OK
Oklahoma Senate Bill SB856

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB856 Compare Versions

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28+ENGROSSED HOUSE AMENDME NTS
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30+ENGROSSED SENATE BILL NO . 856 By: Weaver of the Senate
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32+ and
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34+ West (Josh) of the House
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4-An Act
5-ENROLLED SENATE
38+An Act relating to the State Travel Reimbursement
39+Act; amending 74 O.S. 2011, Section 500.18, as last
40+amended by Section 10, Chapter 269, O.S.L. 2016 (7 4
41+O.S. Supp. 2020, Section 500.18) , which relates to
42+exemptions; adding the Oklahoma Mi litary Department;
43+and providing an effective date .
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48+AMENDMENT NO. 1. Page 1, lines 6 through 8 1/2, strike title to
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51+"[ State Travel Reimbursement Act – exemptions –
52+adding the Oklahoma Military Department – effective
53+date ]"
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55+AMENDMENT NO. 2. Page 1, line 11, strike the en acting clause
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84+Passed the House of Representatives the 20th day of April, 2022.
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90+Presiding Officer of t he House of
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94+Passed the Senate the ____ day of _______ ___, 2022.
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100+Presiding Officer of the Senate
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127+ENGROSSED SENATE
6128 BILL NO. 856 By: Weaver of the Senate
7129
8130 and
9131
10132 West (Josh) of the House
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13135
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14137 An Act relating to the State Travel Reimbursement
15-Act; amending 74 O.S. 2021, Section 500.18, as last
16-amended by Section 9 of Enrolled House Bill No. 4188
17-of the 2nd Session of the 58th Oklahoma Legislature ,
18-which relates to exemptions; and adding the Oklahoma
19-Military Department.
138+Act; amending 74 O.S. 2011, Section 500.18, as last
139+amended by Section 10, Chapter 269, O.S.L. 2016 (7 4
140+O.S. Supp. 2020, Section 500.18) , which relates to
141+exemptions; adding the Oklahoma Mi litary Department;
142+and providing an effective date .
20143
21144
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23-SUBJECT: State Travel Reimbursement Act exemptions
24146
25147 BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
26-
27-SECTION 1. AMENDATORY 74 O.S. 2021, Section 500.18, as
28-last amended by Section 9 of Enrolled House Bill No. 4188 of the 2nd
29-Session of the 58th Oklahoma Legislature , is amended to read as
30-follows:
31-
32-Section 500.18 A. Except for members of the Legislature, the
148+SECTION 1. AMENDATORY 74 O.S. 2011, Section 500.18, as
149+last amended by Section 10, Chapter 269, O.S.L. 2016 (74 O.S. Supp.
150+2020, Section 500.18) , is amended to read as follows:
151+Section 500.18. A. Except for member s of the Legislature, the
33152 Governor and the Lieutenant Governor, pr ovisions of Sections 500.1
34153 through 500.18 of this title shall be mandatory for all officials
35154 and employees of all departments, boards, commissions and
36155 institutions of the state, regardless o f the provisions of any other
37156 act of the Legislature, except as pr ovided by this section. The
38157 enactment of any measure in the future providing for travel
39158 reimbursement of state officers and employees on the basis of
40159 "actual and necessary" expenses or in any other manner inconsistent
41160 with Sections 500.1 through 500.18 of this title shall be deemed to
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42187 provide for reimbursement in accordance with Sections 500.1 through
43188 500.18 of this title unless a contrary intent is explicitly
44189 expressed in this section. Sec tions 500.1 through 500.18 of this
45190 title shall not apply, however, to travel reimbursements made by
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48191 political subdivisions of this state, except as otherwise provided
49192 by law.
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51193 B. The agencies listed below are authorized certai n exceptions
52194 and/or exemptions to the provisions of Sections 500 .1 through 500.18
53195 of this title to the extent specified:
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55196 1. Oklahoma Department of Agriculture, Food, and Forestry:
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57197 a. The actual and reasonable expenses of travel and
58198 subsistence in pursuing and developing markets for
59199 Oklahoma agricultural products incur red by the
60200 Commissioner, Deputy Commissioner and such employees
61201 designated by the State Board of Agriculture within
62202 the marketing develo pment programs of the Oklahoma
63203 Department of Agriculture , Food, and Forestry shall be
64204 reimbursed to the employee incurri ng such expenses.
