The Oklahoma Senate

Week In Review
Monday, Apr. 12 to Thursday, April 15, 2010

Monday, Apr. 12

• The Senate met Monday, approving the following bills:

-HB 2572 by Rep. Paul Wesselhoft, modifies language regarding demonstrations at a funeral service.

-HB 2168 by Rep. Mark McCullough, provides that any plea of guilty or finding of guilt for certain assault violations shall constitute a conviction for a period of 10 years following the completion of any court imposed probationary term.

-HB 2648 by Rep. Jason Nelson, modifies language related to jurisdiction over proceedings to terminate parental rights and for adoption of a minor.

-HB 2729 by Rep. Wade Rousselot, states that use of chemical agents and electroshock weapons in secure facilities operated by or through contract with the Office of Juvenile Affairs shall be minimal and shall be prohibited except as specifically provided for in the rules of the Office of Juvenile Affairs.

-HB 2772 by Rep. Weldon Watson, creates the Oklahoma Appraisal Management Company Regulation Act.

-HB 2305 by Rep. Dennis Bailey, prohibits the Oklahoma Real Estate Code from applying to any person or entity managing a transient lodging facility.

-HB 2320 by Rep. Steve Martin, modifies the definition of “lock” and “locksmith industry” under the Alarm and Locksmith Industry Act.

-HB 2826 by Rep. Ron Peters, directs the presiding judge or chief judge of district courts to adopt forms for use by pro se persons seeking the dissolution of a marriage or determination of paternity, custody or visitation.

-HB 2827 by Rep. Ron Peters, allows a victim of domestic violence, stalking or harassment to request a petition for an emergency temporary order of protection when a court is not open for business.

-HB 2844 by Rep. Charles Joyner, removes language related to who may be licensed pursuant to the Oklahoma Highway Remediation and Cleanup Services Act.

-HB 2846 by Rep. Charles Joyner, allows agencies of cities, towns and counties to jointly create a transportation authority.

-HB 2886 by Rep. Lewis Moore, allows the Risk Management Division of the Department of Central Services to assist any state agency in obtaining quotes for workers’ compensation insurance at the request of any state agency.

-HB 2888 by Rep. Lewis Moore, creates the Legislative Oversight Committee on State Employee Benefits to provide oversight of the State and Education Employees Group Insurance Board and the State Employees Benefits Council.

-HB 2929 by Rep. Ann Coody, creates the Oklahoma Advisory Council on Indian Education Act.

-HB 2967 by Rep. T.W. Shannon, modifies language related to operators of trucks or other vehicles transporting merchandise for hire.

-HB 3158 by Rep. Leslie Osborn, allows the period of supervision in a drug court program to be extended by a court order.


• Senate committees approved no legislation on Monday.

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

-SB 1881 by Sen. Todd Lamb, directs the Department of Commerce to maintain a website dedicated to its Boomerang Program.

-SB 1351 by Sen. David Myers, adds the Oklahoma Film and Music Office to the list of entities that may keep confidential business plans, financial statements or trade secrets submitted by a person or entity seeking economic advice, business development or customized training.

-SB 2231 by Sen. Cliff Branan, requires those registering under the Sex Offender Registration Act to provide a physical address and not a post office box.

-SB 573 by Sen. Harry Coates, permits a prime contractor, subcontractor or sub-subcontractor in lieu of retainage to execute and deliver to the owner, prime contractor or subcontractor before the commencement of construction for which the prime contractor, subcontractor or sub-subcontractor will be responsible for performing a good and sufficient release of retainage bond in an amount equal to 10 percent of the contract or subcontract price.

-SB 747 by Sen. Clark Jolley, exempts school psychologists or psychometrists from the general education portion of the required competency examination to successfully complete the professional education portion of the competency examination.

-SB 1250 by Sen. Jonathan Nichols, prohibits a laboratory, medical facility, hospital or birthing place from unauthorized storage, transferring, use or databasing of DNA from any newborn child without express parental consent.

-SB 1326 by Sen. David Myers, recreates the Oklahoma Geologic Storage of Carbon Dioxide Task Force.

