1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|COMMITTEE SUBSTITUTE | |FOR | 4|HOUSE BILL NO. 3008 By: Kendrix | | | 5| | | | 6| | | | 7| COMMITTEE SUBSTITUTE | | | 8| An Act relating to motor vehicles; amending 47 O.S. | | 2021, Section 759, as last amended by Section 14, | 9| Chapter 330, O.S.L. 2025 (47 O.S. Supp. 2025, Section | | 759), which relates to the Board of Tests for Alcohol | 10| and Drug Influence; extending sunset date; providing | | an effective date; and declaring an emergency. | 11| | | | 12| | | | 13| | | | 14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 15| SECTION 1. AMENDATORY 47 O.S. 2021, Section 759, as last | | | 16|amended by Section 14, Chapter 330, O.S.L. 2025 (47 O.S. Supp. 2025, | | | 17|Section 759), is amended to read as follows: | | | 18| Section 759. A. There is hereby re-created, to continue until | | | 19|July 1,20262031, in accordance with the provisions of the Oklahoma | | | 20|Sunset Law, the Board of Tests for Alcohol and Drug Influence to be | | | 21|composed of the following members beginning July 1, 2015: | | | 22| 1. The Dean of the Oklahoma State University College of | | | 23|Osteopathic Medicine, or a designee; | | | 24| | | | Req. No. 16701 Page 1 ___________________________________________________________________________
1| 2. The Dean of the University of Oklahoma College of Medicine, | | | 2|or a designee; | | | 3| 3. The Commissioner of Public Safety, or a designee; | | | 4| 4. The Director of the Oklahoma State Bureau of Investigation, | | | 5|or a designee; | | | 6| 5. The State Commissioner of Health, or a designee; | | | 7| 6. The Director of the Council on Law Enforcement Education and | | | 8|Training, or a designee; | | | 9| 7. One certified peace officer who is a member of a local law | | | 10|enforcement agency selected by the Oklahoma Sheriffs and Peace | | | 11|Officers Association; and | | | 12| 8. One person selected by the Oklahoma Association of Chiefs of | | | 13|Police. | | | 14|Members shall serve without pay other than reimbursement of | | | 15|necessary and actual expenses as provided in the State Travel | | | 16|Reimbursement Act. Each member shall receive an appointment in | | | 17|writing which shall become a permanent part of the records of the | | | 18|Board. The chair and vice-chair shall be elected from the | | | 19|membership of the Board every two (2) years. The Board is | | | 20|authorized to appoint a State Director of Tests for Alcohol and Drug | | | 21|Influence and other employees, including, but not limited to, | | | 22|persons to conduct training and provide administrative assistance as | | | 23|necessary for the performance of its functions, subject to available | | | 24|funding and authorized full-time equivalent employee limitations. | | | Req. No. 16701 Page 2 ___________________________________________________________________________
1|The Board may expend appropriated funds for purposes consistent with | | | 2|Sections 751 through 761 of this title and Sections 301 through 308 | | | 3|of Title 3 of the Oklahoma Statutes. The Legislature shall | | | 4|appropriate funds to the Department of Public Safety for the support | | | 5|of the Board of Tests For Alcohol and Drug Influence and its | | | 6|employees, if any. Upon the transfer of any employees from the | | | 7|Alcohol Drug Countermeasures Unit of the Department of Public Safety | | | 8|to the Board of Tests For Alcohol and Drug Influence on July 1, | | | 9|2003, all funds of the Unit appropriated and budgeted shall be | | | 10|transferred to the Board, and may be budgeted and expended to | | | 11|support the functions and personnel of the Board. | | | 12| B. The Board is authorized to prescribe uniform standards and | | | 13|conditions for, and to approve satisfactory methods, procedures, | | | 14|techniques, devices, equipment and records for, tests and analyses | | | 15|and to prescribe and approve the requisite education and training | | | 16|for the performance of tests or analyses of breath to determine the | | | 17|breath alcohol concentration. The Board shall establish standards | | | 18|for and ascertain the qualifications and competence of individuals | | | 19|to administer tests and analyses of breath to determine the breath | | | 20|alcohol concentration, and to issue permits to individuals which | | | 21|shall be subject to suspension or revocation at the discretion of | | | 22|the Board. The Board is authorized to prescribe uniform standards, | | | 23|conditions, methods, procedures, techniques, devices, equipment and | | | 24|records for the collection, handling, retention, storage, | | | Req. No. 16701 Page 3 ___________________________________________________________________________
1|preservation and delivery of specimens of blood, breath, saliva and | | | 2|urine obtained for the purpose of determining the alcohol | | | 3|concentration thereof or the presence or concentration of any other | | | 4|intoxicating substance therein. The Board may take such other | | | 5|actions as may be reasonably necessary or appropriate to effectuate | | | 6|the purposes of Sections 751 through 761 of this title and Sections | | | 7|301 through 308 of Title 3 of the Oklahoma Statutes, and may adopt, | | | 8|amend and repeal such other rules consistent with this chapter as | | | 9|the Board shall determine proper. The Board is authorized to | | | 10|delegate authority granted in this section to the State Director of | | | 11|Tests as it deems appropriate. | | | 12| C. The Board shall promulgate rules adopting uniform standards | | | 13|and conditions and rules approving devices, equipment, methods, | | | 14|procedures, techniques, and records for screening tests administered | | | 15|for the purpose of determining the presence or concentration of | | | 16|alcohol or any other intoxicating substance in a person's blood, | | | 17|breath, saliva or urine. Such screening tests shall be performed in | | | 18|compliance with the rules adopted by the Board of Tests for Alcohol | | | 19|and Drug Influence. For purposes of this subsection, "screening | | | 20|test" means the use of devices, equipment, methods, procedures, | | | 21|techniques and records by law enforcement officers at roadside to | | | 22|assist in the development of probable cause. | | | 23| D. The Board may set rules and charge appropriate fees for | | | 24|operations incidental to its required duties and responsibilities. | | | Req. No. 16701 Page 4 ___________________________________________________________________________
1| E. There is hereby created in the State Treasury a revolving | | | 2|fund for the Board of Tests for Alcohol and Drug Influence to be | | | 3|designated the "Board of Tests for Alcohol and Drug Influence | | | 4|Revolving Fund". The fund shall be a continuing fund, not subject | | | 5|to fiscal year limitations, and shall consist of monies received | | | 6|pursuant to the provisions of subsection D of this section and any | | | 7|funds previously deposited in the Board of Tests for Alcohol and | | | 8|Drug Influence Revolving Fund. All monies accruing to the credit of | | | 9|the fund are hereby appropriated and may be budgeted and expended by | | | 10|the Board of Tests for Alcohol and Drug Influence for operating | | | 11|expenses of the Board. Expenditures from the funds shall be made | | | 12|upon warrants issued by the State Treasurer against claims filed as | | | 13|prescribed by law with the Director of the Office of Management and | | | 14|Enterprise Services for approval and payment. | | | 15| SECTION 2. This act shall become effective July 1, 2026. | | | 16| SECTION 3. It being immediately necessary for the preservation | | | 17|of the public peace, health or safety, an emergency is hereby | | | 18|declared to exist, by reason whereof this act shall take effect and | | | 19|be in full force from and after its passage and approval. | | | 20| | | | 21| 60-2-16701 AQH 02/24/26 | | | 22| | | | 23| | | | 24| | | | Req. No. 16701 Page 5