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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3460 By: Wilk
AS INTRODUCED
An Act relating to the Capitol Patrol; amending 47
O.S. 2021, Section 2-105, as amended by Section 1,
Chapter 301, O.S.L. 2022 (47 O.S. Supp. 2025, Section
2-105), which relates to the Oklahoma Highway Patrol
Division; removing the Capitol Patrol Section;
amending 73 O.S. 2021, Section 173, as amended by
Section 2, Chapter 429, O.S.L. 2024 (73 O.S. Supp.
2025, Section 173), which relates to Oklahoma Capitol
Improvement Authority grounds; establishing a Capitol
Patrol Division within the Oklahoma National Guard;
granting enforcement powers for the Oklahoma National
Guard Capitol Patrol Division; repealing 47 O.S.
2021, Section 11-1009, which relates to parking on
certain state property; repealing 47 O.S. 2021,
Section 2-105.7, which relates to the Capitol Patrol
Division; creating the Oklahoma National Guard Patrol
Division; requiring Office of Management and
Enterprise Services to provide office space;
describing duties; providing for enforcement
mechanisms; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 2-105, as
amended by Section 1, Chapter 301, O.S.L. 2022 (47 O.S. Supp. 2025,
Section 2-105), is amended to read as follows:
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Section 2-105. A. The Commissioner of Public Safety, subject
to the Oklahoma Personnel Act, shall appoint:
1. A Chief of the Oklahoma Highway Patrol Division with the
rank of Colonel, Deputy Chiefs of the Oklahoma Highway Patrol
Division with the rank of Lieutenant Colonel, and subordinate
officers and employees of the Oklahoma Highway Patrol Division,
including Majors, Captains, Lieutenants, and Highway Patrolmen with
the rank of Trooper, who shall comprise the Oklahoma Highway Patrol
Division of the Department of Public Safety; provided. Provided,
any officer appointed to a commissioned position prescribed in this
paragraph which is unclassified pursuant to Section 840-5.5 of Title
74 of the Oklahoma Statutes shall have a right of return to the
highest previously held classified commissioned position within the
Oklahoma Highway Patrol Division of the Department of Public Safety
without any loss of rights, privileges or benefits immediately upon
completion of the duties in the unclassified commissioned position;
2. A Captain, Lieutenants, and Patrolmen who shall comprise the
Marine Enforcement Section of the Oklahoma Highway Patrol Division
of the Department of Public Safety; and
3. A Captain, Lieutenants, and Patrolmen, who shall comprise
the Capitol Patrol Section of the Oklahoma Highway Patrol Division
of the Department of Public Safety; and
4. Communications Coordinators, Communications Superintendents,
Communications Supervisors, Communications Dispatchers, Radio
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Technicians and Tower Maintenance Officers who shall comprise the
Communications Division of the Department of Public Safety.
B. No person shall be appointed to any position set out in
subsection A of this section unless the person is a citizen of the
United States and of good moral character. The Commissioner shall
determine minimum qualifications for all positions set out in
subsection A of this section, provided such qualifications shall
include, but are not limited to, the following:
1. For commissioned officer positions:
a. appointees shall be selected only after examination to
determine physical and mental fitness for such
positions. The examination criteria shall be
prescribed by the Commissioner,
b. appointees shall be at least twenty-one (21) years of
age but less than forty-six (46) years of age,
c. prior to receiving a commission, all such appointees
shall satisfactorily complete a course of training in
operations and procedures as prescribed by the
Commissioner, and
d. prior to receiving a commission, all such appointees
shall possess an associate's degree or a minimum of
sixty-two (62) successfully completed semester hours
from an accredited college or university as denoted in
the Database of Accredited Postsecondary Institutions
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and Programs provided by the U.S. Department of
Education and whose hours are transferable between
such recognized institutions. Prior years of military
or law enforcement service shall qualify as a
substitute for the educational requirement, up to a
maximum of thirty (30) semester hours, for any
combination of the following:
(1) ten (10) semester hours for each year of
honorable service in any active military or
reserve military service,
(2) ten (10) semester hours for each year the
appointee worked as a paid, full-time, CLEET-
certified law enforcement officer of a law
enforcement agency within the State of Oklahoma,
or
(3) ten (10) semester hours for each year the
appointee worked as a paid, full-time sworn law
enforcement officer certified by a state peace
officer standards and training agency as a peace
officer in another state, or any officer who has
been certified as a federal peace officer by a
CLEET-recognized law enforcement agency; and
2. Any person appointed to a position in the Communications
Division shall be at least eighteen (18) years of age and shall
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possess a high school diploma or General Educational Development
equivalency certificate.
