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SENATE FLOOR VERSION
March 30, 2022
ENGROSSED HOUSE
BILL NO. 4188 By: Boatman of the House
and
Stanley of the Senate
An Act relating to state government; amending 74 O.S.
2021, Sections 500.2, 500.4, 500.5, 500.8, 500.9,
500.11, 500.15, 500.16 and 500.18, which relate to
the State Travel Reimbursement Act; clarifying
language; modifying reimbursement for distances;
removing travel by leased automobile; modifying
method of computing per diem; modi fying reimbursement
for overnight lodgin g and out-of-state trips;
modifying submission of claims; modifying exemptions;
repealing 74 O.S. 2021, Section 500. 17, which relates
to the review of travel expe nditures; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 500.2, is
amended to read as follows:
Section 500.2 A. Officials and employees of the state,
traveling on authoriz ed state business, may be reimbursed for
expenses incurred in such travel in accordance with the provisions
of the State Travel Reimbursement Act and existing statutes relating
to state travel. Persons who are not state employees, but who are
performing substantial and necessary services to the state which
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have been directed or approved by the approp riate department
official, shall enjoy the protection of the sovereign immunity of
the state to the same extent as a paid employee. Such persons may
be reimbursed for expenses incurred during authorized official
travel under these same statutory provision s,; provided, it is
indicated on the claim the person is not a state employee, a
description of services performed is entered, and the agency head by
approval of the claim certifies such services were substantial a nd
necessary, and germane to the duties an d functions of the
reimbursing agency. Travel expenses incurred by a person during the
course of seeking employment with a state agency, unless such travel
is performed at the request of the employing agency, shal l not be
considered expenses incurred in p erforming substantial and necessary
services to the state and shall not be reimbursed under the
provisions of the State Travel Reimbursement Act.
B. The chief administrative officer of the Department of Public
Safety, the Oklahoma State Bureau of Investig ation, the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control, the Military
Department of the State of Oklahoma, the Department of Corrections,
the Office of Management and Enterprise Services, the Alco holic
Beverage Laws Enforcement Commission , the Oklahoma Department of
Agriculture, Food, and Forestry, the Oklahoma Department of
Emergency Management, the State Fire Marshal, and the State
Department of Health may arrange for and charge meals and lodging
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for a contingent of state personnel moved into an area for the
purpose of preserving the public health, safety, or welfare or for
the protection of life or property. The cost for meals or lodging
so charged shall not exceed the amount authorized in the S tate
Travel Reimbursement Act. The chief administrative officer of each
agency involved in such an operation shall require the vendor
furnishing meals, lodging, or both meals and lodging to submit an
itemized statement for payment. When a claim for lodgi ng is made
for a contingent of state perso nnel, individual members of the
contingent may not submit a claim for lodging. When a claim for
meals is made for a contingent of state personnel, individual
members of the contingent may not submit a claim for me als.
C. The Oklahoma Department of Commer ce, the Oklahoma Center for
the Advancement of Science and Technology, and the Oklahoma
Department of Agriculture, Food, and Forestry are hereby authorized
to enter into contracts and agreements for the payment of food,
lodging, meeting facility and bevera ge expenses as may be necessary
for sponsoring seminars and receptions relating to economic
development and science and technology issues. Such expenses may b e
paid directly to the contracting agency or business e stablishment.
The Director of the Oklahom a Department of Commerce, the President
of the Oklahoma Center for the Advancement of Science and
Technology, and the Commissioner of Agriculture shall each pr ovide a
quarterly report of such expenditures to the Go vernor, the Speaker
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of the House of Repres entatives and the President Pro Tempore of the
Senate.
D. The Native American Cultural and Educational Authority is
hereby authorized to enter into contracts and agreements for the
payment of food, lodging, and me eting facility as may be necessary
to pursue the promotion of fundraising, marketing, and development
of Native American educational programs and cultural projects, or to
sponsor luncheons, seminars, a nd receptions relating to Native
American educational, cultural, museum, and economic development
issues. Such expenses may be paid directly to the contracting
agency or business establishment. The Executive Director of the
Native American Cultural and E ducational Authority shall provide a
monthly report of expenditures to the Native American Cultur al and
Educational Authority Board.
E. For purposes of this section:
1. "State agency" means any constitutionally or statutorily
created state board, commiss ion, or department, including the
Legislature and the C ourts;
2. State agencies are authorized t o enter into contracts and
agreements for the payment of food and lodging expenses as may be
necessary for employees or other persons who are performing
substantial and necessary services to the state by attending
official conferences, meetings, seminars, workshops, or training
sessions or in the performance of their duties. Such expenses may
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be paid directly to the contracting agency or business
establishment,; provided the meeting qualifies for overnight travel
for the employees and the cost for food and lodging for each
employee shall not exceed the total daily rate as provided in the
State Travel Reimbursement Act;
3. State agencies are authorized to enter into contracts and
agreements for the payment of confer ence registration expenses as
may be necessary for employees or other persons who are performing
substantial and necessary services to the state by attending
official conferences, meetings, seminars, w orkshops, or training
sessions. Such expenses may be p aid directly to the contracting
agency or business establishment; and
4. State agencies are authorized to enter into contracts and
agreements for the payment of food and lodging expenses as may be
necessary for employees attending an official course of in struction
or training conducted or sponsor ed by any state agency. Expenses
may be paid directly to the contracting agency or business
establishment. The cost for food and lodging for each employee
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
F. State agencies are authorized to make direct purchases of
commercial airline tickets for use by employees in approved out -of-
state travel. Each claim or invoice sub mitted to the Director of
the Office of Management and Enterprise Services for the payment of
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the purchase shall bear the airline identifying ticket number, the
name of the airline, total cost of each ticket purchased, class of
accommodation and name of th e employee for whom the ticket was
purchased, and shall be filed on claim forms as prescribed by the
Director of the Office of Management and Enterprise Services. The
employee shall sign an affidavit stating that the employee used a
direct purchase commer cial airline ticket received for his or her
approved out-of-state travel, or in lieu of the affid avit, the
employee may file a travel claim in connection with said airline
flight.
G. 1. The Director of the Office of Management and Enterprise
Services is hereby authorized to enter into contracts and agreement s
for the payment of food, lodging, and ot her authorized expenses as
may be necessary to host, conduct, sponsor, or participate in
conferences, meetings, or training sessions. The Director may
establish accounts as necessary for the collection and distrib ution
of funds, including funds of sponsor s and registration fees, related
to such conferences, meetings, and training sessions. Expenses
incurred may be paid directly to the contracting agency or bus iness
establishment.
2. The cost of food for persons a ttending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
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H. 1. The Commissioner of the Department of Mental Health and
Substance Abuse Services is hereby authorized to e nter into
contracts and agreements for the payment of food, lodging, and other
authorized expenses as may be necessary to host, conduct, sponsor,
or participate in conferences, meetings, or training sessions. The
Commissioner may establish accounts as nec essary for the collection
and distribution of funds, including funds of sponsors and
registration fees, related to such conferences, meetings, and
training sessions. Any expenses incurred may be paid directly to
the contracting agency or business establis hment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the to tal daily rate as provided in the State
Travel Reimbursement Act.
I. The Oklahoma Indigent Defen se System is hereby authorized to
enter into contracts and agreements for the payment of lodging as
necessary for employees to carry out their duties in repres enting
any client whom the System has been properly app ointed to represent.
Such expenses may be paid directly to the contracting agency or
business establishment. The cost for lodging for each employee
shall not exceed the daily rate as provided in the State Travel
Reimbursement Act.
J. The Oklahoma Touris m and Recreation Department is hereby
authorized to enter into contracts and agreements for the payment of
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food, lodging, and meeting facility and beverage expenses as may be
necessary for seminars and receptions relating to familiarization
tours and tourism development. The expenses may be paid directly to
the contracting agency or business establishment. The Executive
Director of the Oklahoma Tourism and Recreation Department shall
provide a monthly report of any such expenditures to the Oklahoma
Tourism and Recreation Commission.
K. The Oklahoma Tourism and Recreation Department is hereby
authorized to enter into contracts and agreements for the payment of
exhibitor fees and display space charges a t expositions to promote
the Department's recreational facilities and the tourism and
recreation industry. The expenses may be paid directly to the
contracting agency or business establishment; provided that no
payment shall be made prior to the event unl ess it conveys a
property right to the state for future availability and use.
L. 1. The Oklahoma Highway Safety Office of the Department of
Public Safety is hereby authorized to enter into contracts and
agreements for the payment of food, lodging, and ot her authorized
expenses as may be necessary , to host, conduct, sponsor, or
participate in highway -safety-related conferences, workshops,
seminars, meetings, or training sessions. The payments shall be for
all persons in attendance, including, but not limi ted to, employees
of political subdivisions or employee s of the state or federal
government. For purposes specified in this paragraph, only federal
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highway safety funds may be used in accordance with federal
guidelines and regulations, and no appropriated state funds shall be
used.
2. The cost of food for pe rsons attending any highway safety
conferences, workshops, seminars, meetings, and training sessions
that do not require overnight travel shall not exceed the total
daily rate as provided in the State Travel Reimbursement Act.
M. 1. The Director of the O klahoma State Bureau of
Investigation is hereby authorized to enter into contracts and
agreements for the payment of food, lodging and other authorized
expenses as may be necessary to host, conduct, sp onsor or
participate in any conference, meeting, traini ng session or
initiative to promote the mi ssion and purposes of the Bureau. The
payments may be for all persons in attendance, including, but not
limited to, employees of political subdivisions or emp loyees of the
state or federal government.
2. The cost of food for persons that do not require o vernight
travel shall not exceed the total daily rate as provided in the
State Travel Reimbursement Act.
N. The Oklahoma Homeland Security Director is hereby authorized
to enter into contracts and agreements for t he payment of food,
lodging and other auth orized expenses as may be necessary to host,
conduct, sponsor, or participate in homeland -security-related
conferences, meetings, workshops, seminars, exercise s or training
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sessions. The expenses may be paid direc tly to the contracting
agency or business establishment.
