An Act
ENROLLED HOUSE
BILL NO. 2869 By: Wallace of the House
and
Weaver and Paxton of the
Senate
An Act relating to the Council on Law Enforcement
Education and Training; amending 47 O.S. 2021, Sectio n
156, which relates to the prohibition against
purchasing automobiles or buses with public funds;
updating statutory reference; broadening certain
exception; amending 47 O.S. 2021, Section 156.1,
which relates to the use of state -owned motor
vehicles for private use; updating statutory
reference; broadening certain permission; amending 70
O.S. 2021, Section 3311, which relates to the Council
on Law Enforcement Education and Training; updating
statutory reference; allowing the Executive Director
of the Council on Law Enforcement Education and
Training to hire an Assistant Director; and providing
an effective date.
SUBJECT: Council on Law Enforcement Education and Training
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 156, is
amended to read as follows:
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 Public Safety;
2. The Department of Human Services;
3. The State Department of Rehabilitation Services;
ENR. H. B. NO. 2869 Page 2
4. The Department of Wildlife Conservation;
5. The Department of Corrections;
6. The State Department of Education;
7. The Oklahoma School of Science and Mathematics;
8. The Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control;
9. The Oklahoma State Bureau of Investigation;
10. The Transportation Commission;
11. The Oklahoma Department of Agriculture, Fo od, and Forestry;
12. The State Department of Health;
13. The Department of Mental Health and Substance Abuse
Services;
14. The J.D. McCarty Center for Children with Developmental
Disabilities;
15. The Military Depart ment of the State of Oklahoma;
16. The Oklahoma Tourism and Recreation Department;
17. The Oklahoma Conservation Commission;
18. The Oklahoma Water Resources Board;
19. The Department of Mines;
20. The Office of Juvenile 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 Organization; and ENR. H. B. NO. 2869 Page 3
25. The Oklahoma Horse Racing C ommission; and
26. The Council on Law Enforcement Education and Training.
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 use and maintain such station 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 to carry any person other 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 the campus of any
institution not adjacent to each other, nor to
prohibit the collection of fares from such students,
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 Blind 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
School for the Deaf in vehicles owned by the Oklahoma
School for the Blind or the Oklahoma School for the
Deaf when traveling to school-related activities.
C. The J.D. McCarty Center for Children with Developmental
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 institutions
have acquired prior to May 1, 1981.
D. The use of station wagons, automobiles, and buses, other
than as provided for in this section, shall be permitted only upon ENR. H. B. NO. 2869 Page 4
written request for such use by heads of departments of the
institution, approved in writing by the president of said
institution or by some administrative official of said institution
authorized by the president to grant said approval. Such use shall
be permitted only for official ins titutional business or activities
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 therein declared.
E. Any person convicted of violating the pr ovisions of this
section shall be guilty of a misdemeanor 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 and Section 156.3 of this
title, a station wagon is classi fied as a passenger automobile 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 compartment or trunk but which d o not
have open beds, whet her the same are called station wagons, vans,
suburbans, town and country, blazers, or any other names. All state
boards, commissions, departments, and institutions may own and
maintain station wagons purchased solely for the pur pose 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 2. AMENDATORY 47 O.S. 2021, Section 156.1, is
amended to read as follows:
Section 156.1 A. It shall be unlawful for any state official,
officer or employee, except any essential employees a pproved by the
Governor and those officers or employees authorized in subs ection B
of this section, to ride to or f rom the place of residence of the
employee in a state-owned or state-leased automobile, truck or
pickup, except in the performance of the off icial duty of the
employee, or to use or permit the use of any such automo bile, truck,
ambulance or pickup for othe r personal or private purposes. Any
person convicted of violating the provisions of this sect ion 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 pe riod to not exceed thirty (30) days, or by both ENR. H. B. NO. 2869 Page 5
said fine and imprisonment, and in addition th ereto, shall be
discharged from state employmen t.
B. 1. Any state employee, other than the individuals provided
for in paragraph 2 of this subsection and any em ployee of the
Department of Public Safety who is an employee in the Driver License
Examining Services Division or the Driver Compliance Division or a
wrecker inspector or auditor of the Wrecker Services Division as
provided for in paragraph 3 of this subse ction, 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 response to such em ergency
calls, may be permitted to use a v ehicle belonging to the state to
provide transportation between the residence of the employee and the
assigned place of employment, provided such dist ance does not exceed
seventy-five (75) miles in any round trip o r 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 tran sportation between a
specific work location other than the assig ned place of employment
and the residence of the employee, if such use shall result in a
monetary saving to the agency, and such authorization sh all not be
subject to the distance or area rest rictions provided for in this
paragraph. Authorization for temp orary 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 savi ng expected to
result. Such authorization shal l 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 emergen cy calls received and
the number of times that a state vehicle was used in the performance
of such emergency ca lls.
2. Any employee of the Department of Public Safety, Oklahoma
Department of Corrections, Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, Oklahoma State Bureau of Investiga tion,
Alcoholic Beverage Laws Enforcement Commission, Oklahoma Horse
Racing Commission, Oklahoma Departmen t 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 Informatio n officer,
Special Investigator or Assistant Director of the Oklahoma State
Bureau of Investigation, the Executive Director of CLEET, CLEET-
certified Investigator for a state board , or any employee of a
district attorney who is a law enforcement officer, m ay be permitted ENR. H. B. NO. 2869 Page 6
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 assigne d place of employment to whic h the
employee travels in the performance o f 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 Services Division, an
employee of the Driver Complian ce Division, a wrecker inspector or
auditor of the Wrecker Serv ices 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 Co nservation, as authorized by the
Wildlife Conservation Com mission, 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 permitt ed 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 employe e travels in the performance of the
official duty of the employee.
C. The principal administrator of the state agency with which
the employee is employed shall so designate the status of the
employee in writing or provide a copy of the temporary authoriza tion
to the Governor, the President Pro Te mpore 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 emerg ency use
is provided by said Division.
