OK
Oklahoma Senate Bill SB338

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB338 Compare Versions

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4-
5-An Act
6-ENROLLED SENATE
7-BILL NO. 338 By: Paxton and Bergstrom of the
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 338 By: Paxton and Bergstrom of the
831 Senate
932
1033 and
1134
1235 Hill of the House
1336
1437
1538
16-An Act relating to motor vehicles; amending 47 O.S.
39+
40+[ Oklahoma Highway Pat rol - qualifications -
41+allowable hours of service - effective date -
42+ emergency ]
43+
44+
45+
46+
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48+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
49+and insert:
50+
51+
52+
53+
54+"An Act relating to motor vehicles; amending 47 O.S.
1755 2021, Section 2-105, which relates to Highway Patrol
1856 personnel; modifying various requirements for
1957 appointment to positions in the Oklahoma Highway
2058 Patrol; modifying restrictions for certain employees
2159 regarding the holding of public office and
2260 participating in campai gns; modifying grounds for
2361 removal of commissioned officers ; updating statutory
2462 language; providing an effective dat e; and declaring
2563 an emergency.
2664
2765
2866
29-SUBJECT: Oklahoma Highway Patrol
3067
3168 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32-
3369 SECTION 1. AMENDATORY 47 O.S. 2021, Section 2 -105, is
3470 amended to read as follows:
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3697 Section 2-105. A. The Commissioner of Public Safety, sub ject
3798 to the Oklahoma Personnel Act, sha ll appoint:
38-
3999 1. A Chief of the Oklahoma H ighway Patrol Division with the
40100 rank of Colonel, Deputy Chiefs of the Oklahoma Highway Patrol
41101 Division with the rank of Lieutenant Colonel, and subordinate
42102 officers and employe es of the Oklahoma Highway Patrol Divis ion,
43103 including Majors, Captains, Lieutena nts, and Highway Patrolmen with
44104 the rank of Trooper, who shall comprise the Oklahoma Highway Patrol
45105 Division of the Department of Public Safety; provided, any officer
46106 appointed to a commissioned position prescribed in this paragraph
47107 which is unclassified p ursuant to Section 840-5.5 of Title 74 of the
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49-ENR. S. B. NO. 338 Page 2
50108 Oklahoma Statutes shall have a right of return to the highest
51109 previously held classi fied commissioned position within the Oklahoma
52110 Highway Patrol Division of the Departm ent of Public Safety without
53111 any loss of rights, privileges or benefits immediately upon
54112 completion of the duties in the unclassified commissioned position;
55-
56113 2. A Captain, Lieutena nts, and Patrolmen who shall comprise the
57114 Marine Enforcement Section of the Oklahoma Highway Patrol Division
58115 of the Department of Public Safety;
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60116 3. A Captain, Lieutenants, and Patrolmen, who shall comprise
61117 the Capitol Patrol Section of the Oklahoma Highwa y Patrol Division
62118 of the Department of Publi c Safety; and
63-
64119 4. Communications Coordinators, Communications Superintend ents,
65120 Communications Supervisors, Communications Dispatchers, Radio
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66147 Technicians and Tower Maintenance Officers who shall comprise the
67148 Communications Division of the Department of Publ ic Safety.
68-
69149 B. 1. The Commissioner, when appointing commissioned officer s
70150 and employees to the positions set out in subsection A of this
71151 section, shall determine, in consultation with the Director of the
72152 Office of Management and Enterprise Services, minim um qualifications
73153 and shall select such officers and employees only after examinations
74154 to determine their physical and mental qualifications for such
75155 positions. The content of the examinations shall be prescribe d by
76156 the Commissioner, and all such appointe es shall satisfactorily
77157 complete a course of training in operations and p rocedures as
78158 prescribed by the Commissioner.
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80159 2. No person shall be appointed to any position set out in
81160 subsection A of this section unles s the person is a citizen of the
82161 United States of America, of good moral cha racter, and:
83-
84162 a. for commissioned officer positions, shall be at least
85163 twenty-one (21) years of age but less than forty -six
86164 (46) years of age, and shall possess:
87-
88165 (1) an associate’s degree or a minimum of sixty -two
89166 (62) successfully completed semester hours from
90167 an accredited college or university as denoted in
91168 the Database of Accredited Postsecondary
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94169 Institutions and Programs provided by the U.S.
95170 Department of Education and whose hou rs are
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96197 transferable between such recognized
97198 institutions, or
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99199 (2) shall have successfully completed thirty -two (32)
100200 semester hours from an accredited college or
101201 university as denoted in the Database of
102202 Accredited Postsecondary Institutions and
103203 Programs provided by the U.S. Department of
104204 Education and whose hours are transferable
105205 between such recognized institutions and ha ve
106206 three (3) years of honorable active military or
107207 reserve military service,
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109208 b. applicants with prior military service, shall receive
110209 up to ten (10) semester hours for each year of
111210 honorable service in any active mi litary or reserve
112211 military service up to a maximum of three (3) years or
113212 thirty (30) semester hours, and
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115213 c. for any such position in the Communications Division,
116214 a person shall be at least eighteen (18) years of age
117215 and shall possess a high school diploma or General
118216 Educational Development equiva lency certificate.
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120217 3. No commissioned officer of the Department shall, while in
121218 such position, be a candidate for any political office or take part
122219 in or contribute any money or othe r thing of value, directly or
123220 indirectly, to any political campaign or to any candidate for public
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124247 office. Anyone convicted of violating the provisions of this
125248 paragraph shall be guilty of a misdemeanor and shal l be punished as
126249 provided by law.