O. The State Department of Education is hereby authorized to
enter into contracts and agreements for the payment of food, lodging
and other authorized expenses as may be necessary to host, conduct,
sponsor or participate in conferences, mee tings or training
sessions. The State Department of Education may establish accounts
as necessary for the collection and distribution of funds, including
funds of sponsors and registration fees, related to such
conferences, meetings and training sessions. Any expenses incurred
may be paid directly to the contracting agency or business
establishment.
P. 1. The Insurance Commissioner of the Insurance Departmen t
of the State of Oklahoma is hereby authorized to ente r into
contracts and agreements for the pa yment of food, lodging, and other
authorized expenses as may be necessary to host, conduct, sponsor,
or participate in conferences, meetings, or training sessi ons. The
Commissioner may establish accounts as necess ary for the collection
and distribution of funds, including funds of sponsors and
registration fees, related to such conferences, meetings, and
training sessions. Any expenses incurred may be paid dir ectly to
the contracting agency or business establishme nt.
2. The cost of food for persons atten ding any conferences,
meetings, and training sessions that do not require overnight travel
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shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
Q. 1. The State Regents for High er Education is hereby
authorized to enter into contracts and agreements for the payment of
food, lodging, and other authorized expenses as may be necessary to
host, conduct, sponsor, or participate in conferences, meetings, or
training sessions. The Stat e Regents for Higher Education may
establish accounts as necessary for the collection and distribution
of funds, including funds of sponsors and registration fees, related
to such conferences, meetings , and training sessions. Any expenses
incurred may be paid directly to the contracting agency or business
establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the Sta te
Travel Reimbursement Act.
R. 1. The Office of Educational Quality and Accountability is
hereby authorized to enter into contracts and agreements for the
payment of food, lodging, and other authori zed expenses as may be
necessary to host, conduct, spon sor, or participate in conferences,
meetings, or training sessions. The Office of Educational Quality
and Accountability may establish accounts as necessary for the
collection and distribution of fund s, including funds of sponsors
and registration fees, r elated to such conferences, meetings, and
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training sessions. Any expenses incurred may be paid directly to
the contracting agency or business establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that d o not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
S. 1. The Department of Securities is hereby authorized to
enter into contracts and agreements for the payment of food,
lodging, meeting facility, facilitator fees and travel e xpenses,
exhibitor fees and other authorized expenses as may be necessary to
host, conduct, sponsor or participate in conferences, meetings,
training sessions or initiatives promoting or otherwise relating to
investor education. The Department of Securiti es may establish
accounts as necessary for the collection and distribution of funds,
including funds of sponsors and registration fees, relating related
to such conferences, meetings, t raining sessions or initiativ es.
The payments may be for all persons i n attendance, including, but
not limited to, employees of the state or federal government or
employees of political subdivisions of the state, including
employees of boards of public ed ucation. Expenses incurred m ay be
paid directly to the contracting age ncy or business establishment.
2. The cost of food for persons attending any conferences,
meetings and training sessions that do not require overnight travel
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shall not exceed the total daily rate as provided in th e State
Travel Reimbursement Act.
3. The Department of Securities is hereby authorized to pay
stipends to teachers participating in the investor education program
and monetary achievement awards to se lect participating student s.
No appropriated state fun ds shall be used.
T. 1. The Oklahoma Dep artment of Veterans Affairs is hereby
authorized to enter into contracts and agreements for the payment of
food, lodging, meeting facility, beverage and other authorized
expenses as may be necessary to host, conduc t, sponsor or
participate in seminars, rec eptions, conferences, meetings or
training sessions relating related to the support of veterans and
the development of veterans ' services. Expenses incurred m ay be
paid directly to the contrac ting agency or busine ss establishment.
The Executive Director of the Oklahoma Department of Veterans
Affairs shall provide a monthly report of any such expenditures to
the Oklahoma Veterans Commission.
2. The cost of food for persons attending any confer ences,
meetings and training sessions that do not require overn ight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
U. Whenever possible it shall be the policy of each state
agency to prepay airline fares an d lodging expenses us ing a purchase
card issued to the agency. This policy shall apply to instances
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where employees of the agency are traveling on behalf of state
government.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 500.4, is
amended to read as fo llows:
Section 500.4 A. Authorized perso ns traveling on official
state business within the State of Oklahoma may utilize railroads,
airplanes, buses, whether intracity or intercity, or other public
conveyance. Reimbursement for fares paid for airplane
transportation shall not exceed coach class fare except as provided
herein. Reimbursement for fares paid for airplane transportation
may be at the business class fare ra te for international travel.
Other public conveyance fares shall not exceed the lesser of the
normal charge or coach class airpl ane fare. Taxicab or rideshare
fares within the State of Oklahoma and communication charges may be
reimbursed only upon justif ication as to the necessity for their
use.
B. Agency heads or their authorized designe es may approve the
use of motor vehicles f or official travel within the State of
Oklahoma. If available, agency owned motor vehicles or motor
vehicles leased from the S tate Motor Pool, either on a ful l-time
basis or for individual trips, shall be utilized for such travel.
Reimbursement for use o f privately owned motor vehicles may be
authorized by the agency head.
