The Oklahoma Senate

Week In Review
Monday, Apr. 13 to Thursday, Apr. 16, 2009

Monday, April 13

• The Senate approved the following measures on Monday:


-HB 1604 by Rep. Daniel Sullivan, prohibits wholesalers from purchasing more than 15 percent of their annual inventory from other wholesalers.

-HB 1067 by Rep. George Faught, requires initial assessments by licensed mental health professionals of individuals being considered for emergency detention to include an appropriate screening and assessment process, as determined by the Department of Mental Health and Substance Abuse Services.

-HB 1084 by Rep. Todd Thomsen, requires peace officers attending a basic law enforcement academy conducted by the Council on Law Enforcement Education and Training to execute an agreement stating that they will remain within the law enforcement profession in Oklahoma for four years following graduation.

-HB 1480 by Rep. Eddie Fields, creates a presumption of purpose for counties instituting a lodging tax.

-HB 1491 by Rep. Harold Wright, allows employees of the Oklahoma Department of Agriculture, Food and Forestry to use state-owned vehicles to provide transportation between the employee’s residence and assigned place of employment.

-HB 1575 by Rep. Gary Banz, changes the disbursement of awards through the State Board of Education’s AAA program and makes some monetary awards uniform.

-HB 1616 by Rep. Daniel Sullivan, directs police officers to immediately transport medically unstable individuals in custody to an appropriate medical facility.

-HB 1691 by Rep. Earl Sears, modifies the coverage and requirements for a falconer’s license.

-HB 1742 by Rep. Ron Peters, provides a definition of “child care center” under the Oklahoma Child Care Facilities Licensing Act.

-HB 1800 by Rep. Marian Cooksey, increases from $25 to $75 by the maximum court costs that a municipal governing body is allowed to determine by ordinance.

-HB 1802 by Rep. Steve Martin, provides a sales tax exemption on sales of property or services to a tax-exempt organization with the primary purpose of operating one or more senior citizen centers.

-HB 1865 by Rep. Jeff Hickman, allows residents to purchase rifles, shotguns and ammunition from an out-of-state dealer.

-HB 1893 by Rep. Pam Peterson, authorizes the Department of Human Services Aging Division to work collaboratively with other national, state and local agencies and community groups to establish a single point-of-entry concept for aging and disability groups in Oklahoma, referred to as an Aging and Disability Resource Consortium initiative.

-HB 2016 by Rep. Ken Miller, requires each state agency, board, commission or other entity organized within the executive department to use the Trip Optimizer system of the Department of Central Services when computing the optimum method and cost for travel by state employees using a motor vehicle that is owned or leased by the agency or an employee.

-HB 1678 by Rep. Pat Ownbey, expands the definition of “volunteer medical professional” and “referred volunteer medical professional”.


• Senate committees took no action on Monday.

• The House on Monday approved the following bills:

-SB 225 by Sen. Mike Johnson, makes an appropriation to the Department of Transportation.

-SB 269 by Sen. Brian Crain, allows county commissioners to appoint designees to attend meetings.

-SB 539 by Sen. Jim Reynolds, modifies the information to be given by a district attorney’s office to victims and witnesses of crimes to include written notification of how to access victim rights information.

-SB 602 by Sen. Brian Bingman, prohibits the Oklahoma Real Estate Commission from issuing a license to any individual who was convicted, pled guilty or no lo contendre in Oklahoma or another state to certain felony crimes.

-SB 256 by Sen. Judy Eason McIntyre, authorizes the Oklahoma Historical Society to transfer all duties and obligations to the municipal governing body or a public trust where the 1921 Tulsa Race Riot Memorial of Reconciliation is located.

-SB 257 by Sen. Kenneth Corn, allows the board of education of a technology center school district to convey surplus personal property to a technology center school district or the Oklahoma Department of Career and Technology Education.

