Oklahoma 2022 Regular Session

Oklahoma House Bill HB1777 Compare Versions

Version 1 (Old)

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	30	+	March 29, 2021
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3	34		BILL NO. 1777 By: Conley of the House
4	35
5	36		and
6	37
7	38		Weaver of the Senate
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13	43		An Act relating to toxicology testing laboratories;
14	44		amending 47 O.S. 2011, Section 759, as last amended
15	45		by Section 1, Chapter 125, O.S.L. 2015 (47 O.S. Supp.
16	46		2020, Section 759), which relates to the Board of
17	47		Tests for Alcohol and Drug Influence; modifying
18	48		entities; and providing an effective date.
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22		-	SUBJECT: Toxicology testing laboratories
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24	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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26	54		SECTION 1. AMENDATORY 47 O.S. 2011, S ection 759, as last
27	55		amended by Section 1, Chapter 125 , O.S.L. 2015 (47 O.S. Supp. 2020 ,
28	56		Section 759), is amended to read as follows:
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30	57		Section 759. A. There is hereby re -created, to continue until
31	58		July 1, 2022, in accordance with the provisions of the Okla homa
32	59		Sunset Law, the Board of Tests for Alcohol and Drug Influence to be
33	60		composed of the following members beginning July 1, 2015:
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35	61		1. The Dean of the Oklahoma State University College of
36	62		Osteopathic Medicine, or a designee;
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38	63		2. The Dean of the University of Oklahoma College of Medicine,
39	64		or a designee;
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41	92		3. The Commissioner of Public Safety, or a designee;
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43	93		4. The Director of the Oklahoma State Bureau of Investigation,
44	94		or a designee;
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46		-	5. The State Commissioner o f Health, or a designee; ENR. H. B. NO. 1777 Page 2
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	95	+	5. The State Commissi oner of Health, or a designee;
48	96		6. The Director of th e Council on Law Enforcement Education and
49	97		Training, or a designee;
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51	98		7. One certified peace officer who is a member of a local law
52	99		enforcement agency selected by the Oklahoma Sheriffs and Peace
53	100		Officers Association; and
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55	101		8. One person selected by the Oklah oma Association of Chiefs of
56	102		Police.
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58	103		Members shall serve without pay other than reimbursement of
59	104		necessary and actual expenses as provided in the State Travel
60	105		Reimbursement Act. Each member shall receiv e an appointment in
61	106		writing which shall become a perm anent part of the records of the
62	107		Board. The chair and vice -chair shall be elected from the
63	108		membership of the Board every two (2) years. The Board is
64	109		authorized to appoint a State Director of Tests for Alcohol and Drug
65	110		Influence and other employees, inclu ding, but not limited to,
66	111		persons to conduct training and provide administrative assistance as
67	112		necessary for the performance of its functions, subject to available
68		-	funding and authorized full -time-equivalent employee limitations.
	113	+	funding and authorized full -time equivalent employee limitations.
69	114		The Board may expend appr opriated funds for purposes consistent with
70	115		Sections 751 through 761 of this title and Sections 301 through 308
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71	143		of Title 3 of the Oklahoma Statutes. The Legislature shall
72	144		appropriate funds to the Depart ment of Public Safety for the support
73	145		of the Board of Tests For for Alcohol and Drug Influence and its
74	146		employees, if any. Upon the transfer of any employees from the
75	147		Alcohol Drug Countermeasures Unit of the Department of Public Safety
76	148		to the Board of Tests For for Alcohol and Drug Influence on July 1,
77	149		2003, all funds of the Unit appropriated and budgeted shall be
78	150		transferred to the Board, and may be budgeted and expended to
79	151		support the functions and personnel of the Board.
80		-
81	152		B. Collection and analysis of a person’s blood, breath, saliva
82	153		or urine, to be consid ered valid and admissible in evidence, whether
83	154		performed by or at the direction of a law enforcement officer or at
84	155		the request of the tested person, shall have been performed in
85	156		compliance with the rules adopted by the Board of Tests for Alcohol
86	157		and Drug Influence and by an individual possessing a valid permit
87	158		issued by the Board for this purpose or shall have been performed by
88	159		a laboratory accredited in Toxicology by the American Society of
89	160		Crime Laboratory Directors/Laboratory Accreditation Board
90		-	(ASCLD/LAB) an accrediting body as described in Section 150.37 of ~~ENR. H. B. NO. 1777 Page 3~~
	161	+	(ASCLD/LAB) an accrediting body as described in Section 150.37 of
91	162		Title 74 of the Oklahoma Statutes or accredited by the American
92	163		Board of Forensic Toxicology (ABFT).
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94	164		C. The Board of Tests for Alcohol and Drug Influence is
95	165		authorized to approve laboratories for t he analysis, provided by the
