The Oklahoma Senate

Week In Review
Monday, Apr. 5 to Thursday, April 8, 2010

Monday, Apr. 5

• The Senate met Monday, approving the following bills:

-HB 2264 by Rep. Mike Christian, creates an additional $3 vehicle registration fee on motorcycles to be used for motorcycle safety and education programs.

-HB 2779 by Rep. Pat Ownbey, modifies the requirements of the Deputy Commissioner of the Banking Department and stipulates procedures of the Commissioner regarding failed banks and savings associations.

-HB 2747 by Rep. Lee Denney, requires that teacher education programs report annually to the Oklahoma Commission for Teacher Preparation regarding participation in alternative placement programs and the reception of public input.

-HB 2671 by Rep. Daniel Sullivan, amends language pertaining to the Insurance Commission to be gender neutral.

-HB 2545 by Rep. John Wright, requires the Tax Commission to prepare and maintain a list of all taxpayers who have claimed a tax credit in excess of $10,000.

-HB 3304 by Rep. Mike Thompson, extends the gross production tax from 2010 to 2013.

-HB 2921 by Rep. John Trebilcock, authorizes county agents to use “electronic commerce” for solicitation, notification and other purchasing processes.

-HB 2883 by Rep. Ken Luttrell, adds definitions of “powersports vehicle” and “powersports vehicle dealer” to legislation defining components in the OK Vehicle License and Registration Act.

-HB 2584 by Rep. Todd Thomsen, creates the OK School Testing Program Review Task Force.

-HB 3204 by Rep. Don Armes, adds the Oklahoma Wheat Commission to the list of agencies exempt to the Central Purchasing Act.

-HB 2653 by Rep. Daniel Sullivan, creates a Task Force on Municipal Funds to examine the laws governing municipal finance for all forms of municipal government.

-HB 2330 by Rep. Jason Nelson, includes officers, investigators or agents within the Office of the Inspector General of the Department of Human Services among those entitled to retain possession of their badge and firearm upon retirement by reason of length or service.

-SB 738 by Sen. Glenn Coffee, creates a task force to study the proposed consolidation of the Office of the Chief Medical Examiner.

-SB 2325 by Rep. Jerry Shoemake, increases the maximum age limit from 43 years of age to 49 years of age for commissioned officers in the Oklahoma Highway Patrol.

-HB 2658 by Rep. Daniel Sullivan, updates language, by changing “the State Insurance Fund” to “CompSource Oklahoma.”


• Senate committees met Monday but took no action on legislation.

• The House convened Monday, approving numerous appropriations bills and the following substantive measures:

-SB 1954 by Sen. Patrick Anderson, creates the Task Force on the Motor Vehicle License Plate Delivery System.

-SB 1940 by Sen. Bryce Marlatt, raises the amount of money a grade-and-drainage project must cost before engineering plans and specification must be prepared by the county engineer.

-SB 1932 by Sen. John Sparks, includes ballots for school offices in regulating the structure and appearance of candidate names.

-SB 1814 by Sen. Brian Crain, includes a definition of sex in regard to employment discrimination and states that those affected by pregnancy, childbirth or other related conditions shall be treated the same as their contemporaries for purposes of employment.

-SB 1812 by Sen. Patrick Anderson, if the police chief holds property worth over one hundred dollars that hasn’t been claimed by its owner, he is required to send notice by priority mail to the owner concerning a hearing in court about the property.

-SB 1963 by Sen. Debbe Leftwich, amends current language regarding the removal of electronic media.

-SB 1810 by Sen. Jonathan Nichols, states that law enforcement officers can seek part-time employment with other law enforcement agencies if the Commissioner of Public Safety imposes a furlough on them.

-SB 2179 by Sen. Cliff Branan, adds language to clarify placement of signage along or near roads, highways and interchanges.

-SB 1779 by Sen. Sean Burrage, allows for applicants of a drivers license to provide emergency contact information to be maintained by the Department of Public Safety.

-SB 2037 by Sen. Dan Newberry, allows an Oklahoma state flag to be sent to a surviving spouse or parent of a member of the Armed Forces killed in the line of duty and who was a resident of Oklahoma.

