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OKLAHOMA STATUTES AND CODES

Title 74. State Government

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§741.OfficeLocation of. The governor shall keep his office at the seat of government, in which shall be transacted the business of the executive department of the state. R.L.1910, § 8051.§742.May remove officers appointed. The Governor shall have power to remove any officers appointed by him, in case of incompetency, neglect of duty, or malfeasance in office; and may then fill the same as provided in cases of vacancy. R.L.1910, § 8052.§742.1.Filing of Gubernatorial appointments with Senate. All Gubernatorial appointments to state agencies, boards and commissions which require confirmation by the Senate and which occur when the Legislature is not in session shall be filed by the Governor with the President Pro Tempore of the Senate within ten (10) days of the time said appointments are made by the Governor. Laws 1981, c. 272, § 43, eff. July 1, 1981.§742.2.Vacancies requiring legislative confirmationInterim appointments. A.When a vacancy occurs in any position in state government and appointment to the position for a full term is subject to confirmation by one or both houses of the Legislature, such confirmation shall be required for the appointment to fill the vacancy for the unexpired term. B.A person whose nomination has been submitted to the Legislature may be appointed to hold such office on an acting or interim basis and may assume the duties of the office and receive any compensation or travel reimbursement allowed by law for the position pending confirmation by one or both houses of the Legislature.No person whose nomination has been withdrawn by the Governor or other appointing authority after the effective date of this act or rejected by one or both houses of the Legislature after the effective date of this act shall be eligible to hold such office on an acting or interim basis.Provided, such person shall be eligible for acting or interim appointment if requested by the appropriate house or houses of the Legislature. Added by Laws 1988, c. 303, § 36, emerg. eff. July 1, 1988.§74-2.3."Congressional district" defined. A.Except where otherwise specified by law, the term "congressional district", when used with respect to the appointment of a member of a state board, commission, authority, or other statutory entity, shall mean the district as most recently configured by law. B.For entities which subsection A of this section renders out of compliance with specific statutory requirements, subsequent appointments shall be so made as to cause compliance to be effected at the earliest possible date. Added by Laws 1992, c. 364, § 1, emerg. eff. June 4, 1992.§74-2.4.Change in number of congressional districts - Conflicts in board membership requirements. If a change in the number of congressional districts creates a conflict between a requirement that a board, commission, authority, or other statutory entity shall have a specified number of members and a requirement that one or more members shall be appointed from each congressional district, the appointing authority shall make appointments as follows: 1.If the conflict has been created by a decrease in the number of districts, the appointing authority shall make additional appointments as necessary to maintain a full board and may make said additional appointments without regard to the appointee's district of residence; and 2.If the conflict has been created by an increase in the number of districts, the appointing authority shall make only such appointments as are necessary to maintain a full board, doing so in such fashion that the members are distributed among the districts to the greatest possible extent. Added by Laws 1992, c. 364, § 13, emerg. eff. June 4, 1992.§743.Journal of official acts. He shall keep a journal in the executive office in which shall be made an entry of every official act done by him and the time when done.If, in cases of emergency, acts are done elsewhere than in such office, an entry thereof shall be made in the journal as soon thereafter as possible.R.L.1910, § 8053.§744.Military record to be kept. The Governor shall cause a military record to be kept, in which shall be made an entry of every act done by him as commander in chief.R.L.1910, § 8054.§745.Reward for criminal's arrest. Whenever the Governor is satisfied that any crime has been committed within the state, and that the person charged therewith has not been arrested, or has escaped therefrom, in his discretion he may offer a reward not exceeding Five Hundred Dollars ($500.00) for the arrest and delivery to the proper authorities of the person so charged, which reward shall be audited upon the certificate of the governor that the same has been earned and paid out of any appropriation available therefor. R.L.1910, § 8055.§746.May employ counsel for State. The Governor shall have power to employ counsel to protect the rights or interests of the state in any action or proceeding, civil or criminal, which has been, or is about to be commenced, and the counsel so employed by him may, under the direction of the Governor, plead in any cause, matter, or proceeding in which the state is interested or a party, may prosecute offenses against the law of the state, and may institute and conduct proceedings before grand juries; provided, that nothing herein contained shall limit the power of courts of record to appoint an attorney to prosecute criminal actions in such courts when the district attorney is disqualified or unable to act.R.L.1910, § 8056.§747.Maintenance of Governor's mansion. The Governor of the State of Oklahoma is hereby authorized, at the expense of the state, and within the limitations of the appropriation authorized below, to maintain in such manner as the governor deems necessary and appropriate, the mansion provided for his occupancy by the State of Oklahoma and to pay all expenses connected with said occupancy.Such expenses shall include food, entertainment and such other expenditures as would be necessary and proper for the Governor, the family and the guests of the Governor when the duties of the Office of Governor dictate such expenditures.The expense of the occupancy and upkeep of the Governor’s Mansion shall be from funds appropriated annually by the Legislature from the General Revenue Fund for such purposes.The funds shall be paid monthly upon a claim approved by the Governor of Oklahoma.The Governor shall deposit such funds in a separate account and shall keep a separate record of all expenditures.At the end of the fiscal year, the Governor shall submit an itemized report, or final accounting, of such expenditures to the State Auditor and Inspector.Such report shall be a public record and shall be made available for inspection upon demand. Added by Laws 1929, c. 272, p. 395, § 1, emerg. eff. June 13, 1929.Amended by Laws 1983, c. 334, § 7, emerg. eff. June 30, 1983; Laws 1992, c. 332, § 8, eff. July 1, 1992; Laws 1999, c. 165, § 1, eff. Nov. 1, 1999.§748.GovernorIncapacityDevolution of powers and duties. A.The Office of Governor, with its compensation, shall devolve upon the Lieutenant Governor or the person who is next in succession to the Office pursuant to the provisions of Section 15 of Article VI of the Oklahoma Constitution if the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his Office.The Lieutenant Governor or other successor shall hold the Office until the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that he is able to perform the powers and duties of his Office. B.If a majority of a committee, comprised of the State Auditor and Inspector, State Treasurer, Superintendent of Public Instruction, Chairman of the Corporation Commission and Insurance Commissioner, transmits to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Governor its written declaration that the Governor is unable to discharge the powers and duties of his Office, then the Office, with its compensation, shall devolve upon the Lieutenant Governor or other successor in fortyeight (48) hours unless the Governor transmits to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the members of the committee a written declaration to the contrary within the same fortyeighthour time period. C.If, within fortyeight (48) hours after the Governor transmits such a declaration, a majority of the committee provided in subsection B of this section transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to perform the powers and duties of his Office, then the Legislature shall convene within seventytwo (72) hours.If a resolution declaring probable justification for a determination that inability exists is not adopted by twothirds (2/3) of the members of each house of the Legislature within seventytwo (72) hours after the Legislature convenes, then the Governor shall continue to hold the Office. If such a resolution is adopted by twothirds (2/3) of the members of each house of the Legislature within seventytwo (72) hours after the Legislature convenes, then a copy of the resolution shall be transmitted immediately to the Supreme Court. D.The Supreme Court shall determine the issue of the inability of the Governor, by preference and with priority over all other matters, under such rules as it shall adopt.If the Supreme Court determines that the Governor is unable to perform the powers and duties of his Office, then the Office, with its compensation, shall devolve upon the Lieutenant Governor or other successor.If the Supreme Court determines that the Governor is able, then he shall continue to hold the Office. E.If the Office has devolved upon the Lieutenant Governor or other successor pursuant to the provisions of this act, and a majority of the committee provided in subsection B of this section transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is able to perform the powers and duties of his Office, then the Supreme Court shall determine the issue pursuant to the provisions of subsection D of this section. F.When the Office has devolved upon the Lieutenant Governor or other successor, the provisions of this act shall also apply to the person holding the Office.Added by Laws 1985, c. 111, § 1, emerg. eff. May 28, 1985.§749.2.SECTION 749.2Other necessary committeesExpenses. In the event the United States of America becomes actually at war with any foreign power, or to cooperate with the National Defense Program, the Governor may, if necessity demands, appoint committees as the need may arise to deal with defense problems affecting this state and may pay the expenses of same out of any contingency fund appropriated for the use of the Governor. Laws 1941, p. 439, § 2.§749.11.Division of Planning and Management Analysis. There is hereby created within the Office of the Governor a Division of Planning and Management Analysis.The Division is to accomplish the following purposes: (1)Provide technical assistance to the Governor and Legislature in identifying long range goals and objectives for the states, to include studies pertaining to governmental organization to best accomplish these goals and objectives. (2)Provide assistance and coordination to state agencies in the identification of programs essential for the accomplishment of approved goals and objectives. (3)Provide assistance to state agencies in the preparation of organizational and operational plans to include cost benefit analysis for the most effective and efficient accomplishment of identified programs. (4)Provide coordination and review of plans in functional areas of state government as may be necessary for the receipt of federal funds, and to insure that the receipt of such funds will in fact compliment the attainment of approved state goals and objectives. (5)Participate with other states or subdivisions thereof in interstate planning, assist governmental conferences or councils and regional planning commissions in actions of mutual benefit. Laws 1975, c. 140, § 2, emerg. eff. May 20, 1975.§74-9.21.Creation of office. There is hereby established an agency of the executive branch of state government to be known as the Office of Disability Concerns. Added by Laws 1980, c. 135, § 1.Amended by Laws 2007, c. 98, § 4, eff. Nov. 1, 2007.