ENR. H. B. NO. 2869 Page 7
SECTION 3. AMENDATORY 70 O.S. 2021, Section 3311, is
amended to read as follows:
Section 3311. A. There is hereby created a Council on Law
Enforcement Education and Training which shall be, and is hereby
declared to be, a governmental law enforcement agency of the State
of Oklahoma, body politic and corporate, with powers of government
and with the authority to exercise the r ights, privileges and
functions necessary to ensure the professiona l training and
continuing education of law enforcement officers in the State of
Oklahoma this state. These rights, privileges and functions
include, but are not limited to, those specified in Secti ons 3311
through 3311.15 of this title and in the Oklahoma Security G uard and
Private Investigator Act and the Oklahoma Bail Enforcement and
Licensing Act. The Counci l shall be authorized to require agency
employees and the employees of agency contractors in positions to
have access to Oklahoma Peace Officer records, Oklahoma Security
Guard and Private Investigator records, Oklahoma Bail Enforcement
and Licensing Act records, to be subject to a criminal hist ory
search by the Oklahoma State Bureau of Invest igation, as well as be
fingerprinted for submission of the fingerprin ts through the
Oklahoma State Bureau of Investigation to the Federal Bureau of
Investigation for a national criminal history check. The C ouncil
shall be the recipient of the results of t he record check. In
accordance with Section 150.9 of Title 74 of the Oklahoma Statutes,
this includes a national criminal record with a finger print
analysis. The Council shall be composed of thirteen (13) members as
follows:
1. The Commissioner of the Department of Public Safety, or
designee;
2. The Director of the Okl ahoma State Bureau of Narcotics and
Dangerous Drugs Control, or designee;
3. The Director of the Oklahoma State Bureau of Investigatio n,
or designee;
4. One member appointed by the Gove rnor who shall be a law
enforcement administrator representing a trib al law enforcement
agency;
5. One member appointed by the Governor who shall be a chief of
police of a municipality with a populatio n over one hundred thousand
(100,000), as determined b y the latest Federal Decennial Census; ENR. H. B. NO. 2869 Page 8
6. One member appointed by th e Board of Directors of the
Oklahoma Sheriffs’ Association who shall be a sheriff of a county
with a population under twenty -five thousand (25,000), as determined
by the latest Federal De cennial Census;
7. One member appointed by the Oklahoma Association of Police
Chiefs Chiefs of Police who shall be a chief of police representing
a municipality with a population over ten thousand (10,000), as
determined by the latest Federal Decennial Ce nsus;
8. One member shall be appointed by the Board of Directors of
the Oklahoma Sheriffs’ Association who shall be a sheriff of a
county with a population of twenty -five thousand (25,000) or more,
as determined by the latest Federal Decennial Census;
9. One member appointed by the Board of Directors of the
Fraternal Order of Police who s hall have experience as a training
officer;
10. One member appointed by the Chancellor of Higher Education
who shall be a representative of East Central University;
11. One member appointed by the Board of Directors of the
Oklahoma Sheriffs and Peace Off icers Association who shall be a
full-time law enforcement officer in good standing with CLEET wit hin
a county with a population under fifty thousand (50,000);
12. The President Pro Tempore of the Senate shall appoint one
member from a list of three or mo re nominees submitted by a
statewide organization representing cities and towns that is exempt
from taxation under federal law and designated pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section 170(a);
and
13. The Speaker of the Ho use of Representatives shall appoint
one member from a list of three or more nominees submitted by an
organization that assists in the establishment of accreditation
standards and training programs for law enforcement agencies
throughout the State of Oklahoma this state.
The Executive Director selected by the Council shall be an ex
officio member of the Council and shall act as Secretary. The
Council on Law Enforcement Ed ucation and Training shall select a
chair and vice-chair from among its members. Members of the Council ENR. H. B. NO. 2869 Page 9
on Law Enforcement Education and Training shall not receive a salary
for duties performed as members of the Council, but shall be
reimbursed for their actual and necessary expenses incurred in the
performance of Council duties pursuant to the provi sions of the
State Travel Reimbursement Act.
B. The Council on Law Enforcement Education and T raining is
hereby authorized and directed to:
1. Appoint a larger Advisory Council to discuss problems and
hear recommendations concerning necessary research, m inimum
standards, educational needs, and other matters imperative to
upgrading Oklahoma law en forcement to professional status;
2. Promulgate rules with respe ct to such matters as
certification, revocation, suspension, withdrawal and reinstatement
of certification, minimum courses of study, testing and test scores,
attendance requirements, equipm ent and facilities, minimum
qualifications for instructors, minimu m standards for basic and
advanced in-service courses, and seminars for Oklahoma police and
peace officers;
3. Authorize research, basic and advanced courses, and seminars
to assist in program planning directly and through subcommittees;
4. Authorize additional staff and services necessary for
program expansion;
5. Recommend legislation necessary t o upgrade Oklahoma law
enforcement to professional status;
6. Establish policies and reg ulations concerning the number,
geographic and police unit distributio n, and admission requirements
of those receiving tuition or scholarship aid available through the
Council. Such waiver of costs shall be limited to duly appointed
members of legally con stituted local, county, and state law
enforcement agencies on the basi s of educational and financial need;
7. Appoint an Executive Director and an Assistant Director to
direct the staff, inform the Council of compliance with the
provisions of this sectio n and perform such other duties imposed on
the Council by law. An Exec utive Director appointed by the Council
must qualify for the position with a bachelor or higher d egree in
law enforcement from an accredited college or university, or a
bachelor or higher degree in a law-enforcement-related subject area, ENR. H. B. NO. 2869 Page 10
and a minimum of five (5) years of active law enforcement experience
including, but not limited to, responsibility for enforcement,
investigation, administration, training, or curriculum
implementation.
The Executive Director of the Council on L aw Enforcement
Education and Training may hire an Assistant Director to perform
such duties as directed by the Executive Director.
