An Act ENROLLED HOUSE BILL NO. 2253 By: Burns of the House and Jech of the Senate An Act relating to motor vehicles; amending 47 O.S. 2021, Section 151, which relates to marking of automobiles owned or leased by the state; making exception for certain agency vehicles; amending 47 O.S. 2021, Section 156, which relates to the prohibition against purchase of aut omobiles or buses with public funds; allowing the Office of the Attorney General to purchase certain vehicles; amending 47 O.S. 2021, Section 156.1, which relates to the use of state-owned motor vehicles for private use; authorizing certain use of state-owned vehicles for the Office of the Attorney General; list ing employees that may use state-owned vehicles for certain purpose; providing an effective date; and declaring an emergency . SUBJECT: Motor vehicles BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: SECTION 1. AMENDATORY 47 O.S. 2021, Section 151, is amended to read as follows: Section 151. A. A state agency that owns or leases vehicles shall affix the words "State of Oklahoma" and the name of the department or institution that owns or leases the v ehicle in conspicuous letters. B. 1. In lieu of the provisions of subsection A of this section, Department of Public Safety vehicles used regularly as ENR. H. B. NO. 2253 Page 2 patrol units shall be distinctively painted black or white and shall bear the wording "Oklahoma Highway Patrol" on each side of the vehicle in letters of such size as to be easily distinguishable, it being the purpose and intention of the Legislature that said patrol units shall be marked in the future in the same manner as those now in use. 2. The Commissioner of Public Safety may designate colors and markings, in lieu of those authorized by the provisions of this section, for patrol units used for patrol purposes and for selective traffic law enforcement. C. Oklahoma State Bureau of Narcotics and Dangero us Drugs Control vehicles for use in undercover investigations and Oklahoma State Bureau of Investigation vehicles shall not be subject to the provisions of this section. D. Department of Corrections vehicles designated for use by probation and parole ope rations and other administrative operations, as approved by the Dir ector of the Department of Corrections, shall not be subject to the provisions of this section. E. Vehicles utilized by CLEET -certified officers or state employees primarily employed in in vestigative activities may be exempt from the provisions of this se ction subject to the approval of the State Fleet Manager. F. Oklahoma Military Department vehicles designated for use by the Adjutant General or Assistant Adjutant General in performance o f his or her duties and Oklahoma Military Department vehicles designated for use in the State Transition and Reintegration System (STARS) program for tracking youth, as approved by the Adjutant General, shall not be subject to the provisions of this sectio n. G. Office of Juvenile Affairs vehicles designated for use of the Office by the Executive Director of the Office of Juvenile Affairs shall not be subject to the provisions of this section. H. Office of the Attorney General vehicles designated for use by agents and other employees, as approved by the Attorney General, shall not be subject to the provisions of this section. SECTION 2. AMENDATORY 47 O.S. 2021, Section 156, is amended to read as follows: ENR. H. B. NO. 2253 Page 3 Section 156. A. Unless otherwise provided for by law, no state board, commission, department, institution, official, or employee, except the following, shall purchase any pa ssenger automobile or bus with public funds: 1. The Department of P ublic Safety; 2. The Department of Human Services; 3. The State Department of Rehabilitation Services; 4. The Department of Wildlife Conservation; 5. The Department of Corrections; 6. The State Department of Education; 7. The Oklahoma School of Scien ce and Mathematics; 8. The Oklahoma State Bureau of Narcotics and Dang erous Drugs Control; 9. The Oklahoma State Bureau of Investigation; 10. The Transportation Commission; 11. The Oklahoma Department of Ag riculture, Food, and Forestry; 12. The State Department of Health; 13. The Department of Mental Health and Substanc e Abuse Services; 14. The J.D. McCarty Center for Children with Developmental Disabilities; 15. The Military Depart ment of the State of O klahoma; 16. The Oklahoma Tourism and Recreat ion Department; 17. The Oklahoma Conservation Commission; 18. The Oklahoma Water Resources Board; 19. The Department of Mines; ENR. H. B. NO. 2253 Page 4 20. The Office of Juvenil e Affairs; 21. The Oklahoma Dep artment of Veteran Veterans Affairs; 22. The Oklahoma Supreme Court; 23. The District Attorneys Council and Oklahoma district attorneys, provided adequate funding exists; 24. The Oklahoma Boll Weevil Eradication Organizat ion; and 25. The Oklahoma Horse Racing C ommission; and 26. The Office of the Attorney General . B. 1. The Oklahoma School for the Deaf at Sulphur, the Oklahoma School for the Blind at Muskogee, and any state institution of higher education may purchase, own, or keep if now owned, or acquire by lease or gift, and us e and maintain such sta tion wagons, automobiles, trucks, or buses as are reasonably necessary for the implementation of the educational programs of said institutions. 