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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1612 By: David
AS INTRODUCED
An Act relating to law enforcement unification;
creating the Oklahoma Department of Public Safety
Unification Act of 2022; creating the Oklahoma
Department of Public Safety; stating the divisions of
the Department; providing for appointment of a
Commissioner of the Oklahoma Department of Public
Safety; stating qualifications of the Commissio ner;
creating the Oklahoma Board of Public Safety;
providing for membership; providing for quorum;
providing powers and duties of the Board; directing
consolidation of agencies; directing affirmation of
certain agency positions; providing for authority of
the Commissioner; stating powers, duties , and
responsibilities of the Commissioner; directing the
creation and maintenance of a Public Integrity
Division; providing for responsibilities of the
Public Integrity Division; requiring certain budget
funding; providing for qualifications of
investigators; direc ting establishment of a Public
Integrity Joint Task Force; providing for the
Oklahoma Department of Public Safety Revolving Fund;
providing for the creation and maintenance of a
Mental Wellness Division; di recting establishment of
policies and procedures; allowing certain
partnerships; providing for the Mental Wellness
Division Revolving Fund; authorizing establishment of
certain foundation; providing for noncodification;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and ma y be cited as the "Oklahoma
Department of Public Safety Un ification Act of 2022 "
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 910 1 of Title 74, unless there
is created a duplication in n umbering, reads as follows:
A. Upon effective date of thi s act, there is hereby created the
Oklahoma Department of Public Safety. The Oklahoma Department of
Public Safety shall include the following law enforcement
departments and agencies:
1. The Oklahoma Highway Patrol Division;
2. The Oklahoma State Bureau of Investigation; and
3. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control.
B. The Oklahoma Department of Public Safety may include, but
shall not be limited to the following divisions :
1. Administration, to be comprised of the non -law enforcement
division of the current Depar tment of Public Safety;
2. Training and Recruitment; and
3. Licensing.
C. The Oklahoma Board of Public Safety, established in Section
2 of this act, shall appo int a Commissioner for the Oklahoma
Department of Safety. Compensation for the Commissioner shall be
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determined by the Board. Qualifications for the Commissioner shall
include:
1. Bachelor's degree;
2. A minimum of five (5) years of demonstrated, succes sful
leadership experience;
3. Relevant experience in law enforcement, public safety, or
related field; and
4. Person of character, reputation, knowledge, and
understanding of the emerging trends facing front -line public safety
personnel, skills, integri ty, ability and training.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 910 2 of Title 74, unless there
is created a duplication in number ing, reads as follows:
A. There is hereby created the Oklahoma Board of Public Safety.
The Board shall be comprised of five (5) members as follows:
1. The Governor, or designee;
2. The Secretary of Public Safety, or designee;
3. The President Pro Temp ore of the Senate, or designee;
4. The Speaker of the House of Representatives, or designee;
and
5. The Lieutenant Governor, or designee.
B. The Governor shall serve as Chair of the Board. The
Governor shall call the first meeting of the Board no later than
October 1, 2022. The Secreta ry of Public Safety shall serve as vice
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chair of the Board. A quorum of members shall be necessary to
conduct any official business.
C. Board meetings shall be hosted by the Governor.
D. The Board shall appoint the Commissioner of the Oklahoma
Department of Public Safety no later than January 1, 2023.
E. The Governor shall preside at all meetings of the Board and
shall have the power to call meetings of the Board. In addition,
meetings of the Board m ay be called by a majority of the members.
SECTION 4. NEW LAW A new section of law to be codifi ed
in the Oklahoma Statutes as Section 910 3 of Title 74, unless there
is created a duplication in numbering, reads as follows:
The Board shall have the following powers and duties:
1. To appoint or dismiss the Commissioner of the Oklahoma
Department of Public Safety;
2. Determine the compensation of the Com missioner; and
3. To hear and investigate any complaint against the
Commissioner.
SECTION 5. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 910 4 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Effective July 1, 2023, the Commissioner of the Oklahoma
Department of Public Safety shall merge the fol lowing agencies into
the Oklahoma Department of Public Safety as divisions of the
Department, each maintaining its unique statutory mission:
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1. The Oklahoma Highway Patrol Division;
2. The Oklahoma State Bureau of Investigation Division; and
3. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control Division.
B. The Commissioner of the Oklahoma Department of Public Safety
shall be the chief administrator of the Department. The
Commissioner shall have the authority to delegate duties and
responsibilities to the respective division chiefs.