-SB 354 by Sen. David Myers, modifies income eligibility under the Oklahoma Higher Learning Access Program.

-SB 399 by Sen. Cliff Branan, allows the Oklahoma Department of Transportation to apply, accept and disburse monies from the federal government or any other public or private source to implement the Safe Routes to Schools program.

-SB 645 by Sen. Jay Paul Gumm, increases the basic education and continuing education time requirements for a licensed home inspector and modifies an exemption for licensed architects and engineers under the Home Inspection Licensing Act.

-SB 665 by Sen. Harry Coates, creates the Oklahoma Online Construction Registry Act.

-SB 700 by Sen. Bill Brown, modifies the definition of “owner’s policy” as it relates to vehicle insurance to include language referring to issuance of policies by an unauthorized insurer as allowed by state statute.

-SB 848 by Sen. Cliff Branan, authorizes the Oklahoma Used Motor Vehicle and Parts Commission to assess a fine not to exceed $100 against a used motor vehicle dealer who sells an extended service warranty to a purchaser but fails to provide a copy of the warranty.

-SB 920 by Sen. John Sparks, modifies the definition of “insolvent” and removes the definition of “sales representative” under the Service Warranty Insurance Act.

-SB 1013 by Sen. Dan Newberry, modifies what constitutes larceny to include a customer list, business records and information stored in any computer related format.

-SB 1062 by Sen. David Myers, creates the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act for the stated purpose of establishing reasonable standards for licensing and regulation of the business practices of mortgage brokers.

-SB 1076 by Sen. John Sparks, authorizes the disclosure of medical and social history in certain adoption cases when a minor is in legal custody of the Department of Human Services.

-SB 1132 by Sen. Patrick Anderson, creates the Uniform Limited Partnership Act of 2009.

-SB 1234 by Sen. Clark Jolley, clarifies that possession of an executed Affidavit of Exempt Status Under the Workers’ Compensation Act means that the individual or company is in compliance with the act and therefore is not responsible for workers’ compensation claims made by the executor.


• House committees took no action on Monday.


Tuesday, April 14

• The Senate approved the following bills on Tuesday:

-HB 2027 by Rep. Kris Steele, requires persons wishing to practice as a licensed behavior analyst or a licensed assistant behavior analyst to apply to the Developmental Disabilities Services Division with the Department of Human Services.

-HB 1704 by Rep. David Derby, creates the Oklahoma Information Services Act and the Oklahoma Office of Information Services Act.

-HB 2161 by Rep. Sally Kern, prohibits school districts, their employees or employee organizations from allowing a speaker, including a candidate for political office, to speak at an in-service or other similar teacher meeting or distribute material at the meeting for which attendance is mandatory for the purpose of influencing the results of an election for state or local office or a ballot measure or for the purpose of soliciting funds for or against a candidate for state or local office or ballot measure.

-HB 1326 by Rep. Mike Reynolds, prohibits the conducting of nontherapeutic research that destroys a human embryo with the knowledge that it will be subject to nontherapeutic research or the use for research purposes cells or tissues that were knowingly obtained by performing prohibited activities.

-HB 1366 by Rep. Samson Ray Buck, gives the Oklahoma Historical Society authority to mark the gravesites of deceased governors of the state with historical markers that readily identify the gravesites.

-HB 1508 by Rep. Mike Christian, modifies language related to the teacher shortage employment incentive program created by the Oklahoma State Regents for Higher Education.

-HB 1600 by Rep. Daniel Sullivan, modifies workers compensation time extension period relating to surgery recommendations for soft-tissue injuries.

-HB 1676 by Rep. Pat Ownbey, transfers the Criminal Justice Resource Center from the Legislative Service Bureau to the Oklahoma State Bureau of Investigation and the Office of the Attorney General.

-HB 2028 by Rep. Kris Steele, modifies language relating to child support payments.

-HB 1031 by Rep. Jason Murphey, allows a municipality to adopt the building standards code of the International Code Council.

