The Oklahoma Senate

Week In Review
Monday, May 17 to Friday, May 21, 2010

Monday, May 17

• The Senate met Monday, approving the following measures:

-SB 1071 by Sen. Glenn Coffee, makes additions to the definition of “final average salary” as it relates to the Oklahoma Firefighters Pension and Retirement System.

-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, inspection and examination.

-SB 956 by Sen. Todd Lamb, modifies language related to human trafficking, defining terminology and what constitutes “human trafficking.”

-SB 1617 by Sen. Jim Halligan, requires each school district that has been identified as low performing to file an improvement plan with the State Department of Education.

-SB 1956 by Sen. Ron Justice, removes the Institute for Issue Management and Alternative Dispute Resolution as the directing authority of the Oklahoma Agriculture Mediation Program and places it under the Agriculture Mediation Board.

-HJR 1087 by Rep. John Trebilcock, disapproves Oklahoma Administrative Code 165:5-3-1 of the Corporation Commission.

• The Senate General Conference Committee on Appropriations approved no legislation on Monday.


• The House convened Monday, approving the following measures:

-HB 2836 by Rep. Earl Sears, requires the State Board of Education to establish a grant program as part of a teacher pay pilot program, and adopt program guidelines for school districts to follow in developing a teacher performance pay plan.

-HB 3208 by Rep. Chris Benge, creates the Oklahoma Energy Security Act.

-HB 1043 by Rep. Earl Sears, creates the Oklahoma Medical Loan Repayment Program to provide educational loan repayment assistance of up to $25,000 per year for five years for up to six Oklahoma licensed primary care physicians per year who agree to establish a practice in a community approved by the Physician Manpower Training Commission.

-HB 1613 by Rep. Randy McDaniel, modifies language related to examination report review procedures of the insurance commissioner.

-HB 1658 by Rep. Joe Dorman, exempts from liability for damages any physician or health care provider who provides medical services at a secondary school athletic event and renders or attempts to render emergency care to an injured participant in need if immediate aid, except for gross, willful or wanton negligence.

-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 to purchase treatment services provide by certified alcohol and drug counselors.

-HB 2300 by Rep. Gary Banz, requires individual and corporate income tax return forms to include a provision to allow a donation from a tax refund to Oklahoma Honor Flights.

-HB 2567 by Rep. Paul Wesselhoft, modifies language to require municipalities and political subdivisions of the state with authority to regulate the standing or parking of vehicles to extend special parking privileges to a physically disabled person with the proper item displayed on that person’s vehicle.

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

-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 are outside the scope of its collection to other state agencies or museums with nonprofit status, unless the object was leased to, loaned or purchased with appropriated funds by the commissions.

-HB 2698 by Rep. Randy McDaniel, creates the Oklahoma Government Website Information Act.

-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 2772 by Rep. Weldon Watson, creates the Oklahoma Appraisal Management Company Regulation Act to provide a process for the registration and regulation of entities conducting, performing or engaging in or attempting to conduct, perform or engage in real estate appraisal management services as a real estate appraisal management company with the state.

-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 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 Agricultural Linked Deposit Program.

-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 3286 by Rep. Skye McNiel, modifies language related to the authority granted the Oklahoma Development Finance Authority to issue up to $100 million in obligations for the infrastructure pool and for the economic development pool under the Oklahoma Community Economic Development Pooled Finance Act.

-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 years.

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

-SB 2129 by Sen. Gary Stanislawski, creates the Statewide Virtual School Task Force to explore the feasibility of establishing a statewide virtual school.


• The House General Conference Committee on Appropriations approved no measures on Monday.

Tuesday, May 18

• The Senate met Tuesday, but approved no legislation.

• The Senate General Conference Committee on Appropriations approved the following measures on Tuesday:

-SB 1267 by Sen. Mike Mazzei, establishes a two-year moratorium on numerous income tax credits.

-HB 2331 by Rep. Steve Martin, removes language instituting a deadline by which the Department of Public Safety’s online verification system for vehicle liability insurance must be operational.