C. No later than July 1, 2023, the Commissioner of the Oklahoma
Department of Public Safety shall have the authority to affirm the
current Commissioner of the Department of Public Safety, Chief of
the Oklahoma Highway Patrol Division, Director of the Oklahoma State
Bureau of Investigations, and the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control as the Chief of his
or her respective division and to appoint a Chief of a respectiv e
division if the current position is vacant.
D. Notwithstanding any other provision of law, the Commissioner
of the Oklahoma Department of Public Safety shall have authority to
budget and expend the operating funds of the agency.
E. Notwithstanding any other provision of law, the Commissioner
of the Oklahoma Department of Public Safety shall have the authority
to administer all funds appropriated for the fiscal year ending on
June 30, 2023, for the operation of the Oklahoma State Bureau of
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Investigations, Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, and the Department of Public Safety.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 910 5 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Commissioner of the Oklahoma Department of Public Safety
shall have the following powers, duties, and responsibilities:
1. Formulate and implement a unified law enforcement and public
safety strategy for activities of the Department with annual and
long-term measurable goals and objectives to achieve greater public
safety, which shall be published on the Oklahoma Department of
Public Safety website;
2. Appoint or confirm division chiefs of the respective
divisions of the Department who shall serve at the pleasu re of the
Commissioner;
3. Appoint any other staff that may be necessary and proper for
the administration of the Department who shall serve at the pleasure
of the Commissioner;
4. Administer the activities of the Department and all
divisions under contr ol of the Department and act for the Department
in all matter including budgetary matters and expenditures of the
divisions, except as may be otherwise provided in this act;
5. Prepare proposed rules and regulations considered necessary
for the operation of the Oklahoma Department of Public Safety;
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6. Enter into contracts with public agencies, institutions of
higher education, and private organizations or individuals for the
purpose of conducting research, demonstrations, or special projects
which bear directly on the operation of the Department or the
reduction of crime;
7. Enter into contracts for education and research activit ies
without performance bonds;
8. Create, modify, merge, or reo rganize any of the divisions or
units within the Oklahoma Depart ment of Public Safety as the
Commissioner may deem appropriate, consistent with this act, to
effectively administer a unified la w enforcement system in this
state;
9. Commission employees as peace officers of the Oklahoma
Department of Public Safety;
10. Investigate any complaint against the Department or any of
its employees;
11. Be directly responsible for all monies appropria ted for and
deposited to the credit of the Department and each d ivision under
its control and approve all claims and payments, o r delegate
responsibility as provided for in Section 34.68 of Title 62 of the
Oklahoma Statutes;
12. Accept gifts, bequests, de vices, contributions, and grants,
public or private, including f ederal funds or funds from any other
source for use in furtherin g the purpose of the Department;
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13. Purchase, lease, and maintain motor vehicles and other
equipment and properties for use by employees of the Department;
14. Purchase or lease and equip m otor vehicles for the use of
the Governor and Lieutenant Governo r;
15. Authorize the use of a state -owned motor vehicle as
authorized in Section 156.1 of Title 47 of the Oklahoma Statutes;
16. Transfer assets within the Oklahoma Department of Public
Safety as may be necessary and proper for the operation of the
Department;
17. Maintain records of all proceedings and official orders;
and
18. No later than July 1, 2023, all employees of the Oklahoma
Department of Public Safety shall be under the authority of the
Commissioner and shall be exempt from the Office of Management and
Enterprise Services (OMES) governance.
B. After appointment and before entering upon the discharge of
duties, the Commissioner shall take and subscribe to the oath of
office required by the Cons titution. Bonding of the Commissione r
and other employees of the Department shall be provided under the
provisions of Section 85.58Q of Title 74 of the Oklahoma Statutes.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 910 6 of Title 74, unless there
is created a duplication in n umbering, reads as follows:
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A. The Oklahoma Department of Public Safety shall establish and
maintain a Public Integrity Division. The Commissioner of the
Department of Public Safety shall appoint the Chief of the Public
Integrity Division, who shall repo rt directly to the Commissioner.
B. The Public Integrity Division is authorized to and shall be
responsible for investigating any elected or appointed state,
county, or political subdivision officer or employee when there is
sufficient basis to suspect bri bery, corruption, forgery , or perjury
or any other crime related to his or her duties or related to
campaign contributions or campaign financing for that or any oth er
office.
C. The offices, records, co mmunications, information
technology, equipment, evide nce, and any other resources of the
Public Integrity Division shall be located and maintained separately
from that of the other divisions within the Department.