• House committees approved the following bills on Monday:

-SB 2093 by Sen. John Sparks, adds persons who willfully shoot from across a public road or highway at lands devoted to farming or commercial hunting to be guilty of trespass or a misdemeanor.

-SB 2104 by Sen. Roger Ballenger, extends from one to five business days, regarding the sending of a notice regarding a lien statement.

-SB 1895 by Sen. Patrick Anderson, eliminates estate tax due upon death of the owner.

-SB 2163 by Sen. Susan Paddack, creates the Health Care Indemnity Fund Act.

-SB 2063 by Sen. Patrick Anderson, allows a county clerk to collect a fee associated with the appraisal of property subject to a general execution.

-SB 2126 by Sen. Debbe Leftwich, includes a technology center school district as part of the definition for a political subdivision.

-SB 2064 by Sen. Jay Paul Gumm, extends the area of a zone of safety around schools and child care facilities.

-SB 1612 by Sen. Patrick Anderson, creates the Advisory Council for Children of Incarcerated Parents.

-SB 1606 by Sen. Harry Coates, increases the cost threshold for contracts with public agencies with which contractors must provide specific documentation from $50,000 to $100,000.

-SB 1379 by Sen. Anthony Sykes, creates a website where agencies must post a request for proposal for attorney expenses over $5,000.

Tuesday, April 6

• The Senate met Tuesday, approving the following measures:

- HB 2171 by Rep. Mark McCullough, establishes the Oklahoma Discretionary and Special Needs Trust Act.

-HB 2274 by Rep. Todd Thomsen, allows building funds of technology center school districts to be used for repairing and maintaining computer systems and equipment.

-HB 2276 by Rep. Rex Duncan, allows law enforcement officers to issue citations if a driver is observed driving in such a manner that poses an articulable danger to other persons on the roadway that is not otherwise specified in statute.

-HB 2552 by Rep. Mark McCullough, allows assistant district attorneys to carry a firearm anywhere in the state if the person has successfully met the minimum requirements for firearms training set forth by the Council on Law Enforcement Education and Training.

-HB 2596 by Rep. Richard Morrissette, creates the Empower-OK Act.

-HB 2602 by Rep. Dennis Johnson, modifies language related to the calculation of part-time reserve officers in municipalities.

-HB 2704 by Rep. Randy McDaniel, directs the Oklahoma Lottery Commission to withhold from winnings the delinquent debt owed to the Oklahoma Employment Security Commission.

-HB 2730 by Rep. Wade Rousselot, states that any law enforcement agency in this state that seizes a vehicle in which a controlled dangerous substance has been manufactured that is forfeited may request that the Oklahoma Tax Commission brand the certificate of title with the notation “drug manufacture vehicle.”

-HB 2732 by Rep. Wade Rousselot, makes it a felony to knowingly expose or communicate a sexually transmitted disease to a child under the age of 16.

-HB 2733 by Rep. Wade Rousselot, allows county courts to grant a qualified relative custody in certain cases in which a minor or minors have been abandoned.

-HB 2778 by Rep. Kris Steele, directs the Oklahoma Health Care Authority to refine its incentive reimbursement rate plan for nursing facilities to ensure transparency and integrity.

-HB 2791 by Rep. Steve Kouplen, modifies the definition of “eligible agricultural business” under the Oklahoma Linked Deposit Program.

-HB 2854 by Rep. Scott Inman, modifies language relating to substitute teachers, allowing substitute teachers to be employed for 90 days during a school year.

-HB 2861 by Rep. Phil Richardson, removes language setting a fine for any person convicted of carrying a pistol while training a bird dog without having met certain provisions.

-HB 2894 by Rep. Purcy Walker, modifies language requiring any person who commits workers’ compensation fraud, upon conviction, to pay the employer for the difference between premiums prior to the fraud and premiums after the fraud if the employer incurs additional premium costs as a result of the fraud.

-HB 2912 by Rep. Danny Morgan, makes it unlawful for any person to intentionally or maliciously injure, deface, alter, destroy or tamper with any safety equipment that is not their own and used in drilling or the production of an oil or gas well, unless consent or authorization is given by the owner or operator of the safety equipment.

