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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 895 By: Bullard
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Highway Patrol;
7 creating the Oklahoma Highway Patrol Board;
8 establishing appointment of members; authorizing
8 certain removal; providing for certain reimbursement;
9 requiring certain election; stating quorum; requiring
9 first meeting within certain time frame; providing
10 for meetings as necessary; authorizing promulgation
10 of rules; amending 47 O.S. 2021, Section 2-105, as
11 amended by Section 1, Chapter 301, O.S.L. 2022 (47
11 O.S. Supp. 2024, Section 2-105), which relates to
12 personnel of Oklahoma Highway Patrol Division;
12 transferring certain duties from the Commissioner of
13 Public Safety; providing for codification; and
13 providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law to be codified
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18 in the Oklahoma Statutes as Section 2-118.1 of Title 47, unless
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19 there is created a duplication in numbering, reads as follows:
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20 A. There is hereby created the Oklahoma Highway Patrol Board
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21 which shall be the governing board of the Oklahoma Highway Patrol.
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22 B. The Board shall consist of nine (9) members appointed as
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23 follows:
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24 1. Two members appointed by the Governor;
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1 2. Two members appointed by the President Pro Tempore of the
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2 Senate;
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3 3. Two members appointed by the Speaker of the House of
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4 Representatives;
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5 4. One member appointed by the Oklahoma State Troopers
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6 Association;
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7 5. One member appointed by the Director of the Oklahoma State
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8 Bureau of Investigation; and
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9 6. One member appointed by the Council on Law Enforcement
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10 Education and Training.
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11 C. 1. Each member shall serve at the pleasure of his or her
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12 appointing authority and may be removed or replaced without cause.
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13 2. Members of the Board shall be reimbursed for travel
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14 expenses, as provided in accordance with the State Travel
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15 Reimbursement Act.
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16 3. The Board shall annually elect from its members a chair,
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17 vice chair, and a secretary.
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18 4. A quorum shall consist of five (5) members and must be
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19 established to carry out official business.
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20 5. The Board shall carry out its first meeting within ninety
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21 (90) days after the effective date of this act. The Board shall
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22 continue to meet as often as necessary to perform necessary duties.
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23 D. The Board shall promulgate rules as necessary to effectuate
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24 the provisions of this section.
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1 SECTION 2. AMENDATORY 47 O.S. 2021, Section 2-105, as
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2 amended by Section 1, Chapter 301, O.S.L. 2022 (47 O.S. Supp. 2024,
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3 Section 2-105), is amended to read as follows:
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4 Section 2-105. A. The Commissioner of Public Safety Oklahoma
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5 Highway Patrol Board, subject to the Oklahoma Personnel Act, shall
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6 appoint:
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7 1. A Chief of the Oklahoma Highway Patrol Division with the
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8 rank of Colonel, Deputy Chiefs of the Oklahoma Highway Patrol
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9 Division with the rank of Lieutenant Colonel, and subordinate
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10 officers and employees of the Oklahoma Highway Patrol Division,
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11 including Majors, Captains, Lieutenants, and Highway Patrolmen with
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12 the rank of Trooper, who shall comprise the Oklahoma Highway Patrol
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13 Division of the Department of Public Safety; provided, any officer
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14 appointed to a commissioned position prescribed in this paragraph
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15 which is unclassified pursuant to Section 840-5.5 of Title 74 of the
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16 Oklahoma Statutes shall have a right of return to the highest
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17 previously held classified commissioned position within the Oklahoma
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18 Highway Patrol Division of the Department of Public Safety without
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19 any loss of rights, privileges or benefits immediately upon
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20 completion of the duties in the unclassified commissioned position;
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21 2. A Captain, Lieutenants, and Patrolmen who shall comprise the
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22 Marine Enforcement Section of the Oklahoma Highway Patrol Division
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23 of the Department of Public Safety;
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1 3. A Captain, Lieutenants, and Patrolmen, who shall comprise
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2 the Capitol Patrol Section of the Oklahoma Highway Patrol Division
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3 of the Department of Public Safety; and
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4 4. Communications Coordinators, Communications Superintendents,
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5 Communications Supervisors, Communications Dispatchers, Radio
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6 Technicians and Tower Maintenance Officers who shall comprise the
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7 Communications Division of the Department of Public Safety.