-SB 1398 by Sen. Mike Mazzei, modifies language regarding notification from the Oklahoma Tax Commission to people within the state who have previous vessel or motor registrations on record of the period for registration that are due to be registered.

-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 1816 by Sen. Brian Bingman, clarifies language related to penalties for delinquent motor vehicle registration fees.

-SB 2124 by Sen. Mike Mazzei, defines specific support activities for rail transportation and specific support activities for water transportation as “basic industry” in relation to tax and incentive purposes.

-SB 2572 by Sen. Steve Russell, modifies language regarding demonstrations at a funeral service.

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

-HB 2998 by Rep. Kris Steele, authorizes the Department of Corrections to implement a pilot program to provide diversion programs to reduce the high rate of female incarceration and provide re-entry services that employ evidence-based practices and techniques.

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

• The House approved the following measures on Tuesday:

-HB 3285 by Rep. Skye McNiel, modifies language related to the Oklahoma Meat Inspection Act.

-HJR 1054 by Rep. Mike Ritze, proposes statutory language prohibiting a resident of the state – regardless of whether he/she has or is eligible for health insurance coverage under any policy or program provided by or through an employer, the state or federal government – from being required to obtain or maintain a policy of individual insurance coverage.

-HB 2658 by Rep. Daniel Sullivan, modifies language related to the requirement that an employer provide prosthetic devices to injured workers, as determined by the Workers’ Compensation Court.

-HJR 1056 by Rep. Rex Duncan, proposes a constitutional amendment changing reference from the State Industrial Court to the Workers’ Compensation Court.

-HB 1458 by Rep. Daniel Sullivan, creates the Funeral Services Licensing Act.

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

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

-HB 2935 by Rep. Todd Russ, directs a county assessor to change the assessment role based on any real estate conveyed between Oct. 1 and Dec. 31 each year.


• House committees approved no legislation on Tuesday.


Wednesday, May 19

• The Senate met Wednesday, approving the following measures:

-HB 3290 by Rep. Skye McNiel, prohibits any health plan, including health insurance contracts, plans or policies offered by or outside of the state exchange created by the federal Patient Protection and Affordable Care Act from providing coverage for elective abortions.

-SB 1590 by Sen. Mike Johnson, establishes a moratorium on tax credits for qualified investments in small business capital companies and qualified investments in small business ventures.

-SB 1073 by Sen. Brian Crain, clarifies language related to judgment liens for creditors, deleting “satisfied by payment or otherwise discharged” in favor of “satisfied in full, vacated or become dormant or otherwise unenforceable.”

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

-SB 1964 by Sen. John Ford, clarifies language related to caterers’ licenses and limits their issue to those that prepare, sell and distribute food for consumption on either a licensed or unlicensed premises.

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

-SB 2203 by Sen. Brian Crain, 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.

-SB 1779 by Sen. Sean Burrage, requires applicants for issuance or renewal of a driver license to be given the option to provide an emergency contact person.

• The Senate General Conference Committee on Appropriations approved the following measures on Wednesday:

-SJR 61 by Sen. Glenn Coffee, proposes a constitutional amendment to create the Task Force on Taxation of Intangible Ad Valorem Property for the purpose of examining intangible property that is exempt from taxation and to examine the impact of a related Supreme Court decision.

-SB 1397 by Sen. Mike Mazzei, requires the Oklahoma Tax Commission to notify all people within the state who have a previous registration on record of the period for registration on record of the period for registration renewal and instead allows them to provide notification.

-SB 1900 by Sen. Harry Coates, clarifies language related to residential building permits.

-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 2310 by Rep. Jason Murphey, creates the Oklahoma Innovation, Efficiency and Accountability Act of 2010.

-HB 2686 by Rep. Richard Morrissette, creates the Eastern Red Cedar Initiative Act of 2010 and the Eastern Red Cedar Registry Board Act.