-HB 2934 by Rep. Ken Luttrell, allows a court to require someone who must register under the Sex Offenders Registration Act to register any e-mail address information used for social networking or other similar internet communication.

-HB 2939 by Rep. Todd Russ, extends the circumstances under which a durable power of attorney may be used to include an extended absence.

-HB 2944 by Rep. Fred Jordan, states that a state employee who is subpoenaed as a witness to testify on any matter pertaining to their school shall not be entitled to receive the witness fee and reimbursement for mileage except as provided by the bill.

-HB 2957 by Rep. Harold Wright, makes it unlawful for a public transit driver to operate a motor vehicle on any street or highway within the state while using a cellular telephone or electronic communication device to write, send or read a text-based communication while the vehicle is in motion.

-HB 2959 by Rep. Harold Wright, allows the owner, legal possessor or authorized agent of a property owner who is unable to obtain a licensed wrecker or towing service to remove an abandoned vehicle within a reasonable amount of time to contact a service from an adjacent county.

-HB 2973 by Rep. Mike Sanders, creates the Oklahoma Wind Energy Development Act.

-HB 2991 by Rep. John Enns, allows any officer of the Department of Public Safety or other political subdivision to tow any vehicle that has been used in the commission of a felony.

-HB 2999 by Rep. Kris Steele, directs the Board of Mental Health and Substance Abuse Services and the Oklahoma Health Care Authority Board to continue purchasing treatment services provided by certified alcohol and drug counselors.

-HB 3126 by Rep. Joe Dorman, directs the Oklahoma Partnership for School Readiness Board to serve as the state’s Early Childhood Advisory Council.

-HB 3128 by Rep. Joe Dorman, allows death benefits provided under the Oklahoma Public Employees Retirement System to be assigned by a beneficiary to a funeral establishment providing services for the member.

-HB 3160 by Rep. Leslie Osborn, modifies language related to land designated for improvement of any street, alley, lane or avenue.

-HB 3169 by Rep. Jeff Hickman, states that the spouse of any employer who is exempt from the Workers’ Compensation Act is also exempt.

-HB 3171 by Rep. Jeff Hickman, requires death certificates to be filed with the Department of Health within three days of the death.

-HB 3210 by Rep. Don Armes, exempts the selling of fireworks as an unlawful act of burning trash or other material that may cause a wildland fire in any county of this state in which the board of county commissioners has passed a resolution declaring a period of extreme fire danger.

-HB 3231 by Rep. Mike Jackson, modifies language related to the Oklahoma Health Care Authority’s duty to establish a method to deter abuse and reduce errors in Medicaid billing.

-HB 3242 by Rep. David Derby, modifies language related to county sheriff contracts, directing contracts to attempt to locate and notify persons of outstanding failure-to-pay warrants and misdemeanor warrants.

-HB 3294 by Rep. Sue Tibbs, allows the Oklahoma State Bureau of Investigation to reveal otherwise confidential information to outside agencies or individuals who are providing interpreter services.

-HB 3315 by Rep. Scott Martin, modifies language relating to the Uniform Unclaimed Property Act.

-HB 3323 by Rep. Anastasia Pittman, creates Kelley’s Law.

-HB 3340 by Rep. Mike Christian, adds language to include any report containing data collected and required to be transmitted by a registrant to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Central Repository.

-HB 3394 by Rep. Dan Kirby, increases from three to four the number of two-year terms members of the Oklahoma Commission on Children and Youth may serve.

-HB 3398 by Rep. Skye McNiel, modifies language relating to the Oklahoma Meat Inspection Act.

• Senate committees approved the following measures on Tuesday:

- HB 2363 by Rep. Scott Martin, creates a statewide voluntary buyout program for retirement-eligible state workers.


• The House convened Tuesday, approving the following bills:

- SB 1589 by Sen. Mike Johnson, clarifies statutory references to definitions in the Railroad Modernization Act of 2005.