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8 B. No person shall be appointed to any position set out in
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9 subsection A of this section unless the person is a citizen of the
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10 United States and of good moral character. The Commissioner shall
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11 determine minimum qualifications for all positions set out in
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12 subsection A of this section, provided such qualifications shall
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13 include, but are not limited to, the following:
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14 1. For commissioned officer positions:
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15 a. appointees shall be selected only after examination to
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16 determine physical and mental fitness for such
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17 positions. The examination criteria shall be
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18 prescribed by the Commissioner,
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19 b. appointees shall be at least twenty-one (21) years of
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20 age but less than forty-six (46) years of age,
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21 c. prior to receiving a commission, all such appointees
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22 shall satisfactorily complete a course of training in
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23 operations and procedures as prescribed by the
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24 Commissioner, and
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1 d. prior to receiving a commission, all such appointees
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2 shall possess an associate's degree or a minimum of
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3 sixty-two (62) successfully completed semester hours
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4 from an accredited college or university as denoted in
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5 the Database of Accredited Postsecondary Institutions
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6 and Programs provided by the U.S. Department of
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7 Education and whose hours are transferable between
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8 such recognized institutions. Prior years of military
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9 or law enforcement service shall qualify as a
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10 substitute for the educational requirement, up to a
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11 maximum of thirty (30) semester hours, for any
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12 combination of the following:
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13 (1) ten (10) semester hours for each year of
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14 honorable service in any active military or
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15 reserve military service,
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16 (2) ten (10) semester hours for each year the
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17 appointee worked as a paid, full-time, CLEET-
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18 certified law enforcement officer of a law
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19 enforcement agency within the State of Oklahoma,
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20 or
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21 (3) ten (10) semester hours for each year the
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22 appointee worked as a paid, full-time sworn law
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23 enforcement officer certified by a state peace
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24 officer standards and training agency as a peace
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1 officer in another state, or any officer who has
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2 been certified as a federal peace officer by a
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3 CLEET-recognized law enforcement agency; and
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4 2. Any person appointed to a position in the Communications
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5 Division shall be at least eighteen (18) years of age and shall
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6 possess a high school diploma or General Educational Development
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7 equivalency certificate.
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8 C. 1. Upon initial appointment to the position of Cadet
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9 Highway Patrolman or Probationary Communications Dispatcher, the
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10 appointed employee shall be required to serve an initial
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11 probationary period of twelve (12) months. The Commissioner may
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12 extend the probationary period for up to three (3) additional months
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13 provided that the employee and the Office of Management and
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14 Enterprise Services are notified in writing as to such action and
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15 the reasons thereof. During such probationary period, the employee
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16 may be terminated at any time and for any reason at the discretion
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17 of the Commissioner. Retention in the service after expiration of
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18 the initial probationary period shall entitle such employee to be
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19 classified as a permanent employee and the employee shall be so
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20 classified. No permanent employee may be discharged or removed
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21 except as provided for in this section.
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22 2. A commissioned officer of the Oklahoma Highway Patrol
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23 Division may be promoted during the initial probationary period if
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1 such officer satisfactorily completes all training requirements
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2 prescribed by the Commissioner.
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3 D. 1. No commissioned officer of the Department shall be a
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4 candidate for any political office or take part in or contribute any
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5 money or other thing of value, directly or indirectly, to any
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6 political campaign or to any candidate for public office. Anyone
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7 convicted of violating the provisions of this paragraph shall be
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8 guilty of a misdemeanor and shall be punished as provided by law.
