Okla. Stat. tit. 74, § 74-324.13 — OK Code / Title 74 / Section 74-324.13
Administrative procedures
Status: in_force

The Fire Marshal Commission and the State Fire Marshal shall be

subject to the provisions of the Administrative Procedures Act,

Section 250 et seq. of Title 75 of the Oklahoma Statutes.
Okla. Stat. tit. 74, § 74-9.2 — OK Code / Title 74 / Section 74-9.2
SECTION 74-9.2 Other necessary committees - Expenses
Status: in_force

In the event the United States of America becomes actually at

war with any foreign power, or to cooperate with the National

Defense Program, the Governor may, if necessity demands, appoint

committees as the need may arise to deal with defense problems

affecting this state and may pay the expenses of same out of any

contingency fund appropriated for the use of the Governor.
Okla. Stat. tit. 74, § 74-6106 — OK Code / Title 74 / Section 74-6106
Text of compact
Status: in_force

TEXT OF COMPACT

The Red River Boundary Compact reads as follows:

RED RIVER BOUNDARY COMPACT

ARTICLE I. PURPOSE

A. The States of Oklahoma and Texas recognize that:

1. There are actual and potential disputes, controversies,

criminal proceedings, and litigation arising, or that may arise, out

of the location of the boundary line between the states along the

Red River;

2. The south bank of the Red River is the boundary between the

states along the Red River;

3. The boundary between the states changes as a result of the

natural action of the river and, because of those changes and the

nature of the land, the south bank of the river is often not readily

or easily identified;

4. While the south bank, at any given time, may be located

through expensive and time-consuming survey techniques, such surveys

can, at best, identify the south bank only as it exists at the time

of the survey;

5. Locating the south bank through survey techniques is of

minimal aid when agencies of the party states must locate the state

boundary line for law enforcement, administrative and taxation

purposes; and

6. The interests of the party states are better served by

establishing the boundary between the states through use of a

readily identifiable natural landmark than through use of an

artificial survey line.

B. It is the principal purpose of the party states in entering

into this compact to establish an identifiable boundary between the

Oklahoma Statutes - Title 74. State Government Page 1198

states of Oklahoma and Texas along the Red River as of the effective

date of this compact without changing title of any person or entity,

public or private, to land adjacent to the Red River. In addition,

this compact serves the compelling purposes of:

1. Creation of a friendly and harmonious interstate

relationship;

2. Avoidance of multiple exercise of sovereignty and

jurisdiction, including matters of taxation, judicial and police

powers, and exercise of administrative authority;

3. Avoidance of lack of exercise of sovereignty and

jurisdiction over any lands along the boundary;

4. Avoidance of questions of venue in civil and criminal

proceedings that may arise as a result of incidents along the

boundary and avoidance or minimization of future disputes and

litigation;

5. Promotion of economic and political stability; and

6. Placement of the boundary at a location that can be visually

identified or located without the necessity of a current survey and

that is close to the historical boundary location.

ARTICLE II. ESTABLISHMENT OF BOUNDARY

A. As used in this article:

1. “Vegetation” means trees, shrubs, grasses, and other plant

species that substantially cover the ground. Whether the vegetation

substantially covers the ground is determined by reference to the

density of the coverage of the ground by trees, shrubs, grasses, and

other plant species in the area adjacent to the relevant portion of

the riverbed; and

2. “Vegetation line” means the visually identifiable continuous

line of vegetation that is adjacent to that portion of the riverbed

kept practically bare of vegetation by the natural flow of the river

and is continuous with the vegetation beyond the riverbed. Stray

vegetation, patches of vegetation, or islands of vegetation within

the riverbed that do not form such a line are not considered part of

the vegetation line. Where the riverbed is entered by the inflow of

another watercourse or is otherwise interrupted or disturbed by a

man-made event, the line constituting the boundary is an artificial

line formed by extending the vegetation line above and below the

other watercourse or interrupted or disturbed area to connect and

cross the watercourse or area.

B. The permanent political boundary line between the states of

Oklahoma and Texas along the Red River is the vegetation line along

the south bank of the Red River except for the Texoma area, where

the boundary does not change. For purposes of this compact:

1. The Texoma area extends from the east bank of Shawnee Creek

(which flows into the Red River from the south approximately one-

half (1/2) mile below the Denison Dam) at its mouth to the upper end

Oklahoma Statutes - Title 74. State Government Page 1199

of the normal pool elevation of Lake Texoma (which is six hundred

seventeen (617) feet); and

2. The upper end of the normal pool elevation of Lake Texoma is

along the latitude of 33 degrees 54 minutes as it crosses the

watercourse at the approximate location of longitude 96 degrees 59

minutes.

C. The party states agree that the existing boundary within the

Texoma area begins at the intersection of the vegetation line on the

south bank of the Red River with the east bank of Shawnee Creek.

From this point, the boundary extends west along the south bank of

the Red River. From Shawnee Creek to Denison Dam, this boundary

line is within the current channel of the Red River. The boundary

line from Shawnee Creek to the Denison Dam may be established using

the Lake Texoma Fishing and Boating Map, No. A353, published by “FHS

Maps” , containing acknowledgments for the data source to the United

TM

States Geological Survey and the U.S. Army Corps of Engineers,

hereinafter referred to as “Reference Map”. From the east bank of

Shawnee Creek to the base of the Denison Dam, the boundary between

the State of Oklahoma and the State of Texas may be the line which

is depicted by the Reference Map as an extension of a black dashed

line comprised of the following repeating characters (“-..-”) east

from the body of Lake Texoma across the depiction of the Denison

Dam, thence continuing eastward until the line connects to a point

at the intersection of the east bank of Shawnee Creek and the south

bank of the Red River. Within Lake Texoma, this boundary line

follows the south bank of the Red River as the bank was located and

marked by the United States Army Corps of Engineers.

D. Within one (1) year after the date the United States

Congress consents to this compact, the Commissioner of the General

Land Office of Texas and a designated member of the Oklahoma Red

River Boundary Commission, as chosen by the Commission, shall:

1. Locate the boundary line within the Texoma area as described

by subsection C of this article, using the survey that the United

States Army Corps of Engineers prepared in connection with the

construction of Lake Texoma and any other surveys, historical maps,

or other information that may be available;

2. Prepare a map of the boundary line; and

3. Prepare a document styled “Lake Texoma Area Boundary

Agreement”, which shall incorporate by reference and have attached

as an exhibit a map of the boundary in the Lake Texoma area. Upon

agreement, signature and acknowledgment by both persons, the “Lake

Texoma Area Boundary Agreement” shall have the legal effect of

establishing the boundary within the Lake Texoma area. The “Lake

Texoma Area Boundary Agreement”, when adopted pursuant to a

resolution of the Contingency Review Board acting on behalf of the

State of Oklahoma and when adopted pursuant to the applicable

requirements of laws of the State of Texas, shall amend the

Oklahoma Statutes - Title 74. State Government Page 1200

provisions of the Red River Boundary Compact and constitute part of

the terms of the Red River Boundary Compact. The governors of the

respective party states shall file the “Lake Texoma Area Boundary

Agreement” in the state library and archives of each party state and

with the Oklahoma Secretary of State.

E. Within one (1) year after the date the “Lake Texoma Area

Boundary Agreement” is filed under paragraph 3 of subsection D of

this article, there shall be a permanently marked boundary line

within the Texoma area as shown on the map constituting the exhibit

to the “Lake Texoma Area Boundary Agreement”. The boundary line

shall be maintained with markers annually, or more frequently if

necessary subject to any requirement or restriction of law or

resulting from a judgment of a court of competent jurisdiction.

F. The party states may:

1. Agree to equally share the cost of monumenting and

maintaining the lines demarking both the boundary within the Texoma

area and the upper limit of the normal pool elevation in a manner

designed to make the boundary readily identifiable to the using

public; or

2. Seek funding from other sources for monumenting and

maintaining the lines.

G. Should there be a change in the watercourse of the Red

River, the party states recognize the rules of accretion, erosion,

and avulsion. The states agree that accretion or erosion may cause

a change in the boundary between the states if it causes a change in

the vegetation line. With regard to avulsion, the states agree that

a change in the course of the Red River caused by an immediately

perceivable natural event that changes the vegetation line will

change the location of the boundary between the states.

ARTICLE III. SOVEREIGNTY

On the effective date of this compact, the party states agree

that the State of Oklahoma possesses sovereignty over all lands

north of the boundary line established by this compact and that the

State of Texas possesses sovereignty over all lands south of the

boundary line established by this compact. This compact does not

change or affect in any manner the sovereign rights of federally

recognized Indian tribes over tribal lands on either side of the

boundary line established by this compact. Tribal sovereignty

rights continue to be established and defined by controlling federal

law.

ARTICLE IV. PENDING LITIGATION

This compact does not affect the jurisdiction of any litigation

concerning the title to any of the lands bordering the Red River

pending in the courts of either of the party states or the United

States as of the effective date of this compact. The states intend

that such litigation, if any, continue in the trial and appellate

Oklahoma Statutes - Title 74. State Government Page 1201

courts of the jurisdiction where pending, until the litigation is

finally determined.

ARTICLE V. PUBLIC RECORDS

A. All public records in either party state concerning any

lands the sovereignty over which is changed by this compact are

accepted as evidence of record title to such lands, to and including

the effective date of this compact, by the courts of the other state

and the federal courts.

B. As to lands the sovereignty over which is changed by this

compact, the recording officials of the counties of each party state

shall accept for filing certified copies of documents of title

previously filed in the other state and documents of title using

legal descriptions derived from the land descriptions of the other

state. The acceptance of a document for filing has no bearing on

its legal effect or sufficiency. The legal sufficiency of a

document’s form, execution, and acknowledgments and the document’s

ability to convey or otherwise affect title, are determined by the

document itself and the real estate laws of the jurisdiction in

which the land was located at the time the document was executed or

took effect.

ARTICLE VI. TAXES

A. Except as provided by subsections B and C of this article,

the lands the sovereignty over which is changed by this compact are,

after the effective date of this compact, subject to taxation only

by the state gaining sovereignty over the lands by this compact.

B. Taxes for the year of adoption of this compact for property

the jurisdiction over which is changed by this compact may be

lawfully imposed only by the state in which the property was located

on January 1 of the year of adoption of this compact. The taxes for

the year of adoption may be levied and collected by that state or

its authorized governmental subdivisions or agencies, and any liens

or other rights accrued or accruing, including the right of

collection, are fully recognized, except that all liens or other

rights arising out of the imposition of those taxes must be claimed

or asserted within five (5) years after this compact takes effect or

they are barred.

C. The party states recognize that the boundary between the

states will change from time to time as a result of the natural

actions of accretion, erosion, and avulsion and agree that for years

subsequent to the year of adoption of this compact, the state within

which lands adjoining the boundary line are located on January 1 of

each year has the right to levy and collect taxes for the entire

ensuing year.

D. All taxes currently assessed by governmental entities in

each party state as to lands that border or cross the boundary line

established by this compact are presumed to be correct as to acreage

within the particular jurisdiction, absent competent proof to the

Oklahoma Statutes - Title 74. State Government Page 1202

contrary presented in writing by the property owner or owners to the

appropriate taxing agencies. All such proof must be presented to

the appropriate taxing agencies before May 1 of the year following

the year in which this compact takes effect. In subsequent years it

is presumed that the acreage taxed in each jurisdiction for the

previous year was correct unless evidence of change is furnished to

or obtained by the various taxing agencies under rules and

regulations adopted by those taxing agencies.

ARTICLE VII. PROPERTY AND WATER RIGHTS

This compact does not change:

1. The title of any person or entity, public or private, to any

of the lands adjacent to the Red River;

2. The rights, including riparian rights, if any, of any person

or entity, public or private, that exist as a result of the person’s

or entity’s title to lands adjacent to the Red River; or

3. The boundaries of those lands.

ARTICLE VIII. EFFECTIVE DATE

This compact takes effect when enacted by the states of Oklahoma

and Texas and consented to by the United States Congress.

ARTICLE IX. ENFORCEMENT

A. This compact does not limit or prevent either party state

from instituting or maintaining any action or proceeding, legal or

equitable, in any court having jurisdiction, for the protection of

any right under this compact or the enforcement of any of its

provisions.

B. This compact is not binding or obligatory on either party

state unless and until it has been enacted by both states and

consented to by the United States Congress. Notice of enactment of

this compact by each state shall be given by the Governor of that

state to the Governor of the other state and to the President of the

United States. The president is requested to give notice to the

governors of the party states of the consent to this compact by the

United States Congress.

ARTICLE X. AMENDMENTS

This compact remains in full force and effect unless amended in

the same manner as it was created.
Okla. Stat. tit. 74, § 74-1843 — OK Code / Title 74 / Section 74-1843
Renumbered as § 3315.2 of this title by Laws 2002, c
Status: in_force

199, § 5, emerg. eff. May 6, 2002.
Okla. Stat. tit. 74, § 74-1314.3 — OK Code / Title 74 / Section 74-1314.3
Supplemental benefits - Transfer to State Plan -
Status: in_force

Employer contributions - Preexisting conditions - Satisfaction of

deductible - Dental and life insurance plans.

(1) All otherwise eligible employees hired by the Oklahoma

Employment Security Commission after May 30, 1990, shall participate

in the state plan and shall not be entitled to the supplemental

health insurance for which provision is made in the Oklahoma

Employees Insurance and Benefits Act nor to any other Commission

benefit plan not generally available to state employees, and no

other provisions of this act shall apply to such future hirees.

(2) All otherwise eligible Commission employees not

participating in the agency plan as of May 30, 1990, shall be

enrolled in the state plan on July 1, 1990. Said nonparticipating

Commission employees shall not be entitled to the supplemental

health insurance for which provision is made in this act.

(3) All Commission employees, retirees and dependents

participating in the agency plan as of May 30, 1990, shall be

permitted to transfer to the state plan and receive the supplemental

insurance benefits for which provision is made in Section 1314.4 of

this title at such time as the supplemental insurance is available.

If not sooner transferred, all agency plan participants shall be

transferred to the state plan on January 1, 1991. Such mandatory

transfer shall occur simultaneously with any cancellation by the

insurance provider of the agency plan, occurring prior to January 1,

1991.

(4) All Commission employees, retirees and dependents enrolling

in or transferring to the state plan under the provisions of this

section shall be given the opportunity to participate in all options

under the state plan at the time of their enrollment or transfer.

(5) For active employees of the Commission, the Commission

shall pay the same monthly premium toward employee-only coverage as

that set by the Oklahoma Health Care Authority and approved by the

Office of Management and Enterprise Services and paid by the other

state agencies participating in the state health insurance program.

For retirees of the Commission who retired pursuant to the

provisions of the Oklahoma Public Employees Retirement System, the

Oklahoma Public Employees Retirement System shall pay the same

monthly contribution towards premiums for regular or Medicare

supplement health insurance coverage for those retirees as the

amount paid towards the premiums for the Oklahoma Public Employees

Oklahoma Statutes - Title 74. State Government Page 805

Retirement System retirees from other agencies. For retirees of the

Commission who retired under the provisions of another retirement

plan, the Commission shall pay the same monthly contribution towards

premiums for regular or Medicare supplement health insurance

coverage for those retirees as the amount paid towards premiums by

the Oklahoma Public Employees Retirement System for retirees of

other state agencies.

(6) Except as provided in this subsection, employees and

retirees of the Commission, and their dependents, shall be covered

under the dental and life insurance plans provided by the Oklahoma

Health Care Authority pursuant to the same provisions and premiums

as apply to the employees and retirees of other state agencies.

Employees and retirees may elect to keep their present agency

offered life insurance, in addition to the state life insurance.

Any employee who elects to keep their agency offered life insurance

shall pay the premium for the life insurance provided pursuant to

the Oklahoma Employees Insurance and Benefits Act. Any Commission

retiree who elects to participate in the life insurance program

provided pursuant to the Oklahoma Employees Insurance and Benefits

Act shall pay the premium for such coverage.