The Executive Director of the Council on Law Enforcement
Education and Training m ay commission CLEET staff as peace officers
for purposes consistent with the duties of CLEET as set out in state
law. The powers and duties conferred on the Executive Di rector or
any staff member appointed by the Executive Director as a peace
officer shall not limit the powers and duties of other peace
officers of this state o r any political subdivision thereof. The
Executive Director or any staff member appointed by the Executive
Director as a peace officer may, upon request, assist any federal,
state, county or municipal law enforcement agency;
8. Enter into contracts and a greements for the payment of
classroom space, food, and lodging expenses as may be necessary for
law enforcement officers attending any official course of
instruction approved or con ducted by the Council. Such expenses may
be paid directly to the contract ing agency or business
establishment. The food and lodging expenses for each law
enforcement officer shall not exceed the authorized rates as
provided for in the State Travel Reimbu rsement Act; provided,
however, the Council may provide food and lodging t o law enforcement
officials attending any official course of instruction approved or
conducted by the Council rather than paying for the provision of
such food and lodging by an outs ide contracting agency or business
establishment;
9. a. Certify canine teams, consisting of a dog and a
handler working together as a team, trained to detect:
(1) controlled dangerous substances, or
(2) explosives, explosive materials, explosive
devices, or materials which could be used to
construct an explosive device;
provided, the dog of a certified canine team shall not
be certified at any time as both a drug dog and a bomb ENR. H. B. NO. 2869 Page 11
dog, and any dog of a certified canine team who has
been previously certifie d as either a drug dog or a
bomb dog shall not be eligible at any time to be
certified in the other category.
b. Upon retiring the dog from the service it was
certified to perform, the law enforcement department
that handled the dog shall retain possessio n of the
dog. The handler shall have first option of adopting
the dog. If that option is not exercised, the law
enforcement department shall provide for its adoption.
Once adopted the dog shall not be placed back into
active service;
10. Enter into a lease, loan or other agreement with the
Oklahoma Development Finance Authority o r a local public trust for
the purpose of facilitating the financing of a new facility for its
operations and use and pledge, to the extent authorized by law, all
or a portion of its receipts of the assessment penalty herein
referenced for the payment of i ts obligations under such lease, loan
or other agreement. It is the intent of the Legislature to increase
the assessment penalty to such a level or appropriate sufficient
monies to the Council on Law Enforcement Education and Training to
make payments on the lease, loan or other agreement for the purpose
of retiring the bonds to be issued by the Okla homa Development
Finance Authority or local public trust. Such lease, loan or other
agreement and the bonds issued to finance such facilities shall not
constitute an indebtedness of the State of Oklahoma this state or be
backed by the full faith and credit of the State of Oklahoma this
state, and the lease, loan or other agreement a nd the bonds shall
contain a statement to such effect;
11. Accept gifts, beques ts, devises, contributions and grants,
public or private, of real or personal property;
12. Appoint an advisory commit tee composed of representatives
from security guard and private investigative agencies to advise the
Council concerning necessary researc h, minimum standards for
licensure, education, and other matters related to licensure of
security guards, security guar d agencies, private investigators, and
private investigative agencies;
13. Enter into agreements with individuals, educational
institutions, agencies, and business and tribal entities for
professional services, the use of facilities and supplies, and staf f ENR. H. B. NO. 2869 Page 12
overtime costs incurred as a result of the user ’s requests to
schedule functions after -hours, on weekends, or anytime such
requests extend staff beyond its normal capacity, whereby
contracting individuals, educational institutions, agencies, and
business and tribal entities shall pay a fee to be determined by the
Council by rule. All fees collected pursuant to facilities usage
shall be deposited to the credit of the C.L.E.E.T. Training C enter
Revolving Fund created pursuant to Section 3311.6 of this titl e.
All other fees collected pursuant to these agreeme nts shall be
deposited to the credit of the Peace Officer Revolving Fund created
pursuant to Section 3311.7 of this title. The Counci l is authorized
to promulgate emergency rules to effectuate the prov isions of this
paragraph;
14. Promulgate rules to es tablish a state firearms
requalification standard for active peace officers and meet any
requirements imposed on the Council by the fed eral Law Enforcement
Officers Safety Act of 2004;
15. Set minimal criteria relating to qualifications for chief
of police administrative training pursuant to Section 34 -102 of
Title 11 of the Oklahoma Sta tutes, assist in developing a course of
training for a Police Chief Administrative School, and approve all
police chief administrative training offered in this state;
16. Appoint a Curriculum Review Board to be composed of six (6)
members as follows:
a. one member shall be selected by the Chancellor for
Higher Education, who possesses a background of
creation and review o f curriculum and experience
teaching criminal just ice or law enforcement courses,
who shall serve an initial term of one (1) year,
b. one member shall represent a municipal jurisdiction
with a population of fifty thousand (50,000) or more
and who shall be a management-level CLEET-certified
training officer, who shall serve an initial term of
two (2) years,
c. one member shall represent a co unty jurisdiction with
a population of fifty thousa nd (50,000) or more and
who shall be a management -level CLEET-certified
training officer, who shall serve an initial term of
three (3) years, ENR. H. B. NO. 2869 Page 13
d. one member shall represent a municipal jurisdiction
with a population of less than fifty thousand (50,000)
and who shall be a CLEET -certified training officer,
who shall serve an initial term of two (2) years,
e. one member shall represent a county jurisdiction with
a population of less than fifty thousand (50,000) and
who shall be a CLEET-certified training office r, who
shall serve an initial term of one (1) year, and
f. one member selected by the Oklahoma Department of
Career and Technology, who shall have experience in
the creation and review of curriculum as wel l as
experience in teaching criminal justice or law
enforcement courses, who shall serve an initial term
of three (3) years.
