OK
Oklahoma Senate Bill SB1612

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1612 Compare Versions

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3-ENGR. H. A. to ENGR. S. B. NO. 1612 Page 1 1
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28-ENGROSSED HOUSE AMENDME NT
29- TO
30-ENGROSSED SENATE BILL NO . 1612 By: David of the Senate
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+2nd Session of the 58th Legislature (2022)
34+
35+COMMITTEE SUBSTITUTE
36+FOR ENGROSSED
37+SENATE BILL NO. 1612 By: David of the Senate
3138
3239 and
3340
3441 Echols of the House
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3643
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3845
3946
47+COMMITTEE SUBSTITUTE
48+
4049 [ law enforcement unification - Oklahoma Department
41-of Public Safety Unification, Recruitment, and
42-Retention Act of 2022 - Commissioner of the Oklahoma
43-Department of Public Safety - Oklahoma Board of
44-Public Safety - Oklahoma Department of Public Safety
45-Revolving Fund - creation and maintenance o f a Mental
46-Wellness Division - noncodification - codification -
47-effective date ]
48-
49-
50-AMENDMENT NO. 1. Strike the stricken title, enacting clause, and
51-entire bill and insert:
52-
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54-
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56-"[ law enforcement unification - Oklahoma Department
5750 of Public Safety Unification, Recruitment, and
5851 Retention Act of 2022 - Commissioner of the
5952 Oklahoma Department of Public Safety - Oklahoma
6053 Board of Public Safety - Oklahoma Department of
6154 Public Safety Revolving Fund - creation and
6255 maintenance of a Mental Wellness Division -
6356 effective date ]
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68-ENGR. H. A. to ENGR. S. B. NO. 1612 Page 2 1
61+BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
62+SECTION 1. NEW LAW A new section of law not to be
63+codified in the Oklahoma Statutes reads as follows:
64+
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93-BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
94-SECTION 1. NEW LAW A new section of law not to be
95-codified in the Oklahoma Statutes reads as follows:
9691 This act shall be known and may be cited as the "Oklahoma
9792 Department of Public Safety Unification, Recruitment, and Retention
9893 Act of 2022".
9994 SECTION 2. NEW LAW A new section of law to be codified
10095 in the Oklahoma Statutes as Section 9101 of Title 74, unless there
10196 is created a duplication in numbering, reads as follows:
10297 A. Upon the effective date of this act, there is hereby created
10398 the Oklahoma Department of Public Safety. The Oklahoma Department
10499 of Public Safety shall i nclude the following law enforcement
105100 departments and agencies:
106101 1. The Oklahoma Highway Patrol Division;
107102 2. The Oklahoma State Bureau of Investigation; and
108103 3. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
109104 Control.
110105 B. The Oklahoma Department of Public Safety may include, but
111106 shall not be limited to, the following divisions :
112-1. Administration, to be comprised of the non-law-enforcement
107+1. Administration, to be comprised of the nonlaw enforcement
113108 division of the current D epartment of Public Safety;
114109 2. Training and Recruitment; and
115110 3. Licensing.
111+SECTION 3. NEW LAW A new section of law to be codified
112+in the Oklahoma Statutes as Section 910 2 of Title 74, unless there
113+is created a duplication in numbering, reads as follows:
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142-SECTION 3. NEW LAW A new section of law to be codified
143-in the Oklahoma Statutes as Section 910 2 of Title 74, unless there
144-is created a duplication in numbering, reads as follows:
145141 A. There is hereby created the Oklahoma Board of Public Safety.
146142 The Board shall be comprised of nine (9) members as follows:
147-1. Three members, who shall be lay members who have a law
143+1. Three members, who shall be lay members, who have a law
148144 enforcement background, appointed by the Governor;
149145 2. One member, who shall be a lay member who has a law
150146 enforcement background, appointed by the Lieutenant Governor;
151147 3. One member, who shall be a district attorney, duly elected
152148 by the citizens of this state , appointed by the Attorney General;
153149 4. One member, who shall be a sheriff of a county with a
154150 population of twenty-five thousand (25,000) or more, as determined
155151 by the latest Federal Decennial Census, appointed by the Board of
156152 Directors of the Oklahoma Sheriff s' Association;
157153 5. One member, who shall be a sheriff of a county with a
158154 population under twenty-five thousand (25,000), as determined by the
159155 latest Federal Decennial Census, appointed by the Board of Directors
160156 of the Oklahoma Sheriffs' Association;
161157 6. One member, who shall be a chief of police representing a
162158 municipality with a population over one hundred thousand (100,000),
163159 as determined by the latest Federal Decennial Census, appointed by
164160 the Board of Directors of the Oklahoma Association of Chiefs of
165161 Police; and
162+7. One member, who shall be a chief of police representing a
163+municipality with a population under one hundred thousand (100,000),
164+as determined by the latest Federal Decennial Census, appointed by
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192-7. One member, who shall be a chief of police representing a