-SB 1592 by Sen. Mike Schulz, allows the release of certain information obtained by the Oklahoma Employment Security Commission to be disclosed to the Center of International Trade at Southwestern Oklahoma State University.

-SB 1692 by Sen. David Myers, extends the deadline for activities of the Oklahoma Clean Energy Independence Commission.

-SB 1793 by Sen. Susan Paddack, states that a party who requests a jury trial and fails to appear may be deemed by the court to have waived the right to a jury trial related to the termination of parental rights.

-SB 1888 by Sen. Brian Bingman, modifies language relating to oil and gas conservation.

-SB 1927 by Sen. Dan Newberry, authorizes a city-county health department to own, lease or dispose of real property in the performance of local public health functions.

-SB 1997 by Sen. Clark Jolley, creates the Marvin Williams and Robbie Chase Whitebird County Sheriff Assistance Act.

-SB 2038 by Sen. Patrick Anderson, requires that every applicant who seeks to be examined for enrollment as a certified shorthand reporter prove to the State Board of Examiners of Certified Shorthand Reporters that the applicant possesses a minimum level of court reporting proficiency that would allow the person to meet the examination requirements.

-SB 2108 by Sen. Debbe Leftwich, modifies the authority of boards of education to convey real property.

-SB 2125 by Sen. Sean Burrage, limits the bond amount in any action or litigation brought under any legal theory involving a non-participating manufacturer to the Master Settlement Agreement resulting from the state’s lawsuits against tobacco companies to the lesser of no more than 100 percent of the judgment, exclusive of interest and costs; 10 percent of the net worth of the judgment debtor; or $25 million.

-SB 2154 by Sen. Brian Crain, modifies language related to actions to enforce a mortgage, deed of trust or other lien or change.

-SB 2203 by Sen. Brian Crain, directs that, upon notice of the appointment of a conservator, guardian of the estate or other fiduciary charged with the management of a principal’s property, the attorney-in-fact shall terminate.


• House committees approved no legislation on Monday.


Tuesday, April 13

• The Senate met Tuesday, approving the following measures:

-HB 3393 by Rep. Jason Nelson, clarifies that the Oklahoma Health Care Authority and the Department of Human Services are to operate the Self-Directed Care Option.

-HB 2004 by Rep. Harold Wright, includes methods on mental illness symptoms identification and mental health issues in preservice programs developed by the Commission for Teacher Preparation.

-HB 2306 by Rep. Jason Murphey, expands the powers and duties of the board of directors of rural road improvement districts to include establishing rules and regulations for the construction and maintenance of culverts and drainage projects.

-HB 2541 by Rep. Marian Cooksey, requires municipal courts to keep confidential all personal identifying information of the parties involved in any case, including credit card numbers, Social Security numbers and bank account numbers.

-HB 2593 by Rep. Dan Kirby, authorizes the Board of Dentistry to inspect any dental laboratory prior to the issuance of any permit.

-HB 2595 by Rep. Earl Sears, directs certain hunting licenses to terminate on Aug. 31 for the year issued.

-HB 2615 by Rep. Guy Liebmann, modifies language related to a public trust’s ability to finance or refinance housing projects.

-HB 2641 by Rep. Steve Martin, directs that any tax credit based upon an expenditure to acquire tangible personal property be reduced in an amount equal to any federal income tax credit that may be claimed by the same acquisition beginning for tax years after Dec. 31, 2010.

-HB 2644 by Rep. Todd Thomsen, modifies language related to the Oklahoma Student Loan Act.

-HB 2720 by Rep. Mark McCullough, modifies punishments for certain crimes of theft.

-HB 2777 by Rep. Kris Steele, provides a method for the Oklahoma Health Care Authority to verify the income of applicants to the Employer/Employee Partnership for Insurance Coverage Premium Assistance Program.

-HB 2828 by Rep. Ron Peters, authorizes the Oklahoma Health Care Authority to annually assess a Home-Based Support Quality Assurance Assessment on each contracted community-based service providers to be an allowable cost for Medicaid reimbursement services.

-HB 2895 by Rep. Purcy Walker, modifies the definition of a “political subdivision” to include a circuit engineering district.

-HB 2920 by Rep. John Trebilcock, creates the Oklahoma Maternal-Infant Quality Care Act.