After the initial terms of office, all members shall be
appointed to serve three -year terms. Any member may be reappointed
to serve consecutive terms. Members shall serve without
compensation, but may be reimbursed for travel expenses pursuant to
the State Travel Reimbursement Act. The Board shall review and
establish curriculum for all CLEET academies and training courses
pursuant to procedures established by the Council on Law En forcement
Education and Training;
17. Conduct review and verificati on of any records relating to
the statutory duties of CLEET;
18. Receive requested reports including investigative reports,
court documents, statements, or other applicable information fr om
local, county and state agencies and other agencies for use in
actions where a certification or license issu ed by CLEET may be
subject to disciplinary or other actions provided by law;
19. Summarily suspend a certification of a peace officer,
without prior notice but otherwise subject to administrative
proceedings, if CLEET finds that the actions of the certif ied peace
officer may present a danger to the peace officer, the public, a
family or household member, or involve a crime against a minor. A
certified copy of the information or indictment charging such a
crime shall be considered clear and convincing evi dence of the
charge; and
ENR. H. B. NO. 2869 Page 14
20. Approve law enforcement agencies and police departments in
accordance with the following:
a. this section applies on ly to an entity authorized by
statute or by the Constitution to crea te a law
enforcement agency or police de partment and
commission, appoint, or employ officers that first
creates or reactivates an inactiv e law enforcement
agency or police department and f irst begins to
commission, appoint, or employ officers on or after
November 1, 2011,
b. the entity shall submit to CLEET, a minimum of sixty
(60) days prior to creation of the law enforcement
agency or police department, information regarding:
(1) the need for the law enforcement agency or police
department in the communit y,
(2) the funding sources for the la w enforcement
agency or police department, and proof that no
more than fifty percent (50%) of the fu nding of
the entity will be derived from ticket rev enue or
fines,
(3) the physical resources available to officers,
(4) the physical facilities that the l aw enforcement
agency or police department will operate
including descriptions of the evidence room,
dispatch area, restroom facilities, and public
area,
(5) law enforcement policies of the law enforcement
agency or police department including published
policies on:
(a) use of force,
(b) vehicle pursuit,
(c) mental health,
(d) professional conduct of offic ers,
ENR. H. B. NO. 2869 Page 15
(e) domestic abuse,
(f) response to missing pe rsons,
(g) supervision of part-time officers, and
(h) impartial policing,
(6) the administrative structure of the law
enforcement agency or police department,
(7) liability insurance, and
(8) any other information CLEET requires by rule,
c. within sixty (60) days of receiving an entity ’s
request, CLEET will forward to the entity by certified
mail, return receipt requested, a letter of
authorization or denial to create a law enforcement
agency or police depa rtment and commission, appoint,
or employ officers, signed by the Executive Director
of CLEET, and
d. in cases of denial, the entity may appeal the decision
of the Executive Director to the full CLEET Council.
The Executive Director shall ensure that the final
report is provided to all members of the Council. The
Council shall review and make recommendations
concerning the report at the first meeting of the
Council to occur after all members of the Council have
received the report. The Council may, by ma jority
vote:
(1) order additional information be pr ovided,
(2) order confirmation of the opinion of the
Executive Director, or
(3) order authorization of the entity.
C. 1. Payment of any fee provided for in this section may be
made by a nationally recogn ized credit or debit card issued to the
applicant. The Council may publicly post and collect a fee for the
acceptance of the nationally recognized credit or debit card not to
exceed five percent (5%) of the amount of the payment. For purposes ENR. H. B. NO. 2869 Page 16
of this subsection, “nationally recognized credit card” means any
instrument or device, whether known as a credit card, credit pla te,
charge plate, or by any other name, issued with or without fee by an
issuer for the use of the cardholder in obtaining goods, service s,
or anything else of value and which is accepted by over one thousand
merchants in this state. “Debit card” means an identification card
or device issued to a person by a business organization which
permits such person to obtain access to or activate a consumer
banking electronic facility. The Council shall determine which
nationally recognized credit or debit cards wi ll be accepted as
payment for fees.
2. Payment for any fee provided for in this title may be made
by a business check. The Council may:
a. add an amount equal to the amount of the servic e
charge incurred, not to exceed three percent (3%) of
the amount of the check as a service charge for the
acceptance and verification of the check, or
b. add an amount of no more than Five Dollars ($5.00) as
a service charge for the acceptance and verific ation
of a check. For purposes of this subsection,
“business check” shall not mean a money order,
cashier’s check, or bank certified check.
D. Failure of the Legislature to appropriate necessary funds to
provide for expenses and operations of the Council on Law
Enforcement Education and Training shall not invalidate othe r
provisions of this section relating to the creation and duties of
the Council.
E. 1. No person shall be eligible for employment as a peace
officer or reserve peace officer until the em ploying law enforcement
agency has conducted a background investigat ion of such person
consisting of the following:
a. a fingerprint search submitted to the Oklahoma State
Bureau of Investigation with a re turn report to the
submitting agency that such pers on has no felony
record,
b. a fingerprint search submitted to the Fe deral Bureau
of Investigation with a return report to the ENR. H. B. NO. 2869 Page 17
submitting agency that such person has no felony
record,
c. such person has undergone psychological evaluation by
a psychologist licensed by the State of Oklahoma and
has been evaluated to be suitab le to serve as a peace
officer in the State of Oklahoma ,
d. the employing agency has verified that such person has
a high school diploma or a GED equivalency certificate
as recognized by state law,
e. such person is not participating in a deferred
sentence agreement for a felony, a crime involving
moral turpitude or a crime of domestic violence, and
does not have any criminal charges pendin g in any
court in this state, another state, in tri bal court or
pursuant to the United States Code,
f. such person is not currently subject to an order of
the Council revoking, suspending, or accepting a
voluntary surrender of peace officer certification,
g. such person is not currently undergoing treatment for
a mental illness, condition or disorder. For purposes
of this subsection, “currently undergoing treatment
for mental illness, condition or disorder ” means the
person has been diagnosed by a licensed physician,
psychologist, or licensed mental health professional
as being afflicted with a substantial disorder of
thought, mood, perception, psychological orientation
or memory that significantly impairs judgment,
behavior, capacity to recognize reality, or ability to
meet the ordinary demands of life and such condition
continues to exist,
h. such person is twenty -one (21) years of age.
Provided, this requirement shall not affect those
persons who are already employed as a police or peace
officer prior to November 1, 1985, and
i. such person has provided proof of United States
citizenship or resident alien status, pursuan t to an
employment eligibility verification form from the
United States Citizenship and Immigration Services. ENR. H. B. NO. 2869 Page 18
2. To aid the evaluating p sychologist in interpreting the test
results including automated scoring and interpretations, the
employing agency shal l provide the psychologist a statement
confirming the identity of the individual taking the test as the
person who is employed or seeking employment as a peace officer of
the agency and attesting that it administered the psychological
instrument in accorda nce with standards within the test document.
The psychologist shall report to the employing agency the evaluation
of the assessment inst rument and may include any additional
recommendations to assist the employing agency in determining
whether to certify to the Council on Law Enforcement Education and
Training that the person being evaluated is suitable to serve as a
peace officer in the State of Oklahoma this state. No additional
procedures or requirements shall be imposed for performance of the
psychological evaluation. The psychological instrument utilized
shall be evaluated by a psychologist licensed by the State of
Oklahoma, and the employing agency shall certify to the Council that
the evaluation was conducted in accordance with this provision and
that the employee or applicant is suitable to serve as a peace
officer in the State of Oklahoma this state.
a. Any person found not to be suitable for employment or
certification by the Council shall not be empl oyed,
retained in employment as a peace officer, or
certified by the Council for at least one (1) year, at
which time the employee or applicant may be
reevaluated by a psychologist li censed by the State of
Oklahoma. This section shall also be applicable t o
all reserve peace officers in the State of Oklahoma
this state.
b. Any person who is certified by CLEET and has undergone
the psychological evaluation required by this
subparagraph and has been found to be suitable as a
peace officer shall not be required to be ree valuated
for any subsequent employme nt as a peace officer
following retirement or any break in service as a
peace officer, unless such break in service exceeds
five (5) years or the Council determines that a peace
officer may present a danger to himself or herself,
the public, or a family or household member.
c. All persons seeking certification shall have their
name, gender, date of birth, and address of such
person submitted to the Department of Mental Health ENR. H. B. NO. 2869 Page 19
and Substance Abuse Services by the Council. The
Department of Mental Health and Substance Abuse
Services shall respond to the Council within ten (10)
days whether the computerized records of the
Department indicate the applicant has ever been
involuntarily committed to an Oklahoma state mental
institution. In the event that the Depa rtment of
Mental Health and Subst ance Abuse Services reports to
the Council that the applicant has been involuntarily
committed, the Council shall immediately inform the
employing agency.
All basic police courses shall in clude a minimum of four (4)
hours of education and training in recog nizing and managing a person
appearing to require mental health treatment or services. The
training shall include training in crime and drug prevention, crisis
intervention, youth and fam ily intervention techniques, recog nizing,
investigating and preventi ng abuse and exploitation of elderly
persons, mental health issues, and criminal jurisdiction on
Sovereign Indian Land.
Subject to the availability of funding, for full -time salaried
police or peace officers a basic polic e course academy shall consist
of a minimum of six hundred (600) hours.
For reserve deputies a basic reserve academy shall consist of a
minimum of two hundred forty (240) hours.
3. Beginning January 1, 2018, any reserve pe ace officer who has
completed the two-hundred-forty-hour reserve peace officer
certification program and who has been in active service in that
capacity for the past six (6) months shall be eligible to attend a
three-hundred-sixty-hour basic full-time training academy to become
certified as a full-time peace or police offi cer.
4. Every person who has not been certified as a police or peace
officer and is duly appointed or elected as a police or peace
officer shall hold such position on a temporary basis on ly, and
shall, within six (6) months from the date of appointment or taking
office, qualify as required in this subsection or forfeit such
position. In computing the tim e for qualification, all service
shall be cumulative from date of first appointment or taking office
as a police or peace officer with any department in t his state.
ENR. H. B. NO. 2869 Page 20
a. The Council may extend the time requirement specified
in this paragraph for good cause a s determined by the
Council.
b. A duty is hereby imposed upon the employing agency to
withhold payment of the comp ensation or wage of such
unqualified officer.
c. If the police or peace officer fails to forfeit the
position or the employing agency fails to require the
officer to forfeit the position, the district attorney
shall file the proper action to cause the for feiting
of such position. The district c ourt of the county
where the officer is employed shall have jurisdiction
to hear the case.
5. The Council may certify officers who have completed a course
of study in another state deemed by the Council to meet st andards
for Oklahoma peace officers provid ing the officer’s certification in
the other state has not been revoked or voluntarily surrendered and
is not currently under suspension.
6. For purposes of this section, a police or peac e officer is
defined as a full-time duly appointed or elected office r who is paid
for working more than twenty -five (25) hours per week and whose
duties are to preserve t he public peace, protect life and property,
prevent crime, serve warrants, transport p risoners, and enforce law s
and ordinances of this state, or any poli tical subdivision thereof;
provided, elected sheriffs and their deputies and elected,
appointed, or acting chiefs of police shall meet the requirements of
this subsection within the first six (6) months after assu ming the
duties of the office to which they are elected or appointed or for
which they are an acting chief; provided further, that this section
shall not apply to persons designated by the Director of the
Department of Corrections as peace officers pursuan t to Section 510
of Title 57 of the Oklahom a Statutes.
F. No person shall be certified as a police or peace officer by
the Council or be employe d by the state, a county, a city, or any
political subdivision thereof, who is current ly subject to an order
of the Council revoking, suspending, or accep ting a voluntary
surrender of peace officer certification or who has been convicted
of a felony, a crime involving moral turpitude, or a crime of
domestic violence, unless a full pardon ha s been granted by the
proper agency; however, any person who has bee n trained and ENR. H. B. NO. 2869 Page 21
certified by the Council on Law Enforcement Education and Training
and is actively emplo yed as a full-time peace officer as of November
1, 1985, shall not be subject to the p rovisions of this subsec tion
for convictions occurring prior to Nove mber 1, 1985.
G. 1. The Council is hereby authorized to provide to any
employing agency the followin g information regarding a person who is
or has applied for employment as a police or p eace officer of such
employing agency:
a. Oklahoma State Bureau of I nvestigation and Federal
Bureau of Investigation reports,
b. administration of the psychological tests provided for
herein,
c. performance in the course of study or other basis of
certification,
d. previous certifications issued, and
e. any administrative or judicial determination denying
certification.
2. An employing agency shall not be liable in any ac tion
arising out of the release of contents of personnel information
relevant to the qualifications or ability of a person to perform the
duties of a police or peace officer when such information is
released pursuant to written authorization for release of
information signed by such person and is provided to another
employing agency which h as employed or has received an application
for employment from such person.
