Okla. Stat. tit. 74, § 74-2900.1 — OK Code / Title 74 / Section 74-2900.1
Definitions - Cooperation of state housing agencies
Status: in_force

with federal government - Leasing of vacant housing units.

Oklahoma Statutes - Title 74. State Government Page 942

A. As used in the Oklahoma Homeless Prevention Act:

1. "Comprehensive case management" means:

a. the assessment of the needs of an individual or

family,

b. the development and implementation of an employability

plan for the individual that accounts for family

circumstances,

c. the coordination and monitoring of service delivery,

d. the evaluation of service effectiveness, and

e. the reassessment of the needs of the individual or the

family.

2. "Homeless individual or family" means any person or family

who:

a. lacks a fixed, regular and adequate nighttime

residence, or

b. has as a primary nighttime residence a publicly or

privately operated shelter designed to provide

temporary living accommodations, or

c. has as a primary nighttime residence a public or

private place not designed for, or ordinarily used as,

a regular sleeping accommodation for human beings.

The term includes those families and persons who do

not have access to normal accommodations as a result

of violence or the threat of violence from a

cohabitant, or

d. is in imminent danger of becoming homeless.

3. "Mentally ill person" means a mentally ill person as defined

by Section 1-103 of Title 43A of the Oklahoma Statutes.

4. "Self-sufficiency program" means a job opportunity and basic

skills training program designed to ensure that persons receiving

housing assistance obtain the education, training, and employment

that will help such persons avoid long-term dependency on such

assistance.

5. "Committee" means the Oklahoma Homeless Prevention

Committee, created in Section 2 of this act.

B. The Department of Human Services, the Department of Mental

Health and Substance Abuse Services, the Oklahoma Department of

Commerce, the Oklahoma Housing Finance Agency and any state agency

with housing services may cooperate with federal government programs

or any other public or private entity or person in providing housing

or assistance for housing to homeless individuals or families, and

mentally ill persons who are in need of housing.

C. As funds are available, all state agencies specified in this

section and any other state agency with housing services, in

accordance with state and federal law, may provide resources to

local government agencies, local housing authorities or nonprofit

agencies to lease vacant housing units which are subject to

Oklahoma Statutes - Title 74. State Government Page 943

government control or which have been donated by any public or

private entity for use by homeless individuals or families and

mentally ill persons who are in need of housing. Funds available

pursuant to this section shall be used to guarantee coverage of

utility costs, repairs, insurance, and building and yard maintenance

of leased properties. Homes which have been temporarily donated by

private entities shall not be eligible for any monies so received

for repairs to such homes.

D. Any agreement entered into pursuant to this section between

a state agency and a local public or private nonprofit agency or

housing authority shall require the local agency or authority to

supervise the person to be served and secure an enforceable

agreement requiring the person to be served to maintain the leased

property. A violation of this agreement may result in termination

of the agreement and eviction from such leased property pursuant to

Section 132 of Title 41 of the Oklahoma Statutes.

E. In accordance with state and federal law, state agencies

specified in this section and any other state agency with housing

services may solicit government funds and grants, seek private

resources, and receive and distribute private, state and federal

funds to local public or private nonprofit agencies or housing

authorities to provide housing or assistance for housing or housing

services as provided for in this section. The local agency or

authority may require the person residing in the leased property to

participate in the payment of utilities, repair and maintenance to

the extent possible.

F. The State of Oklahoma, or any agency or subdivision thereof,

shall not be liable for utility costs, repairs, insurance, building

or yard maintenance, or other costs associated with any house to

which this section pertains, in excess of the amount specifically

appropriated therefore, allocated thereto by the agency or

subdivision, and not encumbered for any other purpose.
Okla. Stat. tit. 74, § 74-843 — OK Code / Title 74 / Section 74-843
Short title
Status: in_force

This act shall be known and may be cited as the “State Employee

Advocacy Rights Act”.
Okla. Stat. tit. 74, § 74-150.4 — OK Code / Title 74 / Section 74-150.4
Commission - Powers and duties
Status: in_force

The Commission shall have the following powers and duties and

responsibilities:

1. To appoint the Director of the Oklahoma State Bureau of

Investigation, whose compensation shall be determined by the

Legislature.

2. To hear any complaint against the Bureau or any of its

employees according to the following procedure:

a. Only those complaints which have been submitted in

writing and are signed will be acted upon by the

Commission.

b. All hearings on complaints shall be conducted in

executive sessions, and shall not be open to the

public.

c. The Commission shall have limited access to pertinent

investigative files when investigating a complaint.

The Director shall provide a procedure whereby the

Oklahoma Statutes - Title 74. State Government Page 264

identification of all persons named in any

investigative file except the subject of the complaint

and the complaining witness shall not be revealed to

the members of the Commission. Any consideration of

files shall be in executive session not open to the

public. No information or evidence received in

connection with the hearings shall be revealed to any

person or agency. Any violation hereof shall be

grounds for removal from the Commission, and shall

constitute a misdemeanor.

3. To make recommendations to the Director of any needed

disciplinary action necessary as a result of an investigation

conducted upon a complaint received.

4. To establish general procedures with regard to assisting

law enforcement officers and district attorneys.

5. To establish a program of training for agents utilizing

such courses as the National Police Academy conducted by the Federal

Bureau of Investigation.

6. To require the Director to advise the Commission on the

progress of pending investigations. All discussions of pending

investigations shall be conducted in executive session not open to

the public and no minutes of such sessions shall be kept. The

Director shall not reveal the identity of any witnesses interviewed

or the substance of their statements. No information received by

the Commission shall be revealed to any person or agency by any

Commission member. Any violation of this paragraph by a Commission

member shall be grounds for removal from the Commission and shall

constitute a misdemeanor.
Okla. Stat. tit. 74, § 74-150.12 — OK Code / Title 74 / Section 74-150.12
Mandatory reporting of fingerprint and criminal history
Status: in_force

information.

A. 1. It is hereby the duty of any sheriff, chief of police,

city marshal, constable and any other law enforcement officer who

takes custody of a person who has been arrested and who, in the best

judgment of the arresting officer, is believed to have committed any

offense, except an offense exempted by the rules promulgated by the

Oklahoma State Bureau of Investigation pursuant to the provisions of

Section 150.1 et seq. of this title, to take or cause to be taken

the fingerprint impressions of such person or persons and to forward

such fingerprint impressions together with identification

information to the Oklahoma State Bureau of Investigation, at its

Oklahoma City office. In the case of any sheriff, chief of police,

city marshal, constable, or any other law enforcement officer

equipped with a live-scan device designed for the electronic capture

and transmission of fingerprint images approved by the Oklahoma

Oklahoma Statutes - Title 74. State Government Page 295

State Bureau of Investigation, fingerprint images may instead be

taken and transmitted to the Bureau electronically. If the sheriff,

chief of police, city marshal, or constable has contracted for the

custody of prisoners, such contractor shall be required to take the

fingerprint impressions of such person.

2. It shall not be the responsibility of, nor shall the

sheriff, chief of police, city marshal, constable, other law

enforcement officer, or contractor receiving custody of an arrested

person as a prisoner require the arresting officer to take the

fingerprint impressions of the arrested person; provided, if the

arresting officer is employed by the same law enforcement agency as

the sheriff, chief of police, city marshal, or constable receiving

custody of such person, the arresting officer may be required to

take such impressions.

3. The law enforcement officers shall also forward the

prosecution filing report and the disposition report forms to the

appropriate prosecuting authority within seventy-two (72) hours. If

fingerprint impressions have not been taken at the time of an

arrest, the court shall order the fingerprints to be taken by the

sheriff at the arraignment, first appearance, or at the time of

final adjudication of a defendant whose court attendance has been

secured by a summons or citation for any offense, except an offense

exempted by the rules promulgated by the Bureau. If a person is in

the custody of a law enforcement or correctional agency and a

warrant issues or an information is filed alleging the person to

have committed an offense other than the offense for which the

person is in custody, the custodial law enforcement or correctional

agency shall take the fingerprints of such person in connection with

the new offense, provided the offense is not exempted by the rules

of the Bureau. Any fingerprint impressions and identification

information required by this subsection shall be sent to the Bureau

within seventy-two (72) hours after taking such fingerprints.

B. In order to maintain a complete criminal history record, the

court shall inquire at the time of sentencing whether or not the

person has been fingerprinted for the offense upon which the

sentence is based and, if not, shall order the fingerprints be taken

immediately of such person and those fingerprints shall be sent by

the law enforcement agency taking the fingerprint impressions to the

Bureau within seventy-two (72) hours after taking the fingerprint

impressions.

C. In addition to any other fingerprints which may have been

taken of a person in a criminal matter, the Department of

Corrections shall take the fingerprints of all prisoners received at

the Lexington Reception and Assessment Center or otherwise received

into the custody of the Department and shall send copies of such

fingerprints together with identification information to the Bureau

within seventy-two (72) hours of taking such fingerprints.

Oklahoma Statutes - Title 74. State Government Page 296

D. The Bureau shall, upon receipt of fingerprint impressions

and identification information for offenses not exempt by rule of

the Bureau, send one copy of the fingerprint impressions to the

Federal Bureau of Investigation, at its Washington, D.C., office,

and the other copy shall be filed in the Oklahoma State Bureau of

Investigation's office. The rules promulgated by the Bureau

pursuant to the provision of this act exempting certain offenses

from mandatory reporting shall be based upon recommended Federal

Bureau of Investigation standards for reporting criminal history

information and are not intended to include violators of city or

town ordinances and great care shall be exercised to exclude the

reporting of criminal history information for such offenses, except

when recommended by the Federal Bureau of Investigation standards.

E. The reporting to the Oklahoma State Bureau of Investigation

of criminal history information on each person subject to the

mandatory reporting requirements of Section 150.1 et seq. of this

title shall be mandatory for all law enforcement agencies, courts of

this state, including municipal courts, judicial officials, district

attorneys and correctional administrators participating in criminal

matters, whether reported directly or indirectly, manually or by

automated system as may be provided by the rules promulgated by the

Bureau.

F. Except for offenses exempted by the rules promulgated by the

Bureau, the following events shall be reported to the Bureau within

seventy-two (72) hours and the Bureau shall have seventy-two (72)

hours after receipt of the report to enter such information into a

criminal record database:

1. An arrest;

2. The release of a person after arrest without the filing of

any charge; and

3. A decision of a prosecutor not to commence criminal

proceedings or to defer or postpone prosecution.

G. Except for offenses exempted by the rules promulgated by the

Bureau, the following events shall be reported to the Bureau within

thirty (30) days and the Bureau shall have thirty (30) days after

receipt of the report to enter such information into a criminal

record database:

1. A decision by a prosecutor to modify or amend initial

charges upon which the arrest was made, including deletions or

additions of charges or counts;

2. The presentment of an indictment or the filing of a criminal

information or other statement of charges;

3. The dismissal of an indictment or criminal information or

any charge specified in such indictment or criminal information;

4. An acquittal, conviction or other court disposition at trial

or before, during or following trial, including dispositions

resulting from pleas or other agreements;

Oklahoma Statutes - Title 74. State Government Page 297

5. The imposition of a sentence;

6. The commitment to or release from the custody of the

Department of Corrections or incarceration in any jail or other

correctional facility;

7. The escape from custody of any correctional facility, jail

or authority;

8. The commitment to or release from probation or parole;

9. An order of any appellate court;

10. A pardon, reprieve, commutation of sentence or other change

in sentence, including a change ordered by the court;

11. A revocation of probation or parole or other change in

probation or parole status; and

12. Any other event arising out of or occurring during the

course of criminal proceedings or terms of the sentence deemed

necessary as provided by the rules established by the Bureau.

The Bureau shall have authority to withhold any entry on a

criminal history record when there is reason to believe the entry is

based on error or an unlawful order. The Bureau shall in such case

take immediate action to clarify or correct the entry.

H. Information reportable under the provisions of this section

shall be reportable by the law enforcement officer or person

directly responsible for the action, event or decision, unless

otherwise provided by rule or agreement. The form and content of

information to be reported and methods for reporting information,

including fingerprint impressions and other identification

information, shall be established by the rules promulgated by the

Bureau. The Bureau is hereby directed to establish rules to

implement the provisions of Section 150.1 et seq. of this title,

provided any rule relating to reporting by courts or judicial

officials shall be issued jointly by the Bureau and the Oklahoma

Supreme Court.

I. Any person or agency subject to the mandatory reporting of

criminal history information or fingerprints as required by the

provisions of this act shall take appropriate steps to ensure that

appropriate agency officials and employees understand such

requirements. Each agency shall establish, and in appropriate cases

impose, administrative sanctions for failure of an official or

employee to report as provided by law. Refusal or persistent

failure of a person or agency to comply with the mandatory reporting

requirements of this act may result in the discontinued access to

Bureau information or assistance until such agency complies with the

law.

J. All expungement orders which are presented to the Bureau for

alterations to criminal history records must be accompanied by a

payment of One Hundred Fifty Dollars ($150.00) payable to the

Bureau. The subject of the criminal history, whose record is being

amended or updated based upon an expungement order, is responsible

Oklahoma Statutes - Title 74. State Government Page 298

for such payment. Payment shall be rendered before any expungement

order may be processed by the Bureau. Payment of the fee shall be

waived if the subject of the criminal history record has been

granted an expungement under the provisions of paragraph 3 of

subsection A of Section 18 of Title 22 of the Oklahoma Statutes.
Okla. Stat. tit. 74, § 74-130.9 — OK Code / Title 74 / Section 74-130.9
Rules and regulations
Status: in_force

Except as provided for in subsection F of Section 130.5 of this

title, the Office of Management and Enterprise Services shall adopt

rules and regulations necessary to carry out the provisions of the

Oklahoma Alternative Fuels Conversion Act.
Okla. Stat. tit. 74, § 74-5060.9a-1 — OK Code / Title 74 / Section 74-5060.9a-1
Renumbered as § 1-554 of Title 63 by Laws 1998, c
Status: in_force

210, § 9, eff. July 1, 1998.
Okla. Stat. tit. 74, § 74-284.2 — OK Code / Title 74 / Section 74-284.2
Pay increase funds - Prohibition of expenditure for
Status: in_force

contracted private employees.

No funds appropriated for the purpose of implementing the pay

increase provided in Section 1 of this act shall be expended by any

employing public agency, board, commission or other public employing

entity in order to increase compensation for persons employed by a

private business entity that has entered into contract with the

public employing entity to provide personnel services to the public

employing entity in order for the public employing entity to perform

duties imposed upon it by law or functions the public employing

entity is authorized to perform by law. The provisions of this

section shall not be construed to prohibit increases in compensation

to a vendor performing other types of services pursuant to a sole

source contract or contract awarded pursuant to the Oklahoma Central

Purchasing Act.
Okla. Stat. tit. 74, § 74-8224 — OK Code / Title 74 / Section 74-8224
Powers of Authority
Status: in_force

A. The Authority shall have the power to:

1. Adopt a seal for its official use;

2. Contract;

3. Own property;

4. Accept gifts and donations;

5. Invest funds under its control; and

6. Such other powers as are not inconsistent with the duties

and responsibilities imposed upon the Authority.

B. The Authority shall not have the power to:

1. Acquire property through the use of eminent domain;

Oklahoma Statutes - Title 74. State Government Page 1229

2. Become indebted in any manner; or

3. Take any action in derogation of the rights, whether based

on contract or otherwise, established pursuant to any agreements

entered into between private entities, between public entities or by

one or more private and one or more public entities.
Okla. Stat. tit. 74, § 74-5085.3 — OK Code / Title 74 / Section 74-5085.3
Mission of Oklahoma Capital Investment Board
Status: in_force

The mission of the Oklahoma Capital Investment Board shall be to

mobilize equity and near-equity capital for investment in such a

manner that will result in significant potential to create jobs and

diversify and stabilize the economy of the State of Oklahoma.
Okla. Stat. tit. 74, § 74-1307.1 — OK Code / Title 74 / Section 74-1307.1
Change of primary care physician within HMO
Status: in_force

No employee or dependent who participates in a health

maintenance organization (HMO) through the Oklahoma Employees

Insurance and Benefits Act shall be denied the right of changing the

Oklahoma Statutes - Title 74. State Government Page 794

primary care physician to any other primary care physician within

the HMO. The employee or dependent shall notify the HMO in writing

of any change in the choice of primary care physician forty-five

(45) days in advance of the change by certified mail with return

receipt requested. Any such change in a primary care physician

shall not be subject to the approval of the HMO, the Oklahoma Health

Care Authority or state agency.
Okla. Stat. tit. 74, § 74-5060.23 — OK Code / Title 74 / Section 74-5060.23
Acquiring ownership of corporation or partnership
Status: in_force

prohibited - Exceptions.

The Oklahoma Center for the Advancement of Science and

Technology shall not be permitted to make an expenditure for

purposes of any loan, grant or for purposes of acquiring any form of

ownership in a corporation or partnership unless authorized by law

including, but not limited to, Section 15 of Article X of the

Oklahoma Constitution.
Okla. Stat. tit. 74, § 74-7 — OK Code / Title 74 / Section 74-7
Maintenance of Governor's mansion
Status: in_force

The Governor of the State of Oklahoma is hereby authorized, at

the expense of the state, and within the limitations of the

appropriation authorized below, to maintain in such manner as the

governor deems necessary and appropriate, the mansion provided for

his occupancy by the State of Oklahoma and to pay all expenses

connected with said occupancy. Such expenses shall include food,

entertainment and such other expenditures as would be necessary and

proper for the Governor, the family and the guests of the Governor

when the duties of the Office of Governor dictate such expenditures.

Oklahoma Statutes - Title 74. State Government Page 53

The expense of the occupancy and upkeep of the Governor’s Mansion

shall be from funds appropriated annually by the Legislature from

the General Revenue Fund for such purposes. The funds shall be paid

monthly upon a claim approved by the Governor of Oklahoma. The

Governor shall deposit such funds in a separate account and shall

keep a separate record of all expenditures. At the end of the

fiscal year, the Governor shall submit an itemized report, or final

accounting, of such expenditures to the State Auditor and Inspector.