C. 1. Upon initial appointment to the position of Cadet
Highway Patrolman or Probationary Communications Dispatcher, the
appointed employee shall be required to serve an initial
probationary period of twelve (12) months. The Commissioner may
extend the probationary period for up to three (3) additional months
provided that the employee and the Office of Management and
Enterprise Services are notified in writing as to such action and
the reasons thereof. During such probationary period, the employee
may be terminated at any time and for any reason at the discretion
of the Commissioner. Retention in the service after expiration of
the initial probationary period shall entitle such employee to be
classified as a permanent employee and the employee shall be so
classified. No permanent employee may be discharged or removed
except as provided for in this section.
2. A commissioned officer of the Oklahoma Highway Patrol
Division may be promoted during the initial probationary period if
such officer satisfactorily completes all training requirements
prescribed by the Commissioner.
D. 1. No commissioned officer of the Department shall be a
candidate for any political office or take part in or contribute any
money or other thing of value, directly or indirectly, to any
political campaign or to any candidate for public office. Anyone
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convicted of violating the provisions of this paragraph shall be
guilty of a misdemeanor and shall be punished as provided by law.
2. No commissioned officer of the Department, while in the
performance of the officer's assigned duty of providing security and
protection, shall be considered as participating in a political
campaign. The provisions of this paragraph shall not be construed
to preclude a commissioned officer of the Oklahoma Highway Patrol
Division of the Department of Public Safety from being a candidate
for a position on a local board of education.
3. The Commissioner or any employee of the Department shall not
be a candidate for any political office, or in any way be active or
participate in any political contest of any Primary, General, or
Special Election, except to cast a ballot.
E. Drunkenness or being under the influence of intoxicating
substances shall be sufficient grounds for the removal of any
commissioned officer of the Department, as provided for in this
section.
F. 1. No permanent employee, as provided for in this section,
who is a commissioned officer of the Department, may be suspended
without pay or dismissed unless the employee has been notified in
writing by the Commissioner of such intended action and the reasons
thereof. No such notice shall be given by the Commissioner unless
sworn charges or statements have been obtained to justify the
action.
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2. Whenever such charges are preferred, the Commissioner may
suspend the accused pending the hearing and final determination of
such charges. If the charges are not sustained in whole or in part,
the accused shall be entitled to pay during the period of such
suspension. If the charges are sustained in whole or in part, the
accused shall not receive any pay for the period of such suspension.
3. Commissioned officers of the Department of Public Safety are
not entitled to appeal intra-agency transfer to the Oklahoma Merit
Protection Commission pursuant to the Oklahoma Personnel Act unless
the transfer is in violation of Section 840-2.5 or 840-2.9 of Title
74 of the Oklahoma Statutes.
4. The Department of Public Safety shall follow the uniform
grievance procedure established and adopted by the Office of
Management and Enterprise Services for permanent classified
employees, except for those employees who are commissioned officers
of the Department. The Department of Public Safety shall establish
and adopt a proprietary grievance procedure for commissioned
officers of the Department which is otherwise in compliance with the
provisions of Section 840-6.2 of Title 74 of the Oklahoma Statutes.
G. 1. The Commissioner is hereby authorized to purchase and
issue uniforms and necessary equipment for all commissioned officers
of the Oklahoma Highway Patrol Division of the Department. All
uniforms and equipment shall be used only in the performance of the
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official duties of such officers and shall remain the property of
the Department, except as provided in Section 2-150 of this title.
2. Each commissioned officer of the Highway Patrol Division of
the Department of Public Safety shall be entitled to reimbursement
of expenses pursuant to the State Travel Reimbursement Act while
away from the assigned area of the officer as designated by the
Chief of the Oklahoma Highway Patrol Division, when such expense is
incurred in the service of the state.
H. 1. The positions with the rank of Colonel and Lieutenant
Colonel of the Oklahoma Highway Patrol Division shall be filled from
the body of commissioned officers of the Oklahoma Highway Patrol
Division and appointment to said positions shall be based on
qualifications, previous record as a commissioned officer of the
Oklahoma Highway Patrol Division, length of service, years of
experience within the Oklahoma Highway Patrol Division or other
service as prescribed in this subsection, and efficiency of service
performed.
2. In addition to the requirements of paragraph 1 of this
subsection, the position of Chief of the Oklahoma Highway Patrol
Division shall be based on one of the following:
a. one (1) year of experience in any combination:
(1) as Commissioner of Public Safety,
(2) as Assistant Commissioner of Public Safety, or
(3) as Assistant Chief,
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b. two (2) years of experience in any combination:
(1) as Deputy Chief or higher rank, or
(2) if the experience was prior to April 21, 2006, as
Major or higher rank,
c. four (4) years of experience in any combination:
(1) as Major or higher rank, or
(2) if the experience was prior to April 21, 2006, as
Captain or higher rank, or
d. six (6) years of experience in any combination:
(1) as Captain or higher rank, or
(2) if the experience was prior to April 21, 2006, as
First Lieutenant or higher rank.