(7) In the event that the agency offered life insurance plan is

canceled by the insurer offering it, the Commission shall contract

with the Authority for replacement coverage equal to that lost by

said cancellation. The Authority is expressly authorized and

directed to enter into such a contract. The Commission and the

participants shall pay the full actuarial costs and all reasonable

administrative costs for such coverage. Said actuarial and

administrative costs shall be divided between the Commission and the

participants in the same ratio as premiums are now divided for the

agency offered life insurance. The Authority shall maintain

separate reserves for said coverage. On January 1, 2005, the

Commission shall convert the agency offered life insurance to the

life insurance plans provided by the Authority pursuant to the same

provisions and premiums as apply to the employees and retirees of

other state agencies. The Commission may offer eligible employees

an opportunity to voluntarily relinquish their agency life insurance

upon a payment to the eligible employee, provided funds exist to do

so.
Okla. Stat. tit. 74, § 74-1731 — OK Code / Title 74 / Section 74-1731
Short title
Status: in_force

This act shall be known and may be cited as the “Financial

Reimbursement for Educational Expenses Act of 2007”.
Okla. Stat. tit. 74, § 74-5040.4 — OK Code / Title 74 / Section 74-5040.4
Prescription assistance for medically indigent residents – Service agencies –
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 42residents – Service agencies – Requirements – Eligibility – Annual

report.

A. The State Department of Health shall establish, through a

competitive bid process, a statewide program to assist medically

indigent residents of Oklahoma to receive prescriptions from drug

manufacturer assistance programs.

B. Agencies including, but not limited to, the following shall

be encouraged by the Department to submit bids:

1. County offices of the Department of Human Services;

2. County health departments;

3. Community action agencies designated by the Oklahoma

Department of Commerce pursuant to Section 5038 of this title;

4. Community mental health centers;

5. Private nonprofit agencies; and

6. Public entities engaged in the delivery of social services.

C. Agencies selected by the Department to provide services

pursuant to the Rx for Oklahoma Act shall, at a minimum, demonstrate

their ability to:

1. Deliver services in a community or geographic area of the

state that is not currently receiving services pursuant to the Rx

for Oklahoma Act;

2. Maintain a dedicated telephone line and computer with

Internet access with appropriate software during normal business

hours; and

Oklahoma Statutes - Title 74. State Government Page 1059

3. Have staff or volunteers available who can:

a. develop and implement community awareness initiatives

about the prescription assistance services offered by

the agency,

b. determine whether a pharmaceutical program is offered

for the drug or drugs a person needs,

c. determine whether a person is eligible for assistance

through a pharmaceutical program,

d. assist a person to make application to and enroll in a

pharmaceutical assistance program,

e. keep accurate records of the number of clients served,

f. maintain the confidentiality of all client information

including, but not limited to, the client’s identity,

application information and other records, and

g. estimate the value of prescriptions provided to

clients under the program.

D. Eligibility for the Rx for Oklahoma Act shall be residents

of Oklahoma who:

1. Are medically indigent; or

2. Are not medically indigent but cannot reasonably afford to

pay for prescription medications.

E. The State Department of Health shall promulgate rules or

establish procedures necessary to implement the program established

by the Rx for Oklahoma Act and shall submit an annual report to the

Legislature and the Governor no later than January 1 of each year.

The report shall include, but not be limited to, the following:

1. A listing of entities awarded grants and the amount of each

award;

2. The number of residents served who were eligible for a drug

manufacturer assistance program and the average amount of savings

per resident;

3. The number of residents who sought assistance pursuant to

the Rx for Oklahoma Act, but were determined not to be eligible for

a drug manufacturer assistance program; and

4. A report by the Department of total expenditures. Included

within the report shall be a summary of each grantee’s

administrative, personnel, and direct services expenditures by

category relative to the grantee’s administration of the program.
Okla. Stat. tit. 74, § 74-5063.14 — OK Code / Title 74 / Section 74-5063.14
Signing bond - Seal - Delivery
Status: in_force

Each bond shall be signed by the facsimile signatures of the

chairman of the board of directors of the Oklahoma Development

Finance Authority and the Secretary of the board of the Authority,

and shall have affixed or imprinted thereon the seal of the

Authority. Delivery of the bonds so executed shall be valid,

notwithstanding any change in persons holding such offices occurring

after the bonds have been executed.
Okla. Stat. tit. 74, § 74-1308.3 — OK Code / Title 74 / Section 74-1308.3
Basic health plan – Opting out
Status: in_force

Any active employee eligible to participate or who is a

participant may opt out of the state's basic plan as outlined in

Sections 1370 and 1371 of this title, or may opt out of the health

and dental basic plan options only, and retain the life and

disability plan benefits, provided that the participant is currently

covered by a separate health insurance plan or will be covered by a

separate health insurance plan at or before the beginning of the

next plan year. Any active employee eligible to participate or who

is a participant opting out of coverage pursuant to this section

shall provide proof of the separate health insurance plan

participation and sign an affidavit attesting that the participant

is currently covered and does not require state-provided health

insurance each plan year. Any active employee opting out of the

state's basic plan or the health and dental basic plan options

pursuant to this section shall receive One Hundred Fifty Dollars

($150.00) in lieu of the flexible benefit amount the employee would

be otherwise eligible to receive. Any savings realized by the state

Oklahoma Statutes - Title 74. State Government Page 798

as a result of a participant opting out of health insurance plan

coverage shall be retained by the state.
Okla. Stat. tit. 74, § 74-6 — OK Code / Title 74 / Section 74-6
May employ counsel for State
Status: in_force

The Governor shall have power to employ counsel to protect the

rights or interests of the state in any action or proceeding, civil

or criminal, which has been, or is about to be commenced, and the

counsel so employed by him may, under the direction of the Governor,

plead in any cause, matter, or proceeding in which the state is

interested or a party, may prosecute offenses against the law of the

state, and may institute and conduct proceedings before grand

juries; provided, that nothing herein contained shall limit the

power of courts of record to appoint an attorney to prosecute

criminal actions in such courts when the district attorney is

disqualified or unable to act.
Okla. Stat. tit. 74, § 74-1307 — OK Code / Title 74 / Section 74-1307
Specifications - Limitations on benefits - Exceptions
Status: in_force

A. The specifications drawn by the Oklahoma Health Care

Authority for the health insurance plan shall provide for

comprehensive hospital medical and surgical benefits. The health

insurance plan may limit coverage for a particular illness, disease,

injury or condition; but, except for such limits, shall not exclude

or limit particular services or procedures that can be provided for

the diagnosis and treatment of an illness, disease, injury or

condition, so long as the services and procedures provided are of

sound efficacy, are medically necessary, and fall within the

licensed scope of practice of the practitioner providing same. The

health insurance plan may contract with providers for specific

services based on levels of outcomes defined by the Authority and

achieved by the provider. The health insurance plan may provide for

the application of deductibles and copayment or coinsurance

provisions that are based on contracts with providers for specific

services based on levels of outcomes or cost.

B. The life insurance plan shall include Accidental Death and

Dismemberment Benefits and additional optional life insurance

coverage.
Okla. Stat. tit. 74, § 74-1734 — OK Code / Title 74 / Section 74-1734
Reimbursement due to termination of service or fewer than
Status: in_force

required hours of service.

If an eligible employee on whose behalf payment has been made

pursuant to Section 4 of this act terminates service with the payor

agency prior to the expiration of the required payback period, the

employee shall be required to reimburse the agency for the amount of

the qualified education loan expense. If the employee performs less

than the number of hours of service required for the full amount of

the expense paid, the agency shall be reimbursed on a pro rata basis

based upon the actual number of hours of service performed by the

employee.
Okla. Stat. tit. 74, § 74-5062.6 — OK Code / Title 74 / Section 74-5062.6
Oklahoma Development Finance Authority and Oklahoma
Status: in_force

Industrial Finance Authority.

A. Upon certification by the Governor of a public trust as

qualifying to become the Oklahoma Development Finance Authority, the

board of trustees of such trust shall become the governing board of

the Oklahoma Development Finance Authority with the addition of two

(2) other persons. From and after the effective date of this act,

the Governor, the board of directors of the Oklahoma Development

Finance Authority and the board of directors of the Oklahoma

Industrial Finance Authority, governed by Section 851 of this title,

shall begin the consolidation of the membership of the boards of

both authorities. The Oklahoma Development Finance Authority is

authorized to amend its trust indenture, to provide that its board

shall be composed of the members of the board of directors of the

Oklahoma Industrial Finance Authority except for the State Treasurer

of Oklahoma and to provide that the terms of office of the board of

directors of the Oklahoma Development Finance Authority shall be

identical to the terms of the Oklahoma Industrial Finance Authority.

Any director of the Oklahoma Development Finance Authority who is in

office upon the effective date of this act, and who is not also at

that time a member of the board of directors of the Oklahoma

Industrial Finance Authority, shall finish the term for which he or

she was appointed. Upon the end of such a director’s term, or upon

such a director vacating his or her office, the Governor shall

appoint a member of the board of directors of the Oklahoma

Oklahoma Statutes - Title 74. State Government Page 1113

Industrial Finance Authority to fill the vacancy, or to the new

term. The qualifications for the board of directors of the Oklahoma

Development Finance Authority shall be identical to the

qualifications for the board of directors of the Oklahoma Industrial

Finance Authority. As soon as the two boards of directors of each

authority are composed of the same members, the boards shall be

considered as consolidated. From and after that consolidation,

persons appointed to the board of directors of the Oklahoma

Industrial Finance Authority shall also become directors of the

Oklahoma Development Finance Authority. Even though the membership

of each board shall be identical, the authorities shall be

considered and treated as separate legal entities. The funds of

each authority shall not be commingled and shall be separately

accounted for. This consolidation of board membership shall not be

construed as effecting a merger of estates or otherwise be construed

to terminate the trust status of the Oklahoma Development Finance

Authority. The Oklahoma Development Finance Authority shall

continue to exist as a public trust, created under the Oklahoma

Public Trust Act. The S.S.C. Development Authority is hereby

authorized to amend its trust indenture to permit the members of the

Oklahoma Industrial Finance Authority to become the governing board

of such trust. Any such amendment shall not affect the separate

legal status of such trust. The governing and administrative powers

of the Oklahoma Development Finance Authority shall be vested in the

governing board as provided by this section.

B. Each appointive member may receive reimbursement for

expenses pursuant to the provisions of the State Travel

Reimbursement Act. In addition, each appointive member shall

receive a monthly stipend of Three Hundred Dollars ($300.00) if,

during the month, the member attended a meeting of the board of

directors at which a quorum was present. Provided, a member who is

also to receive a stipend for attending, during said month, a board

meeting of the Oklahoma Industrial Finance Authority shall not

receive a stipend pursuant to this subsection for said month except

to the extent that payment to the member may be divided between the

two boards in proportion to the service rendered by the member to

each board.

C. Members shall annually elect from among the membership a

chair, vice-chair, secretary and treasurer, and may elect an

assistant secretary or assistant secretaries who need not be members

of the board. Four members of the board shall constitute a quorum

and the affirmative vote of the majority of members present at a

meeting of the board shall be necessary and sufficient for any

action taken by the board, except that the affirmative vote of at

least four members shall be required for the approval of any

resolution authorizing the issuance of any bonds or approving any

loan transaction pursuant to Section 5062.1 et seq. of this title.

Oklahoma Statutes - Title 74. State Government Page 1114

D. No vacancy in the membership of the board shall impair the

right of a quorum to exercise all rights and perform all the duties

of the board. Any action taken by the board may be authorized by

resolution at any regular, special, or emergency meeting and shall

take effect upon the date the chair or vice-chair certifies the

action of the Authority by affixing a signature to the resolution

unless some other date is otherwise provided in the resolution.

E. The board may delegate to its employees, persons under

contract to provide administrative or staff services to the board,

its members and/or officers of the Authority such duties as it deems

necessary or convenient to carry out the purposes of this act. The

board may contract with the Oklahoma Industrial Finance Authority to

provide all or part of the board’s administrative and staff

services. Funds of the Oklahoma Development Finance Authority may

be paid to the Oklahoma Industrial Finance Authority for services

reasonably attributable to the operation of the Oklahoma Development

Finance Authority.

F. Except as otherwise provided by law, no part of the funds of

the Authority shall inure to the benefit of, or be distributed to

its employees, officers, or board of directors, except that the

Authority shall be authorized and empowered to pay its employees and

agents reasonable compensation and benefits.

G. The meetings of the board of directors of the Oklahoma

Development Finance Authority shall be subject to the Oklahoma Open

Meeting Act and the Oklahoma Open Records Act. Any information

submitted to or compiled by the Oklahoma Development Finance

Authority with respect to the marketing plans, financial statements,

trade secrets or any other commercially sensitive information of

persons, firms, associations, partnerships, agencies, corporations

or other entities shall be confidential, except to the extent that

the person or entity which provided such information or which is the

subject of such information consents to disclosure. Executive

sessions may be held to discuss such materials if deemed necessary

by the board of directors.

H. The Authority shall assist minority businesses in obtaining

financial assistance. The terms and conditions of loans or other

means of financial assistance, including the charges for interest

and other services, will be consistent with the provisions of this

act. The Authority shall solicit proposed minority business

ventures for review and analysis.

I. The Authority shall not be subject to state laws regulating

the classification, employment, promotion, suspension, disciplinary

action or dismissal of state employees. The Oklahoma Development

Finance Authority shall not be subject to the provisions of the

Oklahoma Central Purchasing Act. The Oklahoma Development Finance

Authority shall be subject to the provisions of law governing

Oklahoma Statutes - Title 74. State Government Page 1115

administrative procedures pursuant to Title 75 of the Oklahoma

Statutes.

J. If a member of the board of directors, officer, agent or

employee of the Oklahoma Development Finance Authority has any

direct or any indirect interest in any approval, contract or

agreement upon which the member, officer, agent or employee may be

called upon to act or vote, the board member, officer, agent or

employee shall disclose the same to the secretary of the Authority

prior to the taking of final action by the Authority concerning such

contract or agreement and shall so disclose the nature and extent of

such interest and his or her acquisition thereof, which disclosure

shall be publicly acknowledged by the Authority and entered upon the

minutes of the Authority. If a board member, officer, agent or

employee holds such an interest, he or she shall refrain from any

further official involvement in regard to such contract or

agreement, from voting on any matter pertaining to such contract or

agreement, and from communicating with other board members,

officers, agents or employees concerning said contract or agreement.

Employees of the Oklahoma Development Finance Authority shall be

subject to the provisions of Rule 257:20-1-4, Rules of the Ethics

Commission, 74 O.S. 2001, Ch. 62, App., in the same manner as other

state employees. Notwithstanding any other provision of law, any

contract or agreement entered into in conformity with this

subsection shall not be void or invalid by reason of the interest

described in this subsection, nor shall any person so disclosing the

interest and refraining from further official involvement as

provided for in this subsection be guilty of an offense, be removed

from office, or be subject to any other penalty on account of such

interest. Provided, any approval, contract or agreement made in

violation of this section shall give rise to no action against the

Authority.

Indirect interest shall include pecuniary or competitive

advantage which exists or could foreseeably accrue as a result of

the act or forebearance of the Authority.
Okla. Stat. tit. 74, § 74-8006 — OK Code / Title 74 / Section 74-8006
Renumbered as § 683.32 of Title 63 by Laws 1996, c. 244,
Status: in_force

§ 11, eff. July 1, 1996.
Okla. Stat. tit. 74, § 74-235 — OK Code / Title 74 / Section 74-235
Reports
Status: in_force

he director shall present to the Governor a biennial report,

ready for printing, showing the progress and condition of said

bureau, together with such other information as the commission may

deem necessary: Provided, that the commission shall have authority

to print and distribute said report.
Okla. Stat. tit. 74, § 74-150.21 — OK Code / Title 74 / Section 74-150.21
Legal division established - Duties - Restrictions
Status: in_force

A. The Oklahoma State Bureau of Investigation shall establish

or provide for a legal division and the Director may employ

attorneys as needed, which attorneys, in addition to advising the

Director, the Commission and employees of the Bureau on legal

matters, may appear for and represent the Director, the Commission

and employees of the Bureau in administrative hearings and other

legal actions and proceedings. No attorney of the Bureau shall

enter an appearance in a criminal action nor engage in private

practice of the law while in the employment of the Oklahoma State

Bureau of Investigation, except for the purpose of representing the

agency in motions to quash subpoenas, other discovery matters,

expungement applications, evidentiary hearings, forfeiture

proceedings or when requested to do so by another prosecuting

authority.