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C. Reimbursement for authorized use of privately owned motor
vehicles shall not exceed the amount prescribed by the Internal
Revenue Code of 1986, as amended, or rules, procedures or o ther
action by the Internal Revenue Service, for use in determining the
standard mileage rate allowed for a business expense de duction.
Distances for which re imbursement for use of privately owned motor
vehicles is claimed shall be actual business miles b ased on a
recognized Global Positioning System (GPS) or based on map and
vicinity business mileage .
SECTION 3. AMENDATORY 74 O.S. 202 1, Section 500.5, is
amended to read as follows:
Section 500.5 A. Reimbursement for automobiles leased or
rented within this state from so-called car rental agencies o r
private parties, to be used in lieu of a privately owned vehicle on
official business for the state, shall not exceed the rate provided
for the use of a privately owned automobile.
B. The actual cost of leasing or renting an automobile outside
of this state to be used on official business for the state shall be
reimbursed subject to the a pproval of the agency head or authorized
designee.
SECTION 4. AMENDATORY 74 O.S. 2021, Section 500.8, is
amended to read as follows:
Section 500.8 A reimbursement in lieu of meal expenses, per
day, while in official travel status , per diem in an amount
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authorized by the provisions of the Internal Revenue Code of 1986,
as amended, for deductibility of expenses for travel while away from
home without additional documentation within the State of Oklahoma
and outside the state is auth orized federal Government Services
Administration (GSA) in its Federal Travel Regulation (FTR) 42 C.F.R
Section 300-1.1 et seq. and as updated in its F TR Bulletins is
authorized while in travel status . In computing per diem
reimbursement for meals a day shall be a period of twenty-four (24)
hours calendar day. Reimbursement for each one-fourth (1/4) day
consisting of six (6) hours or major fraction thereof, more than
three (3) hours, may be made at the rate of one -fourth (1/4) of the
daily allowable rate. The first and last days of travel shall be
paid at a rate of seventy-five percent (75%) of the full-day per
diem. Provided, however, that n o reimbursement for meals per diem
shall be made for periods which do not include overnight status. If
meals and lodging at a meeting, workshop, conference or other obj ect
of travel are furnished as a "package plan", reimbursement may be
made, based upon a receipt, but at a daily rate of not to exceed the
total daily rate provided in t his act.
SECTION 5. AMENDATORY 74 O.S. 2021, Section 500.9, i s
amended to read as follows:
Section 500.9 A. Reimbursement for overnight lodging, w hile in
official travel status, may be made at not to exceed an amount
authorized by the provisions of t he Internal Revenue Code of 1986,
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as amended, for deductibility of expenses federal Government
Services Administration (GSA) in its Federal Travel Regul ation (FTR)
42 CFR Section 300-1.1 et seq. and as updated in its FTR Bulletins
for travel while away from home wit hout additional documentation or
the actual cost, if l ower, per night except as provided in
subsections B, C, D, F E, and H G of this section and Sect ion 500.9A
of this title. Receipts issued by the hotel, motel or other public
lodging place shall accompa ny claims for reimbursement.
B. A per diem allowance for meals and incidental expenses may
be authorized by a travel claim issued in accordance with Section
500.3 of this title, which shall include all charges for meals and
incidental expenses. Not to ex ceed an amount authorized by the
provisions of the Internal Revenue Code of 1986, as amended, for
deductibility of expenses for travel while away from home without
additional documentation may be authorized on the travel claim for
the performance of travel within the State of Oklahoma. In
computing the per diem allowance, a day shall be a period of t wenty-
four (24) hours. Reimbursement for each one -fourth (1/4) day
consisting of six (6) hours or major fraction thereof, more than
three (3) hours, may be ma de at the rate of the daily allowable
rate. When a traveler has lodging provided at no cost to t he state,
a ten-dollar lodging per diem allowance may be claimed in addition
to the meals and incidental expenses per diem allowance. Provided,
however, that no per diem shall be allowed pursuant to this section
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for periods of less than overnight in trave l status. Reimbursement
for expenses other than meal s and lodging may also be made in
accordance with the provisions of this act.
C. State officers or employ ees attending meetings, workshops,
conferences or other objectives of trips which are conducted a t a
designated hotel, motel or other public lodging p lace or where
lodging has been arranged for by the blocking of rooms or by rate
reductions for the partici pants by the sponsor as evidenced by the
announcement or notice of the meeting, workshop, confere nce or other
objective shall be reimbursed the actual lodging expense not to
exceed the single occupancy room rate charged by the designated
hotel, motel or other public lodging place ,; provided, that the
officials or employees are in official travel statu s approved by the
agency head or designee. Provided fu rther, those state officers or
employees attending meetings, workshops, conferences or other
objectives of trips, which are conducted at a designa ted hotel,
motel or other public lodging place as provi ded by this subsection,
who choose to acquire less expe nsive lodging at another hotel, motel
or other public lodging place shall be reimbursed the actual lodgi ng
expense not to exceed the single occupa ncy room rate charged by the
designated hotel, motel or other public lodging place. Provided
further, those state officers or employees so choosing this option
shall be reimbursed for local transportation costs in curred
traveling between such optional lod ging and the designated hotel,
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motel or other public lo dging place not to exceed the difference
between the cost of the designated lodging and the cost of the
optional lodging. Receipts issued by the hotel, motel or other
public lodging place shall accomp any claims for reimbursement.