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128250 4. The Commissioner or any employee of th e Department shall not
129251 be a candidate for any political office, or in any way be active or
130252 participate in any political contest of any Primary, General, or
131253 Special Election, except to cast a ballot. No commissioned officer
132254 of the Department, while in the performance of the officer’s
133255 assigned duty of providing security and protection, shall be
134256 considered as participating in a political campaign. The provisions
135257 of this paragraph sha ll not be construed to preclude a commission ed
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138258 officer of the Oklahoma Highw ay Patrol Division of the Department of
139259 Public Safety from being a candidate for a position on a local board
140260 of education.
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142261 5. Drunkenness or being under the influence of intoxicat ing
143262 substances shall be sufficient grounds f or the removal of any
144263 commissioned officer of the Department, in and by t he manner
145264 provided for in this section.
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147265 No person shall be appointed to any position set out in
148266 subsection A of this section unless the per son is a citizen of the
149267 United States and of good moral character. The Commissioner shall
150268 determine minimum qualific ations for all positions set out in
151269 subsection A of this section, provided such qualifications shall
152270 include, but are not limite d to, the following:
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154297 1. For commissioned officer posit ions:
155-
156298 a. appointees shall be selected only after examination to
157299 determine physical and mental fitness for such
158300 positions. The examination criteria shall be
159301 prescribed by the Commissioner ,
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161302 b. appointees shall be at least twenty -one (21) years of
162303 age but less than forty-six (46) years of age,
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164304 c. prior to receiving a commission, all such appointees
165305 shall satisfactorily complete a course of training in
166306 operations and procedures as prescribed by the
167307 Commissioner, and
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169308 d. prior to receiving a commission, all suc h appointees
170309 shall possess an associate's degree or a minimum of
171310 sixty-two (62) successfully completed semester hours
172311 from an accredited college or university as denoted in
173312 the Database of Accredited Postsec ondary Institutions
174313 and Programs provided by the U.S. Department of
175314 Education and whose hours are transferable between
176315 such recognized institutions. Prior years of military
177316 or law enforcement service shall qualify as a
178317 substitute for the educational requi rement, up to a
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181318 maximum of thirty (30) semester h ours, for any
182319 combination of the following:
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184346 (1) ten (10) semester hours f or each year of
185347 honorable service in any active military or
186348 reserve military service,
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188349 (2) ten (10) semester hours for each year the
189350 appointee worked as a paid, full -time, CLEET-
190351 certified law enforcement officer of a law
191352 enforcement agency within the State of Oklahoma,
192353 or
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194354 (3) ten (10) semester hours for each year the
195355 appointee worked as a paid, full -time sworn law
196356 enforcement officer ce rtified by a state peace
197357 officer standards and trai ning agency as a peace
198358 officer in another state, or any officer who has
199359 been certified as a federal peace officer by a
200360 CLEET-recognized law enforcement agency ; and
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202361 2. Any person appointed to a position in the Communications
203362 Division shall be at least eigh teen (18) years of age and shall
204363 possess a high school diploma or General Educational Development
205364 equivalency certificate.
365+C. 1. Upon initial appointment to the position of Cadet
366+Highway Patrolman or Probati onary Communications Dispatcher, the
367+appointed employee shall be required to serve an initial
368+probationary period of twe lve (12) months. The Commissioner may
369+extend the probationary period for up to three (3) additional months
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396+provided that the employee a nd the Office of Management and
397+Enterprise Services are notified in writing as to such action and
398+the reasons thereof. During such probationary period, the employee
399+may be terminated at any time and for any reason at the discretion
400+of the Commissioner. R etention in the service after expiration of
401+the initial probationary period shall entitle such employee to be
402+classified as a permanent employee and the employee shall be so
403+classified. No permanent employee may be discharged or removed
404+except as provided for in this section.
405+2. A commissioned office r of the Oklahoma Highway Patrol
406+Division may be promoted during the init ial probationary period if
407+such officer satisfactorily completes all training requirements
408+prescribed by the Commissioner.
409+D. 1. No commissioned officer of the Department shall be a
410+candidate for any political off ice or take part in or contribute any
411+money or other thing of value, directly or indirectly, to any
412+political campaign or to any candidate fo r public office. Anyone
413+convicted of violating the provisions of this paragraph sh all be
414+guilty of a misdemeanor a nd shall be punished as provided by law.
415+2. No commissioned officer of the Department, while in the
416+performance of the officer 's assigned duty of providing security and
417+protection, shall be considered as participating in a political
418+campaign. The provisions of this paragraph shall not be constr ued
419+to preclude a commissioned officer of the Oklahoma Highway Patrol
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446+Division of the Depa rtment of Public Safety from being a candidate
447+for a position on a local board of education.
