An Act
ENROLLED SENATE
BILL NO. 338 By: Paxton and Bergstrom of the
Senate
and
Hill of the House
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 2-105, which relates to Highway Patrol
personnel; modifying various requirements for
appointment to positions in the Oklahoma Highway
Patrol; modifying restrictions for certain employees
regarding the holding of public office and
participating in campai gns; modifying grounds for
removal of commissioned officers ; updating statutory
language; providing an effective dat e; and declaring
an emergency.
SUBJECT: Oklahoma Highway Patrol
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 2 -105, is
amended to read as follows:
Section 2-105. A. The Commissioner of Public Safety, sub ject
to the Oklahoma Personnel Act, sha ll appoint:
1. A Chief of the Oklahoma H ighway Patrol Division with the
rank of Colonel, Deputy Chiefs of the Oklahoma Highway Patrol
Division with the rank of Lieutenant Colonel, and subordinate
officers and employe es of the Oklahoma Highway Patrol Divis ion,
including Majors, Captains, Lieutena nts, and Highway Patrolmen with
the rank of Trooper, who shall comprise the Oklahoma Highway Patrol
Division of the Department of Public Safety; provided, any officer
appointed to a commissioned position prescribed in this paragraph
which is unclassified p ursuant to Section 840-5.5 of Title 74 of the
ENR. S. B. NO. 338 Page 2
Oklahoma Statutes shall have a right of return to the highest
previously held classified commissioned position within the Oklahoma
Highway Patrol Division of the Departm ent of Public Safety without
any loss of rights, privileges or benefits immediately upon
completion of the duties in the unclassified commissioned position;
2. A Captain, Lieutena nts, and Patrolmen who shall comprise the
Marine Enforcement Section of the Oklahoma Highway Patrol Division
of the Department of Public Safety;
3. A Captain, Lieutenants, and Patrolmen, who shall comprise
the Capitol Patrol Secti on of the Oklahoma Highwa y Patrol Division
of the Department of Publi c Safety; and
4. Communications Coordinators, Communications Superintend ents,
Communications Supervisors, Communications Dispatchers, Radio
Technicians and Tower Maintenance Officers who shall comprise the
Communications Division of the Department of Publ ic Safety.
B. 1. The Commissioner, when appointing commissioned officer s
and employees to the positions set out in subsection A of this
section, shall determine, in consultation with the Director of the
Office of Management and Enterprise Services, minim um qualifications
and shall select such officers and employees only after examinations
to determine their physical and mental qualifications for such
positions. The content of the exam inations shall be prescribe d by
the Commissioner, and all such appointe es shall satisfactorily
complete a course of training in operations and p rocedures as
prescribed by the Commissioner.
2. No person shall be appointed to any position set out in
subsection A of this section unles s the person is a citizen of the
United States of America, of good moral cha racter, and:
a. for commissioned officer positions, shall be at least
twenty-one (21) years of age but less than forty -six
(46) years of age, and shall possess:
(1) an associate’s degree or a minimum of sixty -two
(62) successfully completed semester hours from
an accredited college or university as denoted in
the Database of Accredited Postsecondary
ENR. S. B. NO. 338 Page 3
Institutions and Programs provided by the U.S.
Department of Education and whose hou rs are
transferable between such recognized
institutions, or
(2) shall have successfully completed thirty -two (32)
semester hours from an accredited college or
university as denoted in the Database of
Accredited Postsecondary Institutions and
Programs provided by the U.S. Department of
Education and whose hours are transferable
between such recognized institutions and ha ve
three (3) years of honorable active military or
reserve military service,
b. applicants with prior milit ary service, shall receive
up to ten (10) semester hours for each year of
honorable service in any active mi litary or reserve
military service up to a maximum of three (3) years or
thirty (30) semester hours, and
c. for any such position in the Communicat ions Division,
a person shall be at least eighteen (18) years of age
and shall possess a high school diploma or General
Educational Development equiva lency certificate.
3. No commissioned officer of the Department shall, while in
such position, be a cand idate for any political office or take part
in or contribute any money or othe r thing of value, directly or
indirectly, to any political campaign or to any candidate for public
office. Anyone convicted of violating the provisions of this
paragraph shall be guilty of a misdemeanor and shal l be punished as
provided by law.
4. The Commissioner or any employee of th e Department shall not
be a candidate for any political office, or in any way be active or
participate in any political contest of any Primary, G eneral, or
Special Election, except to cast a ballot. No commissioned officer
of the Department, while in the performance of the officer’s
assigned duty of providing security and protection, shall be
considered as participating in a political campaign. T he provisions
of this paragraph sha ll not be construed to preclude a commission ed
ENR. S. B. NO. 338 Page 4
officer of the Oklahoma Highw ay Patrol Division of the Department of
Public Safety from being a candidate for a position on a local board
of education.
5. Drunkenness or be ing under the influence of intoxicat ing
substances shall be sufficient grounds f or the removal of any
commissioned officer of the Department, in and by t he manner
provided for in this section.
No person shall be appointed to any position set out in
subsection A of this section unless the per son is a citizen of the
United States and of good moral character. The Commissioner shall
determine minimum qualific ations for all positions set out in
subsection A of this section, provided such qualifications shall
include, but are not limite d to, the following:
1. For commissioned officer posit ions:
a. appointees shall be selected only after examination to
determine physical and mental fitness for such
positions. The examination criteria shall be
prescribed by the Commissioner,
b. appointees shall be at least twenty -one (21) years of
age but less than forty-six (46) years of age,
c. prior to receiving a commission, all such appointees
shall satisfactorily complete a course of training in
operations and procedure s as prescribed by the
Commissioner, and
d. prior to receiving a commission, all suc h appointees
shall possess an associate's degree or a minimum of
sixty-two (62) successfully completed semester hours
from an accredited college or university as denoted i n
the Database of Accredited Postsec ondary Institutions
and Programs provided by the U.S. Department of
Education and whose hours are transferable between
such recognized institutions. Prior years of military
or law enforcement service shall qualify as a
substitute for the educational requi rement, up to a
ENR. S. B. NO. 338 Page 5
maximum of thirty (30) semester h ours, for any
combination of the following:
(1) ten (10) semester hours f or each year of
honorable service in any active military or
reserve military service,
(2) ten (10) semester hours for each year the
appointee worked as a paid, full -time, CLEET-
certified law enforcement officer of a law
enforcement agency within the State of Oklahoma,
or
(3) ten (10) semester hours for each year the
appointee worked as a paid, full -time sworn law
enforcement officer ce rtified by a state peace
officer standards and trai ning agency as a peace
officer in another state, or any officer who has
been certified as a federal peace officer by a
CLEET-recognized law enforcement agency ; and
2. Any person appointed to a position in the Communications
Division shall be at least eigh teen (18) years of age and shall
possess a high school diploma or General Educational Development
equivalency certificate.
C. 1. Upon initial appointment to the pos ition of Cadet
Highway Patrolman or Probati onary Communications Dispatcher, the
appointed employee shall be required to serve an initial
probationary period of twe lve (12) months. The Commissioner may
extend the probationary period for up to three (3) add itional months
provided that the employee a nd the Office of Management and
Enterprise Services are notified in writing as to such action and
the reasons thereof. During such probationary period, the employee
may be terminated at any time and for any reaso n at the discretion
of the Commissioner. R etention in the service after expiration of
the initial probationary period shall entitle such employee to be
classified as a permanent employee and the employee shall be so
classified. No permanent employee may be discharged or removed
except as provided for in this section.
ENR. S. B. NO. 338 Page 6
2. A commissioned office r of the Oklahoma Highway Patrol
Division may be promoted during the init ial probationary period if
such officer satisfactorily completes all training requirements
prescribed by the Commissioner.
D. 1. No commissioned officer of the Department shall be a
candidate for any political off ice or take part in or contribute any
money or other thing of value, directly or indirectly, to any
political campaign or to any can didate for public office. Anyone
convicted of violating the provisions of this paragraph sh all be
guilty of a misdemeanor a nd shall be punished as provided by law.
2. No commissioned officer of the Department, while in the
performance of the officer 's assigned duty of providing security and
protection, shall be considered as participating in a political
campaign. The provisions of this paragraph shall not be constr ued
to preclude a commissioned officer of the Oklahoma Highway Patrol
Division of the Depa rtment of Public Safety from being a candidate
for a position on a local board of education.
3. The Commissioner or any empl oyee of the Department shall not
be a candidate for any political office, or in any way be active or
participate in any political contest of any Primary, General, or
Special Election, except to cast a ballot.
E. Drunkenness or being under the influence of intoxicating
substances shall be suffici ent grounds for the removal of any
commissioned officer of the Department, as provided for in this
section.
F. 1. No permanent employee, as provided for in this section,
who is a commissioned officer of the Depart ment, may be suspended
without pay or dismissed unless the employee has been notified in
writing by the Commissioner of such int ended action and the reasons
thereof. No such notice shall be given by the Commissioner unless
sworn charges or statements have been obtained to justify the
action.
2. Whenever such charges are preferred, the Commissioner may
suspend the accused pending the hearing and final determina tion of
such charges. If the charges are not sustained in whole or in part,
the accused shall be entitled to pay during the period of suc h
ENR. S. B. NO. 338 Page 7
suspension. If the charges are sustained in whole or in part, the
accused shall not receive any pay for the period of such suspension.
3. Commissioned officers of the Department o f Public Safety are
not entitled to appeal intra-agency transfer to the O klahoma Merit
Protection Commission pursuant to the Oklahoma Personnel Act unless
the transfer is in violation of Section 840-2.5 or 840-2.9 of Title
74 of the Oklahoma Statutes.
4. The Department of Public Safety shall follow the uniform
grievance procedure established and adopted by the Office of
Management and Enterprise Services for permanent classified
employees, except for those employees who are commissioned officers
of the Department. The Department of Publ ic Safety shall establish
and adopt a proprietary grievance procedure for commissioned
officers of the Department which is ot herwise in compliance with the
provisions of Section 840-6.2 of Title 74 of the Oklahoma Statutes.
E. G. 1. The Commissioner is h ereby authorized to purchase and
issue uniforms and necessary equipment for all commissioned officers
of the Oklahoma Highway Patrol Division of the Department. All
uniforms and equipment shall be used only in the performan ce of the
official duties of such officers and shall remain the property of
the Department, except as provided in Section 2 -150 of this title.
2. Each commissioned officer of the Highway Patrol Division of
the Department of Public Safety shall be entitled to reimbursement
of expenses pursuant to the State Travel Reimbursement Act while
away from the assigned area of the officer as designated by the
Chief of the Oklahoma Highway Patrol Division, when such expense is
incurred in the service of the state.
F. H. 1. The positions with the rank of Colonel and Lieutenant
Colonel of the Oklahoma Highway Patrol Division shall be filled from
the body of commissione d officers of the Oklahoma Highway Patrol
Division and appointment to said position positions shall be based
on qualifications, prev ious record as a commissioned officer of th e
Oklahoma Highway Patrol Division, length of service, years of
experience within the Oklahoma Highway Patrol Division or other
service as prescribed in this subsection, and efficienc y of service
performed.
ENR. S. B. NO. 338 Page 8
2. In addition to the requirements of paragraph 1 of this
subsection, the position of Chief of the Oklahoma Highway Patrol
Division shall be based on one of the following:
a. one (1) year of experience in any combination:
(1) as Commissioner of Public Safety,
(2) as Assistant Commissioner of Public Safe ty, or
(3) as Assistant Chief,
b. two (2) years of experience in any combin ation:
(1) as Deputy Chief or higher rank, or
(2) if the experience was prior to April 21, 2006, as
Major or higher rank,
c. four (4) years of experience in any combination:
(1) as Major or higher rank, or
(2) if the experience was prior to April 21, 2006, as
Captain or higher rank, or
d. six (6) years of experience in a ny combination:
(1) as Captain or higher r ank, or
(2) if the experience was prior to April 21, 2006, as
First Lieutenant or higher rank.
3. In addition to the requirements of parag raph 1 of this
subsection, the position of Deputy Chief of the Oklahoma Hig hway
Patrol Division shall be based on one of the following:
a. one (1) year of experience in any combination:
(1) as Commissioner of Public Safety,
(2) as Assistant Commissioner of Public Safety, or
ENR. S. B. NO. 338 Page 9
(3) as Colonel,
b. two (2) years of experience in any co mbination:
(1) as Major or higher rank, or
(2) if the experience was pri or to April 21, 2006, as
Captain or higher rank, or
c. four (4) years of experience in any combination:
(1) as Captain or higher rank, or
(2) if the experience was prior to April 21, 2 006, as
Highway Patrol First Lieutenant or higher rank.
G. I. The Commissioner of Public Safety is hereby authoriz ed to
send employees of the Department of Publ ic Safety to schools such as
Northwestern University Center for Public Safety, Southern Police
Institute, the FBI National Academy, the I nstitute of Police
Technology and Management, or to any other schools of similar
training which would be conducive to i mproving the efficiency of the
Oklahoma Highway Patrol Division and the Department of Public
Safety. While an employee is attending a sc hool, the Commissioner
is authorized to permit the employee to use a stat e-owned vehicle
and to use a fuel-purchasing card for any expenses related to the
operation of the vehicle. In addition, while an employee i s
attending the FBI National Academy, a on e-time expense allowance of
Two Thousand Dollars ($2,000.00) for uniforms , fees, travel, room
and board, and other rela ted expenses shall be paid to the employee
by the Department; provided, the employee shall not be further
compensated through the State T ravel Reimbursement Act, and, if any
other agency reimburses the employee for any expenses, the
reimbursement shall be given to the Department. All purchases made
by the employee with the expense allowance shall b e considered
property of the employee.
H. J. 1. Any former commissioned officer of the Department
whose separation from the Department was at such officer's own
request and not a result of such officer 's own actions contrary to
the policy of the Departme nt or was not as a result of the
ENR. S. B. NO. 338 Page 10
retirement of that officer from the Depar tment may make application
for reinstatement as a commissioned officer of the division or
section of the Department in which such officer was previously
employed, provided such reins tated officer will be able to complete
twenty (20) years of credited servi ce by the time the reinstated
officer reaches sixty-two (62) years of age. The Commission er may
waive the requirements of possessing the number of semester hours or
degree as required in subsection B of this section for any former
commissioned officer mak ing application for reinstatement as a
commissioned officer of the Department. The Commis sioner may
require the applicant for reinstatement to attend selected courses
of instruction, as prescribed by the Commissioner.
2. In the event of future hostilitie s wherein the Congress of
the United States declares this nation in a state of war with a
foreign nation, including military service brought about by the
Vietnam War, any period of m ilitary service served by a commissioned
officer of the Department shall b e considered as continued service
with such Department, provided such commissioned officer returns to
duty with the Department within sixty (60) days after release from
military service.
SECTION 2. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 338 Page 11
Passed the Senate the 16th day of May, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 26th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __