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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1617 By: Dugger of the Senate
and
West (Kevin) of the House
COMMITTEE SUBSTITUTE
An Act relating to boards and commissio ns; amending
47 O.S. 2021, Section 759, as last amended by Section
3, Chapter 283, O.S.L. 2021, which relates to the
Board of Tests for Alcohol and D rug Influence;
amending 63 O.S. 2021, Section 330.52, which relates
to Oklahoma State Board of Examiners fo r Long-Term
Care Administrators; amending 73 O. S. 2021, Section
83.1, which relates to the Capitol-Medical Center
Improvement and Zoning Commission; amending 74 O.S.
2021, Section 7005, which relates to the oversight
committee for state employee charitable
contributions; extending sunset termination da te;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2 021, Section 759, as last
amended by Section 3, Cha pter 283, O.S.L. 2021, is amended to read
as follows:
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Section 759. A. There is hereby re-created, to continue until
July 1, 2022 July 1, 2025, in accordance with the provisions of the
Oklahoma Sunset Law, the Board of Tests for Alcohol and Drug
Influence to be composed of the following members beginning July 1,
2015:
1. The Dean of the Oklahoma State University College of
Osteopathic Medicine, or a designee;
2. The Dean of the Universit y of Oklahoma College of Medicine,
or a designee;
3. The Commissioner of Public Saf ety, or a designee;
4. The Director of the Oklahoma St ate Bureau of Investigation,
or a designee;
5. The State Commissioner of H ealth, or a designee;
6. The Director of the Council on Law Enforcement Education a nd
Training, or a designee;
7. One certified peace officer who is a member of a local law
enforcement agency selected by the Oklahoma Sheriffs and Peace
Officers Association; and
8. One person selected by the Okl ahoma Association of Chiefs of
Police.
Members shall serve without pay other than reimbur sement of
necessary and actual expenses as provide d in the State Travel
Reimbursement Act. Each member shall receive an appo intment in
writing which shall become a pe rmanent part of the records of the
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Board. The chair and vice-chair shall be elected from the
membership of the Board every two (2) years. The Board is
authorized to appoint a State Director of Tests for Alcohol a nd Drug
Influence and other employees , including, but not limited to,
persons to conduct training and provide administrative assist ance as
necessary for the performance of its funct ions, subject to available
funding and authorized full -time equivalent empl oyee limitations.
The Board may expend ap propriated funds for purposes consistent w ith
Sections 751 through 761 of this title and Sections 301 through 308
of Title 3 of the Oklahom a Statutes. The Legislature shall
appropriate funds to the Department of P ublic Safety for the support
of the Board of Tests For Alcohol and Drug Influence an d its
employees, if any. Upon the transfer of any employees from the
Alcohol Drug Countermeasure s Unit of the Department of Public Safety
to the Board of Tests For Alcohol and Drug Influence on July 1,
2003, all funds of the Unit appropriated and budgeted shall be
transferred to the Board, and may be budgeted and expended to
support the functions and personnel of the Board.
B. Collection of a person ’s blood to be considere d valid and
admissible in evidence, whethe r performed by or at the direction of
a law enforcement officer or at the request of the tested person,
shall have been performed by a pers on authorized to collect blood
pursuant to the provisions of Section 752 of this title. Analysis
of a person’s blood to be considered valid and admissible in
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evidence, whether performed by or at the direct ion of a law
enforcement officer or at the request of the tested person, shall
have been performed by a laboratory accredited in accordance with
ISO/IEC 17025 as defin ed in Section 150.37 of Title 74 of the
Oklahoma Statutes.
C. Collection of a person ’s breath, to be considered valid and
admissible in evidence:
1. Shall have been performed by an individual possessing a
valid permit issued by the Board of Tests for Alc ohol and Drug
Influence for this purpose; and
2. Shall have been performed on a breath a lcohol measurement
device appearing on the most cu rrent conforming products list of
such devices published by the U.S. Depart ment of Transportation in
the Federal Register, and utilizing a calibrating unit app earing on
the most current conforming products list of such devices published
by the U.S. Department of Transportation in the Federal Register;
3. Shall have been performe d on a device maintained by the
Board of Tests for Alcohol and Drug Influence; and
4. Shall have been performed in accordance with the operating
procedure prescribed by the State D irector of Tests or the Board of
Test for Alcohol and Drug Influence.