-HB 1048 by Rep. Gary Banz, modifies language related to delinquent taxes, modifying the time period during which a county treasurer is to serve notice.

-HB 1052 by Rep. Earl Sears, establishes guidelines for renewing a drivers license prior to the month of expiration.

-HB 1095 by Rep. Brian Bingman, prohibits athlete agents from communicating with student athletes who are ineligible to be drafted.

-HB 1402 by Rep. Wes Hilliard, allows county election boards to deliver absentee ballots to voters in a veterans center.

-HB 1460 by Rep. Pam Peterson, allows the Oklahoma Attorney General or any District Attorney to conduct investigations into persons currently or previously engaged in or attempting to engage in the purchase, procurement or possession of child pornography.

-HB 1674 by Rep. Edward Cannaday, allows anyone arrested by law enforcement solely for a misdemeanor traffic violation to be released on personal recongnizance in certain circumstances.

-HB 1734 by Rep. Ron Peters, modifies definitions under the Oklahoma Child Care Facilities Licensing Act.

-HB 1761 by Rep. John Enns, allows for hunting with a traditional longbow with a mechanical bow draw device to hold the bow mechanically at full or partial draw for people with permanent disabilities.

-HB 1936 by Rep. Weldon Watson, allows group homes to be established as parts of a court’s juvenile bureau.

-HB 1948 by Rep. Chris Benge, provides an income tax credit for taxpayers who install geothermal heating and cooling systems on residential and nonresidential property.

-HB 1952 by Rep. Chris Benge, grants the Department of Central Services the power to construct, install, acquire, operate and provide alternative fueling infrastructure for use by state agencies.

-HB 1953 by Rep. Chris Benge, adds certain administrative facilities that provide support, repair and maintenance service activities for the wind industry to the Oklahoma Quality Jobs Program Act.

-HB 2015 by Rep. Kenneth Miller, creates the Oklahoma State Finance Act.

-HB 2029 by Rep. Kris Steele, modifies language related to the Oklahoma Juvenile Code.

-HB 2056 by Rep. Mike Thompson, creates the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act.

-HB 2062 by Rep. Mike Thompson, extends certain deadlines for gross production tax exemptions.

-HB 2108 by Rep. Charles Ortega, modifies the duties of the Oklahoma State Employees Benefits Council.

-HB 2263 by Rep. Mike Christian, creates legal statutes for individuals who cause great bodily harm in a vehicle accident while knowingly operating a vehicle without proper license.

-HB 2266 by Rep. Mike Christian, exempts the state in criminal cases where the defense has requested a disclosure of evidence from having to provide an Oklahoma State Bureau of Investigation rap sheet.

-HB 1333 by Rep. Lee Denney, requires applicants for alternative placement teaching certificates to have attained a cumulative grade point average of at least 2.5 from a higher education institution.

-SB 609 by Sen. Todd Lamb, reduces from 10 to seven the number of judges on the Workers Compensation Court.

• Senate committees took no action on Tuesday.

• The House met Tuesday, approving numerous measures including the following:

-SB 285 by Sen. Patrick Anderson, allows the Oklahoma Department of Career and Technology Education and technology center school districts to keep certain information confidential.

-SJR 12 by Sen. Randy Brogdon, proposes a constitutional amendment to limit the term of statewide elected officials to eight years.

-SB 1073 by Sen. Brian Crain, clarifies language related to judgment liens for creditors, deleting “satisfied by payment or otherwise discharged”.

-SB 551 by Sen. David Myers, allows the Department of Agriculture, Food and Forestry to qualify for exceptions to minimum annualized salaries for state employees.

-SB 54 by Sen. Kenneth Corn, exempts discharges or spills during the course of rail transportation from provisions of the Oklahoma Highway Remediation and Cleanup Services Act.

