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An Act
ENROLLED SENATE
BILL NO. 1456 By: Bergstrom of the Senate
and
Kendrix of the House
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 759, as last amended by Section 1 of
Enrolled House Bill No. 3008 of the 2nd Session of
the 60th Oklahoma Legislature, which relates to the
Board of Tests for Alcohol and Drug Influence;
updating statutory language; providing an effective
date; and declaring an emergency.
SUBJECT: Board of Tests for Alcohol and Drug Influence
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 759, as last
amended by Section 1 of Enrolled House Bill No. 3008 of the 2nd
Session of the 60th Oklahoma Legislature, is amended to read as
follows:
Section 759. A. There is hereby re-created, to continue until
July 1, 2031, in accordance with the provisions of the Oklahoma
Sunset Law, the Board of Tests for Alcohol and Drug Influence to be
composed of the following members beginning July 1, 2015:
1. The Dean of the Oklahoma State University College of
Osteopathic Medicine, or a designee;
2. The Dean of the University of Oklahoma College of Medicine,
or a designee;
3. The Commissioner of Public Safety, or a designee;
ENR. S. B. NO. 1456 Page 2
4. The Director of the Oklahoma State Bureau of Investigation,
or a designee;
5. The State Commissioner of Health, or a designee;
6. The Director of the Council on Law Enforcement Education and
Training, or a designee;
7. One certified peace officer who is a member of a local law
enforcement agency selected by the Oklahoma Sheriffs and Peace
Officers Association; and
8. One person selected by the Oklahoma Association of Chiefs of
Police.
Members shall serve without pay other than reimbursement of
necessary and actual expenses as provided in the State Travel
Reimbursement Act. Each member shall receive an appointment in
writing which shall become a permanent part of the records of the
Board. The chair and vice-chair vice chair shall be elected from
the membership of the Board every two (2) years. The Board is
authorized to appoint a State Director of Tests for Alcohol and Drug
Influence and other employees, including, but not limited to,
persons to conduct training and provide administrative assistance as
necessary for the performance of its functions, subject to available
funding and authorized full-time equivalent employee limitations.
The Board may expend appropriated funds for purposes consistent with
Sections 751 through 761 of this title and Sections 301 through 308
of Title 3 of the Oklahoma Statutes. The Legislature shall
appropriate funds to the Department of Public Safety for the support
of the Board of Tests For Alcohol and Drug Influence and its
employees, if any. Upon the transfer of any employees from the
Alcohol Drug Countermeasures Unit of the Department of Public Safety
to the Board of Tests For Alcohol and Drug Influence on July 1,
2003, all funds of the Unit unit appropriated and budgeted shall be
transferred to the Board, and may be budgeted and expended to
support the functions and personnel of the Board.
B. The Board is authorized to prescribe uniform standards and
conditions for, and to approve satisfactory methods, procedures,
techniques, devices, equipment, and records for, tests and analyses
ENR. S. B. NO. 1456 Page 3
and to prescribe and approve the requisite education and training
for the performance of tests or analyses of breath to determine the
breath alcohol concentration. The Board shall establish standards
for and ascertain the qualifications and competence of individuals
to administer tests and analyses of breath to determine the breath
alcohol concentration, and to issue permits to individuals which
shall be subject to suspension or revocation at the discretion of
the Board. The Board is authorized to prescribe uniform standards,
conditions, methods, procedures, techniques, devices, equipment, and
records for the collection, handling, retention, storage,
preservation, and delivery of specimens of blood, breath, saliva,
and urine obtained for the purpose of determining the alcohol
concentration thereof or the presence or concentration of any other
intoxicating substance therein. The Board may take such other
actions as may be reasonably necessary or appropriate to effectuate
the purposes of Sections 751 through 761 of this title and Sections
301 through 308 of Title 3 of the Oklahoma Statutes, and may adopt,
amend, and repeal such other rules consistent with this chapter as
the Board shall determine proper. The Board is authorized to
delegate authority granted in this section to the State Director of
Tests as it deems appropriate.
C. The Board shall promulgate rules adopting uniform standards
and conditions and rules approving devices, equipment, methods,
procedures, techniques, and records for screening tests administered
for the purpose of determining the presence or concentration of
alcohol or any other intoxicating substance in a person’s blood,
breath, saliva, or urine. Such screening tests shall be performed
in compliance with the rules adopted by the Board of Tests for
Alcohol and Drug Influence. For purposes of this subsection,
“screening test” means the use of devices, equipment, methods,
procedures, techniques, and records by law enforcement officers at
roadside to assist in the development of probable cause.
D. The Board may set rules and charge appropriate fees for
operations incidental to its required duties and responsibilities.
E. There is hereby created in the State Treasury a revolving
fund for the Board of Tests for Alcohol and Drug Influence to be
designated the “Board of Tests for Alcohol and Drug Influence
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of monies received
ENR. S. B. NO. 1456 Page 4
pursuant to the provisions of subsection D of this section and any
funds previously deposited in the Board of Tests for Alcohol and
Drug Influence Revolving Fund. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Board of Tests for Alcohol and Drug Influence for operating
expenses of the Board. Expenditures from the funds shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
SECTION 2. This act shall become effective July 1, 2026.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 1456 Page 5
Passed the Senate the 16th day of February, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 29th day of April, 2026.
Presiding Officer of the House
of Representatives
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: _________________________________