Okla. Stat. tit. 74, § 74-500.18 — OK Code / Title 74 / Section 74-500.18
Provisions mandatory - Exemptions
Status: in_force

A. Except for members of the Legislature, the Governor and the

Lieutenant Governor, provisions of Sections 500.1 through 500.18 of

this title shall be mandatory for all officials and employees of all

departments, boards, commissions and institutions of the state,

regardless of the provisions of any other act of the Legislature,

except as provided by this section. The enactment of any measure in

the future providing for travel reimbursement of state officers and

employees on the basis of "actual and necessary" expenses or in any

other manner inconsistent with Sections 500.1 through 500.18 of this

title shall be deemed to provide for reimbursement in accordance

with Sections 500.1 through 500.18 of this title unless a contrary

intent is explicitly expressed in this section. Sections 500.1

through 500.18 of this title shall not apply, however, to travel

reimbursements made by political subdivisions of this state, except

as otherwise provided by law.

B. The agencies listed below are authorized certain exceptions

and/or exemptions to the provisions of Sections 500.1 through 500.18

of this title to the extent specified:

1. Oklahoma Department of Agriculture, Food, and Forestry:

a. The actual and reasonable expenses of travel and

subsistence in pursuing and developing markets for

Oklahoma agricultural products incurred by the

Commissioner, Deputy Commissioner and such employees

designated by the State Board of Agriculture within

the marketing development programs of the Oklahoma

Department of Agriculture, Food, and Forestry shall be

Oklahoma Statutes - Title 74. State Government Page 478

reimbursed to the employee incurring such expenses.

Reimbursement of such expenses shall be in accordance

with rules adopted by the Board. Expenses claimed

shall, prior to reimbursement, be reviewed by the

Board at a regular meeting and individually approved

or disapproved.

b. The actual and necessary expenses of out-of-state

travel and subsistence incurred by employees of the

Forestry Division authorized to evaluate and acquire

federal excess property or surplus property in other

states for use in its fire protection program shall be

reimbursed to the employee incurring such expenses.

2. Department of Public Safety:

When traveling with the Governor or at the Governor's request,

personnel assigned by the Commissioner for executive security and

pilots on executive assignment shall be allowed their actual and

necessary traveling expenses, upon claims approved by the

Commissioner.

3. Department of Corrections:

The Department of Corrections shall be exempt from limitations

of reimbursement for rented automobiles, as set forth in Section

500.5 of this title, when the rental is by a Correctional Officer or

Transportation Officer for the limited purpose of transporting

inmates. Reimbursement for the expense shall be on the basis of

actual cost.

4. Oklahoma Tourism and Recreation Department:

The Oklahoma Tourism and Recreation Commission and Department

staff who promote in-state and out-of-state business for Oklahoma's

state-operated or state-owned parks, lodges, and golf courses and

the tourism and recreation industry may be reimbursed for the actual

and necessary expense of travel, subsistence and entertainment for

this purpose. The Director of the Oklahoma Tourism and Recreation

Department may reimburse the Publisher of Oklahoma Today magazine

and its staff for expenses for meals and other entertainment in

order to gain advertising and promotion for Oklahoma Today magazine.

5. Oklahoma Department of Commerce:

a. The actual and necessary expenses incurred by the

Director and other employees of the Department

authorized by the Director for the purpose of business

recruitment shall be reimbursed. Reimbursement of

expenses shall be in accordance with rules adopted by

the Director of the Oklahoma Department of Commerce.

Expenses claimed shall, prior to reimbursement, be

reviewed by the Director and individually approved or

disapproved.

b. The Department, at the discretion of the Director, may

charter aircraft for the purposes of carrying out its

Oklahoma Statutes - Title 74. State Government Page 479

duties and responsibilities related to business

recruitment and performing the duties of the Director.

The cost of such charter shall be exempt from the

provisions of Section 500.6 of this title. Claims

filed with the Office of Management and Enterprise

Services shall bear the following certification:

The best interests of the citizens of Oklahoma were

better served in that conventional ground

transportation was not practical or feasible for this

trip, aircraft from the Department of Public Safety

were not available for this trip, and no other claim

has been or will be filed as a payment for the cost of

transportation in connection with this trip.

c. The Oklahoma Department of Commerce may reimburse the

Oklahoma Film and Music Office staff for the actual

and necessary expenses for meals and other

entertainment in order to promote the film and music

industries in this state. Reimbursement of all actual

and necessary expenses shall be in accordance with

rules adopted by the Oklahoma Department of Commerce.

6. Office of Management and Enterprise Services:

The actual and necessary expenses of travel and subsistence

incurred by the Director, any state employee approved by his or her

appointing authority, or state officials, for travel outside the

state in performance of duties related to bond financing shall be

reimbursed to the employee or state official incurring such

expenses. Reimbursement for lodging expenses shall be supported by

three telephone bids from hotels within a reasonable distance of the

activity for which the travel was approved.

7. Oklahoma Futures:

The actual and necessary expenses incurred by the members of

Oklahoma Futures in the performance of their duties shall be

reimbursed to the members incurring such expenses. Reimbursement of

all actual and necessary expenses shall be in accordance with rules

adopted by Oklahoma Futures.

8. Oklahoma Development Finance Authority:

The actual and necessary expenses incurred by the members and

employees of the Oklahoma Development Finance Authority in the

performance of their duties shall be reimbursed to the person

incurring such expenses. Reimbursement of all actual and necessary

expenses shall be in accordance with the bylaws of the Authority.

9. Oklahoma Center for the Advancement of Science and

Technology:

The actual and necessary expenses incurred by the members and

employees of the Oklahoma Center for the Advancement of Science and

Technology in the performance of their duties shall be reimbursed to

the person incurring such expenses. Reimbursement of all actual and

Oklahoma Statutes - Title 74. State Government Page 480

necessary expenses shall be in accordance with the bylaws of the

Center.

10. Center for International Trade Development:

The actual and necessary expenses of travel, lodging and

subsistence incurred by the Director and authorized employees of the

Center for International Trade Development for performance of their

duties for the purpose of business recruitment and assistance shall

be reimbursed to the person incurring such expenses. Reimbursement

of such expenses shall be in accordance with the rules adopted by

the Director of the Center for International Trade Development.

Expenses claimed shall be reviewed and individually approved or

disapproved, prior to reimbursement, first by the Director, and

finally by either the Vice President, Business and Finance of

Oklahoma State University or the President of Oklahoma State

University.

11. Oklahoma State Bureau of Investigation:

The actual and necessary expenses incurred by the Director and

other employees of the Bureau authorized by the Director as a result

of conducting investigations shall be reimbursed to each such

employee incurring the expenses. Reimbursement of the expenses

shall be in accordance with rules adopted by the Director of the

Oklahoma State Bureau of Investigation. Prior to reimbursement,

expenses claimed shall be reviewed by the Director and individually

approved or disapproved.

12. Department of Human Services:

The actual and necessary expenses of travel, lodging and

subsistence incurred by employees of the Legal Division in the

performance of their duties for the purpose of representing the

Department of Human Services or any of its officials, employees,

institutions or hospitals at any proceeding including depositions,

held before any court, administrative body or representative

thereof, shall be reimbursed to the employee incurring such

expenses. Expenses claimed shall be approved by the General Counsel

and the Director of Human Services prior to reimbursement.

13. Oklahoma Health Care Authority:

The actual and necessary expenses of travel, lodging and

subsistence incurred by employees of the Legal Division in the

performance of their duties for the purpose of representing the

Authority or any of its officials or employees, at any proceeding

including depositions, held before any court, administrative body or

representative thereof, shall be reimbursed to the employee

incurring such expenses. Expenses claimed shall be approved by the

Administrator prior to reimbursement.

14. Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control:

The actual and necessary expenses incurred by the Director and

other employees of the Bureau authorized by the Director as a result

Oklahoma Statutes - Title 74. State Government Page 481

of conducting investigations shall be reimbursed to each employee

incurring the expenses. Reimbursement of the expenses shall be in

accordance with rules adopted by the Director of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control. Prior to

reimbursement, expenses claimed shall be reviewed by the Director

and individually approved or disapproved.

15. University Hospitals:

The actual and necessary expenses of travel, lodging and

subsistence incurred by employees of the Legal Office in the

performance of their duties for the purpose of representing the

University Hospitals or any of its officials, employees,

institutions or hospitals at any proceeding including depositions,

held before any court, administrative body or representative

thereof, shall be reimbursed to the employee incurring such

expenses. Expenses shall be approved by the Chief Executive Officer

of the University Hospitals or by the University Hospitals

Authority.

16. Oklahoma Historical Society:

The actual and necessary expenses of travel, subsistence and

entertainment incurred by the Executive Director, Deputy Director

and any employees designated by the Executive Committee of the

Oklahoma Historical Society Board of Directors in pursuing and

developing programs and projects for the preservation and marketing

of Oklahoma history shall be reimbursed to the person incurring the

expenses. Reimbursement of expenses shall be in accordance with

rules adopted by the Oklahoma Historical Society Board of Directors.

Prior to reimbursement, expenses claimed shall be reviewed by the

Executive Committee at a regularly scheduled meeting and each claim

shall be individually approved or disapproved.

17. The Oklahoma Department of Mines:

The actual and necessary expenses of travel, lodging and

subsistence incurred by employees of the Department in the

performance of their duties for the purpose of representing the

Department or any of its officials or employees, at any proceeding,

hearing or meeting with federal agencies, boards, commissions,

congressional representatives, congressional committees or staff,

shall be reimbursed to the employee incurring such expenses.

Expenses claimed shall be approved by the Executive Director prior

to reimbursement.

18. The Office of Attorney General:

The actual and necessary expenses of travel, lodging and

subsistence incurred by its employees in the performance of their

duties for the purpose of representing the state, the Legislature,

any state board, agency or commission, or any employee or official

of the state entitled to representation, at any proceeding including

depositions, held before any court, administrative body or any

representative thereof, and the actual and necessary expenses

Oklahoma Statutes - Title 74. State Government Page 482

incurred by employees as a result of conducting investigations shall

be reimbursed to the employee incurring the expenses. The expenses

shall be approved by the Attorney General prior to reimbursement.

19. District Attorneys Council:

The actual and necessary expenses of travel, lodging and

subsistence incurred by each district attorney and other employees

of the district attorney authorized by the district attorney in the

performance of their duties for any district other than the district

for which they are employed for the purpose of representing the

state, any county, or any employee or official of the state entitled

to representation at any proceeding including depositions held

before any court, administrative body or any representative of a

court or administrative body, and the actual and necessary expenses

incurred as a result of conducting investigations shall be

reimbursed to each employee incurring the expenses. Reimbursement

of the expenses shall be in accordance with rules adopted by the

District Attorneys Council. Prior to reimbursement, expenses

claimed shall be reviewed by the Council and individually approved

or disapproved.

20. The Department of Securities:

The actual and necessary expenses of travel, lodging and

subsistence incurred by the Administrator and other employees of the

Department of Securities in the performance of their duties for the

purpose of representing the Department of Securities, at any

proceeding including depositions, held before any court,

administrative body or any representative thereof, conducting on-

site examinations, or conducting investigations, shall be reimbursed

to each employee incurring the expenses. The expenses shall be

approved by the Administrator of the Department of Securities prior

to reimbursement.

21. Corporation Commission:

The actual and necessary travel expenses incurred by the staff

of the Public Utility Division as a result of conducting audits

and/or reviews of utility service providers shall be reimbursed to

each employee incurring the expense. Reimbursement of the expenses

shall be as set forth in procedures established by the appointing

authority.

22. The Department of Human Services:

Employees of the Department of Human Services may be reimbursed

for their actual and necessary expenses of travel, lodging and meals

and incidentals incurred in the performance of their duties for the

purpose of escorting and transporting children or adults in the care

or custody of the Department, subject to approval by the Department:

a. for out-of-state visitation, care, treatment and

placement of a child welfare client,

b. for out-of-state treatment for or placement of an

adult protective services client,

Oklahoma Statutes - Title 74. State Government Page 483

c. for out-of-state treatment for or placement of a

resident of a state resource center,

d. for out-of-state treatment for or placement of an

individual with a developmental disability who is

living in the community in community residential

services, or

e. for meals and incidental expenses necessary for the

care of children or adults in the care or custody of

the Department.

Expenses claimed shall be approved by the appropriate Division

Director or Deputy prior to reimbursement.

23. The Banking Department:

The actual and necessary expenses of travel and lodging incurred

by the Commissioner and other employees of the Banking Department in

the performance of their duties for the Banking Department shall be

paid or reimbursed by the Banking Department to each employee

incurring the expenses. The expenses shall be approved by the

Banking Commissioner prior to payment or reimbursement.

24. Oklahoma Office of Homeland Security:

The actual and necessary expenses of travel, lodging, and

subsistence incurred by the Oklahoma Homeland Security Director, as

a result of the duties and responsibilities of the Director, shall

be paid or reimbursed by the Oklahoma Office of Homeland Security.

25. The Grand River Dam Authority:

The actual and necessary expenses of travel and lodging incurred

by the Board of Directors and other employees of the district in the

performance of their duties for the Grand River Dam Authority shall

be paid or reimbursed by the district to each Director or employee

incurring the expenses. The expenses shall be approved by the

General Manager of the Grand River Dam Authority prior to payment or

reimbursement.

26. The Native American Cultural and Educational Authority:

The actual and necessary expenses incurred by the Directors and

employees of the Native American Cultural and Educational Authority

in performances of duties. The expenses shall be approved by the

Director prior to payment or reimbursement.

27. Oklahoma Department of Career and Technology Education:

The actual and necessary expenses incurred by the Director and

other employees of the Department, authorized by the Director, for

the purpose of business recruitment, training, and the provision of

technical assistance shall be reimbursed. Reimbursement of expenses

shall be in accordance with rules adopted by the State Board of

Career and Technology Education. Expenses claimed, prior to the

reimbursement, will be reviewed by the Board and individually

approved or disapproved.

28. Oklahoma Military Department:

Oklahoma Statutes - Title 74. State Government Page 484

The actual and necessary travel expenses incurred by the

Director, other employees of the Department and persons performing

substantial and necessary services to the state in support of the

Oklahoma National Guard shall be reimbursed to the individual

incurring such expenses. The expenses claimed shall be approved by

the Director or Chief Financial Officer prior to reimbursement.

C. The agencies listed in subsection B of this section shall be

required to report annually the actual expenses excepted or exempted

from Sections 500.1 through 500.18 of this title to the Governor,

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

House of Representatives. The report shall be submitted no later

than the first day of September following the end of each fiscal

year.
Okla. Stat. tit. 74, § 74-664.1 — OK Code / Title 74 / Section 74-664.1
Refund of erroneous collections
Status: in_force

The Secretary of State may refund any monies received due to an

erroneous collection. As used in this section, “erroneous

collection” means:

1. A transaction filed by the Office of the Secretary of State

and later found to be improper;

2. A transaction filed with the Office of the Secretary of

State by a customer and the customer, within forty-five (45) days of

the filing of the transaction, determines the transaction contains a

mistake, corrects the mistake, and requests a refund;

3. A transaction in which the customer requests a refund the

same day of payment and the customer presents the receipt as

evidence of payment; or

4. An overpayment which has been accepted by the Office of the

Secretary of State.

Oklahoma Statutes - Title 74. State Government Page 500
Okla. Stat. tit. 74, § 74-452.8 — OK Code / Title 74 / Section 74-452.8
Proposals for use of federal monies - Public hearings
Status: in_force

A. The Legislature may hold public hearings on the proposals

submitted by state agencies, boards and commissions including those

established by statute or Constitution for use of federal monies.

B. Prior to any public hearing on a proposal by the Joint

Committee on Federal Funds, ten copies of each proposal shall be

filed with the Speaker of the House of Representatives and the

President Pro Tempore of the Senate. Additional complete copies

shall be provided to the Legislature and individuals by the

agencies, boards and commissions at no charge.

C. The Speaker of the House of Representatives and President

Pro Tempore of the Senate may refer proposals to the Joint Committee

on Federal Funds or other committees of the Legislature for public

hearings. Said committees may take facts and make findings and

recommendations on the proposals regarding the use and distribution

of federal monies as provided by the plans.

D. If a proposal is referred to committees of the Legislature

other than the Joint Committee on Federal Funds, such committees, by

August 1, may make written reports regarding their findings and

recommendations and submit such reports to the Joint Committee on

Federal Funds. Said reports shall include a summary of public

comments received through written or oral testimony during public

hearings if a public hearing had been conducted. Where appropriate,

Oklahoma Statutes - Title 74. State Government Page 446

the report may recommend amendments to the proposals for

consideration by the Joint Committee on Federal Funds.

E. The Joint Committee on Federal Funds may hold further public

hearings on the proposals.
Okla. Stat. tit. 74, § 74-914 — OK Code / Title 74 / Section 74-914
Retirement
Status: in_force

A. The normal retirement date for a member of the Oklahoma

Public Employees Retirement System shall be as defined in Section

902 of this title, provided members employed on or after January 1,

1983, shall have six (6) or more years of full-time-equivalent

employment with a participating employer before receiving any

retirement benefits or if the member is a legislative session

employee of the Legislature, shall have three (3) or more years of

full-time-equivalent employment with a participating employer before

receiving any retirement benefits. In no event shall a normal

retirement date for a member be before six (6) months after the

entry date of the participating employer by whom he or she is

employed.

B. A member may be employed beyond the normal retirement date

by the appointing authority of the participating employer. However,

the member may not receive retirement pay so long as the member

continues employment under this act. Any member who has terminated

employment with a participating employer prior to the month

immediately preceding said member's normal retirement date must

elect a vested benefit pursuant to Section 917 of this title before

receiving any retirement benefits.

Oklahoma Statutes - Title 74. State Government Page 661

C. Notice for retirement shall be filed through the retirement

coordinator for the participating employer in such form and manner

as the Board shall prescribe; provided, that such notice for

retirement shall be filed with the office of the retirement system

at least sixty (60) days prior to the date selected for the member's

retirement; provided further, that the Executive Director may waive

the sixty-day notice for good cause shown as defined by the Board.

1. The participating employer shall provide the System with the

following information for a retiring member, no later than the

fifteenth day of the month of retirement: last day physically on

the job; last day on payroll; and final unused sick leave balance.

2. Failure to submit this information by the deadline, or

errors in submitted information that result in a disqualification of

retirement eligibility shall be the responsibility of the

participating employer. In cases where the error results in

disqualification of retirement eligibility, it is the participating

employer's responsibility to reemploy the member, or retain the

member on the payroll, for time period required to reach

eligibility, not exceeding two (2) months.

D. No retirement benefits shall be payable to any member until

the first day of the month following the termination of the member's

employment with any participating employer. The type of retirement

benefit selected by a member may not be changed on or after the

effective date of the member's retirement. Receipt of workers'

compensation benefits shall in no respect disqualify the retiree for

benefits.

E. If a retiree should be elected or appointed to any position

or office for which compensation for service is paid from levies or

taxes imposed by the state or any political subdivision thereof, the

retiree shall not receive any retirement benefit for any month for

which the retiree serves in such position or office after the

retiree has received compensation in a sum equal to the amount

allowable as wages or earnings by the Social Security Administration

in any calendar year. This subsection shall not apply to service

rendered by a retiree as a juror, as a witness in any legal

proceeding or action, as an election board judge or clerk, or in any

other office or position of a similar nature, or to an employer that

is not a participating employer. Provided, further, that any

participating employer who is employing such a retiree shall make

proper written notification to the System informing it of the

beginning date of such retiree's employment and the date such

retiree reaches the maximum compensation allowed by this section in

the calendar year. Any retiree returning to work for a

participating employer shall make contributions to the System and

the employer shall do likewise. All retirees who have returned to

employment and participation in the System following retirement

Oklahoma Statutes - Title 74. State Government Page 662

shall have post-retirement benefits calculated on one of the

following methods:

1. All service accumulated from date of reemployment shall be

computed based on the benefit formula applicable at that time and

the additional benefits shall be added to the previous benefits.

Such additional benefits shall be calculated each year based upon

additional service accrued from July 1 to June 30 of the previous

year and the additional benefit, if any, will be added to the

retiree's monthly benefit beginning January 1, 2000, and each

January 1 thereafter. However, the post-retirement service credit

shall be cumulative, beginning with service credit accrued after the

date of retirement, provided that the retiree has not received a

distribution of the post-retirement contributions.

2. Any retiree who returns to employment with a participating

employer may elect not to receive any retirement benefits while so

reemployed. If such an election is made and reemployment is for a

minimum period of thirty-six (36) consecutive months, all service

accumulated from date of reemployment shall be participating

service. For purposes of determining the retirement benefits of

such a member upon the termination of such reemployment all

creditable service of the member shall be computed based on the

benefit formula applicable at the time of termination of such

reemployment. Provided, a retiree who became reemployed prior to

July 1, 1982, and who is reemployed for a minimum of thirty-six (36)

consecutive months shall have all the creditable service of such

retiree computed based on the benefit formula applicable at the time

of termination of such reemployment if the retiree elects not to

receive retirement benefits prior to such termination of

reemployment. A retiree who has waived receipt of the monthly

benefit, but is not reemployed for the full thirty-six (36)

consecutive months, shall upon termination of such reemployment have

only the additional amount added to his or her benefit as if they

had not waived the benefit as provided in paragraph 1 of this

subsection.

3. All post-retirement additional benefits shall be calculated

using actual hours worked as well as the actual compensation

received and upon which contributions are paid. Post-retirement

service is not subject to the partial year round-up provisions of

subsection C of Section 913 of this title.

4. A retired member who returns to work for a participating

employer pursuant to this section shall be bound by the election

made pursuant to paragraph (2) of subsection A of Section 915 of

this title if the member had made such election prior to retirement.

If the member had not made such election prior to retirement, the

member may do so during the member's reemployment with a

participating employer pursuant to this section. A retired member

may not be rehired by their former employer, nor may the retired

Oklahoma Statutes - Title 74. State Government Page 663

member be permitted to enter into an employment contract of any kind

with a former employer, for a period of one (1) year after the

retired member ended his or her employment with the former employer

unless the retired member waives his or her benefit under paragraph

2 of this subsection and returns as a bona fide employee.

F. Except as otherwise provided by subsection G of this

section, any member may elect to retire before his or her normal

retirement date on the first day of any month coinciding with or

following the attainment of age fifty-five (55), provided such

member has completed ten (10) years of participating service, but in

no event before six (6) months after the entry date. Any member who

shall retire before the normal retirement date shall receive an

annual retirement benefit adjusted in accordance with the following

percentage schedule:

Percentage of Normal

Age Retirement Benefit

62 100.00%

61 93.33%

60 86.67%

59 80.00%

58 73.33%

57 66.67%

56 63.33%

55 60.00%

G. Any member whose first participating service occurs on or

after November 1, 2011, may elect to retire before his or her normal

retirement date on the first day of any month coinciding with or

following the attainment of age sixty (60), provided such member has

completed ten (10) years of participating service, but in no event

before six (6) months after the entry date. Any member who shall

retire before the normal retirement date shall receive an annual

retirement benefit adjusted in accordance with the following

percentage schedule:

Percentage of Normal

Age Retirement Benefit

65 100.00%

64 93.33%

63 86.67%

62 80.00%

61 73.33%

60 66.67%
Okla. Stat. tit. 74, § 74-85.45s — OK Code / Title 74 / Section 74-85.45s
Rules
Status: in_force

The Director of the Office of Management and Enterprise Services

shall promulgate rules to implement the Oklahoma Online Bidding Act.
Okla. Stat. tit. 74, § 74-85.58H — OK Code / Title 74 / Section 74-85.58H
Limited indemnity coverage for errors and omissions
Status: in_force

liability risks - Licensed operators and employees.

A. Upon written certification by the Director of the Office of

Management and Enterprise Services that errors and omissions

liability insurance for licensed operators and their employees is

not reasonably available in the private market at competitive rates,

after taking into account the administrative costs associated with

such insurance, the Risk Management Administrator pursuant to

Section 85.58A of this title may obtain or provide limited indemnity

coverage for licensed operators and the employees who are employed

by such licensed operators for any errors and omissions liability

risks arising from the performance of their official duties pursuant

to law. Any such certification by the Director of the Office of

Management and Enterprise Services shall be effective for a period

of two (2) years. Any such limited indemnity coverage shall be

obtained or provided solely from funds available in the shared risk

pool authorized by this section and subject to the limitations set

out herein. The Risk Management Administrator shall establish

liability limits for such errors and omissions coverage on an annual

basis. Any such limits shall be based on the liquidity of the

shared risk pool resulting from the annual payments made pursuant to

subsection C of this section and any interest accrued thereon, after

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

administrative expenses associated with administering the pool.

B. The Risk Management Administrator is authorized to determine

eligibility criteria for participation in the Risk Management

Program for such licensed operators and employees of such licensed

operators. Any limited indemnity coverage provided for errors and

omissions pursuant to the provisions of this subsection shall only

cover errors or omissions made by a licensed operator or any

employee of such licensed operator occurring after July 1, 1990.

C. Except as otherwise provided in subsection G of this

section, licensed operators shall be required to make annual

payments of Forty Dollars ($40.00) per licensed operator and Forty

Dollars ($40.00) per employee of the licensed operator for such

limited indemnity coverage. The Risk Management Administrator is

Oklahoma Statutes - Title 74. State Government Page 216

authorized to assess an additional payment per year, not to exceed

Forty Dollars ($40.00) per licensed operator and per employee of

such licensed operator, if the shared risk pool resulting from the

payment of the fees made pursuant to this subsection is not adequate

to cover any liability incurred.

D. Requests for the limited indemnity coverage provided

pursuant to the provisions of this section shall be submitted in

writing to the Risk Management Administrator by the licensed

operators.

E. All fees collected in accordance with the provisions of this

section shall be deposited in the Oklahoma Licensed Operator

Indemnity Fund.

F. In providing risk management services for any licensed

operator or employee of such licensed operator, it is the intention

of the Legislature to provide limited indemnification of licensed

operators or employees of such licensed operators for errors and

omissions, solely to the extent of assets in the shared risk pool

created by this section. The State of Oklahoma is not liable,

directly or indirectly, for the errors and omissions of any licensed

operator or any employee of such licensed operator in the

performance of official duties pursuant to law. The Risk Management

Administrator shall determine the extent of indemnification for

losses incurred by any such licensed operator or employee of such

licensed operator based upon the liquidity of the shared risk pool.

G. The Risk Management Administrator is authorized to establish

a system under which the extent of indemnity coverage may be

extended or reduced based upon an increase or decrease in the amount

of the payment required in subsection C of this section. Said

system shall only be established when the liquidity of the shared

risk pool is such that the system is feasible in the judgment of the

Administrator. Upon establishment of such a system, a licensed

operator may elect to increase or decrease the amount of the payment

required in subsection C of this section and correspondingly extend

or reduce coverage for losses incurred by the licensed operator or

employee of such licensed operator.
Okla. Stat. tit. 74, § 74-909.1 — OK Code / Title 74 / Section 74-909.1
Duties of Board - Investments - Liability insurance -
Status: in_force

Investment managers - Custodial services - Reports.

Oklahoma Statutes - Title 74. State Government Page 624

A. The Oklahoma Public Employees Retirement System Board of

Trustees shall discharge their duties with respect to the System

solely in the interest of the participants and beneficiaries and:

1. For the exclusive purpose of:

a. providing benefits to participants and their

beneficiaries, and

b. defraying reasonable expenses of administering the

System;

2. With the care, skill, prudence, and diligence under the

circumstances then prevailing that a prudent person acting in a like

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

an enterprise of a like character and with like aims;

3. By diversifying the investments of the System so as to

minimize the risk of large losses, unless under the circumstances it

is clearly prudent not to do so; and

4. In accordance with the laws, documents and instruments

governing the System.

B. The Board of Trustees may procure insurance indemnifying the

members of the Board of Trustees from personal loss or

accountability from liability resulting from a member's action or

inaction as a member of the Board of Trustees.

C. The Board of Trustees may establish an investment committee.

The investment committee shall be composed of not more than five (5)

members of the Board of Trustees appointed by the chairman of the

Board of Trustees. The committee shall make recommendations to the

full Board of Trustees on all matters related to the choice of

custodians and managers of the assets of the System, on the

establishment of investment and fund management guidelines, and in

planning future investment policy. The committee shall have no

authority to act on behalf of the Board of Trustees in any

circumstances whatsoever. No recommendation of the committee shall

have effect as an action of the Board of Trustees nor take effect

without the approval of the Board of Trustees as provided by law.

D. The Board of Trustees shall retain qualified investment

managers to provide for the investment of the monies of the System.

The investment managers shall be chosen by a solicitation of

proposals on a competitive bid basis pursuant to standards set by

the Board of Trustees. Subject to the overall investment guidelines

set by the Board of Trustees, the investment managers shall have

full discretion in the management of those monies of the System

allocated to the investment managers. The Board of Trustees shall

manage those monies not specifically allocated to the investment

managers. The monies of the System allocated to the investment

managers shall be managed by the investment managers, which may

include selling investments and realizing losses if such action is

considered advantageous to longer term return maximization. Because

of the total return objective, no distinction shall be made for

Oklahoma Statutes - Title 74. State Government Page 625

management and performance evaluation purposes between realized and

unrealized capital gains and losses.

E. Funds and revenues for investment by the investment managers

or the Board of Trustees shall be placed with a custodian selected

by the Board of Trustees. The custodian shall be a bank or trust

company offering pension fund master trustee and master custodial

services. The custodian shall be chosen by a solicitation of

proposals on a competitive basis pursuant to standards set by the

Board of Trustees. In compliance with the investment policy

guidelines of the Board of Trustees, the custodian bank or trust

company shall be contractually responsible for ensuring that all

monies of the System are invested in income-producing investment

vehicles at all times. If a custodian bank or trust company has not

received direction from the investment managers of the System as to

the investment of the monies of the System in specific investment

vehicles, the custodian bank or trust company shall be contractually

responsible to the Board of Trustees for investing the monies in

appropriately collateralized short-term interest-bearing investment

vehicles.

F. By November 1, 1988, and prior to August 1 of each year

thereafter, the Board of Trustees shall develop a written investment

plan for the System.

G. The Board of Trustees shall compile a quarterly financial

report of all the funds of the System on a fiscal year basis. The

report shall be compiled pursuant to uniform reporting standards

prescribed by the Oklahoma State Pension Commission for all state

retirement systems. The report shall include several relevant

measures of investment value, including acquisition cost and current

fair market value with appropriate summaries of total holdings and

returns. The report shall contain combined and individual rate of

returns of the investment managers by category of investment, over

periods of time. The Board of Trustees shall include in the

quarterly reports all commissions, fees or payments for investment

services performed on behalf of the Board. The report shall be

distributed to the Governor, the Oklahoma State Pension Commission,

the Speaker of the House of Representatives and the President Pro

Tempore of the Senate. In lieu of compiling and distributing the

quarterly report, the Board may provide the Pension Commission with

direct access to the same data from the custodian bank for the

System.

H. After July 1 and before December 1 of each year, the Board

of Trustees shall publish widely an annual report presented in

simple and easily understood language pursuant to uniform reporting

standards prescribed by the Oklahoma State Pension Commission for

all state retirement systems. The report shall be submitted to the

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

Pro Tempore of the Senate, the Oklahoma State Pension Commission and

Oklahoma Statutes - Title 74. State Government Page 626

the members of the System. The annual report shall cover the

operation of the System during the past fiscal year, including

income, disbursements, and the financial condition of the System at

the end of the fiscal year. The annual report shall also contain

the information issued in the quarterly reports required pursuant to

subsection G of this section as well as a summary of the results of

the most recent actuarial valuation to include total assets, total

liabilities, unfunded liability or over funded status, contributions

and any other information deemed relevant by the Board of Trustees.

The annual report shall be written in such a manner as to permit a

readily understandable means for analyzing the financial condition

and performance of the System for the fiscal year.

I. The Board shall distribute the corpus and income of the

System to the members and their beneficiaries in accordance with the

System's laws and rules and regulations. At no time prior to the

satisfaction of all liabilities with respect to members and their

beneficiaries shall any part of the corpus and income be used for,

or diverted to, purposes other than the exclusive benefit of the

members and their beneficiaries.
Okla. Stat. tit. 74, § 74-871 — OK Code / Title 74 / Section 74-871
Purpose - Regulations governing lending
Status: in_force

The Legislature hereby declares that the purpose of this act,

and of House Joint Resolution 514 of the Twenty-ninth Legislative

Session, is to carry out the constitutional mandate in Section 34,

Article X, wherein the Legislature is required to enact appropriate

and needful legislation establishing safeguards and regulations

governing the lending of funds for industrial development purposes

which it considers necessary to the vitalization of said

constitutional amendment and helpful in assisting with the state's

industrial development.
Okla. Stat. tit. 74, § 74-5208.1 — OK Code / Title 74 / Section 74-5208.1
Renumbered as § 518 of Title 3 by Laws 2025, c. 274, §
Status: in_force

25, eff. July 1, 2025.
Okla. Stat. tit. 74, § 74-1735.2 — OK Code / Title 74 / Section 74-1735.2
Reimbursement of license fees
Status: in_force

The Oklahoma Department of Veterans Affairs may pay fees for

employees to maintain licenses and certification required to provide

quality care and maintain accreditation at Department institutions.

The Department may require repayment of such fees pursuant to

paragraph 2 of Section 2 of this act.
Okla. Stat. tit. 74, § 74-326.6 — OK Code / Title 74 / Section 74-326.6
Violation of act – Penalties – Forfeiture – Action by
Status: in_force

Fire Marshal or Attorney General.

A. A manufacturer, wholesale dealer, agent or any other person

or entity who knowingly sells or offers to sell cigarettes, other

than through retail sale, in violation of Section 3 of this act,

shall be subject to a civil penalty not to exceed Five Hundred

Dollars ($500.00) for each pack of such cigarettes sold or offered

for sale; provided, that in no case shall the penalty against any

such person or entity exceed One Hundred Thousand Dollars

($100,000.00) during any thirty-day period.

B. A retail dealer who knowingly sells or offers to sell

cigarettes in violation of Section 3 of this act shall be subject to

a civil penalty not to exceed Five Hundred Dollars ($500.00) for

each pack of such cigarettes sold or offered for sale; provided,

that in no case shall the penalty against any retail dealer exceed

Twenty-five Thousand Dollars ($25,000.00) for sales or offers to

sell during any thirty-day period.

C. In addition to any penalty prescribed by law, any

corporation, partnership, sole proprietor, limited partnership or

association engaged in the manufacture of cigarettes that knowingly

makes a false certification pursuant to Section 4 of this act shall

be subject to a civil penalty of at least Seventy-five Thousand

Dollars ($75,000.00) and not to exceed Two Hundred Fifty Thousand

Dollars ($250,000.00) for each such false certification.

D. Any person violating any other provision in this act shall

be subject to a civil penalty for a first offense not to exceed One

Oklahoma Statutes - Title 74. State Government Page 432

Thousand Dollars ($1,000.00), and for a subsequent offense subject

to a civil penalty not to exceed Five Thousand Dollars ($5,000.00)

for each such violation.

E. Any cigarettes that have been sold or offered for sale that

do not comply with the performance standard required by Section 3 of

this act shall be considered contraband and subject to forfeiture.

Cigarettes forfeited pursuant to this section shall be destroyed;

provided, however, that prior to the destruction of any cigarette

forfeited pursuant to these provisions, the true holder of the

trademark rights in the cigarette brand shall be permitted to

inspect the cigarette.

F. In addition to any other remedy provided by law, the State

Fire Marshal or Attorney General may file an action in the court of

competent jurisdiction for a violation of this act, including

petitioning for injunctive relief or to recover any costs or damages

suffered by the state because of a violation of this act, including

enforcement costs relating to the specific violation and attorney

fees. Each violation of this act or of rules adopted under this act

constitutes a separate civil violation for which the State Fire

Marshal or Attorney General may obtain relief.

G. Whenever any law enforcement personnel or duly authorized

representative of the State Fire Marshal shall discover any

cigarettes that have not been marked in the manner required by

Section 5 of this act, such personnel are hereby authorized and

empowered to seize and take possession of such cigarettes. Such

cigarettes shall be turned over to the Tax Commission, and shall be

forfeited to the state. Cigarettes seized pursuant to this section

shall be destroyed; provided, however, that prior to the destruction

of any cigarette seized pursuant to these provisions, the true

holder of the trademark rights in the cigarette brand shall be

permitted to inspect the cigarette.
Okla. Stat. tit. 74, § 74-3403 — OK Code / Title 74 / Section 74-3403
Giving of kickback by holder of contract prohibited
Status: in_force

No person, holding a contract with the state for the furnishing

of goods or services of any kind, shall give or offer to give a

kickback to any person holding a higher tier contract with the state

or to any state employee.
Okla. Stat. tit. 74, § 74-4108 — OK Code / Title 74 / Section 74-4108
Application of act
Status: in_force

The provisions of Sections 4101 through 4107 of this title shall

apply to all modifications in the structure or decor of the Capitol

and the Governor's Mansion except for those immediate emergency

repairs needed to prevent loss or damage to property or to protect

the public during use of the building.
Okla. Stat. tit. 74, § 74-1901 — OK Code / Title 74 / Section 74-1901
Renumbered as § 2286 of Title 74 by Laws 2005, c. 363, §
Status: in_force

89, eff. Nov. 1, 2005.
Okla. Stat. tit. 74, § 74-130.8 — OK Code / Title 74 / Section 74-130.8
Pricing and selling of transportation fuels not to be
Status: in_force

regulated by governmental entity.

The price and sale of natural gas, methanol, electricity, "M-

85", and biodiesel utilized as a transportation fuel in a motor

vehicle shall not be regulated by any governmental entity within

this state.
Okla. Stat. tit. 74, § 74-85.44B — OK Code / Title 74 / Section 74-85.44B
Payment for goods or services pursuant to contract
Status: in_force

A. Payment for products or services pursuant to a contract

executed by a state agency, whether or not such state agency is

subject to the Oklahoma Central Purchasing Act shall be made only

after products or services have been accepted as satisfactory. This

section shall not prohibit the payment of membership dues or payment

for subscriptions to magazines, periodicals or books or for payment

to vendors providing subscription services.

