Oklahoma 2023 Regular Session

Oklahoma House Bill HB2253 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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3	34		BILL NO. 2253 By: Burns of the House
4	35
5	36		and
6	37
7	38		Jech of the Senate
8		-
9		-
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14	43		An Act relating to motor vehicles; amending 47 O.S.
15	44		2021, Section 151, which relates to marking of
16	45		automobiles owned or le ased by the state; making
17	46		exception for certain agency vehicles; amending 47
18	47		O.S. 2021, Section 156, which relates to the
19	48		prohibition against purchase of aut omobiles or buses
20	49		with public funds; allowing the Office of the
21	50		Attorney General to purchase certain vehicles;
22	51		amending 47 O.S. 2021, Section 156.1, which relates
23	52		to the use of state-owned motor vehicles for private
24	53		use; authorizing certain use of state-owned vehicles
25	54		for the Office of the Attorney General; list ing
26	55		employees that may use state-owned vehicles for
27	56		certain purpose; providing an effective date; and
28	57		declaring an emergency .
29	58
30	59
31	60
32		-
33		-	SUBJECT: Motor vehicles
34		-
35	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
36		-
37	62		SECTION 1. AMENDATORY 47 O.S. 2021, Section 151, is
38	63		amended to read as follows:
39		-
40	64		Section 151. A. A state agency that owns or leases vehicles
41	65		shall affix the words "State of Oklahoma" and the name of the
42	66		department or institution that owns or leases the v ehicle in
43	67		conspicuous letters.
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45	95		B. 1. In lieu of the provisions of subsection A of this
46		-	section, Department of Public Safety vehicles used regularly as ~~ENR. H. B. NO. 2253 Page 2~~
	96	+	section, Department of Public Safety vehicles used regularly as
47	97		patrol units shall be distinctively painted black or white and shall
48	98		bear the wording "Oklahoma Highway Patrol" on each side of the
49	99		vehicle in letters of such size as to be easily distinguishable, it
50	100		being the purpose and intention of the Legislature that said patrol
51	101		units shall be marked in the future in the same manner as those now
52	102		in use.
53		-
54	103		2. The Commissioner of Public Safety may designate colors and
55	104		markings, in lieu of those authorized by the provisions of this
56	105		section, for patrol units used for patrol purposes and for selective
57	106		traffic law enforcement.
58		-
59	107		C. Oklahoma State Bureau of Narcotics and Dangero us Drugs
60	108		Control vehicles for use in undercover investigations and Oklahoma
61	109		State Bureau of Investigation vehicles shall not be subject to the
62	110		provisions of this section.
63		-
64	111		D. Department of Corrections vehicles designated for use by
65	112		probation and parole ope rations and other administrative operations,
66	113		as approved by the Dir ector of the Department of Corrections, shall
67	114		not be subject to the provisions of this section.
68		-
69	115		E. Vehicles utilized by CLEET -certified officers or state
70	116		employees primarily employed in in vestigative activities may be
71	117		exempt from the provisions of this se ction subject to the approval
72	118		of the State Fleet Manager.
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74	146		F. Oklahoma Military Department vehicles designated for use by
75	147		the Adjutant General or Assistant Adjutant General in performance o f
76	148		his or her duties and Oklahoma Military Department vehicles
77	149		designated for use in the State Transition and Reintegration System
78	150		(STARS) program for tracking youth, as approved by the Adjutant
79	151		General, shall not be subject to the provisions of this sectio n.
80		-
81	152		G. Office of Juvenile Affairs vehicles designated for use of
82	153		the Office by the Executive Director of the Office of Juvenile
83	154		Affairs shall not be subject to the provisions of this section.
84		-
85	155		H. Office of the Attorney General vehicles designated for use
86	156		by agents and other employees, as approved by the Attorney General,
87	157		shall not be subject to the provisions of this section.