§74-9.22.Powers and duties. The Office of Disability Concerns shall have the following powers and duties: 1.To identify the needs of people with disabilities on a continuing basis and to attempt to meet those needs; 2.To serve as a referral and information source for people with disabilities seeking services and for agencies seeking assistance in their provision of services; 3.To generate community awareness and support of programs for people with disabilities; 4.To advise and assist the Governor and the Legislature in developing policies to meet the needs of people with disabilities; and 5.To assist agencies in meeting the requirements of Public Law 93-112, and subsequent amendments thereto, as the same pertain to people with disabilities. Added by Laws 1980, c. 135, § 2.Amended by Laws 1996, c. 132, § 1, eff. Nov. 1, 1996; Laws 2007, c. 98, § 5, eff. Nov. 1, 2007.§74-9.23.Director - Appointment, duties and compensation of employees. A.The Office of Disability Concerns shall be administered by a Director who shall be appointed by the Governor and serve at the pleasure of the Governor.Such appointment shall be subject to Senate confirmation within thirty (30) days after the appointment or the convening of the next legislative session, if the Legislature is not in session on the date of appointment. B.The Director shall and is hereby authorized to appoint and fix the duties and compensation of employees, not otherwise prescribed by law, and otherwise direct the work of the staff in performing the functions and accomplishing the purposes of the Office of Disability Concerns. Added by Laws 1980, c. 135, § 3.Amended by Laws 2007, c. 98, § 6, eff. Nov. 1, 2007.§74-9.24.Additional duties. The Office of Disability Concerns shall be responsible for the following duties: 1.To carry out the responsibilities of the Governor's Advisory Committee on Employment of People with Disabilities; 2.To provide referral assistance, continuing needs assessment and to advise and assist private and public agencies in statewide policy development concerning people with disabilities; and 3.To implement the provisions of Public Law 93112, and subsequent amendments thereto, as such pertain to people with disabilities. Added by Laws 1980, c. 135, § 4.Amended by Laws 1986, c. 169, § 5, operative July 1, 1986; Laws 1996, c. 132, § 2, eff. Nov. 1, 1996; Laws 2007, c. 98, § 7, eff. Nov. 1, 2007.§74-9.25.Assistance of Governor's advisory committees. The Office of Disability Concerns shall be assisted by the Governor's Advisory Committee on Employment of People with Disabilities and the Governor's Advisory Committee to the Office of Disability Concerns. Added by Laws 1980, c. 135, § 5.Amended by Laws 1996, c. 132, § 3, eff. Nov. 1, 1996; Laws 2007, c. 98, § 8, eff. Nov. 1, 2007.§74-9.26.Governor's Advisory Committee to the Office of Disability Concerns. The Governor's Advisory Committee to the Office of Disability Concerns shall be composed of forty (40) members who shall be appointed by the Governor.Such members shall serve at the pleasure of the Governor.Twenty of such members shall be people with disabilities or the parents of people with disabilities.All members of the Committee traveling on authorized state business may be reimbursed for expenses incurred in such travel in accordance with the State Travel Reimbursement Act, Section 500.1 et seq. of this title. Added by Laws 1980, c. 135, § 6.Amended by Laws 1996, c. 132, § 4, eff. Nov. 1, 1996; Laws 2007, c. 98, § 9, eff. Nov. 1, 2007.§74-9.27.Rules and regulations. The Office of Disability Concerns is hereby authorized to make necessary rules and regulations to carry out the provisions of this act. Added by Laws 1980, c. 135, § 7.Amended by Laws 2007, c. 98, § 10, eff. Nov. 1, 2007.§749.27A.Client Assistance Program. The office is hereby authorized to conduct the Client Assistance Program for theState of Oklahoma under the terms of Section 112 of the Rehabilitation Act of 1973 as amended as long as federal funds are available.The office is authorized to pursue legal and administrative remedies necessary to operate this program. Added by Laws 1986, c. 169, § 4, operative July 1, 1986. Amended by Laws 1987, c. 206, § 7, operative July 1, 1987; Laws 1987, c. 236, § 1, emerg. eff. July 20, 1987.§74-9.28.Transfer of powers and duties, etc. of Governor's Advisory Committee on Employment of People with Disabilities. All the powers, duties, functions, records, employees, property, matters pending and funds of the Governor's Advisory Committee on Employment of People with Disabilities are hereby transferred to the Office of Disability Concerns. Added by Laws 1980, c. 135, § 8.Amended by Laws 1996, c. 132, § 5, eff. Nov. 1, 1996; Laws 2007, c. 98, § 11, eff. Nov. 1, 2007.§74-9.29.The Governor's Advisory Committee on Employment of People with Disabilities - Creation. There is hereby created within the Office of Disability Concerns a division for "The Governor's Advisory Committee on Employment of People with Disabilities". Added by Laws 1957, p. 522, § 1, emerg. eff. May 24, 1957.Amended by Laws 1980, c. 135, § 9.Renumbered from § 301 of Title 40 by Laws 1980, c. 135, § 16.Amended by Laws 1996, c. 132, § 6, eff. Nov. 1, 1996; Laws 2007, c. 98, § 12, eff. Nov. 1, 2007.§749.30.Purpose of actCooperation with other agencies. The purpose of this act is to carry on a continuing program to promote the employment of the physically, mentally, emotionally, and otherwise people with disabilities of Oklahoma by creating statewide interest in the rehabilitation and employment of people with disabilities, and by obtaining and maintaining cooperation with all public and private groups and individuals in this field.The Governor's Committee shall work in close cooperation with the President's Committee on Employment of People with Disabilities to more effectively carry out the purpose of this act, and with state and federal agencies having responsibilities for employment and rehabilitation of people with disabilities. Added by Laws 1957, p. 522, § 2, emerg. eff. May 24, 1957.Renumbered from Title 40, § 302 by Laws 1980, c. 135, § 16.Amended by Laws 1996, c. 132, § 7, eff. Nov. 1, 1996.§74-9.31.Governor's Advisory Committee on Employment of People with Disabilities - Membership - Appointment - Vacancies - Travel expenses. The Governor's Advisory Committee on Employment of People with Disabilities shall consist of not more than seventy-five (75) members composed of state leaders of industry, business, agriculture, labor, veterans, women, religious, educational, civic, fraternal, welfare, scientific, and medical and other professions, groups or individuals who shall be appointed by the Governor for a term of two (2), four (4) or six (6) years.Vacancies on the Committee shall be filled by the Governor.All members of the Committee traveling on authorized state business may be reimbursed for expenses incurred in such travel in accordance with the State Travel Reimbursement Act, Section 500.1 et seq. of this title. Added by Laws 1957, p. 523, § 3, emerg. eff. May 24, 1957.Amended by Laws 1980, c. 135, § 10.Renumbered from Title 40, § 303 by Laws 1980, c. 135, § 16.Amended by Laws 1996, c. 132, § 8, eff. Nov. 1, 1996.§749.32.Executive committee. The Governor's Advisory Committee on Employment of People with Disabilities shall elect from its membership, a chair, vice-chair, secretarytreasurer, and eight other members to serve on the executive committee.The officers shall be elected for a term of one (1) year, but may succeed themselves.The administrative powers and duties of the Committee shall be vested in the executive committee.An organizational meeting shall be held within sixty (60) days after fifty members of the Committee have been appointed and qualified.The full Committee shall meet semiannually, but, at the request of the chair or executive committee, special meetings may be called.The executive committee shall meet quarterly, but special meetings may be called by the chair or six members of the executive committee. Added by Laws 1957, p. 523, § 5, emerg. eff. May 24, 1957.Amended by Laws 1980, c. 135, § 11.Renumbered from Title 40, § 305 by Laws 1980, c. 135, § 16.Amended by Laws 1996, c. 132, § 9, eff. Nov. 1, 1996.§74-9.33.Revolving fund. There is created in the State Treasury a revolving fund for the Office of Disability Concerns to be designated as the "Office of Disability Concerns Revolving Fund".The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all nonfederal monies received by the Office of Disability Concerns, including receipts, from any state agency or institution, gifts, contributions, donations and bequests.All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Office of Disability Concerns to perform duties as prescribed by law.Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. Added by Laws 1957, p. 523, § 6, emerg. eff. May 24, 1957.Amended by Laws 1980, c. 135, § 12.Renumbered from § 306 of Title 40 by Laws 1980, c. 135, § 16.Amended by Laws 1988, c. 174, § 4, operative July 1, 1988; Laws 2007, c. 98, § 13, eff. Nov. 1, 2007.§74-9.34.Gifts, donations, bequests or grants. The Office of Disability Concerns shall accept, hold in trust, and authorize the use of any grant or devise of land, or any donations or bequests of money or other personal property made to the Office so long as the terms of the grant, donation, bequest or will are carried out.The Office may invest and reinvest any funds and money, lease, or sell any real or personal property, and invest the proceeds for the purpose of promoting the well-being of people with disabilities unless prohibited by the terms of the grant, donation, bequest, gift, or will.If, due to circumstances, the requests of the person or persons making the grant, donation, bequest, gift, or will cannot be carried out, the Office shall have the authority to use the remainder thereof for the purposes of this act.Said funds shall be deposited to the revolving fund to carry out the provisions of this act.Such gifts, donations, bequests, or grants shall be exempt for tax purposes.The Office shall report annually to the Governor all monies and properties received and expended by virtue of this section. Added by Laws 1957, p. 523, § 7, emerg. eff. May 24, 1957.Amended by Laws 1980, c. 135, § 13.Renumbered from § 307 of Title 40 by Laws 1980, c. 135, § 16.Amended by Laws 1996, c. 132, § 10, eff. Nov. 1, 1996; Laws 2007, c. 98, § 14, eff. Nov. 1, 2007.§749.35.Nonpartisan and nonprofit character of Committee. The Governor's Advisory Committee on Employment of People with Disabilities shall be nonpartisan, nonprofit, and shall not be used for the dissemination of partisan principles, nor for the promotion of the candidacy of any person seeking public office or preferment. Added by Laws 1957, p. 524, § 8, emerg. eff. May 24, 1957.Amended by Laws 1980, c. 135, § 14.Renumbered from Title 40, § 308 by Laws 1980, c. 135, § 16.Amended by Laws 1996, c. 132, § 11, eff. Nov. 1, 1996.§74-9.41.Repealed by Laws 2000, c. 251, § 4, eff. July 1, 2000. §7410.Compensation when acting as Governor. The Lieutenant Governor when serving as acting Governor during the absence of the Governor from the state shall be paid for his services as acting Governor at the same rate of pay as the Governor. Laws 1947, p. 585, § 1.§7410.1.Short title. Sections 1 through 5 of this act shall be known and may be cited as the "Executive Branch Reform Act of 1986". Added by Laws 1986, c. 207, § 1, emerg. eff. June 6, 1986.§7410.2.Purpose of act. The purpose of the Executive Branch Reform Act of 1986 is to organize the various departments, agencies, boards, commissions and other entities of the executive branch of state government into a cabinet system of government in order to improve the effectiveness, efficiency and accountability of state government. Added by Laws 1986, c. 207, § 2, emerg. eff. June 6, 1986.