Req. No. 8578 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3065 By: Manger
AS INTRODUCED
An Act relating to public health and safety; amending
63 O.S. 2021, Section 2 -103, which relates to the
Uniform Controlled Dangerous Substances Act;
authorizing commissioned employees to purchase
certain firearms prior to retirement; providing
purchasing requirements; providing for the transfer
and modification of ownership records; directing
proceeds be deposited into certain revolving fund;
and providing an effec tive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -103, is
amended to read as follows:
Section 2-103. A. The Director shall be app ointed by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
Commission. The Director of the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control on January 1, 1984, shall be initia lly
appointed as Director. The succeeding Direc tor shall, at the time
of the appointment, have a Bachelor 's Degree from an accredited
college or university and at least five (5) years of experience in
drug law enforcement. The Director may appoint necess ary
Req. No. 8578 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
assistants, agents, an d other personnel to p erform the work of the
office and may prescribe their titles and duties and fix their
compensation pursuant to Merit Syste m rules. The Director may
appoint employees to the positions of Chief of Law Enforcem ent
Information and Techno logy, Public Informati on/Education Officer,
Training Officer, Program Administrators, Grants Administrator,
Criminal Analysts, Legal Secretary, and Typist Clerk/Spanish
Transcriptionists. The positions shall be unclassified and e xempt
from the rules and p rocedures of the Offic e of Management and
Enterprise Services, except leave regulations. The office of the
Director shall be located at a suita ble place in Oklahoma City,
Oklahoma.
B. 1. Agents appointed by the Director shall h ave the powers
of peace officers generally; prov ided, the Director may appoint
special agents and reserve special agents, who shall be unclassified
employees of the state , to meet specific investigatory needs.
Special agents and reserve special agents sha ll not be required to
meet the age and education al requirements as specified in this
section.
2. Agents appointed on and after November 1, 1998, shall be at
least twenty-one (21) years of age and shall have a Bachelor 's
Degree from an accredited college o r university.
Req. No. 8578 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Each entering agent, with the exception of special agents,
shall be required to serve one (1) year in a probationary status as
a prerequisite to being p laced on permanent status.
C. Agents appointed pursuant to the provisions of this sec tion
shall have the respon sibility of investigat ing alleged violations
and shall have the authority to arrest those suspected of having
violated the provisions of the Uni form Controlled Dangerous
Substances Act, as well as the crimes of money laundering an d human
trafficking, as otherwise set forth by l aws of this state.
D. The Director may appoint reserve special agents who shall
not be considered employees of the state and shall serve at the will
of the Director. Reserve special agents shall complete a minimum of
two hundred forty (240) hours of trai ning pursuant to Section 3311
of Title 70 of the Oklahoma Statutes and may not serve more than one
hundred forty (140) hou rs per calendar month. Upon completion of
training, reserve special agents appointed by the Director shall
have general peace officer powers and the authority to arrest those
suspected of having violated the provisions of the Uniform
Controlled Dangerous Substances Act. The agency may expend funds
related to training and special reserve a gents may receive travel
expenses pursuant to th e State Travel Reimbursement Act.
E. A commissioned employee of the Oklahoma State Bureau of
Narcotics and Dangerous Drug s Control shall be entitled to receive,
upon retirement by reason of length of service , the continued
Req. No. 8578 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
custody and possession of the si dearm and badge carried by such
employee immediately prior to retirement. In addition to the
sidearm carried by the commissione d employee immediately prior to
retirement, the commissioned employee may purcha se the rifle or
shotgun, or both, issued to the commissioned employee immediately
prior to retirement upon approval from the Director. The cost to
the commissioned employee of purchasing the firearm shall be the
state-approved firearms vendor trade-in value, and upon payment of
that price, the commissioned employee shall be enti tled to ownership
of the firearm. Any records regarding the ownership of each firearm
transferred shall be modified to reflect the transfer to the
commissioned employee. Proceeds from the purchase of th e firearm
shall be deposited in the Bureau of Narcotics Revolving Fund
established pursuant to Section 2-107 of this title.
F. A commissioned employee of the Bureau may be entitled to
receive, upon retirement by reason of disability , the continued
custody and possession of the si dearm and badge carried by such
employee immediately prior to retirement upon written approval of
the Director.
G. Custody and possession of the s idearm and badge of a
commissioned employee killed in the lin e of duty may be awar ded by
the Director to the spouse or next of kin of the deceased employee.
H. Custody and possession of the sidearm and badge of a
commissioned employee who dies while emplo yed at the Oklahoma State
Req. No. 8578 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Bureau of Narcotics and Dangerous D rugs Control may be a warded by
the Director to the spouse or next of kin of the deceased employee.
I. Any Director appointed on or after July 1, 2003, shall be
eligible to participate in either the Oklahoma Public Employees
Retirement System or in the Okl ahoma Law Enforcement Retirement
System and shall make an irrevocable election in writing to
participate in one of the two retirement systems.
J. Any employee of the Oklahoma State Bureau of Nar cotics and
Dangerous Drugs Control in a classified position u nder the Merit
System of the Personnel Administr ation who is appointed Director,
Deputy Director, Acting Director or Acting Deputy Director shall
have a right to return to the highest previously held classified
position without any loss of rights, privileg es or benefits
immediately upon completion of th e duties of the employee, provided
the employee is not otherwise disqualified.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8578 GRS 11/19/21