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ENGROSSED SENATE
BILL NO. 856 By: Weaver of the Senate
and
West (Josh) of the House
An Act relating to the State Travel Reimbursement
Act; amending 74 O.S. 2011, Section 500.18, as last
amended by Section 10, Chapter 269, O.S.L. 2016 (7 4
O.S. Supp. 2020, Section 500.18) , which relates to
exemptions; adding the Oklahoma Mi litary Department;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 500.18, as
last amended by Section 10, Chapter 269, O.S.L. 2016 (74 O.S. Supp.
2020, Section 500.18) , is amended to read as follows:
Section 500.18. A. Except for member s of the Legislature, the
Governor and the Lieutenant Governor, pr ovisions of Sections 500.1
through 500.18 of this title shall be mandatory for all officials
and employees of all departments, boards, commissions and
institutions of the state, regardless o f the provisions of any other
act of the Legislature, except as pr ovided 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 section. Sec tions 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 expenses of travel and
subsistence in pursuing and developing markets for
Oklahoma agricultural products incur red by the
Commissioner, Deputy Commissioner and such employees
designated by the State Board of Agriculture within
the marketing develo pment programs of the Oklahoma
Department of Agriculture, Food, and Forestry shall be
reimbursed to the employee incurri ng such expenses.
Reimbursement of such expenses shall be in accordance
with rules adopted by the Board. Expenses claimed
shall, prior to reimbursement, be reviewed by the
Board at a regular meeting and individually appr oved
or disapproved.
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b. The actual and necessary expenses of out -of-state
travel and subsistence incurred by employees of the
Forestry Division authorized to evaluate and acquire
federal excess property or surplus property in other
states for use in its fi re protection program, shall
be reimbursed to the employee incurri ng 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 allo wed their actual and
necessary traveling expenses, upon claims approved by the
Commissioner.
3. Department of Corrections:
The Department of Corrections shall be exempt from limitations
of reimbursement for rented automob iles, 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 Recreatio n 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 recreation i ndustry, 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 its staff for expenses for meals and
other entertainment in order to gain ad vertising and promotion for
Oklahoma Today magazine. The Oklahoma Tourism and Recreation
Department may reimburse the Director of the Office of the Oklahoma
Film and Music Commission and st aff for the actual and necessary
expenses for meals and other ente rtainment 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 Touri sm and Recreation Commission.
5. Oklahoma Department of Commerce:
a. 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 shall be reimbursed. Reimbursement of
expenses shall be in accordance with rules adopte d by
the Director of the Oklahoma Department of Commerce.
Expenses claimed shall, prior to reimbursemen t, be
reviewed by the Director and individually approved or
disapproved.
b. The Department, at the discretion of the Dir ector, may
charter aircraft for the purposes of carrying out its
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duties and responsibilities related to business
recruitment and perform ing the duties of the Director.
The cost of such charter shall be exempt from the
provisions of Section 500.6 of this t itle. Claims
filed with the Office of Management and Enterprise
Services shall bear the following certification:
The best interests of the citizens of Oklahoma were
better served in that conventional ground
transportation was not practical or feasible for this
trip, aircraft from the De partment 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.
6. Office of Management and Enterprise Servi ces:
The actual and necessary ex penses of travel and subsistence
incurred by the Director, any state employee approved by his or her
appointing authority, or state officials, for travel outside the
state in performance of duties related to bond financing s hall be
reimbursed to the employ ee or state official incurring 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 by the members of
Oklahoma Futures in the performance of their duties shall be
reimbursed to the members incurring such expenses. Reimbursement of
all actual and necessary expenses shall be in acco rdance with rules
adopted by Oklahoma Futures.
8. Oklahoma Development Finance Authority:
The actual and necessary expenses incurred by the members and
employees of the Oklahoma Development Finance Authority in the
performance of their duties shall be rei mbursed to the person
incurring such expenses. Reimbursement of all actual and necessary
expenses shall be in accordance with the bylaw s 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 Center for the Advancement of Science and
Technology in the performance of their duties shall be reimbursed to
the person incurring such expenses. Reimbursement of al l actual and
necessary expenses sh all be in accordance with the by laws of the
Center.