Such report shall be a public record and shall be made available for

inspection upon demand.
Okla. Stat. tit. 74, § 74-361 — OK Code / Title 74 / Section 74-361
Bond
Status: in_force

Before entering upon the duties of his office, the State

Treasurer shall execute a bond to the state, with good and

sufficient sureties to be approved by the Governor, in the penal sum

of Fifty Thousand Dollars ($50,000.00): Provided, that said sum may

be increased at any time by the Governor.
Okla. Stat. tit. 74, § 74-9055 — OK Code / Title 74 / Section 74-9055
Loans
Status: in_force

A. The Oklahoma Development Finance Authority is hereby

authorized to provide loans from the Unregulated Utility Consumer

Protection Fund, created pursuant to Section 7 of this act, to

unregulated utilities for the purposes provided in this act.

B. Prior to executing any loan agreement with an unregulated

utility, the Authority shall have determined the approved qualified

costs of the unregulated utility. The principal amount of a loan to

an unregulated utility shall not exceed the approved qualified

costs.

C. Loans made by the Authority shall be made pursuant to notes,

bonds, revenue bonds or other appropriate form of evidence of

Oklahoma Statutes - Title 74. State Government Page 1248

indebtedness to the Authority by the unregulated utility. The

interest rate and loan term shall be determined by the Authority.

As part of the loan documents or other documents evidencing

indebtedness under this subsection, the unregulated utility shall

agree and pledge to collect and remit sufficient amounts to repay

its indebtedness over the loan term agreed with the Authority. The

Authority is authorized to issue credit with loan terms of and up to

thirty (30) years.

D. In the event an unregulated utility receives a loan pursuant

to the provisions of this act, the unregulated utility shall base

customer charges mitigated pursuant to this act on the then-current

monthly billing of the customer and shall line-item such charges on

the monthly bill of the unregulated utility customer.

E. On the same date a loan is issued, the Authority shall

notify in writing the Governor, the President Pro Tempore of the

Senate and the Speaker of the House of Representatives. This

notification shall include the amount and terms of the loan.

F. The Authority shall be authorized to take a security

interest in any property or revenues of the unregulated utility, and

a pledge of the revenues from the unregulated utility including

customer charges may be pledged by the unregulated utility for such

purposes.

G. During the term of a loan, no person or entity other than

the unregulated utility that is a party to the loan, shall provide a

service relied upon for the security of any loan issued pursuant to

this section and as identified in the loan documents or related

security documents.

H. The Authority is hereby authorized to issue utility revenue

bonds or other obligations to provide adequate funds to capitalize

the Unregulated Utility Consumer Protection Fund created pursuant to

Section 7 of this act and meet the funding needs of loans approved

by the Authority. The Authority is authorized to issue negotiable

utility revenue bonds as may, in the opinion of the Authority, be

necessary for such purposes, and to provide for the payment of such

bonds and the rights of the bond holders, as provided in this act.

The bonds may be issued in one or more series, may be sold in such

manner and at such price or prices, may bear such date or dates, may

mature at such time or times, may be in such denomination or

denominations, may be in such form either coupon or registered, may

carry such registration or conversion privileges, may be executed in

such manner, may be payable in such medium of payments, at such

place or places, may be subject to such terms of redemption, with or

without premium, and may bear such rate or rates of interest, and

shall be subject to such call for redemption as may be provided by

resolution or resolutions to be adopted by the Authority and as are

consistent with the terms of the loan or loans, security and other

documents agreed with unregulated utilities. The Authority may

Oklahoma Statutes - Title 74. State Government Page 1249

pledge the Unregulated Utility Consumer Protection Fund, revenues

from one or more loans to a single series or issuance of bonds as it

may provide by resolution or resolutions to be adopted by the

Authority. Bonds issued under this section shall have all of the

qualities and incidents of negotiable paper, and the bonds and the

interest earned on said bonds shall not be subject to taxation by

the State of Oklahoma, or by any county, municipality or political

subdivision therein.

I. The Authority may issue utility revenue refunding bonds for

the purpose of refinancing or restructuring its outstanding

obligations. If bonds are issued under this subsection, the bonds

may either be sold or delivered in exchange for the outstanding

obligations. If sold, the process may be either applied to the

payment of the obligations refunded or deposited in escrow for the

retirement thereof.

J. The utility revenue bonds or other obligations issued

pursuant to this section shall not at any time be deemed to

constitute a debt of the state or of any political subdivision

thereof or a pledge of the full faith and credit of the state or any

political subdivision. Such bonds or other obligations shall

contain on the face thereof a statement that neither the faith and

credit or the taxing power of the state or any political subdivision

thereof is pledged or may hereafter be pledged to the payment of the

principal of or interest on the bonds. Any utility revenue bonds or

other obligations issued pursuant to this section shall contain on

the face thereof a statement to the following effect:

“Neither the full faith and credit nor the taxing power of the

State of Oklahoma is pledged to the payment of the principal of, or

interest on, this bond”.

K. The State Treasurer is hereby authorized to purchase from

the Authority at private sale all or any part of the bonds issued

under this section as an investment of the public monies in his or

her possession. It shall be the responsibility of the State

Treasurer to invest only that portion of such public monies as he or

she deems to be more than sufficient to meet current expenditures

payable from public monies. The State Treasurer is authorized to

buy and the Authority is authorized to sell to the State Treasurer

at private sale so many of the bonds authorized by this section as

may be safely purchased for investment of public monies by the State

Treasurer without handicapping the state in promptly meeting its

obligations. The State Treasurer may later sell such bonds as are

necessary to ensure sufficient cash on hand is available to meet

current expenditures payable from public monies.

L. Bonds issued under this section shall be delivered to the

purchaser only upon payment of par and accrued interest to the date

of delivery, together with any premium bid.

Oklahoma Statutes - Title 74. State Government Page 1250

M. The proceeds of the sale of bonds issued under this section,

and revenues received with respect to loans issued pursuant to

subsection A of this section, shall be deposited in the State

Treasury in the Unregulated Utility Consumer Protection Fund created

pursuant to Section 7 of this act, where they shall remain subject

to disposition to be provided for by the Authority consistent with

this act, provided that the State Treasurer shall invest the monies

in an interest-bearing account; and provided further, that all such

investments of the monies must be so made that the same may be

liquidated in time to enable the Authority to pay, in due course,

the valid indebtedness incurred by the Authority for the purposes

set forth in this section.

N. Any bank, trust or insurance company organized under the

laws of Oklahoma may invest its capital, surplus and reserve funds

and other funds under its control in bonds issued under this

section.
Okla. Stat. tit. 74, § 74-2258 — OK Code / Title 74 / Section 74-2258
Validity of bonds - Signatures
Status: in_force

Bonds bearing the signatures of Commission officers on the date

of the signing thereof shall be valid and binding obligations,

notwithstanding that before the delivery of the bonds, any or all

the persons whose signatures appear thereon shall have ceased to be

officers of the Commission. The validity of the bonds shall not be

dependent upon nor affected by the validity or regularity of any

proceedings relating to the construction, reconstruction,

improvement, betterment or extension of the properties for which the

bonds are issued. The resolution authorizing the bonds may provide

that the bonds shall contain a recital that they are issued pursuant

to this act, which recital shall be conclusive evidence of their

validity and of the regularity of their issuance.
Okla. Stat. tit. 74, § 74-5060.2 — OK Code / Title 74 / Section 74-5060.2
Statement of need - Oklahoma Center for the Advancement
Status: in_force

of Science and Technology created.

A. In order to attain the goals as set forth in the Oklahoma

Science and Technology Research and Development Act, Oklahoma

enterprises need institutions that combine the resources of the

public and private sectors to encourage the development of new

products, new processes and whole new industries in Oklahoma. The

institutions are needed to:

1. Support the development of new or expanded technologies;

2. Provide basic and applied research capital to move

innovation to commercial application;

3. Encourage the transfer of technology to firms and farms

throughout the geographic regions of the state;

4. Stimulate seed-capital investment in firms that will use

innovation, new technologies, or technological advances in

profitable commercial applications;

Oklahoma Statutes - Title 74. State Government Page 1067

5. Foster competitiveness, productivity and modernization in

Oklahoma firms and farms; and

6. Establish public-private partnerships to provide

opportunities for development, expansion, and retention of, funding

and financing for, and investment in, technology-oriented

enterprises in Oklahoma.

B. There is hereby created the Oklahoma Center for the

Advancement of Science and Technology. The Oklahoma Center for the

Advancement of Science and Technology is hereby constituted an

instrumentality of the state and the exercise of the authority and

powers conferred by law shall be deemed and held to be the

performance of an essential governmental function.
Okla. Stat. tit. 74, § 74-5155 — OK Code / Title 74 / Section 74-5155
Selection of projects - Public-sector comparators
Status: in_force

A. Selection of Projects. Any proposer or responsible state

agency may submit to the Partnership Committee one or more proposals

for partnership projects in connection with any public service. The

Partnership Committee shall identify potential projects and public

services for which a public-private partnership may be appropriate

from those received from a proposer, a responsible state agency or

those identified by the Partnership Committee itself. The

Oklahoma Statutes - Title 74. State Government Page 1183

Partnership Committee shall select such projects based on the

partnership's potential to improve public operational efficiencies,

improve environmental performance, promote public safety, attract

private investment in the state and minimize governmental

liabilities.

B. Public-Sector Comparators. After the Partnership Committee

identifies a potential partnership for a public project or public

service, the Office of Public-Private Partnerships shall conduct a

public-sector comparator study of the potential partnership. The

Partnership Committee shall determine the scope of each public

sector comparator, which scope shall depend on the type of proposed

partnership and the nature of the public service under consideration

for the partnership. The following issues shall be considered as

components of a public sector comparator:

1. The definition of the need served by the proposed

partnership;

2. The cost required to meet the public need served by the

public service under traditional procurements or traditional state

agency operations;

3. An analysis of alternative methods for providing the public

services under consideration, including but not limited to design-

build, design-build-finance, design-build-finance-operate-maintain,

service contracts or leases and how the alternative method(s) would

meet the need served by the public service; and

4. An evaluation of the cost/benefit of using an alternative

method or public-private partnership to render a public service,

which cost/benefit analysis shall include:

a. the potential cost of utilizing an alternative method,

b. the operational and technological risks involved in

utilizing an alternative method,

c. a comparative analysis of rendering the public service

by allowing the responsible state agency to utilize

traditional methods,

d. the financial impact the partnership will have on the

responsible state agency, and

e. the impact a partnership would have on job formation,

economic growth and the community in which the public

service is to be rendered.

C. The Partnership Committee shall use the results of the

public sector comparator to determine which public services and

projects are appropriate for partnership. The Office of Public-

Private Partnerships shall publish on its website the public sector

comparator for each project to provide a public service for which a

request for qualifications is initiated.

D. The Office of Public-Private Partnerships shall publish

notice of the intent to enter into a contract for a partnership for

public service or related project and shall prepare a request for

Oklahoma Statutes - Title 74. State Government Page 1184

qualifications for private sector entities interested in serving as

proposers for the partnership. The notice shall notify interested

parties of the opportunity to submit their qualifications for

consideration and shall be published at least sixty (60) days prior

to the deadline for submitting those qualifications. The Office

also may advertise the information contained in the notice in

appropriate trade journals and otherwise notify parties believed to

be interested in providing the public service and in any related

project.

E. After inviting proposers to bid on the project, the

Partnership Committee shall evaluate the qualifications submitted

and may hold discussions with proposers to further explore their

qualifications. Following this evaluation, the Partnership

Committee may determine a list of qualified proposers based on

criteria in the invitation and invite only those proposers to submit

a proposal.

F. The Office of Public-Private Partnerships shall prepare a

request for proposal, which may include proposal stipends and the

proposed partnership contract, both of which shall be approved by

the Partnership Committee. After the Partnership Committee's

approval of the request for proposal and the partnership contract,

the project shall be deemed an Approved Partnership Procurement.

G. Partnership contracts may contain the terms and conditions

to carry out and effect the purposes of this act, including the

duration of the contract, which shall not exceed ninety-nine (99)

years, rates or fees for the public services to be provided or

methods or procedures for the determination of such rates or fees,

standards for the public services to be provided, responsibilities

and standards for operation and maintenance of any related project,

required financial assurances, financial and other data reporting

requirements, bases and procedures for termination of the contract

and retaking of possession or title to the project, and events of

default and remedies upon default, including mandamus, a suit in

equity, an action at law or any combination of those remedial

actions. Partnership contracts may also include a requirement for

the delivery of performance and payment bonds required for all

construction activities and letters of credit, surety bonds or other

security in connection with the development or operation of the

qualifying project in the forms and amounts satisfactory to the

responsible governmental entity.

H. After proposals are received, the Office of Public-Private

Partnerships, using the criteria established in the request for

proposal by the Partnership Committee, shall evaluate the proposals

submitted and may hold discussions with proposers to further explore

their proposals, the scope and nature of the public service(s) they

would provide and the various technical approaches they may take

regarding the public service and any related project. Following

Oklahoma Statutes - Title 74. State Government Page 1185

this evaluation, the Partnership Committee shall select and rank no

fewer than three proposers that the Partnership Committee considers

to be the most qualified to enter into the contract, except when the

Partnership Committee determines that fewer than three qualified

proposers are available, in which case the Partnership Committee

shall select and rank them.

I. After the proposers have been ranked by the Partnership

Committee, the Director of the Office of Management and Enterprise

Services (OMES) and the authorized representative of the responsible

state agency shall negotiate the contract with the proposer ranked

most qualified to provide the public service at a compensation

determined in writing to be fair and reasonable and to purchase,

lease or otherwise take a legal interest in the project.

J. Upon failure to negotiate a contract with the proposer

ranked most qualified, the Director of OMES shall inform the

proposer in writing of the termination of negotiations and may

enter, with the responsible state agency, into negotiations with the

proposer ranked next most qualified. If negotiations again fail,

the same procedure may be followed with each next most qualified

proposer selected and ranked, in order of ranking, until a contract

is negotiated and executed or the request for proposal is withdrawn.

K. If the Director of OMES and the authorized representative of

the responsible state agency fail to negotiate a contract with any

of the ranked proposers, the Director of OMES, in consultation with

the responsible state agency, may terminate the process or select

and rank additional proposers based on their qualifications or

proposals, and negotiations shall continue as with the proposers

selected and ranked initially until a contract is negotiated.

L. The Director of OMES and the authorized representative of

the responsible state agency may jointly reject any and all

submissions of qualifications or proposals and may jointly terminate

the procurement process at any point.

M. The Director of OMES and the authorized representative of

the responsible state agency shall have the authority to make

commercially reasonable changes to the partnership contract approved

by the Partnership Committee. Any such contract may contain the

terms and conditions to carry out and effect the purposes of this

act.

N. Any submission not selected by the responsible state agency

shall be considered intellectual property that shall remain the

property of the proposer.
Okla. Stat. tit. 74, § 74-1346 — OK Code / Title 74 / Section 74-1346
Flexible Benefit Revolving Fund — Oklahoma Employees
Status: in_force

Insurance and Benefits Board.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Employees Insurance and Benefits Board to be

designated the "Flexible Benefit Revolving Fund". The fund shall be

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

consist of employee payroll deductions and contributions for

flexible spending accounts. All monies accruing to the credit of

said fund are hereby appropriated and may be budgeted and expended

by the Oklahoma Employees Insurance and Benefits Board for expenses

of the state employees flexible benefits plan and for expenses

authorized by law. The Oklahoma Employees Insurance and Benefits

Board is authorized to pay employee claim costs associated with the

state employees flexible benefits plan from monies accrued for said

purpose. Expenditures from said funds shall be pursuant to the laws

of the state and statutes relating to the state employees flexible

benefits plan.
Okla. Stat. tit. 74, § 74-5003.10f — OK Code / Title 74 / Section 74-5003.10f
Short title - Oklahoma Research and Development
Status: in_force

Attraction Act.

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

Research and Development Attraction Act".
Okla. Stat. tit. 74, § 74-5154 — OK Code / Title 74 / Section 74-5154
Partnership Committee - Office of Public-Private
Status: in_force

Partnerhship - Scope of authority.

A. The Partnership Committee shall have the ability to identify

potential public-private partnerships, to review and endorse a short

list of qualified bidders, to approve requests for proposals and to

approve template contracts before they are sent to bidders. The

Partnership Committee shall operate with the assistance of the

Office of Public-Private Partnerships. In order to protect the

Separation of Power set out in Article IV of the Oklahoma

Constitution, the Partnership Committee shall not have the power to

enter into any contract, nor shall it have the power to block any

contract negotiated by the Director of the Office of Management and

Enterprise Services (OMES) and the authorized representative of any

responsible state agency.

B. There shall be established within OMES an Office of Public-

Private Partnerships, which shall have the authority to charge fees

for services it shall render as part of the procedures to establish

partnerships in accordance with this act and to receive money to

cover its operating expenses and to accomplish the purposes of this

act.

C. The Director of OMES and the authorized representative of a

responsible state agency shall jointly take any action and execute

any public-private partnership contract, authorized under this act,

for the provision of a public service in order to more efficiently

and effectively provide public services, including by generating

additional resources in support of those public services and related

projects.
Okla. Stat. tit. 74, § 74-152.9 — OK Code / Title 74 / Section 74-152.9
Seizure and forfeiture proceedings
Status: in_force

A. Any person authorized to stop and inspect a vehicle pursuant

to Section 152.6 of this title shall seize any unlawful oil or

unlawful gas and shall seize any vehicle or trailer which is being

used to transport such unlawful oil or unlawful gas. Except as

authorized by Section 152.8 of this title, such property shall be

held as evidence until a forfeiture has been declared or a release

ordered.

B. Notice of seizure and intended forfeiture proceeding shall

be filed in the office of the clerk of the district court for the

county in which such unlawful oil or unlawful gas and vehicle or

trailer is seized and shall be given all owners and parties in

interest.

C. Notice shall be given to:

1. The Oklahoma Tax Commission Gross Production Division;

2. Each owner or party in interest whose rights, title, or

interest is of record in the Oklahoma Tax Commission, by mailing a

copy of the notice by certified mail to the address as given upon

the records of the Oklahoma Tax Commission;

3. Each owner or party in interest whose name and address is

known, by mailing a copy of the notice by registered mail to the

last-known address; and

4. All other owners, whose addresses are unknown, but who are

believed to have an interest in the unlawful oil or unlawful gas,

vehicle or trailer, by one publication in a newspaper of general

circulation in the county where the seizure was made.

D. Within sixty (60) days after the mailing or publication of

the notice, the owner of the unlawful oil or unlawful gas, vehicle

or trailer and any other party in interest or claimant may file a

verified answer and claim to the unlawful oil or unlawful gas,

vehicle or trailer described in the notice of seizure and of the

intended forfeiture proceeding.