B. If the State Purchasing Director approves an acquisition

from the federal government or agency and determines that the

regulations of the federal government or agency handling the

acquisition require that partial or full payment be made before the

acquisition will be delivered, the State Purchasing Director, upon

requisition by the requesting party, shall have a state warrant

drawn against the funds of the acquiring state agency payable to the

United States of America or its proper agency. The warrant shall be

in such amount as may be necessary to meet the terms and conditions

of the acquisition without requiring a certificate showing that the

acquisition has actually been delivered to the state agency in whose

behalf the purchase is being negotiated.
Okla. Stat. tit. 74, § 74-9102 — OK Code / Title 74 / Section 74-9102
Mental Wellness Division Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Department of Public Safety on behalf of the Mental Wellness

Division of the Department of Public Safety to be designated the

“Mental Wellness Division Revolving Fund”. The fund shall be a

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

consist of those monies appropriated to the fund by law or deposited

in the fund as provided pursuant to the provisions of Section 9103

of this title. All monies accruing to the credit of the fund are

hereby appropriated and may be budgeted and expended by the Mental

Wellness Division for the purpose of providing mental wellness

services and programs to public safety personnel and retirees

thereof. 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, § 74-2276 — OK Code / Title 74 / Section 74-2276
Blanket bond coverage
Status: in_force

The Commission shall be subject to blanket bond coverage as

provided in Sections 85.26 through 85.31 of Title 74 of the Oklahoma

Statutes; provided, the Commission shall be authorized to purchase

increased amounts of fidelity bond coverage for those employees

deemed necessary by the Commission. When the amount listed in

Section 85.29 of Title 74 of the Oklahoma Statutes is deemed

inadequate, the cost of increased coverage shall be borne by the

Department.
Okla. Stat. tit. 74, § 74-3315.4 — OK Code / Title 74 / Section 74-3315.4
Evaluation of recommended areas - Criteria
Status: in_force

All potential natural areas recommended for inclusion in the

State Register shall be evaluated by the Oklahoma Biological

Survey, as required by Section 3 of this act, according to the

following criteria:

1. The diversity of flora and fauna;

2. The quality and viability of the occurrence of the element

of natural diversity;

3. The absence of damaging land uses and the extent of historic

disturbances;

4. The potential for sustained protection and management of the

element of natural diversity;

5. The presence of additional elements of natural diversity not

adequately represented in other registered natural areas; and

6. The significance of the educational and scientific values of

the element of natural diversity.
Okla. Stat. tit. 74, § 74-5063.15 — OK Code / Title 74 / Section 74-5063.15
Sale of bonds - Fiscal agents and legal counsel
Status: in_force

Bonds at any time sold under the provisions of Section 5063.1 et

seq. of this title shall be sold in the manner prescribed in Section

5063.12 of this title. The Authority may employ, if it determines

that such action is desirable, fiscal agents and legal counsel and

may pay them reasonable compensation out of the proceeds of the

bonds subject to the review and approval of the State Bond Advisor

in the same manner as provided for approval of similar expenditures

made by the Authority.
Okla. Stat. tit. 74, § 74-85.41A — OK Code / Title 74 / Section 74-85.41A
Emergency acquisitions
Status: in_force

A. Emergency acquisitions shall be made in compliance with

Section 85.39 of Title 74 of the Oklahoma Statutes regarding

internal purchasing procedures, Section 85.5a of Title 74 of the

Oklahoma Statutes - Title 74. State Government Page 180

Oklahoma Statutes regarding the purchasing card program and

applicable rules but are not subject to other provisions of the

Oklahoma Central Purchasing Act. The following are emergency

acquisitions:

1. An acquisition declared as an emergency by a state agency;

2. An acquisition to alleviate a serious environmental

emergency if, upon receiving a request from the Chair of the

Corporation Commission and after having examined the facts and

circumstances of the case, the Governor certifies in writing the

existence of a serious environmental emergency. For the purposes of

this subsection, "serious environmental emergency" means a situation

within the jurisdiction of the Commission:

a. in which serious damage to the environment will

quickly occur if immediate action is not taken and the

damage will be so significant that the urgent need for

action outweighs the need for competitive bids, or

b. a situation in which human life or safety is in

imminent danger or significant property interests are

threatened with imminent destruction;

3. An acquisition of livestock through a market agency, dealer,

commission house or livestock auction market bonded or licensed

under federal or state law for the acquisition or collection of

semen or embryos, and for the placement of embryos into recipient

livestock;

4. An acquisition by a state agency pursuant to a contract with

the United States Army Corps of Engineers for emergency response or

to protect the public health, safety or welfare;

5. An acquisition declared by the Office of Management and

Enterprise Services (OMES) Risk Management Administrator pursuant to

Section 85.58A of Title 74 of the Oklahoma Statutes; or

6. A condition certified by the Governor as an emergency.

B. Notwithstanding a state agency's exemption from requisition

and competitive bidding requirements, a state agency making an

emergency acquisition shall timely provide the Purchasing Division

within OMES all information required by the State Purchasing

Director.
Okla. Stat. tit. 74, § 74-6114 — OK Code / Title 74 / Section 74-6114
Request to Texas to appoint representatives
Status: in_force

The Governor of the State of Oklahoma is empowered and requested

to forward a copy of this act to the Governor of the State of Texas

and to request that the Governor or legislature of that state

appoint representatives of the State of Texas to confer and act in

conjunction with the Commission for the purposes specified in this

Oklahoma Statutes - Title 74. State Government Page 1206

act, with the understanding that each state will pay all expenses of

its respective representatives.
Okla. Stat. tit. 74, § 74-3303 — OK Code / Title 74 / Section 74-3303
Creation by Executive Order during interim
Status: in_force

Agencies may be created by Executive Order of the Governor

during the interim between sessions of the Legislature.
Okla. Stat. tit. 74, § 74-152.10 — OK Code / Title 74 / Section 74-152.10
Additional employees for investigation of oil field
Status: in_force

theft and fraud.

The Oklahoma State Bureau of Investigation, subject to the

availability of funds, shall be granted an additional two full-time-

equivalent employees to be employed for the purpose of conducting

oil field theft and fraud investigations except in cases of

emergency.
Okla. Stat. tit. 74, § 74-9200 — OK Code / Title 74 / Section 74-9200
Short title - Oklahoma Rural Broadband Expansion Act
Status: in_force

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

Broadband Expansion Act".
Okla. Stat. tit. 74, § 74-5066.4 — OK Code / Title 74 / Section 74-5066.4
Authority of Department of Commerce
Status: in_force

The Oklahoma Department of Commerce shall have the authority to:

1. Enter into contracts with public and private agencies,

institutions, organizations and individuals for the purpose of

providing assistance to and services for Oklahoma manufacturing and

marketing firms as required by this act. Such contracts shall be

exempt from the provisions of Section 85.1 et seq. of Title 74 of

the Oklahoma Statutes;

2. Solicit the support and contributions of public and private

agencies, organizations, institutions and individuals;

3. Receive and administer funds for the purpose of operating

the product development program;

4. Advertise and promote the product development program; and

5. Promulgate rules and regulations to implement the provisions

of this act.
Okla. Stat. tit. 74, § 74-429 — OK Code / Title 74 / Section 74-429
Joint governmental agency
Status: in_force

The Council of State Governments is hereby declared to be a

joint governmental agency of this State and of the other states

which cooperate through it.
Okla. Stat. tit. 74, § 74-3905 — OK Code / Title 74 / Section 74-3905
Termination of certain statutory entities July 1, 2010 -
Status: in_force

Abolition of powers, duties and functions.

Oklahoma Statutes - Title 74. State Government Page 984

The following statutory entities and their successors shall be

terminated on July 1, 2014, and all powers, duties and functions

shall be abolished one (1) year thereafter:

1. State Board of Licensure for Professional Engineers and Land

Surveyors as created by Section 475.3 of Title 59 of the Oklahoma

Statutes;

2. Oklahoma Accountancy Board as created by Section 15.2 of

Title 59 of the Oklahoma Statutes;

3. The Board of Governors of the Licensed Architects, Landscape

Architects and Registered Interior Designers of Oklahoma as created

by Section 46.4 of Title 59 of the Oklahoma Statutes;

4. Oklahoma Funeral Board as created by Section 396 of Title 59

of the Oklahoma Statutes;

5. Long-Term Care Facility Advisory Board as created by Section

1-1923 of Title 63 of the Oklahoma Statutes;

6. Commission on Marginally Producing Oil and Gas Wells as

created by Section 700 of Title 52 of the Oklahoma Statutes;

7. Group Homes for Persons with Developmental or Physical

Disabilities Advisory Board as created by Section 1430.4 of Title 10

of the Oklahoma Statutes;

8. Electronic and Information Technology Accessibility Advisory

Council as created by Section 34.30 of Title 62 of the Oklahoma

Statutes; and

9. Oklahoma Strategic Military Commission as created by Section

5401 of Title 74 of the Oklahoma Statutes.
Okla. Stat. tit. 74, § 74-5060.20 — OK Code / Title 74 / Section 74-5060.20
Information clearinghouse - Technical services -
Status: in_force

Technical information data bases and industrial liaison offices -

Minority business assistance.

A. The Center may use monies from the Research Support

Revolving Fund to carry out the purposes of this section.

B. The Oklahoma Center for the Advancement of Science and

Technology shall establish a clearinghouse to provide technology

transfer and technical referral services and may charge reasonable

user fees to recover the costs of providing such services. The

Center may fund institutions of higher education to establish

technical information data bases and industrial liaison offices

which are easily accessible by both private and public sector

organizations.

C. The Center shall provide to private enterprises and

individuals, services which include, but are not limited to:

1. Disseminating research and technical information;

Oklahoma Statutes - Title 74. State Government Page 1087

2. Referring clients to researchers or laboratories for the

purpose of testing and evaluating new products, processes or

innovations;

3. Assisting persons developing innovations or new technology

in locating enterprises or entrepreneurs that may be interested in

applying such innovations or new technologies; and

4. Providing managerial assistance to enterprises requesting

such assistance, but particularly to those small enterprises of

special importance to the Oklahoma economy.

D. The Center shall encourage business enterprises to use such

technology transfer and technical support services as provided by

institutions of higher education and especially the state's Small

Business Development Centers.

E. The Center shall assist minority businesses in obtaining

investments or loans or other means of financial assistance. The

terms and conditions of such loans or financial assistance,

including the charges for interest and other services, will be

consistent with the provisions of this act. The Center shall

solicit proposed minority business ventures for review and analysis.
Okla. Stat. tit. 74, § 74-915v1 — OK Code / Title 74 / Section 74-915v1
Amount of retirement benefit
Status: in_force

A. (1) Except as otherwise provided in this subsection and as

provided for elected officials in Section 913.4 of this title, any

member who shall retire on or after the member's normal retirement

date shall be entitled to receive an annual retirement benefit equal

to two percent (2%) of the member's final average compensation as

determined pursuant to paragraph (18) of Section 902 of this title,

multiplied by the number of years of credited service that has been

credited to the member in accordance with the provisions of Section

913 of this title other than years credited pursuant to paragraph

(2) of this subsection.

(2) Effective January 1, 2004, except as otherwise provided for

elected officials in Section 913.4 of this title and except for

Oklahoma Statutes - Title 74. State Government Page 667

those members making contributions pursuant to paragraphs (c), (d),

(e), (f), (g), and (h) of subsection (1) of Section 919.1 of this

title, any member who shall retire shall be entitled to receive an

annual retirement benefit equal to two and one-half percent (2 1/2%)

of the member's final average compensation as determined pursuant to

paragraph (18) of Section 902 of this title, multiplied by the

number of full years of participating service after January 1, 2004,

that have been credited to the member in accordance with the

provisions of Section 913 of this title and only for those full

years of participating service for which contributions have been

made pursuant to paragraph (g) of subsection (1) of Section 919.1 of

this title. The two and one-half percent (2 1/2%) multiplier shall

not apply to purchased service, purchased or granted military

service or transferred service. In order to receive the two and

one-half percent (2 1/2%) multiplier in computing retirement

benefits, an active member shall make an irrevocable written

election to pay the contributions pursuant to paragraph (g) of

subsection (1) of Section 919.1 of this title. The two and one-half

percent (2 1/2%) multiplier pursuant to this paragraph shall not

apply to additional years of service credit attributed to sick leave

pursuant to paragraph 7 of subsection B of Section 913 of this title

and fractional years pursuant to subsection C of Section 913 of this

title and shall be attributable only to the participating service

credited after the election of the member.

(3) The minimum final average compensation for any person who

becomes a member of the Oklahoma Public Employees Retirement System

on or after July 1, 1995, and who had:

a. twenty (20) or more years of credited service within

the System as of the member's retirement date shall be

no less than Thirteen Thousand Eight Hundred Dollars

($13,800.00) per annum,

b. at least fifteen (15) but not more than nineteen (19)

years of credited service within the System as of the

member's retirement date shall be no less than Six

Thousand Nine Hundred Dollars ($6,900.00) per annum,

or

c. less than fifteen (15) years of credited service

within the System as of the member's retirement date

shall not be eligible for any minimum amount of final

average compensation and the member's final average

compensation shall be the final average compensation

as defined by paragraph (18) of Section 902 of this

title.

(4) Provided, further, any member who has elected a vested

benefit pursuant to Section 917 of this title shall be entitled to

receive benefits as outlined in this section except the percent

factor and the member's maximum compensation level in effect the

Oklahoma Statutes - Title 74. State Government Page 668

date the member's employment was terminated with a participating

employer shall be applicable.

(5) Any member who is a correctional officer or a probation and

parole officer employed by the Department of Corrections at the time

of retirement and who retires on or before June 30, 2000, shall be

entitled to receive an annual retirement benefit equal to two and

one-half percent (2 1/2%) of the final average compensation of the

member not to exceed Twenty-five Thousand Dollars ($25,000.00) and

two percent (2%) of the final average salary in excess of Twenty-

five Thousand Dollars ($25,000.00) but not exceeding the maximum

compensation level as provided in paragraph (9) of Section 902 of

this title, multiplied by the number of years of service as a

correctional officer or a probation and parole officer; provided,

any years accrued prior to July 1, 1990, as a correctional officer

or a probation and parole officer by a member who is employed as a

correctional officer or a probation and parole officer on July 1,

1990, shall be calculated for retirement purposes at two and one-

quarter percent (2 1/4%) of the final average compensation of the

member not to exceed Twenty-five Thousand Dollars ($25,000.00) and

two percent (2%) of the final average salary in excess of Twenty-

five Thousand Dollars ($25,000.00) but not exceeding the maximum

compensation level as provided in paragraph (9) of Section 902 of

this title, multiplied by the number of years of such service and

any years in excess of twenty (20) years as such an officer or years

credited to the member in accordance with the provisions of Section

913 of this title shall be calculated for retirement purposes at two

percent (2%) of the final average compensation of the member

multiplied by the number of years of such service. Any person who

contributes to the System as a correctional officer or a probation

and parole officer as provided in paragraph (b) or (c) of subsection

(1) of Section 919.1 of this title, on or before June 30, 2000, but

who does not make such contributions after June 30, 2000, and who

does not qualify for normal retirement under subparagraph (c) of

paragraph (24) of Section 902 of this title shall have retirement

benefits for each year of full-time-equivalent participating service

as a correctional or a probation and parole officer after July 1,

1990, computed on two and one-half percent (2 1/2%) of the final

average compensation based upon those years as a correctional

officer or a probation and parole officer. Provided, further, any

fugitive apprehension agent shall be entitled to receive benefits as

outlined in Section 901 et seq. of this title for service as a

fugitive apprehension agent prior to July 1, 2002, only upon payment

to the System of the employee contributions which would have been

paid if such fugitive apprehension agent had been covered by this

section prior to July 1, 2002, plus interest of not to exceed ten

percent (10%) as determined by the Oklahoma Public Employees

Retirement Board of Trustees. The Department of Corrections may

Oklahoma Statutes - Title 74. State Government Page 669

make the employee contribution and interest payment on behalf of

such member.

(6) Any member who is a correctional officer, a probation and

parole officer or a fugitive apprehension agent employed by the

Department of Corrections at the time of retirement and who retires

on or after July 1, 2002, shall be entitled to receive an annual

retirement benefit equal to two and one-half percent (2 1/2%) of the

final average compensation of the member, but not exceeding the

maximum compensation level as provided in paragraph (18) of Section

902 of this title, multiplied by the number of years of service as a

correctional officer, a probation and parole officer or a fugitive

apprehension agent, and any years in excess of twenty (20) years as

such an officer or agent, or years credited to the member in

accordance with the provisions of Section 913 of this title, shall

be calculated for retirement purposes at two percent (2%) of the

final average compensation of the member multiplied by the number of

years of such service. For purposes of this paragraph, "final

average compensation" shall be determined by computing the average

annual salary, in the manner prescribed by paragraph (18) of Section

902 of this title, for the highest three (3) years of the last ten

(10) years of participating service immediately preceding retirement

or termination of employment for all years of service performed by

such member, both for years of service performed as a correctional

officer, probation and parole officer or fugitive apprehension

agent, not in excess of twenty (20) years, and for years of service

performed in excess of twenty (20) years, whether as a correctional

officer, probation and parole officer, fugitive apprehension agent

or other position unless the computation of benefits would result in

a lower retirement benefit amount than if final average compensation

were to be computed as otherwise provided by this paragraph. Final

average compensation shall be determined by computing the average

annual salary for the highest five (5) of the last ten (10) years of

participating service immediately preceding retirement or

termination of employment, with respect to members whose first

participating service occurs on or after July 1, 2013.

(7) Any member who is a correctional officer, a probation and

parole officer or a fugitive apprehension agent who has at least

five (5) years of service as a correctional officer, a probation and

parole officer or a fugitive apprehension agent who is in such

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

such position, and who receives a promotion or change in job

classification after June 30, 2004, to another position in the

Department of Corrections, and who is employed by the Department of

Corrections at the time of retirement and who retires on or after

July 1, 2004, shall be entitled to receive an annual retirement

benefit equal to two and one-half percent (2 1/2%) of the final

average compensation of the member, but not exceeding the maximum

Oklahoma Statutes - Title 74. State Government Page 670

compensation level as provided in paragraph (18) of Section 902 of

this title, multiplied by the number of years of service with the

Department of Corrections and any years in excess of twenty (20)

years with the Department or years credited to the member in

accordance with the provisions of Section 913 of this title, shall

be calculated for retirement purposes at two percent (2%) of the

final average compensation of the member multiplied by the number of

years of such service. For purposes of this paragraph, "final

average compensation" shall be determined by computing the average

annual salary, in the manner prescribed by paragraph (18) of Section

902 of this title, for the highest three (3) years of the last ten

(10) years of participating service immediately preceding retirement

or termination of employment for all years of service performed by

such member with the Department. Final average compensation shall

be determined by computing the average annual salary for the highest

five (5) of the last ten (10) years of participating service

immediately preceding retirement or termination of employment, with

respect to members whose first participating service occurs on or

after July 1, 2013.