§74-10.3.Cabinet system to be created. A.Within forty-five (45) days of assuming office, each Governor may create a cabinet system for the executive branch of state government.The cabinet system may be an organizational framework created by executive order which includes all executive agencies, boards, commissions, or institutions and their assignments to specific cabinet areas.The cabinet system shall consist of no more than fifteen cabinet areas and each cabinet area shall consist of executive agencies, boards, commissions, or institutions with similar programmatic or administrative objectives.One cabinet area shall consist of the Oklahoma Department of Veterans Affairs, its institutions and other executive agencies, boards, commissions and institutions which are related to veterans.One cabinet area shall consist of the Information Services Division of the Office of State Finance and all the functions of all executive agencies, boards, commissions and institutions related to information technology and telecommunications.The Governor's cabinet shall be in effect until the Legislature supersedes each cabinet area by providing by law for specific cabinet areas or departments, or removes by law the authority of the Governor to create a cabinet area. B.The Governor shall appoint, with the advice and consent of the Senate, a Secretary to head each cabinet area.The Secretary appointee for the cabinet area consisting of the Oklahoma Department of Veterans Affairs and other related veterans entities shall be an honorably discharged veteran and be eligible to receive benefits from the United States Department of Veterans Affairs.The Secretary for the cabinet area consisting of the Information Services Division of the Office of State Finance and all related information technology and telecommunications functions of state government shall be the Chief Information Officer who shall be appointed pursuant to Section 2 of this act.A cabinet Secretary may be appointed as a position funded by the Office of the Governor from funds available to that office, or appointed as a cabinet Secretary from among the agency heads within the cabinet area.The cabinet Secretaries shall: 1.Advise the Governor of any policy changes or problems within the area they represent; 2.Advise the entities represented of any policy changes or problems as directed by the Governor; and 3.Coordinate information gathering for the Legislature as requested. C.The cabinet Secretaries shall serve at the pleasure of the Governor, however, the appointment or removal of a cabinet Secretary who is also an agency head shall not otherwise affect the status of the other duties of the agency head.Whenever a Secretary position becomes vacant, the Governor shall appoint a successor within thirty (30) calendar days pursuant to the provisions of subsection B of this section.If the Legislature is not in session at the time of appointment it shall be subject to the advice and consent of the Senate upon convening of the next regular session of the Legislature. Added by Laws 1986, c. 207, § 3, emerg. eff. June 6, 1986.Amended by Laws 1989, c. 27, § 2, operative July 1, 1989; Laws 2003, c. 371, § 1; Laws 2005, c. 65, § 1, eff. Nov. 1, 2005; Laws 2005, c. 428, § 1, emerg. eff. June 6, 2005; Laws 2009, c. 451, § 22, eff. on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Laws 2009, c. 451, § 2. NOTE:Laws 2003, c. 189, § 1 repealed by Laws 2003, c. 371, § 4.§74-10.4.Executive environmental subcommittee of Governor's cabinet. A.Effective January 1, 1993, there is hereby established an executive environmental subcommittee of the Governor's cabinet which shall be composed of three (3) cabinet members, selected by the Governor from those members of the Governor's cabinet responsible for the natural resources agencies, as follows:the cabinet secretaries for the Department of Environmental Quality, the Oklahoma Corporation Commission, the Department of Agriculture, the Oklahoma Water Resources Board, the Conservation Commission, the Department of Mines, and such other members as the Governor may appoint to reach a total of three.The cabinet secretary for the Department of Environmental Quality or its successor cabinet position shall serve as chairperson of the committee. B.The executive environmental committee shall: 1.Coordinate pollution control programs of the state carried on by all state agencies to avoid duplication of effort; 2.Maintain an up-to-date record of the availability, acquisition and disposition of all federal funds, state appropriations and other grants intended for pollution control, prevention or abatement; 3.Coordinate and make application on behalf of various state environmental agencies and state agencies with limited environmental responsibilities for federal funds disbursed pursuant to the Federal Water Pollution Control Act and the Federal Environmental Protection Act and such other sources of private or public funds or grants for which more than one state environmental agency or state agency with limited environmental responsibilities may qualify; 4.Maintain a central repository for all duly promulgated rules pertaining to environmental pollution prevention, control and abatement; and 5.Perform such other duties assigned to it by the Governor. Added by Laws 1992, c. 398, § 19, eff. Jan. 1, 1993.Amended by Laws 1999, c. 413, § 18, eff. Nov. 1, 1999.§74-10.5.Salaries. Notwithstanding other limits established by law, the following cabinet Secretaries may be annually compensated for their services, payable monthly, as follows: 1.The Secretary of Human Resources and Administration may receive a maximum salary of Seventy Five Thousand Dollars ($75,000.00); 2.The Secretary of Agriculture may receive a maximum salary of Seventy Thousand Dollars ($70,000.00); 3.The Secretary of Commerce and Tourism may receive a maximum salary of Seventy Thousand Dollars ($70,000.00); 4.The Secretary of Education may receive a maximum salary of Sixty-five Thousand Dollars ($65,000.00); 5.The Secretary of Energy may receive a maximum salary of Seventy Thousand Dollars ($70,000.00); 6.The Secretary of Finance and Administration may receive a maximum salary of Ninety Thousand Dollars ($90,000.00); 7.The Secretary of Health and the Secretary of Human Services may receive a maximum salary of Eighty Thousand Dollars ($80,000.00); 8.The Secretary of Safety and Security may receive a maximum salary of Eighty-five Thousand Dollars ($85,000.00); 9.The Secretary of State may receive a maximum salary of Sixty-five Thousand Dollars ($65,000.00).However, if the Secretary of State is designated as a cabinet Secretary, the salary of the Secretary of State may be increased to an amount not to exceed the highest salary provided for a cabinet Secretary pursuant to this section; and 10.The Secretary of Veterans Affairs may receive a maximum salary of Sixty-five Thousand Dollars ($65,000.00). Added by Laws 1997, c. 384, § 2, eff. July 1, 1997.Amended by Laws 2000, c. 418, § 13, eff. July 1, 2000; Laws 2003, c. 371, § 2.§74-10.6.Renumbered as § 51.1 of this title by Laws 2004, c. 157, § 8, emerg. eff. April 26, 2004. §7418.Attorney General as chief law officer. The Attorney General shall be the chief law officer of the state. Laws 1939, p. 44, § 1.§7418a.Oath of office. Before the Attorney General enters upon the duties of his office, he shall execute the constitutional oath of office, which oath shall be filed in the office of the Secretary of State.Laws 1939, p. 44, § 2; Laws 1973, c. 131, § 1, emerg. eff. May 10, 1973; Laws 1980, c. 159, § 32, emerg. eff. April 2, 1980.§74-18b.Duties of Attorney General - Counsel of Corporation Commission as representative on appeal from Commission. A.The duties of the Attorney General as the chief law officer of the state shall be: 1.To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court and Court of Criminal Appeals in which the state is interested as a party; 2.To appear for the state and prosecute and defend all actions and proceedings in any of the federal courts in which the state is interested as a party; 3.To initiate or appear in any action in which the interests of the state or the people of the state are at issue, or to appear at the request of the Governor, the Legislature, or either branch thereof, and prosecute and defend in any court or before any commission, board or officers any cause or proceeding, civil or criminal, in which the state may be a party or interested; and when so appearing in any such cause or proceeding, the Attorney General may, if the Attorney General deems it advisable and to the best interest of the state, take and assume control of the prosecution or defense of the state's interest therein; 4.To consult with and advise district attorneys, when requested by them, in all matters pertaining to the duties of their offices, when said district attorneys shall furnish the Attorney General with a written opinion supported by citation of authorities upon the matter submitted; 5.To give an opinion in writing upon all questions of law submitted to the Attorney General by the Legislature or either branch thereof, or by any state officer, board, commission or department, provided, that the Attorney General shall not furnish opinions to any but district attorneys, the Legislature or either branch thereof, or any other state official, board, commission or department, and to them only upon matters in which they are officially interested; 6.At the request of the Governor, State Auditor and Inspector, State Treasurer, or either branch of the Legislature, to prosecute any official bond or any contract in which the state is interested, upon a breach thereof, and to prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with either of their Departments; 7.Whenever requested by any state officer, board or commission, to prepare proper drafts for contracts, forms and other writing which may be wanted for the use of the state; 8.To prepare drafts of bills and resolutions for individual members of the Legislature upon their written request stating the gist of the bill or resolution desired; 9.To enforce the proper application of monies appropriated by the Legislature and to prosecute breaches of trust in the administration of such funds;10.To institute actions to recover state monies illegally expended, to recover state property and to prevent the illegal use of any state property, upon the request of the Governor or the Legislature; 11.To pay into the State Treasury, immediately upon its receipt, all monies received by the Attorney General belonging to the state; 12.To keep and file copies of all opinions, contracts, forms and letters of the office, and to keep an index of all opinions, contracts and forms according to subject and section of the law construed or applied; 13.To keep a register or docket of all actions, demands and investigations prosecuted, defended or conducted by the Attorney General in behalf of the state.Said register or docket shall give the style of the case or investigation, where pending, court number, office number, the gist of the matter, result and the names of the assistants who handled the matter; 14.To keep a complete office file of all cases and investigations handled by the Attorney General on behalf of the state; 15.To report to the Legislature or either branch thereof whenever requested upon any business relating to the duties of the Attorney General's office; 16.To institute civil actions against members of any state board or commission for failure of such members to perform their duties as prescribed by the statutes and the Constitution and to prosecute members of any state board or commission for violation of the criminal laws of this state where such violations have occurred in connection with the performance of such members' official duties; 17.To respond to any request for an opinion of the Attorney General's office, submitted by a member of the Legislature, regardless of subject matter, by written opinion determinative of the law regarding such subject matter; 18.To convene multicounty grand juries in such manner and for such purposes as provided by law; provided, such grand juries are composed of citizens from each of the counties on a pro rata basis by county; 19.To investigate any report by the State Auditor and Inspector filed with the Attorney General pursuant to Section 223 of this title and prosecute all actions, civil or criminal, relating to such reports or any irregularities or derelictions in the management of public funds or property which are violations of the laws of this state; 20.To represent and protect the collective interests of all utility consumers of this state in rate-related proceedings before the Corporation Commission or in any other state or federal judicial or administrative proceeding; 21.To represent and protect the collective interests of insurance consumers of this state in rate-related proceedings before the Insurance Property and Casualty Rate Board or in any other state or federal judicial or administrative proceeding;22.To certify local crimestoppers programs qualified to receive repayments of rewards pursuant to Section 991a of Title 22 of the Oklahoma Statutes; and 23.To investigate and prosecute any criminal action relating to insurance fraud, if in the opinion of the Attorney General a criminal prosecution is warranted, or to refer such matters to the appropriate district attorney. B.Nothing in this section shall be construed as requiring the Attorney General to appear and defend or prosecute in any court any cause or proceeding for or on behalf of the Oklahoma Tax Commission, the Board of Managers of the State Insurance Fund, or the Commissioners of the Land Office. C.In all appeals from the Corporation Commission to the Supreme Court of Oklahoma in which the state is a party, the Attorney General shall have the right to designate counsel of the Corporation Commission as the Attorney General's legally appointed representative in such appeals, and it shall be the duty of the said Corporation Commission counsel to act when so designated and to consult and advise with the Attorney General regarding such appeals prior to taking action therein. Added by Laws 1939, p. 44, § 3, emerg. eff. May 21, 1939.Amended by Laws 1976, c. 130, § 1, emerg. eff. May 24, 1976; Laws 1979, c. 30, § 53, emerg. eff. April 6, 1979; Laws 1979, c. 241, § 17, operative July 1, 1979; Laws 1982, c. 26, § 1, operative Oct. 1, 1982; Laws 1987, c. 39, § 1, eff. Nov. 1, 1987; Laws 1991, c. 17, § 3, eff. Sept. 1, 1991; Laws 1992, c. 294, § 14, eff. Sept. 1, 1992; Laws 1993, c. 349, § 32, eff. Sept. 1, 1993; Laws 1995, c. 328, § 12, eff. July 1, 1995; Laws 1996, c. 295, § 1, eff. July 1, 1996; Laws 1999, c. 344, § 4, emerg. eff. June 8, 1999.