88		-
89	158		SECTION 2. AMENDATORY 47 O.S. 2021, Section 156, is
90	159		amended to read as follows:
91		-	ENR. H. B. NO. 2253 Page 3
92	160		Section 156. A. Unless otherwise provided for by law, no state
93	161		board, commission, department, institution, official, or employee,
94	162		except the following, shall purchase any passenger automobile or bus
95	163		with public funds:
96		-
97	164		1. The Department of P ublic Safety;
98		-
99	165		2. The Department of Human Services;
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101	166		3. The State Department of Rehabilitation Services;
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103	167		4. The Department of Wildlife Conservation;
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105	168		5. The Department of Corrections;
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107	169		6. The State Department of Education;
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109	197		7. The Oklahoma School of Scien ce and Mathematics;
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111	198		8. The Oklahoma State Bureau of Narcotics and Dang erous Drugs
112	199		Control;
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114	200		9. The Oklahoma State Bureau of Investigation;
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116	201		10. The Transportation Commission;
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118	202		11. The Oklahoma Department of Ag riculture, Food, and Forestry;
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120	203		12. The State Department of Health;
121		-
122	204		13. The Department of Mental Health and Substanc e Abuse
123	205		Services;
124		-
125	206		14. The J.D. McCarty Center for Children with Developmental
126	207		Disabilities;
127		-
128	208		15. The Military Department of the State of O klahoma;
129		-
130	209		16. The Oklahoma Tourism and Recreat ion Department;
131		-
132	210		17. The Oklahoma Conservation Commission;
133		-
134	211		18. The Oklahoma Water Resources Board;
135		-
136		-	19. The Department of Mines; ENR. H. B. NO. 2253 Page 4
137		-
	212	+	19. The Department of Mines;
138	213		20. The Office of Juvenile Affairs;
139		-
140	214		21. The Oklahoma Department of Veteran Veterans Affairs;
141		-
142	215		22. The Oklahoma Supreme Court;
143		-
144	216		23. The District Attorneys Council and Oklahoma district
145	217		attorneys, provided adequate funding exists;
	218	+	24. The Oklahoma Boll Weevil Eradication Organization; and
	219	+	25. The Oklahoma Horse Racing C ommission; and
	220	+	26. The Office of the Attorney General .
146	221
147		-	24. The Oklahoma Boll Weevil Eradication Organizat ion; and
148		-
149		-	25. The Oklahoma Horse Racing C ommission; and
150		-
151		-	26. The Office of the Attorney General .
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152	247
153	248		B. 1. The Oklahoma School for the Deaf at Sulphur, the
154	249		Oklahoma School for the Blind at Muskogee, and any state institution
155	250		of higher education may purchase, own, or keep if now owned, or
156	251		acquire by lease or gift, and us e and maintain such sta tion wagons,
157	252		automobiles, trucks, or buses as are reasonably necessary for the
158	253		implementation of the educational programs of said institutions.
159		-
160	254		2. No bus operated, owned, or used by such educational
161	255		institutions shall be permitted t o carry any person othe r than
162	256		students, faculty members, employees, or volunteers of such
163	257		institutions. The provisions of this section shall not be construed
164	258		to prohibit:
165		-
166	259		a. the operation of intracampus buses or buses routed
167	260		directly between portions of t he campus of any
168	261		institution not adjacent to ea ch other, nor to
169	262		prohibit the collection of fares from such s tudents,
170	263		faculty members, or employees of such institutions,
171	264		sufficient in amount to cover the reasonable cost of
172	265		such transportation, or
173		-
174	266		b. the Oklahoma School for the Bl ind or the Oklahoma
175	267		School for the Deaf from entering into agreements with
176	268		local public school districts pursuant to the
177	269		Interlocal Cooperation Act for the mutual use of the
178	270		schools' and the districts' vehicles. Such use may
179	271		include, but is not limited to , the transportation of
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180	299		students from local school districts with students
181		-	from the Oklahoma School for the Blind or the Oklahoma ~~ENR. H. B. NO. 2253 Page 5~~
	300	+	from the Oklahoma School for the Blind or the Oklahoma
182	301		School for the Deaf in vehicles owned by the Oklahoma
183	302		School for the Blind or the Oklahoma School for t he
184	303		Deaf when traveling to school-related activities.
185		-
186	304		C. The J.D. McCarty Center for Children with Developme ntal
187	305		Disabilities, the Oklahoma Department of Libraries, the Oklahoma
188	306		Department of Veterans Affairs, and the Oklahoma Veterans Centers
189	307		may own and maintain such passenger vehicles as those insti tutions
190	308		have acquired prior to May 1, 1981.
191		-
192	309		D. The use of station wagons, automobiles, and buses, other
193	310		than as provided for in this section, shall be permitted only upon
194	311		written request for such use by heads of departments of the
195	312		institution, approved in writing by the president of said
196	313		institution or by some admi nistrative official of said institution
197	314		authorized by the president to grant said approval. Such use shall
198	315		be permitted only for official instituti onal business or activi ties
199	316		connected therewith. Such use shall be subject to the provisions of
200	317		Section 156.1 of this title forbidding personal use of such
201	318		vehicles, and to the penalties therein declared.