448+3. The Commissioner or any empl oyee of the Department shall not
449+be a candidate for any political office, or in any way be active or
450+participate in any political c ontest of any Primary, General, or
451+Special Election, except to cast a ballot.
452+E. Drunkenness or being under the influence of intoxicating
453+substances shall be suffici ent grounds for the removal of any
454+commissioned officer of the Department, as provided for in this
455+section.
456+F. 1. No permanent employee, as provided for in this section,
457+who is a commissioned officer of the Depart ment, may be suspended
458+without pay or dismissed unless the employee has been notified in
459+writing by the Commissioner of such intended action and the reasons
460+thereof. No such notice shall be given by the Commissioner unless
461+sworn charges or statements have been obtained to justify the
462+action.
463+2. Whenever such charges are preferred, the Commissioner may
464+suspend the accused pending the hearing and final determina tion of
465+such charges. If the charges are not sustained in whole or in part,
466+the accused shall be entitled to pay during the period of suc h
467+suspension. If the charges are sustained in whole or in part, the
468+accused shall not receive any pay for the period of such suspension.
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495+3. Commissioned officers of the Department o f Public Safety are
496+not entitled to appeal intra-agency transfer to the O klahoma Merit
497+Protection Commission pursuant to the Oklahoma Personnel Act unless
498+the transfer is in violation of Section 840-2.5 or 840-2.9 of Title
499+74 of the Oklahoma Statutes.
500+4. The Department of Public Safety shall follow the uniform
501+grievance procedure established and adopted by the Office of
502+Management and Enterprise Services for permanent classified
503+employees, except for those employees who are commissioned officers
504+of the Department. The Department of Publ ic Safety shall establish
505+and adopt a proprietary grievance procedure for commissioned
506+officers of the Department which is otherwise in compliance with the
507+provisions of Section 840-6.2 of Title 74 of the Oklahoma Statutes.
508+E. G. 1. The Commissioner is h ereby authorized to purchase and
509+issue uniforms and necessary equipment for all commissioned officers
510+of the Oklahoma Highway Patrol Division of the Department. All
511+uniforms and equipment shall be used only in the performan ce of the
512+official duties of such officers and shall remain the property of
513+the Department, except as provided in Section 2 -150 of this title.
514+2. Each commissioned officer of the Highway Patrol Division of
515+the Department of Public Safety shall be entitled to reimbursement
516+of expenses pursuant to the State Travel Reimbursement Act while
517+away from the assigned area of the officer as designated by the
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544+Chief of the Oklahoma Highway Patrol Division, when such expense is
545+incurred in the service of the state.
546+F. H. 1. The positions with the rank of Colonel and Lieutenant
547+Colonel of the Oklahoma Highway Patrol Division shall be filled from
548+the body of commissioned officers of the Oklahoma Highway Patrol
549+Division and appointment to said position positions shall be based
550+on qualifications, prev ious record as a commissioned officer of th e
551+Oklahoma Highway Patrol Division, length of service, years of
552+experience within the Oklahoma Highway Patrol Division or other
553+service as prescribed in this subsection, and efficienc y of service
554+performed.
555+2. In addition to the requirements of paragraph 1 of this
556+subsection, the position of Chief of the Oklahoma Highway Patrol
557+Division shall be based on one of the following:
558+a. one (1) year of experience in any combination:
559+(1) as Commissioner of Public Safety,
560+(2) as Assistant Commissioner of Public Safe ty, or
561+(3) as Assistant Chief,
562+b. two (2) years of experience in any combination:
563+(1) as Deputy Chief or higher rank, or
564+(2) if the experience was prior to April 21, 2006, as
565+Major or higher rank,
566+c. four (4) years of experience in any combination:
567+(1) as Major or higher rank, or
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594+(2) if the experience was prior to April 21, 2006, as
595+Captain or higher rank, or
596+d. six (6) years of experience in a ny combination:
597+(1) as Captain or higher r ank, or
598+(2) if the experience was prior to April 21, 2006, as
599+First Lieutenant or higher rank.
600+3. In addition to the requirements of paragraph 1 of this
601+subsection, the position of Deputy Chief of the Oklahoma Hig hway
602+Patrol Division shall be based on one of the following:
603+a. one (1) year of experience in any combination:
604+(1) as Commissioner of Public Safety,
605+(2) as Assistant Commissioner of Public Safety, or
606+(3) as Colonel,
607+b. two (2) years of experience in any co mbination:
608+(1) as Major or higher rank, or
609+(2) if the experience was pri or to April 21, 2006, as
610+Captain or higher rank, or
611+c. four (4) years of experience in any combination:
612+(1) as Captain or higher rank, or
613+(2) if the experience was prior to April 21, 2 006, as
614+Highway Patrol First Lieutenant or higher rank.
615+G. I. The Commissioner of Public Safety is hereby authoriz ed to
616+send employees of the Department of Publ ic Safety to schools such as
617+Northwestern University Center for Public Safety, Southern Police
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644+Institute, the FBI National Academy, the I nstitute of Police
645+Technology and Management, or to any other schools of similar
646+training which would be conducive to i mproving the efficiency of the
647+Oklahoma Highway Patrol Division and the Department of Public
648+Safety. While an employee is attending a sc hool, the Commissioner
649+is authorized to permit the employee to use a stat e-owned vehicle
650+and to use a fuel-purchasing card for any expenses related to the
651+operation of the vehicle. In addition, while an employee i s
652+attending the FBI National Academy, a on e-time expense allowance of
653+Two Thousand Dollars ($2,000.00) for uniforms , fees, travel, room
654+and board, and other rela ted expenses shall be paid to the employee
655+by the Department; provided, the employee shall not be further
656+compensated through the State T ravel Reimbursement Act, and, if any
657+other agency reimburses the employee for any expenses, the
658+reimbursement shall be given to the Department. All purchases made
659+by the employee with the expense allowance shall b e considered
660+property of the employee.
661+H. J. 1. Any former commissioned officer of the Department
662+whose separation from the Department was at such officer's own
663+request and not a result of such officer 's own actions contrary to
664+the policy of the Departme nt or was not as a result of the
665+retirement of that officer from the Depar tment may make application
666+for reinstatement as a commissioned officer of the division or
667+section of the Department in which such officer was previously
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694+employed, provided such reins tated officer will be able to complete
695+twenty (20) years of credited servi ce by the time the reinstated
696+officer reaches sixty-two (62) years of age. The Commission er may
697+waive the requirements of possessing the number of semester hours or
698+degree as required in subsection B of this section for any former
699+commissioned officer mak ing application for reinstatement as a
700+commissioned officer of the Department. The Commis sioner may
701+require the applicant for reinstatement to attend selected courses
702+of instruction, as prescribed by the Commissioner.
703+2. In the event of future hostilitie s wherein the Congress of
704+the United States declares this nation in a state of war with a
705+foreign nation, including military service brought about by the
706+Vietnam War, any period of m ilitary service served by a commissioned
707+officer of the Department shall b e considered as continued service
708+with such Department, provided such commissioned officer returns to
709+duty with the Department within sixty (60) days after release from
710+military service.
711+SECTION 2. This act shall become effective July 1, 2022.
712+SECTION 3. It being immediately necessary for the preservation
713+of the public peace, health or safety, an emergency is hereby
714+declared to exist, by reason whereof this act shall take effect and
715+be in full force from and after its passage and approval."
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744+Passed the House of Representatives the 26th day of April, 2022.
745+
746+
747+
748+
749+
750+Presiding Officer of the House of
751+ Representatives
752+
753+
754+Passed the Senate the ____ day of _______ ___, 2022.
755+
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759+
760+Presiding Officer of t he Senate
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788+ENGROSSED SENATE
789+BILL NO. 338 By: Paxton and Bergstrom of the
790+Senate
791+
792+ and
793+
794+ Hill of the House
795+
796+
797+
798+[ Oklahoma Highway Pat rol - qualifications -
799+allowable hours of service - effective date -
800+ emergency ]
801+
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806+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
807+SECTION 4. AMENDATORY 47 O.S. 2011, Section 2-102, as
808+amended by Section 1, Chapter 60, O.S.L. 2018 (47 O.S. Supp. 2020,
809+Section 2-102), is amended to read as follows:
810+Section 2-102. A. 1. The Department shall be under the
811+control of an executive officer to be known as the “Commissioner of
812+Public Safety”, who shall be appoint ed by the Governor with the
813+advice and consent of the Senate and shall serve at the pleasure of
814+the Governor and may be removed or r eplaced without cause.
815+Compensation for the Commissioner shall be determined by the
816+Governor. The Commissioner may be removed fro m office by a two-
817+thirds (2/3) vote of the members elected to and con stituting each
818+chamber of the Legislat ure.
819+2. The Commissioner of Public Safety shall be a professional
820+law enforcement officer with ten (10) years ’ experience in the field
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847+of law enforcement or with five (5) years ’ experience in the fi eld
848+of law enforcement and a graduate of a four -year college with a
849+degree in law enforcement administration, law, criminology or a
850+related science qualified for such position by character, k nowledge,
851+skill, ability, education, training and successful administrative
852+experience and shall have five (5) years of p rofessional level work.
853+3. Any vacancy in the office of the Commissioner sha ll be
854+filled in the same manner as the original appoin tment is made.
855+4. The Commissioner shall be allowed the actual and necessary
856+expenses incurred in the perfo rmance of official duties of the
857+Commissioner while away from the office.
858+B. The Commissioner of Public Safety, after appointment and
859+before entering upon the discharge of duties, shall take and
860+subscribe to the oath of office required by the Constitution .
861+Bonding of the Commissioner of Pu blic Safety and other employees of
862+the Department will be provided under the provisions of Section
863+85.26 of Title 74 of the Oklahoma Statutes.