193-municipality with a population under one hundred thousand (100,000),
194-as determined by the latest Federal Decennial Census, appointed by
195192 the Board of Directors of the Oklahoma Association of Chiefs of
196193 Police.
197-B. The Secretary of Public Safety shall call the first meeting
198-of the Board no later than October 1, 2022. A quorum of members
199-shall be necessary to conduct any officia l business. At the first
200-meeting of the Board, the m embers shall elect a chair from its
194+B. The Secretary of Public Safety shall call the first
195+meeting of the Board no later than October 1, 2022. A quorum of
196+members shall be necessary to conduct any officia l business. At the
197+first meeting of the Board, the m embers shall elect a chair from its
201198 membership to serve for a term o f one (1) year. No member of the
202199 Board shall be elected to consec utive terms.
203200 C. Board meetings shall be hosted by the Secretary of Public
204201 Safety.
205202 D. The Chair of the Board shall preside at all meetings of the
206203 Board and shall have the power to call meetings of the Board. In
207204 addition, meetings of the Board may be called by a majority of the
208205 members.
209206 SECTION 4. NEW LAW A new section of law to be codifi ed
210207 in the Oklahoma Statutes as Section 91 03 of Title 74, unless there
211208 is created a duplication in numbering, reads as follows:
212209 The Oklahoma Board of Public Safety shall have the following
213210 powers, duties, and responsibilities :
214211 1. To formulate and implement a unified law enforcement and
215212 public safety strate gy for activities of the Department with annual
213+and long-term measurable goals and objectives to achieve greater
214+public safety, which shall be published on the website of the
215+Oklahoma Department of Public Safety;
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242-and long-term measurable goals and objectives to achieve greater
243-public safety, which shall be published on the website of the
244-Oklahoma Department of Public Safety;
245243 2. To appoint or confirm division chiefs of the respective
246244 divisions of the Department who shall serve at the pleasure of the
247245 Commissioner;
248246 3. To appoint any other staff that may be necessary and proper
249-for the administration of the Department, who shall serve at the
247+for the administration of the Department who shall serve at the
250248 pleasure of the Board;
251249 4. To delegate duties and resp onsibilities to the chiefs of the
252250 divisions within the Department ;
253251 5. To prepare proposed rules and regulations considered
254252 necessary for the operation of the Department;
255253 6. To enter into contracts with public agencies, institutions
256254 of higher education, and private organizations or individuals for
257255 the purpose of conducting research, demonstrations, or special
258256 projects which bear directly on the operation of the Departme nt or
259257 the reduction of crime;
260258 7. To enter into contracts for education and research
261259 activities without performance bonds;
262260 8. To commission employees as peace officers of the Oklahoma
263261 Department of Public Safety;
262+9. To investigate any complaint against the Department or any
263+of its employees for actions directly related to their official
264+duties;
265+10. To be directly responsible for all monies appropriated for
266+and deposited to the credit of the Department and each division
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290-9. To investigate any complaint against the Department or any
291-of its employees for actions directly relate d to their official
292-duties;
293-10. To be directly responsible for all monies appropriated for
294-and deposited to the credit of the Department and each division
295294 under its control and approve all claims and payments, o r delegate
296295 responsibility as provided f or in Section 34.68 of Title 62 of the
297296 Oklahoma Statutes;
298297 11. To accept gifts, bequests, devices, contributions, and
299-grants, public or private, including federal funds or funds from any
300-other source, for use in furtherin g the purpose of the Department;
298+grants, public or private including federal funds or funds from any
299+other source for use in furtherin g the purpose of the Department;
301300 12. To purchase, lease, and maintain motor vehicles and other
302301 equipment and properties for use by employees of the Department;
303302 13. To purchase or lease and equip motor vehicles for the use
304303 of the Governor and Lieutenant Governo r;
305304 14. To authorize the use of a state-owned motor vehicle as
306305 authorized in Section 156.1 of Titl e 47 of the Oklahoma Statutes;
307306 15. To transfer assets within the Department as may be
308307 necessary and proper for the operation of the Depar tment; and
309308 16. To maintain records of all proceedings and official orders.
