Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB856 Latest Draft

Bill / Enrolled Version Filed 05/19/2022

                             
 
 
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: ______________________________ ___