D. C. State officers and employees who have been required to
attend hearings or meetings of any congressional committee or
subcommittee or any federal agency, board or commission shal l be
reimbursed for their actual and necessar y travel and lodging
expenses; however, the agency h ead must approve any claims in
connection with such exp enses.
E. D. Reimbursement for meals and lodging on out -of-state trips
shall not begin more than twenty-four (24) hours one (1) calendar
day before the meeting, workshop, conference or other objective of
trip begins and shall not continue more than twenty-four (24) hours
one (1) calendar day after said meeting, workshop, conference or
other objective of tri p ends. This twenty -four-hour limit shall
also apply for in-state travel when the agency determi nes that
travel is of a duration where overnight travel prior to or after the
trip objective would be nece ssary.
F. E. Reimbursement for meals and lodging inc urred in official
travel in areas outside of the Unite d States to implement the
objectives of contracts, grants, agreements or gifts for which funds
from these sources are furnished shall be reimbursed from said funds
at actual cost not to exceed the amoun t authorized for United States
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Government employees in its periodical publication entitled
"Standard Regulations (Government Civilians, Foreign Areas),
Department of State, Washington, DC ". Provided, however,
reimbursement for travel to points outside of the United States,
whether performed under authority o f contract, grant, agreement or
otherwise, shall not begin more than forty-eight (48) hours two (2)
calendar days before or end more than forty-eight (48) hours two (2)
calendar days after the objective of the trip.
G. F. Claims submitted to the Director of the Office of
Management and Enterprise Services for payment under the provisions
of this section shall be certified to by the principal fiscal
officer or contract and grant administrator of each age ncy. Such
officer shall certify that such claim compl ies with and is
authorized under this secti on.
H. G. The Director of the Office of Management and Enterpri se
Services may authorize reimbursement for overnight lodging while in
official travel status w ithin the State of Okl ahoma at a rate of up
to one hundred fifty percent (150%) of the amount aut horized in
subsection A of this section if it is determined that no lodging was
available at the maximum rate set out in subsection A of this
section. Prior to authorizing such pay ment, the state officer or
employee shall certify the efforts made to obtai n lodging at the
rate set out in subsection A of this section an d the reasons why
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such lodging was not available within a reasonable distance from the
state officer's or employee's work location.
SECTION 6. AMENDATORY 74 O.S. 20 21, Section 500.11, is
amended to read as follows:
Section 500.11 A. Authorized persons traveling on official
state business outside of the State of Oklahoma m ay utilize
appropriate forms of transportation, includ ing but not limited to,
common carriers, transit system carriers, state owned or privately
owned motor vehicles or airplanes, contract rental motor vehicles,
commuter airplanes, or transportation by pri vate parties to reach
their destinations.
B. 1. Except as otherwise provided by this section,
reimbursement for out of state transportation costs as authorized by
this section shall not exceed the normal charge for the type of
transportation used, but i n no instance shall reimbursement for
transportation used in lieu of commercial airplane exceed the cost
of coach or economy class air fare.
2. Reimbursement fo r travel by commercial airplane on a first -
class basis may be made if coach or economy class space is not
available within a reasonable time and is j ustified by attachment to
claim for reimbursement.
3. Claims for reimbursement for transportation by comme rcial
airline shall be accompanied by the passenger 's duplicate of airline
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ticket, or other airline receipt which includes information as to
class of accommodation for which reimbursement is c laimed.
4. If commuter airlines are the only airlines available to
reach a destination, reimbursement for transportation used in lieu
of commuter air fare sha ll not exceed the cost of the commuter air
fare.
C. Reimbursement for authorized use of privatel y owned motor
vehicles or vehicles from motor vehicle rental age ncies used for
out-of-state travel shall be limited to the actual cost for such
vehicle but in no instance shall reimbursement for such vehicle
exceed the cost for commercial coach or economy class air fare or
commuter air fare, whichever is appropriate. Distances for which
reimbursement for use of privately owned motor vehicles or vehicles
from vehicle rental agencies is claimed shall not exceed distances
as computed by a Global Positioning S ystem (GPS) or based on map and
vicinity business mileage set forth in a recognized published
national atlas or road map. Vic inity travel on official business
shall be entered on travel claims as a separate item.
SECTION 7. AMENDATORY 74 O.S. 2021, Section 500.15, is
amended to read as follow s:
Section 500.15 All claims for reimbursement of travel expenses
shall be submitted on the re gular authorized form of travel expense
claim, and shall be approved by the official or employee performing
the travel, and approved by the offic ial or employee designated in
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Section 34.68 of Title 62 of the Oklahoma St atutes, for the agency
in which the employee works. Receipts may be provided to the Office
of Management and Enterprise Services in e lectronic form. No travel
claim shall be awarde d if the filer of the claim has benefited from
the personal receipt of fre quent travel miles unless those miles are
used to offset future claims against the state.
