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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1456 By: Bergstrom
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6 AS INTRODUCED
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7 An Act relating to motor vehicles; amending 47 O.S.
7 2021, Section 759, as last amended by Section 14,
8 Chapter 330, O.S.L. 2025 (47 O.S. Supp. 2025, Section
8 759), which relates to the Board of Tests for Alcohol
9 and Drug Influence; extending sunset date; updating
9 statutory language; providing an effective date; and
10 declaring an emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 47 O.S. 2021, Section 759, as last
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15 amended by Section 14, Chapter 330, O.S.L. 2025 (47 O.S. Supp. 2025,
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16 Section 759), is amended to read as follows:
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17 Section 759. A. There is hereby re-created, to continue until
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18 July 1, 2026 July 1, 2036, in accordance with the provisions of the
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19 Oklahoma Sunset Law, the Board of Tests for Alcohol and Drug
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20 Influence to be composed of the following members beginning July 1,
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21 2015:
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22 1. The Dean of the Oklahoma State University College of
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23 Osteopathic Medicine, or a designee;
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Req. No. 2796 Page 1
1 2. The Dean of the University of Oklahoma College of Medicine,
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2 or a designee;
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3 3. The Commissioner of Public Safety, or a designee;
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4 4. The Director of the Oklahoma State Bureau of Investigation,
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5 or a designee;
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6 5. The State Commissioner of Health, or a designee;
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7 6. The Director of the Council on Law Enforcement Education and
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8 Training, or a designee;
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9 7. One certified peace officer who is a member of a local law
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10 enforcement agency selected by the Oklahoma Sheriffs and Peace
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11 Officers Association; and
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12 8. One person selected by the Oklahoma Association of Chiefs of
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13 Police.
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14 Members shall serve without pay other than reimbursement of
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15 necessary and actual expenses as provided in the State Travel
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16 Reimbursement Act. Each member shall receive an appointment in
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17 writing which shall become a permanent part of the records of the
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18 Board. The chair and vice-chair vice chair shall be elected from
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19 the membership of the Board every two (2) years. The Board is
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20 authorized to appoint a State Director of Tests for Alcohol and Drug
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21 Influence and other employees, including, but not limited to,
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22 persons to conduct training and provide administrative assistance as
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23 necessary for the performance of its functions, subject to available
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24 funding and authorized full-time equivalent employee limitations.
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Req. No. 2796 Page 2
1 The Board may expend appropriated funds for purposes consistent with
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2 Sections 751 through 761 of this title and Sections 301 through 308
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3 of Title 3 of the Oklahoma Statutes. The Legislature shall
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4 appropriate funds to the Department of Public Safety for the support
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5 of the Board of Tests For Alcohol and Drug Influence and its
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6 employees, if any. Upon the transfer of any employees from the
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7 Alcohol Drug Countermeasures Unit of the Department of Public Safety
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8 to the Board of Tests For Alcohol and Drug Influence on July 1,
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9 2003, all funds of the Unit unit appropriated and budgeted shall be
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10 transferred to the Board, and may be budgeted and expended to
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11 support the functions and personnel of the Board.
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12 B. The Board is authorized to prescribe uniform standards and
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13 conditions for, and to approve satisfactory methods, procedures,
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14 techniques, devices, equipment, and records for, tests and analyses
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15 and to prescribe and approve the requisite education and training
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16 for the performance of tests or analyses of breath to determine the
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17 breath alcohol concentration. The Board shall establish standards
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18 for and ascertain the qualifications and competence of individuals
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19 to administer tests and analyses of breath to determine the breath
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20 alcohol concentration, and to issue permits to individuals which
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21 shall be subject to suspension or revocation at the discretion of
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22 the Board. The Board is authorized to prescribe uniform standards,
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23 conditions, methods, procedures, techniques, devices, equipment, and
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24 records for the collection, handling, retention, storage,
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Req. No. 2796 Page 3
1 preservation, and delivery of specimens of blood, breath, saliva,
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2 and urine obtained for the purpose of determining the alcohol
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3 concentration thereof or the presence or concentration of any other
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4 intoxicating substance therein. The Board may take such other
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5 actions as may be reasonably necessary or appropriate to effectuate
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6 the purposes of Sections 751 through 761 of this title and Sections
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7 301 through 308 of Title 3 of the Oklahoma Statutes, and may adopt,
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8 amend, and repeal such other rules consistent with this chapter as
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9 the Board shall determine proper. The Board is authorized to
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10 delegate authority granted in this section to the State Director of
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11 Tests as it deems appropriate.
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12 C. The Board shall promulgate rules adopting uniform standards
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13 and conditions and rules approving devices, equipment, methods,
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14 procedures, techniques, and records for screening tests administered
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15 for the purpose of determining the presence or concentration of
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16 alcohol or any other intoxicating substance in a person's blood,
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17 breath, saliva, or urine. Such screening tests shall be performed
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18 in compliance with the rules adopted by the Board of Tests for
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19 Alcohol and Drug Influence. For purposes of this subsection,
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20 "screening test" means the use of devices, equipment, methods,
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21 procedures, techniques, and records by law enforcement officers at
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22 roadside to assist in the development of probable cause.
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23 D. The Board may set rules and charge appropriate fees for
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24 operations incidental to its required duties and responsibilities.
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Req. No. 2796 Page 4
1 E. There is hereby created in the State Treasury a revolving
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2 fund for the Board of Tests for Alcohol and Drug Influence to be
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3 designated the "Board of Tests for Alcohol and Drug Influence
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4 Revolving Fund". The fund shall be a continuing fund, not subject
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5 to fiscal year limitations, and shall consist of monies received
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6 pursuant to the provisions of subsection D of this section and any
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7 funds previously deposited in the Board of Tests for Alcohol and
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8 Drug Influence Revolving Fund. All monies accruing to the credit of
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9 the fund are hereby appropriated and may be budgeted and expended by
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10 the Board of Tests for Alcohol and Drug Influence for operating
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11 expenses of the Board. Expenditures from the funds shall be made
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12 upon warrants issued by the State Treasurer against claims filed as
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13 prescribed by law with the Director of the Office of Management and
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14 Enterprise Services for approval and payment.
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15 SECTION 2. This act shall become effective July 1, 2026.
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16 SECTION 3. It being immediately necessary for the preservation
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17 of the public peace, health, or safety, an emergency is hereby
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18 declared to exist, by reason whereof this act shall take effect and
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19 be in full force from and after its passage and approval.
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Req. No. 2796 Page 5Every fact on this page links to its source, starting with the official bill record.