-SB 292 by Sen. Patrick Anderson, repeals language related to the schedule of benefits for Temporary Assistance for Needy Families for families with children born during the period during which the family is ineligible for TANF.

-SB 299 by Sen. Brian Bingman, transfers from the Corporation Commission to the Department of Central Services the duty of selling vehicles that have been seized for not bearing a proper license plate as required by the Oklahoma Vehicle License and Registration Act.

-SB 300 by Sen. Brian Bingman, removes language relating to duties and rules of the Corporation Commission that are to be in compliance with federal guidelines.

-SB 339 by Sen. Patrick Anderson, directs the court at an emergency custody hearing or any other dispositional hearing to determine whether reasonable efforts have been made to place siblings together in the same foster care, guardianship or adoptive placement and provide frequent visitation in the case of siblings who have been removed and not placed together.

-SB 384 by Sen. Jay Paul Gumm, allows state employees to direct voluntary payroll deductions for insurance premiums for an Oklahoma Long-Term Care Partnership Program.

-SB 478 by Sen. Clark Jolley, requires child care facilities to have an insurance policy that covers injury to a child due to negligence.

-SB 490 by Sen. Brian Crain, removes language making officers of state, county, city town or school districts jointly and severally liable in fraudulent claims brought by taxpayers.

-SB 580 by Sen. Sean Burrage, permits long-term care facility pharmacies to maintain controlled dangerous substances in an emergency electronic medication kit used at the facility.

-SB 614 by Sen. Patrick Anderson, increases from $20 to $40 the supervision fee required of offenders when they are imposed with a suspended or deferred sentence without Department of Corrections supervision.

-SB 635 by Sen. Ron Justice, directs the State Board of Agriculture to promulgate rules for the establishment of fees and inspections of licensed milk producers.

-SB 653 by Sen. Anthony Sykes, modifies the type of report and subsequent procedures required in a judicial review provided by the Department of Corrections.

-SB 655 by Sen. Mike Schulz, modifies language related to the duties of boards of directors of irrigation districts.

-SB 661 by Sen. Susan Paddack, directs the Commissioner of Health to develop National Hospital Preparedness Program grants for private, nonprofit and public entities.

-SB 783 by Sen. Anthony Sykes, requires counties sending propositions with ballot titles to the voters for approval to submit the measure to the county district attorney.

-SB 826 by Sen. Anthony Sykes, increases the penalty for assisting a minor in participating in, associating with or joining a criminal street gang.

-SB 830 by Sen. Bill Brown, excludes severance pay from base salary calculations for retirement purposes of members of the Oklahoma Police Pension and Retirement System.

-SB 854 by Sen. Mike Schulz, increases the maximum value of force account county bridge projects and county road projects to $400,000 for reimbursement under the County Road and Bridge Improvement Act.

-SB 899 by Sen. Glenn Coffee, adds crimes related to campaign contributions or campaign financing, bribery, corruption, forgery or perjury related to the duties of any elected or appointed county or state officer that require the individual to forfeit the benefits of their office upon final conviction.

-SB 901 by Sen. Bill Brown, directs the Oklahoma Employment Security Commission to determine the average weekly wage in the state every year rather than every three years to establish maximum benefits under the Workers’ Compensation Act for injuries occurring during the one-year period.

-SB 953 by Sen. David Myers, creates the Oklahoma Clean Energy Independence Commission until Dec. 1, 2010.

-SB 957 by Sen. Brian Bingman, directs the Oklahoma Water Resources Board to establish an Oklahoma Water Law Advisory Council to consist of state and federal environmental agencies and any other appropriate entities.

• House committees approved the following measures on Tuesday:

-HJR 1049 by Rep. Guy Liebmann, disapproves the Department of Labor’s permanent rule OAC 380:55-1-2 as it relates to definitions for amusement ride safety rules.