D. The Board is authorized to prescribe unifor m standards and
conditions for, and to app rove satisfactory methods, procedures,
techniques, devices, equipment and records for tests and a nalyses
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and to prescribe and approve the requisite education and training
for the performance of tests or analyses of breath to determine the
breath alcohol concentration. The Board shall establish standar ds
for and ascertain the qualifications and compet ence of individuals
to administer tests and analyses of breath to determine the breath
alcohol concentration, and to issue permits to individuals which
shall be subject to suspension or revocation at the di scretion of
the Board. The Board is authorized to prescribe uniform standards,
conditions, methods, procedures, techniques, devices, equipment and
records for the collection, handling, retention, storage,
preservation and delivery of specimens of blood, b reath, saliva and
urine obtained for the purpose o f determining the alcohol
concentration thereof or the presence or concentr ation of any other
intoxicating substance therein. The Board may take such other
actions as may be reasonably necessary or appropr iate to effectuate
the purposes of Sections 751 th rough 761 of this title and Sections
301 through 308 of Title 3 of the Okla homa Statutes, and may adopt,
amend and repeal such other rules consistent with this chapter as
the Board shall determine proper. The Board is authorized to
delegate authority gra nted in this section to the State Director of
Tests as it deems appropriate .
E. The Board shall promulgate rules ado pting uniform standards
and conditions and rules approving devices, equipment, methods,
procedures, techniques, and records for screening t ests administered
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for the purpose of determining the presence or concentrat ion of
alcohol or any other intoxicating s ubstance in a person’s blood,
breath, saliva or urine. Such screening tests shall be per formed in
compliance with the rules adopted by the Board of Tests for Alcohol
and Drug Influence. For purposes of this subse ction, "screening
test" means the use of devices, equipment, methods, procedures,
techniques and records by law enforcement officer s at roadside to
assist in the development of prob able cause.
F. The Board may set rules and charge appropriate fees for
operations incidental to its required duties and responsibilities.
G. There is hereby created in the State Treasury a revolving
fund for the Board of Tests for Alcohol and Drug Influe nce to be
designated the "Board of Tests for Alcohol and Drug Influence
Revolving Fund". The fund shall be a continu ing fund, not subject
to fiscal year limit ations, and shall consist of monies received
pursuant to the provisions of subsection F of this s ection and any
funds previously deposited in the Board of Tests for Alcohol and
Drug Influence Revolving Fund. All m onies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Board of Tests for Alcohol and Dru g Influence for operating
expenses of the Board. Expenditures from the fun ds shall be made
upon warrants issued by t he State Treasurer against claims filed as
prescribed by law with the Director of the Off ice of Management and
Enterprise Services for appr oval and payment.
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SECTION 2. AMENDATORY 63 O.S. 2 021, Section 330.52, is
amended to read as follows:
Section 330.52 A. There is hereby re-created, to continue
until July 1, 2022 July 1, 2025, in accordance with the provisions
of the Oklahoma Sunset Law, the Oklahoma State Board of Examiners
for Long-Term Care Administrators. The Oklahoma Stat e Board of
Examiners for Long-Term Care Administrators shall consist of fifteen
(15) members, eight of whom shall be representatives of th e
professions and institutions of long -term care, with representation
from each type of administrator defined in Secti on 330.51 of this
title. In order to be e ligible to serve as a member, such
administrators shall be licensed or certified in their define d
facility type, and be in good standing and have at least three (3)
years of experience as an administrator in the fa cility type they
represent, except a nursi ng facility administrator as defined in
Section 330.51 of this title, who shall have at least fi ve (5) years
of experience as a nursing facility administrator. Four member s
shall represent the general public, of w hich at least two shall be
licensed medical professionals concerned with the care and tr eatment
of critically ill or infirm elderly patien ts. The preceding twelve
members shall be appointed by the Governor, with t he advice and
consent of the Senate. The final three members shall constitute the
State Commissioner of Health, the Director of t he Department of
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Human Services, and the Director of the Department of Mental Health
and Substance Abuse Services, or their de signees.
B. No members other than the eig ht licensed or certified
administrators shall have a direct or indirect financial intere st in
long-term care facilities.
C. Effective November 1, 2011, all appointed positions of the
current Board shall be deemed vacant. The Governor shall make
initial appointments pursuant to the provisions of this subsection.
Initial appointments shall b ecome effective on November 1, 2011.
The new members of the Board shall be initially appointed as
follows:
1. Four of the members representing each administrator type ,
two members representing the general pub lic and two other members
shall be appointed f or a term of two (2) years to expire on October
31, 2013; and
2. Four of the members representing each administrator type,
two members representing the general public and one other member
shall be appointed fo r a term of three (3) years to expire on
October 31, 2014.