SECTION 8. AMENDATORY 74 O.S. 2021, Section 500.16, is
amended to read as follows:
Section 500.16 Standard blank forms of travel claims to be used
to carry out the purposes of this act The method, forms, or syste ms
for submitting a travel reimbursement claim shall be prescribed by
the Director of the Office of Management and Enterprise Services.
SECTION 9. AMENDATORY 74 O.S. 2021, Section 500.18, is
amended to read as follows:
Section 500.18 A. Except for members of the Legislature, the
Governor and the Lieutenant Governor, provisions of Sections 500.1
through 500.18 of this title shall be mandatory for all officials
and employees of all depart ments, boards, commissions and
institutions of the state, rega rdless of the provisions of any other
act of the Legislature, except as provided by this section. The
enactment of any measure in the future providing for travel
reimbursement of state officers and employees on the basis of
"actual and necessary " expenses or in any other manner inconsistent
with Sections 500.1 through 500.18 of this title shall be deemed to
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provide for reimbursement in accordance with Sections 500.1 through
500.18 of this title unless a contrary intent is explicitly
expressed in this secti on. Sections 500.1 through 500.18 of this
title shall not apply, however, to travel reimbursements made by
political subdivisions of this state, except as otherwise provided
by law.
B. The agencies listed below are authorized certain exceptions
and/or exemptions to the provisions of Sections 500. 1 through 500.18
of this title to the extent specified:
1. Oklahoma Department of Agriculture, Food, and Forestry:
a. The actual and reasonable expens es of travel and
subsistence in pursuing and developing market s for
Oklahoma agricultural products incurr ed by the
Commissioner, Deputy Commissioner and such employees
designated by the State Board of Agriculture within
the marketing development programs o f the Oklahoma
Department of Agriculture, Food, and Forestry s hall be
reimbursed to the employee incurrin g such expenses.
Reimbursement of such expenses shall be in acc ordance
with rules adopted by the Board. Expenses claimed
shall, prior to reimbursemen t, be reviewed by the
Board at a regular meeting and individua lly approved
or disapproved.
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b. The actual and necessary expenses of out-of-state
travel and subsistence in curred by employees of the
Forestry Division authorized to evaluate and acquire
federal excess property or surplus property in other
states for use in its fire protection program, shall
be reimbursed to the employee incurring such expenses.
2. Department of Public Safety:
When traveling with the Governor or at the Governor 's request,
personnel assigned by the Commissioner for executive security and
pilots on executive assignment shall be allow ed their actual and
necessary traveling expenses, upon claims ap proved by the
Commissioner.
3. Department of Corrections:
The Department of Correction s shall be exempt from limitations
of reimbursement for rented automobiles, as set forth in Section
500.5 of this title, when the rental is by a Correctional Officer or
Transportation Officer for the limited purpose of transporting
inmates. Reimbursement for the expense shall be on the basis of
actual cost.
4. Oklahoma Tourism and Recreation Department:
The Oklahoma Tourism and Recreation Commission and Department
staff who promote in-state and out-of-state business for Oklahoma 's
state-operated or state-owned parks, lodges, and golf courses and
the tourism and recr eation industry, may be reimbursed for the
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actual and necessary expense of travel, subsistence and
entertainment for this purpose. The Director of the Oklahoma
Tourism and Recreation Department may reimburse the Publisher of
Oklahoma Today magazine and it s staff for expenses for meals and
other entertainment in order to gain advertising and promotion for
Oklahoma Today magazine.
5. Oklahoma Department of Commerce:
a. The actual and necessary ex penses incurred by the
Director and other employees of the Dep artment
authorized by the Director for the purpose of business
recruitment shall be reimbursed. Reimbursem ent of
expenses shall be in accordance with rules adopted by
the Director of the Oklaho ma Department of Commerce.
Expenses claimed shall, prior to r eimbursement, be
reviewed by the Director a nd individually approved or
disapproved.
b. The Department, at t he discretion of the Director, may
charter aircraft for the purposes of carrying out it s
duties and responsibilities related to business
recruitment and performing the duties of the Director.
The cost of such charter shall be exempt from the
provisions of Section 500.6 of this title. Claims
filed with the Office of Management and Enterpris e
Services shall bear the following certification:
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The best interests of the citizens of Oklahoma were
better served in that conventional ground
transportation was not p ractical or feasible for this
trip, aircraft from the Department of Public Safety
were not available for this trip, and no other claim
has been or will be filed as a payment for the cost of
transportation in connection with this trip.
c. The Oklahoma Department of Commerce may reimburse the
Oklahoma Film and Music Office staff for the actual
and necessary expenses for meals and other
entertainment in order to promote the film and music
industries in this state. Reimbursement of all actual
and necessary expenses shall be in accordance with
rules adopted by the Oklahoma Department of Commerce.
6. Office of Management and Enterprise Services:
The actual and necessary expenses of travel and subsis tence
incurred by the Director, any state employee approved by h is or her
appointing authority, or state officials, for travel outside the
state in performance of duties related to bond financing shall be
reimbursed to the employee or state official incurr ing such
expenses. Reimbursement for lodging expenses shall be supported by
three telephone bids from hotels within a reasonable distance of the
activity for which the travel was approved.
