SB 1192 — Alcohol and drug substance abuse counseling; increasing certain alcohol and drug assessment and evaluation fee. Effective date.

SENATE CHAMBERFLOOR STATEVERSION OFFebruary OKLAHOMA17, DISPOSITION2026 FLOOR3 AMENDMENTSENATE No.BILL NO.

________1192 COMMITTEEBy: AMENDMENT (Date) I move to amend Senate Bill No.

1192Mann asof follows:the Senate and George of the House 7 An Act relating to alcohol and drug substance abuse counseling;

1.amending 43A O.S.

On2021, PageSection 1,3-460, Linewhich 17relates throughto Pagealcohol 3, Line 16 by deleting all language and insertingdrug theassessment following language, and amendingevaluation theprograms; title to conform:

“SECTIONincreasing 1.certain assessment and evaluation fee;

NEWupdating LAWstatutory Areferences; new section of law to be codified in the Oklahoma Statutes as Section 466 of Title 74, unless there is created a duplication in numbering, reads as follows:

removing obsolete language;

and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.

AMENDATORY 43A O.S.

2021, Section 3-460, is amended to read as follows:

Section 3-460.

ForThe purposesDepartment of thisMental section:Health and Substance Abuse Services shall certify assessment personnel for the purpose of conducting alcohol and drug assessment and evaluation programs related to driver license revocation.

1.

“Alcohol” means any beverage containing more than one-half of one percent (0.5%) alcohol by volume, including but not limited to beer, wine, spirits, or any other alcoholic beverage as defined in Section 1-103 of Title 37A of the Oklahoma Statutes;

2.

“Intoxicated” or “intoxication” means a condition in which a person has consumed alcohol such that his or her blood alcohol concentration is eight one-hundredths of one percent (0.08%) or greater, or where observable impairment exists that impairs the person’s ability to perform official duties safely and effectively, as determined by reasonable suspicion and confirmed by Breathalyzer testing;

3.

“Official legislative duties” includes, but is not limited to, attendance at sessions of the Senate or House of Representatives, committee meetings, floor proceedings, official business conducted in the State Capitol Building, or any other state-funded travel or event related to legislative functions;

and 4.

“State Capitol Building” means the premises of the Oklahoma State Capitol, including all legislative chambers, committee rooms, offices, and any adjacent grounds under legislative control.

ItApplication shallfees be unlawful for anycertification member of theassessment Legislaturepersonnel toshall consume, possess, or be underset by the influenceDepartment ofto alcoholdefray whilethe performingcosts officialof legislativeadministering duties or within the Stateprogram Capitoland Building.shall be:

SENATE FLOOR VERSION - SB1192 SFLR Page 1 (Bold face denotes Committee Amendments) 1.

Not less than One Hundred Dollars ($100.00) and not more than Two Hundred Dollars ($200.00) upon initial application;

and 2.

Not less than Twenty-five Dollars ($25.00) and not more than One Hundred Fifty Dollars ($150.00) upon triennial renewal.

The fee for those undergoing an assessment and evaluation pursuant to this section shall be One Hundred Sixty Dollars ($160.00) Two Hundred Dollars ($200.00).

A fee of Fifteen Dollars ($15.00) shall be remitted by the individual undergoing an assessment and evaluation directly to the Department of Public Safety Service Oklahoma pursuant to Section 6-212 of Title 47 of the Oklahoma Statutes.

UponThe reasonableDepartment suspicion of aPublic violationSafety ofService subsectionOklahoma Bshall ofremit thisninety section,percent as(90%) determined by the presiding officer of the relevantfifteen-dollar chamber,fee securitycollected personnel,pursuant orto athis designatedsection legislativeto officer, the suspectedState memberTreasurer shallto be directedcredited to submitthe toCommunity- abased BreathalyzerSubstance testAbuse administeredRevolving byFund ain commissionedthe OklahomaState HighwayTreasury Patroland officershall orbe otherused qualifiedby lawthe enforcementDepartment officerof presentMental atHealth theand StateSubstance CapitolAbuse Building.Services.

RefusalTen topercent submit(10%) toof aeach Breathalyzerfifteen-dollar testfee shallcollected constituteby athe separateDepartment violationof underPublic Safety Service Oklahoma pursuant to this section and shall resultbe indeposited immediateinto removalthe fromDepartment theof chamberPublic orSafety officialRestricted proceedings,Revolving Fund Service Oklahoma Revolving Fund, as providedcreated in subsectionSection D2-145 Section 3-106 of Title 47 of the Oklahoma Statutes, to be used for administrative costs associated with the duties imposed by this section.

3.SENATE FLOOR VERSION - SB1192 SFLR Page 2 (Bold face denotes Committee Amendments) D.

The BreathalyzerBoard testof shallMental utilizeHealth equipmentand approvedSubstance pursuantAbuse Services is authorized to Sectionpromulgate 759such ofrules Titleas 47are ofnecessary to implement the Oklahomaprovisions Statutes.of Section 3-451 et seq.

Suchof testthis resultstitle. shall be documented and preserved.

D.Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension, or nonrenewal of certification.

Any member of the Legislature that violates subsection B of this section shall be subject to:

(Floor Amendments Only) Date and Time Filed:

Untimely Amendment Cycle Extended Secondary Amendment 1.

Immediate expulsion from the legislative chamber for the remainder of the day, a fine not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), and mandatory referral to the chamber’s ethics committee for a first violation;