ENGROSSED SENATE
BILL NO. 512	By:	Jolley of the Senate

			and

		Murphey of the House

[ law enforcement - consolidating ABLE Commission and OBNDD - codification - noncodification - conditional effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 504.1 of Title 37, unless there is created a duplication in numbering, reads as follows:
A.  The Alcoholic Beverage Laws Enforcement Commission and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control are hereby consolidated into the Oklahoma Commission on Alcohol and Drug Enforcement, which shall consist of two bureaus, the Bureau of Alcohol and Prescription Compliance and Licensure and the Bureau of Narcotics and Trafficking Enforcement.  All references in the Oklahoma Statutes or in Article XXVIII of the Oklahoma Constitution to the Bureau of Alcohol and Prescription Compliance and Licensure within the Alcoholic Beverage Laws Enforcement Commission shall be deemed to be a reference to the Bureau of Alcohol and Prescription Compliance and Licensure within the Oklahoma Commission on Alcohol and Drug Enforcement unless otherwise required by the context of the reference.
B.  All assets, funds, liabilities, allotments, purchase orders, outstanding financial obligations, encumbrances, records, aircraft, vehicles, equipment, and other property of the Alcoholic Beverage Laws Enforcement Commission and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control are hereby transferred to the Oklahoma Commission on Alcohol and Drug Enforcement.
C.  Personnel employed by the Alcoholic Beverage Laws Enforcement Commission and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control on July 1, 2015, shall be transferred to the Oklahoma Commission on Alcohol and Drug Enforcement or to the Oklahoma Tax Commission pursuant to a transition plan implemented by the Oklahoma Commission on Alcohol and Drug Enforcement as required by Section 2 of this act.
D.  The classified and unclassified employees who are transferred pursuant to this section shall be subject to the following provisions:
1.  Classified employees shall remain subject to the provisions of the Merit System of Personnel Administration, as provided in the Oklahoma Personnel Act;
2.  Unclassified employees transferred to the Oklahoma Commission on Alcohol and Drug Enforcement shall remain in the unclassified service and shall serve at the pleasure of the Director of the Oklahoma Commission on Alcohol and Drug Enforcement;
3.  All employees who are transferred pursuant to this act shall retain leave, sick and annual time earned and any retirement and longevity benefits which have accrued during their employment with the state.  The salaries of employees who are transferred shall not be reduced as a direct and immediate result of the transfer;
4.  If the Oklahoma Commission on Alcohol and Drug Enforcement should implement a reduction in force, all employees transferred pursuant to this act shall be credited for the time they were employed by the Alcoholic Beverage Laws Enforcement Commission and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control; and
5.  The transfer of personnel shall be coordinated with the Office of Management and Enterprise Services.
SECTION 2.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  The Director of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control and the Director of the Alcoholic Beverage Laws Enforcement Commission shall serve as transition coordinators and shall establish a transition team to coordinate the orderly transfer of duties, personnel, property, funds, and encumbrances from and consolidation of the Alcoholic Beverage Laws Enforcement Commission and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control to the Oklahoma Commission on Alcohol and Drug Enforcement.  Each Director may assign personnel to the transition team from their respective agency as deemed necessary.
B.  The transition team shall:
1.  In conjunction with the Office of Management and Enterprise Services, oversee and administer the orderly transfer of responsibilities, liabilities, property, records, personnel and any outstanding financial obligations or encumbrances to the Oklahoma Commission on Alcohol and Drug Enforcement from the Alcoholic Beverage Laws Enforcement Commission and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control;
2.  Review functions currently assigned to or managed by the Alcoholic Beverage Laws Enforcement Commission, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control and the Oklahoma Tax Commission;
3.  Devise a proposal for an organizational framework within the Oklahoma Commission on Alcohol and Drug Enforcement which shall include a proposal for reduction of full-time-equivalent employees by five percent (5%);
4.  Establish a plan for the transfer of employees from the Alcoholic Beverage Laws Enforcement Commission and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control to the Oklahoma Commission on Alcohol and Drug Enforcement and to the Oklahoma Tax Commission.  The plan shall include a list of positions to be transferred.  The plan also shall include a reduction-in-force plan and a severance benefits plan that conform with the requirements of the State Government Reduction-in-Force and Severance Benefits Act; and
5.  Take such other action as may be reasonably necessary and appropriate to effectuate the orderly transition of functions as provided by this act.
SECTION 3.     AMENDATORY     63 O.S. 2011, Section 2-102, is amended to read as follows:
Section 2-102.  There is hereby established the The Oklahoma State Bureau of Narcotics and Dangerous Drugs Control is hereby consolidated with the Alcoholic Beverage Laws Enforcement Commission.  The consolidated agency is hereby named the Oklahoma Commission on Alcohol and Drug Enforcement.  The Oklahoma Commission on Alcohol and Drug Enforcement shall consist of two bureaus, the Bureau on Alcohol and Prescription Compliance and Licensure and the Bureau of Narcotics and Trafficking Enforcement. All references in the Oklahoma Statutes to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall be deemed to refer to the Bureau of Narcotics and Trafficking within the Oklahoma Commission on Alcohol and Drug Enforcement unless otherwise required by the context of the reference.
SECTION 4.     AMENDATORY     63 O.S. 2011, Section 2-104.1, is amended to read as follows:
Section 2-104.1.  A.  There is hereby created an The Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Commission which shall consist of seven (7) members, not is hereby renamed and shall serve as the successor board to the consolidated Oklahoma Commission on Alcohol and Drug Enforcement as provided by Article XXVIII of the Oklahoma Constitution.  The seven (7) members of the Commission as provided by Article XXVIII shall not include more than two of whom shall be persons from the same congressional district.  However, when congressional districts are redrawn, each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts.  No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district.  The members shall be appointed by the Governor and confirmed by the Senate and shall be removable only for cause, as provided by law for the removal of officers not subject to impeachment.  The term of office of each member shall be seven (7) years.  The first appointments shall be for the following terms as designated by the Governor:  one member for a term of one (1) year; one member for a term of two (2) years; one member for a term of three (3) years; one member for a term of four (4) years; one member for a term of five (5) years; one member for a term of six (6) years; and one member for a term of seven (7) years.  A member may serve more than one term on the Commission.  Each member shall continue to serve so long as the member is qualified until a successor has been appointed and confirmed by the Senate.  Vacancies occurring during a term shall be filled for the unexpired portion of the term by the same procedure used to make the regular appointments.
B.  Four Three of the members shall represent the lay citizenry, one member shall be a district attorney while serving in that capacity, one member shall be a sheriff while serving in that capacity, and one member shall be a chief of police while serving in that capacity, and one member shall be a licensed health care professional with expert knowledge on drug-endangered children while serving in that capacity; provided that the sheriff and police chief members shall have successfully completed an approved course of instruction for peace officers as required by law.
C.  Annually the Commission shall select one of the Commission members to serve as chair and one member to serve as vice-chair.  The Commission shall meet at least quarterly.  The chair shall preside at all meetings of the Commission and shall have the power to call meetings of the Commission.  In addition, meetings of the Commission may be called by a majority of the members.  The vice-chair shall perform these functions in the absence or incapacity of the chair.  A quorum of four members of the Commission shall be necessary to conduct any official business.  All actions taken by the Commission shall be by a simple majority vote of a quorum.  In the event of a tie vote, the measure being voted upon shall be deemed to have failed.
The Commission shall adopt rules of procedure for the orderly performance of its functions.
D.  Members of the Commission shall serve without salary but may be reimbursed for travel expenses in attending meetings and performing their duties in the manner provided for other state officers and employees under the State Travel Reimbursement Act.  No other provisions of law shall be construed as prohibiting public officers from also serving as members of the Commission, nor shall any other provisions of law be construed as prohibiting public officers or public employees from performing services for the Commission without compensation.  It is further provided that no town, city, county, or other subdivision or other agency of state government shall be prohibited from receiving a grant or from benefiting from grants or expenditures of the Commission for the reason that an officer or employee of such town, city, county, or other subdivision or agency of state government is a Commission member or employee.
E.  The Commission shall have the following powers and duties and responsibilities:
1.  To appoint the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Oklahoma Commission on Alcohol and Drug Enforcement, whose compensation shall be determined by the Legislature.;
2.  To hear any complaint against the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Oklahoma Commission on Alcohol and Drug Enforcement or any of its employees according to the following procedure:
a.	Only only those complaints which have been submitted in writing and are signed will be acted upon by the Commission.,
b.	All all hearings on complaints shall be conducted in executive sessions, and shall not be open to the public., and
c.	The the Commission shall have limited access to pertinent investigative files when investigating a complaint.  The Director shall provide a procedure whereby the identification of all persons named in any investigative file except the subject of the complaint and the complaining witness shall not be revealed to the members of the Commission.  Any consideration of files shall be in executive session not open to the public.  No information or evidence received in connection with the hearings shall be revealed to any person or agency.  Any violation hereof shall be grounds for removal from the Commission, and shall constitute a misdemeanor.;
3.  To make recommendations to the Director of any needed disciplinary action necessary as a result of an investigation conducted upon a complaint received.;
4.  To establish general procedures with regard to assisting law enforcement officers and district attorneys.; and
5.  To establish a program of training for agents utilizing such courses as the National Police Academy conducted by the Federal Bureau of Investigation.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-104.2 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  The Oklahoma Commission on Alcohol and Drug Enforcement Bureau of Alcohol and Prescription Compliance and Licensure shall assume all existing duties of the Oklahoma Alcoholic Beverage Laws Enforcement Commission on the effective date of this act. Additionally, the Bureau of Alcohol and Prescription Compliance and Licensure shall assume the duties of the Prescription Monitoring Program as performed by the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.
B.  The Bureau of Narcotics and Trafficking Enforcement shall assume all existing duties of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control on the effective date of this act unless otherwise provided in this section of law.
C.  The Oklahoma Tax Commission shall assume the duties of administration and enforcement of the Oklahoma Charity Games Act, in addition to its duties of collection and distribution of taxes on alcoholic beverages and low-point beer and enforcement of laws relating thereto.
SECTION 6.  This act shall become effective on July 1 of the year following certification of election returns favoring passage of the Constitutional Amendment proposed in Senate Joint Resolution No. 17 of the 1st Session of the 54th Oklahoma Legislature.
Passed the Senate the 13th day of March, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives