A. The transportation of all unlawful oil or unlawful gas is hereby declared to be a public nuisance and such unlawful gas or unlawful oil shall be forfeited to the state. Except as provided by this section and Section 8 of this act all vehicles being used to transport said unlawful oil or unlawful gas shall also be forfeited to the state.
B. Except as authorized by subsection C of this section, all property taken or detained under this section by any authorized person shall not be repleviable, and shall be deemed to be in the custody of the office of the district attorney of the county in which such property was seized, subject only to the decree of a court of competent jurisdiction. If sufficient evidence exists, as determined by the district attorney, that any oil or gas seized is unlawful oil or unlawful gas or that any vehicle seized was used to transport such unlawful oil or unlawful gas, said district attorney shall follow the procedures provided in Section 8 of this act dealing with notification of seizure, intent and forfeiture, final disposition procedures, and release to innocent claimants with regard to all property seized by such authorized persons. If sufficient evidence does not exist, as determined by the district attorney, that any oil or gas seized is unlawful oil or unlawful gas or that any vehicle seized was used to transport such unlawful oil or unlawful gas, the district attorney may release such oil or gas or vehicle but shall notify any appropriate state or federal agency of any possible permit or license violations.
C. 1. The owner of a vehicle, upon submission of a written statement, under oath, to the office of the district attorney of the county in which said property was seized that such owner had no knowledge of the unlawfulness of the oil or gas or that the oil or gas became unlawful without his knowledge after the creation of his interest or that the vehicle was being used for the purpose charged without his knowledge, and upon execution of a lien pursuant to this subsection and entry of the lien on the certificate of title, shall be entitled to recover the possession of the vehicle prior to the commencement of the action.
2. The office of the district attorney of the county in which property was seized shall have a lien upon any vehicle seized pursuant to this section. If the title to the vehicle is not with the person from whom such vehicle was seized, the person having title shall be given notice within five (5) days of such seizure and of the opportunity to recover the vehicle pursuant to this subsection. The lien on such vehicle shall be preferred to all other liens or encumbrances which may attach to or upon such vehicle.
3. The office of the district attorney claiming the lien within ten (10) days of seizure of the vehicle shall file in the office of the county clerk of the county in which such property was seized a statement verified by affidavit setting forth:
In addition, the office of the district attorney claiming the lien shall provide for the entry of the lien on the certificate of title pursuant to the Motor Vehicle Title Act. Such statement shall be filed and the lien recorded on the certificate of title prior to the recovery of the vehicle by the owner pursuant to this subsection.
4. Any person having title to the seized vehicle on which a lien is claimed pursuant to this subsection may at any time discharge the lien by depositing with the county clerk of the county in which property was seized a corporate surety bond made payable to the state in an amount not less than the value of the vehicle seized. Within three (3) business days after the deposit of bond is made, the county clerk shall serve upon the office of the district attorney claiming the lien, written notice setting forth:
The party seeking to discharge the lien shall prepare and deliver the notice to the county clerk of the county in which the property was seized and pay a fee of Five Dollars ($5.00) to cover the cost of filing and mailing. An abbreviated notice may be used if the same refers to and encloses a copy of the lien claim and a copy of the bond with the clerk's filing stamp thereon. The notice shall be mailed by registered or certified mail at the option of the county clerk.
If a bond is deposited, the district attorney shall have five (5) days after the notice is mailed within which to file a written objection with the county clerk of said county. If a written objection is not timely made, the county clerk shall immediately show the lien released of record. If an objection is timely made, the county clerk shall set a hearing within five (5) days thereafter and notify by ordinary mail both the office of the district attorney and the party making the deposit of the date and time thereof. The only grounds for objection shall be that: The surety is not authorized to transact business in this state; the bond is not properly signed; the amount is less than the value of the vehicle seized; the power of attorney of the surety's attorney-in-fact does not authorize the execution; there is no power of attorney attached if the bond is executed by anyone other than the surety's president and attested by its secretary; or a cease and desist order has been issued against the surety either by the Insurance Commissioner or a court of competent jurisdiction. Within two (2) business days following the hearing the county clerk shall either sustain or overrule the objections and notify the parties of his ruling by ordinary mail. If the objections are sustained, the ruling of the county clerk shall be conclusive for lien release purposes unless appealed within ten (10) days to the district court. If the objections are overruled, the county clerk shall immediately show the lien released of record.
The bond shall: Name the office of the district attorney in which the property was seized as obligee and the party seeking the release as principal; be executed by both the principal and the surety; have a proper power of attorney attached if executed by an attorney-in-fact; be executed by a corporate surety authorized to transact business in this state; and be conditioned that the principal and surety will pay the full amount of the claim as established in any appropriate court proceeding, plus any court costs, but in no event shall the liability of the principal or surety under the bond exceed the bond penalty. The conditions of any bond filed pursuant to this section shall be deemed to comply with the requirements hereof, regardless of the language or limitations set forth therein, if both the principal and surety intend that the bond be filed to secure a lien release under this section.
The bond shall stand in lieu of the released lien. The bond shall stand liable for such principal, interest, and court costs. The bond principal and surety are necessary parties to an action against the substituted security, and by filing a bond the parties subject themselves to personal jurisdiction in the court where the action is properly filed and may be served with process as in other cases.
5. If the district attorney fails to file a forfeiture proceeding pursuant to Section 8 of this act, upon application of the party filing the bond and the payment of a fee of Ten Dollars ($10.00), the county clerk shall appropriately note on the bond that the same has been released. The clerk shall not incur liability to any lien claimant for the release of a bond in good faith.
6. Upon conviction of the owner of the vehicle for violating the provisions of this act, the vehicle so seized upon which a lien has been filed pursuant to this subsection or any bond posted for the discharge of the lien on such vehicle shall be forfeited to the state pursuant to forfeiture proceedings provided by Section 8 of this act.
7. Upon the acquittal of such person charged with violating the provisions of this section or upon the dismissal with prejudice of said charge against such person or it is shown that the owner of such vehicle was not knowledgeable concerning the illegal use of his vehicle, the lien on the vehicle shall be immediately discharged in accordance with procedures for the discharge of liens, or the bond posted shall be returned to the person posting such bond.
Added by Laws 1985, c. 187, § 7, eff. Nov. 1, 1985.
Structure Oklahoma Statutes
§74-2. May remove officers appointed.
§74-2.1. Filing of Gubernatorial appointments with Senate.
§74-2.2. Vacancies requiring legislative confirmation - Interim appointments.
§74-2.3. "Congressional district" defined.
§74-2.4. Change in number of congressional districts - Conflicts in board membership requirements.
§74-3.1. Recording of official acts
§74-4. Military record to be kept.
§74-6. May employ counsel for State.
§74-7. Maintenance of Governor's mansion.
§74-8. Governor - Incapacity - Devolution of powers and duties.
§74-9.2. SECTION 74-9.2 Other necessary committees - Expenses.
§74-9.23. Director - Appointment, duties and compensation of employees
§74-9.25. Assistance of Governor's advisory committees.
§74-9.26. Governor's Advisory Committee to the Office of Disability Concerns.
§74-9.27. Rules and regulations.
§74-9.27A. Client Assistance Program.
§74-9.29. The Governor's Advisory Committee on Employment of People with Disabilities - Creation.
§74-9.30. Purpose of act - Cooperation with other agencies.
§74-9.32. Executive committee.
§74-9.33. Office of Disability Concerns Revolving Fund.
§74-9.34. Gifts, donations, bequests or grants.
§74-9.35. Nonpartisan and nonprofit character of Committee.
§74-10. Compensation when acting as Governor.
§74-10.3. Cabinet system to be created.
§74-18. Attorney General as chief law officer.
§74-18b. See the following versions:
§74-18d. District attorneys, aiding and requiring aid of.
§74-18e. Criminal actions - Quo warranto - Appearance before grand juries.
§74-18g. Appearance not waiver of immunity of State.
