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SENATE FLOOR VERSION
March 2, 2022
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1612 By: David of the Senate
and
Echols of the House
[ law enforcement unification - Oklahoma Department
of Public Safety Unification Act of 2022 -
Commissioner of the Oklahoma Department of Public
Safety - Oklahoma Board of Public Safety - Public
Integrity Joint Task Force - Oklahoma Department of
Public Safety Revolving Fund - creation and
maintenance of a Mental Wellness Division -
noncodification - codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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
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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
3 of this act, shall appo int a Commissioner for the Oklahoma
Department of Public Safety. Compensation for the Commissioner
shall be determined by the Board. Qualifications for the
Commissioner shall include:
1. A bachelor’s degree;
2. A minimum of five (5) ye ars of demonstrated, successful
leadership experience;
3. Relevant experience in law enforcement, public safety, or
related field; and
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4. A person of character, reputation, knowledge, and
understanding of the emerging trends facing front -line public safety
personnel, skills, integrity, 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 eleven (11) members as follows:
1. Two members who shall be lay me mbers, who have a law
enforcement background, appointed by the Governor ;
2. The Secretary of Public Safety, or designee;
3. One member, who shall be a lay member who has a law
enforcement background, appointed by t he President Pro Temp ore of
the Senate;
4. One member, who shall be a lay member who has a law
enforcement background, appointed b y the Speaker of the House of
Representatives;
5. The Attorney General, or designee;
6. One member who shall be a current ly elected district
attorney, appointed by the Governor;
7. One member, who shall be a sheriff of a county with a
population of twenty-five thousand (25,000) or more, as determined
by the latest Federal Dec ennial Census, appointed by the Board of
Directors of the Oklahoma Sheriff s’ Association;
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8. One member, who shall be a sheriff of a county with a
population under twenty-five thousand (25,000), as determined by the
latest Federal Decennial Census, appointed by the Board of Directors
of the Oklahoma Sheriffs’ Association;
9. One member, who shall be a chief of police repr esenting a
municipality with a population over one hundred thousand (100,000),
as determined by the latest Federal Dec ennial Census, appointed by
the Board of Directors of the Oklahoma Association of Chiefs of
Police; and
10. One member, who shall be a chief of police repr esenting a
municipality with a population under one hundred thousand (100,000),
as determined by the latest Federal Dec ennial Census, appointed by
the Board of Directors of the Oklahoma Association of Chiefs of
Police.
B. The Secretary of Public Safety shall serve as chair of the
Board. The Secretary of Public Safety shall call the first meeting
of the Board no later than October 1, 2022. A quorum of members
shall be necessary to conduct any official business.
C. Board meetings shall be hosted by the Secretary of Public
Safety.
D. The Board shall appoint the Commissioner of the Oklahoma
Department of Public Safety no later than January 1, 2023.
E. The Secretary of Public Safety shall preside at all meetings
of the Board and shall have the power to call meetings of the Board.
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In addition, meetings of the Board may 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. To 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 Co mmissioner 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:
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 Departme nt. The
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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 respective
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
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 9105 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:
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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 Dep artment 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 matters 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;
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 resear ch activities
without performance bonds;
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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 law 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 appropriated 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, be quests, devices, contributions, and grants,
public or private including federal funds or funds from any other
source for use in furtherin g the purpose of the Department;
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 St atutes;
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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 employee s 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 Statut es.
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:
A. The Oklahoma Department of Public Safety shal l establish and
maintain a Public Integrity Division. The Commissioner of the
Oklahoma 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 authori zed to and shall be
responsible for investigating any elected or appointed state,
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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 h er 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 loca ted 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 c onfidentiality and integrity of all
investigative activity of the Division. The Departm ent shall timely
and thoroughly investigate a pparent or suspected information leaks
to determine the source and take appropriate disciplinary or
corrective action if th e source is determined to be an employee or
relation to an employee of the Division.
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G. Investigators assigned to the Division shall possess
education, training, and experience suite d to the nature of public
corruption investigations.
H. Upon establishme nt 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.
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
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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 Director of the
Mental Wellness Division.
B. The Director of the Mental Wellness Division 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 made
public by the Commissioner if, in the judgment of the Commissio ner,
doing so 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 privi leged personal
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mental health information about an y specific individual. It shall
be the duty of the Director of the Division to establish the
necessary policies and procedures to ensure the privacy and
confidentiality requirements of this section and of a ll 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 l ocated 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 9109 of Title 74, unless there
is created a duplicat ion 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 D epartment of Public Safety to be
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
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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 estab lishment of a not-for-
profit foundation to raise fund s 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 pur poses of
this act including, but not limit ed to, gifts or grants from any
department, agency, or instrumentality of the United States or of
this state for any purpose consistent with the provisions of th is
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).
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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.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 2, 2022 - DO PASS AS AMENDED