Wednesday, April 15

• The Senate approved the following bills on Wednesday:

-HB 1595 by Rep. Daniel Sullivan, prohibits a person from knowingly or recklessly performing an abortion with knowledge that the pregnant woman is seeking the abortion solely on account of the unborn child’s gender.

-HB 1756 by Rep. Scott Martin, directs school districts to permit a principal or teacher to use in a public school building, classroom or school event any grade-level appropriate excerpts of documents relating the history, heritage or founding of the United States.

-HB 1934 by Rep. Mike Jackson, repeals language related to amusement ride operator certification by the Department of Labor.

-HB 1999 by Rep. Harold Wright, grants the county election board the authority to determine if a ballot is valid and if the ballot should be counted in conducting a recount.

-HB 1780 by Rep. Tad Jones, modifies language related to the Uniform Unclaimed Property Act.

-HB 1074 by Rep. Marian Cooksey, disqualifies employees used in the operation of Department of Corrections canteen services from being state employees.

-HB 1474 by Rep. Jason Murphey, repeals language related to the annual compensation for the labor commissioner.

-HB 1597 by Rep. Daniel Sullivan, allows an attorney who was an attorney of record for a deceased party immediately preceding death to file a statement of death with the court.

-HB 1598 by Rep. Daniel Sullivan, creates the School Protection Act.

-HB 1599 by Rep. Daniel Sullivan, raises the requirement for an intermediate Class D driver’s license from 40 on-road hours to 50 hours.

-HB 1698 by Rep. Lisa J. Billy, allows correctional employees to eat for free the same meals served inmates.

-HB 1786 by Rep. T.W. Shannon, creates the Local Government Infrastructure Cost Recovery Payment Act.

-HB 2067 by Rep. Skye McNiel, creates the Oklahoma Community Economic Development Pooled Finance Act.

-HB 2071 by Rep. Skye McNiel, prohibits the sale of any livestock at a livestock auction market in any name other than that of the seller.

-HB 2093 by Rep. Dan Kirby, clarifies language related to civil liability exemptions under the Volunteer Medical Professional Services Immunity Act.


• Senate Committees took no action on Wednesday.

• The House approved the following measures on Wednesday:

-SB 834 by Sen. John Ford, creates the School District Empowerment Program to be administered by the State Department of Education.

-SB 586 by Sen. John Ford, allows federally recognized Indian tribes to sponsor charter schools when the school is located on property in Oklahoma held in trust by the Bureau of Indian Affairs.

-SB 582 by Sen. Clark Jolley, requires the State Department of Education to issue alternative placement teaching certificates to individuals who meet the requirements of the U.S. Department of Defense’s Troops to Teachers program.

-SB 275 by Sen. Kenneth Corn, directs the State Board of Career and Technology Education to divide technology center school district territories into district zones.

-SB 353 by Sen. Andrew Rice, creates the Volunteer Health Care Services Act.

-SB 397 by Sen. Brian Crain, increases from 10 to 12 percent the maximum retirement contribution rate that boards of county commissioners may authorize.

-SB 479 by Sen. Brian Crain, modifies the definition of “long-term care administrator” under the Nursing Home Care Act.

-SB 487 by Sen. Susan Paddack, includes volunteers at a federally recognized community health center under the Governmental Claims Tort Act.

-SB 610 by Sen. David Myers, creates the Geologic Storage of Carbon Dioxide Act.

-SB 702 by Sen. Susan Paddack, adds kidnapping to the list of crimes for which 85 percent of any sentence must be served.

-SB 749 by Sen. Clark Jolley, allows school district bonds to be used for perpetual or continuous district software license agreements.

-SB 828 by Sen. Bryce Marlatt, directs the Oklahoma Corporation Commission to promulgate rules promoting the fair and orderly development of wind generation electric facilities.

-SB 981 by Sen. Mike Mazzei, modifies language related to the Oklahoma Uniform Principal and Income Act.