-SB 2096 by Sen. Patrick Anderson, requires the State Department of Agriculture, Food and Forestry to consider certain debts uncollectable and to provide a list of all uncollectable debts to the Legislature each year.

-SB 2235 by Sen. Brian Crain, requires a motion for an emergency custody hearing to include an independent report that demonstrates the child is in surroundings that could endanger the child in a court proceeding concerning child custody or child visitation.

-SB 2260 by Sen. Steve Russell, authorizes leave time for participation in the Civil Air Patrol disaster services and encourages private employers and school districts to participate in volunteer disaster service programs.


• House committees approved the following measures on Tuesday:

-SB 1849 by Sen. Anthony Sykes, modifies language related to the Legislature’s ability to delegate rulemaking ability to agencies.

-SB 1818 by Sen. Brian Crain, creates the Oklahoma Certified Health Communities Act.

-SB 1373 by Sen. Brian Crain, creates the Oklahoma Plan for Comprehensive Treatment of Chronic Obstructive Pulmonary Diseases Act.

-SB 1754 by Sen. Debbe Leftwich, modifies language and statutory references related to the classification of certain drugs.

-SB 1817 by Sen. Brian Crain, modifies language related to the treatment of eye diseases in newborns.

-SB 1916 by Sen. John Ford, requires the State Department of Health to establish and make available to the public on its website a registry for persons who are employed by or who contract with a home care agency to provide home care services.

-SB 1985 by Sen. Brian Crain, modifies the definition of “interpreting physician” as it relates to sleep testing, requiring that they be board certified in a specialty approved by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners.


Wednesday, April 7

• The Senate met Wednesday, approving numerous appropriations shell bills and the following measures:

-HB 2748 by Rep. Lee Denney, states that all buildings, or portions thereof, owned by an educational facility as is defined in the Smoking in Public Places and Indoor Workplaces Act shall be designated as nonsmoking.

-HB 1554 by Rep. Rex Duncan, limits sludge at a disposal site to no more than 1.5 percent of the total monthly volume of solid waste received.

-HB 2296 by Rep. John Carey, modifies experience requirements for certification of school principals and superintendents.

-HB 2302 by Rep. Gary Banz, modifies language related to the Academic Achievement Award Program.

-HB 2551 by Rep. Paul Roan, modifies language related to death benefits for emergency medical technicians.

-HB 2556 by Rep. Steve Martin, provides a definition of “place of primary use” and adds a definition for “prepaid wireless telecommunications service” under the Nine-One-One Wireless Emergency Number Act.

-HB 2746 by Rep. Lee Denney, adds unlawful delivery of a controlled dangerous substance using a motor vehicle to the list of offenses for which the Department of Public Safety may revoke driving privileges.

-HB 2865 by Rep. Samson Ray Buck, adds language requiring prosecutions for criminal violations in which a deadly weapon is used to commit or attempt to commit a felony be commenced within seven years after the commission of the crime.

-HB 3028 by Rep. Chris Benge, creates the Oklahoma Energy Security Act.

-HB 3031 by Rep. Chris Benge, modifies the maturity date of obligations issued for funding endowed chairs and positions.

-HB 3203 by Rep. Don Armes, repeals laws relating to the Livestock Dealers Act.

-HB 3240 by Rep. David Derby, creates the Aaron Gilming Act.

-HB 3313 by Rep. Scott Martin, requires contracts for construction, labor, equipment, material or repairs in excess of $50,000 to be awarded by public trusts to the lowest and best competitive bidder.

-HB 3387 by Rep. Randy Terrill, clarifies language relating to the duties of the Insurance Commissioner.

• Senate committees took no action on Wednesday.

• The House met Wednesday, approving the following measures:

-HR 1080 by Rep. Mike Brown, commends the full life and many accomplishments of the outstanding Oklahoma-born author, lecturer and former principal chief of the Cherokee Nation, the late Wilma Mankiller.

-SB 1998 by Sen. Dan Newberry, allows boards of county commissioners to construct, improve, repair or maintain any streets of a municipality subject to an agreement between the county and municipal governing bodies.

-SB 1012 by Sen. Harry Coates, creates the Private Construction Progress Payment Act.