2. No bus operated, owned , or used by such educational institutions shall be permitted t o carry any person othe r than students, faculty members, employees, or volunteers of such institutions. The provisions of this section shall not be construed to prohibit: a. the operation of intracampus buses or buses routed directly between portions of t he campus of any institution not adjacent to ea ch other, nor to prohibit the collection of fares from such s tudents, faculty members, or employees of such institutions, sufficient in amount to cover the reasonable cost of such transportation, or b. the Oklahoma School for the Bl ind or the Oklahoma School for the Deaf from entering into agreements with local public school districts pursuant to the Interlocal Cooperation Act for the mutual use of the schools' and the districts' vehicles. Such use may include, but is not limited to , the transportation of students from local school districts with students from the Oklahoma School for the Blind or the Oklahoma ENR. H. B. NO. 2253 Page 5 School for the Deaf in vehicles owned by the Oklahoma School for the Blind or the Oklahoma School for t he Deaf when traveling to school-related activities. C. The J.D. McCarty Center for Children with Developme ntal Disabilities, the Oklahoma Department of Libraries, the Oklahoma Department of Veterans Affairs, and the Oklahoma Veterans Centers may own and maintain such passenger vehicles as those insti tutions have acquired prior to May 1, 1981. D. The use of station wagons, automobiles, and buses, other than as provided for in this section, sha ll be permitted only upon written request for such use by heads of departments of the institution, approved in writing by the president of said institution or by some admi nistrative official of said institution authorized by the president to grant said app roval. Such use shall be permitted only for official instituti onal business or activi ties connected therewith. Such use shall be subject to the provisions of Section 156.1 of this title forbidding personal use of such vehicles, and to the penalties there in declared. E. Any person convicted of violating the provisio ns of this section shall be guilty of a misdeme anor and shall be punished by fine or imprisonment, or both, as provided for in Section 156.1 of this title. F. For the purpose of this section a nd Section 156.3 of this title, a station wagon is classified a s a passenger automobil e and may not be purchased solely for the use of transporting property. Such vehicles shall include, but not be limited to, all vehicles which have no separate luggage c ompartment or trunk but which do not have open beds, whether th e same are called stati on wagons, vans, suburbans, town and country, blazers, or any other names. All state boards, commissions, departments, and institutions may own and maintain station wago ns purchased solely for the purpose of transporting property if acquired prior to July 1, 1985. G. The provisions of this section and Section 156.1 of this title shall not apply to public officials who are statewide elected commissioners. SECTION 3. AMENDATORY 47 O.S. 2021, Section 156.1, is amended to read as follows: ENR. H. B. NO. 2253 Page 6 Section 156.1 A. It shall be unlawful for any state official, officer or employee, except any essential employees approved by the Governor and those officers or e mployees authorized in subsection B of this section, to ride to or from the place of residence of the employee in a state-owned or state-leased automobile, truck or pickup, except in the performance of the official duty of the employee, or to use or permit the use of any such automobile, truck, ambulance or pickup for other personal or private purposes . Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the county jail for a period to not exceed thirty (30) days, or by both said fine and imprisonment, and in addition thereto, sh all be discharged from state employment. B. 1. Any state employee, other than the i ndividuals provided for in paragraph 2 of this subsection and any employee of the Department of Public Safety who is an e mployee in the Driver License Examining Division o r the Driver Compliance Division or a wrecker inspector or auditor of the Wrecker Ser vices Division as provided for in paragraph 3 of this subsection, who receives emergency telephone calls regularly at the residence of the employee when the employee is not on duty and is regularly called upon to use a vehicle after normal work hours in re sponse to such emergency calls, may be permitted to use a vehicle belonging to th e state to provide transportation betwee n the residence of the employee and the assigned place of employment, provided such distance does not exceed seventy-five (75) miles in any round trip or is within the county where the assigned place of employment is located . Provided further, an employee may be permitted to use a state -owned or state- leased vehicle to provide temporary