D. The investigators assigned to the Pub lic Integrity Division
shall maintain the confidential ity of the investigative activities
of the Division during and after their service in the Division.
E. The Department shall fund the budget of the Public Integrit y
Division to ensure that the Division has re sources to carry out its
primary mission.
F. The Department shall take all necessary and appropriate
steps to ensure the confidentiality and integrity of all
investigative activity of the Division. The Departm ent shall timely
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and thoroughly investigate a pparent or suspected information leaks
to determine the source and take appropriate disciplinary or
corrective action if the source is determined to be an employee or
relation to an employee of the Division.
G. Investigators assigned to the Division shall possess
education, training, and experience suite d to the nature of public
corruption investigations.
H. Upon establishment of the Division and the appointment of a
division Chief, he or she shall work with th e Federal Bureau of
Investigation and the United States attorneys in Oklahoma to
establish and maintain a Public Integrity Joint Task Force.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9107 of Title 74, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Department of Public Safety to be designated the
"Oklahoma Department of Public Safety R evolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of any monies received from the sale of surplus
and confiscated property, fees, and receipts collected pursuant to
the Oklahoma Open Records Act , gifts, bequests, devises,
contributions, or grants, public or private, including federal funds
unless otherwise provided for by federal law or regulation,
reimbursements, refunds, fees, and receipts from any other source.
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All monies, and other money as provided by law, accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Department of Public Safety for general
operations of the Department. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against clams filed
as prescribed by law with the Director of the Office of Management
and Enterprise Services for approval and payment.
SECTION 9. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 910 8 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Department of Public Safety shall establish and
maintain a Mental Wellness Division to provide mental wellness
services and programs to public safety personnel to promote good
mental wellness. The Commissioner shall appoint the Chief of the
Mental Wellness Division.
B. The Chief of the Mental Wellness shall report to the
Commissioner. All current and former employees of the Mental
Wellness Division shall maintain the privacy of all public safety
personnel served by the Division or who participate in its programs.
No privileged personal health information shall ever be shared with
the Commissioner or made public without the consent of that person.
However, aggregate mental he alth information may be shared with the
Commissioner. Aggregate mental health information may be public by
the Commissioner if, in the judgment of the Commissioner, doing so
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could improve public safety mental wellness policies for public
safety personnel and is made public for this sole purpose.
Provided, no aggregate mental health information may be shared or
made public if doing so could reveal otherwise privileged personal
mental health information about an y specific individual. It shall
be the duty of the Chief of the Division to establish the necessary
policies and procedures to ensure the privacy and con fidentiality
requirements of this section and of all other applicable health
privacy laws. Any breach of the privacy provisions of this section
and of any other applicable health privacy laws must be timely and
thoroughly investigated and the appropriate disciplinary and
corrective actions taken.
C. The Mental Wellness Division is authorized to enter int o
partnerships with private entities to fulfil l its mandate.
D. The offices, records, communications, information
technology, equipment , and any other resources of the Mental
Wellness Division shall be located and maintained separately from
that of the other divisions within the Department.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 910 9 of Title 74, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Department of Public Safety on behalf of the Mental
Wellness Division of the Oklahoma Department of Public Safety to be
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designated the "Mental Wellness Division Revolving Fund ". The fund
shall be a continuing fund, not subject to fiscal y ear limitations,
and shall consist of those monies appropriated to the fund by law or
deposited in the fund as provided pursuant to the provisions of
Section 11 of this act. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Mental Wellness Division for the purpose of providing mental
wellness services and programs to public safety personnel.
Expenditures from the fund shall be made upon warrants issu ed 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.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 91 10 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby authorized the establishment of a not -for-
profit foundation to raise funds for the Mental Wellness Division
Revolving Fund, created in Section 10 of this act, and the
achievement of the goals of this act.
B. The foundation created pursuant to this section may receive
funds from any public or private source to carry out the purposes of
this act including, but not limit ed to, gifts or grants from any
department, agency, or instrumentality of the United States or of
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this state for any purpose consistent with the provisions of this
act.
C. Upon proper incorporation, the foundation shall secure tax -
exempt status under the appropriate provision of Section 501(c)of
the Internal Revenue Code, 26 U.S.C., Section 501(c).
D. Any member of the foundation who may have a financial
interest in an action under consideration by the foundation shall
abstain from voting on such matter.
SECTION 12. This act shall become effecti ve in accordance with
the provisions of Section 58 of Article V of the Oklahoma
Constitution.
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