65205 Reimbursement of such expenses shall be in accordance
66206 with rules adopted by the Board. Expenses claimed
67207 shall, prior to reimbursement, be reviewed by the
68208 Board at a regular meeting and individually appr oved
69209 or disapproved.
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71236 b. The actual and necessary expenses of out -of-state
72237 travel and subsistence incurred by employees of the
73238 Forestry Division authorized to evaluate and acquire
74239 federal excess property or surplus property in other
75-states for use in its fire protecti on program shall be
76-reimbursed to the employee incurring such expenses.
77-
240+states for use in its fi re protection program, shall
241+be reimbursed to the employee incurri ng such expenses.
78242 2. Department of Public Safety:
79-
80243 When traveling with the Governor or at the Governor 's request,
81244 personnel assigned by the Commissioner for exe cutive security and
82245 pilots on executive assignment shall be allo wed their actual and
83246 necessary traveling expenses, upon claims approved by the
84247 Commissioner.
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86248 3. Department of Corrections:
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88249 The Department of Corrections shall be exempt from limitations
89250 of reimbursement for rented automob iles, as set forth in Section
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92251 500.5 of this title, when the rental is by a Correctional Officer or
93252 Transportation Officer for the limited purpose of transporting
94253 inmates. Reimbursement for the expense shall be on the basis of
95254 actual cost.
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97255 4. Oklahoma Tourism and Recreation Department:
98-
99256 The Oklahoma Tourism and Recreatio n Commission and Department
100257 staff who promote in -state and out-of-state business for Oklahoma 's
101258 state-operated or state-owned parks, lodges, and golf courses an d
102-the tourism and recreation industry may be reimbursed for the actual
103-and necessary expense of travel, subsistence and entertai nment for
104-this purpose. The Director of the Oklahoma Tourism and Recreation
105-Department may reimburse the Publisher of Oklahoma Today magazin e
106-and its staff for expense s for meals and other en tertainment in
107-order to gain advertising and promotion for Oklah oma Today magazine.
259+the tourism and recreation i ndustry, may be reimbursed for the
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286+actual and necessary expense of travel, subsistence and
287+entertainment for this purpose. The Director of the Oklahoma
288+Tourism and Recreation Department may reimburse the Publisher of
289+Oklahoma Today magazine and its staff for expenses for meals and
290+other entertainment in order to gain ad vertising and promotion for
291+Oklahoma Today magazine. The Oklahoma Tourism and Recreation
292+Department may reimburse the Director of the Office of the Oklahoma
293+Film and Music Commission and st aff for the actual and necessary
294+expenses for meals and other ente rtainment in order to promote the
295+film and music industries in this state. Reimbursement of all
296+actual and necessary expenses shall be in accordance with rules
297+adopted by the Oklahoma Touri sm and Recreation Commission.
109298 5. Oklahoma Department of Commerce:
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111299 a. The actual and necessary expenses incurred by the
112300 Director and other employees of the Department
113301 authorized by the Director for the purpose of business
114302 recruitment shall be reimbursed. Reimbursement of
115303 expenses shall be in accordance with rules adopte d by
116304 the Director of the Oklahoma Department of Commerce.
117305 Expenses claimed shall, prior to reimbursemen t, be
118306 reviewed by the Director and individually approved or
119307 disapproved.
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121308 b. The Department, at the discretion of the Dir ector, may
122309 charter aircraft for the purposes of carrying out its
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123336 duties and responsibilities related to business
124337 recruitment and perform ing the duties of the Director.
125338 The cost of such charte r shall be exempt from the
126339 provisions of Section 500.6 of this t itle. Claims
127340 filed with the Office of Management and Enterprise
128341 Services shall bear the following certification:
129-
130342 The best interests of the citizens of Oklahoma were
131343 better served in that conv entional ground
132344 transportation was not practical or feasible for this
133345 trip, aircraft from the De partment of Public Safety
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136346 were not available for this trip, and no other claim
137347 has been or will be filed as a payment for the cost of
138348 transportation in connecti on with this trip.