310309 SECTION 5. NEW LAW A new sectio n of law to be codified
311310 in the Oklahoma Statute s as Section 9104 of Title 74, unless there
312311 is created a duplication in numbering, reads as follows:
312+A. Effective July 1, 2023, the Oklahoma Board of Public Safety
313+shall merge the following agencies into the Oklahoma Department of
314+Public Safety as divisions of the Department, each maintaining its
315+unique statutory mission:
316+1. The Oklahoma Highway Patrol Division;
317+2. The Oklahoma State Bureau of Investigation; and
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339-A. Effective July 1, 2023, the Oklahoma Board of Public Safety
340-shall merge the following agencies into the Oklahoma Department of
341-Public Safety as divisions of the Department, each maintaining its
342-unique statutory mission:
343-1. The Oklahoma Highway Patrol Division;
344-2. The Oklahoma State Bureau of Investigation; and
345345 3. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
346346 Control.
347347 B. No later than July 1, 2023, the Board shall have the
348348 authority to affirm the current Chief of the Oklahoma Highway Patrol
349349 Division, Director of the Okla homa State Bureau of Investigation,
350350 and the Director of the Oklahoma State Bureau of Narcotics and
351351 Dangerous Drugs Control as chiefs of their respective divisions and
352352 to appoint a chief of a respective division if the current position
353353 is vacant.
354354 C. The Board shall have authority to budget and expend the
355355 operating funds of the agency.
356356 D. The Board shall have the authority to administer all funds
357357 appropriated for the fiscal year ending on June 30, 2023, for the
358358 operation of the Oklahoma State Bureau of Inve stigation, Oklahoma
359359 State Bureau of Narcotics and Dangerous Drugs Control , and the
360360 Department of Public Safety.
361+SECTION 6. NEW LAW A new section of law to be codified
362+in the Oklahoma Statutes as Section 9105 of Title 74, unless there
363+is created a duplication in numbering, reads as follows:
364+A. No later than Jul y 1, 2023, all employees of the Oklahoma
365+Department of Public Safety shall be under the authority of the
366+Oklahoma Board of Public Safety.
367+B. Should an emergency be proclaimed by the Governor due to the
368+existence of a natural or manmade di saster, the Governor shall have
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387-SECTION 6. NEW LAW A new section of law to be codified
388-in the Oklahoma Statutes as Section 9105 of Title 74, unless there
389-is created a duplication in numbering, reads as follows:
390-A. No later than Jul y 1, 2023, all employees of the Oklahoma
391-Department of Public Safety shall be under the authority of the
392-Oklahoma Board of Public Safety.
393-B. Should an emergency be proclaim ed by the Governor due to the
394-existence of a natural or manmade di saster, the Governor shall have
395396 and may exercise operation al authority over the Oklahoma Highway
396397 Patrol Division of the Oklahoma Department of Public Safety.
397398 SECTION 7. NEW LAW A new section of law to be codified
398399 in the Oklahoma Statutes as Section 9106 of Title 74, unless there
399400 is created a duplication in numbering, reads as follows:
400401 There is hereby created in the State Treasury a revolv ing fund
401402 for the Oklahoma Department of Public Safety to be designated the
402403 "Oklahoma Department of Public Safety Revolving Fund". The fund
403404 shall be a continuing fund, not subject to fiscal year limitations,
404405 and shall consist of any monies received from th e sale of surplus
405-and confiscated property, fees and receipts collected pursuant to
406+and confiscated property, fees, and receipts collected pursuant to
406407 the Oklahoma Open Records Act, gifts, bequests, devises,
407-contributions, or grants, public or private, including federal funds
408+contributions, or grants, public or private including federal funds
408409 unless otherwise provi ded for by federal law o r regulation,
409410 reimbursements, refunds, fees, and receipts from any other source.
410411 All monies, and other money as provided by law, accruing to the
412+credit of the fund are hereby appropriated and may be budgeted and
413+expended by the Oklahoma Department of Publ ic Safety for general
414+operations of the Department. Expenditures from the fund shall be
415+made upon warrants issued by the State Treasurer against cla ims
416+filed as prescribed by law with the Director of the Office of
417+Management and Enterprise Services for ap proval and payment.
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437-credit of the fund are hereby appropriated and may be budgeted and
438-expended by the Oklahoma Department of Publ ic Safety for general
439-operations of the Department. Expenditures from the fund shall be
440-made upon warrants issued by the State Treasurer against cla ims
441-filed as prescribed by law with the Director of the Office of
442-Management and Enterprise Services for ap proval and payment.
