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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1777 By: Conley
AS INTRODUCED
An Act relating to toxicology testing laboratories;
amending 47 O.S. 2011, Section 759, as last amended
by Section 1, Chapter 125, O. S.L. 2015 (47 O.S. Supp.
2020, Section 759), which relates to the Board of
Tests for Alcohol and Drug Influence; modifying
entities; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 759, as last
amended by Section 1, Chapter 125 , O.S.L. 2015 (47 O.S. Supp. 2020 ,
Section 759), is amended to read as follows:
Section 759. A. There is hereby re -created, to continue until
July 1, 2022, in accordance with the provisions of the Oklahoma
Sunset Law, the Board of Tests for Alcohol and Drug Influence to be
composed of the following members beginning July 1, 2015:
1. The Dean of the Oklahoma State University College of
Osteopathic Medicine, or a designee;
2. The Dean of the University of Oklahoma College of Medicine,
or a designee;
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3. The Commissioner of Public Safety, or a designee;
4. The Director of the Oklahoma State Bureau of Investigation,
or a designee;
5. The State Commissioner of Health, or a designee;
6. The Director of the Council on Law Enforcement Education and
Training, or a designee;
7. One certified peace officer who is a member of a local law
enforcement agency selected by the Oklahoma Sheriffs and Peace
Officers Association; and
8. One person selected by the Oklahoma Association of Chiefs of
Police.
Members shall serve without pay other than reimbursement of
necessary and actual expenses as provided in the State Travel
Reimbursement Act. Each member shall receive an appointment in
writing which shall become a permanent part of the records of the
Board. The chair and vice -chair shall be elected from the
membership of the Board every two (2) years. The Board is
authorized to appoint a State Director of Tes ts for Alcohol and Drug
Influence and other employees, including, but not limited to,
persons to conduct training and provide administrative assistance as
necessary for the performance of its functions, subject to available
funding and authorized full -time equivalent employee limitations.
The Board may expend appropriated funds for purposes consistent with
Sections 751 through 761 of this title and Sections 301 through 308
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of Title 3 of the Oklahoma Statutes. The Legislature shall
appropriate funds to the Department of Public Safety for the support
of the Board of Tests For Alcohol and Drug Influence Board of Tests
for Alcohol and Drug Influence and its employees, if any. Upon the
transfer of any employees from the Alcohol Drug Countermeasures Unit
of the Department of Public Safety to the Board of Tests For Alcohol
and Drug Influence Board of Tests for Alcohol and Drug Influence on
July 1, 2003, all funds of the Unit appropriated and budgeted shall
be transferred to the Board, and may be budgeted and expe nded to
support the functions and personnel of the Board.
B. Collection and analysis of a person’s blood, breath, saliva
or urine, to be considered valid and admissible in evidence, whether
performed by or at the direction of a law enforcement officer or at
the request of the tested person, shall have been performed in
compliance with the rules adopted by the Board of Tests for Alcohol
and Drug Influence and by an individual possessing a valid permit
issued by the Board for this purpose or shall have been performed by
a laboratory accredited in Toxicology by the American Society of
Crime Laboratory Directors/Laboratory Accreditation Board
(ASCLD/LAB) an accrediting body as described in Section 150.37 of
Title 74 of the Oklahoma Statutes or accredited by the American
Board of Forensic Toxicology (ABFT).
C. The Board of Tests for Alcohol and Drug Influence is
authorized to approve laboratories for the analysis, provided by the
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provisions of this title, of specimens of blood, breath, saliva and
urine, and to administer a program for regular monitoring of such
laboratories. The Board is authorized to prescribe uniform
standards and conditions for, and to approve satisfactory methods,
procedures, techniques, devices, equipment and records for tests and
analyses and to prescribe and approve the requisite education and
training for the performance of such tests and analyses. The Board
shall establish standards for and ascertain the qualifications and
competence of individuals to administer and conduct such tests a nd
analyses, and to issue permits to laboratories and to individuals
which shall be subject to suspension or revocation at the discretion
of the Board. The Board is authorized to prescribe uniform
standards, conditions, methods, procedures, techniques, de vices,
equipment and records for the collection, handling, retention,
storage, preservation and delivery of specimens of blood, breath,
saliva and urine obtained for the purpose of determining the alcohol
concentration thereof or the presence or concentrat ion of any other
intoxicating substance therein. The Board may take such other
actions as may be reasonably necessary or appropriate to effectuate
the purposes of Sections 751 through 761 of this title and Sections
301 through 308 of Title 3 of the Oklaho ma Statutes, and may adopt,
amend and repeal such other rules consistent with this chapter as
the Board shall determine proper. Laboratories accredited in
Toxicology by the American Society of Crime Laboratory
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Directors/Laboratory Accreditation Board (ASC LD/LAB) an accrediting
body as described in Section 150.37 of Title 74 of the Oklahoma
Statutes or accredited by the American Board of Forensic Toxicology
(ABFT) are exempt from the provisions of this subsection.
D. The Board shall promulgate rules adopti ng uniform standards
and conditions and rules approving devices, equipment, methods,
procedures, techniques, and records for screening tests administered
for the purpose of determining the presence or concentration of
alcohol or any other intoxicating subs tance in a person’s blood,
breath, saliva or urine. Such screening tests shall be performed in
compliance with the rules adopted by the Board of Tests for Alcohol
and Drug Influence.
E. The Board may set rules and charge appropriate fees for
operations incidental to its required duties and responsibilities.
F. There is hereby created in the State Treasury a revolving
fund for the Board of Tests for Alcohol and Drug Influence to be
designated the “Board of Tests for Alcohol and Drug Influence
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of monies received
pursuant to the provisions of subsection E of this section and any
funds previously deposited in the Board of Tests for Alcohol and
Drug Influence Revolving Fund. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Board of Tests for Alcohol and Drug Influence for operating
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expenses of the Board. Expenditures from the funds shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
G. The provisions of subsections B and C of this section shall
be retroactive.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 02/11/2021 - DO PASS.