139-
140-c. The Oklahoma Department of Commerce may reimburse the
141-Oklahoma Film and Music Office staff for the actual
142-and necessary expenses for meals and other
143-entertainment in order to promote the film and music
144-industries in this state. Reimbursement of all actual
145-and necessary expenses shall be in accordance with
146-rules adopted by the Oklahoma Department of Commerce.
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148349 6. Office of Management and Enterprise Servi ces:
149-
150350 The actual and necessary ex penses of travel and subsistence
151351 incurred by the Director, any state employee approved by his or her
152352 appointing authority, or state officials, for travel outsid e the
153353 state in performance of duties related to bond financing s hall be
154354 reimbursed to the employ ee or state official incurring such
155355 expenses. Reimbursement for lodging expenses shall be supported by
156356 three telephone bids from hotels within a reasonable dis tance of the
157357 activity for which the travel was approved.
358+7. Oklahoma Futures:
158359
159-7. Oklahoma Futures:
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161385 The actual and necessary expenses incurred by the members of
162386 Oklahoma Futures in the performance of their duties shall be
163387 reimbursed to the members incurring such expenses. Rei mbursement of
164388 all actual and necessary expenses shall be in acco rdance with rules
165389 adopted by Oklahoma Futures.
166-
167390 8. Oklahoma Development Finance Authority:
168-
169391 The actual and necessary expenses incurred by the members and
170392 employees of the Oklahoma Development F inance Authority in the
171393 performance of their duties shall be rei mbursed to the person
172394 incurring such expenses. Reimbursement of all actual and necessary
173395 expenses shall be in accordance with the bylaw s of the Authority.
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175396 9. Oklahoma Center for the Advancem ent of Science and
176397 Technology:
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180398 The actual and necessary expenses incurred by the members and
181399 employees of the Oklahoma Center for the Advancement of Science and
182400 Technology in the performance of their duties shall be reimbursed to
183401 the person incurring such expenses. Reimbursement of al l actual and
184402 necessary expenses sh all be in accordance with the by laws of the
185403 Center.
186-
187404 10. Center for International Trade Development:
188-
189405 The actual and necessary expenses o f travel, lodging and
190406 subsistence incurred by the Direct or and authorized employees of the
191407 Center for International Trad e Development for performance of their
192408 duties for the purpose of business recruitment and assistance shall
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193435 be reimbursed to the person i ncurring such expenses. Reimbursement
194436 of such expenses shall be in accordance with th e rules adopted by
195437 the Director of the Center for International Tr ade Development.
196438 Expenses claimed shall be reviewed and individually approved or
197439 disapproved, prior to reimbursement, first by the Director, and
198440 finally by either the Vice President, Busine ss and Finance of
199441 Oklahoma State University or the President of Ok lahoma State
200442 University.
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202443 11. Oklahoma State Bureau of Investigation:
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204444 The actual and necessary expenses incurred by the Director and
205445 other employees of the Bure au authorized by the Director as a result
206446 of conducting investig ations shall be reimbursed to ea ch such
207447 employee incurring the expenses. Reimbursement of the expenses
208448 shall be in accordance with rule s adopted by the Director of the
209449 Oklahoma State Bureau o f Investigation. Prior to rei mbursement,
210450 expenses claimed shall be reviewed by the Director and individually
211451 approved or disapproved.
452+12. Department of Human Services:
453+a. The actual and necessary ex penses of travel, lodging
454+and subsistence incurred by em ployees of the Legal
455+Division in the performance of their duties for the
456+purpose of representing the Department of Human
457+Services or any of its officials, employees,
458+institutions or hospitals at any p roceeding, including
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214484
485+depositions, held before any court, administrative
486+body or representative thereof, shall be reimbur sed to
487+the employee incurring su ch expenses. Expenses
488+claimed shall be approved by the General Counsel and
489+the Director of Human Servic es prior to reimbursement.