§74-18c.Employment of attorneys, authority of boards or officials - Defense of actions by Attorney General. A.1.Except as otherwise provided by this subsection, no state officer, board or commission shall have authority to employ or appoint attorneys to advise or represent said officer, board or commission in any matter. 2.The provisions of this subsection shall not apply to the Corporation Commission, the Council on Law Enforcement Education and Training, the Consumer Credit Commission, the Board of Managers of the State Insurance Fund, the Oklahoma Tax Commission, the Commissioners of the Land Office, the Oklahoma Public Welfare Commission also known as the Commission for Human Services, the Board of Corrections, the Oklahoma Health Care Authority, the Department of Public Safety, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission, the Transportation Commission, the Oklahoma Energy Resources Board, the Department of Central Services, the Oklahoma Merit Protection Commission, the Office of Personnel Management, the Oklahoma Water Resources Board, the Department of Labor, the State Department of Agriculture, the Northeast Oklahoma Public Facilities Authority, the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Public Employees Retirement System, the Uniform Retirement System for Justices and Judges, the Oklahoma Conservation Commission and the Office of Juvenile Affairs. 3.The provisions of paragraph 2 of this subsection shall not be construed to authorize the Office of Juvenile Affairs to employ any attorneys that are not specifically authorized by law. 4.All the legal duties of such officer, board or commission shall devolve upon and are hereby vested in the Attorney General; provided that: a.the Governor shall have authority to employ special counsel to protect the rights or interest of the state as provided in Section 6 of this title, and b.liquidation agents of banks shall have the authority to employ local counsel, with the consent of the Bank Commissioner and the Attorney General and the approval of the district court. B.At the request of any state officer, board or commission, except the Corporation Commission, the Board of Managers of the CompSource Oklahoma, Oklahoma Tax Commission and the Commissioners of the Land Office, the Grand River Dam Authority, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission, the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Public Employees Retirement System, the Uniform Retirement System for Justices and Judges and the Interstate Oil and Gas Compact Commission, the Attorney General shall defend any action in which they may be sued in their official capacity.At the request of any such state officer, board or commission, the Attorney General shall have authority to institute suits in the name of the State of Oklahoma on their relation, if after investigation the Attorney General is convinced there is sufficient legal merit to justify the action. C.Any officer, board, or commission which has the authority to employ or appoint attorneys may request that the Attorney General defend any action arising pursuant to the provisions of the Governmental Tort Claims Act. D.Nothing in this section shall be construed to repeal or affect the provisions of the statutes of this state pertaining to attorneys and legal advisors of the several commissions and departments of state specified in subsection B of this section, and all acts and parts of acts pertaining thereto shall be and remain in full force and effect. Added by Laws 1939, p. 46, § 4, emerg. eff. May 21, 1939.Amended by Laws 1947, p. 585, § 1, emerg. eff. April 23, 1947; Laws 1982, c. 35, § 2, emerg. eff. March 26, 1982; Laws 1985, c. 294, § 7, emerg. eff. July 24, 1985; Laws 1991, c. 335, § 28, emerg. eff. June 15, 1991; Laws 1994, c. 382, § 47, eff. Sept. 1, 1994; Laws 1995, c. 76, § 3, eff. July 1, 1995; Laws 1995, c. 352, § 194, eff. July 1, 1995; Laws 1996, c. 3, § 18, emerg. eff. March 6, 1996; Laws 1997, c. 296, § 1, eff. Sept. 1, 1997; Laws 1998, c. 230, § 3, eff. Nov. 1, 1998; Laws 1999, c. 1, § 30, emerg. eff. Feb. 24, 1999; Laws 2002, c. 438, § 4, eff. July 1, 2002; Laws 2005, c. 405, § 8, eff. July 1, 2005.NOTE:Laws 1985, c. 283, § 5 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991.Laws 1994, c. 242, § 47 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995.Laws 1995, c. 1, § 29 repealed by Laws 1995, c. 260, § 3, eff. July 1, 1995.Laws 1995, c. 260, § 2 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.Laws 1998, c. 203, § 3 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.§74-18c-2.Repealed by Laws 1995, c. 180, § 2, eff. July 1, 1995. §7418d.District attorneys, aiding and requiring aid of. The Attorney General shall have authority to require the aid and assistance of district attorneys in their respective counties in the matters hereinbefore enumerated and may in any case brought to the Supreme Court or Criminal Court of Appeals from their respective counties demand and receive the assistance of the district attorney from whose county such case is brought.Any district attorney desiring the assistance of the Attorney General in any matter shall request the Governor for such assistance, and upon receiving the direction of the Governor to render such assistance, the Attorney General shall proceed immediately, compatible with the performance of his own duties to render the assistance.Laws 1939, p. 46, § 5.§7418e.Criminal actionsQuo warrantoAppearance before grand juries. In addition to the above powers and duties, the Attorney General shall, when requested by the Governor, have power and authority to institute and prosecute criminal actions and actions in the nature of quo warranto; and shall, when requested by the Governor, compatible with the performance of his other duties, appear before and assist grand juries in their investigations. Laws 1939, p. 47, § 6.§74-18f.Investigations. The Attorney General shall have authority to conduct investigations and it shall be the duty of the Department of Public Safety of the State of Oklahoma, when so directed by the Governor of the State of Oklahoma, to furnish him with investigators from the personnel of said Department, to assist in such investigations and to assemble evidence for the Attorney General in any cases to be tried or in any matters to be investigated.Likewise, it shall be the duty of the State Auditor and Inspector, upon request of the Attorney General, to furnish him with experienced auditors and/or accountants from the personnel of his department to make audits and check records for the Attorney General in any case to be tried or in any matter being investigated by the Attorney General.The cost of such services shall be borne by the entity audited. Added by Laws 1939, p. 47, § 7, emerg. eff. April 21, 1939.Amended by Laws 1979, c. 30, § 136, emerg. eff. April 6, 1979; Laws 1997, c. 136, § 2, eff. July 1, 1997.§7418g.Appearance not waiver of immunity of State. The appearance of the Attorney General in any matter, proceeding or action in any court, before any commission, board or officer, shall not be construed to waive the immunity of the State of Oklahoma from being sued.Laws 1939, p. 49, § 13.§74-18m-1.Workers' Compensation Fraud Unit. A.There is hereby created within the Office of the Attorney General a Workers' Compensation Fraud Unit. B.The Workers' Compensation Fraud Unit, upon inquiry or complaint, shall determine the extent, if any, to which any violation has occurred of any statute or administrative rule of this state pertaining to workers' compensation fraud and may initiate any necessary investigation, civil action, criminal action, referral to the Insurance Commissioner or Insurance Department, referral to the Administrator of the Workers' Compensation Court, referral to a district attorney or referral to any appropriate official of this or any other state or of the federal government. C.In the absence of fraud, bad faith, reckless disregard for the truth, or actual malice, no person, insurer, or agent of an insurer shall be liable for damages in a civil action or subject to criminal prosecution for communication, publication, or any other action taken to supply information about suspected workers' compensation fraud to the Workers' Compensation Fraud Unit or any other agency involved in the investigation or prosecution of suspected workers' compensation fraud. D.The Attorney General and the Office of the Attorney General, the Insurance Commissioner and the Insurance Department, the Administrator of the Workers' Compensation Court, every district attorney and every law enforcement agency shall cooperate and coordinate efforts for the investigation and prosecution of suspected workers' compensation fraud. Added by Laws 1993, c. 349, § 27, eff. Sept. 1, 1993.Amended by Laws 1994, 2nd Ex. Sess., c. 1, § 16, emerg. eff. Nov. 4, 1994.§74-18m-2.Workers' compensation fraud - Powers of Attorney General or designee - Records, documents, reports and evidence confidential. A.If the Attorney General or a designee has reason to believe as a result of inquiry or complaint that a person has engaged in or is engaging in an act or practice that violates any administrative rule or statute pertaining to workers' compensation fraud, the Attorney General or a designee shall have all of the powers of a district attorney. B.Records, documents, reports and evidence obtained or created by the Office of the Attorney General as a result of workers' compensation fraud shall be confidential and shall not be subject to the Oklahoma Open Records Act or to outside review or release by any individual except when authorized by the Attorney General or when required by an administrative or judicial proceeding. Added by Laws 1993, c. 349, § 28, eff. Sept. 1, 1993.§74-18n-1.Insurance Fraud Unit. A.There is hereby created within the Office of the Attorney General an Insurance Fraud Unit. B.The Insurance Fraud Unit, upon inquiry or complaint or upon referral from the Insurance Department, shall determine the extent, if any, to which a violation has occurred of any statute or administrative rule of this state pertaining to insurance fraud and may initiate any necessary investigation, civil action, criminal action, referral to the Insurance Commissioner or Insurance Department, referral to a district attorney, or referral to any appropriate official of this or any other state or of the federal government. C.In the absence of fraud, bad faith, reckless disregard for the truth, or actual malice, no person, insurer, or agent of an insurer shall be liable for damages in a civil action or subject to criminal prosecution for supplying information about suspected insurance fraud to the Insurance Fraud Unit of the Office of the Attorney General or any other agency involved in the investigation or prosecution of suspected insurance fraud. D.The Attorney General and the Office of the Attorney General, the Insurance Commissioner, the Insurance Department, every district attorney, and every
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  • §741. Office Location of. 