-SB 2007 by Sen. Don Barrington, deletes time specific language related to the Department of Public Safety canceling or denying driving privileges for those under the age of 18.

-SB 2034 by Sen. Glenn Coffee, requires that all accountants or partnership of accounts that will conduct required audits of public schools meet certain requirements to the satisfaction of the state auditor and inspector.

-HB 1964 by Rep. Chris Benge, provides that the Department of Human Services will provide transitional planning services to children in its custody.


• House committees approved the following bills on Wednesday:

-SB 1251 by Sen. Jim Wilson, prohibits health benefit plans from denying coverage, refusing to issue or renew coverage, cancel or otherwise terminate, restrict or exclude any person from any health benefit plan on the basis of the applicant’s or insured’s status as a victim of domestic abuse.

-SJR 64 by Sen. Glenn Coffee, directs the Oklahoma attorney general to file a lawsuit against the U.S. Congress, the president of the United States and the Secretary of the U.S. Department of Health and Human Services to prevent the provisions of federal health care legislation from taking effect.

-SB 697 by Sen. Jay Paul Gumm, creates the Children’s Cabinet.

-SB 2008 by Sen. Glenn Coffee, permits the Senate President Pro Tempore and the House Speaker, for measures containing for proposed constitutional amendments originating in the respective chambers, to submit a proposed ballot title to the attorney general for review and establishes certain guidelines.

-SB 2022 by Sen. Debbe Leftwich, grants the court the power to allow a victim to monitor the position of the defendant in cases where a protective order is granted and the defendant is required by the court to wear a global positioning system device.

-SB 1996 by Sen. Glenn Coffee, creates a private enterprise company to assure an ongoing market for workers’ compensation.

-SB 1973 by Sen. Glenn Coffee, allows any labor organization to opt out of the provisions of the Workers’ Compensation Act.

-SJR 66 by Sen. Glenn Coffee, proposes a legislative referendum prohibiting claims for legal services to workers’ compensation benefits filed on or after Nov. 1, 2010, from exceeding 20 percent of the amount in dispute to the employee exclusive of medical and rehabilitation expenses.

-SB 1851 by Sen. Charles Laster, modifies the definition of the practice of engineering to exclude providing a material take off or advising a person on a material take off.

-SB 1964 by Sen. John Ford, clarifies language related to caterers’ licenses.

-SB 1970 by Sen. Mike Mazzei, creates the Shared Work Unemployment Compensation Program.

-SB 2070 by Sen. Harry Coates, amends the requirement that those applying to take the tests or examinations for certain professional licenses from not having been convicted of a crime that substantially relates to the profession for which the individual is seeking licensure or poses a reasonable threat to public safety.

-SB 2073 by Sen. Gary Stanislawski, authorizes any insurance provider authorized to sell life insurance products whose appointment has been terminated for certain reasons and is still the agent of record to have access to the information relating to the policy of the persons who purchased a product unless the insured signs a form denying access.

-SB 2074 by Sen. John Sparks, requires certain insurers authorized to do business in Oklahoma to have a rating of B++ or better by A.M. Best Company, Inc.

-SB 2088 by Sen. Glenn Coffee, changes the name of the Oklahoma Lottery Commission to the Oklahoma Education Lottery Commission.

-SB 2099 by Sen. Randy Brogdon, redirects the deposit of certain payments from the state treasury to the Oklahoma Uniform Building Code Commission Revolving Fund.

-SB 2111 by Sen. Sean Burrage, changes the name of the Public Company Auditing Oversight Board to the Public Accounting Oversight Board and defines “pre-issuance review.”

-SB 2180 by Sen. Dan Newberry, creates the Roofing Contractor Registration Act.

-SB 2236 by Sen. Harry Coates, creates the Construction Project Information Sharing Act.

-SB 1862 by Sen. Glenn Coffee, allows charter schools to be sponsored by federally recognized Indian tribes and the governing bodies of cities with populations of more than 300,000 when the charter school is located in a school district that has an average daily membership of 5,000 or more and which all or part of the district is located within the boundaries of the city.