864+C. The Commissioner of Public Safety shall be eligible to
865+participate in either the Oklahoma Public Employees Re tirement
866+System or in the Oklahoma Law Enforcement Retirem ent System and
867+shall make an irrevocable election in wr iting to participate in one
868+of the two retirement systems.
869+D. Any employee of the Department of Public Safe ty appointed to
870+the position of Commissioner shall have the ability to return to the
871+
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897+previous position of the employee without any loss of rights,
898+privileges or benefits immediately upon completion of the duties as
899+Commissioner, provided the employee is no t otherwise disqualified
900+due to disciplinary reasons, termination of employment or inability
901+to effectively lead the agency.
902+SECTION 5. AMENDATORY 47 O.S. 2011, Section 2 -105, as
903+last amended by Section 1, Chapter 282, O.S.L. 2017 (47 O.S. Supp.
904+2020, Section 2-105), is amended to read as follows:
905+Section 2-105. A. The Commissioner of Public Safety, subject
906+to the Oklahoma Personnel Act, shall appoint:
907+1. A Chief of the Oklahoma Highway Patrol Division with the
908+rank of Colonel, Deputy Chiefs of the O klahoma Highway Patrol
909+Division with the rank of Lieutenant Colonel, and subordinate
910+officers and employees of the Oklahoma Highway Patrol D ivision,
911+including Majors, Captains, Lieutenants , and Highway Patrolmen with
912+the rank of Trooper, who shall comprise the Oklahoma Highway Patrol
913+Division of the Department of Public Safety; provided, any officer
914+appointed to a commissioned position prescri bed in this paragraph
915+which is unclassified pursuant to Section 840 -5.5 of Title 74 of the
916+Oklahoma Statutes shall h ave a right of return to the highest
917+previously held classified commissioned position within the Highway
918+Patrol Division of the Department o f Public Safety without any loss
919+of rights, privileges or benefits immediatel y upon completion of the
920+duties in the unclassified commissioned position;
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947+2. A Captain, Lieutenants, and Patrolmen, who shall comprise
948+the Marine Enforcement Section of the Oklah oma Highway Patrol
949+Division of the Department of Public Safety;
950+3. A Captain, Lieutenants, and Patrolmen, who shall comprise
951+the Capitol Patrol Section of the Oklahoma Highway Patrol Division
952+of the Department of Public Safety; and
953+4. Communications Coor dinators, Communications Superintendents,
954+Communications Supervisors, Communi cations Dispatchers, Radio
955+Technicians and Tower Maintenance Officers shall comprise the
956+Communications Division of the Department of Public Safety.
957+B. 1. The Commissioner, when appointing commissioned officers
958+and employees to the positions set out in s ubsection A of this
959+section, shall determine, in consultation with the Director of the
960+Office of Management and Enterprise Services, minimum qualifications
961+and shall select such o fficers and employees only after examinations
962+to determine their physical and mental qualifications for such
963+positions. The content of the examinations shall be prescribed by
964+the Commissioner, and all such appointees shall satisfactorily
965+complete a course of training in operations and procedures as
966+prescribed by the Commissioner.
967+2. No person shall be appointed to any position set out in
968+subsection A of this section unless the person is a citizen of the
969+United States of America, of good moral character , and:
970+
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996+a. for commissioned officer positions, shall be at least
997+twenty-one (21) years of age but less than forty-six
998+(46) years of age, and shall possess:
999+(1) possess an associate’s degree or a minimum of
1000+sixty-two (62) successfully completed semester
1001+hours from an accredited college or university as
1002+denoted in the Database of Accredi ted
1003+Postsecondary Institutions and Prog rams provided
1004+by the U.S. Department of Education and whose
1005+hours are transferable between such recognized
1006+institutions, or
1007+(2) shall have successfully completed thirty -two (32)
1008+semester hours from an accredited colle ge or
1009+university as denoted in the Data base of
1010+Accredited Postsecondary Institutions and
1011+Programs provided by the U.S. Department of
1012+Education and whose hours are transferable
1013+between such recognized institutions and have
1014+three (3) years of honorable activ e military or
1015+service, reserve military service or law
1016+enforcement experience, as described in this
1017+section, or
1018+(3) have been a paid, full-time CLEET certified law
1019+enforcement officer of a state or local law
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1046+enforcement agency within the State of Oklahoma,
1047+or
1048+(4) have been a paid, full-time sworn law enforcement
1049+officer who has been certified by a state peace
1050+officer standards and training agency as a peace
1051+officer in another state, or any officer who has
1052+been certified as a federal peace officer by a
1053+CLEET Council recognized law enforcement agency,
1054+and
1055+b. applicants with prior military service, shall receive
1056+up to ten (10) semester hours for each year of
1057+honorable service in any active military or reserve
1058+military service up to a maximum of three (3) years or
1059+thirty (30) semester hours, and
1060+c. for any such position in the Communications Division,
1061+a person shall be at least eighteen (18) years of age
1062+and shall possess a high school diploma or General
1063+Educational Development equivalency certificate.