(8) Any person who contributed to the System as a correctional

officer, a probation and parole officer or a fugitive apprehension

agent as provided in paragraph (b) or (c) of subsection (1) of

Section 919.1 of this title, and who retires under normal retirement

or early retirement on or after January 1, 2004, under paragraph

(24) of Section 902 of this title, and any public safety officer

described by paragraph (37) of Section 902 of this title hired on or

after July 1, 2016, by the Grand River Dam Authority and who retires

on or after July 1, 2016, shall have retirement benefits for each

year of full-time-equivalent participating service as a correctional

officer, a probation and parole officer or a fugitive apprehension

agent, or Grand River Dam public safety officer computed on two and

one-half percent (2 1/2%) of the final average compensation based

upon those years as a correctional officer, a probation and parole

officer, a fugitive apprehension agent or a Grand River Dam public

safety officer. For purposes of this paragraph, "final average

compensation" shall be determined by computing the average annual

salary, in the manner prescribed by paragraph (18) of Section 902 of

this title, for the highest three (3) years of the last ten (10)

years of participating service immediately preceding retirement or

termination of employment for all years of service performed by such

member, both for years of service performed as a correctional

officer, probation and parole officer or fugitive apprehension

agent, or years of service performed as a Grand River Dam public

safety officer, not in excess of twenty (20) years, and for years of

service performed in excess of twenty (20) years, whether as a

correctional officer, probation and parole officer, fugitive

apprehension agent, Grand River Dam public safety officer, or other

Oklahoma Statutes - Title 74. State Government Page 671

position unless the computation of benefits would result in a lower

retirement benefit amount than if final average compensation were to

be computed as otherwise provided by this paragraph. Final average

compensation shall be determined by computing the average annual

salary for the highest five (5) of the last ten (10) years of

participating service immediately preceding retirement or

termination of employment, with respect to members whose first

participating service occurs on or after July 1, 2013, or with

respect to Grand River Dam public safety officers whose first

participating service occurs on or after July 1, 2016.

(9) Any member who is:

a. initially on or after July 1, 2002, employed as a

firefighter for the Military Department of the State

of Oklahoma and who retires on or after the member's

normal retirement date shall be entitled to receive an

annual retirement benefit equal to two and one-half

percent (2 1/2%) of the final average compensation of

the member multiplied by the number of years of

service in such service,

b. (1) a firefighter who performs firefighting services

for the Military Department of the State of

Oklahoma prior to July 1, 2002, and who makes an

election in writing on a form prescribed for this

purpose by the System not later than December 31,

2002, shall be entitled to receive a retirement

benefit based upon two and one-half percent (2

1/2%) of the final average compensation of the

member multiplied by the number of years of

service as a firefighter with the Military

Department of the State of Oklahoma on or after

July 1, 2002. The election authorized by this

subdivision shall be irrevocable once the

election is filed with the System,

(2) a firefighter who performs firefighting services

for the Military Department of the State of

Oklahoma prior to July 1, 2002, and who makes the

election in division (1) of this subparagraph may

also make an election in writing on a form

prescribed for this purpose by the System not

later than December 31, 2002, to receive a

retirement benefit based upon two and one-half

percent (2 1/2%) of the final average

compensation of the member multiplied by the

number of years of service as a firefighter with

the Military Department of the State of Oklahoma

prior to July 1, 2002. The election authorized

by this subdivision shall be irrevocable once the

Oklahoma Statutes - Title 74. State Government Page 672

election is filed with the System. Retirement

benefits shall be calculated based upon the two

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

payment being made pursuant to Section 913.5 of

this title.

(10) Any person who contributes to the System as a deputy

sheriff or county jailer as provided in paragraph (f) of subsection

(1) of Section 919.1 of this title, and who retires under normal

retirement or early retirement under division (v) of subparagraph

(d) of paragraph (24) of Section 902 of this title, shall have

retirement benefits for each year of full-time-equivalent

participating service as a deputy sheriff or county jailer computed

on two and one-half percent (2 1/2%) of the final average

compensation based upon those years as a deputy sheriff or county

jailer, and any years in excess of twenty (20) years as a deputy

sheriff or county jailer, or years credited to the member in

accordance with the provisions of Section 913 of this title, shall

be calculated for retirement purposes at two percent (2%) of the

final average compensation of the member multiplied by the number of

years of such service. For purposes of this paragraph, "final

average compensation" shall be determined by computing the average

annual salary, in the manner prescribed by paragraph (18) of Section

902 of this title, both for years of service performed as a deputy

sheriff or county jailer not in excess of twenty (20) years, and for

years of service performed in excess of twenty (20) years, whether

as a deputy sheriff or county jailer.

(11) Any person who contributes to the System as an emergency

medical service personnel as provided in paragraph (h) of subsection

(1) of Section 919.1 of this title, and who retires under normal

retirement or early retirement under division (vii) of subparagraph

(d) of paragraph (24) of Section 902 of this title, shall have

retirement benefits for each year of full-time-equivalent

participating service as an emergency medical service personnel

computed on two and one-half percent (2 1/2%) of the final average

compensation based upon those years as an emergency medical service

personnel. Any years of full-time-equivalent participating service

in excess of twenty (20) years as an emergency medical personnel, or

years credited to the member in accordance with the provisions of

Section 913 of this title, shall be calculated for retirement

purposes at two percent (2%) of the final average compensation of

the member multiplied by the number of years of such service. For

the purposes of this paragraph, "final average compensation" shall

be determined by computing the average annual salary, in the manner

prescribed by paragraph 18 of Section 902 of this title, both for

years of service performed as an emergency medical personnel not in

excess of twenty (20) years, and for years of service performed in

Oklahoma Statutes - Title 74. State Government Page 673

excess of twenty (20) years, as an emergency medical service

personnel.

(12) Upon death of a retiree, there shall be paid to his or her

beneficiary an amount equal to the excess, if any, of his or her

accumulated contributions over the sum of all retirement benefit

payments made.

(13) Such annual retirement benefits shall be paid in equal

monthly installments, except that the Board may provide for the

payment of retirement benefits which total less than Two Hundred

Forty Dollars ($240.00) a year on other than a monthly basis.

(14) Pursuant to the rules established by the Board, a retiree

receiving monthly benefits from the System may authorize warrant

deductions for any products currently offered to active state

employees through the Oklahoma Employees Insurance and Benefits

Board, provided that product is offered to state retirees as a group

and has a minimum participation of five hundred state retirees. The

System has no responsibility for the marketing, enrolling or

administration of such products, but shall retain a processing fee

of two percent (2%) of the gross deductions for the products.

Retirement benefit deductions shall be made for membership dues for

any statewide association for which payroll deductions are

authorized pursuant to subsection B of Section 34.70 of Title 62 of

the Oklahoma Statutes for retired members of any state-supported

retirement system, upon proper authorization given by the member to

the board from which the member or beneficiary is currently

receiving retirement benefits.

B. A member shall be considered disabled if such member

qualifies for the payment of Social Security disability benefits, or

the payment of benefits pursuant to the Railroad Retirement Act of

1974, Section 231 et seq. of Title 45 of the United States Code, and

shall be eligible for benefits hereunder upon proof of such

disability, provided such member is an active regularly scheduled

employee with a participating employer at the time of injury or

inception of illness or disease resulting in subsequent

certification of eligibility for Social Security disability benefits

by reason of such injury, illness or disease, providing such

disability is certified by the Social Security Administration within

one (1) year after the last date physically on the job and after

completion of at least eight (8) years of participating service or

combined prior and participating service or resulting in subsequent

certification of eligibility of disability by the Railroad

Retirement Board providing such certification is made by the

Railroad Retirement Board within one (1) year after the last date

physically on the job and after completion of at least eight (8)

years of participating service or combined prior and participating

service. The member shall submit to the System the Social Security

Award Notice or the Railroad Retirement Award Notice certifying the

Oklahoma Statutes - Title 74. State Government Page 674

date of entitlement for disability benefits, as issued by the Social

Security Administration, Department of Health and Human Services or

the Railroad Retirement Board. Disability benefits shall become

effective on the date of entitlement as established by the Social

Security Administration or the Railroad Retirement Board, but not

before the first day of the month following removal from the

payroll, whichever is later, and final approval by the System.

Benefits shall be based upon length of service and compensation as

of the date of disability, without actuarial reduction because of

commencement prior to the normal retirement date. The only optional

form of benefit payment available for disability benefits is Option

A as provided for in Section 918 of this title. Option A must be

elected in accordance with the provisions of Section 918 of this

title. Benefit payments shall cease upon the member's recovery from

disability prior to the normal retirement date. Future benefits, if

any, shall be paid based upon length of service and compensation as

of the date of disability. In the event that disability ceases and

the member returns to employment within the System credited service

to the date of disability shall be restored, and future benefits

shall be determined accordingly.

C. A member who incurred a disability pursuant to subsection B

of this section on or after July 1, 1999, and who has retired from

the System with an early retirement benefit pending certification

from the Social Security Administration or the Railroad Retirement

Board shall receive a retirement benefit not less than the

disability retirement benefit provided by subsection B of this

section once the System receives a Social Security Award Notice or a

Railroad Retirement Award Notice pursuant to subsection B of this

section and a completed application for disability benefits. In

addition, such member shall receive the difference, if any, between

the early retirement benefit and the disability benefit from the

date the Social Security Administration or the Railroad Retirement

Board establishes disability entitlement.

D. Any actively participating member of the System on or after

July 1, 1998, except for those employees provided in subparagraph

(e) of paragraph (14) of Section 902 of this title, whose employment

is less than full-time, shall have his or her final average

compensation calculated on an annualized basis using his or her

hourly wage subject to the maximum compensation limits; provided,

however, any such member whose first participating service occurred

before July 1, 2013, and who has at least three (3) years of full-

time employment during the last ten (10) years immediately preceding

termination or retirement shall not be eligible for the

annualization provisions contained herein; and provided further, any

such member whose first participating service occurred on or after

July 1, 2013, and who has at least five (5) years of full-time

employment during the last ten (10) years immediately preceding

Oklahoma Statutes - Title 74. State Government Page 675

termination or retirement shall not be eligible for the

annualization provisions contained herein. The Board of Trustees

shall promulgate such administrative rules as are necessary to

implement the provisions of this subsection.
Okla. Stat. tit. 74, § 74-325.20 — OK Code / Title 74 / Section 74-325.20
Mobile food preparation vehicles — Fire code
Status: in_force

compliance.

A. All mobile food preparation vehicles operating within this

state prior to July 1, 2024, that are capable of producing smoke or

grease-laden vapors shall be in compliance with the most current

adopted fire code. With the exception of an automatic fire

extinguishing system, such requirement shall apply to vehicles

including, but not limited to, vehicles utilizing electric energy,

liquefied petroleum gas, compressed natural gas, or a combination

thereof for cooking, provided that portable fire extinguishers are

installed and maintained in accordance with the most current version

of NFPA 10: Standard for Portable Fire Extinguishers. A six-liter

Class K-rated, portable fire extinguisher is required for all

cooking equipment involving solid fuels, vegetable or animal oils

and fats, or a combination thereof. All portable fire extinguishers

shall be in clear view and immediately available for use.

B. All mobile food preparation vehicles utilizing, handling, or

transporting liquefied petroleum gas or any liquefied petroleum gas

system, equipment, container, apparatus, or appliance shall receive

and maintain a permit from, and be inspected annually by, the

Oklahoma Liquefied Petroleum Gas Administration or its employees, in

conjunction with the State Fire Marshal issuing an annual operation

permit decal to mobile food preparation vehicles.

C. The provisions in subsection A of this section shall expire

on January 1, 2026, and all mobile food preparation vehicles shall

comply with the most current adopted fire codes set forth by this

state.

D. Mobile food preparation vehicles shall be under the

jurisdiction of the State Fire Marshal for fire and life safety code

compliance and shall be inspected annually by the State Fire Marshal

to ensure compliance with the latest version of the state-adopted

minimum codes for fire and life safety as adopted by the Oklahoma

Uniform Building Code Commission. The State Fire Marshal shall

coordinate, at minimum, annual inspections conducted:

1. Within each of the four quadrants of this state; and

Oklahoma Statutes - Title 74. State Government Page 425

2. Twice within each county with a population exceeding four

hundred thousand (400,000) according to the latest Federal Decennial

Census.

E. Upon approval, the State Fire Marshal shall issue an

operational permit decal indicating that the vehicle meets the

minimum fire and life code requirements adopted at the time of

inspection.

F. Nothing in this section shall prevent:

1. The State Fire Marshal from enforcing the minimum fire code

requirements as allowed by law and revoking the operations of a

mobile food preparation vehicle for cause when such vehicle is

determined to be inherently dangerous to the health, safety, or

welfare of persons within this state;

2. A political subdivision from enforcing the event permits,

operational fees, land use regulations, zoning, or other ordinances

in relation to the operation of a mobile food preparation vehicle

within the boundaries of the political subdivision; or

3. The State Department of Health from licensing and regulating

mobile food preparation vehicles as provided by the provisions of

Title 63 of the Oklahoma Statutes and rules promulgated by the State

Commissioner of Health.

G. The State Fire Marshal may promulgate rules necessary to

implement the provisions of this section. Such rules shall have

uniform force and effect throughout this state and no political

subdivision or other agency shall enact or enforce any fire or life

safety code-related ordinances, rules, or other requirements for

mobile food preparation vehicles, except in a county with a

population exceeding four hundred thousand (400,000) according to

the latest Federal Decennial Census.
Okla. Stat. tit. 74, § 74-85.45 — OK Code / Title 74 / Section 74-85.45
Oklahoma Minority Business Enterprise Assistance Act
Status: in_force

Sections 2 through 10 of this act shall be known and may be

cited as the "Oklahoma Minority Business Enterprise Assistance Act".
Okla. Stat. tit. 74, § 74-78 — OK Code / Title 74 / Section 74-78
Fleet Management Division - Fleet Manager – Director of
Status: in_force

Office of Management and Enterprise Services – Powers – Alternative

fueling infrastructure.

A. There is hereby created and established within the Office of

Management and Enterprise Services, the Fleet Management Division.

The Division shall provide oversight of and advice to state agencies

that own, operate and utilize motor vehicles. All agencies shall be

subject to Fleet Management Division reporting requirements. The

following agencies are exempt from Fleet Management Division

oversight and advice, but are still subject to required reporting

from Fleet Management Division to provide full transparency of the

statewide fleet: Department of Public Safety, the Department of

Transportation, the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Military Department of the State of Oklahoma, the

Oklahoma State Bureau of Investigation, the Commissioners of the

Land Office and The Oklahoma State System of Higher Education.

B. The Director of the Office of Management and Enterprise

Services shall:

1. Appoint and fix duties and compensation for a Fleet Manager

who shall serve as the administrative head of the division;

2. Hire personnel as necessary to provide fleet services;

3. Acquire facilities to maintain vehicles;

4. Promulgate rules for efficient and economical operations to

provide fleet services; and

5. Report to the Governor, Speaker of the House of

Representatives, and President Pro Tempore of the Senate those

agencies that fail to comply with the provisions of law and the

rules of the Fleet Management Division regarding submission of

reports, vehicle use, and vehicle maintenance.

C. The rules shall include provisions to:

1. Establish uniform written vehicle acquisition, leasing,

maintenance, repairs, and disposal standards for use by all state

agencies to justify actual need for vehicles;

2. Establish standards for routine vehicle inspection and

maintenance;

3. Provide standards and forms for recordkeeping of fleet

operation, maintenance, and repair costs for mandatory use by all

state agencies to report the data to the Fleet Management Division

on a monthly basis;

4. Provide standards and utilize methods for disposal of

vehicles pursuant to the Oklahoma Surplus Property Act and any other

applicable state laws;

Oklahoma Statutes - Title 74. State Government Page 138

5. Establish mandatory maintenance contracts throughout the

state for all agencies to access for vehicle repairs and service at

discounted rates and parts;

6. Require all agencies with in-house repair and service

facilities to assign a value to the preventive maintenance services,

track those services with a dollar value, and report costs to the

Fleet Manager for the prior month no later than the twentieth day

following the close of each month;

7. Promulgate rules requiring all state-owned motor vehicles to

be marked in a uniform, highly visible manner, except for certain

vehicles driven by law enforcement agencies or other agencies

requiring confidentiality;

8. Require agencies to produce and maintain written

justification for any vehicle that travels fewer than twelve

thousand (12,000) miles annually and report to the Fleet Manager

such information by October 1 of each year; and

9. Address any other matter or practice which relates to the

responsibilities of the Director of the Office of Management and

Enterprise Services.

D. The Fleet Manager shall:

1. Develop specifications for contracts for vehicle maintenance

for state vehicles not serviced or maintained by state agencies;

2. Conduct on-site inspections to verify state agency or

supplier compliance with Division standards for inspections,

maintenance and recordkeeping;

3. Assess state agency needs for vehicles and types of

vehicles;

4. Assign, transfer or lease vehicles to a state agency to meet

the needs of the state agency;

5. Unless otherwise provided by law, determine whether a state

agency may use or operate a vehicle without state identifying

markings, bearing a license plate used by a privately owned vehicle

to perform the duties of the state agency without hindrance;

6. Report to the Director of the Office of Management and

Enterprise Services occurrences of agencies failing to comply with

the provisions of law and the rules of the Fleet Management Division

regarding submission of reports, vehicle use, and vehicle

maintenance;

7. Offer guidelines to agencies to assist in determining the

most cost-effective and reasonable modes of travel for single trips

from the following options: state vehicle, private rental, or

mileage reimbursement; and

8. Provide, upon the request of the Governor, the President Pro

Tempore of the Senate or the Speaker of the House of

Representatives, reports from data the Fleet Manager collects.

E. The Director of the Office of Management and Enterprise

Services may enter into agreements with any political subdivision of

Oklahoma Statutes - Title 74. State Government Page 139

this state for the purpose of providing fleet services established

by the Fleet Management Division pursuant to this section and rules

promulgated pursuant to this section.

F. The Director of the Office of Management and Enterprise

Services, through the Fleet Management Division, may enter into

partnership agreements with political subdivisions and private

entities for the purposes of applying for, participating in, and

administering federal grant funds. The partnership agreements and

activities authorized in this subsection are hereby declared to be a

public purpose.

G. The Office may offer public access to alternative fueling

infrastructure owned and operated by the Office in areas of the

state in which access to an alternative fueling infrastructure is

not readily available to the public. The Office shall cease

allowing public access to an alternative fueling infrastructure

operated by the Office if a privately owned alternative fueling

infrastructure locates within a five-mile radius of the

infrastructure operated by the Department.