-SB 2330 by Sen. John Ford, creates the Empowered Schools and School Districts Act.

-SB 1338 by Sen. Tom Ivester, allows independent school districts to offer students in grades nine and above an elective course on the Hebrew Scriptures or Old Testament, and its impact; an elective course on the New Testament and its impact; or an elective course that combines both.

-SB 1610 by Sen. Jim Halligan, requires students entering ninth grade to complete four rather than three units of mathematics.

-SB 2318 by Sen. Clark Jolley, allows students enrolled in any district, program or charter school that is not operated or authorized by their district of residence to be administered any test required by the Oklahoma School Testing Program Act and state a location limitation for the test to be administered.

-SB 1999 by Sen. Brian Crain, defines “animal husbandry” and “teeth floating” and adds animal husbandry, teeth floating and farriery to the list of acts not prohibited under the Oklahoma Veterinary Practice Act.

-SB 1908 by Sen. Anthony Sykes, defines terms and makes distracted driving unlawful.

-SB 2239 by Sen. Steve Russell, requires that the concealed handgun license issued by the Oklahoma State Bureau of Investigation to be issued in the applicant’s county of residence.

-HB 2363 by Rep. Scott Martin, allows state agency administrators to submit reports concerning all acquisitions that exceeded $50,000 but not exceeding $100,000 of the state agency for the preceding fiscal year in either written or electronic form.


Thursday, April 8

• The Senate met Thursday, approving the following bills:


-HB 2631 by Rep. Dennis Johnson, makes annual training requirements for active part-time certified reserve peace officers.

-HB 2936 by Rep. Todd Russ, modifies the rate of fees paid to financial institutions by the government for copies of financial records of customers.

-HB 3381 by Rep. Randy Terrill, makes the act of deleting, altering or defacing the required “Sex Offender” designation of a drivers’ license a felony.

-HB 3338 by Rep. Mike Christian, eliminates the cap on funds received by the State Fire Marshal Revolving Fund.

-HB 2776 by Rep. Kris Steele, lists information that is in the public’s best interest to know when the caretaker of a vulnerable adult has been charged with causing his or her death or near death, including circumstances of the investigation.

-HB 2775 by Rep. Kris Steele, authorizes the Oklahoma State Department of Health to use a vendor providing electronic benefit capability to the Department of Human Services to deliver its women, children and infants benefits electronically.

-HB 2989 by Rep. John Enns, mandates that owners of property who have an interest in certain civil litigation be notified by first-class mail at least 10 days prior to the date of the hearing.

-HB 2585 by Rep. R.C. Pruett, creates exemptions for nonresidents and residents regarding annual hunting licenses.

-HB 2530 by Rep. Colby Schwartz, states that elevators located in or adjacent to buildings owned by an Oklahoma public trust that provides apartments for persons 62 years of age or older are exempt from the Elevator Safety Act.

-HB 2345 by Rep. Phil Richardson, creates the Oklahoma Livestock Care Standards Board for the purposes of establishing standards governing the care and well-being of livestock and poultry in Oklahoma.

-HB 1574 by Rep. Ann Coody, adds drug and/or alcohol dependence to the definition of a “Mentally Incompetent Person” under the Department of Mental Health.

-HB 3251 by Rep. Sue Tibbs, requires practitioners who prescribe or dispense methadone to check the prescription profile of the patient on the central repository of the Oklahoma State Bureau of Narcotics and Dangerous Drugs.

-HB 1520 by Rep. Pam Peterson, relates to children by regulating what “court experts” must disclose before they are eligible to appear in court.

-HB 2911 by Rep. Danny Morgan, states that the creation of a new business entity for the purpose of avoiding payment of a workers’ comp judgment is prohibited.

Other News


• Former Cherokee Nation Principal Chief Wilma Mankiller died Tuesday, following a bout with pancreatic cancer. Mankiller, a Presidential Medal of Freedom recipient, was the tribe’s first female principal chief.

• Before closing Thursday at $86, the price of oil reached an 18-month high of $87 from $69 in early February. Analysts credit the increase to investor optimism that demand would increase following economic recovery.