490+b. The Department, at the dis cretion of the Director, may
491+charter aircraft when determined by the Director such
492+charter would be more practical or less expensive than
493+normal modes of transportation and when aircraft of
494+the Department of Public Safety are unavailable. The
495+costs of such charter shall be exempt from the
496+provisions of Section 500.6 o f this title.
497+13. Oklahoma Health Care Authority:
215498 The actual and necessary expenses of travel, lodging and
216499 subsistence incurred by empl oyees of the Legal Division in the
217500 performance of their duties for the purpose of repr esenting the
218-Department of Human Se rvices or any of its officials, employees,
219-institutions or hospi tals at any proceeding including depositions,
220-held before any court, adminis trative body or representative
221-thereof, shall be reimbursed to the employee in curring such
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224-expenses. Expenses claimed shall be approved by the General Counsel
225-and the Director of Human Services prior to reimbursement.
226-
227-13. Oklahoma Health Care Authority:
228-
229-The actual and necessary expenses of travel, lodging and
230-subsistence incurred by employees of the Legal Division in the
231-performance of their dutie s for the purpose of representing the
232-Authority or any of its officials or employees, at any pr oceeding
501+Authority or any of i ts officials or employees, at an y proceeding,
233502 including depositions, held before any court, administrative body or
234503 representative thereo f, shall be reimbursed to the employee
235504 incurring such expenses. Expenses claimed shal l be approved by the
236505 Administrator prior to reimbursement.
237-
238506 14. Oklahoma State Bureau of Narcotics and Dangerous Drugs
239507 Control:
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240533
241534 The actual and necessary expenses incurred by the Director and
242535 other employees of the Bureau autho rized by the Director as a res ult
243536 of conducting investigations s hall be reimbursed to each emplo yee
244537 incurring the expenses. Reimbursement of the expenses shall be in
245538 accordance with rules adopted by the Director of the Oklahoma State
246539 Bureau of Narcotics a nd Dangerous Drugs Control. P rior to
247540 reimbursement, expenses cl aimed shall be reviewed by the D irector
248541 and individually approved or disapproved.
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250542 15. University Hospitals:
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252543 The actual and necessary ex penses of travel, lodging and
253544 subsistence incurred by em ployees of the Legal Office in the
254545 performance of their duties f or the purpose of representing t he
255546 University Hospitals or any of its officials, employees,
256-institutions or hospitals at any proceeding including depositions,
547+institutions or hospitals at any proceeding, including depositions,
257548 held before any court, administr ative body or representative
258549 thereof, shall be reimbursed to the employee incurring such
259550 expenses. Expenses shall be approved by the Chief Executive Officer
260551 of the University Hospitals or by the Univ ersity Hospitals
261552 Authority.
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263553 16. Oklahoma Historical Soc iety:
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267554 The actual and necessary expenses of travel, subsistence a nd
268555 entertainment incurred by the Executive Director, Deputy Director
269556 and any employees designated by the Executive Committee of the
270557 Oklahoma Historical Society Board of Directors in pursuing a nd
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271584 developing programs and pro jects for the preservation and mar keting
272585 of Oklahoma history shall be reimbursed to the person incurring the
273586 expenses. Reimbursement of expenses shall be in accordance w ith
274587 rules adopted by the Oklahoma Historical Society Boa rd of Directors.
275588 Prior to reimbursement, expenses claimed shall be reviewed by the
276589 Executive Committee at a regularly scheduled meeting and each claim
277590 shall be individually approved or disapproved.
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279591 17. The Oklahoma Department of Mines:
280-
281592 The actual and necessary expenses of travel, lod ging and
282593 subsistence incurred by e mployees of the Department in th e
283594 performance of their duties for the purpose of representing the
284595 Department or any of its officials or employees, at any proceeding,
285596 hearing or meeting with fe deral agencies, boards, commis sions,
286597 congressional representativ es, congressional committees or staff,
287598 shall be reimbursed to the employee incurring such expenses.
288599 Expenses claimed shall be approved by the Executive Director prior
289600 to reimbursement.