§74-18l. Collection of fees for legal services from certain agencies.
§74-18n-1. Insurance Fraud Unit.
§74-18n-2. Power of Attorney General to investigate insurance fraud – Confidentiality of records.
§74-18p-1. Victims Services Unit.
§74-18p-2. Domestic Violence and Sexual Assault Advisory Council.
§74-18p-5. Statewide telephone communication service for victims.
§74-18p-8. Oversight by Attorney General - Collection and confidentiality of information records.
§74-18p-9. Crime victim and witness notification and victim protective order system.
§74-18p-10. Oklahoma Witness Protection Program.
§74-18q. State Reserved Powers Protection Unit.
§74-18r. Human Trafficking Response Unit.
§74-19.1. Attorney General's Law Enforcement Revolving Fund.
§74-19.2. Attorney General's Workers' Compensation Fraud Unit Revolving Fund.
§74-19.3. Attorney General’s Insurance Fraud Unit Revolving Fund.
§74-19a. Disbursements - Audits.
§74-20f. State officer or employee - Legal defense services.
§74-20g. Defense duties - Evidence
§74-20k. Justice Reinvestment Grant Program.
§74-20l. Collection of information by the Office of Attorney General.
§74-21b. Assistant Attorneys General - Other employees - Appointments - Duties and compensation.
§74-28. First Assistant Attorney General.
§74-28c. Appointment of assistants and employees - Term.
§74-28d. Certain offices not affected by this act.
§74-29. Designation as Natural Gas Curtailment and Regulation Hearings Counsel.
§74-30.1. Short title - Oklahoma Commission on Opioid Abuse Act.
§74-30.2. Creation of Commission – Members - Duties.
§74-30.3. Short title - Political Subdivisions Opioid Abatement Grants Act.
§74-30.6. Oklahoma Opioid Abatement Revolving Fund.
§74-30.7. Oklahoma Opioid Abatement Board.
§74-30.8. Disbursement of grants.
§74-30a. Legislative findings.
§74-30d. Termination of Board.
§74-51.1. Oklahoma Office of Homeland Security.
§74-51.1a. Interoperable public safety communications planning.
§74-51.2. Oklahoma Homeland Security Revolving Fund.
§74-51.2a. Emergency preparedness grants.
§74-51.2b. Oklahoma School Security Grant Program Act.
§74-51.2c. Oklahoma School Security Revolving Fund.
§74-51.2d. Oklahoma School Security Institute.
§74-51.3. Regional advisory councils.
§74-61.3. Experts and assistants.
§74-61.8. Reduction of property owned and leased by the state.
§74-62.5. Special cash fund - Creation.
§74-62.6. List of surplus property - Authorization to sell, trade or redistribute.
§74-62.8. Acquisition of fire protection equipment or vehicles.
§74-63. General powers and authority of Office of Management and Enterprise Services.
§74-63.1. Building and Facility Revolving Fund.
§74-63.2. Asbestos Abatement Revolving Fund.
§74-63.4. State Surplus Auction petty cash fund.
§74-63.6. Alternative process for certain business operations - Academic health centers
§74-66. Restrictions - Interest in other business or in state contracts.
§74-71. Taking of rebates by officer of Office of Management and Enterprise Services a felony.
§74-72. Monuments and markers.
§74-74.1. Regional service offices - Assistance to state agencies - Priority of buildings used.
§74-75. Capitol Cafeteria Revolving Fund - Establishment - Use.
§74-75a. Capitol cafeteria petty cash fund.
§74-76. Mailing service - Interagency communications and deposit of state mail.
§74-76a. Appropriations for mailing service - Statement of operations.
§74-76b. Financial statement of mailing service.
§74-76c. Postal Services Revolving Fund.
§74-77d. Oklahoma War Veterans Commission - Assignment of building.
§74-78a. Requisition of motor vehicles.
§74-78b. State agencies - Notice of disposal of vehicles - When disposal permitted.
§74-78c. State Fleet Management Fund.
§74-78e. Fleet Management Division.
§74-78f. Compressed natural gas (CNG) fueling stations.
