Oklahoma Sunset Law
§74-3901 through 74-3921
Unofficial Compilation as of September 1, 2009
§74 3901. Short title.
This act shall be known as the "Oklahoma Sunset Law."
Laws 1977, c. 9, § 1, emerg. eff. March 10, 1977.
§74-3902. Definitions.
As used in the Oklahoma Sunset Law:
1. "Statutory entity" means any department, agency, commission, board or other regulatory instrumentality of state government enumerated in the Oklahoma Sunset Law; and
2. "Termination date" means the date provided for termination of legislative authority for the existence of a particular entity as provided for in this act.
Added by Laws 1977, c. 9, § 2, emerg. eff. March 10, 1977. Amended by Laws 1983, c. 333, § 1, emerg. eff. June 29, 1983; Laws 1995, c. 31, § 2.
§74-3902.1. Repealed by Laws 1995, c. 31, § 7.
§74-3903. Termination of certain statutory entities July 1, 2012--Abolition of powers, duties and functions
The following statutory entities and their successors shall be terminated on July 1, 2012, and all powers, duties and functions shall be abolished one (1) year thereafter:
1. Oklahoma State Committee of Plumbing Examiners as created by Section 1004 of Title 59 of the Oklahoma Statutes;
2. Waterworks and Wastewater Works Advisory Council as created by Section 1103 of Title 59 of the Oklahoma Statutes;
3. State Board of Examiners of Certified Shorthand Reporters as created by Section 1501 of Title 20 of the Oklahoma Statutes;
4. Oklahoma Emergency Response Systems Development Advisory Council as created by Section 1-2516 of Title 63 of the Oklahoma Statutes;
5. Oklahoma Educational Television Authority as created by Section 23-105 of Title 70 of the Oklahoma Statutes;
6. State Board of Examiners of Perfusionists as created by Section 2053 of Title 59 of the Oklahoma Statutes; and
7. Public Employees Relations Board as created by Section 51-104 of Title 11 of the Oklahoma Statutes.
Laws 1977, c. 9, § 3, emerg. eff. March 10, 1977; Laws 1983, c. 333, § 3, emerg. eff. June 29, 1983; Laws 1986, c. 296, § 1, eff. July 1, 1986; Laws 1989, c. 254, § 1; Laws 1992, c. 1, § 1, emerg. eff. March 10, 1992; Laws 1997, c. 26, § 1, emerg. eff. April 1, 1997; Laws 2002, c. 331, § 1; Laws 2011, c. 47, § 1.
§74- 3904 - Termination of Certain Statutory Entities July 1, 2009 - Abolition of Powers, Duties and Functions.
The following statutory entities and their successors shall be terminated on July 1, 2013, and all powers, duties and functions shall be abolished one (1) year thereafter:
1. State Board of Cosmetology as created by Section 199.2 of Title 59 of the Oklahoma Statutes;
2. State Barber Advisory Board as created by Section 61.4 of Title 59 of the Oklahoma Statutes;
3. Oklahoma Real Estate Commission as created by Section 858-201 of Title 59 of the Oklahoma Statutes;
4. State Board of Examiners of Psychologists as created by Section 1354 of Title 59 of the Oklahoma Statutes;
5. Scenic Rivers Commission as created by Section 1461 of Title 82 of the Oklahoma Statutes;
6. Domestic Violence and Sexual Assault Advisory Council as created by Section 18p-2 of Title 74 of the Oklahoma Statutes;
7. State Board of Medical Licensure and Supervision as created by Section 481 of Title 59 of the Oklahoma Statutes;
8. Oklahoma Partnership for School Readiness Board as created by Section 640.1 of Title 10 of the Oklahoma Statutes.
Amended by Laws 1983, SB 263, c. 333, § 4, emerg. eff. June 29, 1983; Amended by Laws 1986, c. 296, § 2, emerg. eff. July 1, 1986; Amended by Laws 1991, HB 1109, c. 194, § 1; Amended by Laws 1997, HB 1025, c. 34, § 1; Amended by Laws 2000, HB2009 c. 33. § 2, eff. April 6, 2000; Amended by Laws 2003, HB 1544, c. 26 § 1, eff. August 29, 2003; Amended by Laws 2009, HB 1023, c. 24, § 1.
§74- 3905. Termination of certain statutory entities--Abolition of powers, duties and functions.