transportation between a specific work location oth er than the assigned place of employment and the residence of the employee, if such use shall result in a monetary saving to the agency, and such authorization shall not b e subject to the distance or area restrictions provided for in this paragraph. Authorization for temporary use of a state -owned or state-leased vehicle for a specific project shall be in writing stating the justification for this use and the saving expect ed to result. Such authorization shall be valid for not to exceed sixty (60) days. Any state entity other than law enforcement that avails itself of this provision shall keep a monthly record of all participating employees, the number of emergency calls received and the number of times that a state vehicle was used in the performance of such emergency calls. ENR. H. B. NO. 2253 Page 7 2. Any employee of the Department of Public Safety, Oklahoma Department of Corrections, Office of the Attorney General, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, Oklahoma State Bureau of Investigation, Alcoholic Beverage Laws Enforcement Commission, Oklahoma Horse Racing Commission, Oklahoma Department of Agriculture, Food, and Forestry, Office of the Inspector General within the Department of Human Services or Office of the State Fire Marshal, who is a law enforcement officer or criminalist, Public Information officer, Special Investigator or Assistant Director of the Oklahoma State Bureau of Investigation, CLE ET-certified Investigator for a state board or any employee of a district attorney who is a law enforcement officer, may be permitted to use a state-owned or state-leased vehicle to provide transportation between the residence of the employee and the assig ned place of employment and between the residence and any location other than the assigned place of employment to which the employee travels in the performance of the official duty of the employee. 3. Any employee of the Department of Public Safety who i s an employee in the Driver License Examining Division, an employee of the Driver Compliance Division, a wrecker inspector or auditor of the Wrecker Services Division, or a noncommissioned pilot may be permitted, as determined by the Commissioner, to use a state-owned or state-leased vehicle to provide transportation between the residence of the employee and the assigned place of employment and between the residence and any location other than the assigned place of employment to which the employee travels i n the performance of the official duty of the employee. 4. The Director, department heads and other essential employees of the Department of Wildlife Conservation, as authorized by the Wildlife Conservation Commission, may be permitted to use a state - owned or state-leased vehicle to provide transportation between the residence of the employee and the assigned place of employment and between the residence and any location other than the assigned place of employment to which the employee travels in the perf ormance of the official duty of the employee. 5. The Director, department heads, emergency responders and other essential employees of the Department of Corrections, as authorized by the Director, may be permitted to use a state -owned or state-leased vehicle to provide transp ortation between the residence of the employee and the assigned place of employment and between the residence and any location other than the assigned place of ENR. H. B. NO. 2253 Page 8 employment to which the employee travels in the performance of the official duty of the employee . 6. The Attorney General, division heads, emergency responders, agents, assistant attorneys general, and other essential employees of the Office of the Attorney General, as authorized by the Attorney General, may be permitted to us e a state-owned or state-leased vehicle to provide transportation between the residence of the employee and the assigned place of employment and between the residence and any location other than the assigned place of employment to which the employee travel s in the performance of the official duty of the employee. C. The principal administrator of the state agen cy with which the employee is employed shall so designate the status of the employee in writing or provide a copy of the temporary authorization to the Governor, the Presi dent Pro Tempore of the Senate and the Speaker of the House of Representatives . Such employee status report shall also be provided to the State Fleet Manager of the Division of Fleet Management if the motor vehicle for emergency use is provided by said Di vision. SECTION 4. This act shall become effective November 1, 2023. SECTION 5. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason wh ereof this act shall take effect and be in full force from and after its passage a nd approval. ENR. H. B. NO. 2253 Page 9 Passed the House of Representatives the 14th day of March, 2023. Presiding Officer of the House of Representatives Passed the Senate the 25th day of April, 2023. Presiding Officer of the Senate 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: _________________________________