96	166		provisions of this title, of specimens of blood, breath, saliva and
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97	194		urine, and to administer a program for regular monitoring of such
98	195		laboratories. The Board is authorized t o prescribe uniform
99	196		standards and conditions for, and to approve satisfactory methods,
100	197		procedures, techniques, devices, equipment and records for tests and
101	198		analyses and to prescribe and approve the requisite education and
102	199		training for the performance of su ch tests and analyses. The Board
103	200		shall establish standards for and ascertain the qualifications and
104	201		competence of individuals to administer and conduct such tests and
105	202		analyses, and to issue permits to laboratories and to individuals
106	203		which shall be subject to suspension or revocation at the discretion
107	204		of the Board. The Board is authorized to prescribe uniform
108	205		standards, conditions, methods, procedures, techniques, devices,
109	206		equipment and records for the collection, handling, retention,
110	207		storage, preservation and delivery of specimens of blood, breath,
111	208		saliva and urine obtained for the purpose of determining the alcohol
112	209		concentration thereof or the presence or concentration of any other
113	210		intoxicating substance therein. The Board may take such other
114	211		actions as may be reasonably necessary or appropriate to effectu ate
115	212		the purposes of Sections 751 through 761 of this title and Sections
116	213		301 through 308 of Title 3 of the Oklahoma Statutes, and may adopt,
117	214		amend and repeal such other rules consistent with this chapter as
118	215		the Board shall determine proper. Laboratories ac credited in
119	216		Toxicology by the American Society of Crime Laboratory
120	217		Directors/Laboratory Accreditation Board (ASCLD/LAB) an accrediting
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121	245		body as described in Section 150.37 of Title 74 of the Oklahoma
122	246		Statutes or accredited by the American Board of Forensic Toxicology
123	247		(ABFT) are exempt from the provisions of this subsection.
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125	248		D. The Board shall promulgate rules adopting uniform standards
126	249		and conditions and rules approving devices, equipment, methods,
127	250		procedures, techniques, and records for screening tests adm inistered
128	251		for the purpose of determining the presence or concentration of
129	252		alcohol or any other intoxicating substance in a person’s blood,
130	253		breath, saliva or urine. Such screening tests shall be performe d in
131	254		compliance with the rules adopted by the Board o f Tests for Alcohol
132	255		and Drug Influence.
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134	256		E. The Board may set rules and charge appropriate fees for
135		-	operations incidental to its required duties and responsibilities. ENR. H. B. NO. 1777 Page 4
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	257	+	operations incidental to its required duties and responsibilities.
137	258		F. There is hereby created in the S tate Treasury a revolving
138	259		fund for the Board of Tests for Alcohol and Drug Influence to be
139	260		designated the "Board of Tests for Alcohol and Drug Influence
140	261		Revolving Fund". The fund shall be a continuing fund, not subject
141	262		to fiscal year limitations, and shal l consist of monies received
142	263		pursuant to the provisio ns of subsection E of this section and any
143	264		funds previously deposited in the Board of Tests for Alcohol and
144	265		Drug Influence Revolving Fund. All monies accruing to the credit of
145	266		the fund are hereby approp riated and may be budgeted and expended by
146	267		the Board of Tests for Alcohol and Drug Influence for operating
147	268		expenses of the Board. Expenditures from the funds shall be made
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148	296		upon warrants issued by the State Treasurer against claims filed as
149	297		prescribed by law with the Director of the Office of Management and
150	298		Enterprise Services for approval and payment.
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152	299		G. The provisions of subsections B and C of this section shall
153	300		be retroactive.
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155	301		SECTION 2. This act shall become effective November 1, 2021.
156		-	ENR. H. B. NO. 1777 Page 5
157		-	Passed the House of Representatives the 3rd day of March, 2021.
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162		-	Presiding Officer of the House
163		-	of Representatives
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166		-	Passed the Senate the 20th day of April, 2021.
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171		-	Presiding Officer of the Senate
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175		-	OFFICE OF THE GOVERNOR
176		-	Received by the Office of the Governor this ____________________
177		-	day of ___________________, 20_______, at _______ o'clock _______ M.
178		-	By: _________________________________
179		-	Approved by the Governor of the State of Oklahoma this _________
180		-	day of ___________________, 20___ ____, at _______ o'clock _______ M.
181		-
182		-
183		-	_________________________________
184		-	Governor of the State of Oklahoma
185		-
186		-	OFFICE OF THE SECRETARY OF STATE
187		-	Received by the Office of the Secretary of State this __________
188		-	day of ___________________, 20_______, at _______ o'clock _______ M.
189		-	By: _________________________________
190		-
	302	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
	303	+	March 29, 2021 - DO PASS