B. It shall continue to be the duty of the Attorney General to

give official opinions to and to prosecute and defend actions for

the Director, Commission and employees of the Bureau, if requested

to do so.
Okla. Stat. tit. 74, § 74-9070 — OK Code / Title 74 / Section 74-9070
Short title - February 2021 Regulated Utility Consumer
Status: in_force

Protection Act.

This act shall be known and may be cited as the "February 2021

Regulated Utility Consumer Protection Act".
Okla. Stat. tit. 74, § 74-805.3 — OK Code / Title 74 / Section 74-805.3
Nurse practitioners and nurse-midwives - Classification
Status: in_force

For the purpose of classification under the Merit System of

Personnel Administration, certified nurse practitioner and certified

nurse-midwife as defined and certified by the Oklahoma Board of

Nurse Registration and Nursing Education shall each be recognized as

separate and distinct categories of nursing distinguishable from

current classifications.
Okla. Stat. tit. 74, § 74-85.7 — OK Code / Title 74 / Section 74-85.7
Acquisition initiation – Submission of requisition
Status: in_force

A. 1. Except as otherwise provided by the Oklahoma Central

Purchasing Act, or associated rules:

a. every state agency shall initiate all acquisitions by

the submission of a requisition to the Purchasing

Division, and

b. no state agency shall make an acquisition for an

amount exceeding Fifty Thousand Dollars ($50,000.00)

or the limit determined by the State Purchasing

Director pursuant to rules authorized by Section 85.5

of this title, not to exceed Two Hundred Fifty

Thousand Dollars ($250,000.00), without submission of

a requisition to the Purchasing Division for issuance

of a solicitation for the acquisition on behalf of the

agency. Any exemption from competitive bid

requirements of the Oklahoma Central Purchasing Act

further exempts the acquisition from requisition

requirements of the act.

2. The State Purchasing Director may request additional

information necessary to adequately review a requisition to ensure

compliance with the Oklahoma Central Purchasing Act and associated

rules. If the State Purchasing Director determines that an

acquisition is not necessary, excessive or not justified, the State

Purchasing Director shall deny the requisition.

3. The provisions of the Oklahoma Central Purchasing Act shall

not preclude a state agency from:

a. accepting gifts or donations in any manner authorized

by law, or

b. making an acquisition for itself without submitting a

requisition under this section when authorized in

writing by the State Purchasing Director.

Oklahoma Statutes - Title 74. State Government Page 160

4. Any acquisition a state agency makes shall be made pursuant

to the Oklahoma Central Purchasing Act and associated rules. No

agency shall use split purchasing for the purpose of evading the

requirement of competitive bidding or other requirement of the

Oklahoma Central Purchasing Act or associated rules. Violation of

this provision shall be cause for discipline of a state employee up

to and including termination.

5. The State Purchasing Director may waive or increase the

limit authorized for a state agency acquisition made pursuant to its

own competitive procedures. To perfect an otherwise valid

acquisition inadvertently exceeding the limit due to administrative

error by a state agency or unforeseeable circumstances, the state

agency shall request a limited waiver or increase upon the discovery

of the error or circumstance to the State Purchasing Director. The

State Purchasing Director shall report requests for waivers or

increases, stating the amount and whether the request was granted or

denied, upon request by the Governor, President Pro Tempore of the

Senate or Speaker of the House of Representatives.

6. Competitive bidding requirements of this section shall not

be required for the following:

a. contracts for master custodian banks or trust

companies, investment managers, investment

consultants, and actuaries for the state retirement

systems, and Oklahoma Employees Insurance and Benefits

Board, pension fund management consultants of the

Oklahoma State Pension Commission and the

Commissioners of the Land Office, examiners, experts,

or consultants for the Insurance Department whose job

duties are tied to Market Conduct Exams, Financial

Exams, and Insurance Business Transfers, financial

institutions to act as depositories and managers of

the Oklahoma College Savings Plan accounts and other

professional services as defined in Section 803 of

Title 18 of the Oklahoma Statutes. When requested by

the Oklahoma Employees Insurance and Benefits Board or

the governing board of a state retirement system

authorized to hire investment managers, the Purchasing

Division shall assist in the process of selecting

investment managers,

b. a state agency making such an acquisition shall notify

the State Purchasing Director within fifteen (15) days

following completion of the acquisition. A list of

the exempt contracts shall be provided, upon request,

to a member of the Appropriations and Budget Committee

of the House of Representatives or Appropriations

Committee of the Senate,

Oklahoma Statutes - Title 74. State Government Page 161

c. purchases of postage by state agencies made pursuant

to Sections 90.1 through 90.4 of this title,

d. a sole source acquisition made in compliance with

Section 85.44D.1 of this title,

e. an acquisition for design, development, communication

or implementation of the state employees flexible

benefits plan; provided, procedures used for the

acquisition are consistent with competitive bid

requirements of the Oklahoma Central Purchasing Act

and associated rules,

f. any acquisition of a service which the Office of

Management and Enterprise Services has approved as

qualifying for a fixed and uniform rate, subject to

the following:

(1) the Purchasing Division shall establish criteria

and guidelines for those services which may

qualify for a fixed and uniform rate,

(2) fixed and uniform rate contracts authorized by

this subsection shall be limited to contracts for

those services furnished to persons directly

benefiting from such services and shall not be

used by a state agency to employ consultants or

to make other acquisitions,

(3) any state agency desiring to have a service

qualified for a fixed and uniform rate shall make

a request for service qualification to the State

Purchasing Director and submit documentation to

support the request. The State Purchasing

Director shall approve or deny the request. If

approved, the state agency shall establish a

fixed and uniform rate for the service. No

contracts shall be entered into by the state

agency until the rate has been approved by the

state agency in a public hearing. The proposed

rate shall be clearly and separately identified

in the agenda of the state agency for the hearing

and shall be openly and separately discussed

during such hearing. The state agency shall

notify the State Purchasing Director of its

pending consideration of the proposed rate at

least thirty (30) days before the state agency is

to meet on the proposed rate and deliver a copy

of the agenda items concerning the proposed rate

with supporting documentation. The State

Purchasing Director shall communicate any

observation, reservation, criticism or

recommendation to the agency, either in person at

Oklahoma Statutes - Title 74. State Government Page 162

the time of the hearing or in writing delivered

to the state agency before or at the time of the

hearing. The State Purchasing Director shall

specifically note in the written communications

whether the Director has determined the rate to

be excessive. Any written communication

presented in the absence of the State Purchasing

Director shall be presented orally during the

public hearing. Whether made in person or in

writing, any comment made by the State Purchasing

Director shall be made a part of the minutes of

the hearing in full,

(4) within two (2) weeks after the convening of the

Legislature, the administrative officer of the

state agency shall furnish to the Speaker of the

House of Representatives, the President Pro

Tempore of the Senate and to any member of the

House or Senate, if requested by the member, a

complete list of all of the types of services

paid for by uniform fixed rates, the amount of

the rate last approved by the agency for the

service and the number of contracts then in

existence for each type of service. Any rate

which has been determined to be excessive by the

State Purchasing Director shall be specifically

identified in the list by the state agency, and

(5) at any time, the State Purchasing Director may

review, suspend or terminate a contract entered

into pursuant to the provisions of this paragraph

if the Director determines the contract is not

necessary, is excessive or is not justified,

g. an acquisition for a client of the State Department of

Rehabilitation Services; provided, the agency develops

and maintains standards for such an acquisition. The

agency may elect to utilize the Purchasing Division

for an acquisition. The standards shall foster

economy, provide a short response time, include

appropriate safeguards, require written records,

ensure appropriate competition for economical and

efficient purchasing and shall be approved by the

State Purchasing Director,

h. structured settlement agreements entered into by the

Attorney General’s office in order to settle any

lawsuit involving the state, the Legislature, any

state agency or any employee or official of the state

if:

Oklahoma Statutes - Title 74. State Government Page 163

(1) prior to entering into any contract for the

services of an entity to administer a structured

settlement agreement, the Attorney General

receives proposals from at least three entities

engaged in providing such services, and

(2) the selection of a particular entity is made on

the basis of the response to the request which is

the most economical and provides the most

competent service which furthers the best

interests of the state,

i. an acquisition by a state agency pursuant to a

contract the State Purchasing Director enters into on

behalf of a state agency or awards and designates for

use by state agencies,

j. an acquisition by the Committee for Sustaining

Oklahoma’s Energy Resources pursuant to a contract

with a local supplier for the purpose of holding a

special event or an exhibition throughout the state,

and

k. contracts for the study, analysis, and planning, as

reasonably necessary, to aid in determining the

feasibility of leasing, selling, or privately managing

or developing the property or facilities under control

of the Oklahoma Tourism and Recreation Commission.

The Commission shall be exempt from the competitive

bidding requirements of the Oklahoma Central

Purchasing Act for the purpose of soliciting,

negotiating, and effectuating such a contract or

contracts; provided, that the State Purchasing

Director shall review and audit all uses of the

exemptions provided in this subparagraph biannually.

7. Notwithstanding any other provision of law, an acquisition

may be exempted from requirements of this section by the State

Purchasing Director when in the State Purchasing Director’s

discretion unusual, time-sensitive or unique circumstances exist

which make such exemption in the best and immediate interest of the

state. As used in this subsection, “State Purchasing Director”

shall not mean a designee. Any such acquisitions shall be described

in detail and publicly posted as a data feed. The description shall

include the name of the supplier, cost of the acquisition, reason

for exemption and, as applicable, detailed comparison of the

acquisition with comparable items, any identified cost savings

resulting from the acquisition and a description of benefits to the

state. The State Purchasing Director shall take no action under the

provisions of this subsection prior to such public posting.

B. Competitively bid acquisitions shall be awarded to the

lowest and best, or best value, bidder or bidders.

Oklahoma Statutes - Title 74. State Government Page 164

C. Bids for an amount requiring submission of requisitions to

the Purchasing Division shall be evaluated by the Purchasing

Division and the state agency receiving the acquisition. At a

minimum, cost and technical expertise shall be considered in

determining the lowest and best, or best value, bid. Further, the

state agency shall present its evaluation and recommendation to the

State Purchasing Director. A documented evaluation report

containing the evaluations of the Purchasing Division or the state

agency shall be completed prior to the contract award and such

report shall be a matter of public record.

D. Except as otherwise specifically provided by law, the

acquisition of food items or food products by a state agency from a

public trust created pursuant to Sections 176 through 180.56 of

Title 60 of the Oklahoma Statutes shall comply with competitive

bidding requirements of this section.

E. Cooperative contracts shall not be utilized unless the

purchasing cooperative and its affiliated suppliers have complied

with competitive bid requirements of the Oklahoma Central Purchasing

Act and associated rules.

F. Notwithstanding any provision of the Oklahoma Central

Purchasing Act, in all cases where federal granted funds are

involved, the federal laws, rules and regulations thereto shall

govern to the extent necessary to inure to the benefit of such funds

to this state.

G. A court order requiring an acquisition by a state agency,

whether or not such state agency is subject to the Oklahoma Central

Purchasing Act, shall not invalidate competitive bidding procedures

required by this section if such court order does not specify a

specific supplier. Any such acquisition shall comply with

competitive bid procedures.
Okla. Stat. tit. 74, § 74-2272 — OK Code / Title 74 / Section 74-2272
Issuance of revenue notes and bonds - Credit enhancement
Status: in_force

- Interest rate and maturity - Form - Signatures - Sale - Issuance

of refunding notes and bonds.

A. The Commission may provide by resolution, from time to time,

for the issuance of revenue notes and bonds for its lawful purposes,

in such amount or amounts as are necessary, incidental, or

convenient to the exercise of powers, rights, privileges, and

functions conferred upon it by this act or other law. The principal

of and interest on any indebtedness shall be payable solely from the

revenues of the Department and such other funds as may be provided

by law for such payments. The Commission may provide for credit

enhancement as additional security or liquidity for its notes and

bonds and enter into such agreements as may be necessary or

appropriate to provide for the repayment of any funds advanced by

the provider of any such credit enhancement including the payment of

any fees and expenses incurred in connection therewith. The notes

and bonds of each issue shall bear interest at fixed or variable

Oklahoma Statutes - Title 74. State Government Page 927

rates and shall bear an average interest rate comparable to other

revenue notes and bonds of like credit quality and maturity as

prescribed by the State Bond Advisor and shall mature at such time

or times not exceeding thirty (30) years from the date or dates of

issue, as may be determined by the Commission. The notes and bonds

may be made redeemable before maturity at the option of the

Commission, at such time or times and at such price or prices and

pursuant to such terms and conditions as may be fixed by the

Commission prior to the issuance of the notes and bonds. The

Commission shall determine the form of the notes and bonds and the

manner of execution thereof and shall fix the denominations of the

notes and bonds and the place or places of payment of principal and

interest. If any officer whose signature or facsimile of whose

signature appears on any notes and bonds shall cease to hold the

office before the delivery of the notes and bonds, the signature or

the facsimile shall nevertheless be valid and sufficient for all

purposes, the same as if the person had remained in the office until

delivery. All notes and bonds issued pursuant to the provisions of

this act shall have all the qualities and incidences of negotiable

instruments subject to the laws of this state. The Commission may

sell the notes and bonds in such amounts and in such manner, either

at public or private sale, and for such price, as it may determine

to be in the best interests of the state. If the notes and bonds

are not sold by competitive bid, the sale must be approved by the

State Bond Advisor.

B. The Commission may, by resolution, provide for the issuance

of notes and bonds for the purpose of refunding notes and bonds then

outstanding, including the payment of any redemption premium, any

interest accrued to the date of redemption of the notes and bonds,

and for incurring additional indebtedness for its lawful purposes.

The issuance of such notes and bonds shall be governed by the

provisions of this act and the Oklahoma Bond Oversight and Reform

Act.

C. The Commission shall promulgate rules governing the issuance

of revenue bonds authorized pursuant to this act.
Okla. Stat. tit. 74, § 74-910 — OK Code / Title 74 / Section 74-910
Eligible employers - Procedure for joining System -
Status: in_force

Withdrawal.

(1) An eligible employer may join the System in January of any

year. Application for affiliation shall be in the form of a

resolution approved by the governing or legislative body of the

eligible employer or by any other body or officer authorized by the

Oklahoma Statutes - Title 74. State Government Page 628

law or recognized by the Board to approve such resolution or action;

provided, that no county hospital, city or town, circuit engineering

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

town participates and is the primary beneficiary shall become a

participating employer except by the adoption of a resolution

therefor, unless otherwise provided in this act. Upon the filing of

a certified copy of such resolution with the Board, the employer

shall become a participating employer on January 1 of the year

immediately following the filing of such election with the Board.

Such election shall be final and irrevocable and any employer now or

hereafter participating in the System shall not be permitted to

withdraw from the System under any circumstances, including a change

in legal identity of such employer, where the purpose and functions

of such employer remain essentially the same as at the time of

filing of entry into the System. Provided, however, any hospital

joining the System during the period commencing December 1, 1989,

and ending January 31, 1990, or during the period commencing

December 1, 1971, and ending January 31, 1972, shall be permitted to

withdraw from the System by the adoption of resolution therefor by

the hospital board of control. However, no member hospital of the

System shall be allowed to withdraw from the System until such

hospital has satisfied all current obligations to the System. Upon

the filing of a certified copy of such resolution with the Board and

upon the Board's determining that arrangements have been made for

the payment of all financial obligations, if any, due the System by

such withdrawing hospital, such hospital shall cease to be a

participating employer on the first day of the month immediately

following such determination and the filing of such resolution with

the Board. The employees of any such hospital withdrawing from the

System shall have such rights as are provided by Section 912.1 of

this title. Any hospital that withdraws under the provisions of

this act shall be responsible for the payment of any actuarial cost

required as a result of such withdrawal. Provided, however, any

county having a population of less than four hundred thousand

(400,000), according to the latest Federal Decennial Census, shall

become a participating employer on January 1, 1974, notwithstanding

any other provision of statute.

(2) The State of Oklahoma, in its capacity as an eligible

employer shall become a participating employer on the first entry

date and thereafter on the entry date immediately following the

creation of any state agency not now in existence.