H. When used in relation to the Fleet Management Division:

1. “Alternative fueling infrastructure” shall mean a fill

station or charge station used to deliver or provide alternative

fuels as defined in Section 130.2 of this title; and

2. “Alternative fuel vehicle” shall mean a motor vehicle

originally designed by the manufacturer to operate lawfully and

principally on streets and highways which is propelled by an

alternative fuel as defined in Section 130.2 of this title.
Okla. Stat. tit. 74, § 74-500.9 — OK Code / Title 74 / Section 74-500.9
Overnight lodging - Out-of-state trips
Status: in_force

A. Reimbursement for overnight lodging, while in official

travel status, may be made at an amount authorized by the provisions

of the federal Government Services Administration (GSA) in its

Federal Travel Regulation (FTR) 42 C.F.R. Section 300-1.1 et seq.

and as updated in its FTR Bulletins for travel while away from home

without additional documentation or the actual cost, if lower, per

night except as provided in subsections B, C, E, and G of this

section and Section 500.9A of this title. Receipts issued by the

hotel, motel or other public lodging place shall accompany claims

for reimbursement.

B. State officers or employees attending meetings, workshops,

conferences or other objectives of trips which are conducted at a

designated hotel, motel or other public lodging place or where

lodging has been arranged for by the blocking of rooms or by rate

reductions for the participants by the sponsor as evidenced by the

announcement or notice of the meeting, workshop, conference or other

objective shall be reimbursed the actual lodging expense not to

exceed the single occupancy room rate charged by the designated

hotel, motel or other public lodging place; provided, that the

officials or employees are in official travel status approved by the

agency head or designee. Provided further, those state officers or

employees attending meetings, workshops, conferences or other

objectives of trips, which are conducted at a designated hotel,

motel or other public lodging place as provided by this subsection,

who choose to acquire less expensive lodging at another hotel, motel

or other public lodging place shall be reimbursed the actual lodging

expense not to exceed the single occupancy room rate charged by the

Oklahoma Statutes - Title 74. State Government Page 473

designated hotel, motel or other public lodging place. Provided

further, those state officers or employees so choosing this option

shall be reimbursed for local transportation costs incurred

traveling between such optional lodging and the designated hotel,

motel or other public lodging place not to exceed the difference

between the cost of the designated lodging and the cost of the

optional lodging. Receipts issued by the hotel, motel or other

public lodging place shall accompany claims for reimbursement.

C. State officers and employees who have been required to

attend hearings or meetings of any congressional committee or

subcommittee or any federal agency, board or commission shall be

reimbursed for their actual and necessary travel and lodging

expenses; however, the agency head must approve any claims in

connection with such expenses.

D. Reimbursement for meals and lodging on out-of-state trips

shall not begin more than one (1) calendar day before the meeting,

workshop, conference or other objective of trip begins and shall not

continue more than one (1) calendar day after said meeting,

workshop, conference or other objective of trip ends. This twenty-

four-hour limit shall also apply for in-state travel when the agency

determines that travel is of a duration where overnight travel prior

to or after the trip objective would be necessary.

E. Reimbursement for meals and lodging incurred in official

travel in areas outside of the United States to implement the

objectives of contracts, grants, agreements or gifts for which funds

from these sources are furnished shall be reimbursed from said funds

at actual cost not to exceed the amount authorized for United States

Government employees in its periodical publication entitled

"Standard Regulations (Government Civilians, Foreign Areas),

Department of State, Washington, DC". Provided, however,

reimbursement for travel to points outside of the United States,

whether performed under authority of contract, grant, agreement or

otherwise, shall not begin more than two (2) calendar days before or

end more than two (2) calendar days after the objective of the trip.

F. Claims submitted to the Director of the Office of Management

and Enterprise Services for payment under the provisions of this

section shall be certified to by the principal fiscal officer or

contract and grant administrator of each agency. Such officer shall

certify that such claim complies with and is authorized under this

section.

G. The Director of the Office of Management and Enterprise

Services may authorize reimbursement for overnight lodging while in

official travel status within the State of Oklahoma at a rate of up

to one hundred fifty percent (150%) of the amount authorized in

subsection A of this section if it is determined that no lodging was

available at the maximum rate set out in subsection A of this

section. Prior to authorizing such payment, the state officer or

Oklahoma Statutes - Title 74. State Government Page 474

employee shall certify the efforts made to obtain lodging at the

rate set out in subsection A of this section and the reasons why

such lodging was not available within a reasonable distance from the

state officer's or employee's work location.
Okla. Stat. tit. 74, § 74-8403 — OK Code / Title 74 / Section 74-8403
African-American Centennial Plaza Design Committee -
Status: reserved

Creation - Membership - Compensation - Staffing.

A. There is hereby created the African-American Centennial

Plaza Design Committee. The purpose of the Committee shall be to

recommend the design of the African-American Centennial Plaza and to

Oklahoma Statutes - Title 74. State Government Page 1235

provide oversight and advice to the Oklahoma Historical Society in

the design, construction, and funding sources of the Plaza which

shall be located in the median of Lincoln Boulevard between 18th

Street and the State Capitol Building; provided, however, such

construction shall begin only when the total amount of non-state-

appropriated funds necessary to complete the Plaza has been raised

or secured. Should the total amount of non-state-appropriated funds

not be raised or secured within two (2) years after the effective

date of this act, the site referred to in this section shall no

longer be reserved for the Plaza.

B. The Committee shall consist of seven (7) members as follows:

1. The President Pro Tempore of the Senate, or a designee;

2. The Speaker of the House of Representatives, or a designee;

3. The Governor, or a designee;

4. The Lieutenant Governor, or a designee;

5. The Executive Director of the Oklahoma Historical Society,

or a designee;

6. The Director of the Office of Management and Enterprise

Services, or a designee; and

7. The Executive Director of the Oklahoma Arts Council, or a

designee.

C. The President Pro Tempore of the Senate and the Speaker of

the House of Representatives shall annually appoint a chair and a

vice-chair, respectively, from among the membership. The Committee

may elect other officers as deemed necessary. Meetings of the

Committee shall be subject to the provisions of the Oklahoma Open

Meeting Act and the Oklahoma Open Records Act.

D. Members of the Committee shall receive no compensation for

their service on the Committee, but may receive travel reimbursement

as follows:

1. Legislative members of the Committee may be reimbursed for

necessary travel expenses incurred in the performance of their

duties in accordance with the provisions of Section 456 of Title 74

of the Oklahoma Statutes;

2. Nonlegislative state agency members of the Committee may be

reimbursed by their agencies pursuant to the provisions of the State

Travel Reimbursement Act; and

3. Other members of the Committee may be reimbursed by the

Oklahoma Historical Society pursuant to the provisions of the State

Travel Reimbursement Act.

E. Staffing for the Committee shall be provided by the staffs

of the:

1. Oklahoma Historical Society;

2. Oklahoma State Senate; and

3. Oklahoma House of Representatives.

F. The duties of the Committee shall be to:

Oklahoma Statutes - Title 74. State Government Page 1236

1. Develop criteria for and solicit public comment and input on

the development and design of the Plaza;

2. Develop and implement criteria for a design competition

which shall include, but not be limited to, solicitation of designs

from appropriate persons or entities, and incorporation of any work

that may already have been initiated on the design of the Plaza.

The Committee shall select three designs as finalists from among the

designs submitted through the competition and shall present the

selected designs to the public for comment and input. The Committee

shall give due consideration to the comments received from the

public in choosing the design that, in the opinion of a majority of

the Committee members, is most appropriate to commemorate the unique

history and contributions of African Americans in Oklahoma;

3. From the three finalists, select the design winner and an

alternate whose designs shall be forwarded to the Executive Director

of the Oklahoma Historical Society; and

4. Provide oversight and advice to the Oklahoma Historical

Society during the design and construction of the Plaza.

G. The Director of the Office of Management and Enterprise

Services shall be responsible for awarding all contracts related to

the construction of the Plaza. The Director, in consultation with

the Committee, may elect to use the alternate design or recommend

the reopening of the award process if the winning design

construction exceeds the anticipated budget for the Plaza.

H. Upon completion of the Plaza, the Office of Management and

Enterprise Services shall be responsible for the maintenance and

upkeep of the Plaza.
Okla. Stat. tit. 74, § 74-1308.1 — OK Code / Title 74 / Section 74-1308.1
Educational entities - Extension of health, dental and
Status: in_force

life insurance plans.

(1) An educational entity may extend the benefits of the health

insurance plan, the dental insurance plan, and the life insurance

plan to education employees employed by the entity. The benefits of

the plans for an education employee shall be the same and shall

include the same plan options as would be made available to a state

employee participating in the plan that resided at the same

location. Notwithstanding the provisions of Section 1308.2 of this

title, a period shall exist for enrolling education entities from

April 1, 1989 through October 1, 1991, whereby education employees

of a participating education entity may be enrolled, pursuant to

this act, during the entities' initial enrollment period, regardless

of preexisting conditions. The Oklahoma Health Care Authority shall

adopt rules and regulations for enrollment by which education

entities may apply to participate in the insurance plans. Once an

education entity becomes a participant in the health and dental

insurance plans offered through the Oklahoma Employees Insurance and

Benefits Act, the education entity may withdraw from participation,

in a manner prescribed by the Authority. If a school district is

participating in the health and dental insurance plans pursuant to

the Oklahoma Employees Insurance and Benefits Act, Sections 1301

through 1329 of this title, the employees of the school district who

are eligible to participate in the health and dental plans, at such

time as the school district may withdraw from such participation,

may require the board of education of the school district to call an

election to allow the employees to vote as to whether the school

district shall continue participation in the health and dental

insurance plans offered through the Oklahoma Employees Insurance and

Benefits Act. Upon the filing with the board of education of a

petition calling for such an election which is signed by no less

than thirty percent (30%) of the eligible employees of the school

district, the board of education shall call an election for the

purpose of determining whether the school district shall continue

Oklahoma Statutes - Title 74. State Government Page 796

participation in the health and dental insurance plans offered

through the Oklahoma Employees Insurance and Benefits Act. The

election shall be held within thirty (30) days of the filing of the

petition. If a majority of those eligible employees voting at the

election vote to continue participation in the health and dental

insurance plans offered through the Oklahoma Employees Insurance and

Benefits Act, the board of education shall be prohibited from

withdrawing the school district from such participation. If a

majority of those eligible employees voting at the election vote

against continued participation in the health and dental insurance

plans offered through the Oklahoma Employees Insurance and Benefits

Act, the board of education of the school district shall apply to

discontinue such participation within thirty (30) days of the

election and within the times the school district is authorized to

withdraw from participation in accordance with rules established for

withdrawal by the Authority.

(2) Except as otherwise provided in this subsection, when an

education entity participates in the health and dental insurance

plans offered through the Oklahoma Employees Insurance and Benefits

Act, all employees shall be advised of health maintenance

organizations (HMO) prepaid plans available as an alternative to the

state self-insured health insurance plan. Eligible part-time

education employees, at the option of the employee, may enroll in

the plans either at the time the education entity begins

participation in the plans or, if later, upon a showing of

insurability to the satisfaction of the Authority.

(3) Any employee of an education entity participating in the

health and dental insurance plans offered through the Oklahoma

Employees Insurance and Benefits Act who is employed after the

education entity began said participation may be enrolled in the

health and dental insurance plans or HMO plans approved by the

Authority on the first day of the second month of employment.

(4) Upon initial enrollment of an institution of higher

education to participate in the health and dental insurance plans

offered through the Oklahoma Employees Insurance and Benefits Act,

all individuals presently insured by said institution's present

group health insurance plan shall become enrolled in said state

plans for the remaining period of said institution's contractual

liabilities.

(5) Education employees who shall be absent from the teaching

service because of election or appointment as a local, state, or

national education association officer shall be allowed to retain

coverage pursuant to the Oklahoma Employees Insurance and Benefits

Act upon the payment of the full cost of the coverage at the rate

and under such terms and conditions established by the Authority.

(6) Except as otherwise provided by law, an educational entity

may cease to participate in the Oklahoma Employees Insurance and

Oklahoma Statutes - Title 74. State Government Page 797

Benefits Act but provide health insurance coverage through another

insurance carrier. The subsequent carrier shall provide coverage to

the employees of the educational entity who terminated employment

with a retirement benefit, with a vested benefit, or who have ten

(10) or more years of service with a participating educational

entity but did not have a vested benefit through the retirement

system of the educational entity, if the election to retain health

insurance coverage was made within thirty (30) days of termination

of employment. Coverage shall also be provided to the eligible

dependents of the employees if an election to retain coverage is

made within thirty (30) days of termination of employment.
Okla. Stat. tit. 74, § 74-863 — OK Code / Title 74 / Section 74-863
Interest in contracts or agreements
Status: in_force

No member of the Authority or officer or employee thereof or of

the State Department of Commerce and Industry shall either directly

or indirectly be a party to or be in any manner interested in any

contract or agreement with the Authority for any matter, cause or

thing whatsoever by reason whereof any liability or indebtedness

shall in any way be created against such Authority, or the State

Department of Commerce and Industry. If any contract or agreement

shall be made in violation of the provisions of this Section, the

same shall be null and void and no action shall be maintained

thereon against such Authority or Department.
Okla. Stat. tit. 74, § 74-150.8 — OK Code / Title 74 / Section 74-150.8
Appointment of employees - Powers of peace officers -
Status: in_force

Probationary period - Classified service - Rights under additional

pension systems.

A. The Director shall appoint as employees only persons of

outstanding honesty, integrity and ability. An agent, at the time

of appointment to the Bureau, shall be at least twenty-one (21)

years of age and shall possess a bachelor's degree from an

accredited college or university.

B. The officers and agents of the Oklahoma State Bureau of

Investigation, and such other employees as the Director of the

Bureau of Investigation shall designate to perform duties in the

investigation and prevention of crime and the enforcement of the

criminal laws of the state, shall have and exercise all the powers

and authority of peace officers, including the right and power of

search and seizure.

C. Any Oklahoma State Bureau of Investigation employee

promoted, voluntarily demoted or transferred into an agent or

criminalist position within the Bureau shall serve a twelve-month

trial period. Any state employee in a classified position with an

agency other than the Bureau who is selected for an agent or

criminalist position within the Bureau shall resign his or her

position and be reinstated in accordance with the merit rules.

D. Any employee in a classified position under the Merit System

of Personnel Administration who is appointed Director, Deputy

Director, Acting Director, Acting Deputy Director, or Assistant

Director shall have a right to return to the classified service

without any loss of rights, privileges or benefits immediately upon

completion of the duties of the employee provided the employee is

not otherwise disqualified.

E. All other employees of the State Bureau of Investigation

shall be in the classified service of the state and members of the

Merit System of Personnel Administration, unless otherwise provided

by law.

F. Appointment to any position in the State Bureau of

Investigation shall not jeopardize the rights of any person under

any other system under which peace officers of this state or its

subdivisions may become pensioned, provided that the individual

contributions are continued as if such person were in the original

organization within which the person qualified for such pension.
Okla. Stat. tit. 74, § 74-150.32 — OK Code / Title 74 / Section 74-150.32
Firearms Laboratory Improvement Fund
Status: in_force

A. There is hereby established the "Firearms Laboratory

Improvement Fund". The fund shall be a continuing fund for the

Oklahoma State Bureau of Investigation. The fund shall not be

subject to fiscal year limitations and shall consist of monies

received from all state agencies which seize assets pursuant to the

Uniform Controlled Dangerous Substances Act during the fiscal year

ending June 30, 1994. Each agency's contribution shall be

determined on a pro rata basis based on the percentage of

forfeitures collected by the agency during the fiscal year ending

June 30, 1993, in relation to the total monetary value of all

forfeitures collected by all agencies contributing to the fund. The

amount each agency is to contribute shall be determined by the

Director of the Office of Management and Enterprise Services and the

Cabinet Secretary for Safety and Security. Funds shall be

transferred pursuant to a time schedule established by the Director

of the Office of Management and Enterprise Services and the Cabinet

Secretary for Safety and Security, but all such funds shall be

transferred as available. The total amount of money to be paid into

the fund shall not exceed One Hundred Forty-five Thousand Dollars

($145,000.00). Funds collected in the Drugfire Project Fund during

the 1994 fiscal year shall be carried over into the Firearms

Laboratory Improvement Fund. Expenditures from the fund shall be

made upon warrants issued by the State Treasurer against claims

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

Management and Enterprise Services for approval and payment.

B. The Firearms Laboratory Improvement Fund shall be used to

upgrade the firearms laboratory services of the Oklahoma State

Oklahoma Statutes - Title 74. State Government Page 319

Bureau of Investigation criminalistics laboratory. Expenditures

from the fund shall be used only for training of personnel, matching

funds for federal grants to obtain laboratory instrumentation, the

purchase of laboratory instrumentation and equipment, and to upgrade

existing laboratory instrumentation and equipment. If the Firearms

Laboratory Improvement Fund is not expended by June 30, 1996, funds

contributed by agencies shall be repaid to the agencies.
Okla. Stat. tit. 74, § 74-875 — OK Code / Title 74 / Section 74-875
Public trusts qualified to borrow money from Authority
Status: in_force

Public trusts created under the laws of the State of Oklahoma

for the purpose of financing industrial development projects

involving and specifically limited to new manufacturing or

industrial plant facilities, the relocation, refinancing or

expansion of existing manufacturing or industrial plant facilities

shall be qualified to borrow money from The Oklahoma Industrial

Finance Authority as an "Industrial Development Agency" within the

meaning of Article X, Section 33A of the Oklahoma State Constitution

Oklahoma Statutes - Title 74. State Government Page 590

and of 74 O.S. 1981, Section 853(d), and said Oklahoma Industrial

Finance Authority is authorized to accept applications for loans and

consider the merits thereof on the same basis as applications of any

other industrial development agency, subject to all other provisions

of law governing the making of such loans.
Okla. Stat. tit. 74, § 74-1908 — OK Code / Title 74 / Section 74-1908
Renumbered as § 2293 of Title 74 by Laws 2005, c. 363, §
Status: in_force

89, eff. Nov. 1, 2005.
Okla. Stat. tit. 74, § 74-317.1 — OK Code / Title 74 / Section 74-317.1
Bed and breakfast establishments - Exemption from State Fire Marshal Commission
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 14Fire Marshal Commission standards.

A. The following bed and breakfast establishments shall be

exempt from standards adopted by the State Fire Marshal Commission,

including but not limited to standards published by the National

Fire Protection Association, the Building Officials and Code

Administrators (BOCA) National Building Code and the Life Safety

Code, as it relates to sprinkler system and exit requirements only:

1. Bed and breakfast establishments which are open for business

prior to the effective date of this act; and

2. Bed and breakfast establishments which open for business on

or after the effective date of this act and which provide sleeping

accommodations of four rooms or less.

B. Municipalities may enact ordinances for bed and breakfast

establishments which are the same as or different from the rules

adopted by the State Fire Marshal Commission relating to sprinkler

system and exit requirements only.

C. For purposes of this section, "bed and breakfast

establishment" means a private house where sleeping accommodations

are available for transient guests for pay, maximum guest occupancy

in general not to exceed the total of two guests per room, and where

breakfast only is included in the rent.
Okla. Stat. tit. 74, § 74-61.8 — OK Code / Title 74 / Section 74-61.8
Reduction of property owned and leased by the state
Status: in_force

A. The Long-Range Capital Planning Commission shall work to

decrease the amount of property owned by Oklahoma state government,

return state-owned property to private sector ownership, better

maintain and utilize the state’s needed capital assets, and,

whenever possible, eliminate the practice of state agencies leasing

real property not owned by the state.

B. Each year, the Director of the Office of Management and

Enterprise Services, at the direction of the Long-Range Capital

Planning Commission, shall take action to approve the privatization

of state-owned real property as identified pursuant to the Oklahoma

State Government Asset Reduction and Cost Savings Program. Proceeds

Oklahoma Statutes - Title 74. State Government Page 120

from the liquidation of real properties shall be deposited into the

Maintenance of State Buildings Revolving Fund.

C. Prior to entering into or renewing a lease for real

property, each state agency, board, commission, and public trust

having the state as a beneficiary shall receive approval for

entering into the lease from the Office of Management and Enterprise

Services.

D. Prior to making a purchase of real property or constructing

a building, each state agency, board, commission, and public trust

having the state as a beneficiary shall receive approval for the

purchase or construction from the Director of the Office of

Management and Enterprise Services; provided, if such purchase or

construction is deemed by the Director of the Office of Management

and Enterprise Services to be within the authority of the Long-Range

Capital Planning Commission, the Director shall not approve the

purchase or construction and shall refer the request to the

Commission for action.

E. Prior to approval or referral pursuant to subsection C or D

of this section, the Office of Management and Enterprise Services

shall determine if the applicant entity can utilize already existing

state-owned real property as an alternative to leasing non-state-

owned real property or purchasing or constructing new real property.

If such existing state-owned real property is owned by the Oklahoma

Historical Society, is listed on the National Register of Historic

Places or with the National Trust for Historic Preservation, or is

potentially of historical significance, the Office of Management and

Enterprise Services shall notify the Oklahoma Historical Society and

obtain its approval prior to approving an application for its reuse.

F. No state agency, board, commission, or public trust having

the state as its beneficiary shall transfer any real property owned

by the agency, board, commission, or trust to any other state

agency, board, commission, state beneficiary trust, or any public or

private entity unless the transfer is first approved by the Long-

Range Capital Planning Commission. Any transfer made without the

prior approval of the Long-Range Capital Planning Commission as

required by this subsection may be reversed by the Long-Range

Capital Planning Commission and if a transfer is reversed the

agency, board, commission, state beneficiary trust, or other state

government entity to which the real property has been impermissibly

transferred shall take such actions to convey the subject property

to the entity from which the asset was acquired not later than

thirty (30) days from the date an order for such transfer is entered

by the Long-Range Capital Planning Commission. The Commission shall

not approve any transfer unless proceeds from the sale shall be

deposited within the Maintenance of State Buildings Revolving Fund

as established by Section 908 of Title 62 of the Oklahoma Statutes.

Oklahoma Statutes - Title 74. State Government Page 121

G. By February 1 of each year, the Office of Management and

Enterprise Services shall publish a report for the preceding

calendar year listing the parcels of previously state-owned property

sold, detailing the reduction in the amount of space leased by the

state, describing the source of funds and expenditures from the

Maintenance of State Buildings Revolving Fund, and showing the

manner in which deferred maintenance needs are being met. The

report shall be provided to the Governor, Speaker of the House of

Representatives, and President Pro Tempore of the Senate and placed

on the documents.ok.gov web portal.

H. This section shall not be applicable to the following or

their lands, properties, buildings, funds, or revenue:

1. The Oklahoma Ordnance Works Authority;

2. The Commissioners of the Land Office;

3. The Department of Transportation;

4. The Oklahoma Turnpike Authority; and

5. The Grand River Dam Authority.

I. The Director of the Office of Management and Enterprise

Services may make recommendations to the Long-Range Capital Planning

Commission for liquidation of underutilized properties that have

environmental issues, create a liability for the state, or create

expenses that make the continued ownership of the underutilized

property undesirable and the property has been offered through two

public auctions or sealed bids and no viable bids were received. If

the Long-Range Capital Planning Commission approves the liquidation

of the property, the Office of Management and Enterprise Services

may accept a bid of less than ninety percent (90%) of the appraised

value in accordance with Section 327 of Title 61 of the Oklahoma

Statutes.
Okla. Stat. tit. 74, § 74-234 — OK Code / Title 74 / Section 74-234
Duties of bureau
Status: in_force

The said bureau shall have for its object and duties the

following:

First. A study of the geological formations of the state with

special reference to its mineral deposits, including coal, oil, gas,

asphalt, gypsum, salt, cement, stone, clay, lead, zinc, iron, sand,

road building material, water resources and all other mineral

resources.

Second. The preparation and publication of bulletins and

reports, accompanied with necessary illustrations and maps,

including both general and detailed descriptions of the geological

structure and mineral resources of the state.

Third. The consideration of such other scientific and economic

questions as, in the judgment of the commission, shall be deemed of

value to the people.
Okla. Stat. tit. 74, § 74-5062.2 — OK Code / Title 74 / Section 74-5062.2
Statement of need - Oklahoma Development Finance
Status: in_force

Authority created - Status

A. Lack of response in this state to fundamental changes in

national and international markets has created an economic hardship

as manifested by high levels of unemployment and bankruptcy.

Structural changes in global capital markets and real goods markets

have had a profound impact on the availability of long-term capital

for Oklahoma's agricultural and industrial enterprises and for

infrastructure finance. There exists a need to improve, repair,

Oklahoma Statutes - Title 74. State Government Page 1107

replace and expand Oklahoma's infrastructure, which is vital to the

welfare of Oklahomans and to the economic development of the state.

B. It is hereby found that there exists in the state an

immediate and urgent need to provide the means and methods for

providing financing:

1. to complement the state's private financial institutions to

better serve their customers in ways which contribute to a

strengthened and diversified Oklahoma economy;

2. to promote and develop the expansion of existing and the

establishment of new agricultural enterprises and industrial

enterprises for the purpose of further alleviating unemployment

within the state and for providing additional employment;

3. to promote and target resources of the state to further the

development of export trade of state products for the purpose of the

economic development of the state and for providing additional

employment therefrom;

4. to assure the development of reliable, affordable, efficient

and environmentally compatible sources of energy for all types of

public and private consumption;

5. to provide health care facilities for the citizens and

inhabitants of the state;

6. to provide capital improvement facilities for the benefit of

the citizens and inhabitants of the state;

7. to provide, in conjunction with the Oklahoma Department of

Commerce, 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 said 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;

8. to provide educational facilities for educational

institutions within the state;

9. to provide for such additional facilities, enterprises and

projects as herein authorized; and

10. to provide for short-term advance funding and the purchase

of the obligations of political subdivisions throughout the state.

C. Any public trust organized pursuant to Title 60 of the

Oklahoma Statutes for the benefit of the entire State of Oklahoma

which has Seven Hundred Fifty Million Dollars ($750,000,000.00) or

more of issued and outstanding indebtedness, and if such

indebtedness has been issued for three (3) or more distinct

purposes, shall become eligible to become the Oklahoma Development

Finance Authority as provided by this act. Such trust may amend its

indenture to conform with the provisions of this act and, upon

certification by the Governor, such trust shall be known as and

exercise all of the powers of the Oklahoma Development Finance

Oklahoma Statutes - Title 74. State Government Page 1108

Authority as provided by law. After the certification of the trust

as the Oklahoma Development Finance Authority, the trustees of such

trust shall, with addition of other persons as provided by law,

become the board of directors of the Oklahoma Development Finance

Authority. The Oklahoma Development Finance Authority is hereby

constituted an instrumentality of the state and the exercise of the

authority and powers conferred by this act shall be deemed and held

to be the performance of an essential governmental function.
Okla. Stat. tit. 74, § 74-85.5 — OK Code / Title 74 / Section 74-85.5
Powers and duties of State Purchasing Director
Status: in_force

A. Except as otherwise provided in this section, the State

Purchasing Director, under the supervision of the Director of the

Office of Management and Enterprise Services, shall have sole and

exclusive authority and responsibility for all acquisitions by state

agencies. In order to carry out the powers and duties of the Chief

Information Officer and the Information Services Division, the Chief

Information Officer shall have sole and exclusive authority and

responsibility for all acquisitions of information and

telecommunications technology, equipment, software, products and

related peripherals and services by state agencies. Public

construction contracts are awarded pursuant to Title 61 of the

Oklahoma Statutes - Title 74. State Government Page 151

Oklahoma Statutes and are not subject to the Oklahoma Central

Purchasing Act.

B. Every state agency shall determine its own quantitative

needs for acquisitions and the general class or nature of the

acquisitions. The State Purchasing Director, after consultation

with the requisitioning state agency, shall have authority to

determine the particular brand, model or other specific

classification of each acquisition and to draft or invoke pursuant

to the Oklahoma Central Purchasing Act specifications establishing

the requirements for all necessary contracts or purchase orders.

C. The Director of the Office of Management and Enterprise

Services shall have authority and responsibility to promulgate rules

in connection with provisions of the Oklahoma Central Purchasing Act

for:

1. The time, manner, authentication and form of making

requisitions for acquisitions;

2. Inspection, analysis and testing of acquisitions or samples

bidders submit prior to contract award;

3. The form and manner of submission for bids or proposals a

bidder submits and the manner of accepting and opening bids or

proposals;

4. The conditions under which the Office of Management and

Enterprise Services shall require written contracts for

acquisitions, the conditions under which acquisitions may be made on

an open account basis, and the conditions and manner of negotiating

such contracts;

5. Obtaining acquisitions produced by state institutions;

6. Conditions under which any of the rules herein authorized

may be waived;

7. The amounts of and deposits on any bond or other surety

required to be submitted with a bid or contract for the furnishing

of acquisitions and the conditions under which such bond or other

surety shall be required;

8. The manner and conditions of delivery, which shall include

the designation of the common carrier of property to be used to

transport acquisitions whenever a common carrier is used, and the

acceptance, or rejection, including check of quantities, of any

acquisitions;

9. The form of any estimate, order or other information

required in connection with an acquisition;

10. State agency acquisitions not exceeding the acquisition

threshold amount requiring competitive bid to ensure

competitiveness, fairness, compliance with the Oklahoma Central

Purchasing Act and Section 3001 et seq. of this title, which relates

to the State Use Committee. The rules shall include separate

provisions based on acquisition amounts as follows:

Oklahoma Statutes - Title 74. State Government Page 152

a. state agencies shall make acquisitions not exceeding

Twenty-five Thousand Dollars ($25,000.00), provided

the acquisition process is fair and reasonable and is

conducted pursuant to rules authorized pursuant to

this section, and

b. state agencies with certified procurement officers and

internal purchasing procedures found compliant by the

State Purchasing Director may make acquisitions in

excess of the fair and reasonable acquisition

threshold amount provided for in this section and not

exceeding Two Hundred Fifty Thousand Dollars

($250,000.00), pursuant to rules authorized by this

section;

11. Training by the State Purchasing Director of state agency

procurement officers;

12. Review and audit by the State Purchasing Director of state

agency acquisitions;

13. The conditions for increasing acquisition limits for state

agencies which have had a prior reduction in acquisition limit by

the Director of the Office of Management and Enterprise Services;

14. Use of a state purchase card to make acquisitions;

15. Any other matter or practice which relates to the

responsibilities of the State Purchasing Director;

16. Conditions for determination and authorization of

acquisition threshold amounts of state agencies;

17. The form and manner of verification by suppliers that the

supplier is eligible to do business in the State of Oklahoma and has

obtained all necessary permits and licenses, pursuant to applicable

provisions of law; and

18. Payment procedure rules for state agencies to adhere to

regarding statewide contracts.

D. The State Purchasing Director shall provide training for

state agency procurement officials, and other procurement staff, and

is authorized to require retraining of such procurement personnel

found not to be in compliance with provisions of the Oklahoma

Central Purchasing Act or associated rules. The training may

include any matters related to state procurement practices. State

agency purchasing officials that demonstrate proficiency shall be

certified as "certified procurement officers" by the State

Purchasing Director and shall be authorized to make acquisitions

pursuant to provisions of the Oklahoma Central Purchasing Act and

associated rules. The State Purchasing Director may assess a fee to

state agencies for the training that does not exceed each state

agency's pro rata share of the costs the State Purchasing Director

incurs to provide the training.

E. The State Purchasing Director shall review state agency

acquisitions for the purposes of:

Oklahoma Statutes - Title 74. State Government Page 153

1. Ensuring state agency compliance with provisions of the

Oklahoma Central Purchasing Act;

2. Ensuring state agency compliance with rules promulgated by

the Office of Management and Enterprise Services pursuant to the

Oklahoma Central Purchasing Act;

3. Ensuring state agency compliance with provisions of Section

3001 et seq. of this title pertaining to the State Use Committee;

4. Reporting any acquisition by any state agency found not to

be in compliance with those sections or rules to the Director of the

Office of Management and Enterprise Services;

5. A determination by the State Purchasing Director to reduce a

state agency's acquisition authority amount when the state agency is

found not to be in compliance with the Oklahoma Central Purchasing

Act or associated rules or requirements of the State Purchasing

Director pursuant to this section; and

6. A determination by the State Purchasing Director to increase

a state agency's acquisition authority amount after the agency cures

deficiencies in connection with a prior reduction in the authority

amount by the State Purchasing Director.

F. Based on written findings and when recommended by the State

Purchasing Director, the Director of the Office of Management and

Enterprise Services may:

1. Transmit written findings by the State Purchasing Director

to the State Auditor and Inspector for further investigation,

indicating purchasing procedures that do not conform to the Oklahoma

Central Purchasing Act or associated rules; or

2. Transmit to the Attorney General or the State Auditor and

Inspector for further investigation a report made by the State

Purchasing Director that the Director of the Office of Management

and Enterprise Services reasonably believes indicates that an action

that constitutes a criminal violation pursuant to the Oklahoma

Central Purchasing Act or other laws has been taken by any state

agency, state agency official, bidder or supplier.

G. 1. Pursuant to the requirements of the Oklahoma Central

Purchasing Act, the State Purchasing Director shall have authority

to enter into any statewide, multistate or multigovernmental

contract. The state entity designated by law, as specified in

Section 1010.3 of Title 56 of the Oklahoma Statutes, shall

participate in the purchase of pharmaceuticals available through

such multistate or multigovernmental contracts entered into by the

State Purchasing Director.

2. Whenever it appears advantageous to the state or to any

state agency to purchase or otherwise acquire any acquisition which

may be offered for sale by the United States government or any

agency thereof, the State Purchasing Director may execute a contract

for the acquisition with the federal government or federal agency

and may also utilize contracts awarded by other governmental

Oklahoma Statutes - Title 74. State Government Page 154

agencies including, but not limited to, agencies of the United

States of America.

3. The State Purchasing Director may designate, for use by

state agencies, contracts described in this subsection and contracts

awarded on behalf of one or more state agencies.

4. Prior to exercising the authority to cancel a contract, the

State Purchasing Director may authorize renegotiation of an existing

contract with an incumbent supplier for the purposes of obtaining

more favorable terms for the state.

5. The State Purchasing Director shall have the authority to

designate certain contracts for state agencies as statewide

contracts and mandatory statewide contracts. In order to carry out

the powers and duties of the Chief Information Officer and

Information Services Division, the Chief Information Officer shall

have the authority to designate certain information technology and

telecommunication contracts as statewide contracts and mandatory

statewide contracts and may negotiate consolidation contracts,

enterprise agreements and high technology system contracts in lieu

of or in conjunction with competitive bidding procedures to reduce

acquisition cost.

6. The State Purchasing Director may publish such

specifications relating to materials, supplies, equipment and

services to be acquired for the state as may best promote

competition and apprise potential suppliers of the type of product

desired.

H. 1. The State Purchasing Director may develop and test new

contracting policies, procedures and innovations that hold potential

for making state procurement more effective and efficient and

identify, and make recommendations to the Legislature of, any

appropriate changes in law. Such development and testing, proof of

concept, pilot project or other similar test shall not be considered

an acquisition subject to the Oklahoma Central Purchasing Act.

2. The State Purchasing Director is authorized to explore and

investigate cost savings in energy, resource usage and maintenance

contracts and to identify and negotiate contract solutions

including, but not limited to, pilot projects to achieve cost

savings for this state.

I. The State Purchasing Director shall endeavor to satisfy

state agencies in terms of cost, quality and timeliness of the

delivery of acquisitions by using bidders who have a record of

successful past performance, promoting competition, minimizing

administrative operating costs and conducting business with

integrity, fairness and openness.

J. The State Purchasing Director shall undertake the following:

1. The use of electronic commerce pursuant to the Oklahoma

Online Bidding Act for solicitation, notification and other

purchasing processes;

Oklahoma Statutes - Title 74. State Government Page 155

2. Monitoring rules promulgated pursuant to the Oklahoma

Central Purchasing Act to ensure that the rules satisfy the

interests of the state, are clear and succinct and encourage

efficiency in purchasing processes;

3. A program to identify suppliers' performance records;

4. Development of criteria for the use of sealed bid

contracting procedures, negotiated contracting procedures, selection

of types of contracts, postaward administration of purchase orders

and contracts, addendums, termination of contracts and contract

pricing;

5. Continual improvement in the quality of the performance of

the Purchasing Division through training programs, management

seminars, development of benchmarks and key management indicators,

and development of standard provisions, clauses and forms;

6. The State Purchasing Director shall prescribe standardized

contract forms and all other forms or certifications requisite or

deemed necessary by the State Purchasing Director to effectuate the

provisions of the Oklahoma Central Purchasing Act and associated

rules;

7. Development of programs to improve customer relations

through training, improved communications and appointment of

technical representatives;

8. Provide for public two-way communication between procurement

officers and potential bidders who have questions regarding a

request for proposal or invitation to bid; and

9. Determine whether and to what extent information included in

a bid or similar offer is confidential and reject all requests to

disclose the information so designated.

K. The State Purchasing Director may utilize and authorize

state agencies to utilize reverse auctions to obtain acquisitions.

L. Prior to the award of a contract to a supplier, the State

Purchasing Director shall verify, pursuant to applicable provisions

of law, that the supplier is eligible to do business in this state

by confirming registration with the Secretary of State and franchise

tax payment status pursuant to Sections 1203 and 1204 of Title 68 of

the Oklahoma Statutes. The provisions of this subsection shall be

applicable only if the contract amount is Two Hundred Fifty Thousand

Dollars ($250,000.00) or greater.

M. On an annual basis, the State Purchasing Director shall

transmit to the Governor, Speaker of the House of Representatives

and President Pro Tempore of the Senate a report documenting the

savings realized by each agency through the application of best

spend practices including the collection and tracking of spend data,

strategic sourcing programs and implementation of managed and

mandatory statewide contracts and include in the report information

regarding emergency acquisitions.

Oklahoma Statutes - Title 74. State Government Page 156

N. The acquisition threshold amount applicable to an

acquisition made pursuant to this act or associated rules shall not

apply to state agency purchases; provided, the State Purchasing

Director determines the agency has subject matter experts on staff

having the specialized expertise to purchase goods or services, the

agency possesses the necessary legal and procurement staff to

procure and monitor the contracts and provided the Director of the

Office of Management and Enterprise Services shall certify that the

proposed purchase does not conflict with consolidated statewide

spend initiatives.

