An Act ENROLLED 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. 2021, Section 500.18, as last amended by Section 9 of Enrolled House Bill No. 4188 of the 2nd Session of the 58th Oklahoma Legislature , which relates to exemptions; and adding the Oklahoma Military Department. SUBJECT: State Travel Reimbursement Act exemptions BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA: SECTION 1. AMENDATORY 74 O.S. 2021, Section 500.18, as last amended by Section 9 of Enrolled House Bill No. 4188 of the 2nd Session of the 58th Oklahoma Legislature , is amended to read as follows: Section 500.18 A. Except for members of the Legislature, the Governor and the Lieutenant Governor, provisions of Sections 500.1 through 500.18 of this title shall be mandatory for all officials and employees of all depart ments, boards, commissions and institutions of the state, rega rdless of the provisions of any other act of the Legislature, except as provided 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 provide for reimbursement in accordance with Sections 500.1 through 500.18 of this title unless a contrary intent is explicitly expressed in this secti on. Sections 500.1 through 500.18 of this title shall not apply, however, to travel reimbursements made by ENR. S. B. NO. 856 Page 2 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 pro visions 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 expens es of travel and subsistence in pursuing and developing mar kets for Oklahoma agricultural products incurred by the Commissioner, Deputy Commissioner and such employees designated by the State Board of Agriculture within the marketing development programs o f the Oklahoma Department of Agriculture, Food, and Forestr y shall be reimbursed to the employee incurring such expenses. Reimbursement of such expenses shall be in acc ordance with rules adopted by the Board . Expenses claimed shall, prior to reimbursemen t, be reviewed by the Board at a regular meeting and indivi dually approved or disapproved. b. The actual and necessary expenses of out-of-state travel and subsistence in curred by employees of the Forestry Division authorized to evaluate and acquire federal excess property or surplus property in other states for use in its fire protecti on program shall be reimbursed to the employee incurring 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 a nd pilots on executive a ssignment shall be allowed their actual and necessary traveling expenses, upon claims ap proved by the Commissioner. 3. Department of Corrections: The Department of Correction s shall be exempt from limitations of reimbursement for rented automobiles, as se t forth in Section ENR. S. B. NO. 856 Page 3 500.5 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 Re creation Department: The Oklahoma Tourism and Recreation 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 industry may be reimbursed for the actual and necessary expense of travel, subsistence and entertai nment for this purpose. The Director of the Oklahoma Tourism and Recreation Department may reimburse the Publisher of Oklahoma Today magazin e and its staff for expense s for meals and other en tertainment in order to gain advertising and promotion for Oklah oma Today magazine. 5. Oklahoma Department of Commerce: a. The actual and necessary ex penses 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 adopted by the Director of the Oklaho ma Department of Commerce. Expenses claimed shall, prior to reimbursement, be reviewed by the Director a nd individually approved or disapproved. b. The Department, at t he discretion of the Director, may charter aircraft for the purposes of carrying out it s duties and responsibilities related to business recruitment and performing the duties of the Director . The cost of such charter shall be exempt from the provisions of Section 500.6 of this title . Claims filed with the Office of Management and Enterpris e Services shall bear the following certification: The best interests of the ci tizens of Oklahoma were better served in that conventional ground transportation was not p ractical or feasible for this trip, aircraft from the Department of Public Safety ENR. S. B. NO. 856 Page 4 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. c. The Oklahoma Department of Commerce may reimburse the Oklahoma Film and Music Office staff for the actual and necessary expenses for meals and other entertainment 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 Department of Commerce. 6. Office of Management and Enterprise Service s: The actual and necessary expenses of travel and subsis tence incurred by the Director, any state employee approved by h is or her appointing authority, or state officials, for travel outside the state in performance of duties related to bond financing sh all be reimbursed to the empl oyee or state official incurr ing 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: The actual and necessary expenses incurred b y the members of Oklahoma Futures in the performance of their du ties shall be reimbursed to the members incurring such expenses . Reimbursement of all actual and necessary expenses shall be in acc ordance with rules adopted by Oklahoma Futures. 8. Oklahoma Development Finance Authority: The actual and necessary expense s incurred by the members and employees of the Oklahoma Development Finance Authorit y in the performance of their duties shall be reimbursed to the person incurring such expenses. Reimbursement of all actual and necessary expenses shall be in accordance w ith the bylaws of the Authority. 