The following statutory entities and their successors shall be terminated on July 1, 2010, and all powers, duties and functions shall be abolished one (1) year thereafter:
1. State Board of Licensure for Professional Engineers and Land Surveyors as created by Section 475.3 of Title 59 of the Oklahoma Statutes;
2. Oklahoma Accountancy Board as created by Section 15.2 of Title 59 of the Oklahoma Statutes;
3. The Board of Governors of the Licensed Architects, Landscape Architects, and Interior Designers of Oklahoma as created by Section 46.4 of Title 59 of the Oklahoma Statutes;
4. Oklahoma Funeral Board as created by Section 396 of Title 59 of the Oklahoma Statutes;
5. Long-Term Care Facility Advisory Board as created by Section 1-1923 of Title 63 of the Oklahoma Statutes;
6. Commission on Marginally Producing Oil and Gas Wells as created by Section 700 of Title 52 of the Oklahoma Statutes;
7. Minority Teacher Recruitment Advisory Committee as created by Section 6-129.1 of Title 70 of the Oklahoma Statutes; and
8. Group Homes for Persons with Developmental or Physical Disabilities Advisory Board as created by Section 1430.4 of Title 10 of the Oklahoma Statutes.
Laws 1977, c. 9, § 5, emerg. eff. March 10, 1977; Laws 1979, c. 115, § 2; Laws 1983, c. 333, § 5, emerg. eff. June 29, 1983; Laws 1986, c. 296, § 3, eff. July 1, 1986; Laws 1987, c. 236, § 195, emerg. eff. July 20, 1987; Laws 1992, c. 343, § 1, eff. July 1, 1992; Laws 1995, c. 252, § 3, emerg. eff. May 25, 1995; Laws 1998, c. 205, § 1; Laws 2004, c. 93, § 1; Amended by Laws 2009, HB 1023, c. 24, § 1.
§74-3906. Termination of certain statutory entities July 1, 2015--Abolition of powers, duties and functions
The following statutory entities and their successors shall be terminated on July 1, 2015, and all powers, duties and functions shall be abolished one (1) year thereafter:
1. Polygraph Examiners Board as created by Section 1455 of Title 59 of the Oklahoma Statutes;
2. State Board of Osteopathic Examiners as created by Section 624 of Title 59 of the Oklahoma Statutes;
3. Board of Podiatric Medical Examiners as created by Section 137 of Title 59 of the Oklahoma Statutes; and
4. Oklahoma State Athletic Commission as created by Section 604.1 of Title 3A of the Oklahoma Statutes.
Laws 1977, c. 9, § 6, emerg. eff. March 10, 1977; Laws 1983, c. 333, § 6, emerg. eff. June 29, 1983; Laws 1986, c. 150, § 23, emerg. eff. April 29, 1986; Laws 1986, c. 251, § 56, eff. Nov. 1, 1986; Laws 1988, c. 225, § 23; Laws 1992, c. 147, § 11, eff. July 1, 1992; Laws 1993, c. 145, § 357, eff. July 1, 1993; Laws 1993, c. 196, § 1, eff. Sept. 1, 1993; Laws 1999, c. 238, § 1; Laws 2005, c. 24, § 1; Laws 2008, c. 329, § 20, eff. July 1, 2008; Laws 2010, c. 165, § 2; Laws 2011, c. 42, § 1.
§74-3907. Termination of certain statutory entities July 1, 2012 - Abolition of powers, duties, and functions.
The following statutory entities and their successors shall be terminated on July 1, 2012, and all powers, duties and functions shall be abolished one (1) year thereafter:
1. Board of Examiners for Speech-Language Pathology and Audiology as created by Section 1607 of Title 59 of the Oklahoma Statutes;
2. State Board of Veterinary Medical Examiners as created by Section 698.3 of Title 59 of the Oklahoma Statutes;
3. Board of Tests for Alcohol and Drug Influence as created by Section 759 of Title 47 of the Oklahoma Statutes;
4. State Anatomical Board as created by Section 91 of Title 63 of the Oklahoma Statutes;
5. Oklahoma Peanut Commission as created by Section 18-52 of Title 2 of the Oklahoma Statutes;
6. Oklahoma Wheat Utilization, Research and Market Development Commission as created by Section 18-301 of Title 2 of the Oklahoma Statutes;
7. Board of Examiners in Optometry as created by Section 582 of Title 59 of the Oklahoma Statutes;
8. State Capitol Preservation Commission as created by Section 4102 of this title;
9. Commission on County Government Personnel Education and Training as created by Section 130.1 of Title 19 of the Oklahoma Statutes;
10. Oklahoma Climatological Survey as created by Section 245 of this title;
11. The State Board of Licensed Social Workers as created by Section 1253 of Title 59 of the Oklahoma Statutes;
12. Child Death Review Board as created by Section 1150.2 of Title 10 of the Oklahoma Statutes;
13. Oversight Committee for State Employee Charitable Contributions as created by Section 7005 of this title;
14. The Wellness Council as created by Section 1382 of this title;
15. Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission as created by Section 420.22 of Title 52 of the Oklahoma Statutes;
16. Board of Chiropractic Examiners as created by Section 161.4 of Title 59 of the Oklahoma Statutes;
17. Oklahoma Music Hall of Fame Board as created by Section 231 of Title 53 of the Oklahoma Statutes; and
18. State Board of Registration for Foresters as created by Section 1203 of Title 59 of the Oklahoma Statutes.
Added by Laws 1977, c. 9, § 7, emerg. eff. March 10, 1977. Amended by Laws 1983, c. 333, § 7, emerg. eff. June 29, 1983; Laws 1987, c. 108, § 6, eff. July 1, 1987; Laws 1988, c. 225, § 24; Laws 1989, c. 210, § 4, emerg. eff. May 8, 1989; Laws 1991, c. 168, § 11, eff. July 1, 1991; Laws 1993, c. 195, § 4, eff. July 1, 1993; Laws 1994, c. 219, § 1; Laws 1994, c. 334, § 1, eff. July 1, 1994; Laws 1999, c. 19, § 2; Laws 2000, c. 158, § 1; Laws 2004, c. 93, § 3; Laws 2005, c. 168, § 6, emerg. eff. May 13, 2005; Laws 2006, c. 16, § 87, emerg. eff. March 29, 2006; Laws 2006, c. 208, § 2, eff. Nov. 1, 2006.
NOTE: Laws 2005, c. 24, § 2 repealed by Laws 2006, c. 16, § 88, emerg. eff. March 29, 2006.
§74-3908 - Termination of Certain Statutory Entities July 1, 2007 - Abolition of Powers, Duties and Functions.
The following statutory entities and their successors shall be terminated on July 1, 2013, and all powers, duties and functions shall be abolished one (1) year thereafter:
1. State Accrediting Agency as created by Section 241 of Title 72 of the Oklahoma Statutes;
2. Capitol-Medical Center Improvement and Zoning Commission as created by Section 83.1 of Title 73 of the Oklahoma Statutes;
3. Archives and Records Commission as created by Section 305 of Title 67 of the Oklahoma Statutes;
4. Domestic Violence Fatality Review Board as created by Section 1601 of Title 22 of the Oklahoma Statutes;
5. Oklahoma Energy Resources Board as created by Section 288.3 of Title 52 of the Oklahoma Statutes;
6. Advisory Committee on Pedorthics as created by Section 2305 of Title 59 of the Oklahoma Statutes;
7. Advisory Committee on Orthotics and Prosthetics as created by Section 3005 of Title 59 of the Oklahoma Statutes;
8. Sheep and Wool Utilization, Research and Market Development Commission as created by Section 18-181 of Title 2 of the Oklahoma Statutes;
9. Construction Industries Board as created by Section 1000.2 of Title 59 of the Oklahoma Statutes; and
10. Committee of Home Inspector Examiners, as created by Section 858-624 of Title 59 of the Oklahoma Statutes.
Added by Laws 1977, SB 138, c. 9, § 8, emerg. eff. March 10, 1977; Amended by Laws 1983, SB 263, c. 333, § 8, emerg. eff. June 29, 1983; Amended by Laws 1987, HB 1478, c. 118, § 58, emerg. eff. July 1, 1987; Amended by Laws 1989, SB 119, c. 254, § 2; Amended by Laws 1989, HB 1365, c. 343, § 41, emerg. eff. July 1, 1989; Amended by Laws 1995, SB 221, c. 31, § 1; Amended by Laws 2001, HB 1019, c. 276 § 1, eff. August 23, 2001; Amended by Laws 2006, SB 1076, c. 208, § 3, eff. November 1, 2006; Amended by Laws 2007, HB 1318, c. 90, § 1; Amended by Laws, SB 98, c. 188, § 22, eff. November 1, 2007.
§74 3909. One year period for ceasing affairs Abolition Transfer of funds to General Revenue Fund Payment of debts Equipment and supplies Other obligations.
A. Except as otherwise provided by law, any statutory entity listed in Sections 3903 through 3908 of this title which is terminated shall have a period of one (1) year after its termination date for the purpose of ceasing its affairs and termination shall not reduce or otherwise limit the powers, duties, or functions of said entity. Upon the expiration of the one year period, the entity and its personnel positions shall be abolished.
B. Except as otherwise provided by law, one (1) year after the termination date of a statutory entity, the State Treasurer shall transfer all funds of that entity to the General Revenue Fund. All debts of that entity shall be paid by the State Treasurer from the funds of that statutory entity. All equipment, files, fixtures, furniture, and supplies of the terminated entity shall be transferred to the Office of Public Affairs to be stored or disposed of as specified by law. Any other outstanding obligations or functions remaining to be performed after termination of an entity shall be performed by the Office of Public Affairs until provisions are made for such obligations or functions by the Legislature.
Amended by Laws 1983, c. 304, § 160, eff. July 1, 1983; Laws 1985, c. 92, § 1, eff. July 1, 1985.
§74-3910 - Repealed by Laws 1983, c. 333, § 34, eff. June 29, 1983
§74 3911. Re creation of statutory entity Status of members.
After a statutory entity has been re created by the Legislature, it shall not be necessary to reappoint any member of the governing board or commission of said statutory entity, and said members shall complete their original terms without reappointment or reconfirmation.
Amended by Laws 1983, c. 333, § 10, emerg. eff. June 29, 1983.
§74-3912. Repealed by Laws 1995, c. 31, § 7.
§74 3913. Continuatation of orders, rules, regulations, licenses, etc. Revenue bonds Actions and judicial proceedings Continuation of proceedings.
A. All orders, determinations, rules, regulations, permits, certificates, licenses, contracts, rates and privileges which have been issued, made, granted or allowed to become effective by a statutory entity abolished by this act or by any provision of law affected by this act, shall continue in effect according to their terms until terminated or modified by operation of law.
B. Notwithstanding any other provisions of this act any revenue bonds heretofore or hereafter issued or sold by a statutory entity shall remain in full force and effect, and no such statutory entity shall be terminated under the terms of this act until such outstanding revenue bonded indebtedness has been satisfied.
C. No suit, action or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity, or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this act, but the court, unless it determines that the survival of such suit, action or other proceedings is not necessary for purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate.
D. No administrative action or any judicial proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this act. Any such cause of action pending on the date the entity is terminated or that is commenced during the termination period shall be prosecuted or defended in the name of the state by the Attorney General if it would have been his duty to so prosecute or defend had the statutory entity been recreated.
Laws 1977, c. 9, § 13, emerg. eff. March 10, 1977.
§74-3914. Hearings - Burden of establishing public need - Information to be provided.
When any statutory entities are under review for sunset, said entities shall bear the burden of establishing that a sufficient public need is present which justifies their continued existence. All said entities shall provide the appropriate House and Senate sunset committees with the following information:
1. A zero-based operating budget review and analysis, including a summary of all income and expenditures;
2. The identity of all units and subunits under the direct or advisory control of the statutory entity under review;
3. All powers, duties and functions currently performed by the statutory entity under review;
4. All statutory or other authority under which said powers, duties and functions of the statutory entity are carried out;
5. Any powers, duties or functions which, in the opinion of the statutory entity under review, are being performed and duplicated by another statutory entity within the state including the manner in which, and the extent to which, this duplication of efforts is occurring and any recommendations as to eliminating such a situation;
6. Any powers, duties or functions which, in the opinion of the statutory entity under review, are inconsistent with current and projected public demands and should be terminated or altered; and
7. Any other information which the appropriate House or Senate sunset committee, in its discretion, feels is necessary and proper in carrying out its duties.
Added by Laws 1977, c. 9, § 14, emerg. eff. March 10, 1977. Amended by Laws 1983, c. 333, § 12, emerg. eff. June 29, 1983; Laws 1995, c. 31, § 3.
§74-3915. Evaluation criteria.
In evaluating each statutory entity the appropriate House or Senate sunset committee may consider factors including, but not limited to:
1. The extent to which statutory changes have been recommended which would benefit the statutory entity;
2. The extent to which operation of the statutory entity has been efficient and responsive to public needs;
3. The extent to which the public has been encouraged to participate in rule- and decision-making as opposed to participation solely by persons regulated;
4. The extent to which complaints have been expeditiously processed to completion in the public interest;
5. The extent to which affirmative action requirements of state and federal statutes and constitutions have been complied with by the agency or the industry it regulates;
6. An identification of other statutory entities having the same or similar objectives along with a comparison of the cost and effectiveness of said statutory entities and any duplication of the statutory entity under review;
7. An examination of the extent to which the objectives of the statutory entity have been achieved in comparison with the objectives as initially set forth in the enabling legislation and an analysis of any significant variance between project and actual performance;
8. A specification, to the extent feasible, in quantitative terms, of the objectives of said statutory entity for the next six (6) years; and
9. An examination of the impact of said statutory entity on the economy of the state.
Added by Laws 1977, c. 9, § 15, emerg. eff. March 10, 1977. Amended by Laws 1995, c. 31, § 4.
§74-3916. Information to be provided by State Auditor and Inspector.
The State Auditor and Inspector shall furnish, upon request of the appropriate House or Senate sunset committee, any relevant information, including the results of prior audits and reviews of any statutory entity under sunset review.
Added by Laws 1977, c. 9, § 16, emerg. eff. March 10, 1977. Amended by Laws 1983, c. 333, § 13, emerg. eff. June 29, 1983; Laws 1995, c. 31, § 5.
§74-3917. Term of statutory entity - Monitoring new statutory entities.
A. Any statutory entity enumerated in the Oklahoma Sunset Law shall, if re-created, be placed in this act to be terminated or re-created not more than six (6) years thereafter.
B. The Oklahoma Department of Libraries shall monitor actions of the State Legislature and maintain a list of all agencies, boards, commissions, committees or other entities created or authorized by law, and all entities created by a Governor's Executive Order. The updated list shall be provided to the Governor, the President Pro Tempore of the Oklahoma Senate, the Speaker of the Oklahoma House of Representatives, and the chairs of the appropriate House or Senate sunset committee within thirty (30) days after sine die adjournment of each legislative session.
Added by Laws 1977, c. 9, § 17, emerg. eff. March 10, 1977. Amended by Laws 1983, c. 333, § 14, emerg. eff. June 29, 1983; Laws 1995, c. 31, § 6; Laws 2005, c. 24, § 3.
§74 3918. Authority to terminate at earlier date.
Nothing in this act shall be construed to prohibit the Legislature from terminating a statutory entity covered by these provisions at a date earlier than that provided herein, nor to prohibit the Legislature from considering any other legislation relative to such statutory entity.
Laws 1977, c. 9, § 18, emerg. eff. March 10, 1977.
§74-3919 - Repealed by Laws 1983, c. 333, § 34, eff. June 29, 1983
§74 3920. Status and compensation of employees of terminated statutory entity.
All persons employed by any statutory entity which has been terminated by operation of the Oklahoma Sunset Law, but has been re created within one (1) year after the final termination date shall be deemed employees of the Office of Public Affairs for not more than one (1) year after such final termination date. Salaries and benefits of such employees shall continue from the final termination date until the effective date re creating the statutory entity, and shall be paid from the funds of the re created statutory entity as soon as available. For the purpose of this section "final termination date" shall mean the date on which a statutory entity's powers, duties and functions are to be abolished pursuant to the provisions of the Oklahoma Sunset Law.
After the effective date of the act re creating the statutory entity the employees shall resume their positions with the entities they were employed by on the final termination date.
The provisions of this section shall have prospective and retrospective application.
Added by Laws 1988, c. 225, § 25.
§74-3921. Termination of advisory bodies.
A. 1. Any joint resolution or bill enacted after February 1, 1993, creating or establishing advisory bodies including, but not limited to, task forces, boards, commissions, and councils, which creation or establishment is not codified in the Oklahoma Statutes, shall terminate the first day of the first regular session of the next Oklahoma Legislature unless the joint resolution or bill specifies an earlier or later termination date.
2. Any advisory bodies created by bill or joint resolution prior to February 1, 1993, which creation or establishment is not codified in the Oklahoma Statutes, shall be terminated unless the advisory body is codified in the next decennial compilation of Oklahoma laws.
B. 1. Effective January 1, 1994, except as otherwise provided by this subsection, advisory bodies including, but not limited to, task forces, boards, commissions and councils created or established by simple resolutions or concurrent resolutions passed by the Legislature or either house thereof shall terminate the first day of the first regular session of the next Oklahoma Legislature, unless such simple or concurrent resolution specifies an earlier termination date.
2. Any such advisory body created prior to January 1, 1991, by a simple or concurrent resolution passed by the Legislature or either house thereof is hereby terminated.
Added by Laws 1992, c. 310, § 16, eff. July 1, 1992. Amended by Laws 1993, c. 155, § 3, eff. July 1, 1993; Laws 1999, c. 59, § 1, eff. July 1, 1999. Renumbered from § 11b of Title 75 by Laws 1999, c. 59, § 23, eff. July 1, 1999.