Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1612 Latest Draft

Bill / Engrossed Version Filed 05/02/2022

                             
 
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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 ] 
 
 
   
 
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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.   
 
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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   
 
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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   
 
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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;   
 
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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:   
 
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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.   
 
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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   
 
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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   
 
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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   
 
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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.   
 
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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 
   
 
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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:   
 
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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.   
 
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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   
 
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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.   
 
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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.   
 
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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   
 
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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   
 
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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;   
 
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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.    
 
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All monies, and other money as provided by law, accruing to the 
credit of the fund are hereby appropriated and may be budgeted and 
expended by the Oklahoma Department of 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,   
 
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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   
 
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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   
 
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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