9. Oklahoma Center for the Advancement of Science and Technology: ENR. S. B. NO. 856 Page 5 The actual and necessary exp enses incurred by the members and employees of the Oklahoma Cent er for the Advancement of Science and Technology in the performa nce of their duties shall be reimbursed to the person incurring such expenses . Reimbursement of all actual and necessary expenses shall be in accordance wit h the bylaws of the Center. 10. Center for International Trade Development: The actual and necessa ry expenses of travel, lodging and subsistence incurred by the Director and auth orized employees of the Center for Internation al Trade Development for perf ormance of their duties for the purpo se of business recruitment and assistance shall be reimbursed to the person incurring such expenses . Reimbursement of such expenses shall be in accordance with the rules adopted by the Director of the Center for Intern ational Trade Development. Expenses claimed shall be reviewed and individually approved or disapproved, prior to reimbursement, first by the Director, and finally by either the Vic e President, Business and Finance of Oklahoma State University or the Presi dent of Oklahoma State University. 11. Oklahoma State Bureau of Investigation: The actual and necess ary expenses incurred by the Director and other employees of the Bureau author ized by the Director as a result of conducting investigations shall be reim bursed to each such employee incurring the expenses. Reimbursement of the expenses shall be in accordance with rules adopted by the Director of the Oklahoma State Bureau of Investi gation. Prior to reimbursement, expenses claimed shall be reviewed by the Director and individually approved or disapproved. 12. Department of Human Services: The actual and necessary expenses of travel, lodging and subsistence incurred by employees of the Legal Division in the performance of their duties for the purpose of r epresenting the Department of Human Se rvices or any of its officials, employees, institutions or hospi tals at any proceeding including depositions, held before any court, adminis trative body or representative thereof, shall be reimbursed to the employee in curring such ENR. S. B. NO. 856 Page 6 expenses. Expenses claimed shall be approved by the General Counsel and the Director of Human Services prior to reimbursement. 13. Oklahoma Health Care Authority: The actual and necessary expenses of travel, lodging and subsistence incurred by employees of the Legal Division in the performance of their dutie s for the purpose of representing the Authority or any of its officials or employees, at any pr oceeding including depositions, held before any court, administrative body or representative thereof, shall be reimbursed to the employee incurring such expenses . Expenses claimed shall be approved by the Administrator prior to reimbursement. 14. Oklahoma State Bureau of Narcot ics and Dangerous Drugs Control: The actual and necessary expens es incurred by the Director and other employees of the Bureau authorize d by the Director 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 Director of the Oklahoma State Bureau of Narcotics and D angerous Drugs Control. Prior to reimbursement, expenses claimed shall be reviewed by the Direct or and individually appr oved or disapproved. 15. University Hospitals: The actual and necessary expenses of travel, lodging and subsistence incurred by empl oyees of the Legal Office in the performance of their duties for the purpose of representing the University Hospitals or an y of its officials, employees, institutions or hospitals at any proceeding including depositions, held before any court, administrati ve 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 University Hospitals Authority. 16. Oklahoma Historical Socie ty: ENR. S. B. NO. 856 Page 7 The actual and necessary expenses of travel, subsistence and entertainment incurred by the Execu tive Director, Deputy Di rector and any employees designated by the Executive Committe e of the Oklahoma Historical Society Board of Directors in pursuing an d developing programs and projects for the preservation and marketing of Oklahoma history shall be re imbursed to the person i ncurring the expenses. Reimbursement of expenses shall be in accordance with rules adopted by the Oklahoma Historical Society Boar d of Directors. Prior to reimbursement, expenses claimed shall be reviewed by the Executive Committee at a regularly schedul ed meeting and each claim shall be individually approved or d isapproved. 17. The Oklahoma Department of Mines: The actual and necessary expenses of travel, lodging and subsistence incurred by employees of the Department in the performance of their duties for the purpose of representing the Department or any of it s officials or employees, at any proceeding, hearing or meeting with f ederal agencies, boards, commissions, congressional representatives, congressional committees or staff, shall be reimbursed to the employee incurring such expenses. Expenses claimed sha ll 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 rep resenting the state, the Legislature, any state board, agency or commi ssion, or any employee o r official of the state entitled to representation, at any proceeding including depositions, held before any court, administrative body or any representative thereof, and the actual and necessary expenses incurred by employees as a result of conducting inv estigations shall be reimbursed to the employee incurring the expenses . The expenses shall be approved by the Attorney General prior to reimbursement. 