Okla. Stat. tit. 47, § 47-759v2

and duties – Revolving fund.

A. There is hereby re-created, to continue until July 1, 2026,

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;

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

Oklahoma Statutes - Title 47. Motor Vehicles Page 971

Board. The chair and 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 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

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.
ary 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,

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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

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.