(3) From and after the passage of this act no county hospital,

or county or state governmental agency, shall institute a retirement

system other than as provided for in this act, except as to any

other supplemental retirement plans otherwise expressly provided for

by law.

Oklahoma Statutes - Title 74. State Government Page 629
Okla. Stat. tit. 74, § 74-213.2 — OK Code / Title 74 / Section 74-213.2
Performance Audit Division
Status: in_force

A. There is hereby created in the Office of the State Auditor

and Inspector a Performance Audit Division, subject to the

discretion of the State Auditor and Inspector. An Assistant State

Auditor and Inspector may be appointed to direct the operations of

the Division, subject to the supervision and control of the State

Auditor and Inspector at all times.

B. The State Auditor and Inspector, deputies and agents of the

Performance Audit Division may examine all books and accounts of all

public officers, institutions and other governmental entities

specified in Sections 212 through 227.9 of this title to instruct

the proper officers thereof in the performance of their duties and

to prescribe cost-effective methods of operating such governmental

entities; provided, however, the State Auditor and Inspector shall

perform the examinations authorized in this subsection upon

receiving a written request to do so by the Governor, the chief

executive officer of a governmental entity or pursuant to a joint or

concurrent resolution of the Legislature. A copy of the examination

shall be given to the examined entity. A copy of any examination

conducted pursuant to this subsection shall be submitted to the

Governor, the Speaker of the House of Representatives, the President

Pro Tempore of the Senate, the appropriations and budget chairs of

the House of Representatives and the Senate, and the Minority Leader

of the House of Representatives and of the Senate.

C. The cost of the examinations authorized pursuant to

subsection B of this section shall be borne by the examined agency

in an amount not to exceed the actual costs of the examination.

Prior to the start of such an examination, the State Auditor and

Inspector shall prepare in writing and present to the affected state

agency an estimate of the cost of the examination. If the estimate

requires revision, the State Auditor and Inspector shall notify the

agency in a prompt manner. Except as otherwise provided, the State

Auditor and Inspector shall recover its costs for the examination

pursuant to monthly progress billings presented by the State Auditor

and Inspector to the Office of Management and Enterprise Services

detailing current monthly costs for each examination. In addition,

the State Auditor and Inspector shall provide a copy of the billing

to the affected state agency. The Office of Management and

Enterprise Services may deduct the amounts billed from the next

Oklahoma Statutes - Title 74. State Government Page 381

subsequent allotment for the corresponding state agency and transfer

the funds to the State Auditor and Inspector Revolving Fund.

D. The salaries and traveling expenses of the Assistant State

Auditor and Inspector, deputies and agents of the Performance Audit

Division and the costs of material, supplies and equipment for the

Division shall be paid from funds made available through

appropriation by the Legislature.

E. The State Auditor and Inspector shall submit an annual

report of the Performance Audit Division to the Governor, the

President Pro Tempore of the Senate, the Speaker of the House of

Representatives, appropriations and budget chairs of the House of

Representatives and the Senate, and the Minority Leader of the

Senate and of the House of Representatives.
Okla. Stat. tit. 74, § 74-177 — OK Code / Title 74 / Section 74-177
Investigation of complaints against hospitals and homes
Status: in_force

It shall be the duty of the State Department of Public Welfare

to investigate all complaints made in the form of a sworn affidavit

against such institutions as are named in the preceding section, and

all orphanages of whatever name or character, which are conducted by

individuals for their own personal gain or profit, or which either

charge for their services or subsist wholly or in part by money

collected by subscription from the public as a charity. In event

the complaints are found to be true, the Department shall have the

power to order such institutions closed, and upon failure or refusal

of the proprietors or operators of such institutions to obey the

order shall file a complaint in a court of competent jurisdiction

and ask that they be legally restrained from operating said

institutions, and if guilty of malpractice, mistreatment or any

illegal act, that they be punished according to law.
Okla. Stat. tit. 74, § 74-18p-5 — OK Code / Title 74 / Section 74-18p-5
Statewide telephone communication service for victims
Status: in_force

The Office of the Attorney General shall be responsible for the

development, maintenance and operation of a twenty-four-hour

statewide telephone communication service for the victims of rape,

forcible sodomy and domestic violence. The purpose of the service

is to provide information to such victim regarding any immediate

action which should be taken by the victim, the social services

available, and the legal rights and remedies of the victim.
Okla. Stat. tit. 74, § 74-227.22 — OK Code / Title 74 / Section 74-227.22
Renumbered as Section 35 of Title 1 of the Oklahoma
Status: in_force

Statutes by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
Okla. Stat. tit. 74, § 74-5060.12 — OK Code / Title 74 / Section 74-5060.12
Centers of excellence
Status: in_force

A. The purpose of this section is to authorize the

establishment of two types of centers of excellence at institutions

of higher education or nonprofit research institutions: centers of

excellence for basic research and centers of excellence for applied

research, development and technology transfer.

B. Centers of excellence for basic research will primarily

undertake ongoing basic research that has potential for long-range

value to the state's economic development. The centers should build

on institutional strengths and conduct activity in areas of research

in which the participating institutions of higher education or

nonprofit research institutions have achieved or have true promise

of attaining a standard of excellence as recognized by national and

international peers.

Oklahoma Statutes - Title 74. State Government Page 1080

C. Centers of excellence for applied research, development and

technology transfer will primarily undertake applied research,

development and technology transfer that has long-run potential for

commercial development. The centers should build on institutional

strengths and conduct activity in areas of research in which the

participating institutions of higher education or nonprofit research

institutions have achieved or have true promise of attaining a

standard of excellence in applied research and development.

D. The Oklahoma Center for the Advancement of Science and

Technology (OCAST) shall award funding to centers of excellence in

accordance with subsections E and F of this section.

E. OCAST may award funding from the Research Support Revolving

Fund for new centers and increased funding for established centers

only after:

1. Developing, adopting and publishing the criteria it shall

use when evaluating centers of excellence; and

2. Reviewing proposals for new or established centers of

excellence containing:

a. documentation, in the case of applied research,

development and technology transfer, that not less

than fifty percent (50%) of the center's total funding

will be provided by sources other than OCAST and other

than state-appropriated money; and, in the case of

basic research, documentation that not less than

twenty percent (20%) of the funding for centers

conducting basic research will be provided by sources

other than OCAST and other than state-appropriated

money; machinery or equipment may be considered as

part of the matching funds, but must be accompanied by

a statement that the center of excellence has received

the machinery or equipment, that it is appropriate and

useful to the program under review, and either:

(1) verifying that the machinery or equipment is

donated, has only been used in testing to ensure

quality control, or used by a wholesaler or

retailer for demonstration purposes only and

verifying the fair market value of the machinery

or equipment on the date of the gift, or

(2) detailing the price paid by the center of

excellence, with an invoice showing the amount

paid for the equipment,

b. a description of the proposed center's potential

contribution to the state's economic development

interests,

c. an itemized operations budget, and

d. other information that may be required by the Oklahoma

Science and Technology Research and Development Board.

Oklahoma Statutes - Title 74. State Government Page 1081

F. The board may approve proposals to establish new centers of

excellence and increase funding for existing centers contingent on

the availability of funds and only after the board finds, based upon

the proposal submitted, external peer reviews, and such additional

investigation as the staff of OCAST shall make and incorporate in

its minutes that:

1. Each proposed center of excellence involves higher education

institution(s), nonprofit research institution(s), and private

enterprise;

2. Each proposed center of excellence is funded at Nine Hundred

Thousand Dollars ($900,000.00), or so much as is needed, per year

for five (5) years, above the annual appropriation for OCAST;

3. In the case of applied research, development and technology

transfer the proposed center of excellence has the potential to

stimulate economic development in Oklahoma by fostering partnership

among higher education institutions, nonprofit research

institutions, and businesses;

4. The center has the long-run potential to benefit existing

and new businesses through innovation and development of new

technology; and

5. Approval of the proposal will not create or foster

unnecessary duplication of programs, particularly at the graduate

level of instruction.

G. Any commercialized research that results from the funding of

a center of excellence shall be subject to negotiations and policies

pursuant to the provisions of this act.
Okla. Stat. tit. 74, § 74-9073 — OK Code / Title 74 / Section 74-9073
Determination of extreme purchase or extraordinary costs
Status: in_force

A. The Oklahoma Corporation Commission may determine upon

receiving an application or in any proceeding where the issue is

properly brought before it that extreme purchase costs,

extraordinary costs or both, requested for recovery by a regulated

utility are subject to this act and may be mitigated through

securitization in order to reduce the utility bill impact on

customers. For the purposes set forth in this section, the utility

shall:

1. Provide the known extreme purchase and extraordinary costs,

and estimates of any extreme purchase or extraordinary costs not yet

finalized that are being requested for recovery through

securitization;

2. Demonstrate the utility bill impacts of securitization and

the degree of savings customers would experience related to issuing

ratepayer-backed bonds in comparison with traditional utility

financing; and

3. Facilitate a timely audit of all costs requested for

recovery prior to the utility being authorized to recover costs

through the issuance of a financing order.

B. The Commission may develop forms and procedures to receive

and review applications for the establishment of qualified costs;

provided, the application shall require but not be limited to the

amount of extreme purchase costs and extraordinary costs requested

for recovery and any other information or documentation required by

the Commission to effectuate this act.

Oklahoma Statutes - Title 74. State Government Page 1255

C. The Commission shall consider the following factors when

determining whether extreme purchase costs or extraordinary costs

should be mitigated by the issuance of ratepayer-backed bonds:

1. Substantial revenue requirement savings that may be incurred

to the benefit of customers by relying on lower carrying charges

related to ratepayer-backed bonds rather than by conventional

financing obtained by the regulated utility;

2. Customer utility bill impact that may be mitigated by

mandating a longer amortization period for recovery than would

otherwise be practicable or feasible for the regulated utility; and

3. The issuance of ratepayer-backed bonds that may be completed

at a sufficiently low cost such that customer savings are not

exhausted or offset.

D. 1. The Commission may engage financial advisors or other

consultants as may be necessary to assist in the evaluation required

pursuant to subsection C of this section. Expenses incurred for

those purposes shall be recoverable as administrative expenses of

the Oklahoma Development Finance Authority through the issuance of

ratepayer-backed bonds pursuant to Section 8 of this act.

2. The provisions of the Oklahoma Central Purchasing Act,

Section 85.1 et seq. of Title 74 of the Oklahoma Statutes, shall not

be applicable to the engagement authorized by paragraph 1 of this

subsection but shall be subject to review by the Deputy Treasurer

for Policy and Debt Management.

E. In determining the amount of extreme purchase costs and

extraordinary costs to be mitigated through securitization, the

Commission shall determine that the amounts incurred would otherwise

be recoverable from customers as fair, just and reasonable expenses

and prudently incurred.

F. Extreme purchase costs and extraordinary costs determined by

the Commission to be subject to this act and to be mitigated by

issuing ratepayer-backed bonds shall include carrying costs at an

appropriate rate determined by the Commission as set forth in a

financing order. The carrying costs shall begin accruing at a time

determined by the Commission in the financing order and continue

until the date that ratepayer-backed bonds are issued, or the costs

are otherwise recovered.

G. To the extent the regulated utility receives insurance

proceeds, governmental grants or any other source of funding that

compensates it for extreme purchase costs or extraordinary costs

subject to securitization, or if actual amounts are determined to be

lower than estimated amounts, those amounts shall be used to reduce

the extreme purchase costs or extraordinary costs of the utility

recoverable from customers. The Commission shall direct whether the

funds shall be provided directly to the Authority to offset amounts

securitized or whether they shall be held as a separate regulatory

liability offsetting rate base or returned to customers through some

Oklahoma Statutes - Title 74. State Government Page 1256

other appropriate regulatory mechanism. The amounts so received

shall accrue carrying charges at a rate equivalent to the rate

determined pursuant to subsection F of this section if they are

received before ratepayer-backed bonds are issued. If received

after the issuance of ratepayer-backed bonds, the amounts shall

accrue carrying charges at a rate determined by the Commission.
Okla. Stat. tit. 74, § 74-20i — OK Code / Title 74 / Section 74-20i
Contracting for legal representation by private attorneys
Status: reserved

- Approval by Attorney General - Report.

Oklahoma Statutes - Title 74. State Government Page 87

A. An agency or official of the executive branch may obtain

legal representation by one or more attorneys by means of one of the

following:

1. Employing an attorney as such if otherwise authorized by

law;

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

3. If the Attorney General is unable to represent the agency,

or official due to a conflict of interest, or the Office of the

Attorney General is unable or lacks the personnel or expertise to

provide the specific representation required by such agency or

official, contracting with a private attorney or attorneys pursuant

to this section.

B. When entering into a contract for legal representation by

one or more private attorneys or law firms, an agency or official of

the executive branch shall select an attorney or attorneys or a law

firm or law firms from a list of attorneys and firms maintained by

the Attorney General. An agency may contract for legal

representation with one or more attorneys who are not on the list

only when there is no attorney or firm on the list capable of

providing the specific representation and only with the approval of

the Attorney General. The list shall include any attorney or firm

who desires to furnish services to an agency or official of the

executive branch and who has filed a schedule of fees for services

with and on a form approved by the Attorney General. The list of

attorneys and firms desiring to furnish services and a schedule of

fees for each attorney and firm shall be maintained and made

available to the public.

C. An agency or official may agree to deviate from the schedule

of fees only with the approval of the Attorney General and if the

new schedule of fees would not violate the fee schedules set forth

in subsections D and E of this section.

D. An agency or official of the executive branch shall not

enter into a contingency fee contract that provides for the private

attorney or firm to receive an aggregate contingency fee that

exceeds:

1. Twenty-five percent (25%) of that portion of any amount

recovered that is Ten Million Dollars ($10,000,000.00) or less;

2. Twenty percent (20%) of that portion of any amount recovered

that is more than Ten Million Dollars ($10,000,000.00) but less than

or equal to Fifteen Million Dollars ($15,000,000.00);

3. Fifteen percent (15%) of that portion of any amount

recovered that is more than Fifteen Million Dollars ($15,000,000.00)

but less than or equal to Twenty Million Dollars ($20,000,000.00);

4. Ten percent (10%) of that portion of any amount recovered

that is more than Twenty Million Dollars ($20,000,000.00) but less

than or equal to Twenty-five Million Dollars ($25,000,000.00); and

Oklahoma Statutes - Title 74. State Government Page 88

5. Five percent (5%) of that portion of any amount recovered

that is more than Twenty-five Million Dollars ($25,000,000.00).

E. Notwithstanding subsection D of this section, the total fee

payable to all retained private attorneys in any contingency fee

contract shall not exceed Fifty Million Dollars ($50,000,000.00),

exclusive of any costs and expenses provided by the contract and

actually incurred by the retained private attorneys, regardless of

the number of actions or proceedings or the number of retained

private attorneys involved in the matter.

F. The Attorney General shall develop a standard clause for

inclusion in every contract for contingent fee attorney services

that shall be used in all cases, describing in detail what is

expected of both the contracted private attorney and the state

including, but not limited to, the requirements as provided in this

subsection. The state shall not enter into a contract for

contingency fee attorney services that does not incorporate such

requirements:

1. The government attorneys shall retain complete control over

the course and conduct of the case;

2. A government attorney with supervisory authority shall be

personally involved in oversight of the case;

3. The government attorneys shall retain veto power over any

decision made by outside counsel related to the case;

4. Any defendant in the case may contact the lead government

attorneys directly, without having to confer with outside counsel;

5. A government attorney with supervisory authority for the

case shall attend all settlement conferences; and

6. Decisions regarding settlement of the case shall be reserved

exclusively to the discretion of the government attorneys and the

state.

G. Copies of any executed contingency fee contract with the

private attorney shall be posted on the Attorney General's website

for public inspection within five (5) business days after the date

the contract is executed and shall remain posted on the website for

the duration of the contingency fee contract including any

extensions or amendments to the contract. Any payment of

contingency fees shall be posted on the Attorney General's website

within fifteen (15) days after the payment of the contingency fees

to the private attorney or law firm and shall remain posted on the

website for at least three hundred sixty-five (365) days after the

payment is made.