§74-80.1. Fleet Management Division – Exchange of information.
§74-85.1. Short title - Oklahoma Central Purchasing Act.
§74-85.3A. Exempted entities - State purchasing contracts advisory committee.
§74-85.5. Powers and duties of State Purchasing Director.
§74-85.5.1. Privatization Projects.
§74-85.5a. State purchase card program.
§74-85.6. Grade and quality of acquisitions.
§74-85.7. Acquisition initiation – Submission of requisition.
§74-85.12. Act not to affect nonconflicting procedures — Acquisitions excluded.
§74-85.12b. Leasing, chartering or contracting for aircraft.
§74-85.17A. Bidding preferences - Reciprocity - Awarding contracts.
§74-85.22. Competitive bid or contract for goods or services – Form of certification.
§74-85.33. Registration of State Vendors Revolving Fund.
§74-85.33A. Contract Management Revolving Fund.
§74-85.39. Agency internal purchasing procedures.
§74-85.40. Travel expenses to be included in bid, proposal, or quotation.
§74-85.41. Professional services contracts.
§74-85.41A. Emergency acquisitions.
§74-85.42. One-year limitation on entering contracts with certain persons - Exceptions.
§74-85.43. Annual report of acquisitions.
§74-85.44B. Payment for goods or services pursuant to contract.
§74-85.44D.1. Sole source or sole brand acquisition.
§74-85.44E. Disabled Veteran Businesses – Bonus preference.
§74-85.45. Oklahoma Minority Business Enterprise Assistance Act.
§74-85.45a. Legislative intent.
§74-85.45c. Bid-preference program.
§74-85.45d. Inability to award contract under preference program.
§74-85.45e. Certification as minority business enterprise.
§74-85.45f. Report on contracts awarded to minority business.
§74-85.45g. Assignment of contracts.
§74-85.45h. Prohibited acts - Penalty.
§74-85.45i. Studies to determine disparity in minority business.
§74-85.45j.11. Oklahoma Supplier Diversity Initiative.
§74-85.45k. State Travel Office.
§74-85.45l. Trip Optimizer system – Purpose and application - Exceptions.
§74-85.47b. Administrator - Powers and duties.
§74-85.47c. Small Business Surety Bond Guaranty Fund.
§74-85.47d. Guaranty capabilities of program - Terms of guaranty - Establishment of indemnity fund.
§74-85.47e. Requirements to obtain surety bond guaranty - Applications.
§74-85.47f. Premiums and fees.
§74-85.47g. Administration of program.
§74-85.47h. Prohibited acts - Penalties.
§74-85.47i. Implementation of act - Rules and regulations.
§74-85.47j. Liability of state limited.
§74-85.52. Intent of Legislature - Implementation of act - Exemptions.
§74-85.54. Division and Director - Duties and responsibilities.
§74-85.55. Public entities - Powers, duties and responsibilities.
§74-85.55a. Information clearinghouse - Joint agreements and contracts - Interstate transactions.
§74-85.56. State Recycling Revolving Fund - Use of revenues from sale of waste materials.
§74-85.58B. Risk management insurance coverage - Fire protection.
§74-85.58C. Risk management insurance coverage - Rural gas districts.
§74-85.58D. Risk Management Fire Protection Revolving Fund.
§74-85.58E. Risk management insurance coverage - Transportation for the elderly and handicapped.
§74-85.58F. Tort liability coverage for counties providing juvenile detention facilities.
§74-85.58G. Risk Management Elderly and Handicapped Transportation Revolving Fund.
§74-85.58I. Conservation districts - Participation in the Risk Management Program.
§74-85.58J. Foster family homes - Property and casualty insurance.
§74-85.58K. Risk Management Revolving Fund.
§74-85.58L. Risk Management Political Subdivision Participation Revolving Fund.
§74-85.58N. Quick Settlement Account.
§74-85.58P. Risk Management Public Transit Revolving Fund.
§74-85.58Q. Purchase of blanket bond for state officers and employees - Bond exclusive.