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9 2. No commissioned officer of the Department, while in the
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10 performance of the officer's assigned duty of providing security and
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11 protection, shall be considered as participating in a political
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12 campaign. The provisions of this paragraph shall not be construed
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13 to preclude a commissioned officer of the Oklahoma Highway Patrol
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14 Division of the Department of Public Safety from being a candidate
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15 for a position on a local board of education.
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16 3. The Commissioner or any employee of the Department shall not
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17 be a candidate for any political office, or in any way be active or
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18 participate in any political contest of any Primary, General, or
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19 Special Election, except to cast a ballot.
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20 E. Drunkenness or being under the influence of intoxicating
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21 substances shall be sufficient grounds for the removal of any
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22 commissioned officer of the Department, as provided for in this
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23 section.
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1 F. 1. No permanent employee, as provided for in this section,
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2 who is a commissioned officer of the Department, may be suspended
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3 without pay or dismissed unless the employee has been notified in
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4 writing by the Commissioner of such intended action and the reasons
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5 thereof. No such notice shall be given by the Commissioner unless
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6 sworn charges or statements have been obtained to justify the
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7 action.
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8 2. Whenever such charges are preferred, the Commissioner may
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9 suspend the accused pending the hearing and final determination of
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10 such charges. If the charges are not sustained in whole or in part,
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11 the accused shall be entitled to pay during the period of such
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12 suspension. If the charges are sustained in whole or in part, the
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13 accused shall not receive any pay for the period of such suspension.
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14 3. Commissioned officers of the Department of Public Safety are
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15 not entitled to appeal intra-agency transfer to the Oklahoma Merit
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16 Protection Commission pursuant to the Oklahoma Personnel Act unless
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17 the transfer is in violation of Section 840-2.5 or 840-2.9 of Title
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18 74 of the Oklahoma Statutes.
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19 4. The Department of Public Safety shall follow the uniform
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20 grievance procedure established and adopted by the Office of
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21 Management and Enterprise Services for permanent classified
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22 employees, except for those employees who are commissioned officers
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23 of the Department. The Department of Public Safety shall establish
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24 and adopt a proprietary grievance procedure for commissioned
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1 officers of the Department which is otherwise in compliance with the
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2 provisions of Section 840-6.2 of Title 74 of the Oklahoma Statutes.
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3 G. 1. The Commissioner is hereby authorized to purchase and
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4 issue uniforms and necessary equipment for all commissioned officers
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5 of the Oklahoma Highway Patrol Division of the Department. All
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6 uniforms and equipment shall be used only in the performance of the
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7 official duties of such officers and shall remain the property of
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8 the Department, except as provided in Section 2-150 of this title.
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9 2. Each commissioned officer of the Highway Patrol Division of
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10 the Department of Public Safety shall be entitled to reimbursement
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11 of expenses pursuant to the State Travel Reimbursement Act while
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12 away from the assigned area of the officer as designated by the
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13 Chief of the Oklahoma Highway Patrol Division, when such expense is
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14 incurred in the service of the state.
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15 H. 1. The positions with the rank of Colonel and Lieutenant
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16 Colonel of the Oklahoma Highway Patrol Division shall be filled from
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17 the body of commissioned officers of the Oklahoma Highway Patrol
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18 Division and appointment to said positions shall be based on
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19 qualifications, previous record as a commissioned officer of the
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20 Oklahoma Highway Patrol Division, length of service, years of
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21 experience within the Oklahoma Highway Patrol Division or other
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22 service as prescribed in this subsection, and efficiency of service
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23 performed.