443445 SECTION 8. NEW LAW A new section of law to be cod ified
444446 in the Oklahoma Statutes as Section 9107 of Title 74, unless there
445447 is created a duplication in numbering, reads as follows:
446448 A. The Oklahoma Department of Pu blic Safety shall establish and
447449 maintain a Mental Wellness Division to provide mental wellnes s
448450 services and programs to public safety personnel to promote good
449451 mental wellness. The Oklahoma Board of Public Safety shall appoint
450452 the Director of the Mental Wellness Division.
451453 B. The Director of the Mental Wellness Division shall report to
452454 the Board. All current and former employees of the Mental Wellness
453455 Division shall maintain the privacy of all public safety personnel
454456 served by the Division or who participate in its p rograms. No
455457 privileged personal health information shall ever be shared with the
456458 Board or made public without the consent of that person. How ever,
457459 aggregate mental health information may be shared with the Board.
458460 Aggregate mental health in formation may be made public by the Board
459461 if, in the judgment of the Board, doing so could improve public
460462 safety mental wellness policies for public safety p ersonnel and is
463+made public for this sole purpose. Provided, no aggregate mental
464+health information may be shared or made public if doing so could
465+reveal otherwise privileged personal mental health information about
466+any specific individual. It shall be t he duty of the Director of
467+the Division to establish the nece ssary policies and proce dures to
468+ensure the privacy and confidentiality requirements of this section
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487-made public for this sole purpose. Provided, no aggregate mental
488-health information may be shared or made public if doing so could
489-reveal otherwise privileged personal mental health information about
490-any specific individual. It shall be t he duty of the Director of
491-the Division to establish the nece ssary policies and proce dures to
492-ensure the privacy and confidentiality requirements of this section
493496 and of all other applicable health privacy laws. Any breach of the
494497 privacy provisions of this section and of any other applicable
495498 health privacy laws must be timely and thoroughl y investigated and
496499 the appropriate disciplinary and corrective actions taken.
497500 C. The Mental Wellness Division is authorized to enter int o
498501 partnerships with public and private entities to fulfill its
499502 mandate.
500503 D. The offices, records, communications, infor mation
501504 technology, equipment, and any other resources of the Mental
502505 Wellness Division shall b e located and maintained separately from
503506 that of the other divisions within th e Department.
504507 SECTION 9. NEW LAW A new section of law to be c odified
505508 in the Oklahoma Statutes as Section 9108 of Title 74, unless there
506509 is created a duplication in numbering, reads as follows:
507510 There is hereby created in the State Tr easury a revolving fund
508511 for the Oklahoma Department of Public Safety on behalf of the Mental
509512 Wellness Division of the Oklahoma Department of Public Safety to be
510513 designated the "Mental Wellness Division Revolving Fund". The fund
514+shall be a continuing fund, not subject to fiscal year limitations,
515+and shall consist of those monies appropriat ed to the fund by law or
516+deposited in the fund as provided pursuant to the provisions of
517+Section 10 of this act. All monies accruing to the cre dit of the
518+fund are hereby appropriated and may be budgeted and expended by the
519+Mental Wellness Division for the purpose of providing mental
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537-shall be a continuing fund, not subject to fiscal year limitations,
538-and shall consist of those monies appropriat ed to the fund by law or
539-deposited in the fund as provided pursuant to the provisions of
540-Section 10 of this act. All monies accruing to the cre dit of the
541-fund are hereby appropriated and may be budgeted and expended by the
542-Mental Wellness Division for the purpose of providing mental
543547 wellness services and programs to public safety personnel.
544548 Expenditures from the fund shall be made upon warrants issued by the
545549 State Treasurer against claims filed as prescribed by law with the
546550 Director of the Office of Manag ement and Enterprise Services for
547551 approval and payment.
548552 SECTION 10. NEW LAW A new section of law to be codified
549553 in the Oklahoma Statutes as Section 9109 of Title 74, unless there
550554 is created a duplication in numbering, reads as follow s:
551555 A. There is hereby authorized the establishment of a not-for-
552556 profit foundation to raise f unds for the Mental Wellness Division
553557 Revolving Fund, created in Section 9 of this act, and the
554558 achievement of the goals of this act.
555559 B. The foundation created pu rsuant to this section may receive
556560 funds from any public or private source to carry out the p urposes of
557561 this act including, but not limit ed to, gifts or grants from any
558562 department, agency, or instrumentality of the United States or of
559563 this state for any pu rpose consistent with the provisions of this
560564 act.
565+C. Upon proper incorporation, the foundati on shall secure tax-
566+exempt status under the appropriate provision of Section 5 01(c) of
567+the Internal Revenue Code, 26 U.S.C., Section 501(c) .
568+D. Any member of the foundation who may have a financial
569+interest in an action under consideration by the foundati on shall
570+abstain from voting on such matter.
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587-C. Upon proper incorporation, the foundati on shall secure tax-
588-exempt status under the appropriate provision of Section 5 01(c) of
589-the Internal Revenue Code, 26 U.S.C., Section 501(c) .
590-D. Any member of the foundation who may have a financial
591-interest in an action under consideration by the foundati on shall
592-abstain from voting on such matter.
593598 SECTION 11. This act shall become effective in accordance with
594599 the provisions of Section 58 of Article V of the Oklahoma
595-Constitution."
596-Passed the House of Representatives the 27th day of April, 2022.
600+Constitution.
597601
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601-
602-Presiding Officer of the House of
603- Representatives
604-
605-
606-Passed the Senate the ____ day of _______ ___, 2022.
607-
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611-
612-Presiding Officer of the Senate
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640-ENGROSSED SENATE
641-BILL NO. 1612 By: David of the Senate
642-
643- and
644-
645- Echols of the House
646-
647-
648-
649-
650-[ law enforcement unificatio n - Oklahoma Department
651-of Public Safety Unification, Recruitment, and
652-Retention Act of 2022 - Commissioner of the Oklahoma
653-Department of Public Safety - Oklahoma Board of
654-Public Safety - Oklahoma Department of Public Safety
655-Revolving Fund - creation and maintenance o f a Mental
656-Wellness Division - noncodification - codification -
657-effective date ]
658-
659-
660-
661-
662-BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
663-SECTION 12. NEW LAW A new section of law not to be
664-codified in the Oklahoma Statutes reads as follo ws:
665-This act shall be known and may be cited as the “Oklahoma
666-Department of Public Safety Unification, Recruitment, and Retention
667-Act of 2022”.
668-SECTION 13. NEW LAW A new section of law to be codified
669-in the Oklahoma Statutes as Section 910 1 of Title 74, unless there
670-is created a duplication in n umbering, reads as follows:
671-A. Upon the effective date of this act, there is hereby created
672-the Oklahoma Department of Public Safety. The Oklahoma Department
673-of Public Safety shall include the following law enforcement
674-departments and agencies:
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701-1. The Oklahoma Highway Patrol Division;
702-2. The Oklahoma State Bureau of Investigation; and
703-3. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
704-Control.
705-B. The Oklahoma Department of Public Safety ma y include, but
706-shall not be limited to, the following divisions :
707-1. Administration, to be comprised of the non-law enforcement
708-division of the current Depar tment of Public Safety;
709-2. Training and Recruitment; and
710-3. Licensing.
711-C. The Oklahoma Board of Public Safety, established i n Section
712-3 of this act, shall appo int a Commissioner for the Oklahoma
713-Department of Public Safety. Compensation for the Commissioner
714-shall be determined by the Board. Qualifications for the
715-Commissioner shall include:
716-1. A bachelor’s degree;
717-2. A minimum of five (5) years of demonstrated, successful
718-leadership experience;
719-3. Relevant experience in law enforcement, public safety, or a
720-related field; and
721-4. A person of character, reputation, knowledge, and
722-understanding of the emerging trends facing front-line public safety
723-personnel, skills, integrity, ability, and training.
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750-SECTION 14. NEW LAW A new section of law to be codified
751-in the Oklahoma Statutes as Section 910 2 of Title 74, unless there
752-is created a duplication in numbering, reads as follows:
753-A. There is hereby created the Oklahoma Board of Public Safety.