202		-
203	319		E. Any person convicted of violating the provisio ns of this
204	320		section shall be guilty of a misdeme anor and shall be punished by
205	321		fine or imprisonment, or both, as provided for in Section 156.1 of
206	322		this title.
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208	350		F. For the purpose of this section and Section 156.3 of this
209	351		title, a station wagon is classified a s a passenger automobil e and
210	352		may not be purchased solely for the use of transporting property.
211	353		Such vehicles shall include, but not be limited to, all vehicles
212	354		which have no separate luggage compartment or trunk but which do not
213	355		have open beds, whether th e same are called stati on wagons, vans,
214	356		suburbans, town and country, blazers, or any other names. All state
215	357		boards, commissions, departments, and institutions may own and
216	358		maintain station wagons purchased solely for the purpose of
217	359		transporting property if acquired prior to July 1, 1985.
218		-
219	360		G. The provisions of this section and Section 156.1 of this
220	361		title shall not apply to public officials who are statewide elected
221	362		commissioners.
222		-
223	363		SECTION 3. AMENDATORY 47 O.S. 2021, Section 156.1, is
224	364		amended to read as follows:
225		-	ENR. H. B. NO. 2253 Page 6
226	365		Section 156.1 A. It shall be unlawful for any state official,
227	366		officer or employee, except any essential employees approved by the
228	367		Governor and those officers or employees authorized in subsection B
229	368		of this section, to ride to or from the place of residence of the
230	369		employee in a state-owned or state-leased automobile, truck or
231	370		pickup, except in the performance of the official duty of the
232	371		employee, or to use or permit the use of any such automobile, truck,
233	372		ambulance or pickup for other personal or private purposes . Any
234	373		person convicted of violating the provisions of this section shall
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235	401		be guilty of a misdemeanor and shall be punished by a fine of not
236	402		more than One Hundred Dollars ($100.00) or by imprisonment in the
237	403		county jail for a period to not exceed thirty (30) days, or by both
238	404		said fine and imprisonment, and in addition thereto, sh all be
239	405		discharged from state employment.
240		-
241	406		B. 1. Any state employee, other than the individuals provided
242	407		for in paragraph 2 of this subsection and any employee of the
243	408		Department of Public Safety who is an e mployee in the Driver License
244	409		Examining Division o r the Driver Compliance Division or a wrecker
245	410		inspector or auditor of the Wrecker Services Division as provided
246	411		for in paragraph 3 of this subsection, who receives emergency
247	412		telephone calls regularly at the residence of the employee when the
248	413		employee is not on duty and is regularly called upon to use a
249	414		vehicle after normal work hours in response to such emergency calls,
250	415		may be permitted to use a vehicle belonging to th e state to provide
251	416		transportation betwee n the residence of the employee and the
252	417		assigned place of employment, provided such distance does not exceed
253	418		seventy-five (75) miles in any round trip or is within the county
254	419		where the assigned place of employment is located . Provided
255	420		further, an employee may be permitted to use a state -owned or state-
256	421		leased vehicle to provide temporary transportation between a
257	422		specific work location other than the assigned place of employment
258	423		and the residence of the employee, if such use shall result in a
259	424		monetary saving to the agency, and such authorization shall not b e
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260	452		subject to the distance or area restrictions provided for in this
261	453		paragraph. Authorization for temporary use of a state -owned or
262	454		state-leased vehicle for a specific project shall be in writing
263	455		stating the justification for this use and the saving expect ed to
264	456		result. Such authorization shall be valid for not to exceed sixty
265	457		(60) days. Any state entity other than law enforcement that avails
266	458		itself of this provision shall keep a monthly record of all
267	459		participating employees, the number of emergency calls received and
268	460		the number of times that a state vehicle was used in the performance
269	461		of such emergency calls.
270		-	ENR. H. B. NO. 2253 Page 7
271	462		2. Any employee of the Department of Public Safety, Oklahoma
272	463		Department of Corrections, Office of the Attorney General, Oklahoma
273	464		State Bureau of Narcotics and Dangerous Drugs Control, Oklahoma
274	465		State Bureau of Investigation, Alcoholic Beverage Laws Enforcement
275	466		Commission, Oklahoma Horse Racing Commission, Oklahoma Department of
276	467		Agriculture, Food, and Forestry, Office of the Inspector General
277	468		within the Department of Human Services or Office of the State Fire
278	469		Marshal, who is a law enforcement officer or criminalist, Public
279	470		Information officer, Special Investigator or Assistant Director of
280	471		the Oklahoma State Bureau of Investigation, CLE ET-certified
281	472		Investigator for a state board or any employee of a district
282	473		attorney who is a law enforcement officer, may be permitted to use a
283	474		state-owned or state-leased vehicle to provide transportation
284	475		between the residence of the employee and the assig ned place of
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285	503		employment and between the residence and any location other than the
286	504		assigned place of employment to which the employee travels in the
287	505		performance of the official duty of the employee.
288		-
289	506		3. Any employee of the Department of Public Safety who i s an
290	507		employee in the Driver License Examining Division, an employee of
291	508		the Driver Compliance Division, a wrecker inspector or auditor of
292	509		the Wrecker Services Division, or a noncommissioned pilot may be
293	510		permitted, as determined by the Commissioner, to use a state-owned
294	511		or state-leased vehicle to provide transportation between the
295	512		residence of the employee and the assigned place of employment and
296	513		between the residence and any location other than the assigned place
297	514		of employment to which the employee travels i n the performance of
298	515		the official duty of the employee.
299		-
300	516		4. The Director, department heads and other essential employees
301	517		of the Department of Wildlife Conservation, as authorized by the
302	518		Wildlife Conservation Commission, may be permitted to use a state -
303	519		owned or state-leased vehicle to provide transportation between the
304	520		residence of the employee and the assigned place of employment and
305	521		between the residence and any location other than the assigned place
306	522		of employment to which the employee travels in the perf ormance of
307	523		the official duty of the employee.
308		-
309	524		5. The Director, department heads, emergency responders and
310	525		other essential employees of the Department of Corrections, as
311	526		authorized by the Director, may be permitted to use a state -owned or
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312	554		state-leased vehicle to provide transp ortation between the residence
313	555		of the employee and the assigned place of employment and between the
314		-	residence and any location other than the assigned place of ~~ENR. H. B. NO. 2253 Page 8~~
	556	+	residence and any location other than the assigned place of
315	557		employment to which the employee travels in the performance of the
316	558		official duty of the employee .
317		-
318	559		6. The Attorney General, division heads, emergency responders,
319	560		agents, assistant attorneys general, and other essential employees
320	561		of the Office of the Attorney General, as authorized by the Attorney
321	562		General, may be permitted to us e a state-owned or state-leased
322	563		vehicle to provide transportation between the residence of the
323	564		employee and the assigned place of employment and between the
324	565		residence and any location other than the assigned place of
325	566		employment to which the employee travel s in the performance of the
326	567		official duty of the employee.
327		-
328	568		C. The principal administrator of the state agency with which
329	569		the employee is employed shall so designate the status of the
330	570		employee in writing or provide a copy of the temporary authorization
331	571		to the Governor, the Presi dent Pro Tempore of the Senate and the
332	572		Speaker of the House of Representatives. Such employee status
333	573		report shall also be provided to the State Fleet Manager of the
334	574		Division of Fleet Management if the motor vehicle for emergency use
335	575		is provided by said Di vision.
	576	+	SECTION 4. This act shall become effective November 1, 2023.
336	577
337		-	SECTION 4. This act shall become effective November 1, 2023.
	578	+	SENATE FLOOR VERSION - HB2253 SFLR Page 12
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338	603
339	604		SECTION 5. It being immediately necessary for the preservation
340	605		of the public peace, health or safety, an emergency is hereby
341	606		declared to exist, by reason whereof this act shall take effect and
342	607		be in full force from and after its passage and approval.
343		-	ENR. H. B. NO. 2253 Page 9
344		-	Passed the House of Representatives the 14th day of March, 2023.
345		-
346		-
347		-
348		-
349		-	Presiding Officer of the House
350		-	of Representatives
351		-
352		-
353		-	Passed the Senate the 25th day of April, 2023.
354		-
355		-
356		-
357		-
358		-	Presiding Officer of the Senate
359		-
360		-
361		-	OFFICE OF THE GOVERNOR
362		-	Received by the Office of the Governor this ____________________
363		-	day of ___________________, 20_______, at _______ o'clock _______ M.
364		-	By: _________________________________
365		-	Approved by the Governor of the State of Oklahoma this _____ ____
366		-	day of ___________________, 20_______, at _______ o'clock _______ M.
367		-
368		-
369		-	_________________________________
370		-	Governor of the State of Oklahoma
371		-
372		-	OFFICE OF THE SECRETARY OF STATE
373		-	Received by the Office of the Secretary of State this __________
374		-	day of ___________________, 20_______, at _______ o'clock _______ M.
375		-	By: _________________________________
376		-
	608	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	609	+	April 11, 2023 - DO PASS