-HB 2958 by Rep. Harold Wright, exempts a vehicle loaded with hay that is not driving on state highways, turnpikes or any segment of the National System of Interstate and Defense Highways from load provisions.

-HB 2963 by Rep. Earl Sears, increases to age 65 or older the age at which residents and nonresidents are eligible for a senior lifetime fishing or combination fishing and hunting license.

-HB 2964 by Rep. Jason Nelson, modifies language related to the Oklahoma Victim’s Rights Act.

-HB 2968 by Rep. Mike Sanders, directs persons required to register under the Sex Offenders Registrations Act to provide a mappable address and zip code when submitting information to law enforcement.

-HB 3032 by Rep. Chris Benge, creates the Energy Revenue Stabilization Fund.

-HB 3052 by Rep. Dan Kirby, modifies official days off for the Christmas holiday.

-HB 3230 by Rep. Mike Jackson, states that unless a statutory provision relies for its operative effect on a population count contained in a federal Decennial Census or a county determined by using data from the U.S. Census Bureau, a reference in the Oklahoma statutes to the “census”, the “federal Decennial Census” or other similar reference is to include any applicable means or method used by the Census Bureau to report demographic or economic information.

-HB 3311 by Rep. Scott Martin, allows either house of the Legislature by resolution to disapprove a proposed rule or amendment to a rule or emergency rule.

-HB 3289 by Rep. Skye McNiel, allows a court to prohibit a sex offender from residing within a specified distance of the victim of the sex offender.

-HB 3292 by Rep. Pam Peterson, allows the medical and social history of a minor in the custody of the Department of Human Services to be disclosed to prospective adoptive parents without any agreement and without redacting identifying information when the prospective parent is a kinship or relative caregiver for the minor or the minor has lived in the prospective parent’s home for two or more years.

-HB 3339 by Rep. Mike Christian, modifies language relating to the Advisory Committee for Motorcycle Safety and Education to require three members to be licensed and safety course certified by motorcycle operators/owners.

-HB 3341 by Rep. Mike Christian, creates the Illegal Immigration Act.

-HB 3342 by Rep. Mike Christian, adds language to include offender electronic fund payments to be part of the Canteen System within the Department of Corrections.

-HB 3379 by Rep. Randy Terrill, directs a court to not order attorney fees against a public official, public employee or public agency enforcing the Sex Offenders Registration Act.

-HB 3380 by Rep. Randy Terrill, creates the Oklahoma Methamphetamine Offender Registry Act.

-HB 3382 by Rep. Randy Terrill, clarifies language relating to the definitions of a Class D motor vehicle and motorcycle.

-HJR 1065 by Rep. Ron Peters, creates the Oklahoma Juvenile Justice Reform Committee to study and make recommendations on the state’s juvenile justice code.

-HB 2624 by Rep. Tad Jones, modifies terms related to the repurchase of inventory.

-SB 1615 by Sen. Brian Bingman, modifies language related to the Oil and Gas Owners’ Lien Act.

-SCR 54 by Sen. Dan Newberry, celebrates the life of Pastor Billy Joe Daugherty.


• Senate committees took no action on Tuesday.

• The House convened Tuesday, approving the following bills:

-SB 2218 by Sen. Gary Stanislawski, creates the Task Force on Creating Administrative Efficiencies.

-SB 2169 by Sen. Cliff Branan, creates the Task Force on Tax Incentives to Increase Natural Gas Pipeline Capacity.

-SB 2223 by Sen. Sean Burrage, makes it unlawful for any person to operate a motor vehicle or motor-driven cycle usually distinguished as a law enforcement vehicle or equip any motor vehicle or motor-driven cycle with any spot lamps, audible sirens or flashing lights.

-SB 1280 by Sen. Patrick Anderson, modifies the definition of “employment” under the Employment Security Act as it relates to home services as part of a program administered by the Department of Human Services.

-SB 1330 by Sen. Mike Schulz, creates the Invasive Species Task Force.

-SB 1347 by Sen. Mike Schulz, modifies language related to the Oklahoma Tourism and Recreation Department.

