ENGR. H. A. to ENGR. S. B. NO. 1612 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED HOUSE AMENDME NT TO ENGROSSED SENATE BILL NO . 1612 By: David of the Senate and Echols of the House [ law enforcement unificatio n - 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 o f a Mental Wellness Division - noncodification - codification - effective date ] AMENDMENT NO. 1. Strike the stricken title, enacting clause, and entire bill and insert: "[ 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 ] ENGR. H. A. to ENGR. S. B. NO. 1612 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: 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 non-law-enforcement division of the curren t Department of Public Safety; 2. Training and recruitment; and 3. Licensing. ENGR. H. A. to ENGR. S. B. NO. 1612 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: 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 ENGR. H. A. to ENGR. S. B. NO. 1612 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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 of 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 ENGR. H. A. to ENGR. S. B. NO. 1612 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; 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 responsibilities 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; ENGR. H. A. to ENGR. S. B. NO. 1612 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9. To investigate any complaint against the Department or any of its employees for actions directly relate d 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 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: ENGR. H. A. to ENGR. S. B. NO. 1612 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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 O klahoma 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 Investigation, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control , and the Department of Public Safety. ENGR. H. A. to ENGR. S. B. NO. 1612 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 proclaim ed by the Governor due to the existence of a natural or manmade di saster, the Governor shall have 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 ENGR. H. A. to ENGR. S. B. NO. 1612 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. 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 ENGR. H. A. to ENGR. S. B. NO. 1612 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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 ENGR. H. A. to ENGR. S. B. NO. 1612 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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. ENGR. H. A. to ENGR. S. B. NO. 1612 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. SECTION 11. This act shall become effective in accordance with the provisions of Section 58 of Article V of the Oklahoma Constitution." Passed the House of Representatives the 27th day of April, 2022. Presiding Officer of the House of Representatives Passed the Senate the ____ day of _______ ___, 2022. Presiding Officer of the Senate ENGR. S. B. NO. 1612 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED SENATE BILL NO. 1612 By: David of the Senate and Echols of the House [ law enforcement unificatio n - 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 o f a Mental Wellness Division - noncodification - codification - effective date ] BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA: SECTION 12. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follo ws: This act shall be known and may be cited as the “Oklahoma Department of Public Safety Unification, Recruitment, and Retention Act of 2022”. SECTION 13. 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 the effective date of this 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: ENGR. S. B. NO. 1612 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ma y 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 i n 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) years of demonstrated, successful leadership experience; 3. Relevant experience in law enforcement, public safety, or a related field; and 4. A person of character, reputation, knowledge, and understanding of the emerging trends facing front-line public safety personnel, skills, integrity, ability, and training. ENGR. S. B. NO. 1612 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 14. 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: 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 the President Pro Temp ore of the Senate; 4. One member, who shall be a lay member who has a law enforcement background, appointed by the Speaker of the House of Representatives; 5. The Attorney General, or designee; 6. One member, who shall be a currently elected district attorney, appointed by the Oklahoma District Attorneys Counci l; 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; 8. One member, who shall be a sheriff of a county with a population under twenty-five thousand (25,000), as determined by the ENGR. S. B. NO. 1612 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 representing 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 representing 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 b y 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. In addition, meetings of the Board may be called by a majority of the members. ENGR. S. B. NO. 1612 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 15. 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 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 compens ation of the Commissioner; and 3. To hear and investigate any complaint against the Commissioner. SECTION 16. 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 mai ntaining its unique statuto ry 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 Oklah oma Department of Public Sa fety shall be the chief administrator of the Department. The Commissioner shall have the authority to delegate duties and responsibilities to the respective division chiefs. ENGR. S. B. NO. 1612 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. No later than July 1, 2023, the Commissioner of th e 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 Investigation, and the Director o f 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 Commi ssioner 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 aut hority to administer all fu nds appropriated for the fiscal year ending on June 30, 2023, for the operation of the Oklahoma State Bureau of Investigation, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, and the Department of Public Safety. SECTION 17. 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 Pub lic 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 ENGR. S. B. NO. 1612 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 nec essary 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 Dep artment 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 Sa fety; 6. Enter into contra cts 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. Enter into contracts for education and research activities 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 ENGR. S. B. NO. 1612 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Commissioner may deem appropriate, co nsistent 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 f or in Section 34.68 of Titl e 62 of the Oklahoma Statutes; 12. 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; 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 Titl e 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; ENGR. S. B. NO. 1612 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 17. Maintain records of all proc eedings and official orders ; and 18. No later than Jul y 1, 2023, all employees of the Oklahoma Department of Public Safety shall be under the authority of the Commissioner. 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 Oklahoma Constitution. Bonding of the Commissioner and other employees of the Department sha ll be provided under the provisions of Section 85.58Q of Title 74 of the Oklahoma Statutes. SECTION 18. 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 provided for by federal law o r regulation, reimbursements, refunds, fees, and receipts from any other source. ENGR. S. B. NO. 1612 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. SECTION 19. NEW LAW A new section of law to be cod ified in the Oklahoma Statutes as Section 910 7 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 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 p rograms. No privileged personal health information shall ever be shared with the Commissioner or made public without the consent of that person. However, aggregate mental health information may be shared with the Commissioner. Aggregate mental health in formation may be made public by the Commissioner if, in the judgment of the Commissioner, ENGR. S. B. NO. 1612 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 hea lth information may be shar ed or made public if doing so could reveal otherwise privileged personal mental health information about an y specific individual. It sh all be the duty of the Director of the Division to establish the necessary policies and proce dures to ensure the privacy and confidentiality 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 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 fulfil l its mandate. D. The offices, records, communications, infor mation technology, equipmen t, and any other resources of the Mental Wellness Division shall b e located and maintained separately from that of the other divisions within the Department. SECTION 20. 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 Treasury a revolving fund for the Oklahoma Department of Public Safety on behalf of the Mental ENGR. S. B. NO. 1612 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 y ear 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 credit of the fund are hereby appropriated and may be budgeted and expended by the Mental Wellness Division for the purpose of providing menta l 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 Manag ement and Enterprise Servic es for approval and payment. SECTION 21. 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 auth orized 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 ENGR. S. B. NO. 1612 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this state for any pu rpose consistent with the p rovisions of this act. C. Upon proper incorporation, the foundati on 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 f inancial interest in an action under consideration by the foundati on shall abstain from voting on such matter. SECTION 22. This act shall become effecti ve in accordance with the provisions of Section 58 of Article V of the Oklahoma Constitution. Passed the Senate the 24th day of March, 2022. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2022. Presiding Officer of the House of Representatives