H. Any private attorney or law firm under contract to provide

services to the state on a contingency fee basis shall from the

inception of the contract until at least four (4) years after the

contract expires or is terminated, maintain detailed current records

including documentation of all expenses, disbursements, charges,

credits, underlying receipts and invoices and other financial

Oklahoma Statutes - Title 74. State Government Page 89

transactions related to the attorney services. The private attorney

or law firm shall make all such records available for inspection and

copying upon request of the Attorney General. In addition, the

private attorney or law firm shall maintain detailed contemporaneous

time records for the attorneys and paralegals working on the matter

in increments of no greater than one-tenth (1/10) of an hour and

shall promptly provide such records to the Attorney General upon

request.

I. Before entering into a contract for legal representation by

one or more private attorneys, an agency or official of the

executive branch shall furnish a copy of the proposed contract to

the Attorney General and notify the Attorney General of the

following:

1. The nature and scope of the representation including, but

not limited to, a description of any pending or anticipated

litigation or of the transaction requiring representation;

2. The reason or reasons for not obtaining the representation

from an attorney employed by the agency or official, if an attorney

is employed by the agency or official;

3. The reason or reasons for not obtaining the representation

from the Attorney General by contract;

4. The anticipated cost of the representation including the

following:

a. the basis for or method of calculation of the fee

including, when applicable, the hourly rate for each

attorney, paralegal, legal assistant, or other person

who will perform services under the contract, and

b. the basis for and method of calculation of any

expenses which will be reimbursed by the agency or

official under the contract;

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

6. The past or present relationship, if any, between such

attorney, law firm or any partner or other principal in such law

firm and the state agency or state agent proposing to enter into the

contract;

7. If the contract contemplates that all or part of the fee is

contingent on the outcome of the legal proceeding, the reasons the

contingent fee arrangement is believed to be in the state's interest

and any efforts undertaken to obtain private counsel on a

noncontingent fee basis; and

8. The justification for the determination that the selection

of a contract for legal representation by one or more private

attorneys or firms was made based on the ability of the private

attorney or firm to provide the most economical and most competent

service which furthers the best interest of the state.

J. After the approval of the contract by the Attorney General

for legal representation by one or more private attorneys or law

Oklahoma Statutes - Title 74. State Government Page 90

firms, the Attorney General shall make available to the public on

the Attorney General's website the information required pursuant to

paragraphs 1 through 8 of subsection I of this section.

K. 1. Before entering into a contract for legal representation

by one or more private attorneys or firms where the agency has

reason to believe that the case, transaction or matter will equal or

exceed Twenty Thousand Dollars ($20,000.00) or after employment when

it becomes apparent that the case, transaction or matter will equal

or exceeds Twenty Thousand Dollars ($20,000.00), an agency or

official of the executive branch shall obtain the approval of the

Attorney General when the total cost including fees and expenses, of

all contracts relating to the same case, transaction, or matter will

equal or exceed Twenty Thousand Dollars ($20,000.00).

2. Before entering into a contract for legal representation by

one or more private attorneys or firms to initiate a legal action on

behalf of the state where the agency has reason to believe that the

total cost of the case, transaction or matter including fees and

expenses will equal or exceed One Million Dollars ($1,000,000.00),

an agency or official of the executive branch shall initiate a

request for proposal from at least three qualified private attorneys

or firms, when possible, engaged in providing such services. Notice

of the request for proposal shall be published on the Attorney

General's website. The request for proposal shall solicit a

billable hourly rate, regardless of whether a contingency fee is

ultimately agreed upon, and shall specify the importance of price,

quality, ability and experience. The selection of a contract for

legal representation by one or more private attorneys or firms shall

be made using the criteria established in the request for proposal

and shall be based on the response to the request which is the most

economical and provides the most competent service which furthers

the best interests of the state. Most economical and most competent

shall not be construed to mean the least expensive proposal.

3. Any amendment, modification or extension of a contract

which, had it been a part of the original contract would have

required approval by the Attorney General, shall also require

approval by the Attorney General.

L. After entering into a contract for legal representation by

one or more private attorneys or firms where the agency has reason

to believe that the case, transaction or matter will equal or exceed

One Million Dollars ($1,000,000.00), an agency or official of the

executive branch shall submit a copy of the contract to the

Legislative Oversight Committee overseeing the operations of the

Legislative Office of Fiscal Transparency (LOFT) along with the

following:

1. A description of the litigation or of the transaction

requiring representation;

Oklahoma Statutes - Title 74. State Government Page 91

2. The reason or reasons for not obtaining the representation

from an attorney employed by the agency or official;

3. The justification for selecting an attorney or firm

contracted to represent the state; and

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

M. A settlement agreement shall not contemplate the ultimate

use and destination of recovered funds unless done in accordance

with paragraphs 11 and 12 of Section 18b of this title.

N. Within ten (10) days of an agency or official of the

executive branch entering into a settlement agreement where a

private attorney or firm was hired on a contingency fee contract and

the settlement was equal to or greater than One Million Dollars

($1,000,000.00), the agency or official of the executive branch

shall present the settlement agreement to the Legislative Oversight

Committee with oversight of the operations of the Legislative Office

of Fiscal Transparency (LOFT), unless otherwise postponed by LOFT.

O. When an agency or official of the executive branch enters

into a contract for professional legal services pursuant to this

section, the agency shall also comply with the applicable provisions

of Section 85.41 of this title.

P. The provisions of this section shall not apply to the

Oklahoma Indigent Defense System created pursuant to Section 1355 et

seq. of Title 22 of the Oklahoma Statutes.

Q. Upon request of an agency or official of the executive

branch, the Governor, the President Pro Tempore of the Oklahoma

State Senate and the Speaker of the Oklahoma House of

Representatives may exempt a legal matter from the requirements of

this section if an exemption is deemed to be in the best interest of

the state. Such exemption shall be issued at their discretion, in

writing and by unanimous consent, and shall be submitted to LOFT.

R. By February 1 of each year, the Attorney General shall

submit a report to the Governor, the President Pro Tempore of the

Senate, the Speaker of the House of Representatives, the Chair of

the Appropriations and Budget Committee of the House of

Representatives and the Chair of the Appropriations Committee of the

Senate, that describes the use of contracts with private attorneys

or law firms in the preceding fiscal year. At a minimum, the report

shall identify all new contracts entered into during the fiscal year

being reported and all previously executed contracts that remain

current during any part of the fiscal year. For each contract, the

report shall contain:

1. The name of the private attorney with whom the agency has

contracted including the name of the attorney's law firm;

2. The nature and status of the legal matter;

3. The name of the parties to the legal matter;

4. The amount of any recovery;

5. The amount of any hourly rate;

Oklahoma Statutes - Title 74. State Government Page 92

6. The amount of any contingency fee paid, if applicable; and

7. The amount paid under the contract for the fiscal year.

S. The provisions of subsections B through R of this section

shall not apply to any agency that invests funds on behalf of its

beneficiaries and, as part of its fiduciary duty, retains one or

more private attorneys or law firms to pursue individual, derivative

or class litigation concerning its investments or assets.

T. The provisions of this section shall not apply to any entity

exempted from Article I of the Administrative Procedures Act

pursuant to paragraphs 6 and 7 of subsection A of Section 250.4 of

Title 75 of the Oklahoma Statutes.
Okla. Stat. tit. 74, § 74-902v1 — OK Code / Title 74 / Section 74-902v1
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. Compensation shall not mean payment for

Oklahoma Statutes - Title 74. State Government Page 592

overtime, payable to a member of the System for personal services

performed for a participating employer, compensation or

reimbursement for traveling, moving expenses, or any compensation in

excess of the maximum compensation level, provided:

(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 subject 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 in

Oklahoma Statutes - Title 74. State Government Page 593

writing. Reappointment to the same office shall not

permit a new election. Members appointed to the

Oklahoma Tax Commission after March 21, 2001, shall

make such election, pursuant to this 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, 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,

Oklahoma Statutes - Title 74. State Government Page 594

but only with respect to that class or those classes

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

Oklahoma Statutes - Title 74. State Government Page 595

participating employer of the Oklahoma Public

Employees Retirement System only for such employees;

(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.

Oklahoma Statutes - Title 74. State Government Page 596

(e) Any employee employed by the Legislative Service

Bureau, Senate or House of Representatives for the

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

Oklahoma Statutes - Title 74. State Government Page 597

pursuant to this subparagraph shall be able to

acquire service performed as a temporary

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;

Oklahoma Statutes - Title 74. State Government Page 598

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

Section 415 of the federal Internal Revenue Code;

(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

Oklahoma Statutes - Title 74. State Government Page 599

subparagraph (a) of this paragraph, beginning on the

date of Congressional authorization, Congressional

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

Oklahoma Statutes - Title 74. State Government Page 600

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

credited service total eighty (80); such a normal

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

Oklahoma Statutes - Title 74. State Government Page 601

State of Oklahoma, 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,

(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) licensed emergency medical personnel, as defined

pursuant to Section 1-2503 of Title 63 of the

Oklahoma Statutes, holding a license issued by

the State Department of Health pursuant to

Section 1-2505 of Title 63 of the Oklahoma

Statutes, including emergency medical responders,

emergency medical technicians, intermediate

emergency medical technicians, advanced emergency

medical technicians, and paramedics employed by

any participating employer as a licensed

emergency medical personnel for the first time on

or after the effective date of this act,

(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 602

(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 603

(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, § 74-85.47h — OK Code / Title 74 / Section 74-85.47h
Prohibited acts - Penalties
Status: in_force

A. A person shall not knowingly make or cause any false

statement or report to be made in any application or in any document

furnished to the Administrator.

B. A person shall not knowingly make or cause any false

statement or report to be made for the purpose of influencing the

action of the Administrator on an application for assistance or for

the purpose of influencing any action of the Administrator affecting

bonding assistance whether or not such assistance may have already

been extended.

C. Any person who violates any provision of this section shall

be guilty of a Class D1 felony offense and, upon conviction, shall

be subject to a fine not exceeding Ten Thousand Dollars ($10,000.00)

Oklahoma Statutes - Title 74. State Government Page 203

or imprisonment as provided for in subsections B through F of

Section 20N of Title 21 of the Oklahoma Statutes, or both such fine

and imprisonment.
Okla. Stat. tit. 74, § 74-5060.3a — OK Code / Title 74 / Section 74-5060.3a
Renumbered as § 85.3 of Title 3 by Laws 2008, c. 180,
Status: in_force

§ 2, eff. Nov. 1, 2008.
Okla. Stat. tit. 74, § 74-85.29 — OK Code / Title 74 / Section 74-85.29
Renumbered as § 85.58T of this title by Laws 2020, c
Status: in_force

98, § 29, eff. Nov. 1, 2020.
Okla. Stat. tit. 74, § 74-61.3 — OK Code / Title 74 / Section 74-61.3
Experts and assistants
Status: in_force

The Director of the Office of Management and Enterprise

Services, with the approval of the Governor, shall employ and make

the appointment of such experts and assistants as may be necessary

in the performance of the Director's duties as required by law. No

appointments to positions shall be made in excess of the positions

Oklahoma Statutes - Title 74. State Government Page 118

authorized by act of the Legislature for the Office of Management

and Enterprise Services.
Okla. Stat. tit. 74, § 74-5060.4 — OK Code / Title 74 / Section 74-5060.4
Definitions
Status: in_force

As used in the Oklahoma Science and Technology Research and

Development Act:

1. "COEAT" means Center of Excellence for Aerospace Technology,

an initiative within the Oklahoma Aerospace Institute that

undertakes applied research, development and technology transfer

that has long-term potential for commercial development;

Oklahoma Statutes - Title 74. State Government Page 1068

2. "CASQ" means Center of Aerospace Supplier Quality, an

initiative within the Oklahoma Aerospace Institute that serves as a

conduit between Oklahoma's military installations and the aerospace

industry;

3. "Applied research" means those research activities occurring

at institutions of higher education, nonprofit research foundations,

and in private enterprises which have potential commercial

application;

4. "Basic research" means any original investigation for the

advancement of scientific knowledge not having a specific commercial

objective, but having potential long-range value to commercial

interests;

5. "Board" means the Oklahoma Science and Technology Research

and Development Board;

6. "Center" or "OCAST" means the Oklahoma Center for the

Advancement of Science and Technology;

7. "Commercialization Center" means a private, nonprofit

corporation contracting with and funded in part by OCAST to:

a. attract to, and retain in, Oklahoma technology and

technology-based enterprises,

b. promote and assist with the development and expansion

of scientific and technology-based industry in the

state,

c. facilitate the development of incubators for

technology-oriented enterprises,

d. assist technology-based enterprises in developing and

expanding their businesses, obtaining financing and

funding, attracting capital, including seed capital

and venture capital, and attracting and retaining key

management personnel, scientists, and skilled labor,

and

e. develop, operate, and manage programs to facilitate

entrepreneurial activity with respect to technology,

scientific-based, biomedical, biomedical-technical,

and technology-oriented enterprises in this state;

8. "Enterprise" means a firm with its principal place of

business in Oklahoma;

9. "Health research project" means a specific examination,

experimentation or investigation, or initiative to provide research

resources oriented principally toward basic, applied, and

developmental scientific inquiry related to the causes, diagnosis,

prevention, and treatment of human diseases and disabilities and

mental health and emotional disorders, and the rehabilitation of

persons afflicted with such diseases, disabilities, and disorders;

new knowledge, better understanding, and innovative methods to

improve the processes by which health care services are made

available and how they may be provided more efficiently, more

Oklahoma Statutes - Title 74. State Government Page 1069

effectively and at a lower cost, for all the citizens of this state;

and the development of new products and services which shall form

the basis of new high-technology health research and care industry

for this state;

10. "Industrial Extension System" means a coordinated network

of public and private manufacturing modernization resources, the

purpose of which is to stimulate the competitiveness of Oklahoma

small and medium-sized manufacturing firms;

11. "Institutional Review Board" means a committee composed of

investigators, lay representatives, and legal counsel, which is

established at each institution of higher learning and each

nonprofit research institution receiving funds from a health

research project, for the express purpose of determining the

appropriateness of any research involving human subjects;

12. "Institutions of higher education" means public and private

colleges and universities in the state;

13. "Investigator" means a person who proposes research

projects and is primarily responsible for the execution of the

proposed projects and is employed by or affiliated with an

institution of higher education, a nonprofit research institution in

this state, or a private enterprise;

14. "Nanotechnology" means technology development at the

molecular range (1nm to 100nm) to create and use structures,

devices, and systems that have novel properties because of their

small size;

15. "New technology" means methods, products, processes and

procedures developed through science or research;

16. "Nonprofit research institution" means any not-for-profit

public or private facility in this state which has the capabilities

for research projects and which is not a subsidiary of any

corporation, partnership, or association organized for profit, nor

is its stock or assets owned or controlled by a corporation,

partnership, or association organized for profit;

17. "OAI" means Oklahoma Aerospace Institute, a strategic

partnership that will focus available resources to promote

cooperation and collaboration among Oklahoma businesses,

manufacturers, military installations, commercial aviation, higher

education institutions, nonprofit research institutions, and state

government;

18. "OAME" means the Oklahoma Alliance for Manufacturing

Excellence, Inc., a corporation to be formed pursuant to the

provisions of Title 18 of the Oklahoma Statutes and Section 5060.26

of this title;

19. "ONAP" means the Oklahoma Nanotechnology Applications

Project;

20. "OSTRaD" means the Oklahoma Science and Technology Research

and Development Act;

Oklahoma Statutes - Title 74. State Government Page 1070

21. "Person" means any individual, partnership, corporation or

joint venture carrying on business or proposing to carry on business

within the state;

22. "Plant science research" means those research activities

occurring at institutions of higher education, nonprofit research

institutions, and in private enterprises, which have potential

commercial application and concern plant productivity, renewable

biomass, plant-based environmental applications and chemical

platforms, plant-based solutions to improve nutrition, human and/or

animal health or performance, process applications, and seed

management and the development of new products and services that

shall form the basis of new, high-technology plant

science/agriculture industry for this state;

23. "Product" means any outcome, device, technique or process,

which is or may be developed or marketed commercially and which has

advanced beyond the theoretical stage and is in a prototype or

practice stage;

24. "Professional service contract" means a written agreement

providing funds for the performance of a research project; for

salaries and fringe benefits of personnel associated with research

programs; for research equipment; for operating expenses associated

with a research program; or for services provided in connection with

the evaluation of applications submitted to the Center;

25. "Qualified security" means any public or private financial

arrangement, involving any note, security, debenture, evidence of

indebtedness, certificate of interest or participation in any

profit-sharing agreement, preorganization certificate or

subscription, transferable security, investment contract,

certificate of deposit for a security, certificate of interest or

participation in a patent or application therefor, or in royalty or

other payments under such a patent or application, or, in general,

any interest or instrument commonly known as a "security" or any

certificate for, receipt for, guarantee of, or option, warrant or

right to subscribe to or purchase any of the foregoing to the extent

allowed by law;

26. "Seed-capital" means funding, capital, and financing that

is provided and made available for the creation, development,

validation, refinement, protection, manufacturing, marketing, and

commercialization of a product, process, concept, invention, or

innovation, whether for the startup of a new enterprise or for the

expansion, growth, or restructuring of an existing enterprise; and

27. "Technology transfer" means a two-way process by which

ideas or inventions for processes or products (developed in research

programs usually on a laboratory or pilot-plant scale) are converted

to commercial use.
Okla. Stat. tit. 74, § 74-5060.6 — OK Code / Title 74 / Section 74-5060.6
Board of directors
Status: in_force

A. The board of directors for the Oklahoma Science and

Technology Research and Development (OSTRaD) Board shall consist of

nine (9) members and shall be comprised as follows:

1. Four members appointed by the Governor as follows:

a. two members representing a higher education

institution technology transfer office within this

state or a scientist or engineer with extensive

experience managing applied scientific or

technological research, and

b. two members who are or who have served as executive

officers in industries of life sciences, biotech,

autonomous systems, aerospace, energy, information

technology, other emerging technologies or finance;

2. Two members appointed by the President Pro Tempore of the

Senate who are or who have served as executive officers in

industries of life sciences, biotech, autonomous systems, aerospace

systems, aerospace, energy, information technology, other emerging

Oklahoma Statutes - Title 74. State Government Page 1072

technologies or finance, one of whom resides within this state in a

current U.S. Census Bureau metropolitan statistical area containing

at least five hundred thousand (500,000) residents according to the

most recent Federal Decennial Census and one of whom resides within

this state and outside the metropolitan statistical areas described

in this paragraph;

3. Two members appointed by the Speaker of the House of

Representatives who are or who have served as executive officers in

industries of life sciences, biotech, autonomous systems, aerospace

systems, aerospace, energy, information technology, other emerging

technologies or finance, one of whom resides within this state in a

current U.S. Census Bureau metropolitan statistical area containing

at least five hundred thousand (500,000) residents according to the

most recent Federal Decennial Census and one of whom resides within

this state and outside the metropolitan statistical areas described

in this paragraph; and

4. The Secretary of Science and Innovation.

B. The Secretary of Science and Innovation, or a designee of

the Governor, shall serve as chair.

C. In making appointments to the Oklahoma Science and

Technology Research and Development Board, appropriate consideration

shall be given to representation upon the Board by race, gender and

geographical area.

D. With the exception of the Secretary of Science and

Innovation, all members shall serve a four-year term at the pleasure

of their appointing authority.

E. The Board shall meet at least once each calendar quarter and

at such other times:

1. Upon call of the chair;

2. Upon call of the chief executive officer of the OSTRaD or

the Institute; or

3. Upon written request of a majority of the board members.

F. Five voting members of the Board shall constitute a quorum.

A quorum of the Board shall be necessary to transact business. All

actions of the board members shall be made by a majority of the

quorum present.

G. The members of the Board shall not be subject to the dual-

office-holding prohibitions set forth in Section 6 of Title 51 of

the Oklahoma Statutes.
Okla. Stat. tit. 74, § 74-7001 — OK Code / Title 74 / Section 74-7001
Short title
Status: in_force

This act, Section 7001 et seq. of this title, shall be known and

may be cited as the "Oklahoma State Employee Charitable Contribution

Act".
Okla. Stat. tit. 74, § 74-85.44E — OK Code / Title 74 / Section 74-85.44E
Disabled Veteran Businesses – Bonus preference
Status: in_force

A. Disabled Veteran Businesses.

As used in this section:

1. "Service-disabled veteran" means any individual that is

disabled as certified by the appropriate federal agency responsible

for the administration of veterans' affairs; and

2. "Service-disabled veteran business" means a business:

a. not less than fifty-one percent (51%) of which is

owned by one or more service-disabled veterans or, in

the case of any publicly owned business, not less than

fifty-one percent (51%) of the stock of which is owned

by one or more service-disabled veterans, and

b. the management and daily business operations of which

are controlled by one or more service-disabled

veterans.

B. In awarding contracts for the performance of any job or

service, all agencies, departments, institutions and other entities

of this state and of each political subdivision of this state shall

give a three-percentage point bonus preference to service-disabled

veteran businesses doing business as Oklahoma firms, corporations or

individuals, or which maintain Oklahoma offices or places of

business.

C. In implementing the provisions of subsection B of this

section, the following shall apply:

Oklahoma Statutes - Title 74. State Government Page 187

1. The Director of the Office of Management and Enterprise

Services shall have the goal of three percent (3%) of all such

contracts described in subsection B of this section to be awarded to

such veterans; and

2. If an insufficient number of such veterans doing business in

this state submit a bid or proposal for a contract by an agency,

department, institution or other entity of the state or a political

subdivision, such goal shall not be required and the provisions of

paragraph 1 of this subsection shall not apply.

D. The Director of the Office of Management and Enterprise

Services may promulgate rules in order to implement the provisions

of this section.
Okla. Stat. tit. 74, § 74-935.7 — OK Code / Title 74 / Section 74-935.7
Employee vesting – Investment options
Status: in_force

A. Participating employees shall at all times be vested at one

hundred percent (100%) of their accounts containing solely their

employee contributions, and the gains or losses on these

contributions. Participating employees will have investment

discretion over these accounts within the available options offered

by the Board.

B. Participating employees shall be vested with respect to the

employer matching amounts, and the gains or losses on these funds,

deposited into their defined contribution system account or accounts

according to the following schedule based on years of participating

service:

Year 1 20%

Year 2 40%

Year 3 60%

Year 4 80%

Year 5 and thereafter 100%

C. Participating employees will have investment discretion over

all employer contributions.

D. For purposes of determining a participating employee's right

to withdraw employer matching contributions and any investment gains

upon such employer contribution matching amounts, the vesting

percentages apply at the end of each full year of service as

described in subsection B of this section.

E. For participating employees who do not select any investment

options, the OPERS Board will establish default investment options

for the contributions received from participating employees and

default investment options for matching employer contributions.

F. To the extent that participants leave employment and have

not vested in all of the employer contributions, the nonvested

employer contributions, including any gains or losses, shall be

immediately forfeited to the 401(a) plan and may be used to offset

costs of administering the plan or as permitted by federal law.

Upon reemployment with an employer and satisfying the eligibility

requirements to become a participant, the reemployed participant

shall receive credit for previous service and be vested at the same

percentage the participant was vested when service was previously

terminated. However, under no circumstances shall the participant

be entitled to any previously forfeited employer contributions.
Okla. Stat. tit. 74, § 74-62.6 — OK Code / Title 74 / Section 74-62.6
List of surplus property - Authorization to sell, trade
Status: in_force

or redistribute.

A. 1. Each chief administrative officer of a state agency,

except as otherwise provided by subsection B of this section, shall

maintain a current list of all surplus property held and disposed of

by that state agency.

2. Except as otherwise provided in paragraph 3 of this

subsection, such list shall include the location where surplus

property is maintained, purchase price, when sold and selling price,

Oklahoma Statutes - Title 74. State Government Page 126

if transferred to which state agency or authorized entity, and if

otherwise disposed of, what manner of disposal.

3. If any surplus property having minimal or no value is

transferred to the Office of Management and Enterprise Services, any

such list shall reflect that the surplus property had minimal or no

value and was transferred to the Office for disposal.

B. The Office is authorized to sell, trade or redistribute any

surplus property having minimal or no value separately or in bulk or

may properly dispose of such property as provided by law. Any costs

incurred by the Office in the sale, trade, distribution or disposal

of any surplus property having minimal or no value in excess of any

monies received for such surplus property may be chargeable against

the state agency transferring the surplus property to the Office.

C. The lists shall be available upon request to the Office, the

State Auditor and Inspector, the Governor or any member of the

Legislature.
Okla. Stat. tit. 74, § 74-3114 — OK Code / Title 74 / Section 74-3114
State officials and employees prohibited from soliciting
Status: in_force

or accepting contributions for candidates.

No elected or appointed state official, his employees or others

in behalf and for said elected or appointed state official, shall,

directly or indirectly, solicit or accept contributions from

employees in said department or agency for the benefit of or in

behalf of any person who is a candidate for other political office.

(a) Violation of this section, upon resolution of the

Legislature or either house thereof, shall be prosecuted by the

appropriate district attorney, provided the appropriate district

attorney shall have authority on his own motion to prosecute said

violation in the absence of legislative resolution.

Upon conviction for violation of this section, the

state official or any employee adjudged guilty, shall be immediately

removed from office or position and shall be subject to bond

forfeiture or so much thereof as necessary to reimburse the State of

Oklahoma for monies wrongfully expended because of said violation.

In event the Legislature or the appropriate District Attorney fails

to act within a reasonable time, then any citizen taxpayer may

institute suit and upon successful prosecution of the violation,

like penalties are to attach.
Okla. Stat. tit. 74, § 74-840-2.16 — OK Code / Title 74 / Section 74-840-2.16
Minimum annualized salary
Status: in_force

Except as otherwise provided by law, any employee of the state,

excluding members of boards and commissions, institutions under the

administrative authority of the Oklahoma State Regents for Higher

Education, employees of public school districts and elected

officials, on July 1 of each year, earning less than the amount

established in the Federal Poverty Guidelines for a three-person

household, issued each year in the Federal Register by the United

States Department of Health and Human Services, shall receive the

necessary grade or salary adjustment to provide for a minimum

annualized salary equal to the amount established in the Federal

Poverty Guidelines for a three-person household, issued each year in

the Federal Register by the United States Department of Health and

Human Services. Any employee of the state, excluding members of

boards and commissions, institutions under the administrative

authority of the Oklahoma State Regents for Higher Education,

employees of public school districts and elected officials, employed

after July 1, 2007, shall receive a minimum annualized salary equal

to the amount established in the Federal Poverty Guidelines for a

three-person household, issued each year in the Federal Register by

the United States Department of Health and Human Services. This

section shall not apply to those persons employed pursuant to

Section 2241 of this title or those persons employed pursuant to

Section 1.6a of Title 53 of the Oklahoma Statutes.
Okla. Stat. tit. 74, § 74-2209 — OK Code / Title 74 / Section 74-2209
Aid and assistance for development of community
Status: in_force

recreation programs.

The Executive Director may authorize the provision of aid and

assistance to the governmental units of Oklahoma or to any

nongovernmental agency or organization in planning for the

development of community recreation programs. The Department may

act jointly with other state agencies, institutions, departments,

boards or commissions, to coordinate the park and recreational

functions at the state level of government.
Okla. Stat. tit. 74, § 74-855 — OK Code / Title 74 / Section 74-855
Powers
Status: in_force

The Oklahoma Industrial Finance Authority, as a public

corporation and governmental instrumentality exercising public

powers of the State of Oklahoma, is hereby granted and shall have

and may exercise all powers necessary or appropriate to carry out

and effectuate the purposes of this act, including the following

powers, in addition to others herein granted:

Oklahoma Statutes - Title 74. State Government Page 576

(a) To cooperate with industrial development agencies in their

efforts to promote the expansion of industrial and manufacturing

activity in the state;

(b) To determine, upon proper application of industrial

development agencies, whether the declared public purpose of this

act has been or will be accomplished by the establishment of such

industrial development projects by such industrial development

agencies;

(c) To conduct examinations and investigations and to hear

testimony and take proof, under oath or affirmation, at public or

private hearings, on any matter material for its information and

necessary to the establishment of industrial development projects

hereunder or other determinations related to exercise of the

Authority's lawful powers;

(d) To issue subpoenas requiring the attendance of witnesses and

the production of books and papers pertinent to any hearing before

such Authority, or before one or more members of the Authority

appointed by it to conduct such hearing;

(e) To apply to any court having jurisdiction of the offense, to

have punished for contempt any witness who refuses to obey a

subpoena, or who refuses to be sworn or affirmed or to testify, or

who is guilty of any contempt after summons to appear;

(f) To authorize any member or members of such Authority to

conduct hearings and to administer oaths, take affidavits and

subpoenas;

(g) To make, upon proper application of industrial development

agencies, loans to such industrial development agencies of monies

held in the Industrial Development Fund for industrial development

projects in Oklahoma, and to provide for the repayment and redeposit

of such allocations and loans in the manner hereinafter provided;

(h) To sue and be sued, implead and be impleaded, complain and

defend in all courts;

(i) To adopt, use, and alter at will a corporate seal;

(j) To adopt bylaws for the management and regulation of its

affairs; and to promulgate and issue rules and regulations governing

its operations;

(k) To appoint officers, agents, and employees, and to prescribe

their duties and to fix their compensation, within the limitations

prescribed by laws;

(l) To make contracts of every name and nature and to execute

all instruments necessary or convenient for the carrying on of its

business;

(m) To contract with private legal counsel when its Board of

Directors determines that special circumstances merit the services

of such counsel and when approved by the Attorney General; provided,

in all other circumstances, the Attorney General shall advise and

represent the Authority on legal matters;

Oklahoma Statutes - Title 74. State Government Page 577

(n) Without limitation of the foregoing, to accept grants from

and enter into contracts or other transactions with, any federal

agency; and

(o) To take title by foreclosure to any industrial development

project where such acquisition is necessary to protect any loan

previously made by the Authority, and to sell, transfer and convey

any such industrial development project to any responsible buyer; in

the event such sale, transfer and conveyance cannot be effected with

reasonable promptness, the Authority may, in order to minimize

financial losses and sustain employment, lease such industrial

development project to a responsible tenant or tenants; the

Authority shall not lease industrial development projects except

under the conditions and for the purposes cited in this section.
Okla. Stat. tit. 74, § 74-85.45j — OK Code / Title 74 / Section 74-85.45j
Renumbered as § 85.44D.1 of this title by Laws 2020, c
Status: in_force

98, § 30, eff. Nov. 1, 2020.
Okla. Stat. tit. 74, § 74-456 — OK Code / Title 74 / Section 74-456
Meetings of committees and subcommittees - Expenses - Per
Status: in_force

diem - Travel expenses - Association or organization membership

dues.

A. Committees and subcommittees of each house of the

Legislature are hereby authorized to meet when the Legislature is

not in session, subject to the approval of the presiding officer of

the respective house.

Oklahoma Statutes - Title 74. State Government Page 450

B. When the Legislature is not in session, members of the

Legislature shall be reimbursed their expenses in attending meetings

of committees and subcommittees of which they are members or to

which they are invited by committee chairs and shall be reimbursed

as provided in subsection C of this section for expenses for such

meetings and such other legislative business as may be authorized by

the rules or by resolution of the member's respective house.

C. In addition to reimbursement for mileage as authorized by

law, per diem in lieu of expenses in the amount of Twenty-five

Dollars ($25.00) is hereby authorized for not to exceed twenty (20)

days when the Legislature is not in session. The President Pro

Tempore of the Senate and the Speaker of the House of

Representatives may authorize per diem for meetings exceeding twenty

(20) days for members of their respective houses as they deem

necessary.

D. A per diem in lieu of expenses in the amount deductible

without additional documentation pursuant to the Internal Revenue

Code of 1986, as amended, is hereby authorized for meetings outside

the state by members, officers and employees of the Legislature. A

per diem in lieu of expenses in the amount deductible without

additional documentation pursuant to the Internal Revenue Code of

1986, as amended, for the destination within the geographical area

of travel is hereby authorized for official travel to high-rate

geographical areas, as designated in Section 500.9 of this title, by

members, officers and employees of the Legislature. Provided,

however, that members and employees of the Legislature may, in lieu

of the above provisions, be reimbursed for out-of-state travel

pursuant to the State Travel Reimbursement Act.