E. If at the end of sixty (60) days after the notice has been

mailed or published there is no verified answer on file, the court

Oklahoma Statutes - Title 74. State Government Page 336

shall hear evidence upon the fact of the unlawful use and shall

order the unlawful oil or unlawful gas, vehicle or trailer forfeited

to the state, if such fact is proved.

F. If a verified answer is filed, the forfeiture proceeding

shall be set for hearing.

G. At the hearing the state shall prove beyond a reasonable

doubt by competent evidence that the oil or gas seized is unlawful

oil or unlawful gas and that any vehicle or trailer seized was being

used to transport the unlawful oil or unlawful gas.

H. The claimant of any right, title, or interest in the

unlawful oil, unlawful gas, vehicle or trailer may prove that the

lien mortgage or conditional sales contract of the claimant is bona

fide and that such right, title, or interest was created without any

knowledge of the unlawfulness of the oil or gas or that the oil or

gas became unlawful without the knowledge of the claimant after the

creation of the interest of the claimant, or that the vehicle or

trailer was being used for the purpose charged without the knowledge

of the claimant.

I. In the event of such proof, the court shall order the

unlawful oil or unlawful gas, vehicle or trailer released to the

bona fide or innocent owner, lien holder, mortgagee, or vendor if

the amount due the person is equal to, or in excess of, the value of

the unlawful oil or unlawful gas, vehicle or trailer as of the date

of the seizure.

J. If the amount due to such person is less than the value of

the unlawful oil or unlawful gas, vehicle or trailer or if no bona

fide claim is established, the unlawful oil or unlawful gas,

vehicle, trailer or bond shall be forfeited to the state and the

unlawful oil or unlawful gas, vehicle or trailer shall be sold under

judgment of the court, as on sale upon execution.

K. The proceeds of the sale of any unlawful oil or unlawful

gas, vehicle, trailer or bond shall be distributed as follows, in

the order indicated:

1. All gross production and petroleum excise taxes due to the

Oklahoma Tax Commission;

2. To the bona fide innocent purchaser, conditional sales

vendor, or mortgagee of the unlawful gas or unlawful oil, vehicle or

trailer, if any, up to the amount of the interest of the person in

the unlawful gas or unlawful oil, vehicle or trailer, when the court

declaring the forfeiture orders a distribution to such person;

3. To the payment of the actual expenses of preserving the

property;

4. The remainder of such proceeds shall be remitted forthwith

as follows:

a. fifty percent (50%) thereof with the county treasurer

to be credited to the general fund of the county and

so reported, and

Oklahoma Statutes - Title 74. State Government Page 337

b. fifty percent (50%) shall be transmitted to the State

Treasurer and shall be placed to the credit of the

agency bringing the action or on whose behalf the

action is brought; and

5. The sheriff executing the sale shall issue a bill of sale or

certificate to the purchaser of the oil or gas and the Tax

Commission, upon the presentation of the certificate of clearance,

shall issue a license, if a license is required, permitting the

purchaser of the oil or gas to move the same into commerce.

L. If the court finds that oil or gas seized is not unlawful,

the court shall order the oil or gas released to the owner and shall

order any vehicle or trailer used to transport the oil and gas

released to the owner as the right, title, or interest of the owner

appears on the record of the Oklahoma Tax Commission as of the date

of the seizure.
Okla. Stat. tit. 74, § 74-1327 — OK Code / Title 74 / Section 74-1327
Health benefit plans offered by Oklahoma Health Care
Status: in_force

Authority — Optometrists to be permitted to provide services for

vision care or medical diagnosis and treatment for the eye.

A. All health benefit plans offered by the Oklahoma Health Care

Authority which provide for services for vision care or medical

diagnosis and treatment for the eye shall allow optometrists to be

providers of those services. All such health benefit plans shall

also require equal payment for the same services provided by an

optometrist if the services are within the scope of practice of

optometry.

B. With respect to optometric services, any health benefit plan

offered by the Authority which uses a gatekeeper or equivalent for

referrals for services for vision care or for medical diagnosis and

treatment of the eye shall require such covered services be provided

on a referral basis within the medical group or network at the

request of an enrollee who has a condition requiring vision care or

medical diagnosis and treatment of the eye if:

1. A referral is necessitated in the judgment of the primary

care physician; and

2. Treatment for the condition falls within the licensed scope

of practice of an optometrist.

C. All health benefit plans offered by the Authority shall have

a defined set of standards and procedures for selecting providers,

including specialists, to serve enrollees. The standards and

procedures shall be drafted in such a manner that they are

applicable to all categories of providers and shall be utilized by

the health maintenance organization in a manner that is without bias

for or discrimination against a particular category or categories of

providers.

D. No health benefit plan specified by this section shall

require a provider to have hospital privileges if hospital

Oklahoma Statutes - Title 74. State Government Page 828

privileges are not usual and customary for the services the provider

provides.

E. Nothing in this section shall be construed to:

1. Prohibit a health benefit plan offered by the Authority

which provides for services for vision care or medical diagnosis and

treatment for the eye from determining the adequacy of the size of

its network;

2. Prohibit an optometrist from agreeing to a fee schedule;

3. Limit, expand, or otherwise affect the scope of practice of

optometry; or

4. Alter, repeal, modify or affect the laws of this state

except where such laws are in conflict or are inconsistent with

express provisions of this section.

F. Existing health benefit plans offered by the Authority shall

comply with the requirements of this section upon issuance or

renewal on or after November 1, 2000.
Okla. Stat. tit. 74, § 74-3117 — OK Code / Title 74 / Section 74-3117
Increase of fees by state agencies - When permitted -
Status: in_force

Notice - Justification and documentation.

No agency, constitutionally or statutorily created state board,

bureau, commission, office, authority, public trust in which the

state is a beneficiary, or interstate commission, except governing

boards for entities within The Oklahoma State System of Higher

Education, shall establish or increase fees, except during such

times as the Legislature is in session, unless specifically mandated

by the Legislature or federal legislation, or when the failure to

establish or increase fees would conflict with an order issued by a

court of law.

Prior to the establishment or increase of a fee, the agency,

constitutionally or statutorily created state board, bureau,

commission, office, authority, public trust in which the state is a

beneficiary, or interstate commission, except governing boards for

entities within The Oklahoma State System of Higher Education for

which fees are reported pursuant to Section 3218.2 of Title 70 of

the Oklahoma Statutes, shall notify, in writing, the Governor, the

Speaker of the House of Representatives, the Government Operations,

Agency Oversight and Administrative Rules Committee and the

President Pro Tempore of the Senate of the intended action. The

notice shall include justification for the fee or fee increase and

all supportive documentation.Oklahoma Statutes - Title 74. State Government Page 37
Okla. Stat. tit. 74, § 74-227.30 — OK Code / Title 74 / Section 74-227.30
Renumbered as Section 43 of Title 1 of the Oklahoma
Status: in_force

Statutes by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
Okla. Stat. tit. 74, § 74-150.26 — OK Code / Title 74 / Section 74-150.26
Information transmittal - Forms and procedures
Status: in_force

The Director of the Oklahoma State Bureau of Investigation shall

establish the procedures and forms necessary for the transmittal of

information between the Oklahoma State Bureau of Investigation and

participating law enforcement and criminal justice agencies.
Okla. Stat. tit. 74, § 74-500.12 — OK Code / Title 74 / Section 74-500.12
Miscellaneous travel expenses
Status: in_force

Reimbursement for miscellaneous travel expenses and local

transportation costs incurred during out of state travel may be made

on the basis of an itemization of such costs.
Okla. Stat. tit. 74, § 74-4111 — OK Code / Title 74 / Section 74-4111
Short title - Incentive Awards for State Employees Act
Status: in_force

Sections 4111 through 4122 of this title shall be known and may

be cited as the "Incentive Awards for State Employees Act".
Okla. Stat. tit. 74, § 74-915.1 — OK Code / Title 74 / Section 74-915.1
Benefits subject to limitations in Section 415 of
Status: in_force

Internal Revenue Code – Excess benefit arrangements.

A. Benefits payable from the System may not exceed the maximum

benefits specified by Section 415(b) of the federal Internal Revenue

Code.

B. Subject to approval by the Internal Revenue Service, the

Board may establish and maintain a qualified governmental excess

benefit arrangement under Section 415(m) of the federal Internal

Revenue Code. The Board may establish by rule the necessary and

appropriate procedures for the administration of such benefit

arrangement under the federal Internal Revenue Code. If the amount

of any annual benefit would exceed the limitations imposed by

Section 415 of the federal Internal Revenue Code, that excess amount

may be paid from this benefit arrangement. The amount of any

contribution that would exceed the limitations imposed by Section

415 of the federal Internal Revenue Code would be credited to this

benefit arrangement. If established, the qualified excess benefit

arrangement must be a separate portion of the retirement plan. The

qualified excess benefit arrangement is subject to the following

requirements:

1. The benefit arrangement shall be maintained solely for the

purpose of providing to members in the retirement plan that part of

the member’s annual benefit otherwise payable under the terms of the

act that exceed the limitation on benefits imposed by Section 415 of

the federal Internal Revenue Code; and

2. Members do not have an election, directly or indirectly, to

defer compensation to the excess benefit arrangement.
Okla. Stat. tit. 74, § 74-3004.1 — OK Code / Title 74 / Section 74-3004.1
Contracts for products or services – Management fee or
Status: in_force

levy.

The State Purchasing Director may enter or award contracts for

products or services to a qualified organization as defined in

Section 3003 of this title and assess a contract management fee or

levy. The contract management fee or levy shall be deposited in the

State Use Advisory Council Revolving Fund, as created in Section

3004.2 of this title, for the salary, administrative costs, annual

trainings, professional association memberships, qualified agency

operational improvement grants, periodic economic advantage study,

Annual Report development, and other expenses incurred by the

Central Purchasing Division of the Office of Management and

Enterprise Services for promoting goods and services provided by

qualified organizations.
Okla. Stat. tit. 74, § 74-360.15 — OK Code / Title 74 / Section 74-360.15
Short title
Status: in_force

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

Security Act".
Okla. Stat. tit. 74, § 74-130.13 — OK Code / Title 74 / Section 74-130.13
Renumbered as § 142.4 of Title 40 by Laws 2014, c. 328,
Status: in_force

§ 17. Editorially renumbered as § 142.5 of Title 40 to avoid a

duplication in numbering.
Okla. Stat. tit. 74, § 74-85.45a — OK Code / Title 74 / Section 74-85.45a
Legislative intent
Status: in_force

It is recognized by this state that the preservation and

expansion of the American economic system of private enterprise is

through free competition, but it is also recognized that the

security and well-being brought about by such competition cannot be

realized unless the actual and potential capacity of minority

business enterprises is encouraged and developed. Therefore, it is

the intent of the Legislature that the state ensure that minority

business enterprises are not underrepresented in the area of

procurement of state contracts for construction, services, equipment

and goods. It is further the intent that this state provide for the

aggressive solicitation of minority business enterprises, provide a

feasibility study on a Small Business Surety Bond Guaranty Program,

provide other programs targeted for assisting minority business

enterprises in qualifying for state bids, and establish a percentage

preference bid program for minority business enterprises who desire

to participate in such program.
Okla. Stat. tit. 74, § 74-2123 — OK Code / Title 74 / Section 74-2123
Lease, loan, grant, or conveyance of property to
Status: in_force

international trade processing authority - Development of

international trade processing center.

A. Notwithstanding any other provision of law, other

governmental entities are hereby authorized and empowered to lease,

lend, grant, or convey to an international trade processing

authority at its request, upon such terms and conditions as the

proper authorities of such other governmental entities may deem

reasonable and fair, and without the necessity for any other action

or formality other than the regular and formal action of authorities

concerned, any property which may be necessary or convenient to the

effectuation of the authorized purposes of the international trade

processing authority, including property already devoted to public

use.

B. Each project, when constructed, shall be maintained and kept

in good condition and repair by the international trade processing

authority.

C. The Oklahoma Department of Commerce is authorized to aid an

international trade processing authority in developing an

international trade processing center.Oklahoma Statutes - Title 74. State Government Page 33
Okla. Stat. tit. 74, § 74-910.5 — OK Code / Title 74 / Section 74-910.5
Transfer of contributions
Status: in_force

A. Any active member, as of July 1, 1998, whose compensation

for service exceeded Twenty-five Thousand Dollars ($25,000.00) per

annum prior to July 1, 1994, and who, prior to July 1, 1998, had

voluntarily elected to increase the maximum compensation level

pursuant to statutes in effect at that time, shall have transferred,

pursuant to this subsection and the procedures established by the

Board, the employee contributions made on compensation for service

which is in excess of Twenty-five Thousand Dollars ($25,000.00) per

annum prior to July 1, 1994, with an amount which represents the

actuarial assumed earnings of the System of seven and one-half

percent (7.5%) compounded annually until the date of transfer. It

is the intent of the Legislature that the excess contributions shall

be transferred directly to an account established for the employee

in the Oklahoma State Employees Deferred Savings Incentive Plan.

The provisions for transfer contained in this subsection shall not

take effect until the Board receives official written notice that

this distribution satisfies the tax qualification requirements for

governmental plans applicable to such transfers as specified in the

Internal Revenue Code of 1986, as amended from time to time and as

applicable to governmental plans and the relevant regulatory

provisions and guidance related thereto.

B. Any member who is vested or eligible to vest and not

participating or retired from the System, as of July 1, 1998, whose

compensation for service exceeded Twenty-five Thousand Dollars

($25,000.00) per annum prior to July 1, 1994, and who, prior to July

1, 1998, had voluntarily elected to increase the maximum

compensation level pursuant to statutes in effect at that time,

shall be granted, pursuant to this subsection and the procedures

established by the Board, a limited retirement benefit in addition

to their normal retirement benefit in an amount equivalent to the

additional employee contributions paid by the employee and made on

compensation for service which is in excess of Twenty-five Thousand

Dollars ($25,000.00) per annum prior to July 1, 1994. The limited

benefit shall be payable in an amount equal to Two Hundred Dollars

($200.00) per month or the amount of additional contributions

actually paid, whichever is less, beginning with the first month the

member retires and begins to receive monthly retirement benefits

Oklahoma Statutes - Title 74. State Government Page 634

until the amount of additional contributions has been paid. Upon

the death of the member, the remaining unpaid amount of additional

contributions, if any, shall be paid to the member’s beneficiary in

a lump sum or to the joint annuitant in the same manner as paid to

the member if an election of a survivor option has been made

pursuant to Section 918 of this title. Any provisions for cost of

living or other retirement benefit adjustments shall not be

applicable to this limited benefit. The provisions for the limited

retirement benefit contained in this subsection shall not take

effect until the Board receives official written notice that this

distribution satisfies the tax qualification requirements for

governmental plans applicable to such refunds or transfers as

specified in the Internal Revenue Code of 1986, as amended from time

to time and as applicable to governmental plans and the relevant

regulatory provisions and guidance related thereto.
Okla. Stat. tit. 74, § 74-5090 — OK Code / Title 74 / Section 74-5090
Short title — Creating Oklahoma's Modern Plan for
Status: in_force

Economic Transformation and Effectiveness (COMPETE) Act.

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

Oklahoma’s Modern Plan for Economic Transformation and Effectiveness

(COMPETE) Act”.
Okla. Stat. tit. 74, § 74-192.1 — OK Code / Title 74 / Section 74-192.1
Definitions
Status: in_force

As used in the Oklahoma Jail Standards Act:

1. “Available” means that the subject individual is either on

site or on the premises;

2. “Barrack-style” means a single designated space within a

detention facility for the purpose of housing three or more inmates;

3. “Bodily search” means any invasive examination by hand of an

inmate or clothing of an inmate. Bodily searches shall not include

pat-downs;

4. “Central control” means the central point within the

facility where security activities are monitored and controlled;

5. “Contraband” means anything not authorized to be in the

possession of an inmate;

6. “Dayroom” means a space for activities that is situated

immediately adjacent to the sleeping area of inmates and is

separated from the sleeping area by a wall;

7. “Department” means the State Department of Health;

Oklahoma Statutes - Title 74. State Government Page 356

8. “Detention facility” means a facility that may hold a person

for an indefinite period of time including, but not limited to, a

city or county jail;

9. “Detention officer” means a person whose training,

education, or experience specifically qualifies him or her to

perform the duties indicated in the job description and the Oklahoma

Jail Standards Act or a person who holds a certification accorded

pursuant to the provisions of Section 3311 of Title 70 of the

Oklahoma Statutes. The individual performing the duties shall be

trained in appropriate laws, codes, standards, policies, and

procedures;

10. “Direct supervision” means the detention officer is in

direct contact with inmates and is in a position to constantly

monitor behaviors and interact with inmates;

11. “Emergency care” means medical or surgical care necessary

to treat the sudden onset of a potentially life-threatening or limb-

threatening condition;

12. “Facility administrator” means a sheriff, police chief,

city manager, private contractor, or a designee thereof, charged

with maintaining and operating a lockup facility or detention

facility;

13. “Fixed sleeping surface” refers to a stationary or

installed bed or slab designed to support a mattress or some other

comparable padding on which an inmate can lie down off of the floor;

14. “Grievance” means a circumstance or action considered

unjust;

15. “Holding facility” means a facility that shall hold persons

under arrest who are charged with a crime for a period of no longer

than twelve (12) hours;

16. “Hot meal” means a measure of food served and eaten at one

sitting, prepared and served at a palatable temperature range of one

hundred ten degrees Fahrenheit (110° F) to one hundred twenty

degrees Fahrenheit (120° F);

17. “Inmate” means any individual, whether in pretrial,

sentenced, or unsentenced status, who is confined in a detention

facility;

18. “Juvenile” means a person who is subject solely to the

jurisdiction of a juvenile court or who is subject to the provisions

of Section 2-5-205 of Title 10A of the Oklahoma Statutes;

19. “Last locked/secure door” means the last secure barrier

between staff and an inmate;

20. “Life-endangering situation” includes, but is not limited

to, a suicide attempt or obvious serious injury or illness, which in

the evaluation of the staff requires an immediate response;

21. “Life-threatening” means a situation in which life-saving

measures are taken;

Oklahoma Statutes - Title 74. State Government Page 357

22. “Living area” means those areas of a detention facility

utilized for the day-to-day housing and activities of inmates.

These areas do not include reception and release areas and special-

use cells such as sobering, safety, and holding or staging cells

normally located in receiving areas;

23. “Lockup facility” means a facility that may hold a person

no longer than ten (10) days. Such a facility may be operated by a

municipality for the temporary detention of persons awaiting

arraignment. Persons who require detention for a period longer than

ten (10) days shall be transferred to a detention facility;

24. “Nonsecure areas” means those areas where a youth or

juvenile is in the custody of law enforcement and may not be able to

leave or depart from the presence of law enforcement, yet the youth

or juvenile is not detained in a facility which limits movement;

25. “On site” means a detention officer is physically present

within the detention facility;

26. “On the premises” means a detention officer is physically

present within the structure incorporating the detention facility,

or within a building or structure sharing the same realty or located

on realty that is contiguous to the realty upon which the structure

incorporating the detention facility is located, provided that such

remote building or structure is not located farther than five

hundred (500) feet from the detention facility;

27. “Pat-down” means a noninvasive search of an inmate by hand

performed by lightly skimming the exterior surface of the clothing

covering the legs and torso;

28. “Physician or other licensed medical personnel” means a

psychiatrist, medical doctor, osteopathic physician, physician

assistant, Registered Nurse (RN), Licensed Practical Nurse (LPN),

emergency medical technician at the paramedic level, or Clinical

Nurse Specialist (CNS);

29. “Sensitive functions and procedures” means any bodily

search or the visual supervision of any activity requiring an inmate

to partially or fully disrobe;

30. “Safety check” means direct, visual observation performed

at random intervals within time frames prescribed in the regulations

pursuant to this act to provide for the health and welfare of

inmates;

31. “Sight contact” means clear visibility within close

proximity;

32. “Sound contact” means direct oral communication;

33. “Substantial remodeling” means remodeling for which the

cost to repair is at least fifty percent (50%) of the cost to

replace the facility;

34. “Sustained contact” means sight or sound contact that is

not brief and inadvertent;

Oklahoma Statutes - Title 74. State Government Page 358

35. “Temporary sleeping surface” means any appropriate item

used in overcrowding situations on which an inmate can lie down and

be kept off of the floor on an interim basis;

36. “Waiver” is a long-term deviation from a standard in

extenuating circumstances which are not likely to be overcome in a

reasonable period of time; and

37. “Variance” is a temporary deviation from a standard in

extenuating circumstances which can be overcome in a reasonable

period of time.
Okla. Stat. tit. 74, § 74-480 — OK Code / Title 74 / Section 74-480
Creation - Composition - Terms - Officers - Travel
Status: in_force

reimbursement - Quorum.

A. There is hereby created the Oklahoma Advisory Committee on

Intergovernmental Relations which shall be an advisory committee to

the Oklahoma Legislature.

B. The Oklahoma Advisory Committee on Intergovernmental

Relations shall be composed as follows:

1. One elected municipal official or designee from a

municipality with a population of less than fifty thousand (50,000)

persons, one elected municipal official or designee from a

municipality with a population of fifty thousand (50,000) persons or

more and one elected county official, all of whom shall be appointed

by the Speaker of the House of Representatives;

2. One elected municipal official or designee from a

municipality with a population of less than fifty thousand (50,000)

persons, one elected municipal official or designee from a

municipality with a population of fifty thousand (50,000) persons or

more and one elected county official, all of whom shall be appointed

by the President Pro Tempore of the Senate;

Oklahoma Statutes - Title 74. State Government Page 456

3. The President of the Oklahoma County Officers Association or

designee;

4. The President of the Oklahoma Association of County

Commissioners or designee;

5. The President of the Board of Directors of the Oklahoma

Municipal League or designee;

6. The members of the Oklahoma Congressional Delegation or

staff members designated by the members of the delegation;

7. Four members of the House of Representatives who shall be

appointed by the Speaker of the House of Representatives;

8. Four members of the Senate who shall be appointed by the

President Pro Tempore of the Senate;

9. The Director of the State Department of Transportation or

designee;

10. The Chairman of the Oklahoma Tax Commission or designee;

11. The Governor or designee; and

12. The President of the Oklahoma State School Board Association or

designee.

C. The terms of office of the members appointed by the Speaker

of the House of Representatives and the members appointed by the

President Pro Tempore of the Senate shall be two (2) years.

Legislative members currently serving on the Committee may serve

until July 1, 1996. Legislative members may be reappointed to

successive office for one additional term.

D. The chairman and vice-chairman of the Committee shall be

designated by the Speaker of the House of Representatives and the

President Pro Tempore of the Senate as provided for in this

subsection. The appointment of the chairman and vice-chairman shall

be from the legislators appointed to the Committee. The Speaker of

the House of Representatives shall designate the initial chairman

who shall serve until the convening of the First Regular Session of

the 42nd Oklahoma Legislature. The President Pro Tempore of the

Senate shall designate the initial vice-chairman who shall serve

until the convening of the First Regular Session of the 42nd

Oklahoma Legislature. Thereafter, the chairmanship shall alternate

every two (2) years between the House of Representatives and the

Senate, beginning with the convening of the First Regular Session of

the Legislature. In the event of the absence or disability of both

the chairman and the vice-chairman, the members of the Committee

shall elect a temporary chairman by a majority vote of those present

and voting.

E. The appointed members of the Committee shall serve at the

pleasure of the appointing authority.

F. Any legislative members of the Advisory Committee shall be

reimbursed for their necessary travel incurred in the performance of

their duties pursuant to Section 456 of Title 74 of the Oklahoma

Statutes. Nonlegislative members of the Advisory Committee shall

Oklahoma Statutes - Title 74. State Government Page 457

receive necessary travel expenses incurred in the performance of

their duties according to provisions of the State Travel

Reimbursement Act. All such travel reimbursement authorized by this

subsection shall be paid by the Legislative Service Bureau.

G. A majority of the membership of the Committee, excluding the

congressional membership, shall constitute a quorum for the purpose

of conducting Committee business.
Okla. Stat. tit. 74, § 74-85.58B — OK Code / Title 74 / Section 74-85.58B
Risk management insurance coverage - Fire protection
Status: in_force

A. The Risk Management Administrator, pursuant to the

provisions of this section and Section 85.34 of this title, may

obtain or provide insurance coverage for any vehicle, vessel or

aircraft used for or in firefighting or services provided by the

districts, departments and services specified in subsection D of

this section and may obtain or provide indemnity coverage for any

board member, official, employee or volunteer of any entity

specified in subsection D of this section for any errors and

omissions or liability risks arising from the performance of their

official duties pursuant to law.

B. The Risk Management Administrator, pursuant to the

provisions of this section and Section 85.34 of this title, may

obtain or provide insurance coverage for any building used for or in

firefighting or services specified in subsection D of this section.

If a fire department, district or service specified in subsection D

of this section is housed in a building with any department or unit

of local governmental entities, the Risk Management Administrator

may also obtain or provide building or structure insurance coverage

for such department or unit in such building.

C. The Risk Management Administrator is authorized to determine

eligibility criteria for participation in the Risk Management

Program by such districts, departments and services or for such

member, officer, employee or volunteer. In addition, the Risk

Management Administrator is authorized to establish equipment and

safety standards for the vehicles, vessels, aircraft or buildings to

be covered by the Risk Management Program.

D. The Risk Management Administrator may obtain or provide the

insurance coverage authorized by subsection A of this section for:

1. Fire protection districts organized and operated pursuant to

the provisions of Sections 901.1 through 901.29 of Title 19 of the

Oklahoma Statutes;

2. Volunteer or full-time fire departments established pursuant

to Section 592 of Title 18 of the Oklahoma Statutes;

3. Municipal fire departments organized and operated pursuant

to the provisions of Sections 29-101 through 29-108, and Sections

29-201 through 29-205 of Title 11 of the Oklahoma Statutes;

4. Fire protection services established pursuant to the

provisions of Section 351 of Title 19 of the Oklahoma Statutes; and

5. Rural fire coordinators employed by substate planning

districts acting pursuant to rural fire defense programs.

E. The governing authorities of such fire departments, fire

protection districts and fire protection services shall be required

to make payments for such insurance coverage as provided by Section

85.37 of this title.

F. Requests for the insurance or indemnity coverage provided

pursuant to the provisions of this section shall be submitted in

Oklahoma Statutes - Title 74. State Government Page 211

writing to the Risk Management Administrator by the fire

departments, fire protection districts or fire protection services

specified in subsection C of this section. Those fire departments,

fire protection districts or fire protection services meeting

eligibility criteria shall be approved for participation in the Risk

Management Program by the Risk Management Administrator if the

member, officer, employee or volunteer, and the vehicles, vessels,

aircraft and buildings used by districts, services or departments

meet the equipment and safety standards and eligibility requirements

established by the Risk Management Administrator.

G. Any insurance or indemnity coverage shall be obtained or

provided solely from funds available in the shared risk pool

authorized by Section 85.34B of this title. Any coverage limits

shall be based on the liquidity of the shared risk pool resulting

from the annual payments made pursuant to Section 85.37 of this

title and any interest accrued thereon, after deduction of such sums

as may be necessary to pay all overhead and administrative expenses

associated with administering the pool.

H. Any limited indemnity coverage provided for errors and

omissions pursuant to the provisions of this subsection shall only

cover errors or omissions made by a board member, official, employee

or volunteer of any entity specified in subsection C of this section

occurring after the effective date of this act.

I. The State of Oklahoma is not liable, directly or indirectly,

for the errors and omissions of any board member, official, employee

or volunteer of any entity specified in subsection C of this section

in the performance of his official duties pursuant to law. The

State of Oklahoma is not liable, directly or indirectly, for the

negligence of any entity specified in subsection C of this section.

J. In providing risk management services for any entity

specified by subsection C of this section or any such board member,

official, employee or volunteer of such entity, it is the intention

of the Legislature to provide coverage solely to the extent of

assets in the shared risk pool created by Section 85.34B of this

title.

K. Any liability insurance coverage obtained or provided shall

include expenses for legal services obtained or provided by the Risk

Management Administrator.

L. Except as provided in this section, the Office of Management

and Enterprise Services shall not promote or market other forms of

insurance in conjunction with the Risk Management Program provisions

provided in this section.
Okla. Stat. tit. 74, § 74-8501 — OK Code / Title 74 / Section 74-8501
Telephone callback system
Status: in_force

A. Each state agency, board, commission, department, or other

state governmental entity with more than five hundred employees

shall develop and implement a system for telephone callback.

B. A system that allows the caller to request an automatic

callback as part of a menu of options for the routing or handling of

the call shall satisfy the requirements of this section.

C. The provisions of this section shall be applicable to any

entity that uses a toll-free number to allow contact with the

agency, and such system shall also provide an automatic callback

option and an ability to measure callback efficiency.
Okla. Stat. tit. 74, § 74-360.18 — OK Code / Title 74 / Section 74-360.18
Establishment of campus police departments — Commission
Status: in_force

of campus police officers.

Oklahoma Statutes - Title 74. State Government Page 437

A. Governing boards of institutions of higher education or

private schools, boards of education of public school districts and

airport public trusts are authorized to establish campus police

departments pursuant to the provisions of the Oklahoma Campus

Security Act. In the case of airport public trusts operating more

than one airport, the board of trustees of such airport public trust

is authorized to establish campus police departments at any airport

it operates, but is not required to establish campus police

departments at all airports operated by such airport public trust.

These boards may employ and commission campus police officers and

may designate uniforms, badges and insignia to be worn by such

officers and displayed on vehicles or other equipment of the

department. Campus police departments shall use the following words

or phrases, alone or in any combination, in conjunction with the

uniform, badges, insignia or on vehicles utilized by these

departments: university police, university public safety department,

campus police department, campus police officer, campus public

safety department, campus public safety officer, airport officer,

airport police officer, airport security officer, airport public

safety officer or any standardized title such as director, chief,

major, captain, lieutenant, sergeant, or corporal. Upon

appointment, each such officer shall be given a written commission,

with a photo identification, evidencing the officer's appointment

and authority. The form of this commission shall be prescribed by

the governing boards specified in Section 360.15 et seq. of this

title. Persons employed by a governing board which has established

a campus police department but who are not campus police officers

shall not be permitted to wear uniforms, badges or insignia

specified in this subsection or receive commissions or photo

identification of the type provided campus police officers.

B. The commission of a campus police officer may be suspended

or revoked by the governing board for any reason. Such commission

also may be suspended or revoked by the district attorney in whose

district the officer is employed for cause related to the campus

police officer's ability to exercise the powers of such commission

in the interest of public security or suspended or revoked by the

district attorney upon conviction of the campus police officer for

larceny, theft, embezzlement, false pretense, fraud, any

nonconsensual sex offense, any offense involving a minor as a

victim, any offense involving the possession, use, distribution or

sale of a controlled dangerous substance, or any offense involving a

firearm. The commission of a campus police officer convicted of a

felony or of a crime involving moral turpitude shall be revoked by

the district attorney upon conviction. The commission of a campus

police officer no longer employed by the governing board, except an

officer who is retiring, shall be relinquished to the board, or its

representative, at the time of cessation of the employment. When a

Oklahoma Statutes - Title 74. State Government Page 438

commission is revoked or relinquished, the campus police department

shall take possession of all campus police officer insignia, badges,

identification cards and weapons issued to the officer. A person

who fails to relinquish the insignia, badges, identification cards

or weapons, upon conviction, shall be deemed guilty of a misdemeanor

and shall be punished by the imposition of a fine of not more than

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

jail for not to exceed one (1) year, or by both such fine and

imprisonment.

C. Governing boards shall notify the Council on Law Enforcement

Education and Training (CLEET) when an officer is commissioned or a

commission is relinquished or revoked. The governing boards shall

provide CLEET with all information regarding commissioned officers

requested by CLEET.

D. A campus police officer employed pursuant to the Oklahoma

Campus Security Act shall not be able to participate in either the

Oklahoma Police Pension and Retirement System or the Oklahoma Law

Enforcement Retirement System, unless otherwise entitled to by law.
Okla. Stat. tit. 74, § 74-585 — OK Code / Title 74 / Section 74-585
Use of state property only for official business -
Status: in_force

Penalty.

A. Any property acquired by the state shall be used only in the

conduct of the official business of the state.

B. Any person convicted of violating the provisions of

subsection A of this section is guilty of a misdemeanor.
Okla. Stat. tit. 74, § 74-916 — OK Code / Title 74 / Section 74-916
Death of member before retirement
Status: in_force

Except as otherwise provided for by law, the accumulated

contributions of a member who dies before retirement shall be paid

to the beneficiary of the member.
Okla. Stat. tit. 74, § 74-1905 — OK Code / Title 74 / Section 74-1905
Renumbered as § 2290 of Title 74 by Laws 2005, c. 363, §
Status: in_force

89, eff. Nov. 1, 2005.
Okla. Stat. tit. 74, § 74-85.5a — OK Code / Title 74 / Section 74-85.5a
State purchase card program
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 158

A. Except for the state fleet card, the state purchase card

program administered by the Purchasing Division is the only card

program authorized for use by state agencies.

B. On a monthly basis the State Purchasing Director and

institutions of higher education shall provide to the Director of

the Office of Management and Enterprise Services (OMES) a complete

listing in electronic format of all transactions paid by a state

purchase card. The list shall contain the name of the purchaser and

purchasing agency, amount of purchase and all available descriptions

of items purchased.

C. Upon receipt of the list described in subsection B of this

section, the Director of the OMES shall allow the public access to

the list in searchable format through its website defined in Section

46 of Title 62 of the Oklahoma Statutes.

D. The State Purchasing Director may authorize the use of a

state purchase card for acquisitions within the following

parameters:

1. No limit on the amount of the transaction for the following:

a. purchases from statewide contracts and from contracts

awarded by the State Purchasing Director for the

benefit of a state agency,

b. utilities,

c. interagency payments,

d. emergency acquisitions; provided, requirements to

establish an emergency pursuant to Section 5 of this

act or other applicable statute or rule have been met,

and

e. professional services as defined in Section 803 of

Title 18 of the Oklahoma Statutes; and

2. For any other transaction with a state purchase card, the

transaction shall not exceed the greater of Five Thousand Dollars

($5,000.00) or the limit determined by the State Purchasing

Director, not to exceed the fair and reasonable acquisition

threshold amount.

E. The State Purchasing Director may authorize personnel of the

Department of Commerce, upon a finding by the Secretary of Commerce

that such personnel have a legitimate need therefore, to utilize a

state purchase card for acquisitions for programs, functions or

services essential to the mission of the agency while traveling on

Department of Commerce business in foreign locations with

transaction limits not to exceed Thirty-five Thousand Dollars

($35,000.00). The purchase cardholders are required to sign a

purchase card agreement prior to becoming a cardholder and to attend

purchase card procedure training. The Department of Commerce will

conduct quarterly internal auditing on all purchase card

transactions associated with business and travel in foreign

locations.

Oklahoma Statutes - Title 74. State Government Page 159
Okla. Stat. tit. 74, § 74-922.1 — OK Code / Title 74 / Section 74-922.1
Revolving fund
Status: in_force

There is hereby created in the State Treasury a Revolving Fund

for the Oklahoma Public Employees Retirement System. The revolving

fund shall consist of funds transferred from the Oklahoma Public

Employees Retirement Fund for operational expenses of the System.

Expenditures from said funds shall be made pursuant to the laws of

the state and statutes relating to the System. This revolving fund

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

and shall be under the control and management of the Oklahoma Public

Employees Retirement System Board.
Okla. Stat. tit. 74, § 74-188 — OK Code / Title 74 / Section 74-188
Inspection of domiciliary facilities
Status: in_force

(a) It shall be the duty of the State Commissioner of Health to

visit and inspect, and examine into the conditions and management

Oklahoma Statutes - Title 74. State Government Page 352

of, each domiciliary facility receiving payment from the Department

of Public Welfare for services on behalf of a person or persons

living in the facility, or receiving payment for services from any

such person who is a recipient of public assistance and whose

Schedule of Maximum Money Payments for Assistance Plans in

Accordance With Living Arrangements, as approved by the Oklahoma

Public Welfare Commission, includes an item for maintenance or

nursing care; and to make report of his findings to the Director of

Public Welfare, and any other state agency that might have an

official interest in the findings. For the purposes of this

section, a domiciliary facility shall mean any home, establishment,

institution, or other facility providing living accommodations, or

special living arrangements, or nursing or medical care, for three

or more persons living therein.

(b) Whenever the Director of Public Welfare requests him to do

so, the State Commissioner of Health shall cause a special

inspection to be made to ascertain whether patients or residents of

any such domiciliary facility are receiving proper care or

treatment, or whether the facility is being operated in accordance

with applicable law, and rules and regulations of the Oklahoma

Public Welfare Commission; and, whenever the Director of Public

Welfare requests him to do so, the State Commissioner of Health

shall cause a special investigation to be made to determine whether

a patient or resident of any such domiciliary facility has been

abused or mistreated, or has not received proper care. After making

any such special inspection or investigation, the State Commissioner

of Health shall make a written report of his findings to the

Director of Public Welfare.

(c) If, as a result of any inspection, investigation or

examination, the State Commissioner of Health determines that a

criminal law has been or might have been violated, he shall inform

the district attorney of his findings, for appropriate action.

(d) The duties and responsibilities vested in the State

Commissioner of Health by this section shall be in addition to those

vested in the State Commissioner of Health by other laws.
Okla. Stat. tit. 74, § 74-18r — OK Code / Title 74 / Section 74-18r
Human Trafficking Response Unit
Status: in_force

There is hereby created within the Office of the Attorney

General the Human Trafficking Response Unit, which shall:

1. Maintain data in a central location on human trafficking

that shall be shared with law enforcement, criminal justice

entities, social service agencies, and victim services programs and

document information including, but not limited to, offenders,

locations, victims, types of trafficking, and trafficking

techniques. Provided, however, that any personal identifying

information shall be de-identified using tokens or a similar method

prior to the sharing of data in order to protect individuals'

privacy rights;

2. Develop training programs that address prevention efforts

and best practices on identifying and assisting victims of human

trafficking and support agencies in identifying at-risk environments

for human trafficking;

3. Review current state agency policies to ensure they include

best practices to identify human trafficking victims and encourage

reporting;

4. Create an incentive program to encourage state agencies to

have personnel attend training programs and review policies;

5. Appropriate targeted funding for victim services programs;

and

6. Publish public service announcements on various media

platforms to educate the public about the dangers of human

trafficking.
Okla. Stat. tit. 74, § 74-90.1 — OK Code / Title 74 / Section 74-90.1
Postal services
Status: in_force

A. Except as otherwise provided for in this section, any

agency, as defined in the Administrative Procedures Act, which has

an expenditure for postage of Two Thousand Dollars ($2,000.00) or

more for any one (1) fiscal year shall install a postage meter

machine and have all purchases of postage recorded on that postage

meter machine. Except, a field office or branch office of a state

agency distantly located from the parent agency, and which office

has an annual expenditure for postage of less than Two Thousand

Dollars ($2,000.00), may purchase postage stamps in the manner

prescribed by Section 90.2 of this title and such purchases shall

not be subject to the provisions of subsection B of this section.

B. Any agency, as defined in the Administrative Procedures Act,

not engaged in scientific research or community development, which

finds it necessary, in order to more efficiently and effectively

carry out certain programs or functions, is hereby authorized, upon

making application to the Director of the Office of Management and

Enterprise Services showing sufficient need and upon approval by

said Director, to purchase not more than Two Thousand Dollars

($2,000.00) worth of postage stamps during any one (1) fiscal year

in the manner prescribed by Section 90.2 of this title, with a

method of accountability for the use thereof to be maintained and

subject to audit. Any agency of the state engaged in scientific

research or community development, which finds it necessary, in

order to effectively carry out such research or development, is

hereby authorized, upon making application to the Director of the

Oklahoma Statutes - Title 74. State Government Page 242

Office of Management and Enterprise Services showing sufficient need

and upon approval by the Director, to purchase postage stamps in the

amount demonstrated necessary to pursue such research or development

in the manner prescribed by Section 90.2 of this title, with a

method of accountability for the use thereof to be maintained and

subject to audit. Provided, however, the finance officer of such

state agency shall keep and maintain a record of all postage stamp

allocations within the agency. For purposes of this section,

"scientific research" shall mean research conducted under formally

sponsored grants or contracts; "community development" shall mean

development conducted by a formally and permanently organized office

for that purpose.

C. Every state agency shall utilize business reply mail

accounts, bulk mailing accounts, postage due accounts, zip + 4

codes, mailer applied bar codes or such other services offered by

the United States Postal Service for the purpose of reducing postal

costs and promoting efficiency. The Office of Management and

Enterprise Services shall oversee the implementation of the

provisions of this subsection.
Okla. Stat. tit. 74, § 74-500.37 — OK Code / Title 74 / Section 74-500.37
Direct deposit of travel reimbursements
Status: in_force

State officers and employees may receive any travel

reimbursements that he or she may be entitled to through direct

deposit if the officer or employee is receiving his or her payroll

claims pursuant to the Oklahoma State Employees’ Direct Deposit Act.
Okla. Stat. tit. 74, § 74-5010.1 — OK Code / Title 74 / Section 74-5010.1
Purpose of act - Finding of Legislature
Status: in_force

The purpose of this act is to provide special assistance and aid

to certain minority and disadvantaged persons, so that such persons

may engage in gainful business and employment opportunities to the

extent of their capabilities.

Oklahoma Statutes - Title 74. State Government Page 1039

The Legislature hereby specifically finds there is a pattern of

continuing and latent discrimination in the financial and commercial

sectors of the business communities that results in the deprivation

of opportunities to minority and disadvantaged persons in this state

to engage in self-employment and establishment of business

enterprises.
Okla. Stat. tit. 74, § 74-110.4 — OK Code / Title 74 / Section 74-110.4
Higher Education Facilities Revolving Fund – Accounts
Status: in_force

and purpose.

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

fund for the Oklahoma State Regents for Higher Education to be

Oklahoma Statutes - Title 74. State Government Page 247

designated the “Higher Education Facilities Revolving Fund”. The

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

limitations, and shall consist of all monies received by the

Oklahoma State Regents for Higher Education from the assessment

imposed pursuant to Section 354 of Title 17 of the Oklahoma

Statutes.

B. There shall be two accounts established in such fund. It is

the intent of the Legislature that one account shall be for the

purpose of transfer and allocation to the University of Oklahoma for

funding construction of a weather center on the campus of the

University of Oklahoma and one account shall be for the purpose of

transfer and allocation to Oklahoma State University for funding the

purchase of equipment and renovation of facilities on the campus of

Oklahoma State University for work on the application of advanced

sensor technology for the detection of chemical and biological

threats to homeland security. Any monies accruing to the credit of

said fund shall be divided equally for deposit into the two accounts

provided for herein. No funds deposited into one account shall be

transferred into the other account. All monies in each account are

hereby appropriated and may be budgeted and expended by the Oklahoma

State Regents for Higher Education for the purpose of allocation and

transfer to the University of Oklahoma and Oklahoma State University

as specified herein. The monies deposited into the Higher Education

Facilities Revolving Fund shall be in addition to and not a part of

the appropriations made by the Legislature pursuant to Section 3 of

Article XIII-A of the Oklahoma Constitution.
Okla. Stat. tit. 74, § 74-1707 — OK Code / Title 74 / Section 74-1707
Oklahoma State Employees Deferred Savings Incentive Plan
Status: in_force

A. Effective January 1, 1998, for each qualified participant as

defined in this section who is a state employee as defined in this

section, the Oklahoma Public Employees Retirement System shall pay

each month from funds appropriated or deposited to the Oklahoma

State Employees Deferred Savings Incentive Plan Fund created

pursuant to this section the sum of Twenty-five Dollars ($25.00) to

a plan established pursuant to the Internal Revenue Code, Section

401(a), for the benefit of the employee; provided, if monies in the

fund are insufficient to fully fund the contributions in any month,

payments shall be suspended until such time as sufficient monies are

available. Employees receiving payroll other than monthly shall

have an amount contributed which is equivalent to Twenty-five

Dollars ($25.00) per month.

B. For the purposes of this section, "qualified participant"

means a state employee as defined in this section who is an active

participant in the Oklahoma State Employees Deferred Compensation

Plan making deferrals of at least Twenty-five Dollars ($25.00) per

Oklahoma Statutes - Title 74. State Government Page 860

month. A qualified participant shall not include an employee who

participates in the defined contribution system administered by the

Oklahoma Public Employees Retirement System on or after November 1,

2015. Effective July 1, 2000, each qualified participant shall be

eligible for a contribution of Twenty-five Dollars ($25.00) to the

Oklahoma State Employees Deferred Savings Incentive Plan beginning

with the first employee deferral into the Oklahoma State Employees

Deferred Compensation Plan. The Director of the Office of

Management and Enterprise Services shall be responsible for the

provision of such information and assistance as may be necessary to

determine which employees are qualified participants and shall

provide for appropriate payroll transactions to accomplish

contributions to the Oklahoma State Employees Deferred Savings

Incentive Plan and the Oklahoma State Employees Deferred

Compensation Plan. The Oklahoma Public Employees Retirement System

shall be responsible for establishing rules and plan documents for

administration of such contributions. Funds so credited shall be

held and invested in the same manner as the Oklahoma State Employees

Deferred Compensation Plan, as provided in Section 1701 of this

title.

C. For the purposes of this section, "state employee" means any

officer or employee of the executive, legislative, or judicial

branches of the government of this state who is an active member of

a public retirement system of this state, but does not include:

1. Employees of the public elementary, secondary, or area

vocational school districts;

2. Employees of The Oklahoma State System of Higher Education

except employees of the Oklahoma State Regents of Higher Education,

employees of the governing boards and employees of the Board of

Regents of the University of Oklahoma who are participating members

of the Oklahoma Public Employees Retirement System;

3. Persons on temporary, student, internship, or other limited-

term appointments except for Executive Fellows in the Carl Albert

Public Internship Program created in Section 840-3.4 of this title;

or

4. Persons employed pursuant to Section 1.6a of Title 53 of the

Oklahoma Statutes.

D. No public official shall be able to make contributions to

the Section 401(a) plan described by this section during a term of

office which commenced prior to July 1, 1997. A public official may

make contributions to the Section 401(a) plan described by this

section during a term of office which commences after July 1, 1997.

No legislator shall be eligible to make contributions to the Section

401(a) plan described by this section until such contributions have

been approved by the Board on Legislative Compensation. The

provisions of this subsection shall be applicable only in the event

that the Plan permits employee contributions.

Oklahoma Statutes - Title 74. State Government Page 861

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

fund to be designated the "Oklahoma State Employees Deferred Savings

Incentive Plan Fund". The fund shall be a continuing fund, not

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

the Legislature may appropriate or transfer to the fund and any

monies contributed for the fund from any other sources, public or

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

appropriated and may be budgeted and expended by the Oklahoma Public

Employees Retirement System for the matching of deferred

compensation contributions pursuant to this section and in

accordance with rules promulgated by the Oklahoma Public Employees

Retirement System and for reimbursement of expenses for

administration of the Deferred Savings Incentive Plan and the

Oklahoma State Employees Deferred Compensation Plan. Expenditures

from the fund shall be made by 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.

F. Effective July 1, 2000, every employer which has state

employees participating in the Oklahoma State Employees Deferred

Savings Incentive Plan shall pay to the Fund an amount equal to

Twenty-five Dollars ($25.00) each month for each qualified

participant as defined in this section, along with an amount to

reimburse the cost of administration of the Oklahoma State Employees

Deferred Savings Incentive Plan and the Oklahoma State Employees

Deferred Compensation Plan for each qualified participant, as

determined by the Board.

1. The Board shall certify each year to the Office of

Management and Enterprise Services the determined amount for the

administrative cost of the Oklahoma State Deferred Savings Incentive

Plan and the Oklahoma State Employees Deferred Compensation Plan

which will be required to be paid for each qualified participant.

The Board of Trustees shall promulgate such rules as are necessary

to implement the provisions of this subsection and provide the

methodology for the determination.

2. Each employer shall pay at least monthly to the Fund the sum

sufficient to satisfy the obligation under this section as certified

by the Board.

3. Each employer is hereby authorized to pay the employer's

contribution from the same fund that the compensation for which said

contribution is paid from or from any other funds available to it

for such purpose.
Okla. Stat. tit. 74, § 74-85.50 — OK Code / Title 74 / Section 74-85.50
Short title
Status: in_force

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

Recycling and Recycled Materials Procurement Act".
Okla. Stat. tit. 74, § 74-51.1a — OK Code / Title 74 / Section 74-51.1a
Interoperable public safety communications planning
Status: in_force

A. In addition to the powers and duties as defined elsewhere in

statute, the Office of Homeland Security has the duty and

responsibility for interoperable public safety communications

planning within this state. As part of this duty the Office of

Homeland Security shall:

1. Annually develop and electronically report to the Governor,

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

Representatives, the Statewide Communications Interoperability Plan;

2. Coordinate statewide planning for public safety

communication needs of state government and state emergency

responders, including a migration plan for state agency use of

public safety communications technologies and rendering of aid

between state government and its political subdivisions for

organizing and use of disparate public safety communications

systems;

3. Serve as a focal point for all state-level projects

involving public safety communications vendors where the focus of

such authority can substantially enhance the state communications

plan or savings;

4. Apply for, receive and hold, or assist state agencies in

applying for, receiving or holding such authorizations, licenses,

and allocations of channels and frequencies to carry out the

purposes of this section;

5. Establish minimum standards and protocols for acquisition,

development, or enhancement of public safety communications

technologies. These standards shall be utilized by the Information

Services Division of the Office of Management and Enterprise

Services pursuant to the provisions of Section 34.20 of Title 62 of

the Oklahoma Statutes; and

6. Accomplish such other purposes as may be necessary or

incidental to the administration of its authority or functions

pursuant to law.

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

entities comply with the provisions of the Statewide Communications

Oklahoma Statutes - Title 74. State Government Page 111

Interoperability Plan issued by the Office of Homeland Security.

All state agencies are required to review the provisions of the

Statewide Communications Interoperability Plan and the public safety

communications standards issued by the Office of Homeland Security

prior to the purchase, acquisition, development, or enhancement of

any public safety communications system. Local public safety

agencies and political subdivisions of the state are encouraged, but

not required, to review the provisions of the Statewide

Communications Interoperability Plan and the public safety

communications standards issued by the Office of Homeland Security

prior to the purchase, acquisition, development, or enhancement of

any public safety communications system to assist the local public

safety agency or political subdivision in purchasing decisions.

C. No state agency shall use state funds or enter into any

agreement for the acquisition, development, or enhancement of a

public safety communication system unless the request is consistent

with the Statewide Communications Interoperability Plan and the

public safety communications standards issued by the Office of

Homeland Security.
Okla. Stat. tit. 74, § 74-3908 — OK Code / Title 74 / Section 74-3908
Termination of certain statutory entities July 1, 2013 -
Status: in_force

Abolition of powers, duties and functions.

The following statutory entities and their successors shall be

terminated on July 1, 2013, and all powers, duties and functions

shall be abolished one (1) year thereafter:

1. State Accrediting Agency as created by Section 241 of Title

72 of the Oklahoma Statutes;

2. Capitol-Medical Center Improvement and Zoning Commission as

created by Section 83.1 of Title 73 of the Oklahoma Statutes;

3. Archives and Records Commission as created by Section 305 of

Title 67 of the Oklahoma Statutes;

4. Domestic Violence Fatality Review Board as created by

Section 1601 of Title 22 of the Oklahoma Statutes;

5. Oklahoma Energy Resources Board as created by Section 288.3

of Title 52 of the Oklahoma Statutes;

6. Advisory Committee on Pedorthics as created by Section 2305

of Title 59 of the Oklahoma Statutes;

7. Advisory Committee on Orthotics and Prosthetics as created

by Section 3005 of Title 59 of the Oklahoma Statutes;

8. Sheep and Wool Utilization, Research and Market Development

Commission as created by Section 18-181 of Title 2 of the Oklahoma

Statutes;

9. Construction Industries Board as created by Section 1000.2

of Title 59 of the Oklahoma Statutes; and

10. Committee of Home Inspector Examiners, as created by

Section 858-624 of Title 59 of the Oklahoma Statutes.
Okla. Stat. tit. 74, § 74-4115A — OK Code / Title 74 / Section 74-4115A
Longevity awards
Status: in_force

Pursuant to rules promulgated by the Office of Management and

Enterprise Services, state employees shall be recognized for their

length of service to the state. Recognition shall consist of

certificates and lapel pins. The longevity award shall be made at

five-year intervals during the month following the anniversary date

of the employee to recognize years of service as defined in Section

840-2.18 of this title. The cost of the incentive award shall be

billed to the employing agency.
Okla. Stat. tit. 74, § 74-2256 — OK Code / Title 74 / Section 74-2256
Authority to issue negotiable bonds - Resolution -
Status: in_force

Interest rate - Covenants - Trust indentures - Monies deemed trust

funds.

A. The Commission shall have the power and is authorized to

issue negotiable bonds in anticipation of the collection of all or

any part of its revenues, not to exceed Five Million Dollars

($5,000,000.00), for the purpose of constructing, reconstructing,

improving, bettering or extending any properties which it is

authorized to maintain or operate hereunder. The Commission shall

pledge all or any part of the revenues derived from the operation of

the parks controlled and operated by the Commission to the payment

of the interest and principal of such bonds.

B. The bonds authorized by this section shall be authorized by

resolution of the Commission and may, as provided in such

resolution:

1. Be issued in one or more series;

2. Bear such date or dates and may mature at such time not

exceeding twenty-five (25) years from their respective dates;

3. Bear interest at a rate or rates not exceeding ten percent

(10%) per annum; and

4. Contain such terms, covenants and conditions.

C. The bonds authorized by this section may be sold in a manner

and upon terms as determined by the Commission. The interest cost

yield to maturity of any issue of bonds shall not exceed ten percent

(10%) per annum, payable semiannually.

D. Any resolution authorizing the issuance of bonds under this

act may contain covenants including, but not limited to:

1. The purpose or purposes to which the proceeds of the sale of

bonds may be applied, and the deposit, use, and disposition thereof;

Oklahoma Statutes - Title 74. State Government Page 920

2. The use, deposit, securing of deposits, and disposition of

the revenues of the Commission, including the creating and

maintenance of reserves;

3. The issuance of additional bonds payable from revenues of

the Commission;

4. The operation and maintenance of properties of the

Commission;

5. The insurance to be carried thereon, and the use, deposit

and disposition of insurance monies;

6. Books of account and the inspection and audit thereof and

the accounting methods of the Commission;

7. The nonrendering of any free service by the Commission

except for promotional activities as deemed in this act; and

8. The preservation of the properties of the Commission so long

as any of the bonds remain outstanding, from any mortgage, sale,

lease or other encumbrances not specifically permitted by the terms

of the resolution.

E. At the discretion of the Commission, any bonds issued under

the provisions of this act may be secured by a trust indenture by

and between the Commission and a corporate trustee, which may be any

trust company or bank having the powers of a trust company within

the state. Any trust indenture may pledge or assign the revenues

from the operation of properties of the Commission, but shall not

convey or mortgage any properties, except such revenues. Any trust

indenture or any resolution providing for the issuance of such bonds

may contain provisions for protecting and enforcing the rights and

remedies of the bondholders as may be reasonable and proper and not

in violation of law, including covenants setting forth the duties of

the Commission in relation to:

1. The construction, improvement, maintenance, repair,

operation and insurance of the improvements in connection with which

such bonds shall have been authorized;

2. The custody, safeguarding and application of all monies; and

3. The employment of consulting engineers in connection with

the construction or operation of such improvements.

F. It shall be lawful for any bank or trust company

incorporated under the laws of the state, which may act as

depository of the proceeds of bonds or of revenues, to furnish

indemnifying bonds or to pledge securities as may be required by the

Commission. Any trust indenture may set forth the rights and

remedies of the bondholders and of the trustee, and may restrict the

individual right of action by bondholders as is customary in trust

agreements or trust indentures securing bonds and debentures of

corporations. In addition to the foregoing, any trust indenture may

contain other provisions as the Commission may deem reasonable and

proper for the security of the bondholders. All expenses incurred

in carrying out the provisions of any trust indenture may be treated

Oklahoma Statutes - Title 74. State Government Page 921

as a part of the cost of operation of the improvements for which the

bonds are authorized.

G. Monies received pursuant to the authority of this act,

whether as proceeds from the sale of bonds or as revenues from the

operations of the properties which have been identified for bond

repayment purposes, shall be deemed to be trust funds, to be held

and applied solely as provided in this act. The resolution

authorizing the issuance of bonds of any issue, or the trust

indenture securing such bonds, shall provide that any officer to

whom, or any bank or trust company to which, the monies shall be

paid, shall act as trustee of the monies and shall hold and apply

the same for the purpose hereof, subject to such regulations as this

act and such resolution or trust indenture may provide.
Okla. Stat. tit. 74, § 74-5063.4b — OK Code / Title 74 / Section 74-5063.4b
Small Business Credit Enhancement Program - Creation -
Status: in_force

Requirements.

There is hereby created the Small Business Credit Enhancement

Program. Twenty-five percent (25%) of the amount allocated to the

industrial, agribusiness, and other private activity portfolio mix

category pursuant to Section 9 of this act shall be used for the

Small Business Credit Enhancement Program. Credit enhancements

provided pursuant to this section shall be subject to the following

requirements:

1. The original principal amount of credit enhancement on

behalf of any borrower shall not exceed Two Hundred Fifty Thousand

Dollars ($250,000.00);

2. The Authority may insure no more than eighty-five percent

(85%) of a loan, and at least twenty-five percent (25%) of the loan

proceeds shall be used for improvements and not more than twenty-

Oklahoma Statutes - Title 74. State Government Page 1142

five percent (25%) of the loan proceeds may be used to refinance

existing obligations of a borrower;

3. The borrower:

a. in the case of an existing business, at the time

application is made for financing assistance, employs

twenty (20) persons or less or has gross sales not

exceeding One Million Five Hundred Thousand Dollars

($1,500,000.00) per year, or

b. in the case of a new business, at the time application

is made for financing assistance, projects that,

during the first twelve (12) months of operation, it

is reasonably expected will employ twenty (20) persons

or less or have gross sales not exceeding One Million

Five Hundred Thousand Dollars ($1,500,000.00);

4. Borrowers shall be for-profit entities; and

5. Repayment of loans of less than One Hundred Thousand Dollars

($100,000.00) may be secured by less than full collateral if the

borrower or the principals of the borrower have good credit records

as determined by the Authority.
Okla. Stat. tit. 74, § 74-219A — OK Code / Title 74 / Section 74-219A
Education and training of staff members
Status: in_force

The State Auditor and Inspector shall provide adequate

continuing professional education for all staff members necessary to

comply fully with federal requirements to ensure the acceptability

of all audits performed under Section 2 of this act. Such training

may take the form of courses presented by competent state and

federal employees, the American Institute of Certified Public

Accountants and other organizations recognized by the Office of

Management and Budget as competent to provide such training.

Employees of other state entities who can demonstrate they are

mandated to participate in continuing professional education because

of their assignment may be included in relevant training sessions

if, within available resources, the State Auditor and Inspector is

reimbursed for the costs of their participation.
Okla. Stat. tit. 74, § 74-85.45k — OK Code / Title 74 / Section 74-85.45k
State Travel Office
Status: in_force

A. There is hereby created the State Travel Office within the

Purchasing Division of the Office of Management and Enterprise

Services.

B. All state agencies and departments of this state may make

arrangements for all air travel on scheduled commercial airlines for

state employees required to travel in the course of their official

duties and for all other persons traveling at state expense through

the State Travel Office, except when the state agency determines

that:

1. The air travel services can be secured at a cost less than

that which can be secured by the State Travel Office; or

2. The air travel originates from a location outside the state

and it would be impractical to arrange for the air travel through

the State Travel Office; or

3. The air travel is necessitated by an emergency and time does

not permit utilization of the State Travel Office's services; or

4. The air travel is part of a package arrangement made by the

organization scheduling the meeting or conference.

C. All claims made for reimbursement shall contain a statement

showing the reason for the exemption.

D. The State Travel Office shall promulgate rules and contract

specifications to which the contract travel agencies shall be

subject. The rules and specifications shall be drawn with the

intent of obtaining the lowest available fares for scheduled

commercial air travel.

E. At the end of each month the contract travel agencies shall

furnish a statement, if requested, in a form approved by the State

Travel Office, showing certain details of all travel arrangements

Oklahoma Statutes - Title 74. State Government Page 195

handled to each state agency for which the contract travel agencies

have furnished their services and shall also furnish copies of the

statements to the State Travel Office.
Okla. Stat. tit. 74, § 74-63.1 — OK Code / Title 74 / Section 74-63.1
Building and Facility Revolving Fund
Status: in_force

There is hereby created in the State Treasury, a revolving fund

for the Office of Management and Enterprise Services to be

designated the "Building and Facility Revolving Fund". The fund

shall be a continuing fund not subject to fiscal year limitations

and shall consist of all operation and maintenance charges paid to

the Office by occupying agencies of the buildings operated and

maintained by the Office. Monies accruing to the fund may be

expended by the Office of Management and Enterprise Services for

operation and maintenance of the facilities and expenses the Office

incurs to support building and facilities operations. Expenditures

from the fund shall be made on warrants issued by the State

Treasurer against claims filed with the Director of the Office of

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 74, § 74-85.3A — OK Code / Title 74 / Section 74-85.3A
Exempted entities - State purchasing contracts advisory
Status: in_force

committee.

A. Compliance with the provisions of the Oklahoma Central

Purchasing Act shall not be required of:

1. County government;

2. The Oklahoma State Regents for Higher Education, the

institutions, centers or other constituent agencies of The Oklahoma

State System of Higher Education;

3. The telecommunications network known as OneNet;

4. The Department of Public Safety gun range;

5. The State Treasurer for the following purchases:

a. services including, but not limited to, legal services

to assist in the administration of the Uniform

Unclaimed Property Act, as provided in Section 668 of

Title 60 of the Oklahoma Statutes, and

b. software, hardware and associated services to assist

in the administration of funds and securities held by

the state, as provided in Section 71.2 of Title 62 of

the Oklahoma Statutes;

6. Statutorily allowed interagency agreements between state

agencies;

7. The Oklahoma Department of Veterans Affairs, in accordance

with Section 63.22 of Title 72 of the Oklahoma Statutes;

8. The Oklahoma Military Department for the purchases of

heraldry items including, but limited to, medals, badges and other

military accoutrements;

9. A transaction, wholly funded by monies other than state-

derived funds, in which a state agency functions only as a pass-

through conduit to fund an acquisition that is required by the

funding source for the benefit of another entity or individuals and

the state agency does not retain ownership of any part of the

acquisition as a result of the transaction; or

10. The Secretary of State when selecting a vendor for

publication of the Oklahoma Statutes in accordance with Section 13

of Title 75 of the Oklahoma Statutes.

B. The State Purchasing Director may form an advisory committee

consisting of representatives from entities exempted from the

provisions of the Oklahoma Central Purchasing Act. The purpose of

Oklahoma Statutes - Title 74. State Government Page 150

the committee shall be to allow committee members to provide input

into the development of shared state purchasing contracts,

collaboratively participate in the integration of their purchasing

platforms or electronic purchasing catalogs, analyze solutions that

may be used by state government to meet the purchasing needs of the

entities, explore joint purchases of general use items that result

in mutual procurement of quality goods and services at the lowest

reasonable cost and explore flexibility, administrative relief and

transformation changes through utilization of procurement

technology.

C. At the invitation of the State Purchasing Director entities

exempted from the provisions of the Oklahoma Central Purchasing Act

shall participate in the advisory committee referenced in subsection

B of this section.

D. The State Purchasing Director may invite representatives of

political subdivisions, and local common education entities to

participate as members of the advisory committee.
Okla. Stat. tit. 74, § 74-152.8 — OK Code / Title 74 / Section 74-152.8
Transportation of unlawful oil or gas as public nuisance
Status: in_force

- Seizure and forfeiture of certain property - Recovery procedure.

A. The transportation of all unlawful oil or unlawful gas is

hereby declared to be a public nuisance and such unlawful gas or

unlawful oil shall be forfeited to the state. Except as provided by

this section and Section 8 of this act all vehicles being used to

transport said unlawful oil or unlawful gas shall also be forfeited

to the state.

B. Except as authorized by subsection C of this section, all

property taken or detained under this section by any authorized

person shall not be repleviable, and shall be deemed to be in the

custody of the office of the district attorney of the county in

which such property was seized, subject only to the decree of a

court of competent jurisdiction. If sufficient evidence exists, as

determined by the district attorney, that any oil or gas seized is

unlawful oil or unlawful gas or that any vehicle seized was used to

transport such unlawful oil or unlawful gas, said district attorney

shall follow the procedures provided in Section 8 of this act

dealing with notification of seizure, intent and forfeiture, final

disposition procedures, and release to innocent claimants with

regard to all property seized by such authorized persons. If

sufficient evidence does not exist, as determined by the district

attorney, that any oil or gas seized is unlawful oil or unlawful gas

or that any vehicle seized was used to transport such unlawful oil

or unlawful gas, the district attorney may release such oil or gas

or vehicle but shall notify any appropriate state or federal agency

of any possible permit or license violations.

C. 1. The owner of a vehicle, upon submission of a written

statement, under oath, to the office of the district attorney of the

county in which said property was seized that such owner had no

knowledge of the unlawfulness of the oil or gas or that the oil or

gas became unlawful without his knowledge after the creation of his

interest or that the vehicle was being used for the purpose charged

without his knowledge, and upon execution of a lien pursuant to this

subsection and entry of the lien on the certificate of title, shall

be entitled to recover the possession of the vehicle prior to the

commencement of the action.

2. The office of the district attorney of the county in which

property was seized shall have a lien upon any vehicle seized

pursuant to this section. If the title to the vehicle is not with

Oklahoma Statutes - Title 74. State Government Page 333

the person from whom such vehicle was seized, the person having

title shall be given notice within five (5) days of such seizure and

of the opportunity to recover the vehicle pursuant to this

subsection. The lien on such vehicle shall be preferred to all other

liens or encumbrances which may attach to or upon such vehicle.

3. The office of the district attorney claiming the lien within

ten (10) days of seizure of the vehicle shall file in the office of

the county clerk of the county in which such property was seized a

statement verified by affidavit setting forth:

a. the registration number of the seized vehicle;

b. the name of the person having title to said vehicle;

and

c. a description of the vehicle including its value.

In addition, the office of the district attorney claiming the

lien shall provide for the entry of the lien on the certificate of

title pursuant to the Motor Vehicle Title Act. Such statement shall

be filed and the lien recorded on the certificate of title prior to

the recovery of the vehicle by the owner pursuant to this

subsection.

4. Any person having title to the seized vehicle on which a

lien is claimed pursuant to this subsection may at any time

discharge the lien by depositing with the county clerk of the county

in which property was seized a corporate surety bond made payable to

the state in an amount not less than the value of the vehicle

seized. Within three (3) business days after the deposit of bond is

made, the county clerk shall serve upon the office of the district

attorney claiming the lien, written notice setting forth:

a. the number of the lien claim;

b. the name of the vehicle owner;

c. the property description shown on the lien claim;

d. the names of the principal and surety; and

e. the bond penalty.

The party seeking to discharge the lien shall prepare and

deliver the notice to the county clerk of the county in which the

property was seized and pay a fee of Five Dollars ($5.00) to cover

the cost of filing and mailing. An abbreviated notice may be used

if the same refers to and encloses a copy of the lien claim and a

copy of the bond with the clerk's filing stamp thereon. The notice

shall be mailed by registered or certified mail at the option of the

county clerk.

If a bond is deposited, the district attorney shall have five

(5) days after the notice is mailed within which to file a written

objection with the county clerk of said county. If a written

objection is not timely made, the county clerk shall immediately

show the lien released of record. If an objection is timely made,

the county clerk shall set a hearing within five (5) days thereafter

and notify by ordinary mail both the office of the district attorney

Oklahoma Statutes - Title 74. State Government Page 334

and the party making the deposit of the date and time thereof. The

only grounds for objection shall be that: The surety is not

authorized to transact business in this state; the bond is not

properly signed; the amount is less than the value of the vehicle

seized; the power of attorney of the surety's attorney-in-fact does

not authorize the execution; there is no power of attorney attached

if the bond is executed by anyone other than the surety's president

and attested by its secretary; or a cease and desist order has been

issued against the surety either by the Insurance Commissioner or a

court of competent jurisdiction. Within two (2) business days

following the hearing the county clerk shall either sustain or

overrule the objections and notify the parties of his ruling by

ordinary mail. If the objections are sustained, the ruling of the

county clerk shall be conclusive for lien release purposes unless

appealed within ten (10) days to the district court. If the

objections are overruled, the county clerk shall immediately show

the lien released of record.

The bond shall: Name the office of the district attorney in

which the property was seized as obligee and the party seeking the

release as principal; be executed by both the principal and the

surety; have a proper power of attorney attached if executed by an

attorney-in-fact; be executed by a corporate surety authorized to

transact business in this state; and be conditioned that the

principal and surety will pay the full amount of the claim as

established in any appropriate court proceeding, plus any court

costs, but in no event shall the liability of the principal or

surety under the bond exceed the bond penalty. The conditions of

any bond filed pursuant to this section shall be deemed to comply

with the requirements hereof, regardless of the language or

limitations set forth therein, if both the principal and surety

intend that the bond be filed to secure a lien release under this

section.

The bond shall stand in lieu of the released lien. The bond

shall stand liable for such principal, interest, and court costs.

The bond principal and surety are necessary parties to an action

against the substituted security, and by filing a bond the parties

subject themselves to personal jurisdiction in the court where the

action is properly filed and may be served with process as in other

cases.

5. If the district attorney fails to file a forfeiture

proceeding pursuant to Section 8 of this act, upon application of

the party filing the bond and the payment of a fee of Ten Dollars

($10.00), the county clerk shall appropriately note on the bond that

the same has been released. The clerk shall not incur liability to

any lien claimant for the release of a bond in good faith.

6. Upon conviction of the owner of the vehicle for violating

the provisions of this act, the vehicle so seized upon which a lien

Oklahoma Statutes - Title 74. State Government Page 335

has been filed pursuant to this subsection or any bond posted for

the discharge of the lien on such vehicle shall be forfeited to the

state pursuant to forfeiture proceedings provided by Section 8 of

this act.

7. Upon the acquittal of such person charged with violating the

provisions of this section or upon the dismissal with prejudice of

said charge against such person or it is shown that the owner of

such vehicle was not knowledgeable concerning the illegal use of his

vehicle, the lien on the vehicle shall be immediately discharged in

accordance with procedures for the discharge of liens, or the bond

posted shall be returned to the person posting such bond.
Okla. Stat. tit. 74, § 74-130.3 — OK Code / Title 74 / Section 74-130.3
Conversion of school and government vehicles to operate
Status: in_force

on alternative fuel.

A. All school vehicles and all government vehicles may be

converted to operate on an alternative fuel. The state, any county

or municipal government and any school district within the state may

have access to the Oklahoma Alternative Fuels Conversion Fund and

the reasonable expenses of the conversions and/or the installation

of a fill station or charge station may be reimbursed in the manner

pursuant to Section 130.4 of this title if the state, county,

municipality or school district can pay back such conversion and/or

fill station or charge station installation costs within seven (7)

years of the date of conversion and/or fill station or charge

station installation. Beginning July 1, 1995, all school districts

within this state should consider only purchasing school vehicles

which have the capability to operate on an alternative fuel.

B. The reasonable expenses of the conversion of the school

vehicle fleets and the government vehicle fleets that are converted

pursuant to subsection A of this section shall be reimbursed in the

manner pursuant to Section 130.4 of this title.

C. The reasonable expenses of the installation of a fill

station or charge station that is installed pursuant to subsection A

of this section shall be reimbursed in the manner pursuant to

Section 130.4 of this title.

D. Any vehicle converted to have the capability of being fueled

or charged by alternative fuels pursuant to the provisions of the

Oklahoma Alternative Fuels Conversion Act shall not be sold or

otherwise transferred to another person or entity before the total

reimbursement of the cost of such conversion pursuant to the

provisions of the Oklahoma Alternative Fuels Conversion Act unless

such conversion equipment is removed and installed on another

government vehicle or school vehicle owned by such public entity.

E. Any fill station or charge station installed pursuant to the

provisions of the Oklahoma Alternative Fuels Conversion Act shall

not be sold or otherwise transferred to another person or entity

before the total reimbursement of the cost of such fill station or

charge station pursuant to the provisions of the Oklahoma

Alternative Fuels Conversion Act.

F. All school vehicles and all government vehicles which are

converted to operate on alternative fuel shall be required to use

such alternative fuel whenever a fill station or charge station is

in operation within a five-mile radius of the respective department,

district, agency, office, or political subdivision that has

Oklahoma Statutes - Title 74. State Government Page 255

converted vehicles to operate on alternative fuel, and the price of

the alternative fuel is comparable to the price of the fuel being

displaced. School vehicles and government vehicles that are capable

of operating on a conventional fuel as well as an alternative fuel

shall be exempt from this restriction on those occasions when the

vehicle or vehicles must be refueled outside the five-mile radius of

the respective department, district, agency, office or political

subdivision that has said vehicle and no alternative fuel fill

station or charge station is reasonably available.
Okla. Stat. tit. 74, § 74-5156 — OK Code / Title 74 / Section 74-5156
Signature requirements for partnership contracts- Receipt
Status: in_force

and deposit of money received under contracts - Value report to the

House and Senate.

Oklahoma Statutes - Title 74. State Government Page 1186

A. Partnership contracts shall be signed by both the Director

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

authorized representative of the responsible state agency for which

the public service at issue in the contract relates.

B. The Director of OMES is authorized to receive and deposit

any money received under the contract. Any such contract shall be

sufficient to effect its purpose notwithstanding any provision of

law to the contrary, including other laws governing the sale, lease

or other disposition of property or interests therein, service

contracts or financial transactions by or for the state.

C. The Office of Public-Private Partnerships shall provide a

report to the Speaker of the House of Representatives and the

President Pro Tempore of the Senate explaining the value of the

contract to the state and describing the procurement process by

which the contract was reached.
Okla. Stat. tit. 74, § 74-5063.13 — OK Code / Title 74 / Section 74-5063.13
Resolution of board of directors - Trust indentures
Status: reserved

A. All bonds issued hereunder shall be authorized by resolution

of the board of directors. Each such resolution shall contain such

terms, covenants and conditions applicable to the bonds as are

deemed desirable. All bonds issued under this act shall be on a

parity as to security. The resolution of the board may provide for

the execution and delivery by the Oklahoma Development Finance

Authority of a trust indenture or trust indentures, with a bank or

banks located within or without the state, containing any of the

terms, covenants and conditions referred to above, which trust

indenture or trust indentures shall be binding upon the state, and

its officers and officials, to the extent set forth in this act.

B. Any resolution or trust indenture adopted or executed under

this section shall provide that power is reserved to apply to the

payment of debt service on the bonds issued or secured thereunder

all or any part of the Authority's revenues, from whatever source

derived, and, to the extent of such revenues, to release from any

requirement of such resolution or trust indenture other revenues and

Oklahoma Statutes - Title 74. State Government Page 1148

resources of the state including without limitation, the general

revenue funds required to be appropriated pursuant to this act.
Okla. Stat. tit. 74, § 74-237 — OK Code / Title 74 / Section 74-237
Right of way
Status: in_force

In order to carry out the provisions of this article, it shall

be lawful for all persons employed by the bureau to enter and cross

all lands within the state Provided, that in so doing no damage

shall be done to private property.
Okla. Stat. tit. 74, § 74-5060.24 — OK Code / Title 74 / Section 74-5060.24
Administration and Data Processing Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Center for the Advancement of Science and

Technology to be designated the "Administration and Data Processing

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

to fiscal year limitations. The fund shall consist of all monies

authorized by law for deposit therein, grants, donations or

reimbursements that the President of the Center may direct to be

Oklahoma Statutes - Title 74. State Government Page 1093

deposited therein, proceeds from the sale of surplus property,

insurance payments to the agency, receipts pursuant to the Oklahoma

Open Records Act, and transfers from other revolving funds of the

Center as the President may direct. Monies accruing to the credit

of said fund are hereby appropriated and may be budgeted and

expended by the Center for the administrative costs of all programs

of the Center, including all personal and other operating expenses.

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, § 74-2231 — OK Code / Title 74 / Section 74-2231
Confidential lists and information
Status: in_force

The Department may keep confidential:

1. Prospect lists, booking lists, subscriber lists, permission

marketing lists, or personal information provided to the Department;

and

2. Business plans, feasibility studies, financing proposals,

marketing plans, financial statements, or trade secrets submitted by

a person or entity seeking economic advice from the Department and

any information compiled by the Department in response to the

submissions.
Okla. Stat. tit. 74, § 74-5062.6a — OK Code / Title 74 / Section 74-5062.6a
Program Development and Credit Review Committee -
Status: in_force

Creation - Membership - Meetings - Personal interest in contracts -

Personal liability - Duties.

A. There is hereby created the Program Development and Credit

Review Committee within the Oklahoma Development Finance Authority.

The committee shall be composed of three (3) members as follows:

1. One member who is designated by the board of directors of

the Oklahoma Development Finance Authority;

Oklahoma Statutes - Title 74. State Government Page 1116

2. One member who is the Oklahoma State Bond Advisor; and

3. One member who is jointly selected by the Oklahoma State

Bond Advisor and by the designee of the Oklahoma Development Finance

Authority; provided, the Oklahoma Development Finance Authority

shall contract for the services of said member.

B. The Oklahoma Development Finance Authority shall provide all

staff support required by the committee.

C. The meetings of the committee shall be subject to the Open

Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma

Statutes, and the Open Records Act, Section 24A.1 et seq. of Title

51 of the Oklahoma Statutes. Any information submitted to or

compiled by the committee with respect to the marketing plans,

financial statements, trade secrets or any other commercially

sensitive information of persons, firms, associations, partnerships,

agencies, corporations or other entities shall be confidential,

except to the extent that the person or entity which provided such

information or which is the subject of such information consents to

disclosure. Executive sessions may be held to discuss such

materials if deemed necessary by the members of the committee.

D. If a member of the committee has any direct or any indirect

interest in any approval, contract or agreement upon which the

member may be called upon to act or vote, the member shall disclose

the same to the committee prior to the taking of final action by the

committee concerning such contract or agreement and shall so

disclose the nature and extent of such interest and the member's

acquisition thereof, which disclosure shall be publicly acknowledged

by the committee and entered upon the minutes of the committee. If

a member holds such an interest, the member shall refrain from any

further official involvement in regard to such contract or

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

agreement, and from communicating with other members concerning said

contract or agreement. Notwithstanding any other provision of law,

any contract or agreement entered into in conformity with this

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

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

interest and refraining from further official involvement as

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

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

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

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

committee. Indirect interest shall include pecuniary or competitive

advantage which exists or could foreseeably accrue as a result of

the act or forebearance of the committee.

E. No member of the committee may be subject to any personal

liability or accountability for having acted within the course and

scope of the person's membership on the committee. The committee

shall indemnify any member of the committee against expenses

Oklahoma Statutes - Title 74. State Government Page 1117

actually and necessarily incurred by the member in connection with

the defense of any action or proceeding in which the member is made

a party by reason of past or present association with the committee

and the subject of which was within the course and scope of the

person's membership on the committee.

F. The committee, except for actions taken by the Oklahoma

Development Finance Authority pursuant to Section 5 of this act and

Section 5063.4i of this title, shall:

1. Prior to any action by the Oklahoma Development Finance

Authority, review and approve all program development uses of the

Credit Enhancement Reserve Fund;

2. Prior to any action by the Oklahoma Development Finance

Authority, review and approve all commitments of the Credit

Enhancement Reserve Fund;

3. Facilitate implementation of subsection H of Section 5062.6

of this title; and

4. Review the Rules Regarding the Administration of the Credit

Enhancement Reserve Fund and related regulations and policies as

implemented by the Oklahoma Development Finance Authority to

determine the adequacy and sufficiency of such rules, regulations

and policies for fulfilling the intents and purposes of the Credit

Enhancement Reserve Fund Act, Section 5063.1 et seq. of this title.

The committee shall prepare and provide to the Executive and

Legislative Bond Oversight Commissions and the Oklahoma Development

Finance Authority a written finding on such determination.

G. The Oklahoma Development Finance Authority may accept or

reject approvals of the committee, but may not modify the approvals.

H. On any application for financing proposed to be supported

pursuant to the Credit Enhancement Reserve Fund Act, except for the

Quality Jobs Investment Program established by Section 5 of this act

and Section 5063.4i of this title, the application and any relevant

materials considered by the Oklahoma Development Finance Authority

when making a determination concerning the proposed financing shall

be reviewed by the committee for the purpose of evaluating and

assigning a credit rating based upon the risk of the venture and the

ultimate risk of loss exposure to the Credit Enhancement Reserve

Fund.

I. The committee, except for actions taken by the Oklahoma

Development Finance Authority pursuant to Section 5 of this act and

Section 5063.4i of this title, shall examine the credit analysis and

due diligence on each such proposed financing and shall prepare and

provide a written report to the Commissions and the Oklahoma

Development Finance Authority concerning the credit rating and

concerning sufficient compliance with the Rules Regarding the

Administration of the Credit Enhancement Reserve Fund.

Oklahoma Statutes - Title 74. State Government Page 1118
Okla. Stat. tit. 74, § 74-5060.27 — OK Code / Title 74 / Section 74-5060.27
Annual business plan - Annual report
Status: in_force

OAME shall prepare and submit an annual business plan for

approval by the Board of Directors of the Oklahoma Center for the

Advancement of Science and Technology. The business plan shall be

made a part of the annual business plan of the Center provided for

in Section 5060.8 of Title 74 of the Oklahoma Statutes and shall be

subject to approval by Oklahoma Futures. OAME shall also prepare an

annual report for submission to the Center, which shall include:

1. A synopsis of the activities of OAME during the previous

fiscal year; and

2. An examination of quantifiable measures of the results of

actions and plans of OAME.
Okla. Stat. tit. 74, § 74-3004.2 — OK Code / Title 74 / Section 74-3004.2
State Use Advisory Council Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Office of Management and Enterprise Services to be

designated the "State Use Advisory Council Revolving Fund". The

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

limitations, and shall consist of all proceeds from the management

fee or levy on contracts for purchases of products or services of

people with significant disabilities, as provided in Section 3004.1

of this title. The fund shall be invested in any of the types of

instruments in which the State Treasurer is authorized by law to

invest. Interest earned shall be retained by the fund. All monies

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

be budgeted and expended by the Office of Management and Enterprise

Services for the salary and other administrative expenses of the

buyer and clerical and technical support in the Central Purchasing

Division of the Office of Management and Enterprise Services

responsible for contracts for the products and services of people

with significant disabilities and expenses the Office incurs to

support State Use operations including services of the Centralized

Non-Profit Agency (CNA). 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, § 74-582 — OK Code / Title 74 / Section 74-582
Israel a prominent trading partner – Companies contracting
Status: in_force

with the state to certify they are not engaged in boycotts of

Israel.

A. The State of Oklahoma hereby declares that Israel is a

prominent trading partner of the State of Oklahoma and that the

state, and those companies that do business by and through the

state, in the interest of the state's economic policy, should not

boycott trade with Israel. Companies that refuse to deal with

United States trade partners such as Israel make discriminatory

decisions on the basis of national origin that impair those

companies' commercial soundness. Israel is known for its dynamic

and innovative approach in many business sectors, and a company's

decision to discriminate against persons or entities doing business

in Israel or in territories controlled by Israel is an unsound

business practice making the company an unduly risky contracting

partner. It is also the public policy of the United States, as

enshrined in several federal acts, including 50 U.S.C., Section

4607, to oppose such boycotts, and Congress has concluded as a

matter of national trade policy that cooperation with Israel

materially benefits United States companies and improves American

competitiveness.

B. Except as provided in subsection D of this section, the

state shall not enter into a contract with a company unless the

company submits a written certification that the company is not

currently engaged in a boycott of goods or services from Israel that

constitutes an integral part of business conducted or sought to be

conducted with the state.

C. The state shall not adopt a procurement, investment or other

policy that has the effect of inducing or requiring a person to

boycott the government of Israel or its instrumentalities, or to

boycott a person doing business in Israel or territories under its

jurisdiction, when such boycott is on the basis of such person's

location in such places.

D. The Oklahoma Secretary of State shall approve contracts or

may waive application of this section on any contract with any state

agency if the Secretary determines that compliance is not

practicable.

E. As used in this section:

1. "Boycott" means engaging in a refusal to deal, terminating

business activities or performing other actions that are intended to

limit commercial relations with persons or entities doing business

Oklahoma Statutes - Title 74. State Government Page 489

in Israel or in territories controlled by Israel, if those actions

are taken either:

a. in compliance with or adherence to calls for a boycott

of Israel other than those boycotts to which 50

U.S.C., Section 4607(c) applies, or

b. in a manner that discriminates on the basis of

nationality, national origin or religion, and that is

not based on a valid business reason;

2. "Company" means an organization, association, corporation,

partnership, venture or other entity, its subsidiary or affiliate,

that exists for profitmaking purposes or to otherwise secure

economic advantage;

3. "Contract" means a written agreement between the state and a

company to acquire or dispose of goods or services with an aggregate

price of more than One Hundred Thousand Dollars ($100,000.00).

"Contract" does not mean a written agreement between the state and

an individual to acquire or dispose of goods or services, including

employment or consultant services; and

4. "State" means this state or an agency, board, commission or

department of this state.
Okla. Stat. tit. 74, § 74-62.9 — OK Code / Title 74 / Section 74-62.9
Clandestine drug laboratory detection, removal, and disposal - Use of federal funds or
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 3disposal - Use of federal funds or grants for training and

equipment.

Unless otherwise prohibited, as funds become available from

appropriations approved by the United States Congress or grants

awarded by federal agencies to the Oklahoma State Bureau of

Investigation, or from the OSBI Revolving Fund, the A.F.I.S. Fund,

or the Forensic Science Improvement Revolving Fund, the Oklahoma

State Bureau of Investigation shall be authorized to use the funds

to purchase equipment and provide training to law enforcement

agencies located in this state at no cost to the agencies. The

costs of training may include tuition, equipment, supplies, and

Oklahoma Statutes - Title 74. State Government Page 128

costs involved in attending training, and travel costs paid in

accordance with the State Travel Reimbursement Act. In

consideration of the economic benefit provided to the State of

Oklahoma, its citizens, their health, and their property, by the

continued use of the equipment and training for use in law

enforcement efforts, the Oklahoma State Bureau of Investigation may

transfer title to any such equipment to a law enforcement agency for

official law enforcement uses only.
Okla. Stat. tit. 74, § 74-1811.4E — OK Code / Title 74 / Section 74-1811.4E
Renumbered as § 2-140 of Title 47 by Laws 1998, c. 32,
Status: repealed

§ 4, emerg. eff. April 1, 1998 and Repealed by Laws 1998, c. 245, §

11, eff. Jan. 1, 1999.
Okla. Stat. tit. 74, § 74-840-1.17 — OK Code / Title 74 / Section 74-840-1.17
Agreements with municipalities to furnish services
Status: in_force

and facilities.

The Office may enter into agreement with any municipality or

political subdivision of the state to furnish services and

facilities of the Office to the municipality or political

subdivision in the administration of its personnel on merit

principles. Any such agreement shall provide for the reimbursement

to the state of the cost of the services and facilities furnished.

All municipalities and political subdivisions of the state may enter

into such agreements.
Okla. Stat. tit. 74, § 74-1910 — OK Code / Title 74 / Section 74-1910
Oklahoma Jazz Hall of Fame Board of Directors
Status: in_force

A. There is hereby created the Oklahoma Jazz Hall of Fame Board

of Directors. The Board shall be permanently housed in the

Greenwood Cultural Center located in Tulsa. The Oklahoma Jazz Hall

of Fame will be governed by the Oklahoma Jazz Hall of Fame Board of

Directors as it is constituted on the effective date of this act.

The facility and properties shall be managed by the Greenwood

Oklahoma Statutes - Title 74. State Government Page 874

Cultural Center Board of Directors, except those under the

jurisdiction of the Oklahoma Jazz Hall of Fame.

B. The Oklahoma Tourism and Recreation Department is hereby

directed to include the Oklahoma Jazz Hall of Fame and the Greenwood

Cultural Center in their various promotions of cultural activities

in Oklahoma.
Okla. Stat. tit. 74, § 74-2903.1 — OK Code / Title 74 / Section 74-2903.1
Oklahoma Homebuilder Program
Status: in_force

The Oklahoma Homebuilder Program shall be administered by the

Oklahoma Housing Finance Agency (OHFA). The program shall create

more affordable single family housing units across the State of

Oklahoma. The program shall be a loan program for homebuilders at

interest rates as low as zero percent (0%), providing loans to build

single family housing units. The program shall fund both urban and

rural housing developments across the state. The program shall give

preference to applicants seeking to build homes in communities that

have been under a federally declared natural disaster within the

last twelve (12) months. Additionally, participants in this program

shall not be eligible for the Oklahoma Affordable Housing Tax Credit

as found in Section 2357.403 of Title 68 of the Oklahoma Statutes.

OHFA may promulgate rules to administer the Oklahoma Homebuilder

Program. OHFA shall provide a yearly report beginning July 1, 2024,

to the Governor, the Speaker of the Oklahoma House of

Representatives, the President Pro Tempore of the Oklahoma State

Senate, the House Appropriations and Budget Chair, and the Senate

Appropriations Chair detailing how many awards have been made and

Oklahoma Statutes - Title 74. State Government Page 947

how many single family housing units have been built to date, along

with other program information deemed relevant by OHFA.
Okla. Stat. tit. 74, § 74-5060.44 — OK Code / Title 74 / Section 74-5060.44
Oklahoma Center for the Advancement of Science and
Status: in_force

Technology Intern Partnership for STEM Workforce Pipeline Program.

A. As used in this section:

1. “Applicant organization” means an Oklahoma-based entity that

is a nonprofit research foundation or private enterprise of special

importance to the Oklahoma economy; and

2. “Eligible student” means an individual currently enrolled in

a technology center school under the governance of the State Board

of Career and Technology Education or an individual currently

enrolled in an undergraduate or graduate program at an institution

of higher education who is majoring in a science, technology,

engineering, and mathematics (STEM) based discipline including, but

not limited to, natural sciences, computer science, materials

science, engineering, biomedical, biotechnical, data analytics,

finance, mathematics, or a support area related to building

successful Oklahoma high-tech companies.

