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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1612 By: David of the Senate
and
Echols of the House
COMMITTEE SUBSTITUTE
[ law enforcement unification - Oklahoma Department
of Public Safety Unification, Recruitment, and
Retention Act of 2022 - Commissioner of the
Oklahoma Department of Public Safety - Oklahoma
Board of Public Safety - Oklahoma Department of
Public Safety Revolving Fund - creation and
maintenance of a Mental Wellness Division -
effective date ]
BE IT ENACTED BY THE PEO PLE 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:
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This act shall be known and may be cited as the "Oklahoma
Department of Public Safety Unification, Recruitment, and Retention
Act of 2022".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9101 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Upon the effective date of this act, there is hereby created
the Oklahoma Department of Public Safety. The Oklahoma Department
of Public Safety shall i nclude 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 nonlaw enforcement
division of the current D epartment of Public Safety;
2. Training and Recruitment; and
3. Licensing.
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 numbering, reads as follows:
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A. There is hereby created the Oklahoma Board of Public Safety.
The Board shall be comprised of nine (9) members as follows:
1. Three members, who shall be lay members, who have a law
enforcement background, appointed by the Governor;
2. One member, who shall be a lay member who has a law
enforcement background, appointed by the Lieutenant Governor;
3. One member, who shall be a district attorney, duly elected
by the citizens of this state , appointed by the Attorney General;
4. 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 Decennial Census, appointed by the Board of
Directors of the Oklahoma Sheriff s' Association;
5. 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;
6. One member, who shall be a chief of police representing a
municipality with a population over one hundred thousand (100,000),
as determined by the latest Federal Decennial Census, appointed by
the Board of Directors of the Oklahoma Association of Chiefs of
Police; and
7. One member, who shall be a chief of police representing a
municipality with a population under one hundred thousand (100,000),
as determined by the latest Federal Decennial Census, appointed by
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the Board of Directors of the Oklahoma Association of Chiefs of
Police.
B. 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 officia l business. At the
first meeting of the Board, the m embers shall elect a chair from its
membership to serve for a term o f one (1) year. No member of the
Board shall be elected to consec utive terms.
C. Board meetings shall be hosted by the Secretary of Public
Safety.
D. The Chair of the Board 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 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 91 03 of Title 74, unless there
is created a duplication in numbering, reads as follows:
The Oklahoma Board of Public Safety shall have the following
powers, duties, and responsibilities :
1. To formulate and implement a unified law enforcement and
public safety strate gy 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 website of the
Oklahoma Department of Public Safety;
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2. To appoint or confirm division chiefs of the respective
divisions of the Department who shall serve at the pleasure of the
Commissioner;
3. To appoint any other staff that may be necessary and proper
for the administration of the Department who shall serve at the
pleasure of the Board;
4. To delegate duties and resp onsibilities to the chiefs of the
divisions within the Department ;
5. To prepare proposed rules and regulations considered
necessary for the operation of the Department;
6. To 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 Departme nt or
the reduction of crime;
7. To enter into contracts for education and research
activities without performance bonds;
8. To commission employees as peace officers of the Oklahoma
Department of Public Safety;
9. To investigate any complaint against the Department or any
of its employees for actions directly related to their official
duties;
10. To be directly responsible for all monies appropriated for
and deposited to the credit of the Department and each division
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under its control and approve all claims and payments, o r delegate
responsibility as provided f or in Section 34.68 of Title 62 of the
Oklahoma Statutes;
11. To accept gifts, bequests, 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;
12. To purchase, lease, and maintain motor vehicles and other
equipment and properties for use by employees of the Department;
13. To purchase or lease and equip motor vehicles for the use
of the Governor and Lieutenant Governo r;
14. To authorize the use of a state-owned motor vehicle as
authorized in Section 156.1 of Titl e 47 of the Oklahoma Statutes;
15. To transfer assets within the Department as may be
necessary and proper for the operation of the Depar tment; and
16. To maintain records of all proceedings and official orders.
SECTION 5. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statute s as Section 9104 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Effective July 1, 2023, the Oklahoma Board of Public Safety
shall merge the following 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; and
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3. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control.
B. No later than July 1, 2023, the Board shall have the
authority to affirm the current Chief of the Oklahoma Highway Patrol
Division, Director of the Okla homa State Bureau of Investigation,
and the Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control as chiefs of their respective divisions and
to appoint a chief of a respective division if the current position
is vacant.
C. The Board shall have authority to budget and expend the
operating funds of the agency.
D. The Board 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 Inve stigation, 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. No later than Jul y 1, 2023, all employees of the Oklahoma
Department of Public Safety shall be under the authority of the
Oklahoma Board of Public Safety.
B. Should an emergency be proclaimed by the Governor due to the
existence of a natural or manmade di saster, the Governor shall have
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and may exercise operation al authority over the Oklahoma Highway
Patrol Division of the Oklahoma Department of Public Safety.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9106 of Title 74, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolv ing fund
for the Oklahoma Department of Public Safety to be designated the
"Oklahoma Department of Public Safety Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of any monies received from th e 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 provi ded for by federal law o r 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 Publ ic Safety for general
operations of the Department. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against cla ims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for ap proval and payment.
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SECTION 8. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 9107 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Department of Pu blic Safety shall establish and
maintain a Mental Wellness Division to provide mental wellnes s
services and programs to public safety personnel to promote good
mental wellness. The Oklahoma Board of Public Safety shall appoint
the Director of the Mental Wellness Division.
B. The Director of the Mental Wellness Division shall report to
the Board. 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 p rograms. No
privileged personal health information shall ever be shared with the
Board or made public without the consent of that person. How ever,
aggregate mental health information may be shared with the Board.
Aggregate mental health in formation may be made public by the Board
if, in the judgment of the Board, doing so could improve public
safety mental wellness policies for public safety p ersonnel 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
any specific individual. It shall be t he duty of the Director of
the Division to establish the nece ssary policies and proce dures to
ensure the privacy and confidentiality requirements of this section
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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 thoroughl y investigated and
the appropriate disciplinary and corrective actions taken.
C. The Mental Wellness Division is authorized to enter int o
partnerships with public and private entities to fulfill its
mandate.
D. The offices, records, communications, infor mation
technology, equipment, and any other resources of the Mental
Wellness Division shall b e located and maintained separately from
that of the other divisions within th e Department.
SECTION 9. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 9108 of Title 74, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Tr easury 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
designated the "Mental Wellness Division Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of those monies appropriat ed to the fund by law or
deposited in the fund as provided pursuant to the provisions of
Section 10 of this act. All monies accruing to the cre dit of the
fund are hereby appropriated and may be budgeted and expended by the
Mental Wellness Division for the purpose of providing mental
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wellness services and programs to public safety personnel.
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 Manag ement and Enterprise Services for
approval and payment.
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 duplication in numbering, reads as follow s:
A. There is hereby authorized the establishment of a not-for-
profit foundation to raise f unds for the Mental Wellness Division
Revolving Fund, created in Section 9 of this act, and the
achievement of the goals of this act.
B. The foundation created pu rsuant to this section may receive
funds from any public or private source to carry out the p urposes 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 pu rpose consistent with the provisions of this
act.
C. Upon proper incorporation, the foundati on shall secure tax-
exempt status under the appropriate provision of Section 5 01(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 foundati on shall
abstain from voting on such matter.
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SECTION 11. This act shall become effective in accordance with
the provisions of Section 58 of Article V of the Oklahoma
Constitution.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/12/2022 -
DO PASS, As Amended.