7. Oklahoma Futures:
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The actual and necessary expenses incurred b y the members of
Oklahoma Futures in the performance of their du ties shall be
reimbursed to the members incurring such expenses. Reimbursement of
all actual and necessary expenses shall be in accordance with rule s
adopted by Oklahoma Futures.
8. Oklahoma Development Finance Authority:
The actual and necessary expense s incurred by the members and
employees of the Oklahoma Development Finance Authority i n the
performance of their duties shall be reimbursed to the p erson
incurring such expenses. Reimburseme nt of all actual and necessary
expenses shall be in accordance w ith the bylaws of the Authority.
9. Oklahoma Center for the Advancement of Science and
Technology:
The actual and necessary expenses incurred by the members and
employees of the Oklahoma Cent er for the Advancement of Science and
Technology in the performa nce of their duties shall be reimbursed to
the person incurring such expenses. Reimbur sement of all actual and
necessary expenses shall be in accord ance with the bylaws of the
Center.
10. Center for International Trade Development:
The actual and necessa ry expenses of travel, lodging and
subsistence incurred by the Director and authorized employees of the
Center for International Trade Development fo r performance of their
duties for the purpo se of business recruitment and assistance shall
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be reimbursed to the person incurring such expenses. Reimbursement
of such expenses shall be in accord ance with the rules adopted by
the Director of the Center for International Trade Development.
Expenses claimed shall be reviewed and individually approved or
disapproved, prior to reimbursement, first by the Director, and
finally by either the Vice Presi dent, Business and Finance of
Oklahoma State University or the President of Oklahoma State
University.
11. Oklahoma State Bureau of Investigation:
The actual and necess ary expenses incurred by the Director and
other employees of the Bureau authorized by t he Director as a result
of conducting investigations shall be reimbursed to each such
employee incurring the expenses. Reimbursement of the expenses
shall be in accordance with rules adopted by the Director of the
Oklahoma State Bureau of Investigation. Prior to reimbursement,
expenses claimed shall be reviewed by the Director and individually
approved or disapproved.
12. Department of Human Services:
a. The actual and necessary expenses of travel, lodging
and subsistence incurred by employees of the Leg al
Division in the performance of their duties for the
purpose of representing the Department of Human
Services or any of its officials, employees,
institutions or hospi tals at any proceeding including
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depositions, held before any court, administrative
body or representative thereof, shall be reimbursed to
the employee incurring such expenses. Expenses
claimed shall be approved by the General Counsel and
the Director of Human Services prior to reimbursement.
b. The Department, at the discretion of the Dire ctor, may
charter aircraft when determined by the Director suc h
charter would be more practical or less e xpensive than
normal modes of transportation and when aircraft o f
the Department of Public Safety are unavailable. The
costs of such charter shall be exempt from the
provisions of Section 500.6 of this title.
13. Oklahoma Health Care Authority:
The actual and necessary expenses of travel, lodging and
subsistence incurred by employees of the Legal Division in the
performance of their duties for the purp ose of representing the
Authority or any of its officials or e mployees, at any proceeding
including depositions, held before any court, administrative body or
representative thereof, shall be reimbursed to the employee
incurring such expenses. Expenses cl aimed shall be approved by the
Administrator prior to reimburs ement.
14. Oklahoma State Bureau of Narcot ics and Dangerous Drugs
Control:
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The actual and necessary expens es incurred by the Director and
other employees of the Bureau authorized by the Directo r as a result
of conducting investigations shall be reimbursed to each employee
incurring the expenses. Reimbursement of the expenses shall be in
accordance with rules adopted by the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs C ontrol. Prior to
reimbursement, expenses claimed shall be rev iewed by the Director
and individually appr oved or disapproved.
15. University Hospitals:
The actual and necessary expenses of travel, lodging and
subsistence incurred by employees of the Legal Office in the
performance of their duties for the purpose of representing the
University Hospitals or an y of its officials, employees,
institutions or hospitals at any proceeding including depositions,
held before any court, administrative body or represe ntative
thereof, shall be reimbursed to the employee incurring such
expenses. Expenses shall be approved by the Chief Executive Officer
of the University Hospitals or b y the University Hospitals
Authority.
16. Oklahoma Historical Society:
The actual and necessary expenses of travel, subsistence and
entertainment incurred by the Executive Director, Deputy Di rector
and any employees designated by the Executive Committee o f the
Oklahoma Historical Society Board of Directors in pursuing and
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developing programs and projects for the preservation and marketing
of Oklahoma history shall be reimbursed to the person i ncurring the
expenses. Reimbursement of expenses shall be in ac cordance with
rules adopted by the Oklahoma Historical Society Board of Directors.
Prior to reimbursement, expenses claimed shall be reviewed by the
Executive Committee at a regularly schedul ed meeting and each claim
shall be individually approved or disa pproved.
17. The Oklahoma Department of Mines:
The actual and necessary expenses of tr avel, lodging and
subsistence incurred by employees of the Dep artment in the
performance of their duties for the purpose of representing the
Department or any of its off icials or employees, at any proceeding,
hearing or meeting with federal agencies, board s, commissions,
congressional representatives, congressional c ommittees or staff,
shall be reimbursed to the employee incurring such expenses.