3. In addition to the requirements of paragraph 1 of this
subsection, the position of Deputy Chief of the Oklahoma Highway
Patrol Division shall be based on one of the following:
a. one (1) year of experience in any combination:
(1) as Commissioner of Public Safety,
(2) as Assistant Commissioner of Public Safety, or
(3) as Colonel,
b. two (2) years of experience in any combination:
(1) as Major or higher rank, or
(2) if the experience was prior to April 21, 2006, as
Captain or higher rank, or
c. four (4) years of experience in any combination:
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(1) as Captain or higher rank, or
(2) if the experience was prior to April 21, 2006, as
Highway Patrol First Lieutenant or higher rank.
I. The Commissioner of Public Safety is hereby authorized to
send employees of the Department of Public Safety to schools such as
Northwestern University Center for Public Safety, Southern Police
Institute, the FBI National Academy, the Institute of Police
Technology and Management, or to any other schools of similar
training which would be conducive to improving the efficiency of the
Oklahoma Highway Patrol Division and the Department of Public
Safety. While an employee is attending a school, the Commissioner
is authorized to permit the employee to use a state-owned vehicle
and to use a fuel-purchasing card for any expenses related to the
operation of the vehicle. In addition, while an employee is
attending the FBI National Academy, a one-time expense allowance of
Two Thousand Dollars ($2,000.00) for uniforms, fees, travel, room
and board, and other related expenses shall be paid to the employee
by the Department; provided, the employee shall not be further
compensated through the State Travel Reimbursement Act, and, if any
other agency reimburses the employee for any expenses, the
reimbursement shall be given to the Department. All purchases made
by the employee with the expense allowance shall be considered
property of the employee.
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J. 1. Any former commissioned officer of the Department whose
separation from the Department was at such officer's own request and
not a result of such officer's own actions contrary to the policy of
the Department or was not as a result of the retirement of that
officer from the Department may make application for reinstatement
as a commissioned officer of the division or section of the
Department in which such officer was previously employed, provided
such reinstated officer will be able to complete twenty (20) years
of credited service by the time the reinstated officer reaches
sixty-two (62) years of age. The Commissioner may waive the
requirements of possessing the number of semester hours or degree as
required in subsection B of this section for any former commissioned
officer making application for reinstatement as a commissioned
officer of the Department. The Commissioner may require the
applicant for reinstatement to attend selected courses of
instruction, as prescribed by the Commissioner.
2. In the event of future hostilities wherein the Congress of
the United States declares this nation in a state of war with a
foreign nation, including military service brought about by the
Vietnam War, any period of military service served by a commissioned
officer of the Department shall be considered as continued service
with such Department, provided such commissioned officer returns to
duty with the Department within sixty (60) days after release from
military service.
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SECTION 2. AMENDATORY 73 O.S. 2021, Section 173, as
amended by Section 2, Chapter 429, O.S.L. 2024 (73 O.S. Supp. 2025,
Section 173), is amended to read as follows:
Section 173. A. The Oklahoma Capitol Improvement Authority may
contract with the Office of Management and Enterprise Services to
maintain grounds and for housekeeping, maintenance and repair of
properties under the jurisdiction of the Authority.
B. The Oklahoma Capitol Improvement Authority and the Office of
Management and Enterprise Services shall contract with the
Department of Public Safety Oklahoma National Guard Capitol Patrol
Division for security and law enforcement services in all facilities
under the jurisdiction of the Authority or Department within the
State Capitol Park in Oklahoma City.
C. The Oklahoma Capitol Improvement Authority shall provide
office and operations space for Office of Management and Enterprise
Services functions.
D. The Office of Management and Enterprise Services shall
establish accounts for the Office of Management and Enterprise
Services, by building or other improvement, as the Director of the
Office of Management and Enterprise Services considers necessary to
properly account and identify receipts and expenditures related to
construction, repair, maintenance, insurance and other operating
expenses of buildings and improvements owned, used or occupied by or
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on behalf of the Oklahoma Capitol Improvement Authority, where the
services are carried out by contract with the Authority.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21.2 of Title 44, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created within the Oklahoma National Guard
an Oklahoma National Guard Capitol Patrol Division which shall
consist of such patrolmen and employees as may be necessary to
provide law enforcement services to all state buildings and
properties, including grounds appurtenant thereto, within Oklahoma
County and Tulsa County. All patrolmen of the Oklahoma National
Guard Capitol Patrol Division shall have the authority to enforce
all parking, traffic, and criminal laws within all state buildings
and properties, including grounds appurtenant thereto, within
Oklahoma County and Tulsa County.