754-The Board shall be comprised of eleven (11) members as follows:
755-1. Two members who shall be lay me mbers, who have a law
756-enforcement background, appointed by the Governor;
757-2. The Secretary of Public Safety, or designee;
758-3. One member, who shall be a lay member who has a law
759-enforcement background, appointed by the President Pro Temp ore of
760-the Senate;
761-4. One member, who shall be a lay member who has a law
762-enforcement background, appointed by the Speaker of the House of
763-Representatives;
764-5. The Attorney General, or designee;
765-6. One member, who shall be a currently elected district
766-attorney, appointed by the Oklahoma District Attorneys Counci l;
767-7. One member, who shall be a sheriff of a county with a
768-population of twenty-five thousand (25,000) or more, as determined
769-by the latest Federal Dec ennial Census, appointed by the Board of
770-Directors of the Oklahoma Sheriff s’ Association;
771-8. One member, who shall be a sheriff of a county with a
772-population under twenty-five thousand (25,000), as determined by the
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799-latest Federal Decennial Census, appointed by the Board of Directors
800-of the Oklahoma Sheriffs’ Association;
801-9. One member, who shall be a chief of police representing a
802-municipality with a population over one hundred thousand (100,000),
803-as determined by the latest Federal Dec ennial Census, appointed by
804-the Board of Directors of the Oklahoma Association of Chiefs of
805-Police; and
806-10. One member, who shall be a chief of police representing a
807-municipality with a population under one hundred thousand (100,000),
808-as determined by the latest Federal Dec ennial Census, appointed by
809-the Board of Directors of the Oklahoma Association of Chiefs of
810-Police.
811-B. The Secretary of Public Safety shall serve as chair of the
812-Board. The Secretary of Public Safety shall call the first meeting
813-of the Board no later than October 1, 2022. A quorum of members
814-shall be necessary to conduct any official business.
815-C. Board meetings shall be hosted b y the Secretary of Public
816-Safety.
817-D. The Board shall appoint the Commissioner of the Oklahoma
818-Department of Public Safety no later than January 1, 2023.
819-E. The Secretary of Public Safety shall preside at all meetings
820-of the Board and shall have the power to call meetings of the Board.
821-In addition, meetings of the Board may be called by a majority of
822-the members.
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849-SECTION 15. NEW LAW A new section of law to be codifi ed
850-in the Oklahoma Statutes as Section 91 03 of Title 74, unless there
851-is created a duplication in numbering, reads as follows:
852-The Board shall have the following powers and duties:
853-1. To appoint or dismiss the Commissioner of the Oklahoma
854-Department of Public Safety;
855-2. To determine the compens ation of the Commissioner; and
856-3. To hear and investigate any complaint against the
857-Commissioner.
858-SECTION 16. NEW LAW A new sectio n of law to be codified
859-in the Oklahoma Statutes as Section 910 4 of Title 74, unless there
860-is created a duplication in numbering, reads as follows:
861-A. Effective July 1, 2023, the Commissioner of the Oklahoma
862-Department of Public Safety shall merge the fol lowing agencies into
863-the Oklahoma Department of Public Safety as divisions of the
864-Department, each mai ntaining its unique statuto ry mission:
865-1. The Oklahoma Highway Patrol Division;
866-2. The Oklahoma State Bureau of Investigation Division; and
867-3. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
868-Control Division.
869-B. The Commissioner of the Oklah oma Department of Public Sa fety
870-shall be the chief administrator of the Department. The
871-Commissioner shall have the authority to delegate duties and
872-responsibilities to the respective division chiefs.
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899-C. No later than July 1, 2023, the Commissioner of th e Oklahoma
900-Department of Public Safety shall have the authority to affirm the
901-current Commissioner of the Department of Public Safety, Chief of
902-the Oklahoma Highway Patrol Division, Director of the Oklahoma State
903-Bureau of Investigation, and the Director o f the Oklahoma State
904-Bureau of Narcotics and Dangerous Drugs Control as the chief of his
905-or her respective division and to appoint a chief of a respective
906-division if the current position is vacant.
907-D. Notwithstanding any other provision of law, the Commi ssioner
908-of the Oklahoma Department of Public Safety shall have authority to
909-budget and expend the operating funds of the agency.
910-E. Notwithstanding any other provision of law, the Commissioner
911-of the Oklahoma Department of Public Safety shall have the aut hority
912-to administer all fu nds appropriated for the fiscal year ending on
913-June 30, 2023, for the operation of the Oklahoma State Bureau of
914-Investigation, Oklahoma State Bureau of Narcotics and Dangerous
915-Drugs Control, and the Department of Public Safety.