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291601 18. The Office of Attorney General:
292-
293602 The actual and necessary expenses of travel, lodging and
294603 subsistence incurred by its employees in the performance of their
295604 duties for the purpose of representing the sta te, the Legislature,
296605 any state board, agency or commissi on, or any employee or officia l
297-of the state entitled to representation, at any proceeding including
298-depositions, held before any court, administrative body or any
299-representative thereof, and the actual and necessary expenses
606+of the state entitled to represe ntation, at any proceeding,
607+including depositions, held before any court, administrative body or
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634+any representative thereof, and the act ual and necessary expenses
300635 incurred by employees as a re sult of conducting investigati ons shall
301636 be reimbursed to the emp loyee incurring the expenses. T he expenses
302637 shall be approved by the Attorney General prior to reimbursement.
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304638 19. District Attorneys Co uncil:
305-
306639 The actual and necessary expenses of travel, lodg ing and
307640 subsistence incurred b y each district attorney and other employees
308641 of the district attor ney authorized by the district attorney in the
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311642 performance of their duties for any district other than t he district
312643 for which they are employed for the purpose of representing the
313644 state, any county, or any employee or offici al of the state entitled
314-to representation at any proceeding including depositions held
645+to representation at any proceeding, including depositions held
315646 before any court, administrative body or any re presentative of a
316647 court or administrative body, and the actual and necessary expenses
317648 incurred as a result of conducting investigations shall be
318649 reimbursed to each employee incurring the expenses. Reimbursement
319650 of the expenses shall be in accordance with rules adopted by the
320651 District Attorneys Council. Prior to reimbursement, expenses
321652 claimed shall be reviewed by the Coun cil and individually approved
322653 or disapproved.
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324654 20. The Department of Securities:
325-
326655 The actual and necessary expenses of travel, lodging an d
327656 subsistence incurred by the Administrator and other em ployees of the
328657 Department of Securities in the performance of th eir duties for the
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329684 purpose of representing the Department of Securities, at any
330-proceeding including depositions, hel d before any court,
685+proceeding, including depositions, held before any court ,
331686 administrative body or any representative thereof, con ducting on-
332687 site examinations, or conducting investigations, shal l be reimbursed
333688 to each employee incurring the expenses. The expenses shall be
334689 approved by the Administrator of the Department of Secur ities prior
335690 to reimbursement.
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337691 21. Corporation Commissio n:
338-
339692 The actual and necessary tr avel expenses incurred by the staf f
340693 of the Public Utility Division as a result of conducting audits
341694 and/or reviews of utility service providers shall be reimbursed to
342-each employee incurring the expense . Reimbursement of the expenses
343-shall be as set forth in procedures established by the appointing
344-authority.
345-
695+each such employee incurring the expense. Reimbursement of the
696+expenses shall be as set forth in procedures established by the
697+appointing authority.
346698 22. The Department of Human Services:
347-
348-Employees of the Department of Human Services may be reimbursed
349-for their actual and necessary expenses of trave l, lodging and meals
350-and incidentals incurred in the performance of their duties for the
351-purpose of escorting and transportin g children or adults in the care
352-or custody of the Department, subject to approval by the Department :
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699+Employees of the Department of Human Services shall be
700+reimbursed for their actual and necessary expenses of travel,
701+lodging and subsistence incurred in the performance of their duties
702+for the purpose of escorting and tran sporting children or adults in
703+the care or custody of the Department:
356704 a. for out-of-state visitation, ca re, treatment and
357705 placement of a child welfare client,
358-
359706 b. for out-of-state treatment for or placement of an
360707 adult protective services client,
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362734 c. for out-of-state treatment for or placement of a
363-resident of a state resource center,
364-
735+resident of a state resource center, or
365736 d. for out-of-state treatment for or placement of an
366737 individual with a develop mental disability who is
367738 living in the community in community re sidential
368-services, or
369-
370-e. for meals and incidental expenses nece ssary for the
371-care of children or adults in the ca re or custody of
372-the Department.
373-
739+services.
374740 Expenses claimed shall be approved by the appropriate Division
375-Director or Deputy prior to reimbursement.
376-
741+Administrator or Associate Director prior to reimburs ement.