§74-85.58R. Elective state officers - Blanket bond.
§74-85.58S. Classification of officers and employees for coverage under bond.
§74-85.58T. Schedule of amounts of surety required.
§74-85.58U. Statutorily required bonds.
§74-85.58V. Purchasing Division to purchase all bonds - Payment of premiums - Approval.
§74-88.2. Report of deviation.
§74-90.2. Payment of postal expense.
§74-90.4. Installation cost and rental fees - Payment.
§74-90.6. Purchase of imported beef by state agencies and political subdivision prohibited.
§74-95. Trade or transfer of products of state institutions.
§74-109.1. Renumbered as § 320 of Title 61 by Laws 2013, c. 209, § 32, eff. July 1, 2013.
§74-110.1. Inventory by Office of Management and Enterprise Services.
§74-110.2. Inventory records of departments, boards, etc.
§74-110.3. State agencies - Inventory record of motor vehicles.
§74-110.4. Higher Education Facilities Revolving Fund – Accounts and purpose.
§74-111. Office of State Printer abolished - Duties transferred - Letting contracts.
§74-121. Contract for auditing of books of state commissions or departments.
§74-123f. Convict-made goods - Sale or distribution prohibited - Exceptions.
§74-130. Alternative fuels - Transfer of powers, duties and responsibilities.
§74-130.3. Conversion of school and government vehicles to operate on alternative fuel.
§74-130.4. Oklahoma Alternative Fuels Conversion Fund.
§74-130.6. Fund expenditures not deemed debt of government entity.
§74-130.7. Compliance with Act.
§74-130.8. Pricing and selling of transportation fuels not to be regulated by governmental entity.
§74-130.9. Rules and regulations.
§74-130.25. Compressed Natural Gas Conversion Safety and Regulation Fund.
§74-150.3. State Bureau of Investigation Commission.
§74-150.4. Commission - Powers and duties.
§74-150.5. Investigations - Persons to initiate request.
§74-150.6. Director - Qualifications
§74-150.7. Director - Powers and duties.
§74-150.7a. Motor vehicle theft unit.
§74-150.7b. Disclosure of motor vehicle theft or insurance fraud - Definitions.
§74-150.7e. Liability of insurer.
§74-150.7f. Violations - Penalties.
§74-150.8a. Employee performance recognition program - Awards.
§74-150.9b. National Crime Prevention and Privacy Compact.
§74-150.10. Uniform crime reporting system.
§74-150.11. Evidentiary property – Disposition.
§74-150.12. Mandatory reporting of fingerprint and criminal history information.
§74-150.12B. Forms for reporting domestic abuse - Report of incidents.
§74-150.13. Rangers - Appointment.
§74-150.13A. Oil and gas industry crimes - Special officers.
§74-150.16. Rental or charter of aircraft.
§74-150.17a. Transfers of Criminal Justice Resource Center functions.
§74-150.19a. OSBI Revolving Fund.
§74-150.21. Legal division established - Duties - Restrictions.
§74-150.21a. Crimes information unit.
§74-150.21b. OSBI reports concerning use of deadly force.
§74-150.22. Special motor carrier enforcement officers - Transfer to State Bureau of Investigation.
§74-150.26. Information transmittal - Forms and procedures.
§74-150.27a. OSBI Combined DNA Index System (CODIS) Database.
§74-150.28a. Statewide electronic tracking system for sexual assault evidence collection kits.
§74-150.28b. Standardized sexual assault evidence kit.
§74-150.28c. Priority protocol for testing untested sexual assault evidence kits.
§74-150.30. Audits of petty cash fund.
§74-150.31. Business operations - Rules and procedures - Accounts receivable.
§74-150.32. Firearms Laboratory Improvement Fund.
§74-150.34. Judicial background investigations.
§74-150.35. Forensic Science Improvement Revolving Fund – Creation - Use of fund
§74-150.37. Definitions - Accreditation - Evidence in criminal trials.
§74-150.38. Child Abuse Response Team (CART) - Employees - Qualifications - Report.
