ENGR. H. B. NO. 3065 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 ENGROSSED HOUSE BILL NO. 3065 By: Manger and Gann of the House and Weaver of the Senate 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 effective 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 ENGR. H. B. NO. 3065 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, and 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 Technology, 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 procedures 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. ENGR. H. B. NO. 3065 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 responsibility 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 ENGR. H. B. NO. 3065 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 entitled 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 the 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 awarded by the Director to the spouse or next of kin o f 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 ENGR. H. B. NO. 3065 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 awarded by the Director to the spouse or next of ki n 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 e lection 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 employe e, provided the employee is not otherwise disqualified. SECTION 2. This act shall become effective November 1, 2022. ENGR. H. B. NO. 3065 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Passed the House of Representatives the 7th day of March, 2022. Presiding Officer of the House of Representatives Passed the Senate the ___ day of __________, 2022. Presiding Officer of the Senate