Expenses claimed shall be approved by the Executive Director prior
to reimbursement.
18. The Office of Attorney General:
The actual and necessary expenses of travel, lodging and
subsistence incurred by its employees in the performance of their
duties for the purpose of representi ng the state, the Legislature,
any state board, agency or commission, or any employee o r official
of the state entitled to representation, at any pro ceeding including
depositions, held before any court, administrative body or any
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representative thereof, an d the actual and necessary expenses
incurred by employees as a result of conducting inv estigations shall
be reimbursed to the employee incurring the expenses. The expenses
shall be approved by the Attorney General prior to reimbursement.
19. District Attorneys Council:
The actual and necessary expenses of travel, lodging and
subsistence incurred by each district attorney and other employees
of the district attorney authorized by the district attorney in the
performance of their duties for any district oth er than the district
for which they are employed for the purpose of representing the
state, any county, or any employee or official of the state enti tled
to representation at any proceeding in cluding depositions held
before any court, administrative body o r any representative of a
court or administrative body, and the actual and necessary ex penses
incurred as a result of conducting investigations shall be
reimbursed to each employee incurring t he expenses. Reimbursement
of the expenses shall be in accordan ce with rules adopted by the
District Attorneys Council. Prior to reimbursement, expen ses
claimed shall be reviewed by the Council and individually approved
or disapproved.
20. The Department of Securities:
The actual and necessary expenses of travel, lo dging and
subsistence incurred by the Administrator and other employees of the
Department of Securities in the performance of their duties for the
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purpose of representing the Department of Sec urities, at any
proceeding including depositions, held before an y court,
administrative body or any representative thereof, conducting on -
site examinations, or conducting investigations, shall be reimbursed
to each employee incurring the expenses. The exp enses shall be
approved by the Administrator of the Department o f Securities prior
to reimbursement.
21. Corporation Commission:
The actual and necess ary travel expenses incurred by the staff
of the Public Utilit y Division as a result of conducting audits
and/or reviews of utility service providers shall be reimbursed to
each such employee incurring the expense. Reimbursement of the
expenses shall be as set forth in procedures established by the
appointing authority.
22. The Department of Human Services:
Employees of the Department of Human Services shall may be
reimbursed for their actual and necessary expenses of travel,
lodging and subsistence meals and incidentals incurred in the
performance of their duties f or the purpose of escorting and
transporting children or adults in the care or custody of the
Department, subject to approval by the Department :
a. for out-of-state visitation, care, treatment and
placement of a child welfare client,
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b. for out-of-state treatment for or placement of an
adult protective services client,
c. for out-of-state treatment for or place ment of a
resident of a state resource center, or
d. for out-of-state treatment for or placemen t of an
individual with a developmental disability who is
living in the community in community re sidential
services, or
e. for meals and incidental expenses nece ssary for the
care of children or adults in the care or custody of
the Department.
Expenses claimed shall be approved by the appropriate Division
Administrator or Associate Director or Deputy prior to
reimbursement.
23. The Banking Department:
The actual and necessary expenses of travel and lodging incurred
by the Commissioner and other employees o f the Banking Department in
the performance of their d uties for the Banking Department shall be
paid or reimbursed by the Banking Department to each employee
incurring the expenses. The expense s shall be approved by the
Banking Commissioner prior to payme nt or reimbursement.
24. Oklahoma Office of Homeland Security:
The actual and necessary expenses of travel, lodging, and
subsistence incurred by the Oklahoma Ho meland Security Director, as
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a result of the duties and responsibilities of the Director, shall
be paid or reimbursed by the Oklahoma Office of Homel and Security.
25. The Grand River Dam Auth ority:
The actual and necessary expenses of travel and lodging i ncurred
by the Board of Directors and other employees of the district in the
performance of their duties for the Grand River Dam Authority shall
be paid or reimbursed by the district to each D irector or employee
incurring the expenses. The expenses shall be approved by the
General Manager of the Grand River Dam Authority prior to payment or
reimbursement.
26. The Native American Cultural and Educatio nal Authority:
The actual and necessary exp enses incurred by the Directors and
employees of the Native Amer ican Cultural and Educational Aut hority
in performances of duties. The expenses shall be appro ved by the
Director prior to payment or reimbursement.
27. Oklahoma Department of Career and Tec hnology Education:
The actual and necessary expenses incurred by the Director and
other employees of the Department, authorized by the Director, for
the purpose of business recruitment, training, and the provision of
technical assistance shall be reimburse d. Reimbursement of expenses
shall be in accordance with rules adopted by the State Board of
Career and Technology Education. Expenses claimed, prior to the
reimbursement, will be reviewed by the Board and indiv idually
approved or disapproved.
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C. The agencies listed in subsection B of this section shall be
required to report annually the actual exp enses excepted or exempted
from Sections 500.1 through 500.18 of this title to the Governor,
the President Pro Tempo re of the Senate, and the Speaker of the
House of Representatives. The report shall be submitted no later
than the first day of September f ollowing the end of each fiscal
year.
SECTION 10. REPEALER 74 O.S. 2021, Section 500.17, is
hereby repealed.
SECTION 11. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON RULES
March 30, 2022 - DO PASS