10. Center for International Trade Development:
The actual and necessary expenses o f travel, lodging and
subsistence incurred by the Director and authorized employees of the
Center for International Trad e Development for performance of their
duties for the purpose of business recruitment and assistance shall
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be reimbursed to the person i ncurring such expenses. Reimbursement
of such expenses shall be in accordance with th e rules adopted by
the Director of the Center for International Tr ade Development.
Expenses claimed shall be reviewed and individually approved or
disapproved, prior to reimbursement, first by the Director, and
finally by either the Vice President, Busine ss and Finance of
Oklahoma State University or the President of Ok lahoma State
University.
11. Oklahoma State Bureau of Investigation:
The actual and necessary expenses incurred by the Director and
other employees of the Bureau authorized by the Director as a result
of conducting investig ations shall be reimbursed to ea ch such
employee incurring the expenses. Reimbursement of the expenses
shall be in accordance with rule s adopted by the Director of the
Oklahoma State Bureau of Investigation. Prior to rei mbursement,
expenses claimed shall be reviewed by the Director and individually
approved or disapproved.
12. Department of Human Services:
a. The actual and necessary ex penses of travel, lodging
and subsistence incurred by employees of the Legal
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 hospitals at any p roceeding, including
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depositions, held before any court, administrative
body or representative thereof, shall be reimbur sed to
the employee incurring su ch expenses. Expenses
claimed shall be approved by the General Counsel and
the Director of Human Servic es prior to reimbursement.
b. The Department, at the discretion of the Director, may
charter aircraft when determined by the Director such
charter would be more practical or less expensive than
normal modes of transportation and when aircraft of
the Department of Public Safety are unavailable. The
costs of such charter shall be exempt from the
provisions of Section 500.6 o f this title.
13. Oklahoma Health Care Authority:
The actual and necessary expenses of travel, lodging and
subsistence incurred by empl oyees of the Legal Division in the
performance of their duties for the purpose of repr esenting the
Authority or any of i ts officials or employees, at an y proceeding,
including depositions, held before any court, administrative body or
representative thereo f, shall be reimbursed to the employee
incurring such expenses. Expenses claimed shal l be approved by the
Administrator prior to reimbursement.
14. Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control:
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The actual and necessary expenses incurred by the Director and
other employees of the Bureau authorized by the Director as a res ult
of conducting investigations s hall be reimbursed to each emplo yee
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 Control. P rior to
reimbursement, expenses cl aimed shall be reviewed by the D irector
and individually approved or disapproved.
15. University Hospitals:
The actual and necessary ex penses of travel, lodging and
subsistence incurred by employees of the Legal Office in the
performance of their duties f or the purpose of representing t he
University Hospitals or any of its officials, employees,
institutions or hospitals at any proceeding, including depositions,
held before any court, administrative body or representative
thereof, shall be reimbursed to the employee incurring such
expenses. Expenses shall be approved by the Chief Executive Officer
of the University Hospitals or by the Univ ersity Hospitals
Authority.
16. Oklahoma Historical Society:
The actual and necessary expenses of travel, subsistence a nd
entertainment incurred by the Executive Director, Deputy Director
and any employees designated by the Executive Committee of the
Oklahoma Historical Society Board of Directors in pursuing and
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developing programs and pro jects for the preservation and mar keting
of Oklahoma history shall be reimbursed to the person incurring the
expenses. Reimbursement of expenses shall be in accordance w ith
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 scheduled meeting and each claim
shall be individually approved or disapproved.
17. The Oklahoma Department of Mines:
The actual and necessary expenses of travel, lod ging and
subsistence incurred by e mployees of the Department in th e
performance of their duties for the purpose of representing the
Department or any of its officials or employees, at any proceeding,
hearing or meeting with federal agencies, boards, commis sions,
congressional representativ es, congressional committees 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 representing the sta te, the Legislature,
any state board, agency or commission, or any employee or officia l
of the state entitled to represe ntation, at any proceeding,
including depositions, held before any court, administrative body or
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any representative thereof, and the act ual and necessary expenses
incurred by employees as a result of conducting investigati ons shall
be reimbursed to the emp loyee incurring the expenses. T he expenses
shall be approved by the Attorney General prior to reimbursement.
