Oklahoma § 74-150.7 - Director - Powers and duties

§ 74-150.7. Director - Powers and duties

The Director of the Oklahoma State Bureau of Investigation shall

have the following powers, duties and responsibilities:

1. To appoint or dismiss a Deputy Director to assist in the

administration of the Bureau;

2. To supervise the maintaining of all reports and records of

the Bureau and to promulgate administrative rules concerning the

destruction and retention of such records. Such records shall not

be transferred to the custody or control of the Archives and Records

Commission or be subject to the provisions of Section 590 of Title

21 of the Oklahoma Statutes. The Director may, pursuant to adopted

and promulgated administrative rule, order destruction of records

deemed to be no longer of value to the Bureau, excluding

criminalistic and investigative records which shall forever be kept

and maintained;

3. To report to the Commission at each regular meeting, or as

directed by the Commission, the current workload of the Bureau.

Such reports shall be submitted by category of the persons or

entities authorized to initiate investigations as provided for in

subsection A of Section 150.5 of this title, and any other category

the Commission may request which does not violate the

confidentiality restrictions imposed in Sections 150.1 through 152.9

of this title. Such reports shall contain the following

information:

a.

what types of investigations are pending,

b.

what new types of investigations have been opened,

c.

what types of investigations have been closed, and

d.

what criminal charges have been filed as a result of

Bureau investigations.

The reports shall not contain any information on the individual

subjects of the investigation or persons questioned in connection

with an investigation. These reports shall be open for public

inspection;

4. To designate positions, appoint employees and fix salaries

of the Bureau, other than the salaries established by subsection A

of Section 150.6a of this title, and to authorize the payment of

necessary certification expenses for the employees;

5. To authorize the purchase and issuance of uniforms for all

law enforcement officers, criminalists, and other personnel of the

Bureau as designated by the Director and to purchase and issue

necessary equipment for all employees of the Bureau. All uniforms

and equipment shall be used only in the performance of the official

duties of the officers, criminalists or other personnel and shall

Oklahoma Statutes - Title 74. State Government

remain the property of the Bureau except as otherwise provided by

law;

6. To enter into local cooperative agreements with local law

enforcement agencies for the purpose of appointing affiliate task

force agents to assist the Bureau in the investigation of major

crimes under the jurisdiction of the Bureau. Affiliate task force

agents shall be employees and commissioned law enforcement officers

of the local law enforcement agency entering into agreement with the

Bureau and shall not be employees of the Bureau. Affiliate task

force agents shall have general peace officer powers and the

authority to arrest persons throughout the state while serving as an

affiliate task force agent. Affiliate task force agents serve

solely at the discretion and will of the Director. The Director may

renew, suspend, or revoke any agreement appointing an affiliate task

force agent at any time; and

7. To enter into interagency transfers with the Oklahoma

Highway Patrol, the Oklahoma Bureau of Narcotics and Dangerous Drugs

and the Oklahoma Alcoholic Beverages Laws Enforcement Commission as

provided for in Section 1 of this act.

Added by Laws 1976, c. 259, § 7, operative July 1, 1976. Amended by

Laws 1998, c. 305, § 2, eff. July 1, 1998; Laws 1999, c. 230, § 2,

emerg. eff. May 26, 1999; Laws 2002, c. 42, § 1, eff. Nov. 1, 2002;

Laws 2015, c. 136, § 1, eff. Nov. 1, 2015; Laws 2019, c. 64, § 2,

eff. Nov. 1, 2019; Laws 2021, c. 95, § 5, eff. Nov. 1, 2021.

§74-150.7a. Motor vehicle theft unit.

A. The Director of the Oklahoma State Bureau of Investigation

shall, pursuant to Section 150.2 of this title, have the authority

to investigate, detect, institute, and maintain actions involving

vehicle theft.

B. Any commissioned employee of the Oklahoma State Bureau of

Investigation may:

1. Conduct investigations of organized motor vehicle or heavy

equipment theft rings;

2. Determine sources and outlets for stolen motor vehicles,

motor vehicle parts or heavy equipment;

3. Investigate any theft of a motor vehicle, motor vehicle

parts or heavy equipment for which the Agency receives notice;

4. Arrest or cause the arrest of any person when reasonable

grounds exist to believe that such person has stolen a motor

vehicle, motor vehicle parts or heavy equipment;

5. Coordinate the effort of this state to reduce motor vehicle

theft with local, state and federal law enforcement agencies; or

6. Develop educational programs on detection and prevention of

motor vehicle theft.

Oklahoma Statutes - Title 74. State Government

Added by Laws 1982, c. 197, § 1, operative July 1, 1982. Amended by

Laws 1986, c. 46, § 2, eff. Nov. 1, 1986; Laws 2001, c. 74, § 1,

eff. Nov. 1, 2001; Laws 2006, c. 303, § 2, eff. Nov. 1, 2006.

§74-150.7b. Disclosure of motor vehicle theft or insurance fraud Definitions.

As used in Sections 1 through 5 of this act:

1. "Authorized governmental agency" means:

a.

the Department of Public Safety, a police

department of any city or town, a county sheriff's department, or

any duly constituted criminal investigative department or agency of

the United States, or

b.

a district attorney or the prosecuting attorney

of any municipality or of the United States or any judicial district

of the United States; and

2. "Insurer" means any insurer admitted in this state to write

insurance for motor vehicles or otherwise liable for any loss due to

motor vehicle theft or motor vehicle insurance fraud.

Added by Laws 1988, c. 201, § 1, eff. Nov. 1, 1988.

§74-150.7c. Relevant information - Written request - Duty to inform

governmental agency - Release of information.

A. On written request to any insurer by an authorized

governmental agency, the insurer or an agent authorized by an

insurer to act on its behalf shall release to the authorized

governmental agency any relevant information that the authorized

governmental agency requests and that the insurer has relating to

any specific motor vehicle theft or motor vehicle insurance fraud.

Relevant information shall include but not be limited to:

1. Insurance policy information relevant to the specific motor

vehicle theft or motor vehicle insurance fraud under investigation,

including any application for the policy;

2. Policy premium payment records that are available;

3. History of previous comprehensive and collision claims made

by the insured;

4. Information relating to the investigation of the motor

vehicle theft or motor vehicle insurance fraud, including statements

of any person, proofs of loss, and notice of loss; and

5. Information on payment of claims for motor vehicles which

are so damaged that the vehicle cannot be repaired or rebuilt.

B. An insurer or an agent authorized by an insurer to act on

its behalf shall notify the authorized governmental agency if the

insurer or agent:

1. Knows the identity of a person whom the insurer or agent has

reason to believe committed a criminal or fraudulent act relating to

a motor vehicle theft or motor vehicle insurance claim; or

Oklahoma Statutes - Title 74. State Government

2. Has knowledge of a criminal fraudulent act relating to a

motor vehicle theft or motor vehicle insurance claim that is

reasonably believed not to have been reported to an authorized

governmental agency; or

3. Has a claim for a motor vehicle which is so damaged that the

vehicle cannot be repaired or rebuilt.

C. The authorized governmental agency, if provided with

information pursuant to this section, may release or provide the

information to any other authorized governmental agencies.

Added by Laws 1988, c. 201, § 2, eff. Nov. 1, 1988.

§74-150.7d. Confidentiality.

Any information furnished as provided by Sections 1 through 4 of

this act shall be privileged and not a part of any public record.

Except as otherwise provided by law, the Oklahoma State Bureau of

Investigation, any authorized governmental agency, insurer, or agent

authorized by an insurer to act on its behalf that receives any

information furnished as provided by Sections 1 through 4 of this

act shall not release the information to the public. The evidence

or information shall not be subject to a subpoena or subpoena duces

tecum in a civil or criminal proceeding unless, after reasonable

notice to any insurer, an agent authorized by an insurer to act on

its behalf, the Oklahoma State Bureau of Investigation, or any

authorized governmental agency that has an interest in the

information, and after a hearing, a court determines that the public

interest and any ongoing investigation by the Oklahoma State Bureau

of Investigation, authorized governmental agency, insurer, or agent

authorized by an insurer to act on its behalf will not be

jeopardized by obedience to the subpoena.

Added by Laws 1988, c. 201, § 3, eff. Nov. 1, 1988.

§74-150.7e. Liability of insurer.

In the absence of fraud or malice, an insurer or person who

furnishes information on behalf of an insurer shall not be liable

for damages in a civil action or subject to criminal prosecution for

oral or written statements made or any other action taken necessary

to supply information required pursuant to this act.

Added by Laws 1988, c. 201, § 4, eff. Nov. 1, 1988.

§74-150.7f. Violations - Penalties.

It is unlawful for any insurer or agent authorized by the

insurer to act on its behalf to violate any provision of Sections 1

through 4 of this act. Any person convicted of suchviolation shall

be guilty of a misdemeanor punishable by the imposition of a fine of

not more than Five Hundred Dollars ($500.00) or by imprisonment in

the county jail for not more than six (6) months, or by both such

fine and imprisonment. Furthermore, upon such conviction, the

Oklahoma Statutes - Title 74. State Government

license and/or authorization to transact insurance business in this

state may be revoked by the Insurance Commissioner.

Added by Laws 1988, c. 201, § 5, eff. Nov. 1, 1988.