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1 2. In addition to the requirements of paragraph 1 of this
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2 subsection, the position of Chief of the Oklahoma Highway Patrol
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3 Division shall be based on one of the following:
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4 a. one (1) year of experience in any combination:
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5 (1) as Commissioner of Public Safety,
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6 (2) as Assistant Commissioner of Public Safety, or
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7 (3) as Assistant Chief,
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8 b. two (2) years of experience in any combination:
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9 (1) as Deputy Chief or higher rank, or
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10 (2) if the experience was prior to April 21, 2006, as
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11 Major or higher rank,
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12 c. four (4) years of experience in any combination:
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13 (1) as Major or higher rank, or
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14 (2) if the experience was prior to April 21, 2006, as
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15 Captain or higher rank, or
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16 d. six (6) years of experience in any combination:
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17 (1) as Captain or higher rank, or
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18 (2) if the experience was prior to April 21, 2006, as
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19 First Lieutenant or higher rank.
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20 3. In addition to the requirements of paragraph 1 of this
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21 subsection, the position of Deputy Chief of the Oklahoma Highway
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22 Patrol Division shall be based on one of the following:
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23 a. one (1) year of experience in any combination:
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24 (1) as Commissioner of Public Safety,
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1 (2) as Assistant Commissioner of Public Safety, or
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2 (3) as Colonel,
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3 b. two (2) years of experience in any combination:
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4 (1) as Major or higher rank, or
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5 (2) if the experience was prior to April 21, 2006, as
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6 Captain or higher rank, or
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7 c. four (4) years of experience in any combination:
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8 (1) as Captain or higher rank, or
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9 (2) if the experience was prior to April 21, 2006, as
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10 Highway Patrol First Lieutenant or higher rank.
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11 I. The Commissioner of Public Safety is hereby authorized to
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12 send employees of the Department of Public Safety to schools such as
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13 Northwestern University Center for Public Safety, Southern Police
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14 Institute, the FBI National Academy, the Institute of Police
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15 Technology and Management, or to any other schools of similar
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16 training which would be conducive to improving the efficiency of the
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17 Oklahoma Highway Patrol Division and the Department of Public
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18 Safety. While an employee is attending a school, the Commissioner
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19 is authorized to permit the employee to use a state-owned vehicle
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20 and to use a fuel-purchasing card for any expenses related to the
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21 operation of the vehicle. In addition, while an employee is
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22 attending the FBI National Academy, a one-time expense allowance of
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23 Two Thousand Dollars ($2,000.00) for uniforms, fees, travel, room
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24 and board, and other related expenses shall be paid to the employee
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1 by the Department; provided, the employee shall not be further
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2 compensated through the State Travel Reimbursement Act, and, if any
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3 other agency reimburses the employee for any expenses, the
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4 reimbursement shall be given to the Department. All purchases made
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5 by the employee with the expense allowance shall be considered
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6 property of the employee.
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7 J. 1. Any former commissioned officer of the Department whose
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8 separation from the Department was at such officer's own request and
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9 not a result of such officer's own actions contrary to the policy of
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10 the Department or was not as a result of the retirement of that
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11 officer from the Department may make application for reinstatement
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12 as a commissioned officer of the division or section of the
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13 Department in which such officer was previously employed, provided
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14 such reinstated officer will be able to complete twenty (20) years
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15 of credited service by the time the reinstated officer reaches
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16 sixty-two (62) years of age. The Commissioner may waive the
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17 requirements of possessing the number of semester hours or degree as
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18 required in subsection B of this section for any former commissioned
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19 officer making application for reinstatement as a commissioned
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20 officer of the Department. The Commissioner may require the
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21 applicant for reinstatement to attend selected courses of
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22 instruction, as prescribed by the Commissioner.
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23 2. In the event of future hostilities wherein the Congress of
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24 the United States declares this nation in a state of war with a
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1 foreign nation, including military service brought about by the
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2 Vietnam War, any period of military service served by a commissioned
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3 officer of the Department shall be considered as continued service
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4 with such Department, provided such commissioned officer returns to
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5 duty with the Department within sixty (60) days after release from
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6 military service.
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7 SECTION 3. This act shall become effective November 1, 2025.
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9 60-1-576 CN 1/19/2025 5:45:28 AM
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Req. No. 576 Page 13Every fact on this page links to its source, starting with the official bill record.