the

Committee, the Office of Management and Enterprise Services shall

solicit Requests for Proposals to select the vendor for the project.

D. The Committee shall deliver a final plan to the Director of

the Office of Management and Enterprise Services no later than June

30, 2023. The final plan shall include the following components:

1. Approval of the final scope of work developed by the vendor;

and

2. Approval of the project phasing developed by the vendor.

E. Following delivery of the final plan, the Committee shall

continue to oversee the expenditure of proceeds from the sale of

obligations issued pursuant to the provisions of this section until

completion of the renovation, repair, and remodeling of the Jim

Thorpe Office Building. The Committee may also propose and approve

amendments to the plan as it deems appropriate.

F. The Director of the Office of Management and Enterprise

Services shall have responsibility to substantially implement the

plan as presented by the Committee.

G. The continuation of the Committee, as provided in this act,

shall be interpreted to result in no disruption to the current

operations and structure of the Committee.
Okla. Stat. tit. 74, § 74-5103 — OK Code / Title 74 / Section 74-5103
Pooling issuer - Authority
Status: in_force

A pooling issuer is authorized to:

1. Issue a debt obligation which pools issuances of other

public entities authorized by a municipality, town or county to

issue tax apportionment or tax increment bonds, notes, or other

forms of obligations pursuant to the Local Development Act; and

2. Attract private investment into the pooled issuance by

either the direct investment of funds or by providing a guarantee

for debt service for the purpose of implementing the Local

Development Financing Act.
Okla. Stat. tit. 74, § 74-2219 — OK Code / Title 74 / Section 74-2219
Oil and gas leases - Mining leases - Sale and execution
Status: in_force

A. The Commission may offer for sale, sell and execute oil and

gas leases, and other mineral and mining leases, on any of the lands

of the state under the control and supervision of the Commission,

provided, the development of land for the purpose leased shall not

unduly interfere with the purpose for which the land is being used

by the state.

B. The Commission may promulgate additional rules, as are

necessary and for the best interest of the state to facilitate the

sale of the leases. The Chair of the Commission shall execute the

leases for and on behalf of the Commission, and the Chair shall be

liable on the official bond for failure to faithfully discharge such

Oklahoma Statutes - Title 74. State Government Page 892

duties. The sale of leases shall be made upon the basis of a

retained royalty of not less than one-eighth (1/8) of all oil, gas,

casinghead gas, and other minerals produced from the lands covered

by the leases and any additional cash bonus procured. Provided,

however, if the state owns less than one hundred percent (100%) of

the oil, gas, casinghead gas and other minerals covered by any such

lease, the royalty retained shall not be less than one-eighth (1/8)

of the mineral interest.

C. All leases shall contain a provision that in the event of

the discovery of natural gas, the gas shall be furnished free of

charge to any state institution now or hereafter located upon the

lands covered by the lease. Leases shall be sold only after

advertisement for a period of three (3) weeks in a legal newspaper

published and of general circulation in the county in which the

lands are located. A sale shall be made to the highest and best

bidder and all bids shall be in sealed envelopes which shall be

opened and considered at the same time. The Commission may reject

any and all bids and readvertise any leases for sale.

D. Revenues derived from the sale of oil and gas leases and

other mineral leases shall be dedicated to the improvement of state

park facilities and property to include, but not limited to, the

conservation, protection, and rehabilitation of state parkland, the

preservation of historic properties under the jurisdiction of the

Commission, and master planning of state park properties.
Okla. Stat. tit. 74, § 74-4119 — OK Code / Title 74 / Section 74-4119
Awards exempt from retirement contributions – Funding
Status: in_force

source.

Incentive pay awards provided pursuant to the provisions of the

Incentive Awards for State Employees Act shall be exempt from

retirement contributions and shall not be included for the purpose

of computing a retirement allowance pursuant to any public

retirement system of this state. Funds for this incentive pay shall

be drawn from the operating expenses of the agency, department,

commission, or office for the eligible fiscal year.
Okla. Stat. tit. 74, § 74-18p-3 — OK Code / Title 74 / Section 74-18p-3
Contracts for shelter and services - Disclosure of case
Status: in_force

records, shelter locations or board member information.

A. The Attorney General is hereby authorized and directed to

enter into agreements and to contract for the shelter and other

services that are needed for victims of domestic abuse, sexual

assault or batterers intervention programs. Any domestic violence,

sexual assault or batterers intervention program providing services

pursuant to certification by the Attorney General or a contract or

subcontract with the Attorney General and receiving funds from the

Attorney General or any contractor with the Attorney General shall

be subject to the provisions of the administrative rules of the

Attorney General.

B. 1. Except as otherwise provided by paragraph 3 of this

subsection, the case records, case files, case notes, client

records, or similar records of a domestic violence or sexual assault

program certified by the Attorney General or of any employee or

trained volunteer of a program regarding an individual who is

residing or has resided in such program or who has otherwise

utilized or is utilizing the services of any domestic violence or

sexual assault program or counselor shall be confidential and shall

not be disclosed.

2. For purposes of this subsection, the term "client records"

shall include, but not be limited to, all communications, records,

and information regarding clients of domestic violence and sexual

assault programs.

3. The case records, case files, or case notes of programs

specified in paragraph 1 of this subsection shall be confidential

and shall not be disclosed except with the written consent of the

individual, or in the case of the individual’s death or disability,

of the individual’s personal representative or other person

authorized to sue on the individual’s behalf or by court order for

good cause shown by the judge in camera.

C. The district court shall not order the disclosure of the

address of a domestic violence shelter, the location of any person

seeking or receiving services from a domestic violence or sexual

Oklahoma Statutes - Title 74. State Government Page 73

assault program, or any other information which is required to be

kept confidential pursuant to subsection B of this section.

D. The home address, personal telephone numbers and social

security number of board members, staff and volunteers of certified

domestic violence and sexual assault programs shall not be construed

to be open records pursuant to the Oklahoma Open Records Act.