916-SECTION 17. NEW LAW A new section of law to be codified
917-in the Oklahoma Statutes as Section 9105 of Title 74, unless there
918-is created a duplication in numbering, reads as follows:
919-A. The Commissioner of the Oklahoma Department of Pub lic Safety
920-shall have the following powers, duties, and responsibilities:
921-1. Formulate and implement a unified law enforcement and public
922-safety strategy for activities of the Department with annual and
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949-long-term measurable goals and objectives to achieve greater public
950-safety, which shall be published on the Oklahoma Department of
951-Public Safety website;
952-2. Appoint or confirm division chiefs of the respective
953-divisions of the Department who shall serve at the pleasu re of the
954-Commissioner;
955-3. Appoint any other staff that may be nec essary and proper for
956-the administration of the Department who shall serve at the pleasure
957-of the Commissioner;
958-4. Administer the activities of the Department and all
959-divisions under contr ol of the Department and act for the Dep artment
960-in all matters including budgetary matters and expenditures of the
961-divisions, except as may be otherwise provided in this act;
962-5. Prepare proposed rules and regulations considered necessary
963-for the operation of the Oklahoma Department of Public Sa fety;
964-6. Enter into contra cts with public agencies, institutions of
965-higher education, and private organizations or individuals for the
966-purpose of conducting research, demonstrations, or special projects
967-which bear directly on the operation of the Departme nt or the
968-reduction of crime;
969-7. Enter into contracts for education and research activities
970-without performance bonds;
971-8. Create, modify, merge, or reo rganize any of the divisions or
972-units within the Oklahoma Depart ment of Public Safety as the
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999-Commissioner may deem appropriate, co nsistent with this act, to
1000-effectively administer a unified law enforcement system in this
1001-state;
1002-9. Commission employees as peace officers of the Oklahoma
1003-Department of Public Safety;
1004-10. Investigate any complaint against the Department or any of
1005-its employees;
1006-11. Be directly responsible for all monies appropriated for and
1007-deposited to the credit of the Department and each d ivision under
1008-its control and approve all claims and payments, o r delegate
1009-responsibility as provided f or in Section 34.68 of Titl e 62 of the
1010-Oklahoma Statutes;
1011-12. Accept gifts, bequests, devices, contributions, and grants,
1012-public or private including federal funds or funds from any other
1013-source for use in furtherin g the purpose of the Department;
1014-13. Purchase, lease, and maintain motor vehicles and other
1015-equipment and properties for use by employees of the Department;
1016-14. Purchase or lease and equip m otor vehicles for the use of
1017-the Governor and Lieutenant Governo r;
1018-15. Authorize the use of a state -owned motor vehicle as
1019-authorized in Section 156.1 of Titl e 47 of the Oklahoma Statutes;
1020-16. Transfer assets within the Oklahoma Department of Public
1021-Safety as may be necessary and proper for the operation of the
1022-Department;
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1049-17. Maintain records of all proc eedings and official orders ;
1050-and
1051-18. No later than Jul y 1, 2023, all employees of the Oklahoma
1052-Department of Public Safety shall be under the authority of the
1053-Commissioner.
1054-B. After appointment and before entering upon the discharge of
1055-duties, the Commissioner shall take and subscribe to the oath of
1056-office required by the Oklahoma Constitution. Bonding of the
1057-Commissioner and other employees of the Department sha ll be provided
1058-under the provisions of Section 85.58Q of Title 74 of the Oklahoma
1059-Statutes.
1060-SECTION 18. NEW LAW A new section of law to be codified
1061-in the Oklahoma Statutes as Section 9106 of Title 74, unless there
1062-is created a duplication in numbering, reads as follows:
1063-There is hereby created in the State Treasury a revolv ing fund
1064-for the Oklahoma Department of Public Safety to be designated the
1065-“Oklahoma Department of Public Safety Revolving Fund”. The fund
1066-shall be a continuing fund, not subject to fiscal year limitations,
1067-and shall consist of any monies received from th e sale of surplus
1068-and confiscated property, fees, and receipts collected pursuant to
1069-the Oklahoma Open Records Act, gifts, bequests, devises,
1070-contributions, or grants, public or private including federal funds
1071-unless otherwise provided for by federal law o r regulation,
1072-reimbursements, refunds, fees, and receipts from any other source.
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1099-All monies, and other money as provided by law, accruing to the
1100-credit of the fund are hereby appropriated and may be budgeted and
1101-expended by the Oklahoma Department of Publ ic Safety for general
1102-operations of the Department. Expenditures from the fund shall be
1103-made upon warrants issued by the State Treasurer against cla ims
1104-filed as prescribed by law with the Director of the Office of
1105-Management and Enterprise Services for ap proval and payment.
1106-SECTION 19. NEW LAW A new section of law to be cod ified
1107-in the Oklahoma Statutes as Section 910 7 of Title 74, unless there
1108-is created a duplication in numbering, reads as follows:
1109-A. The Oklahoma Department of Pu blic Safety shall establish and
1110-maintain a Mental Wellness Division to provide mental wellnes s
1111-services and programs to public safety personnel to promote good
1112-mental wellness. The Commissioner shall appoint the Director of the
1113-Mental Wellness Division.
