Oklahoma 2023 Regular Session

Oklahoma House Bill HB2253 Latest Draft

Bill / Enrolled Version Filed 04/26/2023

                            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: _________________________________