-SB 1118 by Sen. Anthony Sykes, removes the limit place on the Oklahoma State Bureau of Narcotics and Dangerous Drug’s ability to spend forfeited funds within a fiscal year without prior legislative approval.

-SB 1137 by Sen. Glenn Coffee, creates the 12-member Oklahoma American Civil War Sesquicentennial Commission to prepare for and commemorate the sesquicentennial of Oklahoma’s participation in the Civil War.

-SB 1152 by Sen. Don Barrington, authorizes the Oklahoma State Bureau of Investigation to sell it’s laboratory property and directs the bureau to transfer any monies received from the sale of the property to the Oklahoma State Bureau of Investigation Revolving Fund.

-SB 1185 by Sen. Don Barrington, modifies the revocation period of driving privileges.


• House Committees took no action on Wednesday.

Thursday, April 16


• The Senate approved the following measures on Thursday:


-HB 2026 by Rep. Kris Steele, creates the Health Care for Oklahomans Act.

-HB 1864 by Rep. Jeff Hickman, changes the length of the school year from 180 days to 1080 hours.

-HB 2174 by Rep. Jason Nelson, states that a custodial parent must ensure that they are giving a child adequate support and education to their best of their ability.

-HJR 1029 by Rep. Seneca Scott, sends to a vote of the people a measure that would extend Ad Valorem tax credit eligibility to disabled Highway Patrol Troopers injured in the line of duty.

-HB 1424 by Rep. Eric Proctor, requires written notification within 30 days for all zoning changes involving multiple housing units.

-HB 1890 by Rep. Phil Richardson, revises fee schedules, restrictions and purchase options for obtaining a senior citizen lifetime hunting and fishing license.

-HB 1803 by Rep. Steve Martin, modifies provisions to allow wrecker support vehicles to use flashing lights.

-HB 1050 by Rep. John Carey, directs the Department of Education to encourage school districts to develop mentorship programs aimed at reducing drop-out rates.

-HB 1885 by Rep. Phil Richardson, relates to farm and ranch plans written to address local sources of non-point-source water pollution in watersheds.

-HB 1837 by Rep. Rebecca Hamilton, establishes the Inner City Schools Rescue Plan.

-HB 1741 by Rep. Ron Peters, authorizes each district court to establish a family drug court program and provides for operation of programs.

-HB 1527 by Rep. Guy Liebmann, makes it unlawful to drive a vehicle through, under, over or around traffic control devices erected by the Oklahoma Turnpike Authority.

-HB 1579 by Rep. Charles Joyner, states that it shall be unlawful for any person to use, construct, position or hold a device used to fortify any door or window which delays entry of law enforcement during the commission of a crime.

-HB 2057 by Rep. Todd Thompson, requires performing artists to truthfully advertise about their performances.

-HB 1025 by Rep. Rex Duncan, makes it unlawful for any private employer in Oklahoma to ask any applicant for employment information about whether the applicant owns or possesses a firearm.

-HB 2158 by Rep. Don Armes, clarifies language regarding hunting from aircraft with a license.

-HB 1736 by Rep. Ron Peters, defines “personal care” as meaning persons who require maximum assistance with daily living, cannot turn over or bath themselves, need lift transfers, catheters or are vulnerable to infectious diseases.

-HB 2176 by Rep. Jason Nelson, states that if any appropriated state agency fails to file a report under the Oklahoma Program Performance Budgeting and Accountability Act, the agency shall be subject to certain penalties of the agency’s fee revenues.

Other News

• Thousands of Oklahomans gathered on the south steps of the state Capitol as part of the Tax Day Tea Parties that took place across the nation on Wednesday. The events were in demonstration against high taxes and Congress’ continued excessive spending in recent months. The demonstrations are part of a larger grassroots movement to protest massive government spending known as Taxed Enough Already (TEA), which started the Tax Day Tea Parties more than 235 years after the original Boston Tea Party revolt against taxes. The rally was one of many held throughout the country.