§74-151.1. Internet Crimes Against Children unit - Local cooperative agreements.
§74-151.3. Unidentified persons – Missing persons – Data procedures.
§74-152.3. Additional powers and duties of Bureau.
§74-152.4. Oil reclamation - Inspections.
§74-152.5. Disposition of monies - Reports - Oil and Gas Theft Recovery Revolving Fund.
§74-152.7. Failure to stop vehicle or permit inspection - Penalties - Disposition of monies.
§74-152.9. Seizure and forfeiture proceedings.
§74-152.10. Additional employees for investigation of oil field theft and fraud.
§74-152.11. Bill of sale or invoice – Records - Violation.
§74-166.1. Creation - Director - Contracts.
§74-166.2. Commission for Rehabilitation Services - Powers and duties.
§74-166.3. Meetings - Secretary - Employees - Office.
§74-166.4. Transfer of Rehabilitation Services Division of Department of Human Services.
§74-166.7. Rehabilitation Services Disbursing Fund.
§74-166.9. Donations of tax refunds to School for the Blind/School for the Deaf – Revolving fund.
§74-166.10. Short title - Purpose.
§74-166.11. Ticket to Work and Self-Sufficiency Program.
§74-168.1. Travis Leon Harris Building - Designation.
§74-168.2. Travis Leon Harris Building - Marker.
§74-174. Investigation of state eleemosynary institutions.
§74-175. Report to Governor of investigation.
§74-177. Investigation of complaints against hospitals and homes.
§74-188. Inspection of domiciliary facilities.
§74-190. Transfer of employees to State Commissioner of Health - Status.
§74-191. Transfer of employees from other state agencies - Status.
§74-192. Inspection of city and county jails - Standards.
§74-193. Right of entry - Report of inspection.
§74-194. Deficient facility - Closing.
§74-195. Contracts for incarceration of prisoners.
§74-197. Administrative Procedures Act - Application.
§74-212.2. Contracting with counties for development of uniform computer systems.
§74-212.3. Form for joint school district millage certifications.
§74-212.4. Assistants to State Auditor and Inspector.
§74-212A. Audits of government entities.
§74-212B. Format of electronic submissions to State Auditor and Inspector.
§74-213. Examination of public institutions - Quality control reviews - Special audits.
§74-213.2. Performance Audit Division.
§74-216. Annual report to governor - Other reports.
§74-219A. Education and training of staff members.
§74-223. Report of irregularities and derelictions - Prosecution by Attorney General.
§74-225. Reports as additional - Public Records.
§74-227.3. Deposit of revenue into fund.
§74-227.6. Payments into fund - Disbursements.
§74-227.8. Payment for services by state agencies - Agreements - Deposits.
§74-227.9. State Auditor and Inspector Revolving Fund.
§74-228. Internal audits - Supervisory responsibility.
§74-229. Internal audit reports.
§74-232. Direction and supervision.
§74-238. Located at university.
§74-241. Survey created - Supervision - Object and duties.
§74-245. Survey created - Director - Object and duties - Copies - Report.
§74-250.4. State officers - Salaries.
§74-250.4a. Legislators - Salary or emoluments.
§74-250.7. Corporation Commission members - Chairman.
§74-255. Appointments and tenure - Citizenship - Exceptions.
§74-271. Senate and House of Representatives - Powers as to employees.
§74-283. Salaries fixed by statute are maximum salaries - No claim for excess above appropriation.
§74-284.2. Pay increase funds - Prohibition of expenditure for contracted private employees.
§74-291.1. Legislators - Per diem.
§74-291.1a. Legislators - Mileage and per diem.
§74-291.1b. Legislators - Reimbursable trips.
§74-291.3. Advice to Legislature - Travel expenses.
§74-291.10. Staff Review Committee of the Senate - Membership - Clerk.
§74-291.11. Meetings - Duties.
§74-291.19. Incentive bonuses.
§74-292.2. Permanent employees of House of Representatives - Salaries and emoluments.
§74-292.2a. Temporary employees of House of Representatives - Compensation.