1. Nothing in this subsection shall give an agency authority to

issue statewide, multistate or multigovernmental contracts.

2. Agencies making purchases pursuant to this subsection shall:

a. be responsible for contracts awarded pursuant to this

subsection, which includes, but may not be limited to,

contract management, protest costs, all costs

connected with or incurred as a result of the

contract, including legal representation,

b. comply with rules and policies of the Office of

Management and Enterprise Services, and

c. report contracts issued pursuant to this subsection to

the Office of Management and Enterprise Services,

Central Purchasing Division, on a quarterly basis.

3. Purchases made in accordance with this subsection shall be

made pursuant to rules authorized by this section.

O. The State Purchasing Director, with approval by the Director

of the Office of Management and Enterprise Services, is authorized

to make use of any state laboratories for the tests and analyses

authorized in this section wherever practicable and to use private

laboratories or the laboratories of another government agency if it

is impracticable to use state laboratories. The State Purchasing

Director is further authorized to cooperate in test and analysis

programs or agreements with other states or the United States

government and to accept federal funds and funds donated by private

endowments or foundations for the purpose of participation in such

testing programs.

P. The State Purchasing Director shall require all contractors

or subcontractors who have entered into a contract with a public

employer to submit an affidavit that the contractor or subcontractor

is in compliance with the provisions of Section 1313 of Title 25 of

the Oklahoma Statutes. If the State Purchasing Director determines

that a contractor or subcontractor has knowingly submitted a false

affidavit:

1. The contractor or subcontractor shall be liable for an

administrative penalty of Five Thousand Dollars ($5,000.00) for the

first offense, which shall increase by Two Thousand Dollars

($2,000.00) for each subsequent offense; and

Oklahoma Statutes - Title 74. State Government Page 157

2. The public employer or the Office of Management and

Enterprise Services may terminate the contract with the contractor

or subcontractor.
Okla. Stat. tit. 74, § 74-2273 — OK Code / Title 74 / Section 74-2273
Certified copy of issuance proceedings to be submitted to
Status: in_force

Attorney General.

Before any bond shall be issued and delivered by the Commission,

a certified copy of the proceedings for the issuance thereof,

together with any other information which the Attorney General of

the State of Oklahoma may require shall be submitted to the Attorney

General. If the Attorney General shall find that the notes and

bonds have been issued in accordance with the law, the Attorney

General shall approve the notes and bonds and execute a certificate

to that effect. The Attorney General shall file the certificates in

Oklahoma Statutes - Title 74. State Government Page 928

the Office of the State Auditor and Inspector, and the certificates

shall be recorded in a record kept for that purpose. All notes and

bonds approved by the Attorney General and issued in accordance with

the approved proceedings shall be valid and binding obligations of

the Commission and shall be incontestable from and after the date of

such approval.
Okla. Stat. tit. 74, § 74-5062.32 — OK Code / Title 74 / Section 74-5062.32
Definitions
Status: in_force

As used in the Military Base Protection and Expansion Incentive

Act:

1. “Authority” means the Oklahoma Development Finance

Authority;

2. “Capital project” means the acquisition, construction,

expansion, replacement, or renovation of a municipal, county or

school district facility, including real property, buildings, and

other fixed assets. Capital project shall not include furnishings

or equipment that is not a fixed asset; and

3. “Qualified issuer” means a municipality, county, school

district, or public trust of which a municipality, county or school

district is the beneficiary that:

a. is located in or adjacent to a county that is home to

a military installation receiving military or mission

expansion from the 2005 Base Realignment and Closure

Commission (BRAC) recommendations, and

b. encompasses all or part of a school district that is

entitled to receive federal impact aid dollars or

federal payment in lieu of tax dollars for the most

recently completed school year.
Okla. Stat. tit. 74, § 74-5063.12 — OK Code / Title 74 / Section 74-5063.12
Term of bonds - Direct or private placement sale -
Status: in_force

Notice of sale - Bids and bidding.

The bonds shall have such terms and may be issued in accordance

with the applicable provisions of the Oklahoma Development Finance

Authority Act, Section 5062.1 et seq. of this title, except that the

Oklahoma Statutes - Title 74. State Government Page 1147

bonds shall mature no later than twenty-five (25) years after the

date of such bonds and shall be sold in one or a combination of the

following methods:

1. By direct or private placement sale, provided bids are

solicited from a register of no less than five (5) institutions

maintained by the Authority, including entities of the State of

Oklahoma having the legal ability to invest in general obligations

of the State of Oklahoma. The Authority shall award the sale, if

any, to the bidder offering to purchase the bonds at a price which

results in the lowest net interest cost to the state as determined

by computing the total interest cost from date to maturity, and

deducting therefrom any premium bid and adding thereto the amount of

any discount bid; or

2. By public sale on sealed bids, after notice published by the

chairman of the board of directors of the Authority for at least one

insertion not less than ten (10) days before the date of sale in a

newspaper of general circulation in this state and in a financial

newspaper or journal published in the Borough of Manhattan, City and

State of New York. The Authority shall award the sale, if any, to

the bidder offering to purchase the bonds at a price which results

in the lowest net interest cost to the state as determined by

computing the total interest cost from date to maturity, and

deducting therefrom any premium bid and adding thereto the amount of

any discount bid. The Authority shall reserve the right to reject

all bids. The notice shall contain such other terms and provisions

as the Authority determines to be desirable.
Okla. Stat. tit. 74, § 74-5215 — OK Code / Title 74 / Section 74-5215
Renumbered as § 525 of Title 3 by Laws 2025, c. 274, §
Status: in_force

32, eff. July 1, 2025.
Okla. Stat. tit. 74, § 74-9210 — OK Code / Title 74 / Section 74-9210
Private providers network area coverage map data
Status: in_force

A. On or before October 31, 2022, and annually thereafter, in

accordance with the FCC Data Collection and Methodology, private

broadband service providers operating in this state and satellite-

based broadband private providers that have been designated as an

eligible telecommunications carrier pursuant to 47 U.S.C., Section

214(e)(6) for any portion of Oklahoma, hereinafter referred to as

"private providers", shall submit to the Oklahoma Broadband Office

the broadband network area coverage map data the private providers

are required to submit to the FCC pursuant to the federal Broadband

Deployment Accuracy and Technological Availability Act, 47 U.S.C.,

Section 641 et seq. The map data shall be updated annually through

a supplemental submission by the private providers that reflects

changes in area coverage from the preceding year, including updates

that are the result of incentives and grants created, administered,

or awarded by the Office. The Office is authorized to promulgate

rules for the collection of the broadband network area coverage map

reports from the private providers.

B. On or before October 31 of each year, OneNet, the Office of

Management and Enterprise Services, the Oklahoma Corporation

Commission, and the Oklahoma Department of Transportation,

hereinafter referred to as "public entities", shall submit to the

Office and the Broadband Expansion Council broadband network area

coverage map data of all assets and network coverage in the format

requested by the Office.

Oklahoma Statutes - Title 74. State Government Page 1281

C. Private providers and public entities shall disclose to the

Office the properties they serve and the maximum advertised download

and upload speeds at which they provide any Internet services to

those properties.

D. The reports and information required to be disclosed

pursuant to this section by private providers shall remain

confidential pursuant to Section 24A.10 of Title 51 of the Oklahoma

Statutes. The Office shall determine the required submission format

of the data submitted under the provisions of this act.

E. On or before December 1 of each year, the Office shall

update the statewide broadband services map required by subsection E

of Section 5 of this act using the data collected under the

provisions of this act in a manner that identifies the assets and

service areas of the public entities while displaying anonymized

information, without reference to any specific private provider, of

the assets and service areas of private providers.
Okla. Stat. tit. 74, § 74-150.12A-1 — OK Code / Title 74 / Section 74-150.12A-1
Missing and murdered indigenous persons — Office of
Status: in_force

Liaison for Missing and Murdered Indigenous Persons.

A. The Oklahoma State Bureau of Investigation shall coordinate

with the United States Attorney's Office and the United States

Department of Justice to coordinate efforts and gather data to

address the issue of missing and murdered indigenous persons in the

State of Oklahoma.

B. The Bureau shall create an Office of Liaison for Missing and

Murdered Indigenous Persons. Any individual hired within the Office

shall have significant experience working with tribal communities.

Subject to available funding, the Office shall include a missing

persons specialist.

C. The Office of Liaison for Missing and Murdered Indigenous

Persons shall:

1. Work with state, tribal and federal law enforcement agencies

on missing persons and homicide cases involving American Indian

individuals;

2. Develop a best practices protocol for law enforcement

response to missing persons reports involving American Indian

individuals;

3. Assist families, tribal agencies and nongovernmental

entities in using the National Missing and Unidentified Persons

System (NamUs) and other resources;

4. Provide guidance to victims' families with navigating state

and federal district court cases;

5. Coordinate with other state offices including, but not

limited to, the Office of the Chief Medical Examiner, agency tribal

liaisons and the Secretary of Native American Affairs to develop

training and education on missing and murdered indigenous persons

issues and the state-tribal government-to-government relationship;

Oklahoma Statutes - Title 74. State Government Page 300

6. Facilitate trainings for law enforcement and members of the

public on issues relating to missing and murdered indigenous

persons; and

7. Consult with community organizations that serve indigenous

populations to promote community relations and develop best

practices.
Okla. Stat. tit. 74, § 74-227.27 — OK Code / Title 74 / Section 74-227.27
Renumbered as Section 40 of Title 1 of the Oklahoma
Status: in_force

Statutes by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
Okla. Stat. tit. 74, § 74-152.11 — OK Code / Title 74 / Section 74-152.11
Bill of sale or invoice – Records - Violation
Status: in_force

A. Before purchasing or acquiring pipeline equipment, oil field

equipment or used materials, a dealer, broker, or peddler shall

require that a bill of sale or invoice for the used materials be

executed by the seller or the person who acquires the pipeline

equipment, oil field equipment or used materials. The dealer,

broker, or peddler shall keep a copy of each bill of sale or invoice

at the place of business of the dealer, broker or peddler.

B. The bill of sale or invoice shall include:

1. The name and address of the dealer, broker, or peddler;

2. The serial or other identifying number of the pipeline

equipment, oil field equipment or used materials, if available;

3. The kind, make, size, weight, length, and quantity of the

pipeline equipment, oil field equipment or used materials purchased

or acquired;

4. The date of the purchase or acquisition, if different from

the date of the bill of sale or invoice;

Oklahoma Statutes - Title 74. State Government Page 338

5. The name and address of the seller; and

6. The legal description and well name or physical address of

the property at the time purchased or acquired.

C. A dealer, broker or peddler shall keep at the place of

business of the dealer, broker or peddler all records required to be

kept pursuant to this section for two (2) years after the date of

the purchase or acquisition of the materials.

D. A person, dealer, peddler or broker who violates the

provisions of this section shall, upon conviction, be punished by a

fine of not less than Five Hundred Dollars ($500.00) for each

violation.
Okla. Stat. tit. 74, § 74-5062.16 — OK Code / Title 74 / Section 74-5062.16
Covenant and consent to inclusion of interest on bonds
Status: in_force

in gross income.

The Authority may covenant and consent that the interest on

certain of its bonds shall be includable under the Internal Revenue

Code of 1986, as amended, or any subsequent corresponding internal

revenue law of the United States in the gross income of the owners

thereof to the same extent and in the same manner that the interest

on bills, bonds, notes or other obligations of the United States is

includable in the gross income of the owners thereof under said

Internal Revenue Code or any such subsequent law. Nothing contained

herein shall be construed to covenant or consent or to authorize any

covenant or consent to the application of any other provision of any

other laws, federal or state, to the Authority or to its bonds or to

the elimination or modification in any way of any other exemption,

privilege or immunity thereof.
Okla. Stat. tit. 74, § 74-1705 — OK Code / Title 74 / Section 74-1705
The Oklahoma State Employees Deferred Compensation Plan
Status: in_force

Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State Employees Deferred Compensation Plan. The

fund shall be designated "The Oklahoma State Employees Deferred

Compensation Plan Fund". The revolving fund shall be a continuing

fund and shall consist of all monies other than appropriated funds

received by the Oklahoma State Employees Deferred Compensation Plan

pursuant to statutory authority. Monies accruing to the fund may be

expended by the Oklahoma Public Employees Retirement System pursuant

to the laws of this state. Disbursements from the fund created

Oklahoma Statutes - Title 74. State Government Page 859

herein shall be made on warrants issued by the State Treasurer

against claims submitted to the Director of the Office of Management

and Enterprise Services for payment.
Okla. Stat. tit. 74, § 74-18g — OK Code / Title 74 / Section 74-18g
Appearance not waiver of immunity of State
Status: in_force

The appearance of the Attorney General in any matter, proceeding or

action in any court, before any commission, board or officer, shall

not be construed to waive the immunity of the State of Oklahoma from

being sued.
Okla. Stat. tit. 74, § 74-150.25 — OK Code / Title 74 / Section 74-150.25
A.F.I.S. Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State Bureau of Investigation, to be designated the

"A.F.I.S. Fund". The fund shall be a continuing fund, not subject

to fiscal year limitations, and shall consist of all monies received

by the Oklahoma State Bureau of Investigation, from appropriations,

federal grants and assessments levied to said fund pursuant to law.

All monies accruing to the credit of said fund are hereby

appropriated and shall be budgeted and expended by the Oklahoma

State Bureau of Investigation for the purpose of maintaining and

operating the Automated Fingerprint Identification System (A.F.I.S.)

until the indebtedness for the purchase of the automated fingerprint

identification system equipment has been satisfied and to purchase

equipment and provide training to law enforcement agencies located

in the state, pursuant to Section 62.9 of this title. After the

indebtedness has been satisfied, any monies not necessary for the

maintenance, operating and upgrading expenses of the A.F.I.S. may be

used for purchase, renovation or leasing of buildings, upgrading of

laboratory equipment, and other capital expenditures of the Oklahoma

State Bureau of Investigation and to purchase equipment and provide

training to law enforcement agencies located in the state, pursuant

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

made upon warrants issued by the State Treasurer against claims

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

Management and Enterprise Services for approval and payment.

Oklahoma Statutes - Title 74. State Government Page 310
Okla. Stat. tit. 74, § 74-150.21b — OK Code / Title 74 / Section 74-150.21b
OSBI reports concerning use of deadly force
Status: in_force

Notwithstanding any other provisions of law, when the

Commissioner of Public Safety has requested the Oklahoma State

Bureau of Investigation to conduct a criminal investigation of any

incident involving the use of deadly force by a commissioned officer

of the Department of Public Safety while in the official performance

of such officer’s duties, the Commissioner may use the report and

Oklahoma Statutes - Title 74. State Government Page 307

the investigative information and materials in the furtherance of

administrative matters within the Department, including, but not

limited to, taking personnel actions and conducting internal

investigations. Under no circumstances shall an OSBI report of its

investigation of any incident involving the use of deadly force by a

commissioned officer of any law enforcement agency other than the

Department of Public Safety be provided to the employing agency for

the purpose of or be used by that agency for the purpose of

administrative matters or any purpose other than criminal

prosecution.
Okla. Stat. tit. 74, § 74-1304.1 — OK Code / Title 74 / Section 74-1304.1
Oklahoma Employees Insurance and Benefits Board
Status: in_force

A. The State and Education Employees Group Insurance Board and

the Oklahoma State Employees Benefits Council are hereby abolished.

Wherever the State and Education Employees Group Insurance Board and

the Oklahoma State Employees Benefits Council are referenced in law,

that reference shall be construed to mean the Oklahoma Employees

Insurance and Benefits Board.

B. There is hereby created the Oklahoma Employees Insurance and

Benefits Board.

C. The chair and vice-chair shall be elected by the Board

members at the first meeting of the Board and shall preside over

Oklahoma Statutes - Title 74. State Government Page 782

meetings of the Board and perform other duties as may be required by

the Board. Upon the resignation or expiration of the term of the

chair or vice-chair, the members shall elect a chair or vice-chair.

The Board shall elect one of its members to serve as secretary.

D. The Board shall consist of seven (7) members to be appointed

as follows:

1. The State Insurance Commissioner, or designee;

2. Four members shall be appointed by the Governor;

3. One member shall be appointed by the Speaker of the Oklahoma

House of Representatives; and

4. One member shall be appointed by the President Pro Tempore

of the Oklahoma State Senate.

E. The appointed members shall:

1. Have demonstrated professional experience in investment or

funds management, public funds management, public or private group

health or pension fund management, or group health insurance

management;

2. Be licensed to practice law in this state and have

demonstrated professional experience in commercial matters; or

3. Be licensed by the Oklahoma Accountancy Board to practice in

this state as a public accountant or a certified public accountant.

In making appointments that conform to the requirements of this

subsection, at least one but not more than three members shall be

appointed each from paragraphs 2 and 3 of this subsection by the

combined appointing authorities.

F. Each member of the Board shall serve a term of four (4)

years from the date of appointment.

G. Members of the Board shall be subject to the following:

1. The appointed members shall each receive compensation of

Five Hundred Dollars ($500.00) per month. Appointed members who

fail to attend a regularly scheduled meeting of the Board shall not

receive the related compensation;

2. The appointed members shall be reimbursed for their

expenses, according to the State Travel Reimbursement Act, as are

incurred in the performance of their duties, which shall be paid

from the Health Insurance Reserve Fund;

3. In the event an appointed member does not attend at least

seventy-five percent (75%) of the regularly scheduled meetings of

the Board during a calendar year, the appointing authority may

remove the member;

4. A member may also be removed for any other cause as provided

by law;

5. No Board member shall be individually or personally liable

for any action of the Board; and

6. Participation on the Board is contingent upon maintaining

all necessary annual training as may be required through the Health

Insurance Portability and Accountability Act of 1996, Medicare

Oklahoma Statutes - Title 74. State Government Page 783

contracting requirements or other statutory or regulatory

guidelines.

H. The Board shall meet as often as necessary to conduct

business but shall meet no less than four times a year, with an

organizational meeting to be held prior to December 1, 2012. The

organizational meeting shall be called by the Insurance

Commissioner. A majority of the members of the Board shall

constitute a quorum for the transaction of business, and any

official action of the Board must have a favorable vote by a

majority of the members of the Board present.

I. Except as otherwise provided in this subsection, no member

of the Board shall be a lobbyist registered in this state as

provided by law, or be employed directly or indirectly by any firm

or health care provider under contract to the State and Education

Employees Group Insurance Board, the Oklahoma State Employees

Benefits Council, or the Oklahoma Employees Insurance and Benefits

Board, or any benefit program under its jurisdiction, for any goods

or services whatsoever. Any physician member of the Board shall not

be subject to the provisions of this subsection.

J. Any vacancy occurring on the Board shall be filled for the

unexpired term of office in the same manner as provided for in

subsection D of this section.

K. The Board shall act in accordance with the provisions of the

Oklahoma Open Meeting Act, the Oklahoma Open Records Act and the

Administrative Procedures Act.