1064+3. Applicants with prior military service shall receive up to
1065+ten (10) semester hours for each year of honorable service in any
1066+active military or reserve military up to a m aximum of three (3)
1067+years or thirty (30) semester hours.
1068+4. Applicants with prior law enforcement experience shall
1069+receive up to ten (10) s emester hours for each year of service as a
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1096+paid, full-time, sworn law enforcement officer up to a maximum of
1097+three (3) years or thirty (30) semester hours.
1098+5. No commissioned officer of the Department shall, w hile in
1099+such position, be a candidate for any political office or take part
1100+in or contribute any money or other thing of value, directly or
1101+indirectly, to any politic al campaign or to any candidate for public
1102+office. Anyone convicted of violating the prov isions of this
1103+paragraph shall be guilty o f a misdemeanor and shall be punished as
1104+provided by law.
1105+4. 6. The Commissioner or any employee of the Department shall
1106+not be a candidate for any political office, or in any way be active
1107+or participate in any p olitical contest of any Primary, General , or
1108+Special Election, except to cast a ballot. No commissioned officer
1109+of the Department, while in the performance of the off icer’s
1110+assigned duty of providing security and protection, shall be
1111+considered as partici pating in a political campaign. The provi sions
1112+of this paragraph shall not be construed to preclude a commissioned
1113+officer of the Oklahoma Highway Patrol Division of the Department of
1114+Public Safety from being a candidate for a position on a local board
1115+of education.
1116+5. 7. Drunkenness or being un der the influence of intoxicating
1117+substances shall be sufficient grounds for the removal of any
1118+commissioned officer of the De partment, in and by the manner
1119+provided for in this section.
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2061145
2071146 C. 1. Upon initial appoin tment to the position of Cadet
2081147 Highway Patrolman or Probationary Communications Dispatcher, the
2091148 appointed employee shall be required to serve an initial
2101149 probationary period of twelve (12) months. The Commissioner may
2111150 extend the probationary period for up to three (3) additional months
2121151 provided that the employee and the Office of Management and
2131152 Enterprise Services are notified in writing as to such action and
2141153 the reasons thereof. During such probationary period, the employee
2151154 may be terminated at any time a nd for any reason at the discretion
2161155 of the Commissioner. Retention in the service after expiration of
2171156 the initial probationary period shall entitle such employee to be
2181157 classified as a permanent employee and the employee shall be so
2191158 classified. No permane nt employee may be discharged or removed
2201159 except as provided for in this section.
221-
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2241160 2. A commissioned officer of the Oklahoma Highway Patrol
2251161 Division may be promoted duri ng the initial probationary period if
2261162 such officer satisfactorily completes all training requirements
2271163 prescribed by the Commission er.
228-
229-D. 1. No commissioned officer of the Department shall be a
230-candidate for any political off ice or take part in or contribute any
231-money or other thing of value, directly or indirectly, to any
232-political campaign or to any can didate for public office. Anyone
233-convicted of violating the provisions of this paragraph sh all be
234-guilty of a misdemeanor a nd shall be punished as provided by law.
235-
236-2. No commissioned officer of the Department, while in the
237-performance of the officer 's assigned duty of providing security and
238-protection, shall be considered as participating in a political
239-campaign. The provisions of this paragraph shall not be constr ued
240-to preclude a commissioned officer of the Oklahoma Highway Patrol
241-Division of the Depa rtment of Public Safety from being a candidate
242-for a position on a local board of education.
243-
244-3. The Commissioner or any empl oyee of the Department shall not
245-be a candidate for any political office, or in any way be active or
246-participate in any political contest of any Primary, General, or
247-Special Election, except to cast a ballot.
248-
249-E. Drunkenness or being under the influence of intoxicating
250-substances shall be suffici ent grounds for the removal of any
251-commissioned officer of the Department, as provided for in this
252-section.
253-
254-F. 1. No permanent employee, as provided for in this section,
1164+D. 1. No permanent employee, as provided for in this section,
2551165 who is a commissioned officer of the Department, may be su spended
2561166 without pay or dismissed unless the employee has been notified in
2571167 writing by the Commissioner of such intended action and the reasons
2581168 thereof. No such notice shall be given by the Commissioner unless
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2591195 sworn charges or statements have been obtained to justify the
2601196 action.
261-
2621197 2. Whenever such charges are preferred, the Commissioner may
2631198 suspend the accused pending the hearing and f inal determination of
2641199 such charges. If the charges are not sustained in whole or in part,
2651200 the accused shall be entitled to pa y during the period of such
266-
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2681201 suspension. If the charges are sustained in whole or in par t, the
2691202 accused shall not receive any pay f or the period of such suspension.
270-
2711203 3. Commissioned officers of the Department of Public Safety are
2721204 not entitled to appeal intr a-agency transfer to the Oklahoma Merit
2731205 Protection Commission pursuant to the Oklahoma P ersonnel Act unless
274-the transfer is in violation of Section 840-2.5 or 840-2.9 of Title
275-74 of the Oklahoma Statutes.
276-
1206+transfer is in violati on of Section 840-2.5 or 840-2.9 of Title 74
1207+of the Oklahoma Statutes.
2771208 4. The Department of Public Safety shall follow the un iform
2781209 grievance procedure established and adopted by the Office of
2791210 Management and Enterp rise Services for permanent classified
2801211 employees, except for those employees who are commissioned officers
2811212 of the Department. The Department of Public Safety shall est ablish
2821213 and adopt a proprietary grievance procedure for commissioned
2831214 officers of the Depa rtment which is otherwise in compliance wi th the
2841215 provisions of Section 840-6.2 of Title 74 of the Oklahoma Statutes.
1216+E. 1. The Commissioner is hereby authorized to pu rchase and
1217+issue uniforms and necessary equipment for all commissioned officers
1218+of the Highway Patrol Division of the Department. All uniforms and
2851219
286-E. G. 1. The Commissioner is h ereby authorized to purchase and
287-issue uniforms and necessary equipment for all commissioned officers
288-of the Oklahoma Highway Patrol Division of the Department. All
289-uniforms and equipment shall be used only in the performan ce of the
290-official duties of such officers and shall remain the property of
291-the Department, except as provided in Section 2 -150 of this title.
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1245+equipment shall be used only in the performance of the official
1246+duties of such officers and shall remain the property of the
1247+Department, except as provided in Section 2 -150 of this title.
2931248 2. Each commissioned officer of the Highway Patro l Division of
2941249 the Department of Public Safety shall be entitled to reimbursement
2951250 of expenses pursuant to the State Travel Reim bursement Act while
2961251 away from the assigned area of the officer as designated by the
2971252 Chief of the Oklahoma Highway Patrol Division, when such expense is
2981253 incurred in the service of the state.
299-
300-F. H. 1. The positions with the rank of Colonel and Lieutenant
1254+F. 1. The positions with the rank of Colonel and Lieutenant
3011255 Colonel of the Oklahoma Highway Patrol Division shall be filled from
3021256 the body of commissione d officers of the Oklahoma Highway Patrol
303-Division and appointment to said position positions shall be based
304-on qualifications, prev ious record as a commissioned officer of th e
1257+Division and appointment to said the position shall be based on
1258+qualifications, previous record as a commissioned officer of the
3051259 Oklahoma Highway Patrol Division, length of service, years of
3061260 experience within the O klahoma Highway Patrol Division or other
3071261 service as prescribed in this subsection, and efficiency of service
3081262 performed.
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3121263 2. In addition to the requirements of paragraph 1 o f this
3131264 subsection, the position of Chief of the Oklahoma Highway Patrol
3141265 Division shall be based on one of the following:
315-
3161266 a. one (1) year of experience in any combination:
317-
3181267 (1) as Commissioner of Public Safety,
319-
3201268 (2) as Assistant Commissioner of Public Safety, or
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3221295 (3) as Assistant Chief,
323-
3241296 b. two (2) years of experience in any combination:
325-
3261297 (1) as Deputy Chief or higher rank, or
327-
3281298 (2) if the experience was prior to April 21, 2006, as
3291299 Major or higher rank,
330-
3311300 c. four (4) years of experience in any combination:
332-
3331301 (1) as Major or higher rank, or
334-
1302+(2) if the experience was prior to April 21, 2006, as
1303+Captain or higher rank, or
1304+d. six (6) years of exp erience in any combination:
1305+(1) as Captain or higher rank, or
1306+(2) if the experience was prior to April 21, 2006, as
1307+First Lieutenant or higher rank.
1308+3. In addition to the requirements of paragraph 1 of this
1309+subsection, the position of Deputy Chief of the Oklahoma Highway
1310+Patrol Division shall be based on one of the following:
1311+a. one (1) year of experience in any combination:
1312+(1) as Commissioner of Public Safety,
1313+(2) as Assistant Commissioner of Public Safety, or
1314+(3) as Colonel,
1315+b. two (2) years of experien ce in any combination:
1316+(1) as Major or higher rank, or
3351317 (2) if the experience was prior to April 21, 2006, as
3361318 Captain or higher ran k, or
3371319
338-d. six (6) years of experience in a ny combination:
339-
340-(1) as Captain or higher r ank, or
341-
342-(2) if the experience was prior to April 21, 2006, as
343-First Lieutenant or higher rank.
344-
345-3. In addition to the requirements of parag raph 1 of this
346-subsection, the position of Deputy Chief of the Oklahoma Hig hway
347-Patrol Division shall be based on one of the following:
348-
349-a. one (1) year of experience in any combination:
350-
351-(1) as Commissioner of Public Safety,
352-
353-(2) as Assistant Commissioner of Public Safety, or
354-
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357-(3) as Colonel,
358-
359-b. two (2) years of experience in any co mbination:
360-
361-(1) as Major or higher rank, or
362-
363-(2) if the experience was pri or to April 21, 2006, as
364-Captain or higher rank, or
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3651344
3661345 c. four (4) years of experience in any combination:
367-
3681346 (1) as Captain or higher r ank, or
369-
3701347 (2) if the experience was prior to April 21, 2006, as
3711348 Highway Patrol First Lieutenant or higher rank.
372-
373-G. I. The Commissioner of Public Safety is hereby authoriz ed to
1349+G. The Commissioner of Public Safety is hereby authorized to
3741350 send employees of the Department of Public Safety to schools such as
3751351 Northwestern University Center for Public Safety, Souther n Police
3761352 Institute, the FBI National Academy, the Institute of Police
3771353 Technology and Management, or to any other schools of simila r
3781354 training which would be conducive to improving the efficiency of the
3791355 Oklahoma Highway Patrol Division and the Department of Public
3801356 Safety. While an employee is attending a school, the Commissioner
3811357 is authorized to permit the employee to use a state -owned vehicle
3821358 and to use a fuel-purchasing card for any expenses related to the
3831359 operation of the vehicle. In addition, while an e mployee is
3841360 attending the FBI National Academy, a one-time expense allowance of
3851361 Two Thousand Dollars ($2,000.00) for uniforms, fees , travel, room
3861362 and board, and other related expenses shall be paid to the employee
3871363 by the Department; provided, the employee s hall not be further
3881364 compensated through the State Travel Reimbursement Act, and, if any
3891365 other agency reimburses the employee for a ny expenses, the
3901366 reimbursement shall be given to the Department. All purchases made
3911367 by the employee with the expense allowanc e shall be considered
3921368 property of the employee.
3931369
394-H. J. 1. Any former commissioned officer of the Department
395-whose separation from the Department was at such officer's own
396-request and not a result of such officer 's own actions contrary to
397-the policy of the Departme nt or was not as a result of the
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400-retirement of that officer from the Depar tment may make application
401-for reinstatement as a commissioned officer of the division or
402-section of the Department in which such officer was previously
403-employed, provided such reins tated officer will be able to complete
404-twenty (20) years of credited servi ce by the time the reinstated
405-officer reaches sixty-two (62) years of age. The Commission er may
406-waive the requirements of possessing the number of semester hours or
407-degree as required in subsection B of this section for any former
408-commissioned officer mak ing application for reinstatement as a
409-commissioned officer of the Department. The Commis sioner may
410-require the applicant for reinstatement to attend selected courses
411-of instruction, as prescribed by the Commissioner.
412-
1395+H. 1. Any former commissioned officer of the Department whose
1396+separation from the Department was at such officer ’s own request and
1397+not a result of such officer ’s own actions contrary to the policy of
1398+the Department or was not as a result of the retirement of that
1399+officer from the Department may make application for reinstatement
1400+as a commissioned officer of the division or section of the
1401+Department in which such offi cer was previously employed, provided
1402+such reinstated officer will be able to complete twenty (20) years
1403+of credited service by the time the reinstated officer reaches
1404+sixty-two (62) years of age. The Commissioner may waive the
1405+requirements of possessing the number of semester hours or degree as
1406+required in subsection B of this section for any former commissioned
1407+officer making application for reinstatement as a commissione d
1408+officer of the Department. The Commissioner may require the
1409+applicant for reinsta tement to attend selected courses of
1410+instruction, as prescribed by the Commissioner.
4131411 2. In the event of future hostilities wherein the Congress of
4141412 the United States declar es this nation in a state of war with a
4151413 foreign nation, including military service b rought about by the
4161414 Vietnam War, any perio d of military service served by a commissioned
4171415 officer of the Department shall be considered as continued service
4181416 with such Department, provided such commissioned officer returns to
4191417 duty with the Department within sixty (60) days after release from
4201418 military service.
4211419
422-SECTION 2. This act shall become effective July 1, 2022.
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4231444
424-SECTION 3. It being immediately necessary for the preservation
1445+SECTION 6. This act shall become effective July 1, 2021.
1446+SECTION 7. It being immediately necessa ry for the preservation
4251447 of the public peace, health or safety, an emergency is hereby
4261448 declared to exist, by reason whereof this act shall take effect and
4271449 be in full force from and after its passage and approval.
428-
429-
430-ENR. S. B. NO. 338 Page 11
431-Passed the Senate the 16th day of May, 2022.
1450+Passed the Senate the 11th day of March, 2021.
4321451
4331452
4341453
4351454 Presiding Officer of the Senate
4361455
4371456
438-Passed the House of Representatives the 26th day of April, 2022.
1457+Passed the House of Representatives the ____ day of __________,
1458+2021.
4391459
4401460
4411461
4421462 Presiding Officer of the House
4431463 of Representatives
4441464
445-OFFICE OF THE GOVERNOR
446-Received by the Office of the Governor this _______ _____________
447-day of _________________ __, 20_______, at _______ o'clock _______ M.
448-By: _______________________________ __
449-Approved by the Governor of the State of Oklahoma this _____ ____
450-day of _________________ __, 20_______, at _______ o'clock _______ M.
4511465
452- _________________________________
453- Governor of the State of Oklahoma
454-
455-
456-OFFICE OF THE SECRETARY OF STATE
457-Received by the Office of the Secretary of State this _______ ___
458-day of __________________, 20 _______, at _______ o'clock _______ M.
459-By: _______________________________ __