3. As used in this subsection, “employing agency” means a
political subdivision or law enforc ement agency which either has
employed or received an employment application from a pe rson who, if
employed, would be subject to this section.
H. 1. A law enforcement agency employing police or peace
officers in this state shall report the hiring, resign ation, or
termination for any reason of a police or peace officer to the
Council within ten (10) days. Failure to comply with the provisions
of this subsection may disqualify a law enforcement agency from
participating in training programs sponsored by th e Council. Every
law enforcement agency employing police or peace officers in this ENR. H. B. NO. 2869 Page 22
state shall submit to CLEET on or before October 1 of each calendar
year a complete list of all commissioned employees with a current
mailing address and phone number for e ach such employee. In
addition to the above, CLEET may impose an administrative fine for
violations of this section.
2. A tribal law enforcement agency that has peace officers
commissioned by an Oklahoma law enforcement agency pursuant to a
cross-deputization agreement with the State of Oklahoma or any
political subdivision of the State of Oklahoma pursuant to the
provisions of Section 1221 of Title 74 of the Oklahoma Statutes
shall report the commissioning, resignation, or terminati on of
commission for any reason of a cross-deputized tribal police or
peace officer to CLEET within ten (10) days of the commissioning,
resignation, or termination. Failure to comply with the provisions
of this subsection may disqualify a tribal law enfor cement agency
from participating in training programs sponsored by the Council.
I. It is unlawful for any p erson to willfully make any
statement in an application to CLEET kno wing the statement is false
or intentionally commit fraud in any application to the Council for
attendance in any CLEET-conducted or CLEET-approved peace officer
academy or Collegiate Offi cer Program or for the purpose of
obtaining peace officer certificat ion or reinstatement. It is
unlawful for any person to willfully submit false o r fraudulent
documents relating to continuing education rosters, transcripts or
certificates, or any canine license application. Any person
convicted of a violation of this su bsection shall be guilty of a
felony punishable by imprisonment in the Departmen t of Corrections
for a term of not less than two (2) years nor more than five (5)
years, or by a fine not ex ceeding Two Thousand Dollars ($2,000.00),
or by both such fine and i mprisonment. In addition to the above,
CLEET may impose an administrative fine.
J. 1. A police or pea ce officer shall be subject to
disciplinary action to include a denial, suspension, revocation or
acceptance of voluntary surrender of peace officer cer tification
upon a showing of clear and convincing evidence for the following:
a. conviction of a felony or a crime of domestic
violence,
b. conviction of a misdemeanor involving moral turp itude;
provided, if the conviction is a single isolated
incident that occurred more than five (5) years ago ENR. H. B. NO. 2869 Page 23
and the Council is satisfied that the pe rson has been
sufficiently rehabilitated, the Council may, in its
discretion, certify such person providing that all
other statutory requirements have been met,
c. a verdict of guilt or entry of a plea of guilty or
nolo contendere or an “Alford” plea or any plea other
than a not guilty plea for a felony offense, a crime
of moral turpitude, or a crime of domestic violence,
d. falsification or a willful misrepresentation of
information in an employment application or
application to the Council on Law Enforcem ent
Education and Traini ng, records of evidence, or in
testimony under oath,
e. revocation or voluntary surr ender of police or peace
officer certification in another state for a violation
of any law or rule or in settlement of any
disciplinary action in su ch state,
f. involuntary commitment of a reserve or peace officer
in a mental institution or licensed privat e mental
health facility for any mental illness, condition or
disorder that is diagnosed by a licensed physician,
psychologist or a licensed mental health professional
as a substantial disorder of thought, mood,
perception, psychological orientation, or me mory that
significantly impairs judgment, behavior, capacity to
recognize reality, or ability to meet the ordinary
demands of life. Provided, the p eace officer
certification may be reinstated upon the Council
receiving notification of a psychological eval uation
conducted by a licensed physician, psychologist or
licensed mental health professional which attests and
states by affidavit that the officer and the
evaluation test data of the officer have been examined
and that, in the professional opinion of the
physician, psychologist or licensed mental health
professional, the officer is psychologically suitable
to return to duty as a peace officer. Notw ithstanding
any other provision of state law pertaining to
confidentiality of hospital or other medical reco rds,
and as allowable under federal law, CLEET may subpoena
or request a court to subpoena records necessary to ENR. H. B. NO. 2869 Page 24
assure compliance with these provisi ons. Any
confidential information received by CLEET for such
purpose shall retain its confidential characte r while
in the possession of CLEET,
g. abuse of office,
h. entry of a final order of protection against applicant
or officer, or
i. any violation of the Oklahoma Private Se curity
Licensing Act.
2. Disciplinary proceedings shall be commenced by filing a
complaint with the Council on a form approved by the Council. Any
employing agency or other person having information may submit such
information to the Council for consider ation as provided in this
subsection.
3. Upon the filing of the complaint, a prelim inary
investigation shall be conducted to determine whether:
a. there is reason to believe the person has violated any
provision of this subsection or any other provision o f
law or rule, or
b. there is reason to believe the person has been
convicted of a felony, a crime involving moral
turpitude or a domestic violence offe nse or is
currently participating in a deferred sentence for
such offenses.
4. When the investigation o f a complaint does not find the
person has violated any of the provisions of this subsection, or
finds that the person is sufficiently rehabilitated as provided in
subparagraph b or f of paragraph 1 of this subsection, no
disciplinary action shall be requi red and the person shall remain
certified as a police or peace officer. When the investigation of a
complaint finds that the person has violated any of the provisions
of this subsection, the matter shall be referred for disciplinar y
proceedings. The disc iplinary proceedings shall be in accordance
with Articles I and II of the Administ rative Procedures Act.
