ENGR. H. B. NO. 2892 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 BILL NO. 2892 By: Townley of the House and Kern of the Senate An Act relating to state government; amending 10 O.S. 2021, Section 601.4, which relates to the Oklahoma Commission on Children and Youth; authorizing the Executive Director to request investigation; amending 74 O.S. 2021, Section 150.5, which relates to investigations; authorizing Executive Director to initiate investigations; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A: SECTION 1. AMENDATORY 10 O.S. 2021, Section 601.4, is amended to read as follows: Section 601.4. The Oklahoma Commission on Children and Youth is further authorized to: 1. Facilitate joint planning and service coordination am ong public and private agencies that provide services to children and youth and maintain as confidential information provided to the Commission regarding persons using such services; 2. Prepare and publish reports; ENGR. H. B. NO. 2892 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 3. Review the programs, policies, and s ervices for children and youth provided by public and private agencies for compliance with established state policies and progress towards goals identified in planning documents relating to children and youth services and to make reports regarding such com pliance and progress; 4. Accept appropriations, gifts, loans, and grants from the state and federal government and from other sources, public or private; 5. Enter into agreements or contracts for the development of test models or demonstration programs a nd projects and for programs of practical research for effective services to children and youth; provided that the administration of contract for such model programs and projects shall, within five (5) years of their inception, be transferred to an appropr iate agency or the program or project shall be discontinued; 6. Secure necessary statistical, technical, administrative, operational, and staff services by interagency agreement or contract; 7. Examine all records, plans, budgets, and budget documents pertaining to the children and youth service system; 8. Exercise all incidental powers as necessary and proper for the performance of the duties and responsibilities of the Commission; ENGR. H. B. NO. 2892 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 9. Promulgate rules as necessary to carry out the duties and responsibilities assigned to the Oklahoma Commission on Children and Youth; 10. Recommend that a facility providing services to children and youth be closed or that its contract with the state be terminated; and 11. Request that cases involving children within it s jurisdiction be transferred to the jurisdiction of , through the Executive Director of the Commission, or designee, that an investigation be conducted by the Oklahoma State Bureau of Investigation or other law enforcement agency in cases where it is reasonably believed that criminally injurious conduct, including, but not limited to, physical or sexual abuse of a child has occurred. SECTION 2. AMENDATORY 74 O.S. 2021, Section 150.5, is amended to read as follows: Section 150.5. A. 1. Oklahoma State Bureau of Investigation investigations not covered under Section 150.2 of this title shall be initiated at the request of the following persons: a. the Governor, b. the Attorney General, c. the Council on Judicial Complaints upon a vo te by a majority of the Council, ENGR. H. B. NO. 2892 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 d. the chair of any Legislative Investigating Committee which has been granted subpoena powers by resolution, upon authorization by a vote of the majority of the Committee, e. the Director of the Department of Human Service s, or designee, as authorized by Section 1 -2-105 of Title 10A of the Oklahoma Statutes, or f. a district court judge as authorized by Section 1 -2- 103 of Title 10A of the Oklahoma Statutes , or g. the Executive Director of the Oklahoma Commission on Children and Youth, or designee, as authorized by Section 601.4 of Title 10 of the Oklahoma Statutes . 2. Requests for investigations shall be submitted in writing and shall contain specific allegations of wrongdoing under the laws of the State of Oklahoma. B. The Governor may initiate special background investigations with the written consent of the person who is the subject of the investigation. C. The chair of any Senate committee which is fulfilling the statutory responsibility for approving nominations made by the Governor may, upon a vote by a majority of the committee and with the written consent of the person who is to be the subject of the investigation, initiate a special background investigation of any nominee for the Oklahoma Horse Racing Commission as established by ENGR. H. B. NO. 2892 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 201 of Title 3A of the Oklahoma Statutes or any nominee for the Board of Trustees of the Oklahoma Lottery Commission as established by Section 704 of Title 3A of the Oklahoma Statutes. The Bureau shall submit a report to the commit tee within thirty (30) days of the receipt of the request. Any consideration by the committee of a report from the Bureau shall be for the exclusive use of the committee and shall be considered only in executive session. D. 1. All records relating to an y investigation being conducted by the Bureau, including any records of laboratory services provided to law enforcement agencies pursuant to paragraph 1 of subsection A of Section 150.2 of this title, shall be confidential and shall not be open to the publ ic or to the Commission except as provided in Section 150.4 of this title; provided, however, officers and agents of the Bureau may disclose, at the discretion of the Director, such investigative information to: a. officers and agents of federal, state, co unty, or municipal law enforcement agencies and to district attorneys, in the furtherance of criminal investigations within their respective jurisdictions, b. employees of the Department of Human Services in the furtherance of child abuse investigations, a nd c. appropriate accreditation bodies for the purposes of the Bureau's obtaining or maintaining accreditation. ENGR. H. B. NO. 2892 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 2. Any unauthorized disclosure of any information contained in the confidential files of the Bureau shall be a misdemeanor. The person or entity authorized to initiate investigations in this section, and the Attorney General in the case of investigations initiated by the Insurance Commissioner, shall receive a report of the results of the requested investigation. The person or entity requesting the investigation may give that information only to the appropriate prosecutorial officer or agency having statutory authority in the matter if that action appears proper from the information contained in the report, and shall not reveal or give such information to any other person or agency. Violation hereof shall be deemed willful neglect of duty and shall be grounds for removal from office. E. It shall not be a violation of this section to reveal otherwise confidential information to outside agencies or individuals who are providing interpreter services, questioned document analysis, laboratory services, or other specialized services that are necessary in the assistance of Bureau investigations. Individuals or agencies receiving the confidential and investigative information or records or results of laboratory services provided to the Bureau by those agencies or individuals, shall be subject to the confidentiality provisions and requirements established in subsection D of this section. ENGR. H. B. NO. 2892 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 F. It shall not be a violation of this section to reveal for training or educational purposes otherwise confidential information from records relating to any investigation previously conducted by the Bureau, including any records of laboratory services provided to law enforcement agencies pursuant to paragraph 1 of subsection A of Section 150.2 of this title, so long as ten (10) or more years have passed since the production of the information or record. G. It shall not be a violation of this section to reveal otherwise confidential information from records relating to any investigation being conducted by the Bureau, including any records of laboratory services provided to law enforcement agencies pursuant to paragraph 1 of subsection A of Section 150.2 of this title or t o the public, provided, release of the confidential information has been authorized by the Director of the Bureau for the purposes of developing or obtaining further information reasonably necessary to the successful conclusion of a criminal investigation being conducted by the Bureau or authorized by the Director of the Bureau for the purpose of advising crime victims or family representatives of homicide victims regarding the status of a pending investigation. H. The State Treasurer shall initiate a comp lete background investigation of the positions with the written consent of the persons who are the subject of the investigation pursuant to subsection I of Section 71.1 of Title 62 of the Oklahoma Statutes. The Bureau shall advise the State Treasurer and the Cash Management ENGR. H. B. NO. 2892 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 and Investment Oversight Commission in writing of the results of the investigation. SECTION 3. This act shall become effective November 1, 2025. Passed the House of Representatives the 11th day of March, 2025. Presiding Officer of the House of Representatives Passed the Senate the ____ day of __________, 2025. Presiding Officer of the Senate