    The governor shall keep his office at the seat of government, in which shall be transacted the business of the executive department of the state. 

    R.L.1910, § 8051.  

    §742. May remove officers appointed. 

    The Governor shall have power to remove any officers appointed by him, in case of incompetency, neglect of duty, or malfeasance in office; and may then fill the same as provided in cases of vacancy. 

    R.L.1910, § 8052.  

    §742.1. Filing of Gubernatorial appointments with Senate. 

    All Gubernatorial appointments to state agencies, boards and commissions which require confirmation by the Senate and which occur when the Legislature is not in session shall be filed by the Governor with the President Pro Tempore of the Senate within ten (10) days of the time said appointments are made by the Governor. 

    Laws 1981, c. 272, § 43, eff. July 1, 1981.  

    §742.2. Vacancies requiring legislative confirmation Interim appointments. 

    A. When a vacancy occurs in any position in state government and appointment to the position for a full term is subject to confirmation by one or both houses of the Legislature, such confirmation shall be required for the appointment to fill the vacancy for the unexpired term. 

    B. A person whose nomination has been submitted to the Legislature may be appointed to hold such office on an acting or interim basis and may assume the duties of the office and receive any compensation or travel reimbursement allowed by law for the position pending confirmation by one or both houses of the Legislature. No person whose nomination has been withdrawn by the Governor or other appointing authority after the effective date of this act or rejected by one or both houses of the Legislature after the effective date of this act shall be eligible to hold such office on an acting or interim basis. Provided, such person shall be eligible for acting or interim appointment if requested by the appropriate house or houses of the Legislature. 

    Added by Laws 1988, c. 303, § 36, emerg. eff. July 1, 1988.  

    §74-2.3. "Congressional district" defined. 

    A. Except where otherwise specified by law, the term "congressional district", when used with respect to the appointment of a member of a state board, commission, authority, or other statutory entity, shall mean the district as most recently configured by law. 

    B. For entities which subsection A of this section renders out of compliance with specific statutory requirements, subsequent appointments shall be so made as to cause compliance to be effected at the earliest possible date. 

    Added by Laws 1992, c. 364, § 1, emerg. eff. June 4, 1992. 

     

    §74-2.4. Change in number of congressional districts - Conflicts in board membership requirements. 

    If a change in the number of congressional districts creates a conflict between a requirement that a board, commission, authority, or other statutory entity shall have a specified number of members and a requirement that one or more members shall be appointed from each congressional district, the appointing authority shall make appointments as follows: 

    1. If the conflict has been created by a decrease in the number of districts, the appointing authority shall make additional appointments as necessary to maintain a full board and may make said additional appointments without regard to the appointee's district of residence; and 

    2. If the conflict has been created by an increase in the number of districts, the appointing authority shall make only such appointments as are necessary to maintain a full board, doing so in such fashion that the members are distributed among the districts to the greatest possible extent. 

    Added by Laws 1992, c. 364, § 13, emerg. eff. June 4, 1992. 

     

    §743. Journal of official acts. 

    He shall keep a journal in the executive office in which shall be made an entry of every official act done by him and the time when done. If, in cases of emergency, acts are done elsewhere than in such office, an entry thereof shall be made in the journal as soon thereafter as possible. 

     

    R.L.1910, § 8053.  

    §744. Military record to be kept. 

    The Governor shall cause a military record to be kept, in which shall be made an entry of every act done by him as commander in chief. 

     

    R.L.1910, § 8054.  

    §745. Reward for criminal's arrest. 

    Whenever the Governor is satisfied that any crime has been committed within the state, and that the person charged therewith has not been arrested, or has escaped therefrom, in his discretion he may offer a reward not exceeding Five Hundred Dollars ($500.00) for the arrest and delivery to the proper authorities of the person so charged, which reward shall be audited upon the certificate of the governor that the same has been earned and paid out of any appropriation available therefor. 

    R.L.1910, § 8055.  

    §746. May employ counsel for State. 

    The Governor shall have power to employ counsel to protect the rights or interests of the state in any action or proceeding, civil or criminal, which has been, or is about to be commenced, and the counsel so employed by him may, under the direction of the Governor, plead in any cause, matter, or proceeding in which the state is interested or a party, may prosecute offenses against the law of the state, and may institute and conduct proceedings before grand juries; provided, that nothing herein contained shall limit the power of courts of record to appoint an attorney to prosecute criminal actions in such courts when the district attorney is disqualified or unable to act. 

     

    R.L.1910, § 8056.  

    §747. Maintenance of Governor's mansion. 

    The Governor of the State of Oklahoma is hereby authorized, at the expense of the state, and within the limitations of the appropriation authorized below, to maintain in such manner as the governor deems necessary and appropriate, the mansion provided for his occupancy by the State of Oklahoma and to pay all expenses connected with said occupancy. Such expenses shall include food, entertainment and such other expenditures as would be necessary and proper for the Governor, the family and the guests of the Governor when the duties of the Office of Governor dictate such expenditures. The expense of the occupancy and upkeep of the Governor’s Mansion shall be from funds appropriated annually by the Legislature from the General Revenue Fund for such purposes. The funds shall be paid monthly upon a claim approved by the Governor of Oklahoma. The Governor shall deposit such funds in a separate account and shall keep a separate record of all expenditures. At the end of the fiscal year, the Governor shall submit an itemized report, or final accounting, of such expenditures to the State Auditor and Inspector. Such report shall be a public record and shall be made available for inspection upon demand. 

    Added by Laws 1929, c. 272, p. 395, § 1, emerg. eff. June 13, 1929. Amended by Laws 1983, c. 334, § 7, emerg. eff. June 30, 1983; Laws 1992, c. 332, § 8, eff. July 1, 1992; Laws 1999, c. 165, § 1, eff. Nov. 1, 1999. 

     

    §748. Governor Incapacity Devolution of powers and duties. 

    A. The Office of Governor, with its compensation, shall devolve upon the Lieutenant Governor or the person who is next in succession to the Office pursuant to the provisions of Section 15 of Article VI of the Oklahoma Constitution if the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his Office. The Lieutenant Governor or other successor shall hold the Office until the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that he is able to perform the powers and duties of his Office. 

    B. If a majority of a committee, comprised of the State Auditor and Inspector, State Treasurer, Superintendent of Public Instruction, Chairman of the Corporation Commission and Insurance Commissioner, transmits to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Governor its written declaration that the Governor is unable to discharge the powers and duties of his Office, then the Office, with its compensation, shall devolve upon the Lieutenant Governor or other successor in fortyeight (48) hours unless the Governor transmits to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the members of the committee a written declaration to the contrary within the same fortyeighthour time period. 

    C. If, within fortyeight (48) hours after the Governor transmits such a declaration, a majority of the committee provided in subsection B of this section transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to perform the powers and duties of his Office, then the Legislature shall convene within seventytwo (72) hours. If a resolution declaring probable justification for a determination that inability exists is not adopted by twothirds (2/3) of the members of each house of the Legislature within seventytwo (72) hours after the Legislature convenes, then the Governor shall continue to hold the Office. 

    If such a resolution is adopted by twothirds (2/3) of the members of each house of the Legislature within seventytwo (72) hours after the Legislature convenes, then a copy of the resolution shall be transmitted immediately to the Supreme Court. 

    D. The Supreme Court shall determine the issue of the inability of the Governor, by preference and with priority over all other matters, under such rules as it shall adopt. If the Supreme Court determines that the Governor is unable to perform the powers and duties of his Office, then the Office, with its compensation, shall devolve upon the Lieutenant Governor or other successor. If the Supreme Court determines that the Governor is able, then he shall continue to hold the Office. 

    E. If the Office has devolved upon the Lieutenant Governor or other successor pursuant to the provisions of this act, and a majority of the committee provided in subsection B of this section transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is able to perform the powers and duties of his Office, then the Supreme Court shall determine the issue pursuant to the provisions of subsection D of this section. 

    F. When the Office has devolved upon the Lieutenant Governor or other successor, the provisions of this act shall also apply to the person holding the Office. 

     

    Added by Laws 1985, c. 111, § 1, emerg. eff. May 28, 1985.  

    §749.2. SECTION 749.2 Other necessary committees Expenses. 

    In the event the United States of America becomes actually at war with any foreign power, or to cooperate with the National Defense Program, the Governor may, if necessity demands, appoint committees as the need may arise to deal with defense problems affecting this state and may pay the expenses of same out of any contingency fund appropriated for the use of the Governor. 

    Laws 1941, p. 439, § 2.  

    §749.11. Division of Planning and Management Analysis. 

    There is hereby created within the Office of the Governor a Division of Planning and Management Analysis. The Division is to accomplish the following purposes: 

    (1) Provide technical assistance to the Governor and Legislature in identifying long range goals and objectives for the states, to include studies pertaining to governmental organization to best accomplish these goals and objectives. 

    (2) Provide assistance and coordination to state agencies in the identification of programs essential for the accomplishment of approved goals and objectives. 

    (3) Provide assistance to state agencies in the preparation of organizational and operational plans to include cost benefit analysis for the most effective and efficient accomplishment of identified programs. 

    (4) Provide coordination and review of plans in functional areas of state government as may be necessary for the receipt of federal funds, and to insure that the receipt of such funds will in fact compliment the attainment of approved state goals and objectives. 

    (5) Participate with other states or subdivisions thereof in interstate planning, assist governmental conferences or councils and regional planning commissions in actions of mutual benefit. 

    Laws 1975, c. 140, § 2, emerg. eff. May 20, 1975.  

    §74-9.21. Creation of office. 

    There is hereby established an agency of the executive branch of state government to be known as the Office of Disability Concerns. 

    Added by Laws 1980, c. 135, § 1. Amended by Laws 2007, c. 98, § 4, eff. Nov. 1, 2007. 

     

    §74-9.22. Powers and duties. 

    The Office of Disability Concerns shall have the following powers and duties: 

    1. To identify the needs of people with disabilities on a continuing basis and to attempt to meet those needs; 

    2. To serve as a referral and information source for people with disabilities seeking services and for agencies seeking assistance in their provision of services; 

    3. To generate community awareness and support of programs for people with disabilities; 

    4. To advise and assist the Governor and the Legislature in developing policies to meet the needs of people with disabilities; and 

    5. To assist agencies in meeting the requirements of Public Law 93-112, and subsequent amendments thereto, as the same pertain to people with disabilities. 

    Added by Laws 1980, c. 135, § 2. Amended by Laws 1996, c. 132, § 1, eff. Nov. 1, 1996; Laws 2007, c. 98, § 5, eff. Nov. 1, 2007. 

     

    §74-9.23. Director - Appointment, duties and compensation of employees. 

    A. The Office of Disability Concerns shall be administered by a Director who shall be appointed by the Governor and serve at the pleasure of the Governor. Such appointment shall be subject to Senate confirmation within thirty (30) days after the appointment or the convening of the next legislative session, if the Legislature is not in session on the date of appointment. 

    B. The Director shall and is hereby authorized to appoint and fix the duties and compensation of employees, not otherwise prescribed by law, and otherwise direct the work of the staff in performing the functions and accomplishing the purposes of the Office of Disability Concerns. 

    Added by Laws 1980, c. 135, § 3. Amended by Laws 2007, c. 98, § 6, eff. Nov. 1, 2007. 