E. In addition to reimbursement allowed under subsection D of

this section, reimbursement for out-of-state transportation costs

shall be made at an amount not exceeding the cost of coach airplane

fare. Provided that reimbursement for travel by commercial airplane

on a first-class basis may be made if coach-class space is not

available within a reasonable time and is justified by attachments

to claim for reimbursement. Claims for reimbursement for first-

class transportation by commercial airline shall be accompanied by

the passenger's duplicate of airline ticket, or other airline

receipt which includes information as to class of accommodation for

which reimbursement is claimed.

F. Members, officers and employees of the Legislature shall be

reimbursed for any membership dues or fees paid to any association

or organization connected with the performance of their duties with

the state, upon the approval of the Speaker of the House of

Representatives or the President Pro Tempore of the Senate.Oklahoma Statutes - Title 74. State Government Page 16
Okla. Stat. tit. 74, § 74-6202 — OK Code / Title 74 / Section 74-6202
Hissom Memorial Treatment Center Oversight Committee
Status: in_force

A. There is hereby created the Hissom Memorial Treatment Center

Oversight Committee.

B. The Committee shall consist of the following persons:

1. One person appointed by the Governor from a list of three

nominees submitted by the Speaker of the House of Representatives;

2. One person appointed by the Governor from a list of three

nominees submitted by the President Pro Tempore of the Senate; and

3. One person appointed by the Governor from a list of three

nominees submitted by the City Council of the City of Sand Springs.

C. The duties of the Committee shall be to:

1. Monitor the continued maintenance of the real property and

improvements described in subsection C of Section 6201 of this title

to ensure that the improvements do not diminish in economic value

further than is reasonable to be expected given the condition of the

improvements and available financial resources;

2. Assist the Greater Sand Springs Trust Authority and the

Office of Management and Enterprise Services in providing for the

orderly and beneficial development of the real property and

improvements constituting the former Hissom Memorial Treatment

Center; and

Oklahoma Statutes - Title 74. State Government Page 1210

3. Serve as an additional resource of information for persons

or legal entities that express an interest in occupying, using or

purchasing any part or all of the real property constituting the

former Hissom Memorial Treatment Center.

D. The Committee shall be subject to the provisions of the

Oklahoma Open Meeting Act.

E. The Committee shall be subject to the provisions of the

Oklahoma Open Records Act, including the provisions regarding

information that may be kept confidential pursuant to Section 24A.10

of Title 51 of the Oklahoma Statutes.

F. No person appointed to any of the positions constituting the

Committee who is, at the time of the appointment to the Committee or

subsequent to the date of appointment, a public official or officer

shall be deemed to be serving in a dual capacity and such person

shall be specifically exempt from the provisions of Section 6 of

Title 51 of the Oklahoma Statutes.

G. The Committee shall:

1. Act in the interest of and for the economic benefit of

persons and business entities in the region of the facility formerly

known as the Hissom Memorial Treatment Center with the objective of

economic development;

2. Make recommendations in the event of disputes or issues

regarding the development, use or occupancy of the real property

described by subsection C of Section 6201 of this title, but shall

not have the power to bind any party to such recommendation; and

3. Make such reports or recommendations to the Board of

Trustees of the Greater Sand Springs Trust Authority at such times

and regarding such topics as may be pertinent to the development of

the real property and improvements described in subsection C of

Section 6201 of this title.

H. The Committee shall act in an advisory capacity only and

shall not have the power or authority to require the Greater Sand

Springs Trust Authority to obtain permission or consent from the

Committee in order to take any action with respect to the real

property or improvements described in subsection C of Section 6201

of this title. No power or authority conferred upon the Committee

shall in any way be construed as a limit or modification of the

powers granted to the Greater Sand Springs Trust Authority pursuant

to its trust indenture.

I. The Committee shall not have authority or power to perform

any act that is inconsistent with the powers, rights or duties of

the Office of Management and Enterprise Services with respect to the

real property described by subsection C of Section 6201 of this

title.
Okla. Stat. tit. 74, § 74-5060.30 — OK Code / Title 74 / Section 74-5060.30
Oklahoma Technology Trust Fund
Status: in_force

A. The "Oklahoma Technology Trust Fund" is hereby created. The

trust fund shall be administered as follows:

1. The trustees of the trust fund shall consist of seven

members of the Oklahoma Science and Technology Research and

Development Board who are the presidents of Oklahoma State

University, the University of Oklahoma, and the private university

offering graduate engineering degrees and the four chief executive

officers or senior executive officers of corporations or

foundations. The chair of the board of trustees shall be elected by

the trustees from among the four chief executive officers or senior

executive officers who also serve on the Oklahoma Science and

Technology Research and Development Board.

Oklahoma Statutes - Title 74. State Government Page 1097

2. After January 1, 2003, the board of trustees may by

unanimous vote expand the number of trustees at any time. No more

than three members added by the board of trustees may serve

concurrently. The members added by the board of trustees shall be

representatives of industries, shall have full voting rights, and

shall serve four-year terms. A position added by the board of

trustees may be filled at the end of the term by vote of the

trustees. A position not filled by the trustees at the end of the

term shall be considered abolished.

3. The trust fund principal shall consist of monies received

from any monies the Legislature appropriates for, or transfers to,

the trust fund and any monies or assets contributed to the trust

fund from any other source, public or private. Notwithstanding

other provisions of law, income and investment return on trust fund

principal shall accrue to the trust fund and may be authorized upon

a majority vote of the trustees for use and expenditure by the

Oklahoma Science and Technology Research and Development Board. Use

of the trust fund principal may be authorized upon a vote of three-

fourths of the trustees for use and expenditure by the Oklahoma

Science and Technology Research and Development Board.

4. The trustees shall develop procedures for accomplishing

transfer of income and investment return to appropriate accounts set

up in the Office of the State Treasurer.

5. The trust fund may be dissolved upon an act approved by

three-fourths (3/4) of both houses of the Legislature or pursuant to

a plan for use of the principal, leading to dissolution of the trust

fund, over a ten-year period that has been proposed by the trustees

and approved by the Legislature and the Governor. Upon the trust

fund's dissolution, any funds in the trust fund shall be placed in

the state general revenue fund, unless the Legislature specifically

provides otherwise.

B. There is hereby created in the State Treasury a fund for the

Oklahoma Center for the Advancement of Science and Technology to be

designated the "Oklahoma Technology Fund". The fund shall be a

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

consist of any monies received by the Center from the Legislature or

other sources for the fund. All monies accruing to the credit of

the fund are hereby appropriated and may be budgeted and expended by

the Oklahoma Science and Technology Research and Development Board

for the purposes of the Center. Expenditures from the fund shall be

made upon warrants issued by the State Treasurer against claims

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

Management and Enterprise Services for approval and payment. The

Oklahoma Science and Technology Research and Development Board shall

develop procedures for setting up accounts within the fund as

necessary in the Office of the State Treasurer. The Board shall

place only funds appropriated for or otherwise received for the

Oklahoma Statutes - Title 74. State Government Page 1098

Center in the accounts for the Center and shall not commingle funds

that are not appropriated or otherwise received for the Center with

funds appropriated or received for any other purpose of the Center.
Okla. Stat. tit. 74, § 74-1323 — OK Code / Title 74 / Section 74-1323
Fraud - Penalties - Audits
Status: in_force

Any person who shall knowingly make any false statement, or who

shall falsify or permit to be falsified any record necessary for

carrying out the intent of the Oklahoma Employees Insurance and

Benefits Act, Sections 1301 through 1329 of this title, for the

purpose of committing fraud, shall be guilty of a misdemeanor, and

upon conviction shall be punished by a fine not exceeding Five

Thousand Dollars ($5,000.00) or by imprisonment for not exceeding

one (1) year or by both the fine and imprisonment. The Oklahoma

Health Care Authority shall have the right to audit participating

employer groups to verify eligibility for any member and/or

dependent and may require proof of eligibility upon demand.
Okla. Stat. tit. 74, § 74-909 — OK Code / Title 74 / Section 74-909
Policies and rules for general administration
Status: in_force

(1) The Board of Trustees shall be responsible for the policies

and rules for the general administration of the system, subject to

the provisions of this act.

(2) The Board shall establish rules and regulations for the

administration of the system and for the transaction of its business

consistent with law, which rules and regulations shall be filed in

the office of the Secretary of State.

(3) The Board shall be responsible for the installation or

provision of a complete and adequate system of accounts and records.

(4) All meetings of the Board shall be open to the public. The

Board shall keep a record of its proceedings.

(5) The Board shall prescribe rules for the determination of

the value of maintenance, board, lodging, laundry, and other

allowances to employees in lieu of money and shall determine which

forms or types of compensation shall be included for retirement

purposes.

(6) The Board may adopt all necessary actuarial tables to be

used in the operation of the system as recommended by the actuary

and may compile such additional data as may be necessary for

required actuarial valuation calculations.

(7) The Board, as soon after the close of the fiscal year as

practical, shall publish for distribution among members a financial

statement showing the financial status of the system.

(8) All decisions of the Board as to questions of fact shall be

final and conclusive on all persons except for the right of review

as provided by law and except for fraud or such gross mistake of

fact as to have effect equivalent to fraud.
Okla. Stat. tit. 74, § 74-63.5 — OK Code / Title 74 / Section 74-63.5
Posting of reports
Status: in_force

Upon receipt of reports required by Section 2 of this act, the

Office of Management and Enterprise Services shall cause the reports

to be posted on the documents.ok.gov website. The Office shall also

send a notice of such posting to the Governor, the President Pro

Tempore of the Senate and the Speaker of the House of

Representatives.
Okla. Stat. tit. 74, § 74-2900.3 — OK Code / Title 74 / Section 74-2900.3
Reports
Status: in_force

A. Each member of the Committee shall submit a report as

specified in this section to the Chairperson upon request of the

Chairperson. The Chairperson shall give notice to each member of

the Committee to provide such report at least fifteen (15) days

prior to each meeting. The report shall provide all information on

any grants, donations, appropriated funds and any other funds

received by that agency concerning providing housing services to the

homeless. The report shall provide detailed information concerning

the expenditure of any of the funds specified in this subsection

which were expended on providing housing services to the homeless.

The Chairperson shall send a copy of each report to the other

members of the Committee. The Chairperson shall also provide a copy

of such reports to any member of the public upon written request and

the payment of any copying fee authorized by the Oklahoma Open

Records Act.

B. On or before February 1 of each year, the Chairperson of the

Committee created in Section 2 of this act shall provide a written

report to the Speaker of the House of Representatives, the President

Pro Tempore of the Senate and the Governor specifying in detail the

assistance provided, the agency or program pursuant to which such

assistance was provided, any funds provided to and any expenditures

made from such funds provided to each agency specifically for

providing housing services to the homeless, any other relevant

information related to such programs, and any recommendations for

legislation the Committee deems necessary for the best and most

efficient housing services for the homeless.

Oklahoma Statutes - Title 74. State Government Page 945
Okla. Stat. tit. 74, § 74-150.19b — OK Code / Title 74 / Section 74-150.19b
Oklahoma State Bureau of Investigation Centennial
Status: in_force

Revolving Fund.

Oklahoma Statutes - Title 74. State Government Page 305

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State Bureau of Investigation to be designated the

“Oklahoma State Bureau of Investigation Centennial 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 State Bureau of Investigation from gifts, donations, or any

other source. All monies accruing to the credit of the fund are

hereby appropriated and may be budgeted and expended by the Oklahoma

State Bureau of Investigation for the purpose of celebrating the

centennial of the Oklahoma State Bureau of Investigation.

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, § 74-110.2 — OK Code / Title 74 / Section 74-110.2
Inventory records of departments, boards, etc
Status: in_force

The Office of Management and Enterprise Services may require

inventory records to be maintained at state departments, boards,

commissions, institutions, or agencies of the state, of all classes

of supplies, books, machinery, implements, tools, furniture,

livestock, and other apparatus as the Office deems necessary in

order to comply with the provisions of Section 110.1 of this title.
Okla. Stat. tit. 74, § 74-2007.3 — OK Code / Title 74 / Section 74-2007.3
Lieutenant Governor - Participation in international
Status: in_force

activities.

A. The Lieutenant Governor is hereby authorized to participate

in international activities related to the economic development of

this state.

B. The Lieutenant Governor may negotiate contracts related to

international activities, subject to the approval of the Governor.
Okla. Stat. tit. 74, § 74-78a — OK Code / Title 74 / Section 74-78a
Requisition of motor vehicles
Status: in_force

A. State agencies with authority to own motor vehicles shall

submit a requisition to the Director of the Office of Management and

Enterprise Services prior to acquisition of a motor vehicle. The

requisition shall state the type of vehicle, the intended purpose of

the vehicle, a statement that the agency has actual need for the

vehicle, the supplier of the vehicle, that the state agency has

sufficient funds to acquire and maintain the vehicle and cite the

statutory authority of the state agency to acquire a vehicle.

Oklahoma Statutes - Title 74. State Government Page 140

B. The Director of the Office of Management and Enterprise

Services shall review the requisition and approve or deny the

request of the state agency within fifteen (15) days of receipt.

C. The provisions of subsections A and B of this section shall

not apply to the Department of Public Safety, the Commissioners of

the Land Office, the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control or the Oklahoma Military Department.
Okla. Stat. tit. 74, § 74-5003.5 — OK Code / Title 74 / Section 74-5003.5
Chief Executive Officer of the Department of Commerce
Status: in_force

A. The Chief Executive Officer of the Oklahoma Department of

Commerce shall be appointed by the Oklahoma Department of Commerce

Board created in Section 4 of this act. The Chief Executive Officer

shall serve at the pleasure of the Board and shall continue to serve

until a successor is duly appointed and qualified. The salary of

the Chief Executive Officer shall be compensated in a manner that

compares equally to similar positions in the private sector. The

salary of the Chief Executive Officer shall not be set pursuant to

the standards provided in Section 3601.2 of this title.

B. The Chief Executive Officer shall be qualified for such

position by character, personality, ability, education, training and

Oklahoma Statutes - Title 74. State Government Page 1016

successful administrative experience in the public or private

sector. The Chief Executive Officer shall have experience that

includes, but is not limited to:

1. Economic development program leadership;

2. Business development leadership;

3. Senior-level board management and leadership;

4. Senior-level business and political engagement;

5. Leading business development or business recruitment teams;

6. Creating and implementing sector development strategies;

7. Branding and marketing leadership experience; and

8. Experience in recruiting companies to a state or community.

C. The Chief Executive Officer shall employ such persons as are

necessary to implement the powers and duties of the Department.

Because many of the powers and duties of the Department involve

working closely with the private sector, certain employee positions

of the Department shall be employed and compensated in a manner that

compares equally to similar positions in the private sector and

shall be exempt from the provisions of the Civil Service and Human

Capital Modernization Act. All other employees and positions shall

be subject to the provisions of the Civil Service and Human Capital

Modernization Act. Provided, nothing in this section shall be

construed to limit the authority of the Legislature to specify the

status of positions otherwise by law. Neither shall the Chief

Executive Officer have the authority to circumvent, disregard or

otherwise disobey specific provisions of law regarding positions in

the Department.

D. The Chief Executive Officer shall serve on the board of:

1. The Oklahoma Industrial Finance Authority;

2. The Oklahoma Development Finance Authority; and

3. The Oklahoma Ordnance Works Authority.

E. The Chief Executive Officer may serve as administrator of

any interlocal agreement or compact to pursue economic development

and to assign any employees of the Department or employee personnel

to carry out duties or obligations pursuant to any interlocal

agreement or compact for economic development.

F. The Chief Executive Officer, at his or her discretion, may

approve payment for affiliations or memberships of the Department

or, if necessary, associate memberships for individual employees in

international, national, or state economic development councils,

professional organizations, or governmental associations.
Okla. Stat. tit. 74, § 74-5062.30 — OK Code / Title 74 / Section 74-5062.30
Short title
Status: in_force

Sections 2 through 8 of this act shall be known and may be cited

as the “Military Base Protection and Expansion Incentive Act”.
Okla. Stat. tit. 74, § 74-7008 — OK Code / Title 74 / Section 74-7008
Reimbursement cost of administration of local campaigns -
Status: in_force

Limit.

The reimbursement cost for developing the charitable

contribution campaign materials, training the solicitors and the

overall administration of the campaign by the state principal

combined fund organization shall be no greater than ten percent

(10%) of the charitable contribution campaign proceeds or actual

cost, whichever is less. The cost shall be borne by each of the

federations or organizations proportionally. A charitable campaign

budget shall be presented to the Oversight Committee for State

Employee Charitable Contributions by the state principal combined

fund raising organization.
Okla. Stat. tit. 74, § 74-90.3 — OK Code / Title 74 / Section 74-90.3
Exemptions
Status: in_force

The traveling employees of the state shall be exempt from the

terms of this act while traveling on state business. The House of

Representatives and Senate of the Oklahoma State Legislature shall

be exempt from the terms of this act.
Okla. Stat. tit. 74, § 74-78f — OK Code / Title 74 / Section 74-78f
Compressed natural gas (CNG) fueling stations
Status: in_force

A. The Legislature declares that it is in the public interest

to promote public access to compressed natural gas (CNG) fueling

stations in the state.

B. It is the intent of the Legislature to increase the number

of public access CNG fueling stations located along the interstate

highway system in the state.

C. It shall be the goal to have at least one public CNG fueling

station located approximately every one hundred (100) miles along

the entire interstate highway system in the state by the year 2015.

The goal shall increase to at least one public CNG fueling station

approximately every fifty (50) miles by the year 2025.

D. The Office of Management and Enterprise Services through the

Fleet Management Division may take steps to meet the goal set forth

in this section by cooperating with or entering into partnership

agreements with private entities to construct the necessary CNG

fueling stations for use by the public, state agencies and political

subdivisions of the state. Any agreement to construct a CNG fueling

station pursuant to this section shall be subject to the public

bidding requirements as set forth in The Oklahoma Central Purchasing

Act.
Okla. Stat. tit. 74, § 74-62.3v1 — OK Code / Title 74 / Section 74-62.3v1
Duties of Director - Agency compliance - Availability of surplus property to political
Status: in_force

subdivisions, school districts, and nonprofit entities - Donation of property to law enforcementof surplus property to political subdivisions, school districts, and

nonprofit entities - Donation of property to law enforcement agency.

A. The Director of the Office of Management and Enterprise

Services shall promulgate rules for use by state agencies and the

Office of Management and Enterprise Services to dispose of surplus

property. The rules shall include standards for recordkeeping,

methods for removal or disposal of surplus property, and acquisition

Oklahoma Statutes - Title 74. State Government Page 123

by state agencies and authorized entities of surplus property, and

for Office management of surplus property programs.

B. A state agency selling, trading, redistributing or otherwise

disposing of surplus property shall comply with the rules

promulgated by the Director.

C. The Office shall make surplus property available to state

agencies and authorized entities, which shall include political

subdivisions, school districts, and nonprofit entities of this

state.

D. The provisions of the Oklahoma Surplus Property Act shall

not apply to institutions of higher education in this state, the

Oklahoma Historical Society, the University Hospitals Authority or

University Hospitals Trust or the Northeast Oklahoma Public

Facilities Authority. The Grand River Dam Authority shall be exempt

from the provisions of the Oklahoma Surplus Property Act for any

surplus property disposed of prior to November 1, 2006.

E. Notwithstanding the provisions of the Oklahoma Surplus

Property Act, the Oklahoma State Bureau of Investigation may,

pursuant to rules promulgated by the Oklahoma State Bureau of

Investigation Commission for that purpose, donate any surplus

property, as defined in Section 62.2 of this title, to any law

enforcement agency of any political subdivision of the State of

Oklahoma. The use of such donated equipment shall be limited to

valid and authorized law enforcement efforts by the receiving

agency.
Okla. Stat. tit. 74, § 74-250.6 — OK Code / Title 74 / Section 74-250.6
Salary rates of certain educational officers - Limits and conditions on salary and expense
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 13and conditions on salary and expense expenditures.

(a) It is the intent of the Legislature that the Oklahoma State

Regents for Higher Education establish a maximum annual salary for

the Chancellor for Higher Education and presidents of universities

and colleges. The maximum salary and expense allowance should not

exceed the salary and maintenance of Governor's Mansion established

for the Governor of the State of Oklahoma.

(b) State officers and employees shall not be paid any salary,

fee, wage, remuneration, expense allowance, or other compensation on

warrants issued by the State Treasurer except when claim for payment

is made on the prescribed payroll form of the agency for which

services are performed, except:

1. Reimbursement for travel expenses incurred on official state

business shall be made as provided by statute on approved travel

claims; and

2. Reimbursement for officials and employees of the state, for

miscellaneous emergency purchases or other purchases not available

through their agency's normal purchasing process, shall be on

approved miscellaneous claims. Provided, such reimbursements shall

Oklahoma Statutes - Title 74. State Government Page 394

be subject to the agency head's approval; must be accompanied by

evidence of payments; and the purchases must not otherwise be

restricted by state statutes. Reimbursements which exceed One

Hundred Dollars ($100.00) per claim shall include a written

statement of justification for the purchase as support documentation

for the claim.

Nothing in this section is intended to keep a state agency from

being reimbursed for services performed by employees of one agency

for another.

Nothing in this section shall affect the method of payment of

any expense allowance to any state officer or employee specifically

authorized by statute, or the payment to uniformed employees for

maintenance and cleaning of uniforms where the payment is made under

an accountable plan as defined by the Internal Revenue Service.
Okla. Stat. tit. 74, § 74-5003.7 — OK Code / Title 74 / Section 74-5003.7
Five-year economic development plan and updates
Status: in_force

A. The Oklahoma Department of Commerce shall prepare, with the

cooperation of the Oklahoma business community, agricultural

community, financial community, universities, labor, the state

executive and legislative branches, and the Oklahoma Workforce

Commission, a five-year economic development plan and annual updates

for this state.

1. The purpose of the plan shall be to identify significant

economic, social, and demographic trends which may have both short-

term and long-term impacts on the state and local economy and to

present strategies and recommendations that the state and local

political subdivisions might adopt to improve or stabilize the

economy.

2. The goals of the plan shall include the development of a

diversified state economy; the increase of employment; the maximum

use of federal, state and local funds to achieve the goals or

recommendations included in the plan; the maximum investment of

capital in the economy of the state; and the improvement of the

quality of life in the state.

3. The plan wherever possible shall make recommendations to

encourage intergovernmental cooperation and public and private

cooperation.

4. The plan shall include an economic development strategy for

the state that addresses target industries, site development, and

workforce needs to meet the state goals.

5. Copies of the plan and the annual updates shall be submitted

electronically to the Oklahoma Advisory Committee on

Intergovernmental Relations, the Governor, the Speaker of the House

of Representatives, the President Pro Tempore of the Senate and the

members of the Legislative Evaluation and Development Committee, as

created in Section 5090.1 of this title, and be made available to

the public on the Department’s website on the first day of each

legislative session.

6. The Department shall develop and manage a complete economic

information system which will support the five-year planning

process, and which will make available complete and timely

information on the state economy. The economic information system

Oklahoma Statutes - Title 74. State Government Page 1018

shall be operated by public or private Oklahoma universities or an

Oklahoma enterprise capable of providing such services in a cost-

effective manner.

B. The Chief Executive Officer of the Oklahoma Department of

Commerce shall present the strategic plan to the Oklahoma Department

of Commerce Board, as created in Section 4 of this act, for

approval.

C. The Department, in conjunction with the Oklahoma Development

Finance Authority, is authorized to develop an infrastructure

program which will enable political subdivisions of this state to

finance public works projects in order to modify or improve existing

public facilities for purposes of bringing such facilities, and the

operation thereof, into compliance with and maintaining compliance

with federal, state and local laws and regulations pertaining to the

protection of the public health and the environment.

D. The Chief Executive Officer shall develop an annual business

plan for the Department. The business plan shall include the need

and mission of each division of the Department created by law or the

Chief Executive Officer and an analysis of past costs and benefits

and future projected costs and benefits to the state of the programs

of each division of the Department. The business plan shall be

consistent with the goals of the recurring five-year plan specified

in this section. The Chief Executive Officer shall distribute

copies of the business plan by such means that will make it widely

available to communities, firms and local economic development

managers throughout this state.
Okla. Stat. tit. 74, § 74-85.12b — OK Code / Title 74 / Section 74-85.12b
Leasing, chartering or contracting for aircraft
Status: in_force

All agencies or departments of this state shall lease, charter

or contract for the use of any aircraft pursuant to the provisions

of the Oklahoma Central Purchasing Act, except for use of aircraft

owned and operated by another state agency.
Okla. Stat. tit. 74, § 74-150.9 — OK Code / Title 74 / Section 74-150.9
System of criminal history records - Fees for records or
Status: in_force

fingerprint analysis - Identification files on juveniles -

Penalties.

Oklahoma Statutes - Title 74. State Government Page 275

A. The Oklahoma State Bureau of Investigation shall procure,

file and maintain criminal history records for each person subject

to mandatory reporting as provided by law, including photographs,

descriptions, fingerprints, measurements and other pertinent

information relating to such persons. It shall be the duty of law

enforcement officers and agencies, sheriffs, police, courts,

judicial officials, district attorneys, and the persons in charge of

any state correctional facility or institution to furnish criminal

history records to the Bureau as required by Section 150.1 et seq.

of this title. The Oklahoma State Bureau of Investigation shall

cooperate with and assist the sheriffs, chiefs of police and other

law enforcement officers of the state by maintaining a complete

criminal history record on each person subject to mandatory

reporting as provided by law, and shall have on file the fingerprint

impressions of all such persons together with other pertinent

information as may from time to time be received from the law

enforcement officers of this and other states or as may be required

by law.

B. 1. The Oklahoma State Bureau of Investigation is authorized

to conduct and receive results of national criminal history record

checks for authorized purposes pursuant to Public Law 92-544, the

National Child Protection Act/Volunteers for Children Act (NCPA/VCA)

as amended, with or without a Volunteer and Employee Criminal

History System (VECHS) waiver program or any other federal

authorizing statute. The Oklahoma State Bureau of Investigation

shall only release the results of national criminal history record

checks to entities authorized to receive the results pursuant to

federal law.

2. Any state agency, board, department or commission or any

other person or entity authorized to request a criminal history

record or an analysis of fingerprints for commercial, licensing or

other purposes, except law enforcement purposes, shall conduct a

national criminal history records check on all persons of the entity

authorized to access or review national criminal history records

checks information by July 1, 2009, and within sixty (60) days

thereafter.

3. Each agency, person or entity authorized to request a

criminal history record or an analysis of fingerprints shall pay a

fee to the Bureau for each criminal history record or fingerprint

analysis as follows:

Oklahoma criminal history record only $15.00 each

Oklahoma criminal history record with

fingerprint analysis $19.00 each

National criminal history record with

fingerprint analysis $41.00 each

4. For purposes of this section, "a national criminal history

record check" means a check of criminal history records entailing

Oklahoma Statutes - Title 74. State Government Page 276

the fingerprinting of the individual and submission of the

fingerprints to the United States Federal Bureau of Investigation

(FBI) for the purpose of obtaining the national criminal history

record of the person from the FBI. A national criminal history

record check may be obtained only when a check is authorized or

required by state or federal law.

Agencies authorized by statute to conduct national criminal

history background checks for individuals are eligible to

participate in the Federal Rap Back Program administered by the

Oklahoma State Bureau of Investigation. The Oklahoma State Bureau

of Investigation is authorized to submit fingerprints to the FBI Rap

Back System to be retained in the FBI Rap Back System for the

purpose of being searched by future submissions to the FBI Rap Back

System, including latent fingerprint searches and to collect all

Federal Rap Back Program fees from eligible agencies wishing to

participate and remit such fees to the Federal Bureau of

Investigation.

5. Unless a national criminal history record is specifically

requested, a fingerprint analysis shall be limited to only those

records available at the Oklahoma State Bureau of Investigation.

Following receipt of the appropriate fee, the Bureau shall provide,

as soon as possible, the criminal history record requested;

provided, however, it shall be the duty and responsibility of the

requesting authority to evaluate the criminal history record as such

record may apply to a specific purpose or intent. An individual may

submit a certified court record showing that a charge was dismissed

or a certified copy of a gubernatorial pardon to the Oklahoma State

Bureau of Investigation, and upon verification of that record the

Bureau records shall reflect the dismissal of that charge.

C. The Oklahoma State Bureau of Investigation may maintain an

identification file, including fingerprint impressions, on any

person under eighteen (18) years of age who is arrested or subject

to criminal or juvenile delinquency proceedings, provided all such

information shall be confidential and shall only be made available

to the Bureau and other law enforcement agencies. Whenever a

fingerprint impression or other identification information is

submitted to the Bureau on a person under eighteen (18) years of

age, the Bureau may retain and file such fingerprint and

identification information for identification purposes only. The

Bureau shall ensure that the information received and maintained for

identification purposes on persons under eighteen (18) years of age

shall be handled and processed with great care to keep such

information confidential from the general public. The Bureau may

receive and maintain the fingerprints and other identification

information on any person under eighteen (18) years of age believed

to be the subject of a runaway, missing, or abduction investigation,

Oklahoma Statutes - Title 74. State Government Page 277

for identification purposes at the request of a parent, guardian or

legal custodian of the person.

D. Any person who knowingly procures, utters, or offers any

false, forged or materially altered criminal history record shall be

guilty of a Class D1 felony offense and upon conviction shall be

punished by imprisonment as provided for in subsections B through F

of Section 20N of Title 21 of the Oklahoma Statutes, or by a fine

not to exceed Five Thousand Dollars ($5,000.00), or by both such

fine and imprisonment.
Okla. Stat. tit. 74, § 74-85.45e — OK Code / Title 74 / Section 74-85.45e
Certification as minority business enterprise
Status: in_force

A. Any minority business enterprise that desires to participate

in the minority bid preference program and to bid upon any state

contract within the purview of the State Purchasing Director of the

Office of Management and Enterprise Services or any other state

contract to be let by any state agency not subject to The Oklahoma

Central Purchasing Act shall first apply to the State Purchasing

Director of the Office of Management and Enterprise Services for

certification.

Oklahoma Statutes - Title 74. State Government Page 190

B. The State Purchasing Director of the Office of Management

and Enterprise Services shall certify a business which meets the

eligibility requirement of this section to qualify as a minority

business enterprise. To qualify as a minority business enterprise,

the business shall:

1. Be a minority business enterprise;

2. Submit any documentary evidence required by the rules and

regulations of the Office of Management and Enterprise Services to

support its status as a minority business enterprise;

3. Sign an affidavit stating that it is a minority business

enterprise;

4. Be qualified to bid pursuant to the provisions of The

Oklahoma Central Purchasing Act; and

5. Present:

a. an application including the entire business history of

the operation,

b. birth certificates for all minority principals,

c. if Native American, tribal registration

card/certificate,

d. current resumes on all principals, key managers and

other key personnel,

e. a current financial statement,

f. proof of investment by principals,

g. loan agreements,

h. lease/rental agreement for space, equipment,

i. evidence of latest bond,

j. if the applicant is a sole proprietor, he shall also

include: a copy of a bank signature card,

k. if the applicant is a partnership a copy of the

partnership agreement shall also be included, and

l. if the applicant is a corporation it shall also

include: articles of organization, corporation bylaws,

copies of all stock certificates, minutes of the first

corporate organizational meeting, bank resolution on

all company accounts, and a copy of the latest U.S.

corporate tax return.

C. The State Purchasing Director of the Office of Management

and Enterprise Services shall prepare and maintain a list of

certified minority business enterprises.

D. The State Purchasing Director of the Office of Management

and Enterprise Services may deny certification to any minority

business enterprise in accordance with the provisions of this act

and the rules and regulations of the Office of Management and

Enterprise Services. Any person adversely affected by an order of

the State Purchasing Director of the Office of Management and

Enterprise Services denying certification as a minority business

Oklahoma Statutes - Title 74. State Government Page 191

enterprise may appeal as provided in the Administrative Procedures

Act.