5. The Council shall revoke the certification of any person
upon determining that such person has been convicted of a felony o r ENR. H. B. NO. 2869 Page 25
a crime involving mora l turpitude or a domestic violence offense or
has entered a plea of guilty, or no lo contendere or an “Alford” plea
or any plea other than a not guilty p lea for a felony offense, a
crime of moral turpitude or a crime of domestic viol ence or is the
respondent in a final Victims Protective Order victim protective
order; provided, that if the conviction has been rev ersed, vacated
or otherwise invalidated by an appellate court, such conviction
shall not be the basis for revocation of cert ification; provided
further, that any person who has been trained and certified by the
Council on Law Enforcement Education and Trai ning and is actively
employed as a full-time peace officer as of Nov ember 1, 1985, shall
not be subject to the provisions of this subsection for con victions
occurring prior to November 1, 1985. The sole issue to be
determined at the hearing shall be wheth er the person has been
convicted of a felony, a crime involving mora l turpitude or a
domestic violence offense or is the nam ed respondent/defendant in a
final Victims Protective Order victim protective order.
6. The Council shall revoke the certification of any person
upon determining that such person has received a deferred sentence
for a felony, a crime involving moral turpitude or a domestic
violence offense.
7. The Council may suspend the certification of any person upon
a determination that such person has been involuntaril y committed to
a mental institution or mental health facility for a mental illness,
condition or disorder as provided in sub paragraph f of paragraph 1
of this subsection.
8. Every law enforcement agenc y in this state shall, within
thirty (30) days of a fi nal order of termination or resignation
while under investigation of a CLEET-certified peace officer, report
such order or resignation in writing to the Executive Director of
the Council. Any report, u pon receipt by the Council, shall be
considered as personnel records and shall be afforded confidential
protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the
Oklahoma Statutes. Any medical or other confidential records
obtained by subpoena pu rsuant to this subsection shall not be made a
part of such report. The Executive Director shall ensure that the
report is provided to all members of the Council. The Council sh all
review and make recommendations concerning the report at the first
meeting of the Council to occur after all members of the Coun cil
have received the report. The Council may, by a majority vote,
order the suspension, for a given period of time, or rev ocation of
the CLEET certification of the peace officer in question if there ENR. H. B. NO. 2869 Page 26
are grounds for such actions pursuant to this section a nd the peace
officer in question has been provided with notice and a n opportunity
for a hearing pursuant to the Administrati ve Procedures Act.
Suspension or revocation of CLEET certification pursuant t o this
paragraph shall be reported to the district att orney for the
jurisdiction in which the peace officer was employed, to the
liability insurance company of the law enforcemen t agency that
employed the peace officer, the chief elected official of the
governing body of the law enforcement agency and the chi ef law
enforcement officer of the law enforcement agency.
9. For all other violations of this subsection, the hearing
examiner shall take into consideration the severity of the
violation, any mitigati ng circumstances offered by the person
subject to disciplinary action, and any other evidence relevant to
the person’s character to determine the appropriate disciplinary
action.
10. a. A police or peace officer may voluntarily surrender
and relinquish the peace officer certification to
CLEET. Pursuant to suc h surrender or relinquishment,
the person surrendering the certifica tion shall be
prohibited from applying to CLEET for rein statement
within five (5) years of the date of the surrender or
relinquishment, unless otherwise provided by law for
reinstatement.
b. No person who has had a police or peace officer
certification from another state revoked or
voluntarily surrendered and h as not been reinstated by
that state shall be considered for certification by
CLEET.
c. Any person seeking reinstatement of police o r peace
officer certification which has been suspended,
revoked, or voluntarily surrendered may apply for
reinstatement pursuant to promulgated CLEET rules
governing reinstatement. Except as provid ed in this
subsection, any person whose certification has been
revoked, suspended or voluntarily surrendered for any
reason including failure to comply with mandatory
education and training requirements, shall pay a
reinstatement fee of One Hundred Fifty D ollars
($150.00) to be deposited to the credit of the Peac e ENR. H. B. NO. 2869 Page 27
Officer Revolving Fund created pursuant to Section
3311.7 of this title.
11. A duty is hereby imposed upon the district a ttorney who, on
behalf of the State of Oklahoma, prosecutes a person hold ing police
or peace officer or reserve peace officer certif ication for a
felony, a crime involving moral turpitude, or a crime of domestic
violence in which a plea of guilty, nolo con tendere, or an “Alford”
plea or any other plea other than a not guilty pl ea or other finding
of guilt is entered by, against or on b ehalf of a certified police
or peace officer to report such plea, ag reement, or other finding of
guilt to the Council on Law Enforcement Education and Training
within ten (10) days of such plea agr eement or the finding of guilt.
12. Any person or agency r equired or authorized to submit
information pursuant to this section to the Council shall be immune
from liability arising f rom the submission of the information as
long as the information was sub mitted in good faith and without
malice.
13. Any peace officer employed by a law enforcement agency in
this state which has int ernal discipline policies and procedures on
file with CLEET shall be exempt from the disciplinary proceedings
and actions provided for in this subsection; provided, however, such
exemption shall not apply if the peace officer has been convicted of
a felony crime, a crime of moral turpitude, or a crime of domest ic
violence.
14. All criminal proceedings initiated against a CLEET -
certified peace officer or reserve peace officer shall be repor ted
by the officer to CLEET immediately after arrest or discovery of the
filing of such criminal proceeding. All CLEET -certified peace
officers and reserve peace officers shall be required to r eport when
a Victim Protective Order victim protective order has been issued
against the officer including orders issued on an emergency basis
and all final orders of protection. Failure to give notice pursuant
to the provisions of this paragraph may be c ause to initiate an
action against the officer by CLEET.
15. As used in this subsecti on:
a. “law enforcement agency ” means any department or
agency of the state, a county, a municipality, or
political subdivision thereof, with the duties to
maintain public order, make arrests, and enforce the ENR. H. B. NO. 2869 Page 28
criminal laws of this state or municipal ordina nces,
which employs CLEET-certified personnel,
b. “final order of termination” means a final notice of
dismissal from employment provided after all
grievance, arbitration, and court actions have been
completed, and
c. “resignation while under investigation ” means the
resignation from employment of a peace officer who is
under investigation for any felony violation of law, a
crime of moral turpitude, a crime of domestic
violence, or the resignation from employment of a
peace officer as part of an arbitration or plea
agreement.