D. After the initial terms, the term s of all appointive members
shall be three (3) years. Any vacancy occurring in the position of
an appointive member s hall be filled by the Governor, with the
advice and consent of the Senate, for the unexp ired term.
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E. Any member of the Board shall recus e himself or herself from
voting on any matter that originated from or invol ves an entity with
which the Board member is affiliated.
SECTION 3. AMENDATORY 73 O.S. 2021, Section 83. 1, is
amended to read as follows:
Section 83.1 A. There is hereby re -created to continue until
July 1, 2022 July 1, 2025, in accordance with the Oklahoma Sunset
Law, a Capitol-Medical Center Improvement and Z oning Commission to
exercise the functions an d perform the duties hereinafter
prescribed.
B. The Commission shall be composed of eleven (11) members as
follows:
1. The Director of the Office of Management and Ent erprise
Services or his or her designee, w ho shall be ex officio chair of
the Capitol-Medical Center Improvement and Zoning Commission;
2. The Director of the Transportation Commission or his or her
designee;
3. The President of the University of Oklahom a or his or her
designee;
4. Two members appointed by the President Pro Tempore of the
Senate;
5. Two members appointed by the Speaker of the House of
Representatives;
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6. The Chair of the Planning Commission of Oklahoma City or his
or her designee;
7. The Chair of the Long-Range Capital Planni ng Commission; and
8. Two members of the Com mission appointed by the Governor,
with the advice and consent of the State Senate, for four -year
staggered terms with one term expiring on January 31 of each even -
numbered year.
C. One of the two members shall be appointed upon the
recommendation of the Citizens’ Advisory Committee. The Commission
is authorized to appoint and hire a Director, who shall serve as the
chief administrative officer of the Commission, and ot her necessary
personnel. The Attorney Gen eral of the State of Oklahoma shall be
the legal advisor to the Commission in the same capacity as he or
she is to other boards and commissions.
D. At least one of the members appointed by the President Pro
Tempore of the Senate and the Speaker of the Hou se of
Representatives shall be a resident wit hin the boundaries of the
Capitol-Medical Center Improvement and Zoning District as set forth
in Section 83 of this title.
SECTION 4. AMENDATORY 74 O.S. 2021, Section 7005, is
amended to read as follows:
Section 7005. A. The Oversight Committee for State Employee
Charitable Contributions shall be composed of the Director of the
Office of Management a nd Enterprise Services, or designee and six
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state employees, of which two shall be appo inted by the Governor,
two shall be appointed by the President Pro Tempore of the Senate
and two shall be appointed by the Speaker of the House of
Representatives. Memb ers shall serve at the pleasure of their
appointing authorities. The provisions of Sec tion 6 of Title 51 of
the Oklahoma Statutes s hall not apply to appointments to the
Committee. The Committee is re-created to continue until July 1,
2022 July 1, 2025, in accordance with the provisions of the Oklaho ma
Sunset Law.
B. The Committee annually shall elect a chairman from its
membership. The Director of the Office of Management and Ente rprise
Services shall serve as chairman until the first such election.
C. The Oversight Committee for State Employee Ch aritable
Contributions shall have the fol lowing duties and responsibilities:
1. Arrange for publication of information about the applic ation
process;
2. Review applications of federations electing to particip ate
in the State Charitable Campaign and certi fy that a federation and
each of its member agencies meet the eligibility criteria set forth
in Sections 7009 and 7010 of this title;
3. Notify in writing each of the applying federations of its
acceptance or rejection. Provided, if a federation is rejec ted, the
Committee shall provide the reas on for rejection of each of the
member agencies of the federation;
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4. Hear appeals of rejected agencies;
5. Delegate to the principal combined fund -raising organization
the primary responsibility for the staffing and the financial
obligations necessary t o comply with the provisions of this
subsection;
6. Develop a pledge card to be used throughou t the State
Charitable Campaign;
7. Select a principal combined fund -raising organization to
assist the Committee in ga thering and accumulating the applications ;
and
8. Promulgate rules to implement the p rovisions of the Oklahoma
State Employee Charitabl e Contribution Act.
D. The Office of Management and Enterprise Services shal l
provide such staff support as is required by the Committee.
E. The Oversight Comm ittee for State Employee Charitable
Contributions is authorized to appoint such advisory counci ls and
task forces as it deems necessary for counsel, advice and review
concerning the formulation and administration of the rules,
application review process an d the implementation of the Oklahoma
State Employee Charitable Contribution Act.
SECTION 5. This act shall become effective July 1, 2022.
SECTION 6. It being immediately necessary f or the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall ta ke effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES, dated
04/14/2022 - DO PASS, As Amended.