377742 23. The Banking Department:
378-
379743 The actual and neces sary expenses of travel and lo dging incurred
380744 by the Commissioner and other employees of the Bank ing Department in
381745 the performance of their duties for the Banking Department shall be
382746 paid or reimbursed by the Banking Department to each employee
383747 incurring the expenses. The expenses shal l be approved by the
384748 Banking Commissioner prior to payment or reim bursement.
385-
386749 24. Oklahoma Office of Homeland Security:
387-
388750 The actual and necessary expenses of travel, lodgi ng, and
389751 subsistence incurred by the Oklahoma Homeland Se curity Director, as
390752 a result of the duties and responsibilities of the Director, shall
391753 be paid or reimbursed by the Oklahoma Office of Homeland Security.
392-
393754 25. The Grand River Dam Authority:
394-
395755 The actual and necessary expenses of travel and lodging incurred
396756 by the Board of Directors and o ther employees of the district in the
757+performance of their duties for the Grand River Dam Authority shall
397758
398-ENR. S. B. NO. 856 Page 10
399-performance of their duties for the Grand River Dam Authority shall
759+ENGR. S. B. NO. 856 Page 14 1
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400784 be paid or reimbursed by the district to each Director or employ ee
401785 incurring the expenses. The expenses shall be approv ed by the
402786 General Manager of t he Grand River Dam Authority prior to payment or
403787 reimbursement.
404-
405788 26. The Native American Cultural and Educational Authority:
406-
407789 The actual and necessary expenses incurred by the Directors and
408790 employees of the Native American Cult ural and Educational Authority
409791 in performances of duties. The e xpenses shall be approved by the
410792 Director prior to payment or reimbursement.
411-
412793 27. Oklahoma Department of Career and Technology Education :
413-
414794 The actual and necessary expenses incurred by the Dire ctor and
415795 other employees of th e Department, authorized by the Di rector, for
416796 the purpose of busin ess recruitment, training, and the provision of
417797 technical assistance shall be reimbursed. Reimbursement of expenses
418798 shall be in accordance with rules adopted b y the State Board of
419799 Career and Technology Education. Expenses claimed, prior to the
420800 reimbursement, will be reviewed by the Board and individually
421801 approved or disapproved.
422-
423802 28. Oklahoma Military Depa rtment:
424-
425803 The actual and necessary travel expenses incurred by the
426804 Director, other employees of the Department and persons performing
427805 substantial and necessary services to the state in support of the
428806 Oklahoma National Guard shall be reimbur sed to the individual
807+
808+ENGR. S. B. NO. 856 Page 15 1
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429833 incurring such expenses. The expenses claimed shall be approved by
430834 the Director or Chief Financial Officer prior to reimbursement.
431-
432835 C. The agencies listed in subsection B of this section shall be
433836 required to report annually the actual expenses excep ted or exempted
434837 from Sections 500.1 through 500.18 of this title to the Governor,
435838 the President Pro Tempore of the Senate, and the Speaker of the
436839 House of Representatives. The report shall be submitted no later
437840 than the first day of September following th e end of each fiscal
438841 year.
439-
440-
441-ENR. S. B. NO. 856 Page 11
442-Passed the Senate the 19th day of May, 2022.
842+SECTION 2. This act shall become effective N ovember 1, 2021.
843+Passed the Senate the 8th day of March, 2021.
443844
444845
445846
446847 Presiding Officer of the Senate
447848
448849
449-Passed the House of Representatives the 19th day of May, 2022.
850+Passed the House of Representatives the ____ day of __________,
851+2021.
450852
451853
452854
453855 Presiding Officer of the House
454856 of Representatives
455857
456-OFFICE OF THE GOVERNOR
457-Received by the Office of the Governor this ____________________
458-day of _________________ __, 20_______, at _______ o'clock _______ M.
459-By: _______________________________ __
460-Approved by the Governor of the State of Oklahoma this _____ ____
461-day of _________________ __, 20_______, at _______ o'clock _______ M.
462858
463- _________________________________
464- Governor of the State of Oklahoma
465-
466-
467-OFFICE OF THE SECRETARY OF STATE
468-Received by the Office of the Secretary of State this _______ ___
469-day of __________________, 20 _______, at _______ o'clock _______ M.
470-By: ______________________________ ___