1114-B. The Director of the Mental Wellness Division shall report to
1115-the Commissioner. All current and former employees of the Mental
1116-Wellness Division shall maintain the privacy of all public safety
1117-personnel served by the Division or who participate in its p rograms.
1118-No privileged personal health information shall ever be shared with
1119-the Commissioner or made public without the consent of that person.
1120-However, aggregate mental health information may be shared with the
1121-Commissioner. Aggregate mental health in formation may be made
1122-public by the Commissioner if, in the judgment of the Commissioner,
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1149-doing so could improve public safety mental wellness policies for
1150-public safety personnel and is made public for this sole purpose.
1151-Provided, no aggregate mental hea lth information may be shar ed or
1152-made public if doing so could reveal otherwise privileged personal
1153-mental health information about an y specific individual. It sh all
1154-be the duty of the Director of the Division to establish the
1155-necessary policies and proce dures to ensure the privacy and
1156-confidentiality requirements of this section and of all other
1157-applicable health privacy laws. Any breach of the privacy
1158-provisions of this section and of any other applicable health
1159-privacy laws must be timely and thoroughl y investigated and the
1160-appropriate disciplinary and corrective actions taken.
1161-C. The Mental Wellness Division is authorized to enter int o
1162-partnerships with public and private entities to fulfil l its
1163-mandate.
1164-D. The offices, records, communications, infor mation
1165-technology, equipmen t, and any other resources of the Mental
1166-Wellness Division shall b e located and maintained separately from
1167-that of the other divisions within the Department.
1168-SECTION 20. NEW LAW A new section of law to be c odified
1169-in the Oklahoma Statutes as Section 9108 of Title 74, unless there
1170-is created a duplication in numbering, reads as follows:
1171-There is hereby created in the State Treasury a revolving fund
1172-for the Oklahoma Department of Public Safety on behalf of the Mental
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1199-Wellness Division of the Oklahoma Department of Public Safety to be
1200-designated the “Mental Wellness Division Revolving Fund ”. The fund
1201-shall be a continuing fund, not subject to fiscal y ear limitations,
1202-and shall consist of those monies appropriat ed to the fund by law or
1203-deposited in the fund as provided pursuant to the provisions of
1204-Section 10 of this act. All monies accruing to the credit of the
1205-fund are hereby appropriated and may be budgeted and expended by the
1206-Mental Wellness Division for the purpose of providing menta l
1207-wellness services and programs to public safety personnel.
1208-Expenditures from the fund shall be made upon warrants issu ed by the
1209-State Treasurer against claims filed as prescribed by law with the
1210-Director of the Office of Manag ement and Enterprise Servic es for
1211-approval and payment.
1212-SECTION 21. NEW LAW A new section of law to be codified
1213-in the Oklahoma Statutes as Section 9109 of Title 74, unless there
1214-is created a duplication in numbering, reads as follow s:
1215-A. There is hereby auth orized the establishment of a not-for-
1216-profit foundation to raise f unds for the Mental Wellness Division
1217-Revolving Fund, created in Section 9 of this act, and the
1218-achievement of the goals of this act.
1219-B. The foundation created pu rsuant to this section may receive
1220-funds from any public or private source to carry out the p urposes of
1221-this act including, but not limit ed to, gifts or grants from any
1222-department, agency, or instrumentality of the United States or of
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1249-this state for any pu rpose consistent with the p rovisions of this
1250-act.
1251-C. Upon proper incorporation, the foundati on shall secure tax-
1252-exempt status under the appropriate provision of Section 501(c) of
1253-the Internal Revenue Code, 26 U.S.C., Section 501(c).
1254-D. Any member of the foundation who may have a f inancial
1255-interest in an action under consideration by the foundati on shall
1256-abstain from voting on such matter.
1257-SECTION 22. This act shall become effecti ve in accordance with
1258-the provisions of Section 58 of Article V of the Oklahoma
1259-Constitution.
1260-Passed the Senate the 24th day of March, 2022.
1261-
1262-
1263-
1264- Presiding Officer of the Senate
1265-
1266-
1267-Passed the House of Representatives the ____ day of __________,
1268-2022.
1269-
1270-
1271-
1272- Presiding Officer of the House
1273- of Representatives
1274-
1275-
602+COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/12/2022 -
603+DO PASS, As Amended.