-SB 1404 by Sen. Sean Burrage, prohibits the Oklahoma School for the Visual and Performing Arts from duplicating programs offered by the Oklahoma Arts Institute for secondary school students and education enrichment programs for public school teachers.

-SB 1599 by Sen. David Myers, repeals language allowing income tax check-offs for Oklahoma county fairs and the State of Oklahoma Junior Livestock Auction Scholarship Revolving Fund.

-SB 1601 by Sen. Sean Burrage, modifies language related to the Protective Services for Vulnerable Adults Act.

-SB 1609 by Sen. Jim Halligan, allows the presidents of the University of Oklahoma and Oklahoma State University a predetermined designee to attend board meetings who may participate with full voting privileges.

-SB 1633 by Sen. Randy Brogdon, creates the School District Transparency Act.

-SB 1668 by Sen. David Myers, modifies the definition of “project” under the Oklahoma Municipal Authority Act.

-SB 1695 by Sen. Charles Wyrick, states that permits for construction or modification of sewer systems may only be issued to a public entity if all components of the proposed system are or will be located on property that is owned by the owner of the system.

-SB 1776 by Sen. Patrick Anderson, removes language referencing the Oklahoma 2-1-1 Advisory Collaborative.

-SB 1799 by Sen. Susan Paddack, provides retakes of criterion reference tests by eligible students be administered at least two weeks prior to the tests’ regular administration date.

-SB 1836 by Sen. Brian Crain, modifies language relating to an electronic health record.

-SB 1858 by Sen. Susan Paddack, allows school districts to expend textbook allocations for instructional expenses and waives the penalties for exceeding class size limitations for fiscal years 2011 and 2012.

-SB 1883 by Sen. Debbe Leftwich, adds language authorizing peace officers to detain and arrest any person operating a wrecker or tow truck with a valid license.

-SB 1889 by Sen. Gary Stanislawski, modifies language relating to the Oklahoma Public Employees Retirement System.

-SB 1989 by Sen. Bill Brown, makes certain elections irrevocable under the Oklahoma Police Pension and Retirement System.

-SB 2043 by Sen. Bill Brown, clarifies individuals for whom the Oklahoma Life and Health Insurance Guaranty Association Act must provide coverage.

-SB 2054 by Sen. Bill Brown, authorizes the Insurance Commissioner to require any entity obligated to submit or file documents with the Department of Insurance to electronically file the documents.

-SB 2092 by Sen. John Sparks, expands the purpose of the County Budget Act to include fostering cooperation among elected officials for effective and informed operation of county government.

-SB 2142 by Sen. Steve Russell, allows certain electors to request a special write-in absentee ballot for statewide offices in addition to federal offices.

-SB 2150 by Sen. John Sparks, makes assault and battery against a former spouse of one’s current spouse to be punishable by not more than one year in prison.

-SB 2166 by Sen. Cliff Branan, adds the misuse of money collected by municipal taxes to the state definition of situations that qualify as embezzlement.

-SB 2229 by Sen. Jerry Ellis, permits Department of Public Safety licensing agents to verify an individual’s identity through alternative means and to override the finger imaging system if the finger cannot be scanned.

-SB 2270 by Sen. Brian Crain, requires a designated grantee beneficiary to execute a notarized affidavit to accept real property pursuant to a transfer-on-death deed.

• House committees took no action on Tuesday.


Wednesday, April 14

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

-HB 1479 by Rep. Eddie Fields, authorizes local school districts to study and assess ways to eliminate, reduce, consolidate and simplify the type, number and length of reports, data, statistics and other information required by federal and state law.

-HB 2277 by Rep. John Carey, requires a Council on Law Enforcement Education and Training-certified deputy sheriff, rather than a sheriff or salaried deputy sheriff, to accompany a reserve force deputy sheriff in the performance of all assigned duties.

-HB 2292 by Rep. Rex Duncan, authorizes the adjunct general to receive financial donations and expend such funds or utilize state-appropriated funds for mementos, presentations or participation in events designed to promote interests and relationships of the Military Department or Oklahoma National Guard.

-HB 2297 by Rep. Rex Duncan, modifies penalties for knowingly and willfully permitting an individual under age 21 who is an invitee to the person’s residence, building or structure to possess or consume alcoholic beverages.