B. There is hereby created the Oklahoma Center for the

Advancement of Science and Technology Intern Partnership for STEM

Workforce Pipeline Program to be administered by the Oklahoma Center

for the Advancement of Science and Technology under the governance

of the Oklahoma Science and Technology Research and Development

Board.

C. The Oklahoma Center for the Advancement of Science and

Technology may award competitive internship funds, through

professional service contracts, to applicant organizations to hire

qualified student interns to participate in innovative industry

projects.

Oklahoma Statutes - Title 74. State Government Page 1101

D. To qualify for program internship funds, the applicant

organization must provide:

1. Documentation verifying that not less than fifty percent

(50%) of the total direct cost of the proposed project will be

provided by sources other than the Oklahoma Center for the

Advancement of Science and Technology and other state-appropriated

money. Such sources may be in the form of salary, cash, nonstate

grant funds, and other sources of funding as defined by the Oklahoma

Center for the Advancement of Science and Technology;

2. A description of the potential commercial application of and

the industrial sectors that will likely benefit from the project and

the potential to enhance employment opportunities in Oklahoma;

3. An itemized research budget, timeline, and research

methodology; and

4. Any other information that may be required by the Board.

E. The Board shall award professional service contracts after

it determines the applicant organization:

1. Provides a beneficial and meaningful intern experience which

includes exposure to real-world application of technology and

innovation activities;

2. Involves projects leading to innovation, new knowledge, or

technology that will benefit the applicant organization;

3. Has a reasonable probability to enhance employment

opportunities within Oklahoma;

4. Is technically sound, will produce a measurable result, and

will provide a positive impact to the applicant organization; and

5. Does not involve market surveys or research activities that

create fundamental or basic information which lack the potential for

reasonably short-term commercialization.

F. Based upon the information submitted by the applicant

organization, external peer review, and such additional

investigation as the staff of the Center shall make, the Board may

approve such professional service contracts after the Board finds

that:

1. The proposed project is research that leads to innovation,

new knowledge, or technology and is not training or technical

assistance for business firms;

2. The project has a reasonable probability to enhance

employment opportunities within the state; and

3. The project is technically sound and will produce a

measurable result.

G. The Oklahoma Center for the Advancement of Science and

Technology shall promulgate rules necessary to implement and

administer the program authorized in this section.
Okla. Stat. tit. 74, § 74-9030.3 — OK Code / Title 74 / Section 74-9030.3
Administration of act - Art in Public Places Oversight
Status: in_force

Committee.

A. The Oklahoma Arts Council may create an Art in Public Places

Division to administer the Oklahoma Art in Public Places Act.

B. There is hereby created an Art in Public Places Oversight

Committee comprised of:

1. The Director of the Office of Management and Enterprise

Services, or designee;

2. The Director of the Oklahoma Arts Council, or designee;

3. The Director of the Oklahoma Historical Society, or

designee;

4. The Director of the Department of Transportation, or

designee;

5. The Chancellor of the Oklahoma State Regents for Higher

Education, or designee;

6. One artist appointed by the Director of the Oklahoma Arts

Council;

7. One architect appointed by the Director of the Office of

Management and Enterprise Services;

8. One engineer appointed by the Director of the Office of

Management and Enterprise Services; and

9. One museum director/curator appointed by the Director of the

Oklahoma Arts Council.

C. 1. All appointed members shall serve a term of three (3)

years and may be reappointed for one additional three-year term.

2. The officers of the Committee shall be a chair, a vice-

chair, and a secretary elected at the last meeting of each fiscal

year. Appointments to fill officer vacancies shall be made by the

chair between elections.

3. Meetings shall be held at the call of the chair, and for the

initial appointments, a majority of the members present shall

constitute a quorum.

D. Except as provided for in subsections E and G of this

section, the Oversight Committee is empowered with overseeing each

of the following phases of the development and management of the

Oklahoma Art in Public Places Act:

Oklahoma Statutes - Title 74. State Government Page 1240

1. Develop job specifications for a Division Director of the

Art in Public Places Division, who shall not be subject to the Merit

System of Personnel Administration;

2. Make recommendations for the implementation of the Art in

Public Places Program to the Executive Director of the Oklahoma Arts

Council; and

3. Develop methods of selection of artists, criteria for

selection, final approval of site projects, maintenance and repair

of works of art, and periodic evaluation of the Program.

E. Artwork or art restoration projects in the administrative

control of the Oversight Committee pursuant to the Oklahoma Art in

Public Places Act shall not be subject to The Oklahoma Central

Purchasing Act, but the projects shall be subject to a call for

entries process established by the Oversight Committee.

F. Members shall be reimbursed for necessary travel expenses in

accordance with the State Travel Reimbursement Act.

G. The State Capitol Preservation Commission shall retain its

administrative control over art projects for the Capitol and the

Governor's Mansion as provided for in Section 4104 of Title 74 of

the Oklahoma Statutes.

H. The governing boards for institutions of higher education or

local boards of trustees shall perform the duties of the Oversight

Committee for art projects on the campuses that they oversee.
Okla. Stat. tit. 74, § 74-5207 — OK Code / Title 74 / Section 74-5207
Renumbered as § 516 of Title 3 by Laws 2025, c. 274, §
Status: in_force

23, eff. July 1, 2025.

Oklahoma Statutes - Title 74. State Government Page 1191
Okla. Stat. tit. 74, § 74-5063.5 — OK Code / Title 74 / Section 74-5063.5
Assets of Fund to be maintained in separate accounts
Status: in_force

The monies and other assets designated by the board of directors

as being deposited to the Fund shall be maintained in accounts

separated from all other monies and assets of the Oklahoma

Development Finance Authority, and shall be accounted for separately

in the financial statements prepared by or for the Authority.
Okla. Stat. tit. 74, § 74-911 — OK Code / Title 74 / Section 74-911
Employee members
Status: in_force

(1) Any employee of a participating employer on the entry date

of such employer shall be a member of the System on the entry date.

(2) Any employee other than a state elected official who is

employed by a participating employer after the entry date of such

employer shall be a member of the System on the first day of the

month immediately following employment.

(3) Any employee who is in military service or on leave of

absence on the entry date of his employer shall become a member of

the System upon his return to active employment.
Okla. Stat. tit. 74, § 74-4257 — OK Code / Title 74 / Section 74-4257
Employment of former or ex officio state board or
Status: in_force

commission members.

A. Except as otherwise provided by law, no state board or

commission shall employ any former member of the board or

commission.

B. 1. A state board or commission may employ a former member

of the board or commission if at least one (1) year has passed since

the term of office of the former member has expired or since the

date the former member resigned from the board or commission.

2. An institution of higher education may employ a former

member of the board of regents which has oversight over the

institution if at least six (6) months have passed since the term of

office of the former member has expired or since the date the former

member resigned from the board of regents.

C. Notwithstanding subsection B of this section, a state board

or commission may employ:

1. A state employee who is an ex officio member of that board

or commission and who is required by law to be a member of that

board or commission; or

2. A former statewide elected official who was an ex officio

member of that board or commission if the former statewide elected

official completed the term in office. This subsection shall not

apply to a statewide elected official who is an ex officio member of

a board or commission.

D. Any person who willfully violates any provision of this

section shall be guilty of a misdemeanor and upon conviction thereof

shall be punished by a fine of not less than Fifty Dollars ($50.00)

nor more than One Thousand Dollars ($1,000.00), or by imprisonment

for not longer than six (6) months or by both such fine and

imprisonment, and upon conviction shall be ineligible for

appointment to or employment in a position in state service and, if

Oklahoma Statutes - Title 74. State Government Page 1009

at the time of conviction is an employee of the state, the employee

shall forfeit the position.
Okla. Stat. tit. 74, § 74-326.3 — OK Code / Title 74 / Section 74-326.3
Cigarette sale requirements – Test method and
Status: in_force

performance standard – Cigarettes with lowered permeability bands –

Test reports – Review of legislation - Exceptions.

A. Except as provided in subsection H of this section, no

cigarettes may be sold or offered for sale in this state or offered

for sale or sold to persons located in this state unless the

cigarettes have been tested in accordance with the test method and

Oklahoma Statutes - Title 74. State Government Page 427

meet the performance standard specified in this section, a written

certification has been filed by the manufacturer with the State Fire

Marshal in accordance with Section 4 of this act, and the cigarettes

have been marked in accordance with Section 5 of this act.

B. The following requirements shall be applicable:

1. Testing of cigarettes shall be conducted in accordance with

the American Society of Testing and Materials (ASTM) standard E2187-

04, “Standard Test Method for Measuring the Ignition Strength of

Cigarettes”;

2. Testing shall be conducted on ten layers of filter paper;

3. No more than twenty-five percent (25%) of the cigarettes

tested in a test trial in accordance with this section shall exhibit

full-length burns. Forty replicate tests shall comprise a complete

test trial for each cigarette tested;

4. The performance standard required by this section shall only

be applied to a complete test trial;

5. Written certifications sha1l be based upon testing conducted

by a laboratory that has been accredited pursuant to standard

ISO/IEC 17025 of the International Organization for Standardization

(ISO), or other comparable accreditation standard required by the

State Fire Marshal;

6. Laboratories conducting testing in accordance with this

section shall implement a quality control and quality assurance

program that includes a procedure that will determine the

repeatability of the testing results. The repeatability value shall

be no greater than nineteen-hundredths (0.19);

7. This section does not require additional testing if

cigarettes are tested consistent with this act for any other

purpose; and

8. Testing performed or sponsored by the State Fire Marshal to

determine a cigarette’s compliance with the performance standard

required shall be conducted in accordance with this section.

C. Each cigarette listed in a certification submitted pursuant

to Section 4 of this act that uses lowered permeability bands in the

cigarette paper to achieve compliance with the performance standard

set forth in this section shall have at least two nominally

identical bands on the paper surrounding the tobacco column. At

least one complete band shall be located at least fifteen (15)

millimeters from the lighting end of the cigarette. For cigarettes

on which the bands are positioned by design, there shall be at least

two bands fully located at least fifteen (15) millimeters from the

lighting end and ten (10) millimeters from the filter end of the

tobacco column, or ten (10) millimeters from the labeled end of the

tobacco column for nonfiltered cigarettes.

D. A manufacturer of a cigarette that the State Fire Marshal

determines cannot be tested in accordance with the test method

prescribed in paragraph 1 of subsection B of this section shall

Oklahoma Statutes - Title 74. State Government Page 428

propose a test method and performance standard for the cigarette to

the State Fire Marshal. Upon approval of the proposed test method

and a determination by the State Fire Marshal that the performance

standard proposed by the manufacturer is equivalent to the

performance standard prescribed in paragraph 3 of subsection B of

this section, the manufacturer may employ such test method and

performance standard to certify such cigarette pursuant to Section 4

of this act. If the State Fire Marshal determines that another

state has enacted reduced cigarette ignition propensity standards

that include a test method and performance standard that are the

same as those contained in this act, and the State Fire Marshal

finds that the officials responsible for implementing those

requirements have approved the proposed alternative test method and

performance standard for a particular cigarette proposed by a

manufacturer as meeting the fire safety standards of that state’s

law or regulation under a legal provision comparable to this

section, then the State Fire Marshal shall authorize that

manufacturer to employ the alternative test method and performance

standard to certify that cigarette for sale in this state, unless

the State Fire Marshal demonstrates a reasonable basis why the

alternative test should not be accepted under this act. All other

applicable requirements of this section shall apply to the

manufacturer.

E. Each manufacturer shall maintain copies of the reports of

all tests conducted on all cigarettes offered for sale for a period

of three (3) years, and shall make copies of these reports available

to the State Fire Marshal and the Attorney General upon written

request. Any manufacturer who fails to make copies of these reports

available within sixty (60) days of receiving a written request

shall be subject to a civil penalty not to exceed Ten Thousand

Dollars ($10,000.00) for each day after the sixtieth day that the

manufacturer does not make such copies available.

F. The State Fire Marshal may adopt a subsequent ASTM Standard

Test Method for Measuring the Ignition Strength of Cigarettes upon a

finding that such subsequent method does not result in a change in

the percentage of full-length burns exhibited by any tested

cigarette when compared to the percentage of full-length burns the

same cigarette would exhibit when tested in accordance with ASTM

Standard E2187-04 and the performance standard in paragraph 3 of

subsection B of this section.

G. The State Fire Marshal shall review the effectiveness of

this section and report every three (3) years to the Legislature the

State Fire Marshal’s findings and, if appropriate, recommendations

for legislation to improve the effectiveness of this act. The

report and legislative recommendations shall be submitted no later

than June 30 following the conclusion of each three-year period.

Oklahoma Statutes - Title 74. State Government Page 429

H. The requirements of subsection A of this section shall not

prohibit:

1. Wholesale or retail dealers from selling their existing

inventory of cigarettes on or after January 1, 2009, if the

wholesale or retail dealer can establish that state tax stamps were

affixed to the cigarettes prior to January 1, 2009, and the

wholesale or retail dealer can establish that the inventory was

purchased prior to January 1, 2009, in comparable quantity to the

inventory purchased during the same period of the prior year;

provided, that in no event may a wholesale or retail dealer sell or

offer for sale a cigarette in this state that does not comply with

this act after January 1, 2010;

2. The sale of cigarettes solely for the purpose of consumer

testing. For purposes of this subsection, the term “consumer

testing” means an assessment of cigarettes that is conducted by a

manufacturer or under the control and direction of a manufacturer,

for the purpose of evaluating consumer acceptance of such

cigarettes, utilizing only the quantity of cigarettes that is

reasonably necessary for such assessment; or

3. Wholesale or retail dealers from selling, until July 1,

2009, cigarettes manufactured in this state as determined by the

State Fire Marshal.

I. This act shall be implemented in accordance with the

implementation and substance of the laws of those states that have

enacted reduced cigarette ignition propensity standards as of the

effective date.
Okla. Stat. tit. 74, § 74-840-2.25 — OK Code / Title 74 / Section 74-840-2.25
Meetings of job-related professional organizations - Leave to attend - Activities
Status: in_force

Oklahoma Statutes - Title 74. State Government Page 19Leave to attend - Activities excluded.

A. An employee shall be entitled to take leave with pay not to

exceed three (3) days a year to attend meetings of job-related

professional organizations of which the employee is a member upon

receiving permission from the appointing authority. The denial by

an appointing authority or organizational leave shall be in writing

and state the reasons for denying said leave.

B. The leave authorized by this section shall not be used for

lobbying activities which include the lobbying of legislative or

executive branch elected officials within state-owned or leased

buildings.
Okla. Stat. tit. 74, § 74-1254 — OK Code / Title 74 / Section 74-1254
Status of employees of sending agency
Status: in_force

(a) Employees of a sending agency participating in an exchange

of personnel as authorized in Section 3 may be considered during

such participation to be on detail to regular work assignments of

the sending agency.

(b) Employees who are on detail shall be entitled to the same

salary and benefits to which they would otherwise be entitled and

shall remain employees of the sending agency for all other purposes

except that the supervision of their duties during the period of

detail may be governed by agreement between the sending agency and

the receiving agency.

(c) Any employee who participates in an exchange under the terms

of this section who suffers disability or death as a result of

personal injury arising out of and in the course of an exchange, or

sustained in performance of duties in connection therewith, shall be

treated, for the purposes of the sending agency's employee

compensation program, as an employee, as defined in such act, who

Oklahoma Statutes - Title 74. State Government Page 777

has sustained such injury in the performance of such duty, but shall

not receive benefits under that act for any period for which he is

entitled to and elects to receive similar benefits under the

receiving agency's employee compensation program.
Okla. Stat. tit. 74, § 74-11000 — OK Code / Title 74 / Section 74-11000
Interagency transfers – Commissioned law enforcement
Status: in_force

officers.

The Oklahoma State Bureau of Investigation, the Oklahoma Bureau

of Narcotics and Dangerous Drugs, the Oklahoma Highway Patrol and

the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission

are hereby authorized to enter into interagency transfers among

commissioned law enforcement officers. These interagency transfers

shall be bilateral agreements between the appointing authorities of

each agency. No transfer shall be for a period of two (2) years or

less and the temporary assignment period shall not exceed five (5)

years in length. Agencies authorized by this act shall have

authority to promulgate rules for the interagency transfer process.
Okla. Stat. tit. 74, § 74-1006 — OK Code / Title 74 / Section 74-1006
Approval of agreements
Status: in_force

In the event that an agreement made pursuant to this act shall

deal in whole or in part with the provision of services or

facilities with regard to which an officer or agency of the state

government has constitutional or statutory powers of control, the

agreement shall, as a condition precedent to its entry into force,

be submitted to the state officer or agency having such power of

control and shall be approved or disapproved by him or it as to all

matters within his or its jurisdiction in the same manner and

subject to the same requirements governing the action of the

Attorney General pursuant to Section 4(f) of this act. This

Oklahoma Statutes - Title 74. State Government Page 732

requirement of submission and approval shall be in addition to and

not in substitution for the requirement of submission to and

approval by the Attorney General. .
Okla. Stat. tit. 74, § 74-603 — OK Code / Title 74 / Section 74-603
Approval by Attorney General
Status: in_force

Except as to official bonds for which the Governor of the State

of Oklahoma is the approving officer, no official bond executed on

or after the effective date of this act may be accepted by any State

officer, board, commission, institution, or agency, until the said

bond has been first approved as to form by the Attorney General of

the State of Oklahoma. All official bonds executed on and after the

effective date of this act shall be transmitted to the Attorney

General, and if approved by him as to form shall be transmitted by

him to the office of the Secretary of State, who shall file the

same. The Attorney General shall notify the officer, board,

commission, institution, or agency transmitting said bond that the

bond has been so approved. If the Attorney General shall disapprove

any bond so transmitted to him, he shall return the bond to the

transmitting officer, board, commission, institution, or agency,

with a statement that the same has been disapproved.
Okla. Stat. tit. 74, § 74-2275 — OK Code / Title 74 / Section 74-2275
Notes and bonds as investment securities - Collateral
Status: in_force

security.

Notes and bonds issued pursuant to provisions of this act are

hereby made securities in which all public officers and public

boards, agencies and instrumentalities of the state and its

political subdivisions, all banks, trust companies, trust and loan

associations, investment companies and others carrying on a banking

business, and all insurance companies and insurance associations,

and others carrying on an insurance business may legally and

properly invest. These notes and bonds are also approved as

collateral security for the deposit of any public funds and for the

investment of trust funds.