OK
Oklahoma House Bill HB3065

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3065 Compare Versions

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334 BILL NO. 3065 By: Manger and Gann of the
435 House
536
637 and
738
839 Weaver of the Senate
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1543 An Act relating to public health and safety; amending
1644 63 O.S. 2021, Section 2 -103, which relates to the
1745 Uniform Controlled Dangerous Substances Act;
1846 authorizing commissioned employees to purchase
1947 certain firearms prior to retirement; providing
2048 purchasing requirements; providing for the transfer
2149 and modification of ownership records; directing
2250 proceeds be deposited into certain revolving fund;
2351 and providing an effective date.
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28-SUBJECT: Public health and safety
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3055 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3256 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -103, is
3357 amended to read as follows:
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3558 Section 2-103. A. The Director shall be appointed by the
3659 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
3760 Commission. The Director of the Oklahoma State Bureau of Narcotics
3861 and Dangerous Drugs Control on January 1, 1984, shall be initia lly
3962 appointed as Director. The succeeding Director shall, at the time
4063 of the appointment, have a Bachelor 's Degree from an accredited
4164 college or university and at least five (5) years of experience in
4265 drug law enforcement. The Director may appoint necess ary
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4393 assistants, agents, and other personnel to perform the work of the
4494 office and may prescribe their titles and duties and fix their
4595 compensation pursuant to Merit Syste m rules. The Director may
46-appoint employees to the positions of Chief of Law Enforcem ent ENR. H. B. NO. 3065 Page 2
96+appoint employees to the positions of Chief of Law Enforcem ent
4797 Information and Technology, Public Information/Education Officer,
4898 Training Officer, Program Administrators, Grants Administrator,
4999 Criminal Analysts, Legal Secretary, and Typist Clerk/Spanish
50100 Transcriptionists. The positions shall be unclassified and e xempt
51101 from the rules and procedures of the Office of Management and
52102 Enterprise Services, except leave regulations. The office of the
53103 Director shall be located at a suita ble place in Oklahoma City,
54104 Oklahoma.
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56105 B. 1. Agents appointed by the Director shall h ave the powers
57106 of peace officers generally; provided, the Director may appoint
58107 special agents and reserve special agents, who shall be unclassified
59108 employees of the state , to meet specific investigatory needs.
60109 Special agents and reserve special agents sha ll not be required to
61110 meet the age and educational requirements as specified in this
62111 section.
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64112 2. Agents appointed on and after November 1, 1998, shall be at
65113 least twenty-one (21) years of age and shall have a Bachelor 's
66114 Degree from an accredited college o r university.
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68142 3. Each entering agent, with the exception of special agents,
69143 shall be required to serve one (1) year in a probationary status as
70144 a prerequisite to being p laced on permanent status.
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72145 C. Agents appointed pursuant to the provisions of this sec tion
73146 shall have the responsibility of investigating alleged violations
74147 and shall have the authority to arrest those suspected of having
75148 violated the provisions of the Uni form Controlled Dangerous
76149 Substances Act, as well as the crimes of money laundering an d human
77150 trafficking, as otherwise set forth by laws of this state.
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79151 D. The Director may appoint reserve special agents who shall
80152 not be considered employees of the state and shall serve at the will
81153 of the Director. Reserve special agents shall complete a minimum of
82154 two hundred forty (240) hours of training pursuant to Section 3311
83155 of Title 70 of the Oklahoma Statutes and may not serve more than one
84156 hundred forty (140) hou rs per calendar month. Upon completion of
85157 training, reserve special agents appointed by the Director shall
86158 have general peace officer powers and the authority to arrest those
87159 suspected of having violated the provisions of the Uniform
88160 Controlled Dangerous Substances Act. The agency may expend funds
89161 related to training and special reserve a gents may receive travel
90162 expenses pursuant to the State Travel Reimbursement Act.
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92163 E. A commissioned employee of the Oklahoma State Bureau of
93164 Narcotics and Dangerous Drug s Control shall be entitled to receive,
94165 upon retirement by reason of length of service , the continued
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95193 custody and possession of the sidearm and badge carried by such
96194 employee immediately prior to retirement. In addition to the
97195 sidearm carried by the commissione d employee immediately prior to
98196 retirement, the commissioned employee may purcha se the rifle or
99197 shotgun, or both, issued to the commissioned employee immediately
100198 prior to retirement upon approval from the Director. The cost to
101199 the commissioned employee of purchasing the firearm shall be the
102200 state-approved firearms vendor trade-in value, and upon payment of
103201 that price, the commissioned employee shall be entitled to ownership
104202 of the firearm. Any records regarding the ownership of each firearm
105203 transferred shall be modified to reflect the transfer to the
106204 commissioned employee. Proceeds from the purchase of the firearm
107205 shall be deposited in the Bureau of Narcotics Revolving Fund
108206 established pursuant to Section 2-107 of this title.
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110207 F. A commissioned employee of the Bureau may be entitled to
111208 receive, upon retirement by reason of disability , the continued
112209 custody and possession of the sidearm and badge carried by such
113210 employee immediately prior to retirement upon written approval of
114211 the Director.
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116212 G. Custody and possession of the s idearm and badge of a
117213 commissioned employee killed in the lin e of duty may be awarded by
118214 the Director to the spouse or next of kin o f the deceased employee.
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120215 H. Custody and possession of the sidearm and badge of a
121216 commissioned employee who dies while emplo yed at the Oklahoma State
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122244 Bureau of Narcotics and Dangerous D rugs Control may be awarded by
123245 the Director to the spouse or next of ki n of the deceased employee.
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125246 I. Any Director appointed on or after July 1, 2003, shall be
126247 eligible to participate in either the Oklahoma Public Employees
127248 Retirement System or in the Okl ahoma Law Enforcement Retirement
128249 System and shall make an irrevocable e lection in writing to
129250 participate in one of the two retirement systems.
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131251 J. Any employee of the Oklahoma State Bureau of Nar cotics and
132252 Dangerous Drugs Control in a classified position u nder the Merit
133253 System of the Personnel Administration who is appointed Director,
134254 Deputy Director, Acting Director or Acting Deputy Director shall
135255 have a right to return to the highest previously held classified
136-position without any loss of rights, privileg es or benefits ENR. H. B. NO. 3065 Page 4
256+position without any loss of rights, privileg es or benefits
137257 immediately upon completion of the duties of the employe e, provided
138258 the employee is not otherwise disqualified.
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140259 SECTION 2. This act shall become effective November 1, 2022.
141- ENR. H. B. NO. 3065 Page 5
142-Passed the House of Representatives the 7th day of March, 2022.
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147- Presiding Officer of the House
148- of Representatives
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151-Passed the Senate the 20th day of April, 2022.
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156- Presiding Officer of the Senate
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160-OFFICE OF THE GOVERNOR
161-Received by the Office of the Governor this ____________________
162-day of ___________________, 2 0_______, at _______ o'clock _______ M.
163-By: _________________________________
164-Approved by the Governor of the State of Oklahoma this _____ ____
165-day of ___________________, 20_______, at _______ o'clock _______ M.
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168- _________________________________
169- Governor of the State of Oklahoma
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171-OFFICE OF THE SECRETARY OF STATE
172-Received by the Office of the Secretary of State this __________
173-day of ___________________, 20_______, at _______ o'clock _______ M.
174-By: _________________________________
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260+COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
261+March 28, 2022 - DO PASS