-HB 2322 by Rep. Rex Duncan, modifies language related to descriptions of motor vehicles and motorcycles.

-HB 2333 by Rep. Randy McDaniel, repeals statutory language regarding the commissioner of labor approving a list of the most hazardous industries in the state.

-HB 2571 by Rep. Lisa Billy, creates the Oklahoma Missing in America Act.

-HB 2579 by Rep. John Trebilcock, requires the director of the Oklahoma Department of Emergency Management to report quarterly to the Governor, House Speaker and Senate President Pro Tempore the balance and outstanding obligations of the State Emergency Fund.

-HB 2625 by Rep. Tad Jones, modifies terms related to motor vehicle dealers, salespersons, distributors and manufacturers.

-HB 2626 by Rep. Tad Jones, defines “biodiesel” under language related to the Corporation Commission’s duty to prescribe rules governing the test for octane rating of motor fuels.

-HB 2629 by Rep. Tad Jones, authorizes the Will Rogers Memorial Commission and the J.M. Davis Memorial Commission to transfer museum collection objects that are duplicates or outside the scope of its collection to other state agencies or museums.

-SB 2678 by Rep. George Faught, requires persons seeking license under the Orthotics and Prosthetics Practice Act to demonstrate certification by the Board for Orthotist/Prothetist Certification or the American Board for Certification in Orthotics, Prosthetics and Pedorthics.

-HB 2686 by Rep. Richard Morissette, creates the Eastern Red Cedar Initiative Act of 2010.

-HB 2697 by Rep. Randy McDaniel, states that all payments under the Production Revenue Standards Act to owners, other persons or governmental entities may be made by electronic means.

-HB 2701 by Rep. Randy McDaniel, modifies language to allow a person on active duty to the U.S. Military to claim multiple states of residence for purposes of purchasing a hunting or fishing license.

-HB 2710 by Rep. Wallace Collins, creates up to a $25 state income tax checkoff provision for a donation for the benefit of the Multiple Sclerosis Society.

-HB 2928 by Rep. Ann Coody, requires written evaluation policies for teachers and administrators to be based on measures of teacher and leader effectiveness that include quantitative data regarding growth of student learning and an evidence-based performance rubric beginning with the 2013-2014 school year.

-HB 2941 by Rep. Jason Nelson, modifies language related to the Oklahoma State Bureau of Investigation Combined DNA Index System.

-HB 2946 by Rep. Fred Jordan, requires a plaintiff prior to filing a civil action based on a construction-related accessibility claim that a facility does not conform with applicable law, codes or standards for the physically disabled to first notify the defendant in writing.

-HB 2927 by Rep. Ann Coody, authorizes the State Board of Education to grant emergency exemptions to any or all school districts from any education-related statutory requirement for fiscal year 2011.

-HB 2971 by Rep. Mike Sanders, modifies language related to the Emergency and Transportation Revolving Fund.

-HB 2994 by Rep. John Enns, creates the Firearms Freedom Act.

-HB 3021 by Rep. Seneca Scott, modifies landlord disclosure requirements.

-HB 3220 by Rep. Chris Benge, authorizes the Oklahoma Turnpike Authority to build a new turnpike in Tulsa.

-HB 3291 by Rep. Skye McNiel, creates the Local Economic Action and Development Act.

-HB 3385 by Rep. Randy Terrill, allows eligible agencies that have filed a furlough plan to provide specialized annual leave to an employee who would otherwise be subject to furlough.

-HB 3422 by Rep. Kenneth Miller, directs the Office of State Finance to update the tax information website with an expanded online database.

-HB 2445 by Rep. Scott Martin, appropriates $5 million to the Oklahoma State University Medical Authority Dispersing Fund from the Special Cash Fund.

• Senate committees took no action on Wednesday.

• The House met Wednesday, approving the following measures:

-SB 2044 by Sen. Bill Brown, modifies language related to the Oklahoma Property and Casualty Insurance Guaranty Association Act.

-SB 2064 by Sen. Jay Paul Gumm, expands the zone of safety concerning registered sex offenders around schools, licensed child care centers, playgrounds and parks.

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

-SB 1303 by Sen. Harry Coates, modifies language related to the Public Competitive Bidding Act.

-SB 1325 by Sen. Patrick Anderson, modifies language related to the prescribed form for an Oklahoma do-not-resuscitate consent form.

-SB 1329 by Sen. Randy Bass, creates the Motorcycle Mobility and Safety Act.

-SB 1600 by Sen. Brian Crain, exempts from the requirements of the Oklahoma Central Purchasing Act purchases and solicitations made from funds or assets received by the Department of Mental Health and Substance Abuse Services.

-SB 1631 by Sen. Mike Mazzei, modifies language related to trusts for furtherance of public auctions.

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

-SB 1771 by Sen. Patrick Anderson, modifies language related to instances when a juvenile or youthful offender is found to have run away or is absent without leave from a staff secure or non-secure placement.

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

-SB 1840 by Sen. Anthony Sykes, creates the Task Force to Study the Availability of Retail Natural Gas Service in Oklahoma.

-SB 1910 by Sen. John Ford, permits the state central committee of a political party to submit to the State Election Board a nominee for membership on a county election board and a nominee to serve as an alternate if the county central committee in a county fails to submit a nominee or if there is no county central committee for a party in a county.

-SB 1955 by Sen. Bryce Marlatt, increases the amount that may be loaned under the Oklahoma Small Business Linked Deposit Act.

-SB 1962 by Sen. Clark Jolley, reduces from three to one the number of copies of the municipal code that must be kept of the office of the municipal clerk for public use.

-SB 2051 by Sen. Glenn Coffee, prohibits a contract between a dental plan of a health benefit plan and a dentist for the provision of services to patients from requiring that a dentist provide services to its subscribers at a fee set by the health benefit plan unless the services are covered under the applicable subscriber agreement.

-SB 2063 by Sen. Patrick Anderson, requires the county clerk to collect from a party seeking a general execution all fees necessary for payment of the disinterested persons for their services in appraising certain property.

-SB 2104 by Sen. Roger Ballenger, increases from within one business day to five business days after the date of the filing of a lien statement for the mailing of notice of the lien.

-SB 2126 by Sen. Debbe Leftwich, includes “technology center school district” in the definition of “political subdivision” under the Governmental Tort Claims Act.

-SB 2127 by Sen. Cliff Aldridge, recreates the State Employee Health Insurance Review Working Group.

-SB 2211 by Sen. Clark Jolley, states that any school district that is not in compliance with the standards and requirements established by the State Board of Education related to the state student record system as required by the No Child Left Behind Act of 2001 shall forfeit its state aid for the time of noncompliance.

-SB 2296 by Sen. Charles Wyrick, adds a local emergency management direction as determined by the president of the Oklahoma Emergency Management Association.


• House committees took no action on Wednesday.


Thursday, April 15

• The Senate met Thursday, approving the following bills:


-SR 111 by Sen. Patrick Anderson, honors the victims of the Oklahoma City bombing fifteen years ago.

-HB 2703 by Rep. Randy McDaniel, states that increments won’t be restricted to taxable locations or be recipients of a local taxing entity.

-HB 2313 by Rep. Rex Duncan, strengthens penalties for offenses involving juveniles.

-HB 2529 by Rep. Colby Schwartz, requires the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control to compile an annual report of all fatal and nonfatal drug overdoses within the state of Oklahoma.

-HB 1613 by Rep. Daniel Sullivan, creates the Oklahoma Insurance Act of 2009.

-HB 3155 by Rep. Leslie Osborn, clarifies information not subject to the Oklahoma Open Records Act.

-HB 3078 by Rep. Rebecca Hamilton, makes it illegal to knowingly create a human-animal hybrid or transfer a human embryo into a nonhuman womb.

Other News


• The Oklahoma Tea Party this week held rallies at the Oklahoma State Capitol that drew attendance estimates as high as 2,000. The group rallied to show their displeasure at the growth of the federal government.


• The U.S. House this week approved a resolution honoring the late Wilma Mankiller, former leader of the Cherokee Nation. Mankiller died April 6. She was the first female principal chief of the Cherokee Nation.