1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3998 By: Fetgatter
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to law enforcement education and
7 training; amending 70 O.S. 2021, Section 3311, as
8 amended by Section 3, Chapter 272, O.S.L. 2023 (70
8 O.S. Supp. 2023, Section 3311), which relates to the
9 Council on Law Enforcement Education and Training;
9 clarifying education and training reimbursement
10 requirements; and providing an effective date.
10
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 70 O.S. 2021, Section 3311, as
14
15 amended by Section 3, Chapter 272, O.S.L. 2023 (70 O.S. Supp. 2023,
15
16 Section 3311), is amended to read as follows:
16
17 Section 3311. A. There is hereby created a Council on Law
17
18 Enforcement Education and Training which shall be, and is hereby
18
19 declared to be, a governmental law enforcement agency of the State
19
20 of Oklahoma, body politic and corporate, with powers of government
20
21 and with the authority to exercise the rights, privileges and
21
22 functions necessary to ensure the professional training and
22
23 continuing education of law enforcement officers in this state.
23
24 These rights, privileges and functions include, but are not limited
24
Req. No. 9367 Page 1
 1 to, those specified in Sections 3311 through 3311.15 of this title
1
2 and in the Oklahoma Security Guard and Private Investigator Act and
2
3 the Bail Enforcement and Licensing Act. The Council shall be
3
4 authorized to require agency employees and the employees of agency
4
5 contractors in positions to have access to Oklahoma Peace Officer
5
6 records, Oklahoma Security Guard and Private Investigator records,
6
7 Bail Enforcement and Licensing Act records, to be subject to a
7
8 criminal history search by the Oklahoma State Bureau of
8
9 Investigation, as well as be fingerprinted for submission of the
9
10 fingerprints through the Oklahoma State Bureau of Investigation to
10
11 the Federal Bureau of Investigation for a national criminal history
11
12 check. The Council shall be the recipient of the results of the
12
13 record check. In accordance with Section 150.9 of Title 74 of the
13
14 Oklahoma Statutes, this includes a national criminal record with a
14
15 finger print analysis. The Council shall be composed of thirteen
15
16 (13) members as follows:
16
17 1. The Commissioner of the Department of Public Safety, or
17
18 designee;
18
19 2. The Director of the Oklahoma State Bureau of Narcotics and
19
20 Dangerous Drugs Control, or designee;
20
21 3. The Director of the Oklahoma State Bureau of Investigation,
21
22 or designee;
22
23
23
24
24
Req. No. 9367 Page 2
 1 4. One member appointed by the Governor who shall be a law
1
2 enforcement administrator representing a tribal law enforcement
2
3 agency;
3
4 5. One member appointed by the Governor who shall be a chief of
4
5 police of a municipality with a population over one hundred thousand
5
6 (100,000), as determined by the latest Federal Decennial Census;
6
7 6. One member appointed by the Board of Directors of the
7
8 Oklahoma Sheriffs' Association who shall be a sheriff of a county
8
9 with a population under twenty-five thousand (25,000), as determined
9
10 by the latest Federal Decennial Census;
10
11 7. One member appointed by the Oklahoma Association of Chiefs
11
12 of Police who shall be a chief of police representing a municipality
12
13 with a population over ten thousand (10,000), as determined by the
13
14 latest Federal Decennial Census;
14
15 8. One member shall be appointed by the Board of Directors of
15
16 the Oklahoma Sheriffs' Association who shall be a sheriff of a
16
17 county with a population of twenty-five thousand (25,000) or more,
17
18 as determined by the latest Federal Decennial Census;
18
19 9. One member appointed by the Board of Directors of the
19
20 Fraternal Order of Police who shall have experience as a training
20
21 officer;
21
22 10. One member appointed by the Chancellor of Higher Education
22
23 who shall be a representative of East Central University;
23
24
24
Req. No. 9367 Page 3
 1 11. One member appointed by the Board of Directors of the
1
2 Oklahoma Sheriffs and Peace Officers Association who shall be a
2
3 full-time law enforcement officer in good standing with CLEET within
3
4 a county with a population under fifty thousand (50,000);
4
5 12. The President Pro Tempore of the Oklahoma State Senate
5
6 shall appoint one member from a list of three or more nominees
6
7 submitted by a statewide organization representing cities and towns
7
8 that is exempt from taxation under federal law and designated
8
9 pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,
9
10 Section 170(a); and
10
11 13. The Speaker of the Oklahoma House of Representatives shall
11
12 appoint one member from a list of three or more nominees submitted
12
13 by an organization that assists in the establishment of
13
14 accreditation standards and training programs for law enforcement
14
15 agencies throughout this state.
15
16 The Executive Director selected by the Council shall be an ex
16
17 officio member of the Council and shall act as Secretary. The
17
18 Council on Law Enforcement Education and Training shall select a
18
19 chair and vice-chair from among its members. Members of the Council
19
20 on Law Enforcement Education and Training shall not receive a salary
20
21 for duties performed as members of the Council, but shall be
21
22 reimbursed for their actual and necessary expenses incurred in the
22
23 performance of Council duties pursuant to the provisions of the
23
24 State Travel Reimbursement Act.
24
Req. No. 9367 Page 4
 1 B. The Council on Law Enforcement Education and Training is
1
2 hereby authorized and directed to:
2
3 1. Appoint a larger Advisory Council to discuss problems and
3
4 hear recommendations concerning necessary research, minimum
4
5 standards, educational needs, and other matters imperative to
5
6 upgrading Oklahoma law enforcement to professional status;
6
7 2. Promulgate rules with respect to such matters as
7
8 certification, revocation, suspension, withdrawal and reinstatement
8
9 of certification, minimum courses of study, testing and test scores,
9
10 attendance requirements, equipment and facilities, minimum
10
11 qualifications for instructors, minimum standards for basic and
11
12 advanced in-service courses, and seminars for Oklahoma police and
12
13 peace officers;
13
14 3. Authorize research, basic and advanced courses, and seminars
14
15 to assist in program planning directly and through subcommittees;
15
16 4. Authorize additional staff and services necessary for
16
17 program expansion;
17
18 5. Recommend legislation necessary to upgrade Oklahoma law
18
19 enforcement to professional status;
19
20 6. Establish policies and regulations concerning the number,
20
21 geographic and police unit distribution, and admission requirements
21
22 of those receiving tuition or scholarship aid available through the
22
23 Council. Such waiver of costs shall be limited to duly appointed
23
24
24
Req. No. 9367 Page 5
 1 members of legally constituted local, county, and state law
1
2 enforcement agencies on the basis of educational and financial need;
2
3 7. Appoint an Executive Director to direct the staff, inform
3
4 the Council of compliance with the provisions of this section and
4
5 perform such other duties imposed on the Council by law. An
5
6 Executive Director appointed by the Council must qualify for the
6
7 position with a bachelor or higher degree in law enforcement from an
7
8 accredited college or university, or a bachelor or higher degree in
8
9 a law-enforcement-related subject area, and a minimum of five (5)
9
10 years of active law enforcement experience including, but not
10
11 limited to, responsibility for enforcement, investigation,
11
12 administration, training, or curriculum implementation.
12
13 The Executive Director of the Council on Law Enforcement
13
14 Education and Training may hire an Assistant Director to perform
14
15 such duties as directed by the Executive Director.
15
16 The Executive Director of the Council on Law Enforcement
16
17 Education and Training may commission CLEET staff as peace officers
17
18 for purposes consistent with the duties of CLEET as set out in state
18
19 law. The powers and duties conferred on the Executive Director or
19
20 any staff member appointed by the Executive Director as a peace
20
21 officer shall not limit the powers and duties of other peace
21
22 officers of this state or any political subdivision thereof. The
22
23 Executive Director or any staff member appointed by the Executive
23
24
24
Req. No. 9367 Page 6
 1 Director as a peace officer may, upon request, assist any federal,
1
2 state, county or municipal law enforcement agency;
2
3 8. Enter into contracts and agreements for the payment of
3
4 classroom space, food, and lodging expenses as may be necessary for
4
5 law enforcement officers attending any official course of
5
6 instruction approved or conducted by the Council. Such expenses may
6
7 be paid directly to the contracting agency or business
7
8 establishment. The food and lodging expenses for each law
8
9 enforcement officer shall not exceed the authorized rates as
9
10 provided for in the State Travel Reimbursement Act; provided,
10
11 however, the Council may provide food and lodging to law enforcement
11
12 officials attending any official course of instruction approved or
12
13 conducted by the Council rather than paying for the provision of
13
14 such food and lodging by an outside contracting agency or business
14
15 establishment;
15
16 9. a. Certify canine teams, consisting of a dog and a
16
17 handler working together as a team, trained to detect:
17
18 (1) controlled dangerous substances, or
18
19 (2) explosives, explosive materials, explosive
19
20 devices, or materials which could be used to
20
21 construct an explosive device;
21
22 provided, the dog of a certified canine team shall not
22
23 be certified at any time as both a drug dog and a bomb
23
24 dog, and any dog of a certified canine team who has
24
Req. No. 9367 Page 7
 1 been previously certified as either a drug dog or a
1
2 bomb dog shall not be eligible at any time to be
2
3 certified in the other category.
3
4 b. Upon retiring the dog from the service it was
4
5 certified to perform, the law enforcement department
5
6 that handled the dog shall retain possession of the
6
7 dog. The handler shall have first option of adopting
7
8 the dog. If that option is not exercised, the law
8
9 enforcement department shall provide for its adoption.
9
10 Once adopted the dog shall not be placed back into
10
11 active service;
11
12 10. Enter into a lease, loan or other agreement with the
12
13 Oklahoma Development Finance Authority or a local public trust for
13
14 the purpose of facilitating the financing of a new facility for its
14
15 operations and use and pledge, to the extent authorized by law, all
15
16 or a portion of its receipts of the assessment penalty herein
16
17 referenced for the payment of its obligations under such lease, loan
17
18 or other agreement. It is the intent of the Legislature to increase
18
19 the assessment penalty to such a level or appropriate sufficient
19
20 monies to the Council on Law Enforcement Education and Training to
20
21 make payments on the lease, loan or other agreement for the purpose
21
22 of retiring the bonds to be issued by the Oklahoma Development
22
23 Finance Authority or local public trust. Such lease, loan or other
23
24 agreement and the bonds issued to finance such facilities shall not
24
Req. No. 9367 Page 8
 1 constitute an indebtedness of this state or be backed by the full
1
2 faith and credit of this state, and the lease, loan or other
2
3 agreement and the bonds shall contain a statement to such effect;
3
4 11. Accept gifts, bequests, devises, contributions and grants,
4
5 public or private, of real or personal property;
5
6 12. Appoint an advisory committee composed of representatives
6
7 from security guard and private investigative agencies to advise the
7
8 Council concerning necessary research, minimum standards for
8
9 licensure, education, and other matters related to licensure of
9
10 security guards, security guard agencies, private investigators, and
10
11 private investigative agencies;
11
12 13. Enter into agreements with individuals, educational
12
13 institutions, agencies, and business and tribal entities for
13
14 professional services, the use of facilities and supplies, and staff
14
15 overtime costs incurred as a result of the user's requests to
15
16 schedule functions after-hours, on weekends, or anytime such
16
17 requests extend staff beyond its normal capacity, whereby
17
18 contracting individuals, educational institutions, agencies, and
18
19 business and tribal entities shall pay a fee to be determined by the
19
20 Council by rule. All fees collected pursuant to facilities usage
20
21 shall be deposited to the credit of the C.L.E.E.T. Training Center
21
22 Revolving Fund created pursuant to Section 3311.6 of this title.
22
23 All other fees collected pursuant to these agreements shall be
23
24 deposited to the credit of the Peace Officer Revolving Fund created
24
Req. No. 9367 Page 9
 1 pursuant to Section 3311.7 of this title. The Council is authorized
1
2 to promulgate emergency rules to effectuate the provisions of this
2
3 paragraph;
3
4 14. Promulgate rules to establish a state firearms
4
5 requalification standard for active peace officers and meet any
5
6 requirements imposed on the Council by the federal Law Enforcement
6
7 Officers Safety Act of 2004;
7
8 15. Set minimal criteria relating to qualifications for chief
8
9 of police administrative training pursuant to Section 34-102 of
9
10 Title 11 of the Oklahoma Statutes, assist in developing a course of
10
11 training for a Police Chief Administrative School, and approve all
11
12 police chief administrative training offered in this state;
12
13 16. Appoint a Curriculum Review Board to be composed of six (6)
13
14 members as follows:
14
15 a. one member shall be selected by the Chancellor for
15
16 Higher Education, who possesses a background of
16
17 creation and review of curriculum and experience
17
18 teaching criminal justice or law enforcement courses,
18
19 who shall serve an initial term of one (1) year,
19
20 b. one member shall represent a municipal jurisdiction
20
21 with a population of fifty thousand (50,000) or more
21
22 and who shall be a management-level CLEET-certified
22
23 training officer, who shall serve an initial term of
23
24 two (2) years,
24
Req. No. 9367 Page 10
 1 c. one member shall represent a county jurisdiction with
1
2 a population of fift