An Act
ENROLLED 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.
SUBJECT: Public health and safety
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 appointed 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 Director 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
assistants, agents, and other personnel to perform 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 ENR. H. B. NO. 3065 Page 2
Information and Technology, Public Information/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 Office 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; provided, 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 educational 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.
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 investigating 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 laws 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 training 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 the State Travel Reimbursement Act.
ENR. H. B. NO. 3065 Page 3
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
custody and possession of the sidearm 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
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 ENR. H. B. NO. 3065 Page 4
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.
ENR. H. B. NO. 3065 Page 5
Passed the House of Representatives the 7th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 20th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 2 0_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________