L. The Administrative Director of the Courts shall designate

grievance panel members as shall be necessary. The members of the

grievance panel shall consist of two attorneys licensed to practice

law in this state and one state-licensed health care professional or

health care administrator who has at least three (3) years practical

experience, has had or has admitting privileges to a hospital in

this state, has a working knowledge of prescription medication, or

has worked in an administrative capacity at some point in his or her

career. The state health care professional shall be appointed by

the Governor. At the Governor's discretion, one or more qualified

individuals may also be appointed as an alternate to serve on the

grievance panel in the event the Governor's primary appointee

becomes unable to serve.

M. The Oklahoma Health Care Authority shall work in conjunction

with the Office of Management and Enterprise Services to determine

state employee benefit elections and eligibility, and the Oklahoma

Health Care Authority shall have the following duties,

responsibilities and authority with respect to the administration of

the flexible benefits plan authorized pursuant to the State

Employees Flexible Benefits Act and the Oklahoma State Employees

Benefits Act:

Oklahoma Statutes - Title 74. State Government Page 784

1. To construe and interpret the plan, and decide all questions

of eligibility in accordance with 26 U.S.C.A., Section 1 et seq.;

2. To select those benefits which shall be made available to

participants under the plan, according to applicable laws and rules;

3. To prescribe procedures to be followed by participants in

making elections and filing claims under the plan;

4. Beginning with the plan year which begins on January 1,

2013, to select and contract with one or more providers to offer a

group TRICARE Supplement product to eligible employees who are

eligible TRICARE beneficiaries. Any membership dues required to

participate in a group TRICARE Supplement product offered pursuant

to this paragraph shall be paid by the employee. As used in this

paragraph, "TRICARE" means the Department of Defense health care

program for active duty and retired service members and their

families;

5. To prepare and distribute information communicating and

explaining the plan to participating employers and participants.

Health maintenance organizations or other third-party insurance

vendors may be directly or indirectly involved in the distribution

of communicated information to participating state agency employers

and state employee participants subject to the following condition:

the Board shall verify all marketing and communications information

for factual accuracy prior to distribution;

6. To receive from participating employers and participants

such information as shall be necessary for the proper administration

of the plan, and any of the benefits offered thereunder;

7. To furnish the participating employers and participants such

annual reports with respect to the administration of the plan as are

reasonable and appropriate;

8. To keep reports of benefit elections, claims and

disbursements for claims under the plan;

9. To negotiate for best and final offer through competitive

negotiation with the assistance and through the purchasing

procedures adopted by the Office of Management and Enterprise

Services and contract with federally qualified health maintenance

organizations under the provisions of 42 U.S.C., Section 300e et

seq., or with health maintenance organizations granted a certificate

of authority by the Insurance Commissioner pursuant to the Health

Maintenance Reform Act of 2003 for consideration by participants as

an alternative to the health plans offered by the Oklahoma Employees

Insurance and Benefits Board, and to transfer to the health

maintenance organizations such funds as may be approved for a

participant electing health maintenance organization alternative

services. The Board may also select and contract with a vendor to

offer a point-of-service plan. An HMO may offer coverage through a

point-of-service plan, subject to the guidelines established by the

Board. However, if the Board chooses to offer a point-of-service

Oklahoma Statutes - Title 74. State Government Page 785

plan, then a vendor that offers both an HMO plan and a point-of-

service plan may choose to offer only its point-of-service plan in

lieu of offering its HMO plan. The Board may, however, renegotiate

rates with successful bidders after contracts have been awarded if

there is an extraordinary circumstance. An extraordinary

circumstance shall be limited to insolvency of a participating

health maintenance organization or point-of-service plan,

dissolution of a participating health maintenance organization or

point-of-service plan or withdrawal of another participating health

maintenance organization or point-of-service plan at any time during

the calendar year. Nothing in this section of law shall be

construed to permit either party to unilaterally alter the terms of

the contract;

10. To retain as confidential information the initial Request

For Proposal offers as well as any subsequent bid offers made by the

health plans prior to final contract awards as a part of the best

and final offer negotiations process for the benefit plan;

11. To promulgate administrative rules for the competitive

negotiation process;

12. To require vendors offering coverage to provide such

enrollment and claims data as is determined by the Board. The Board

shall be authorized to retain as confidential any proprietary

information submitted in response to the Board's Request For

Proposal. Provided, however, that any such information requested by

the Board from the vendors shall only be subject to the

confidentiality provision of this paragraph if it is clearly

designated in the Request For Proposal as being protected under this

provision. All requested information lacking such a designation in

the Request For Proposal shall be subject to Section 24A.1 et seq.

of Title 51 of the Oklahoma Statutes. From health maintenance

organizations, data provided shall include the current Health Plan

Employer Data and Information Set (HEDIS);

13. To authorize the purchase of any insurance deemed necessary

for providing benefits under the plan including indemnity dental

plans, provided that the only indemnity health plan selected by the

Board shall be the indemnity plan offered by the Board, and to

transfer to the Board such funds as may be approved for a

participant electing a benefit plan offered by the Board. All

indemnity dental plans shall meet or exceed the following

requirements:

a. they shall have a statewide provider network,

b. they shall provide benefits which shall reimburse the

expense for the following types of dental procedures:

(1) diagnostic,

(2) preventative,

(3) restorative,

(4) endodontic,

Oklahoma Statutes - Title 74. State Government Page 786

(5) periodontic,

(6) prosthodontics,

(7) oral surgery,

(8) dental implants,

(9) dental prosthetics, and

(10) orthodontics, and

c. they shall provide an annual benefit of not less than

One Thousand Five Hundred Dollars ($1,500.00) for all

services other than orthodontic services, and a

lifetime benefit of not less than One Thousand Five

Hundred Dollars ($1,500.00) for orthodontic services;

14. To communicate deferred compensation programs as provided

in Section 1701 of this title;

15. To assess and collect reasonable fees from contracted

health maintenance organizations and third-party insurance vendors

to offset the costs of administration;

16. To accept, modify or reject elections under the plan in

accordance with the Oklahoma State Employees Benefits Act and 26

U.S.C.A., Section 1 et seq.;

17. To promulgate election and claim forms to be used by

participants;

18. To adopt rules requiring payment for medical and dental

services and treatment rendered by duly licensed hospitals,

physicians and dentists. Unless the Board has otherwise contracted

with the out-of-state health care provider, the Board shall

reimburse for medical services and treatment rendered and charged by

an out-of-state health care provider at least at the same percentage

level as the network percentage level of the fee schedule

established by the Oklahoma Employees Insurance and Benefits Board

if the insured employee was referred to the out-of-state health care

provider by a physician or it was an emergency situation and the

out-of-state provider was the closest in proximity to the place of

residence of the employee which offers the type of health care

services needed. For purposes of this paragraph, health care

providers shall include, but not be limited to, physicians,

dentists, hospitals and special care facilities;

19. To enter into a contract with out-of-state providers in

connection with any PPO or hospital or medical network plan which

shall include, but not be limited to, special care facilities and

hospitals outside the borders of the State of Oklahoma. The

contract for out-of-state providers shall be identical to the in-

state provider contracts. The Board may negotiate for discounts

from billed charges when the out-of-state provider is not a network

provider and the member sought services in an emergency situation,

when the services were not otherwise available in the State of

Oklahoma or when the Administrator appointed by the Board approved

the service as an exceptional circumstance;

Oklahoma Statutes - Title 74. State Government Page 787

20. To create the establishment of external appeals procedures

for complaints by insured employees in the two following manners:

a. independent review organizations, accredited by a

national accrediting body, shall act as appeals bodies

for complaints by insured employees regarding adverse

benefit determinations based on:

(1) medical judgment,

(2) whether the insurer is complying with the

surprise billing and cost-sharing protections set

forth in Sections 2799A-1 and 2799A-2 of the

Public Health Services Act, 42 U.S.C. 201 et

seq., and

(3) a recission in coverage,

b. a three-member grievance panel, which shall act as an

appeals body for complaints by insured employees

regarding all other issues.

The appeals procedures provided by this paragraph shall be the

exclusive remedies available to insured employees having complaints

against the insurer. The appeals procedures of the three-member

grievance panel shall be subject to the Oklahoma Administrative

Procedures Act, including provisions thereof for review of agency

decisions by the district court. The grievance panel shall schedule

a hearing within sixty (60) days from the date the grievance panel

receives a written request for a hearing unless the panel orders a

continuance for good cause shown. Upon written request by the

insured employee to the grievance panel and received not less than

ten (10) days before the hearing date, the grievance panel shall

cause a full stenographic record of the proceedings to be made by a

competent court reporter at the insured employee's expense; and

21. To intercept monies owing to plan participants from other

state agencies, when those participants in turn owe money to the

Oklahoma Health Care Authority, and to ensure that the participants

are afforded due process of law.

N. Except for a breach of fiduciary obligation, a Board member

shall not be individually or personally responsible for any action

of the Board.

O. The Board shall operate in an advisory capacity to the

Oklahoma Health Care Authority.

P. The members of the Board shall not accept gifts or

gratuities from an individual organization with a value in excess of

Ten Dollars ($10.00) per year. The provisions of this section shall

not be construed to prevent the members of the Board from attending

educational seminars, conferences, meetings or similar functions.
Okla. Stat. tit. 74, § 74-5062.10 — OK Code / Title 74 / Section 74-5062.10
Bonds
Status: in_force

A. The Authority shall have the power and is hereby authorized

to borrow money and to issue its bonds in such principal amounts as

the Authority determines shall be necessary to provide sufficient

funds for: (a) the providing of financing for all or any part of

any projects of the state or any of its political subdivisions as

authorized under this act; (b) the providing of financing assistance

to the state or political subdivisions as authorized under this act;

(c) the payment of interest on bonds of the Authority; (d) the

establishment of reserves to secure the bonds; and (e) all other

expenditures of the Authority incident to and necessary or

convenient to carry out its purposes and powers, including the

payment of any credit enhancement fees and costs of issuance

incurred in connection with the issuance of bonds. The Authority

shall have the power to make expenditures for purposes of insuring

and securing holders of bonds as provided in this act.

B. The Authority shall have the power to refund any bonds and

any bonds, notes or other obligations heretofore or hereafter issued

by any other issuer of bonds in the state if the Authority is

authorized hereunder to issue bonds for the purpose the refunded

bonds were issued by the issuance of new bonds, whether the bonds to

be refunded have or have not matured, and to issue bonds partly to

refund bonds then outstanding and partly for any of its corporate

purposes. Refunding bonds may be issued in such amount as the

Authority may determine, but not exceeding an amount sufficient to

refund the principal amount of the bonds or notes to be refunded,

together with any unpaid interest accrued and to accrue thereon and

any premiums, expenses and commissions incurred in connection with

the issuance of such refunding bonds and any reserve established in

connection with the issuance of such refunding bonds. The refunding

bonds may be sold and the proceeds applied to the purchase,

redemption, or payment of the bonds to be refunded or exchanged for

the bonds to be refunded, all as determined by the Authority.

C. All bonds of the Authority shall be either (i) general

obligations of the Authority, secured by any and all moneys and

revenues of the Authority, (ii) special and limited obligations of

Oklahoma Statutes - Title 74. State Government Page 1127

the Authority, secured and payable solely out of the revenues and

receipts derived pursuant to a financing agreement, or (iii) both

general and special limited obligations, as may be designated in the

proceedings of the Authority under which the bonds shall be

authorized to be issued.

D. The bonds shall be authorized by resolution or resolutions

of the Authority, shall be dated such date or dates, and shall

mature at such time or times as such resolution or resolutions may

provide. The bonds shall bear interest at such rate or rates or

contain terms providing for the means of determining such rate or

rates, including variations in such rates, but not to exceed an

average interest rate of fourteen percent (14%) per annum if the

interest thereon is not includable in the gross income of the

recipients thereof for federal income tax purposes or eighteen

percent (18%) per annum if the interest thereon is includable in the

gross income of recipients thereof for federal income tax purposes,

be in such denomination, be in such form, either coupon or

registered, or in book-entry form, carry such registration

privileges, be executed in such manner, be payable in such medium of

payment, at such place or places, and be subject to such term of

redemption, including redemptions prior to maturity, as such

resolution or resolutions may provide. The bonds of the Authority

may be sold by the Authority at public or private sale, and at the

price or prices as the Authority shall determine.

E. Any resolution or resolutions authorizing any bonds or any

issue thereof may contain provisions, which shall be a part of the

contract or contracts with the owners thereof, as to:

1. pledging all or any part of the revenues to secure the

payment of the bonds or of any issue thereof, subject to such

agreements with bondowners as may then exist;

2. pledging all or any part of the assets of the Authority,

including mortgages and obligations securing the same, to secure the

payment of the bonds or of any issue of bonds, subject to the

agreements with bondowners as may then exist;

3. the use and disposition of the gross income from assets of

any type owned by the Authority and payment of principal of assets

of any type owned by the Authority;

4. the setting aside of reserves or sinking funds and the

regulations and disposition thereof;

5. limitations on the purpose to which the proceeds of sale of

bonds may be applied and pledging the proceeds to secure the payment

of the bonds;

6. limitations on the issuance of additional bonds; the terms

upon which additional bonds may be issued and secured; and the

refunding of outstanding or other bonds;

7. the procedure, if any, by which the terms of any contract

with bondowners may be amended or abrogated, the amount of bonds the

Oklahoma Statutes - Title 74. State Government Page 1128

owners of which must consent thereto, and the manner in which the

consent may be given;

8. vesting in a trustee such property, rights, powers and

duties in trust as the Authority may determine, which may include

any or all of the rights, powers, and duties of the trustee

appointed by the bondowners pursuant to this act and limiting or

abrogating the right of bondowners to appoint a trustee under this

act or limiting the rights, powers, and duties of the trustee;

9. defining the acts or omissions to act which shall constitute

a default in the obligations and duties of the Authority to the

owners of the bonds and providing for the rights and remedies of the

owners of the bonds in the event of default, including as a matter

of right the appointment of a receiver; but the rights and remedies

shall not be inconsistent with the general laws of the state and

other provisions of this act; and

10. any other matters, of like or different character, which in

any way affect the security or protection of the owners of the

bonds.

F. Any pledge made by the Authority shall be valid and binding

from the time when the pledge is made. The revenues, monies, or

property so pledged and thereafter received by the Authority shall

immediately be subject to the lien of such pledge without any

physical delivery thereof or further act, and the lien of any such

pledge shall be valid and binding as against all parties having

claims of any kind in tort, contract, or otherwise against the

Authority, irrespective of trust indenture whether the parties have

notice thereof. Neither the resolution, trust indenture nor any

other instrument by which a pledge is created need be recorded.

G. Bonds of the Authority may be secured by resolution of the

Authority or a trust indenture or similar document by and between

the Authority and a corporate trustee, which may be any bank having

the power of a trust company or any trust company within or without

the state. Such resolution, trust indenture or similar document may

contain such provisions for protecting and enforcing the rights and

remedies of the bondowners as may be reasonable and proper and not

in violation of law, including covenants setting forth the duties of

the Authority in relation to the exercise of its corporate powers

and the custody, safeguarding and application of all monies. The

Authority may provide by the resolution or trust indenture for the

payment of the proceeds of the bonds and the revenues to the trustee

under the trust indenture or other depository, and for the method of

disbursement thereof, with such safeguards and restrictions as it

may determine.

H. Whether or not the bonds are of the form and character as to

be negotiable instruments under the terms of the Uniform Commercial

Code, the bonds are hereby made negotiable instruments within the

meaning of and for all the purposes of the Uniform Commercial Code,

Oklahoma Statutes - Title 74. State Government Page 1129

subject only to the provisions of the bonds relating to

registration.

I. In the event that any of the members or officers of the

Authority shall cease to be members or officers of the Authority

prior to the delivery of any bonds or coupons signed by them, their

signatures or facsimiles thereof shall nevertheless be valid and

sufficient for all purposes, the same as if such members or officers

had remained in office until such delivery.

J. Neither the members of the Authority nor any other person

executing the bonds issued under this act shall be subject to

personal liability or accountability by reason of the issuance

thereof.

K. The Authority shall have the power to provide for the

replacement of lost, destroyed, or mutilated bonds.

L. Except as provided by the Credit Enhancement Reserve Fund

Act, bonds issued pursuant to the provisions of this act shall never

constitute an indebtedness of the state within the meaning of any

state constitutional provision or statutory limitation, but such

bonds shall be indebtedness payable solely from sources indicated on

the bond documents, and shall never constitute nor give rise to a

pecuniary liability of this state or unspecified funds of the

Authority or a charge against the general credit of the state or

taxing powers of the state, and such fact shall be plainly stated on

the face of each bond.
Okla. Stat. tit. 74, § 74-5402 — OK Code / Title 74 / Section 74-5402
Purpose – Advice and recommendations – Administrative
Status: in_force

direction, coordination and support – Reports.

A. The purpose of the Oklahoma Strategic Military Planning

Commission shall be to analyze state policies affecting military

facilities currently in use by the United States Department of

Defense and the Oklahoma Army and Air National Guard located within

the state and such infrastructure as may support or be affected by

these Department of Defense or National Guard facilities or any

activity therein. Provided further that the Commission may assist

financially with projects designed to enhance the operation,

security, or support of such facilities and associated activities,

pursuant to the provisions of Section 5403 of this title. The

Commission shall also examine methods for improving the private

sector market value or potential for such military facilities.

B. The Commission shall advise and recommend to the Governor

and to the Legislature, by reporting to the Speaker of the House of

Representatives and the President Pro Tempore of the Senate, state

policies which would:

1. Prevent Oklahoma’s military facilities from being targeted

for closing or downsizing;

2. Maximize Oklahoma’s input into the federal base closing and

realignment process;

3. Protect, to the greatest extent possible, the interests of

the communities and residents of areas located within and adjacent

to such military facilities in connection with such process;

4. Mitigate the effect of a reduction in military personnel

housed or assigned to such facilities, reduction in military

activity associated with such facilities, or other changes in either

civilian or military activity which have the potential to reduce

employment, business activity, personal income or other economic

growth in the affected areas; and

5. Encourage and facilitate the relocation of mission

responsibilities and resources to Oklahoma military facilities from

military bases located outside Oklahoma.

C. Responsibility for the administrative direction,

coordination and support of the Commission shall be with the Office

of the Governor.

D. The Commission shall submit an annual written report of its

findings, conclusions and recommendations to the Governor, the

Speaker of the Oklahoma House of Representatives and the President

Pro Tempore of the Oklahoma State Senate not later than December 31.

Oklahoma Statutes - Title 74. State Government Page 1195

E. The Oklahoma Department of Commerce, the Oklahoma Tax

Commission, the Oklahoma Employment Security Commission and other

agencies of state government shall provide such assistance to the

Commission as the Commission may require in order to perform the

duties imposed upon it.

F. Members of the Commission shall be reimbursed by their

appointing authority, except that members appointed from the

municipalities shall be reimbursed by the Oklahoma Department of

Commerce, for travel to meetings of the Commission pursuant to the

State Travel Reimbursement Act.

Legislators who serve as members of the Commission shall be

reimbursed for travel to meetings pursuant to Section 456 of Title

74 of the Oklahoma Statutes.