19. District Attorneys Council: The actual and necessary expenses of travel, lodging and subsistence incurred by each district attorney and other employees of the district attorney aut horized by the distric t attorney in the ENR. S. B. NO. 856 Page 8 performance of their duties for any dis trict other than the district for which they are employed for the purp ose of representing the state, any county, or any employee or official of the state entitled to representation at any proceeding including depositions held before any court, administrati ve body or any representative of a court or administrative body, and t he actual and necessary ex penses 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, expen ses claimed shall be reviewed by the Council and individually approved or disapproved. 20. The Department of Securities: The actual and necessary expenses of travel, lodging and subsistence incurred by the Administrator and oth er employees of the Department of Securities in the performance of their duties for the purpose of representi ng the Department of Securities, at any proceeding including depositions, hel d before any court, administrative body or any representative thereof, conducting on- site examinations, or conducting investigations, shall be reimbursed to each employee incurrin g the expenses. The expenses shall be approved by the Administrator of the D epartment of Securities prior to reimbursement. 21. Corporation Commission: The actual and necess ary travel expenses incurred by the staff of the Public Utility Division as a res ult of conducting audits and/or reviews of utility service providers shall be reimbursed to each 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 Service s: Employees of the Department of Human Services may be reimbursed for their actual and necessary expenses of trave l, lodging and meals and incidentals incurred in the performance of their duties for the purpose of escorting and transportin g children or adults in the care or custody of the Department, subject to approval by the Department : ENR. S. B. NO. 856 Page 9 a. for out-of-state visitation, care, treatment and placement of a child welfare client, b. for out-of-state treatment for or placement of an adult protective services client, c. for out-of-state treatment for or place ment of a resident of a state resource center, d. for out-of-state treatment for or placemen t of an individual with a developmental disability who is living in the community in community re sidential services, or e. for meals and incidental expenses nece ssary for the care of children or adults in the ca re or custody of the Department. Expenses claimed shall be approved by the appropriate Divisio n Director or Deputy prior to reimbursement. 23. The Banking Department: The actual and necessary expenses of tra vel and lodging incurred by the Commissioner and other employees o f the Banking Department in the performance of their duties for the Banki ng Department shall be paid or reimbursed by the Banking Department to each employee incurring the expenses. The expenses shall be approved by the Banking Commissioner prior to payme nt or reimbursement. 24. Oklahoma Office of Homeland Security: The actual and necessary expenses of travel, lodging, and subsistence incurred by the Oklahoma Homeland Security Director, a s 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 Auth ority: The actual and necessary expenses of travel and lodgi ng incurred by the Board of Directors and other employees of the district in the ENR. S. B. NO. 856 Page 10 performance of their duties for the Grand River Dam Authority shall be paid or reimbursed b y the district to each D irector or employee incurring the expenses. The expenses shall be approved by the General Manager of the Grand River Dam Authority prior to payment or reimbursement. 26. The Native American Cultural and Educational Authority: The actual and necessary exp enses incurred by the Directors and employees of the Nativ e American Cultural and Educa tional Authority in performances of duties . The expenses shall be appro ved by the Director prior to payment or reimbursement. 27. Oklahoma Department of Career and Tec hnology Education: The actual and necessary expenses inc urred by the Director and other employees of the Department, authorized by the Director, for the purpose of business recruitment, training, and the provision of technical assistance shall be reimburse d. Reimbursement of expenses shall be in accordance wit h 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 trav el 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 incurring such expenses. The exp enses claimed shall be approv ed 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 exp enses excepted or exempted from Sections 500.1 th rough 500.18 of this title to the Governor, the President Pro Tempore of the Senate, a nd the Speaker of the House of Representatives. The report shall be submitted no later than the first day of September f ollowing the end of each fiscal year. ENR. S. B. NO. 856 Page 11 Passed the Senate the 19th day of May, 2022. Presiding Officer of the Senate Passed the House of Representatives the 19th day of May, 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: ______________________________ ___