K. 1. Every canine team in the state traine d to detect
controlled dangerous substances shall be certified, by test, in the
detection of such co ntrolled dangerous substances and shall be
recertified annually so long as the canine is us ed for such
detection purposes. The certification test and annua l
recertification test provisions of this subsection shall not be
applicable to canines that are own ed by a law enforcement agency and
that are certified and annually recertified in the detec tion of
controlled dangerous substances by the United States Cust oms
Service. No employee of CLEET may be involved in the training or
testing of a canine team.
2. The Council shall appoint a Drug Dog Advisory Council to
make recommendations concerning mi nimum standards, educational
needs, and other matters imperative to the certification of canines
and canine teams trained to detect controlled dangerous substances.
The Council shall promulgate rules based upon the recommendations of
the Advisory Council. Members of the Advisory Council shall
include, but need not be limited to, a commissioned officer with
practical knowledge of such canines and canine teams from e ach of
the following:
a. the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control,
b. the Department of Public Safety,
c. a police department,
ENR. H. B. NO. 2869 Page 29
d. a sheriff’s office, and
e. a university or college campus police department.
3. The fee for the certification test shall be Two Hundred
Dollars ($200.00) and the annual recertification test f ee shall be
One Hundred Dollars ($100.00) per canine team. A ret est fee of
Fifty Dollars ($50.00) will be charged if the team fails the test.
No such fee shall be charged to any local, state or federal
government agency. The fees provided for in this pa ragraph shall be
deposited to the credit of the CLEET Fund create d pursuant to
Section 1313.2 of Title 20 of the Oklahoma Statutes.
L. 1. Every canine team in the state trained to detect
explosives, explosive materials, explosive devices, and materials
which could be used to construct an explosive device shall be
certified, by test, in the detection of such explosives and
materials and shall be recertified a nnually so long as the canine is
used for such detection purposes. The certification test and annu al
recertification test provisions of this subsection shall not b e
applicable to canines that are owned by a law enforcement agency if
such canines are certi fied and annually recertified in the detection
of explosives and materials by the United States Dep artment of
Defense. No employee of CLEET may be involved in the training or
testing of a canine team.
2. The Council shall appoint a Bomb Dog Advisory Cou ncil to
make recommendations concerning minimum standards, educational
needs, and other matters impe rative to the certification of canines
and canine teams trained t o detect explosives, explosive materials,
explosive devices and materials which could be us ed to construct an
explosive device. The Council shall promulgate rules based upon the
recommendations of the Advisory Council. Members of the Advisory
Council shall include, but need not be limited to, a commissioned
officer with practical knowledge of such canines and canine teams
from each of the following:
a. the Department of Public Safety,
b. a police department,
c. a sheriff’s office, and
d. a university or college campus police department.
ENR. H. B. NO. 2869 Page 30
3. The fee for the certification test shall be Two Hundred
Dollars ($200.00) and the annual recertification test fee shall be
One Hundred Dollars ($100.00) p er canine team. A retest fee of
Fifty Dollars ($50.00) will be c harged if the team fails the test.
No such fee shall be charged to any local, state o r federal
government agency. The fees provided for in this paragraph shall be
deposited to the credit of the CLEET Fund created pursuant to
Section 1313.2 of Title 20 of the Oklahoma Statutes.
M. All tribal police officers of any Indian tribe or nation who
have been commissioned by an Oklahoma law enforcement agency
pursuant to a cross-deputization agreemen t with the State of
Oklahoma or any political subdivision of the State of Oklahoma
pursuant to the provisions of Section 1221 of Title 74 of the
Oklahoma Statutes shall be eligible for peace officer certification
under the same terms and conditions require d of members of the law
enforcement agencies of the State of Oklahoma and its political
subdivisions. CLEET shall issue peace officer certification to
tribal police officers who, as of July 1, 2003, are commissioned by
an Oklahoma law enforcement agency p ursuant to a cross-deputization
agreement with the State of Oklahoma or any political subdivision of
the State of Oklahoma pursuant to the provisions of Section 1221 of
Title 74 of the Oklahoma Statutes and have met the training and
qualification requireme nts of this section.
N. If an employing law enforcement agency in t his state has
paid for CLEET training and the salary of a person while that person
is completing in this state a basic police course approved by the
Council and if within one (1) year afte r initial employment with the
original employing agency that person resigns and is hired by
another law enforcement agency in this state, the second agency or
the person receiving the training shall reimburse the original
employing agency for the cost of C LEET training and salary paid to
the person while completing the bas ic police course by the original
employing agency. If the person leaves the original employing
agency later than one (l) year, but less than two (2) years, after
the initial employment, t he second agency or the person r eceiving
the training shall reimburs e the original employing agency fifty
percent (50%) of the cost of CLEET training and salary paid to the
person while completing the basic police course by the original
employing agency. CLEET shall not be a party to an y court action
based on this provisi on.
ENR. H. B. NO. 2869 Page 31
O. The Council on Law Enforcement Education and Training, in
its discretion, may waive all or part of any moneys due to the
Council, if deemed uncollectable by the Council.
P. Peace officers, reserve peace officers , tribal peace
officers, agencies, b ail enforcers, security guards and private
investigators shall maintain with the Council current mailing
addresses and shall notify the Council, in writing, of any change of
address or name. Notification of change of na me shall require
certified copies of any marriage license or other court document
which reflects the change of name. Notice of change of address or
telephone number must be made within ten (10) days of the effected
change. Notices shall not be accepted o ver the phone. In any
proceeding in which the Council is required to serve notice or an
order on an individual or an agency, the Council may send a letter
to the mailing address on file with the Council. If the letter is
returned and a notation of the U. S. Postal Service indicates
“unclaimed”, or “moved”, or “refused” or any other nondelivery
markings and the records of the Council indicate that no change of
address as required by this subsection has been received by the
Council, the notice and any subseq uent notices or orders shall be
deemed by the Court as having been legally served for all purposes.
Q. All CLEET records of Bail Enforcers may be released only in
compliance with this section and the Oklahoma Bail Enforcement and
Licensing Act. All recor ds in CLEET possession concerning ot her
persons or entities shall be released only in compliance with this
section and the Oklahoma Open Records Act.
SECTION 4. This act shall become effective November 1, 2023.
ENR. H. B. NO. 2869 Page 32
Passed the House of Representatives the 17th day of May, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 26th 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: _________________________________