19. District Attorneys Co uncil:
The actual and necessary expenses of travel, lodging and
subsistence incurred b y each district attorney and other employees
of the district attor ney authorized by the district attorney in the
performance of their duties for any district other than t he district
for which they are employed for the purpose of representing the
state, any county, or any employee or offici al of the state entitled
to representation at any proceeding, including depositions held
before any court, administrative body or any re presentative of a
court or administrative body, and the actual and necessary expenses
incurred 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
District Attorneys Council. Prior to reimbursement, expenses
claimed shall be reviewed by the Coun cil and individually approved
or disapproved.
20. The Department of Securities:
The actual and necessary expenses of travel, lodging an d
subsistence incurred by the Administrator and other employees of the
Department of Securities in the performance of th eir duties for the
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purpose of representing the Department of Securities, at any
proceeding, including depositions, held before any court ,
administrative body or any representative thereof, conducting on -
site examinations, or conducting investigations, shal l be reimbursed
to each employee incurring the expenses. The expenses shall be
approved by the Administrator of the Department of Secur ities prior
to reimbursement.
21. Corporation Commission:
The actual and necessary tr avel expenses incurred by the staf f
of the Public Utility 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 be
reimbursed for their actual and necessary expenses of travel,
lodging and subsistence incurred in the performance of their duties
for the purpose of escorting and tran sporting children or adults in
the care or custody of the Department:
a. for out-of-state visitation, ca re, treatment and
placement of a child welfare client,
b. for out-of-state treatment for or placement of an
adult protective services client,
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c. for out-of-state treatment for or placement of a
resident of a state resource center, or
d. for out-of-state treatment for or placement of an
individual with a developmental disability who is
living in the community in community re sidential
services.
Expenses claimed shall be approved by the appropriate Division
Administrator or Associate Director prior to reimburs ement.
23. The Banking Department:
The actual and necessary expenses of travel and lo dging incurred
by the Commissioner and other employees of the Bank ing Department in
the performance of their duties for the Banking Department shall be
paid or reimbursed by the Banking Department to each employee
incurring the expenses. The expenses shal l be approved by the
Banking Commissioner prior to payment or reim bursement.
24. Oklahoma Office of Homeland Security:
The actual and necessary expenses of travel, lodgi ng, and
subsistence incurred by the Oklahoma Homeland Security Director, as
a result of the duties and responsibilities of the Director, shall
be paid or reimbursed by the Oklahoma Office of Homeland Security.
25. The Grand River Dam Authority:
The actual and necessary expenses of travel and lodging incurred
by the Board of Directors and o ther employees of the district in the
performance of their duties for the Grand River Dam Authority shall
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be paid or reimbursed by the district to each Director or employ ee
incurring the expenses. The expenses shall be approved by the
General Manager of t he Grand River Dam Authority prior to payment or
reimbursement.
26. The Native American Cultural and Educational Authority:
The actual and necessary expenses incurred by the Directors and
employees of the Native American Cultural and Educational Authority
in performances of duties. The e xpenses shall be approved by the
Director prior to payment or reimbursement.
27. Oklahoma Department of Career and Technology Education :
The actual and necessary expenses incurred by the Director and
other employees of th e Department, authorized by the Di rector, for
the purpose of busin ess recruitment, training, and the provision of
technical assistance shall be reimbursed. 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 individually
approved or disapproved.
28. Oklahoma Military Depa rtment:
The actual and necessary travel expenses incurred by the
Director, other employees of the Department and persons performing
substantial and necessary services to the state in support of the
Oklahoma National Guard shall be reimbur sed to the individual
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incurring such expenses. The expenses claimed shall be approved by
the Director or Chief Financial Officer prior to reimbursement.
C. The agencies listed in subsection B of this section shall be
required to report annually the actual expenses excep ted or exempted
from Sections 500.1 through 500.18 of this title to the Governor,
the President Pro Tempore of the Senate, and the Speaker of the
House of Representatives. The report shall be submitted no later
than the first day of September following th e end of each fiscal
year.
SECTION 2. This act shall become effective N ovember 1, 2021.
Passed the Senate the 8th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives