1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 2039 By: Treat of the Senate
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4 and
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5 McCall of the House
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9 AS INTRODUCED
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10 An Act relating to domestic violence; creating the
10 Domestic Violence and Sexual Assault Services
11 Revolving Fund; establishing fund procedures;
11 providing sources of funds; providing for
12 expenditures from fund; prescribing qualifications
12 for entities to receive certain grants; prescribing
13 procedure for grant amounts; requiring the return of
13 certain unused grants; providing for allocation of
14 returned funds; amending 74 O.S. 2021, Section 18p-1,
14 which relates to the Victim Services Unit of the
15 Office of the Attorney General; requiring certain
15 funds be allocated to certain entity; providing for
16 codification; providing an effective date; and
16 declaring an emergency.
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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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21 SECTION 1. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 19.4 of Title 74, unless there
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23 is created a duplication in numbering, reads as follows:
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 1 A. There is hereby created in the State Treasury a revolving
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2 fund for the Office of the Attorney General to be designated the
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3 “Domestic Violence and Sexual Assault Services Revolving Fund”. The
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4 fund shall be a continuing fund, not subject to fiscal year
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5 limitations, and shall consist of all appropriations, grants, gifts,
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6 and apportionments designated for deposit in the fund. All monies
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7 accruing to the credit of the fund are hereby appropriated and may
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8 be budgeted and expended by the Office of the Attorney General for
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9 the purposes of:
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10 1. Providing statewide access to and a stable system of
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11 delivery of services to victims of domestic violence and sexual
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12 assault;
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13 2. Promoting a coordinated community approach to serving
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14 victims of domestic violence and sexual assault that includes
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15 partnerships with law enforcement, courts, hospitals, local
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16 departments of social services, and other related support agencies;
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17 and
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18 3. Providing access to equitable, appropriate, and accessible
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19 services through dedicated support of underserved population
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20 programs. For the purposes of this section, “underserved
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21 populations” shall have the same meaning as set forth in 34 U.S.C.,
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22 Section 12291.
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 1 B. To receive funds from the Domestic Violence and Sexual
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2 Assault Services Revolving Fund, an entity providing domestic
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3 violence and sexual assault victim services shall:
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4 1. Have full certification as a domestic violence and sexual
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5 assault victim service agency by the Office of the Attorney General,
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6 as provided for in Section 18p-3 of Title 74 of the Oklahoma
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7 Statutes;
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8 2. Be a nonprofit entity exempt from taxation pursuant to
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9 Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C.,
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10 501(c)(3), for the preceding three (3) years;
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11 3. Have an annual audit performed by a qualified and
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12 independent auditor; and
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13 4. Have received no administrative sanctions pursuant to state
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14 law or the Oklahoma Administrative Code.
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15 C. Subject to the availability of funds, the following amounts
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16 shall be granted each fiscal year:
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17 1. The first five percent (5%) of deposits to the Domestic
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18 Violence and Sexual Assault Services Revolving Fund to entities
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19 qualified to receive funds pursuant to subsection B of this section
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20 for at least one (1) year that serve underserved populations;
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21 2. Two Hundred Thousand Dollars ($200,000.00) to each entity
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22 qualified to receive funds pursuant to subsection B of this section,
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23 certified pursuant to paragraph 1 of subsection B of this section
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24 for at least one (1) year, and operating a shelter program; and
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 1 3. One Hundred Fifty Thousand Dollars ($150,000.00) to each
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2 entity qualified to receive funds pursuant to subsection B of this
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3 section, certified pursuant to paragraph 1 of subsection B of this
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4 section for at least one (1) year, and operating a crisis
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5 intervention center.
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6 If the total grants made pursuant to paragraphs 2 and 3 of this
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7 subsection exceed the remaining balance of the fund in any fiscal
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8 year, after grants are disbursed pursuant to paragraph 1 of this
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9 subsection, each grant shall be proportionally reduced. Entities
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10 that receive grants pursuant to paragraph 1 of this subsection shall
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11 not receive grants pursuant to paragraphs 2 and 3 of this subsection
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12 and subsections E and F of this section.
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13 D. Within the Domestic Violence and Sexual Assault Services
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14 Revolving Fund there shall be established two separate accounts.
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15 There shall be deposited into one account the sum of thirty percent
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16 (30%) of the amount of the remaining balance of the Domestic
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17 Violence and Sexual Assault Services Revolving Fund after
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18 expenditures are made pursuant to subsection C of this section, and
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19 the remainder shall be deposited into the other account.
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20 E. The funds in the account that receive thirty percent (30%)
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21 of the remaining balance pursuant to subsection D of this section
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22 shall be granted to entities qualified to receive funds pursuant to
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23 subsection B of this section and certified pursuant to paragraph 1
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24 of subsection B of this section for at least five (5) years in
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 1 counties whose population exceeds six hundred thousand (600,000)
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2 according to the latest Federal Decennial Census, in amounts needed
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3 as determined by the Office of the Attorney General. Entities
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4 certified pursuant to paragraph 1 of subsection B of this section
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5 prior to the effective date of this act shall receive priority
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6 consideration for grants provided pursuant to this subsection by the
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7 Office of the Attorney General.
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8 F. The funds in the account that receives the remainder of the
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9 remaining balance pursuant to subsection D of this section shall be
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10 granted to entities qualified to receive funds pursuant to
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11 subsection B of this section and certified pursuant to paragraph 1
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12 of subsection B of this section for at least five (5) years in
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13 counties whose population is less than six hundred thousand
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14 (600,000) according to the latest Federal Decennial Census by a
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15 weighted ratio to be calculated as follows:
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16 1. The summation of the following ratios for each county:
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17 a. the ratio that the county in square miles bears to the
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18 total area of all counties that contain entities that
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19 qualify to receive grants pursuant to this subsection,
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20 multiplied by three-tenths (0.3), and
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21 b. the ratio that the population of the county bears to
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22 the total population of all the counties that contain
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23 entities that qualify to receive grants pursuant to
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24 this subsection, multiplied by seven-tenths (0.7); and
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 1 2. If two or more entities that qualify to receive grants
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2 pursuant to this subsection are located within a county, the amount
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3 to be granted within that county shall be split equally between the
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4 entities.
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5 G. Notwithstanding any other provisions of this section, funds
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6 granted but not expended by entities that qualify to receive funds
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7 pursuant to this section shall be returned to the Domestic Violence
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8 and Sexual Assault Services Revolving Fund and allocated equally to
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9 qualifying entities with remaining services not paid for by grants
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10 issued pursuant to this section, but in no event shall the
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11 allocation exceed the amount of unpaid services.
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12 SECTION 2. AMENDATORY 74 O.S. 2021, Section 18p-1, is
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13 amended to read as follows:
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14 Section 18p-1. A. There is hereby created within the Office of
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15 the Attorney General a Victims Services Unit.
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16 B. The duty of the Unit is to provide services for persons who
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17 require domestic violence or sexual assault services through a
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18 domestic violence or sexual assault program.
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19 C. As used in this act, “domestic violence program” or “sexual
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20 assault program” means an agency, organization, facility, or person
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21 that offers, provides or engages in the offering of any shelter,
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22 residential services or support services to:
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23 1. Victims or survivors of domestic abuse as defined in Section
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24 60.1 of Title 22 of the Oklahoma Statutes, any dependent children of
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 1 such victim or survivor, and any other member of the family or
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2 household of such victim or survivor;
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3 2. Victims or survivors of sexual assault;
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4 3. Persons who are homeless as a result of domestic abuse or
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5 sexual assault or both domestic abuse and sexual assault; and
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6 4. Victims of stalking,
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7 and which may provide other services, including, but not limited to,
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8 counseling, case management, referrals or other similar services to
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9 victims or survivors of domestic abuse, sexual assault or stalking.
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10 D. As used in this act, “batterers intervention program” or
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11 “batterers treatment program” means an agency, organization,
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12 facility, or person who offers, provides or engages in the offering
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13 of counseling or intervention services to persons who commit
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14 domestic abuse.
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15 E. For any county in which there is more than one sexual
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16 assault program, domestic violence program, or batterers
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17 intervention program and one or more of the programs operates a
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18 shelter program, only the program or programs operating a shelter
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19 program shall receive grants or funding from the Victim Services
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20 Unit collected pursuant to subsection F of Section 153 of Title 28
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21 of the Oklahoma Statutes and Section 2368.22 of Title 68 of the
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22 Oklahoma Statutes.
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23 SECTION 3. This act shall become effective July 1, 2024.
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 1 SECTION 4. It being immediately necessary for the preservation
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2 of the public peace, health or safety, an emergency is hereby
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3 declared to exist, by reason whereof this act shall take effect and
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4 be in full force from and after its passage and approval.
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6 59-2-3793 QD 5/22/2024 8:07:01 PM
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