B. All patrolmen of the Oklahoma National Guard Capitol Patrol
Division shall have, in addition to their primary duty as prescribed
in subsection A of this section, a secondary duty to enforce all
state statutes, to make arrests for violations, and to perform other
duties as prescribed by the Adjutant General to ensure the safety
and security for all state buildings and property.
C. The Office of Management and Enterprise Services and the
Oklahoma Capitol Improvement Authority shall provide office and
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operations space for the Oklahoma National Guard Capitol Patrol
Division.
D. The annual salaries of personnel comprising Oklahoma
National Guard Capitol Patrol Division shall be in accordance and
conformity with the findings for Department of Public Safety law
enforcement personnel of the State of Oklahoma Total Remuneration
Study of 2013.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21.3 of Title 44, unless there
is created a duplication in numbering, reads as follows:
A. No person shall place, stop, park, or stand any vehicle,
including trailers or implements of husbandry, contrary to any
official sign reserving, restricting, or regulating the placing,
stopping, standing, or parking of a vehicle at any state building or
property, including grounds appurtenant thereto, within Oklahoma
County and Tulsa County.
B. The Oklahoma National Guard Capitol Patrol Division shall be
responsible for the enforcement of subsection A of this section.
C. A violation of subsection A of this section shall be
indicated by the placing of a notice of such violation on the
windshield of the vehicle improperly placed, stopped, parked, or
standing. The notice shall be on a form prescribed by the Adjutant
General.
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D. Any person violating the provisions of subsection A of this
section shall be subject to a civil fine in the amount of Five
Dollars ($5.00) if paid within ten (10) days from the date of the
violation and Twenty Dollars ($20.00) if paid after ten (10) days
from the date of the violation. The civil fine shall be paid by
mailing or personally delivering the notice and a personal check or
money order in the amount of the civil fine to the Oklahoma National
Guard Capitol Patrol Division office.
E. Should the person elect to object to the imposition of the
civil fine and have a hearing on the violation, the person shall so
indicate on the notice and mail or present it to the Oklahoma State
Guard Capitol Patrol Division office within ten (10) days from the
date of the notice of the violation, with a bond by cash or money
order equal to the amount of the civil fine pending the outcome of
the hearing. The bond may be used to pay the civil fine in the
event the determination of the hearing examiner upholds the
imposition of the civil fine.
If no bond accompanies the request for hearing, no hearing shall
be granted. If the request for a hearing is not made within ten
(10) days from the date of the notice of the violation, the person
shall not be entitled to a hearing and shall be subject to the civil
fine prescribed in subsection D of this section.
F. The request for a hearing shall be submitted to the Oklahoma
National Guard Capitol Patrol Division within ten (10) days from the
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date of the notice of the violation, and the violation shall be set
for hearing before a hearing examiner appointed by the Adjutant
General. The person requesting the hearing shall be notified of the
time and place of the hearing by the Oklahoma National Guard Capitol
Patrol Division by mailing a copy of the notice by regular mail to
the address indicated on the request for hearing. The hearing
examiner may take evidence of the violation and shall determine if
there was a violation of the provisions of subsection A of this
section. If it is determined that there was a violation, the
hearing examiner shall enforce the civil fine indicated on the
notice.
G. Any vehicle having outstanding civil fines against it may be
immobilized by use of a tire boot or may be impounded by the
Oklahoma National Guard Capitol Patrol Division. The vehicle may
remain immobilized or be retained by the Department of Public Safety
pending the payment of all civil fines, towing and storage charges,
and until the owner furnishes to the Division proof of security or
an affidavit that the vehicle is insured by a policy of liability
insurance or will not be used on public highways or public streets,
as required pursuant to Section 7-600 et seq. of Title 47 of the
Oklahoma Statutes. The State of Oklahoma shall have a possessory
lien against any vehicle which is found to have outstanding civil
fines against it until such civil fines are paid. The lien may be
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foreclosed pursuant to the procedures provided for in Sections 91
through 96 of Title 42 of the Oklahoma Statutes.
H. All the monies generated from such civil fines shall be
remitted to the State Treasurer to be credited to the General
Revenue Fund of the State Treasury.
SECTION 5. REPEALER 47 O.S. 2021, Section 11-1009, is
hereby repealed.
SECTION 6. REPEALER 47 O.S. 2021, Section 2-105.7, is
hereby repealed.
SECTION 7. This act shall become effective November 1, 2026.
60-2-13890 TKR 01/12/26