     

    §74-9.24. Additional duties. 

    The Office of Disability Concerns shall be responsible for the following duties: 

    1. To carry out the responsibilities of the Governor's Advisory Committee on Employment of People with Disabilities; 

    2. To provide referral assistance, continuing needs assessment and to advise and assist private and public agencies in statewide policy development concerning people with disabilities; and 

    3. To implement the provisions of Public Law 93112, and subsequent amendments thereto, as such pertain to people with disabilities. 

    Added by Laws 1980, c. 135, § 4. Amended by Laws 1986, c. 169, § 5, operative July 1, 1986; Laws 1996, c. 132, § 2, eff. Nov. 1, 1996; Laws 2007, c. 98, § 7, eff. Nov. 1, 2007. 

     

    §74-9.25. Assistance of Governor's advisory committees. 

    The Office of Disability Concerns shall be assisted by the Governor's Advisory Committee on Employment of People with Disabilities and the Governor's Advisory Committee to the Office of Disability Concerns. 

    Added by Laws 1980, c. 135, § 5. Amended by Laws 1996, c. 132, § 3, eff. Nov. 1, 1996; Laws 2007, c. 98, § 8, eff. Nov. 1, 2007. 

     

    §74-9.26. Governor's Advisory Committee to the Office of Disability Concerns. 

    The Governor's Advisory Committee to the Office of Disability Concerns shall be composed of forty (40) members who shall be appointed by the Governor. Such members shall serve at the pleasure of the Governor. Twenty of such members shall be people with disabilities or the parents of people with disabilities. All members of the Committee traveling on authorized state business may be reimbursed for expenses incurred in such travel in accordance with the State Travel Reimbursement Act, Section 500.1 et seq. of this title. 

    Added by Laws 1980, c. 135, § 6. Amended by Laws 1996, c. 132, § 4, eff. Nov. 1, 1996; Laws 2007, c. 98, § 9, eff. Nov. 1, 2007. 

     

    §74-9.27. Rules and regulations. 

    The Office of Disability Concerns is hereby authorized to make necessary rules and regulations to carry out the provisions of this act. 

    Added by Laws 1980, c. 135, § 7. Amended by Laws 2007, c. 98, § 10, eff. Nov. 1, 2007. 

     

    §749.27A. Client Assistance Program. 

    The office is hereby authorized to conduct the Client Assistance Program for theState of Oklahoma under the terms of Section 112 of the Rehabilitation Act of 1973 as amended as long as federal funds are available. The office is authorized to pursue legal and administrative remedies necessary to operate this program. 

    Added by Laws 1986, c. 169, § 4, operative July 1, 1986. Amended by Laws 1987, c. 206, § 7, operative July 1, 1987; Laws 1987, c. 236, § 1, emerg. eff. July 20, 1987.  

    §74-9.28. Transfer of powers and duties, etc. of Governor's Advisory Committee on Employment of People with Disabilities. 

    All the powers, duties, functions, records, employees, property, matters pending and funds of the Governor's Advisory Committee on Employment of People with Disabilities are hereby transferred to the Office of Disability Concerns. 

    Added by Laws 1980, c. 135, § 8. Amended by Laws 1996, c. 132, § 5, eff. Nov. 1, 1996; Laws 2007, c. 98, § 11, eff. Nov. 1, 2007. 

     

    §74-9.29. The Governor's Advisory Committee on Employment of People with Disabilities - Creation. 

    There is hereby created within the Office of Disability Concerns a division for "The Governor's Advisory Committee on Employment of People with Disabilities". 

    Added by Laws 1957, p. 522, § 1, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, § 9. Renumbered from § 301 of Title 40 by Laws 1980, c. 135, § 16. Amended by Laws 1996, c. 132, § 6, eff. Nov. 1, 1996; Laws 2007, c. 98, § 12, eff. Nov. 1, 2007. 

     

    §749.30. Purpose of act Cooperation with other agencies. 

    The purpose of this act is to carry on a continuing program to promote the employment of the physically, mentally, emotionally, and otherwise people with disabilities of Oklahoma by creating statewide interest in the rehabilitation and employment of people with disabilities, and by obtaining and maintaining cooperation with all public and private groups and individuals in this field. The Governor's Committee shall work in close cooperation with the President's Committee on Employment of People with Disabilities to more effectively carry out the purpose of this act, and with state and federal agencies having responsibilities for employment and rehabilitation of people with disabilities. 

    Added by Laws 1957, p. 522, § 2, emerg. eff. May 24, 1957. Renumbered from Title 40, § 302 by Laws 1980, c. 135, § 16. Amended by Laws 1996, c. 132, § 7, eff. Nov. 1, 1996. 

     

    §74-9.31. Governor's Advisory Committee on Employment of People with Disabilities - Membership - Appointment - Vacancies - Travel expenses. 

    The Governor's Advisory Committee on Employment of People with Disabilities shall consist of not more than seventy-five (75) members composed of state leaders of industry, business, agriculture, labor, veterans, women, religious, educational, civic, fraternal, welfare, scientific, and medical and other professions, groups or individuals who shall be appointed by the Governor for a term of two (2), four (4) or six (6) years. Vacancies on the Committee shall be filled by the Governor. All members of the Committee traveling on authorized state business may be reimbursed for expenses incurred in such travel in accordance with the State Travel Reimbursement Act, Section 500.1 et seq. of this title. 

    Added by Laws 1957, p. 523, § 3, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, § 10. Renumbered from Title 40, § 303 by Laws 1980, c. 135, § 16. Amended by Laws 1996, c. 132, § 8, eff. Nov. 1, 1996. 

     

    §749.32. Executive committee. 

    The Governor's Advisory Committee on Employment of People with Disabilities shall elect from its membership, a chair, vice-chair, secretarytreasurer, and eight other members to serve on the executive committee. The officers shall be elected for a term of one (1) year, but may succeed themselves. The administrative powers and duties of the Committee shall be vested in the executive committee. An organizational meeting shall be held within sixty (60) days after fifty members of the Committee have been appointed and qualified. The full Committee shall meet semiannually, but, at the request of the chair or executive committee, special meetings may be called. The executive committee shall meet quarterly, but special meetings may be called by the chair or six members of the executive committee. 

    Added by Laws 1957, p. 523, § 5, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, § 11. Renumbered from Title 40, § 305 by Laws 1980, c. 135, § 16. Amended by Laws 1996, c. 132, § 9, eff. Nov. 1, 1996. 

     

    §74-9.33. Revolving fund. 

    There is created in the State Treasury a revolving fund for the Office of Disability Concerns to be designated as the "Office of Disability Concerns Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all nonfederal monies received by the Office of Disability Concerns, including receipts, from any state agency or institution, gifts, contributions, donations and bequests. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Office of Disability Concerns to perform duties as prescribed by law. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. 

    Added by Laws 1957, p. 523, § 6, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, § 12. Renumbered from § 306 of Title 40 by Laws 1980, c. 135, § 16. Amended by Laws 1988, c. 174, § 4, operative July 1, 1988; Laws 2007, c. 98, § 13, eff. Nov. 1, 2007. 

     

    §74-9.34. Gifts, donations, bequests or grants. 

    The Office of Disability Concerns shall accept, hold in trust, and authorize the use of any grant or devise of land, or any donations or bequests of money or other personal property made to the Office so long as the terms of the grant, donation, bequest or will are carried out. The Office may invest and reinvest any funds and money, lease, or sell any real or personal property, and invest the proceeds for the purpose of promoting the well-being of people with disabilities unless prohibited by the terms of the grant, donation, bequest, gift, or will. If, due to circumstances, the requests of the person or persons making the grant, donation, bequest, gift, or will cannot be carried out, the Office shall have the authority to use the remainder thereof for the purposes of this act. Said funds shall be deposited to the revolving fund to carry out the provisions of this act. Such gifts, donations, bequests, or grants shall be exempt for tax purposes. The Office shall report annually to the Governor all monies and properties received and expended by virtue of this section. 

    Added by Laws 1957, p. 523, § 7, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, § 13. Renumbered from § 307 of Title 40 by Laws 1980, c. 135, § 16. Amended by Laws 1996, c. 132, § 10, eff. Nov. 1, 1996; Laws 2007, c. 98, § 14, eff. Nov. 1, 2007. 

     

    §749.35. Nonpartisan and nonprofit character of Committee. 

    The Governor's Advisory Committee on Employment of People with Disabilities shall be nonpartisan, nonprofit, and shall not be used for the dissemination of partisan principles, nor for the promotion of the candidacy of any person seeking public office or preferment. 

    Added by Laws 1957, p. 524, § 8, emerg. eff. May 24, 1957. Amended by Laws 1980, c. 135, § 14. Renumbered from Title 40, § 308 by Laws 1980, c. 135, § 16. Amended by Laws 1996, c. 132, § 11, eff. Nov. 1, 1996. 

     

    §74-9.41. Repealed by Laws 2000, c. 251, § 4, eff. July 1, 2000. 

    §7410. Compensation when acting as Governor. 

    The Lieutenant Governor when serving as acting Governor during the absence of the Governor from the state shall be paid for his services as acting Governor at the same rate of pay as the Governor. Laws 1947, p. 585, § 1.  

    §7410.1. Short title. 

    Sections 1 through 5 of this act shall be known and may be cited as the "Executive Branch Reform Act of 1986". 

    Added by Laws 1986, c. 207, § 1, emerg. eff. June 6, 1986.  

    §7410.2. Purpose of act. 

    The purpose of the Executive Branch Reform Act of 1986 is to organize the various departments, agencies, boards, commissions and other entities of the executive branch of state government into a cabinet system of government in order to improve the effectiveness, efficiency and accountability of state government. 

    Added by Laws 1986, c. 207, § 2, emerg. eff. June 6, 1986.  

    §74-10.3. Cabinet system to be created. 

    A. Within forty-five (45) days of assuming office, each Governor may create a cabinet system for the executive branch of state government. The cabinet system may be an organizational framework created by executive order which includes all executive agencies, boards, commissions, or institutions and their assignments to specific cabinet areas. The cabinet system shall consist of no more than fifteen cabinet areas and each cabinet area shall consist of executive agencies, boards, commissions, or institutions with similar programmatic or administrative objectives. One cabinet area shall consist of the Oklahoma Department of Veterans Affairs, its institutions and other executive agencies, boards, commissions and institutions which are related to veterans. One cabinet area shall consist of the Information Services Division of the Office of State Finance and all the functions of all executive agencies, boards, commissions and institutions related to information technology and telecommunications. The Governor's cabinet shall be in effect until the Legislature supersedes each cabinet area by providing by law for specific cabinet areas or departments, or removes by law the authority of the Governor to create a cabinet area. 

    B. The Governor shall appoint, with the advice and consent of the Senate, a Secretary to head each cabinet area. The Secretary appointee for the cabinet area consisting of the Oklahoma Department of Veterans Affairs and other related veterans entities shall be an honorably discharged veteran and be eligible to receive benefits from the United States Department of Veterans Affairs. The Secretary for the cabinet area consisting of the Information Services Division of the Office of State Finance and all related information technology and telecommunications functions of state government shall be the Chief Information Officer who shall be appointed pursuant to Section 2 of this act. A cabinet Secretary may be appointed as a position funded by the Office of the Governor from funds available to that office, or appointed as a cabinet Secretary from among the agency heads within the cabinet area. The cabinet Secretaries shall: 

    1. Advise the Governor of any policy changes or problems within the area they represent; 

    2. Advise the entities represented of any policy changes or problems as directed by the Governor; and 

    3. Coordinate information gathering for the Legislature as requested. 

    C. The cabinet Secretaries shall serve at the pleasure of the Governor, however, the appointment or removal of a cabinet Secretary who is also an agency head shall not otherwise affect the status of the other duties of the agency head. Whenever a Secretary position becomes vacant, the Governor shall appoint a successor within thirty (30) calendar days pursuant to the provisions of subsection B of this section. If the Legislature is not in session at the time of appointment it shall be subject to the advice and consent of the Senate upon convening of the next regular session of the Legislature. 

    Added by Laws 1986, c. 207, § 3, emerg. eff. June 6, 1986. Amended by Laws 1989, c. 27, § 2, operative July 1, 1989; Laws 2003, c. 371, § 1; Laws 2005, c. 65, § 1, eff. Nov. 1, 2005; Laws 2005, c. 428, § 1, emerg. eff. June 6, 2005; Laws 2009, c. 451, § 22, eff. on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Laws 2009, c. 451, § 2. 

    NOTE: Laws 2003, c. 189, § 1 repealed by Laws 2003, c. 371, § 4. 

     

    §74-10.4. Executive environmental subcommittee of Governor's cabinet. 

    A. Effective January 1, 1993, there is hereby established an executive environmental subcommittee of the Governor's cabinet which shall be composed of three (3) cabinet members, selected by the Governor from those members of the Governor's cabinet responsible for the natural resources agencies, as follows: the cabinet secretaries for the Department of Environmental Quality, the Oklahoma Corporation Commission, the Department of Agriculture, the Oklahoma Water Resources Board, the Conservation Commission, the Department of Mines, and such other members as the Governor may appoint to reach a total of three. The cabinet secretary for the Department of Environmental Quality or its successor cabinet position shall serve as chairperson of the committee. 

    B. The executive environmental committee shall: 

    1. Coordinate pollution control programs of the state carried on by all state agencies to avoid duplication of effort; 

    2. Maintain an up-to-date record of the availability, acquisition and disposition of all federal funds, state appropriations and other grants intended for pollution control, prevention or abatement; 

    3. Coordinate and make application on behalf of various state environmental agencies and state agencies with limited environmental responsibilities for federal funds disbursed pursuant to the Federal Water Pollution Control Act and the Federal Environmental Protection Act and such other sources of private or public funds or grants for which more than one state environmental agency or state agency with limited environmental responsibilities may qualify; 

    4. Maintain a central repository for all duly promulgated rules pertaining to environmental pollution prevention, control and abatement; and 

    5. Perform such other duties assigned to it by the Governor. 

    Added by Laws 1992, c. 398, § 19, eff. Jan. 1, 1993. Amended by Laws 1999, c. 413, § 18, eff. Nov. 1, 1999. 

     

    §74-10.5. Salaries. 

    Notwithstanding other limits established by law, the following cabinet Secretaries may be annually compensated for their services, payable monthly, as follows: 

    1. The Secretary of Human Resources and Administration may receive a maximum salary of Seventy Five Thousand Dollars ($75,000.00); 

    2. The Secretary of Agriculture may receive a maximum salary of Seventy Thousand Dollars ($70,000.00); 

    3. The Secretary of Commerce and Tourism may receive a maximum salary of Seventy Thousand Dollars ($70,000.00); 

    4. The Secretary of Education may receive a maximum salary of Sixty-five Thousand Dollars ($65,000.00); 

    5. The Secretary of Energy may receive a maximum salary of Seventy Thousand Dollars ($70,000.00); 

    6. The Secretary of Finance and Administration may receive a maximum salary of Ninety Thousand Dollars ($90,000.00); 

    7. The Secretary of Health and the Secretary of Human Services may receive a maximum salary of Eighty Thousand Dollars ($80,000.00); 

    8. The Secretary of Safety and Security may receive a maximum salary of Eighty-five Thousand Dollars ($85,000.00); 

    9. The Secretary of State may receive a maximum salary of Sixty-five Thousand Dollars ($65,000.00). However, if the Secretary of State is designated as a cabinet Secretary, the salary of the Secretary of State may be increased to an amount not to exceed the highest salary provided for a cabinet Secretary pursuant to this section; and 

    10. The Secretary of Veterans Affairs may receive a maximum salary of Sixty-five Thousand Dollars ($65,000.00). 

    Added by Laws 1997, c. 384, § 2, eff. July 1, 1997. Amended by Laws 2000, c. 418, § 13, eff. July 1, 2000; Laws 2003, c. 371, § 2. 

     

    §74-10.6. Renumbered as § 51.1 of this title by Laws 2004, c. 157, § 8, emerg. eff. April 26, 2004. 

    §7418. Attorney General as chief law officer. 

    The Attorney General shall be the chief law officer of the state. 

    Laws 1939, p. 44, § 1.  

    §7418a. Oath of office. 

    Before the Attorney General enters upon the duties of his office, he shall execute the constitutional oath of office, which oath shall be filed in the office of the Secretary of State. 

     

    Laws 1939, p. 44, § 2; Laws 1973, c. 131, § 1, emerg. eff. May 10, 1973; Laws 1980, c. 159, § 32, emerg. eff. April 2, 1980.  

    §74-18b. Duties of Attorney General - Counsel of Corporation Commission as representative on appeal from Commission. 

    A. The duties of the Attorney General as the chief law officer of the state shall be: 

    1. To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court and Court of Criminal Appeals in which the state is interested as a party; 

    2. To appear for the state and prosecute and defend all actions and proceedings in any of the federal courts in which the state is interested as a party; 

    3. To initiate or appear in any action in which the interests of the state or the people of the state are at issue, or to appear at the request of the Governor, the Legislature, or either branch thereof, and prosecute and defend in any court or before any commission, board or officers any cause or proceeding, civil or criminal, in which the state may be a party or interested; and when so appearing in any such cause or proceeding, the Attorney General may, if the Attorney General deems it advisable and to the best interest of the state, take and assume control of the prosecution or defense of the state's interest therein; 

    4. To consult with and advise district attorneys, when requested by them, in all matters pertaining to the duties of their offices, when said district attorneys shall furnish the Attorney General with a written opinion supported by citation of authorities upon the matter submitted; 

    5. To give an opinion in writing upon all questions of law submitted to the Attorney General by the Legislature or either branch thereof, or by any state officer, board, commission or department, provided, that the Attorney General shall not furnish opinions to any but district attorneys, the Legislature or either branch thereof, or any other state official, board, commission or department, and to them only upon matters in which they are officially interested; 

    6. At the request of the Governor, State Auditor and Inspector, State Treasurer, or either branch of the Legislature, to prosecute any official bond or any contract in which the state is interested, upon a breach thereof, and to prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with either of their Departments; 

    7. Whenever requested by any state officer, board or commission, to prepare proper drafts for contracts, forms and other writing which may be wanted for the use of the state; 

    8. To prepare drafts of bills and resolutions for individual members of the Legislature upon their written request stating the gist of the bill or resolution desired; 

    9. To enforce the proper application of monies appropriated by the Legislature and to prosecute breaches of trust in the administration of such funds; 

    10. To institute actions to recover state monies illegally expended, to recover state property and to prevent the illegal use of any state property, upon the request of the Governor or the Legislature; 

    11. To pay into the State Treasury, immediately upon its receipt, all monies received by the Attorney General belonging to the state; 

    12. To keep and file copies of all opinions, contracts, forms and letters of the office, and to keep an index of all opinions, contracts and forms according to subject and section of the law construed or applied; 

    13. To keep a register or docket of all actions, demands and investigations prosecuted, defended or conducted by the Attorney General in behalf of the state. Said register or docket shall give the style of the case or investigation, where pending, court number, office number, the gist of the matter, result and the names of the assistants who handled the matter; 

    14. To keep a complete office file of all cases and investigations handled by the Attorney General on behalf of the state; 

    15. To report to the Legislature or either branch thereof whenever requested upon any business relating to the duties of the Attorney General's office; 

    16. To institute civil actions against members of any state board or commission for failure of such members to perform their duties as prescribed by the statutes and the Constitution and to prosecute members of any state board or commission for violation of the criminal laws of this state where such violations have occurred in connection with the performance of such members' official duties; 

    17. To respond to any request for an opinion of the Attorney General's office, submitted by a member of the Legislature, regardless of subject matter, by written opinion determinative of the law regarding such subject matter; 

    18. To convene multicounty grand juries in such manner and for such purposes as provided by law; provided, such grand juries are composed of citizens from each of the counties on a pro rata basis by county; 

    19. To investigate any report by the State Auditor and Inspector filed with the Attorney General pursuant to Section 223 of this title and prosecute all actions, civil or criminal, relating to such reports or any irregularities or derelictions in the management of public funds or property which are violations of the laws of this state; 

    20. To represent and protect the collective interests of all utility consumers of this state in rate-related proceedings before the Corporation Commission or in any other state or federal judicial or administrative proceeding; 

    21. To represent and protect the collective interests of insurance consumers of this state in rate-related proceedings before the Insurance Property and Casualty Rate Board or in any other state or federal judicial or administrative proceeding;  

    22. To certify local crimestoppers programs qualified to receive repayments of rewards pursuant to Section 991a of Title 22 of the Oklahoma Statutes; and 

    23. To investigate and prosecute any criminal action relating to insurance fraud, if in the opinion of the Attorney General a criminal prosecution is warranted, or to refer such matters to the appropriate district attorney. 

    B. Nothing in this section shall be construed as requiring the Attorney General to appear and defend or prosecute in any court any cause or proceeding for or on behalf of the Oklahoma Tax Commission, the Board of Managers of the State Insurance Fund, or the Commissioners of the Land Office. 

    C. In all appeals from the Corporation Commission to the Supreme Court of Oklahoma in which the state is a party, the Attorney General shall have the right to designate counsel of the Corporation Commission as the Attorney General's legally appointed representative in such appeals, and it shall be the duty of the said Corporation Commission counsel to act when so designated and to consult and advise with the Attorney General regarding such appeals prior to taking action therein. 

    Added by Laws 1939, p. 44, § 3, emerg. eff. May 21, 1939. Amended by Laws 1976, c. 130, § 1, emerg. eff. May 24, 1976; Laws 1979, c. 30, § 53, emerg. eff. April 6, 1979; Laws 1979, c. 241, § 17, operative July 1, 1979; Laws 1982, c. 26, § 1, operative Oct. 1, 1982; Laws 1987, c. 39, § 1, eff. Nov. 1, 1987; Laws 1991, c. 17, § 3, eff. Sept. 1, 1991; Laws 1992, c. 294, § 14, eff. Sept. 1, 1992; Laws 1993, c. 349, § 32, eff. Sept. 1, 1993; Laws 1995, c. 328, § 12, eff. July 1, 1995; Laws 1996, c. 295, § 1, eff. July 1, 1996; Laws 1999, c. 344, § 4, emerg. eff. June 8, 1999. 

     

    §74-18c. Employment of attorneys, authority of boards or officials - Defense of actions by Attorney General. 

    A. 1. Except as otherwise provided by this subsection, no state officer, board or commission shall have authority to employ or appoint attorneys to advise or represent said officer, board or commission in any matter. 

    2. The provisions of this subsection shall not apply to the Corporation Commission, the Council on Law Enforcement Education and Training, the Consumer Credit Commission, the Board of Managers of the State Insurance Fund, the Oklahoma Tax Commission, the Commissioners of the Land Office, the Oklahoma Public Welfare Commission also known as the Commission for Human Services, the Board of Corrections, the Oklahoma Health Care Authority, the Department of Public Safety, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission, the Transportation Commission, the Oklahoma Energy Resources Board, the Department of Central Services, the Oklahoma Merit Protection Commission, the Office of Personnel Management, the Oklahoma Water Resources Board, the Department of Labor, the State Department of Agriculture, the Northeast Oklahoma Public Facilities Authority, the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Public Employees Retirement System, the Uniform Retirement System for Justices and Judges, the Oklahoma Conservation Commission and the Office of Juvenile Affairs. 

    3. The provisions of paragraph 2 of this subsection shall not be construed to authorize the Office of Juvenile Affairs to employ any attorneys that are not specifically authorized by law. 

    4. All the legal duties of such officer, board or commission shall devolve upon and are hereby vested in the Attorney General; provided that: 

    a.  the Governor shall have authority to employ special counsel to protect the rights or interest of the state as provided in Section 6 of this title, and 

    b.  liquidation agents of banks shall have the authority to employ local counsel, with the consent of the Bank Commissioner and the Attorney General and the approval of the district court. 

    B. At the request of any state officer, board or commission, except the Corporation Commission, the Board of Managers of the CompSource Oklahoma, Oklahoma Tax Commission and the Commissioners of the Land Office, the Grand River Dam Authority, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission, the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Public Employees Retirement System, the Uniform Retirement System for Justices and Judges and the Interstate Oil and Gas Compact Commission, the Attorney General shall defend any action in which they may be sued in their official capacity. At the request of any such state officer, board or commission, the Attorney General shall have authority to institute suits in the name of the State of Oklahoma on their relation, if after investigation the Attorney General is convinced there is sufficient legal merit to justify the action. 

    C. Any officer, board, or commission which has the authority to employ or appoint attorneys may request that the Attorney General defend any action arising pursuant to the provisions of the Governmental Tort Claims Act. 

    D. Nothing in this section shall be construed to repeal or affect the provisions of the statutes of this state pertaining to attorneys and legal advisors of the several commissions and departments of state specified in subsection B of this section, and all acts and parts of acts pertaining thereto shall be and remain in full force and effect. 

    Added by Laws 1939, p. 46, § 4, emerg. eff. May 21, 1939. Amended by Laws 1947, p. 585, § 1, emerg. eff. April 23, 1947; Laws 1982, c. 35, § 2, emerg. eff. March 26, 1982; Laws 1985, c. 294, § 7, emerg. eff. July 24, 1985; Laws 1991, c. 335, § 28, emerg. eff. June 15, 1991; Laws 1994, c. 382, § 47, eff. Sept. 1, 1994; Laws 1995, c. 76, § 3, eff. July 1, 1995; Laws 1995, c. 352, § 194, eff. July 1, 1995; Laws 1996, c. 3, § 18, emerg. eff. March 6, 1996; Laws 1997, c. 296, § 1, eff. Sept. 1, 1997; Laws 1998, c. 230, § 3, eff. Nov. 1, 1998; Laws 1999, c. 1, § 30, emerg. eff. Feb. 24, 1999; Laws 2002, c. 438, § 4, eff. July 1, 2002; Laws 2005, c. 405, § 8, eff. July 1, 2005. 

     

    NOTE: Laws 1985, c. 283, § 5 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 1994, c. 242, § 47 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 1995, c. 1, § 29 repealed by Laws 1995, c. 260, § 3, eff. July 1, 1995. Laws 1995, c. 260, § 2 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996. Laws 1998, c. 203, § 3 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999. 

     

    §74-18c-2. Repealed by Laws 1995, c. 180, § 2, eff. July 1, 1995. 

    §7418d. District attorneys, aiding and requiring aid of. 

    The Attorney General shall have authority to require the aid and assistance of district attorneys in their respective counties in the matters hereinbefore enumerated and may in any case brought to the Supreme Court or Criminal Court of Appeals from their respective counties demand and receive the assistance of the district attorney from whose county such case is brought. Any district attorney desiring the assistance of the Attorney General in any matter shall request the Governor for such assistance, and upon receiving the direction of the Governor to render such assistance, the Attorney General shall proceed immediately, compatible with the performance of his own duties to render the assistance. 

     

    Laws 1939, p. 46, § 5.  

    §7418e. Criminal actions Quo warranto Appearance before grand juries. 

    In addition to the above powers and duties, the Attorney General shall, when requested by the Governor, have power and authority to institute and prosecute criminal actions and actions in the nature of quo warranto; and shall, when requested by the Governor, compatible with the performance of his other duties, appear before and assist grand juries in their investigations. 

    Laws 1939, p. 47, § 6. 

     

    §74-18f. Investigations. 

    The Attorney General shall have authority to conduct investigations and it shall be the duty of the Department of Public Safety of the State of Oklahoma, when so directed by the Governor of the State of Oklahoma, to furnish him with investigators from the personnel of said Department, to assist in such investigations and to assemble evidence for the Attorney General in any cases to be tried or in any matters to be investigated. Likewise, it shall be the duty of the State Auditor and Inspector, upon request of the Attorney General, to furnish him with experienced auditors and/or accountants from the personnel of his department to make audits and check records for the Attorney General in any case to be tried or in any matter being investigated by the Attorney General. The cost of such services shall be borne by the entity audited. 

    Added by Laws 1939, p. 47, § 7, emerg. eff. April 21, 1939. Amended by Laws 1979, c. 30, § 136, emerg. eff. April 6, 1979; Laws 1997, c. 136, § 2, eff. July 1, 1997. 

     

    §7418g. Appearance not waiver of immunity of State. 

    The appearance of the Attorney General in any matter, proceeding or action in any court, before any commission, board or officer, shall not be construed to waive the immunity of the State of Oklahoma from being sued. 

     

    Laws 1939, p. 49, § 13.  

    §74-18m-1. Workers' Compensation Fraud Unit. 

    A. There is hereby created within the Office of the Attorney General a Workers' Compensation Fraud Unit. 

    B. The Workers' Compensation Fraud Unit, upon inquiry or complaint, shall determine the extent, if any, to which any violation has occurred of any statute or administrative rule of this state pertaining to workers' compensation fraud and may initiate any necessary investigation, civil action, criminal action, referral to the Insurance Commissioner or Insurance Department, referral to the Administrator of the Workers' Compensation Court, referral to a district attorney or referral to any appropriate official of this or any other state or of the federal government. 

    C. In the absence of fraud, bad faith, reckless disregard for the truth, or actual malice, no person, insurer, or agent of an insurer shall be liable for damages in a civil action or subject to criminal prosecution for communication, publication, or any other action taken to supply information about suspected workers' compensation fraud to the Workers' Compensation Fraud Unit or any other agency involved in the investigation or prosecution of suspected workers' compensation fraud. 

    D. The Attorney General and the Office of the Attorney General, the Insurance Commissioner and the Insurance Department, the Administrator of the Workers' Compensation Court, every district attorney and every law enforcement agency shall cooperate and coordinate efforts for the investigation and prosecution of suspected workers' compensation fraud. 

    Added by Laws 1993, c. 349, § 27, eff. Sept. 1, 1993. Amended by Laws 1994, 2nd Ex. Sess., c. 1, § 16, emerg. eff. Nov. 4, 1994. 

     

    §74-18m-2. Workers' compensation fraud - Powers of Attorney General or designee - Records, documents, reports and evidence confidential. 

    A. If the Attorney General or a designee has reason to believe as a result of inquiry or complaint that a person has engaged in or is engaging in an act or practice that violates any administrative rule or statute pertaining to workers' compensation fraud, the Attorney General or a designee shall have all of the powers of a district attorney. 

    B. Records, documents, reports and evidence obtained or created by the Office of the Attorney General as a result of workers' compensation fraud shall be confidential and shall not be subject to the Oklahoma Open Records Act or to outside review or release by any individual except when authorized by the Attorney General or when required by an administrative or judicial proceeding. 

    Added by Laws 1993, c. 349, § 28, eff. Sept. 1, 1993. 

     

    §74-18n-1. Insurance Fraud Unit. 

    A. There is hereby created within the Office of the Attorney General an Insurance Fraud Unit. 

    B. The Insurance Fraud Unit, upon inquiry or complaint or upon referral from the Insurance Department, shall determine the extent, if any, to which a violation has occurred of any statute or administrative rule of this state pertaining to insurance fraud and may initiate any necessary investigation, civil action, criminal action, referral to the Insurance Commissioner or Insurance Department, referral to a district attorney, or referral to any appropriate official of this or any other state or of the federal government. 

    C. In the absence of fraud, bad faith, reckless disregard for the truth, or actual malice, no person, insurer, or agent of an insurer shall be liable for damages in a civil action or subject to criminal prosecution for supplying information about suspected insurance fraud to the Insurance Fraud Unit of the Office of the Attorney General or any other agency involved in the investigation or prosecution of suspected insurance fraud. 

    D. The Attorney General and the Office of the Attorney General, the Insurance Commissioner, the Insurance Department, every district attorney, and every

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