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

-HB 2971 by Rep. Mike Sanders, modifies the definition of “terrorism” under the Oklahoma Antiterrorism Act to include acts of violence resulting in damage to property or injury perpetrated to coerce a civilian population or government into granting military or religious demands.

-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 3167 by Rep. Jeff Hickman, modifies the definition of “infrastructure” under the Oklahoma Economic Development Pooled Finance Act.

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

-SB 2109 by Sen. Gary Stanislawski, requires the State Department of Education to include the appropriate grade-level weight and all category weights to which a pupil is assigned when calculating state aid regardless of whether the district provides the education to the student using traditional in-class means or via online instruction.

• The House met Wednesday, approving the following bills:

-HB 1888 by Rep. Phil Richardson, replaces reference of the Rural Ambulance Service Districts Act with the Ambulance Service District Act.

-HB 2883 by Rep. Ken Luttrell, adds language defining “powersports vehicles” and “powersports vehicle dealer” under the Oklahoma Vehicle License and Registration Act.

• House committees approved no measures on Wednesday.

Thursday, May 20

• The Senate met Thursday, approving the following measures:

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

-SJR 61 by Sen. Glenn Coffee, places a moratorium on the levy of the franchise tax and levies a tax in lieu of ad valorem taxes on intangible personal property of businesses.

-SB 1772 by Sen. Patrick Anderson, transfers authority to the Department of Mental Health and Substance Abuse Services to investigate allegations of mistreatment by certified facilities and gives the Department the power to levy fees for site visitation and certify certain specialists.

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

-SB 1905 by Sen. Harry Coates, authorizes money retained or distributed for purses should be held in trust by the horsemen’s organization for purses.

-SB 1876 by Sen. Harry Coates, regulates physical education curriculum.

-SB 1871 by Sen. Harry Coates, allows the State Board of Licensure for Professional Engineers and Land Surveyors the ability to acquire real property.

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

-HB 3021 by Rep. Seneca Scott, requires landlords to disclose to prospective tenants any dwelling unit that was used to manufacture methamphetamine.

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

-SB 1714 by Sen. Ron Justice, gives preference to wooden products made with wood from the eastern red cedar for government purposes.

-HB 2958 by Rep. Harold Wright, exempts vehicles loaded with hay to travel on roads without covering the load.

-SB 1659 by Sen. Cliff Aldridge, states that no entity of the executive branch shall exceed minimum overtime pay provisions, except as provided.

-SB 2034 by Sen. Glenn Coffee, changes the authority regarding Oklahoma Public School Audit Law from the State Board of Education to the State Auditor and Inspector.

-SB 1592 by Sen. Mike Schulz, allows employees of an economic and business research center at an institute of higher education to receive employment information required to identify economic trends.

-HB 3028 by Rep. Chris Benge, states legislative intent and goals to promote renewable energy sources and reduce dependence on foreign oil.

-SB 2319 by Sen. Gary Stanislawski, makes provisions as to the use of online courses as a means of fulfilling educational and classroom time requirements.

-SB 1889 by Sen. Gary Stanislawski, modifies sections of elected officer retirement compensation law.

-HB 3286 by Rep. Skye McNiel, allows the Oklahoma Development Finance Authority to issue obligations on a pooled basis not to exceed $100 million based upon the defeasance of previous obligations.

-SB 1267 by Sen. Mike Mazzei, places a moratorium on a variety of income tax credits currently in place.

• The Senate General Conference Committee on Appropriations approved the following measures on Thursday:

-SB 1284 by Sen. Gary Stanislawski, allows incremental state sales tax revenue to be used for the planning, performance and promotion of quality events.

-SB 1373 by Sen. Brian Crain, mandates that the Department of Health create a plan to give medical advice and increase public awareness of COPD.

-SB 1600 by Sen. Brian Crain, modifies state agency privatization procedures.

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

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

-HB 3161 by Rep. Leslie Osborn, requires the exclusion of minors from any advertisement or promotion of the lottery and lottery games, and prohibits claims of benefits from lottery proceeds that are not based on actual expenditures.

-HB 3267 by Rep. Mike Jackson, changes the source of Child Abuse Multidisciplinary Account funding from district court filings to state civil court filings.

-SB 1561 by Rep. Mike Johnson, is the Fiscal Year 2011 General Appropriations Measure.

• The House met Thursday, approving the following bills:

-HB 2941 by Rep. Jason Nelson, clarifies the roles and responsibilities of the Oklahoma State Bureau of Investigation in the establishment, use and maintenance of the Combined DNA Index System.

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

-HB 2572 by Rep. Paul Wesselhoft, amends the rules and punishments for demonstrations and protests at funerals, extends the distance at which such demonstrations and protests must occur and stipulates at what times.

-HB 2831 by Rep. Ron Peters, places a cap on examination and investigation fees by the Commission on Consumer Credit.

-HB 2998 by Rep. Kris Steele, mandates that the Department of Corrections create a pilot program with the purpose of providing better reentry programs and services to help female inmates with children more easily reintegrate into society.


• The House General Conference Committee on Appropriations met Thursday, approving the following measure:


-SB 1561 by Rep. Mike Johnson, is the Fiscal Year 2011 General Appropriations bill.

Friday, May 21

• The Senate met Friday, approving the following measures:

-SB 1561 by Sen. Mike Johnson, is the Fiscal Year 2011 omnibus general appropriations bill.

-HB 2963 by Rep. Earl Sears, raises the senior citizen age minimum to 65 years of age.

-SB 1590 by Sen. Mike Johnson, places a moratorium on Small Business Capital and Rural Small Business Capital Investment Tax Credits.

-SB 1589 by Sen. Glenn Coffee, defines terms applying to telecommunication providers and assesses taxes for the years of 2010, 2011 and 2012.

-HB 2300 by Rep. Rex Duncan, creates an option for individuals and corporations to donate to the Oklahoma Honor Flights program out of their income tax returns and creates an Oklahoma Honor Flights Revolving Fund administered by the Oklahoma Department of Veterans Affairs.

-HB 1658 by Rep. Joe Dorman, establishes a liability exemption for health care providers attempting to administer emergency care to an injured participant at a secondary school athletic event.

-SB 1040 by Sen. Mike Schulz, authorizes investigators for the Board of Chiropractic Examiners to perform such services as are necessary in the investigation of criminal activity.

-SB 1686 by Sen. Harry Coates, amends current language to liens, stating that pre-lien notices must be provided within 75 days of the last furnishing of materials, services, labor or equipment.

-SB 1900 by Sen. Harry Coates, requires an entity that issues occupancy permits after the issuing of a building permit to obtain verification that the owner or contractor has remitted any sales tax.

-SB 1901 by Sen. Harry Coates, mandates that the American Indian Cultural Center and the Native American Cultural and Educational Authority does not have to seek approval from any other public entity regarding building or maintenance, unless contractually obligated.

-SB 2070 by Sen. Harry Coates, modifies certain prohibitions to issue or renew certain licenses.

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

-SB 2231 by Sen. Cliff Branan, requires sex offenders to list their physical address when registering as a sex offender.

-SB 1601 by Sen. Sean Burrage, prohibits the expungement of records of investigations pursuant to the Protective Services for Vulnerable Adults Act, except by court order.

-SB 2330 by Sen. John Ford, creates the Empowered Schools and School Districts Act to give special authority to designated schools or districts.

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

-HB 2629 by Rep. Tad Jones, allows certain historical commissions to transfer or otherwise dispose of surplus property as deemed necessary with certain restrictions.

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

-HB 2509 by Rep. Chris Benge, makes an appropriation to the Department of Environmental Quality.

-HB 3213 by Rep. Charles Ortega, prohibits insurers from offering cash settlements for the purchase of a comparable motor vehicle and then subsequently selling the motor vehicle which has been deemed to be a total loss back to the claimant.

-SB 1908 by Sen. Anthony Sykes, prohibits distracted driving, and defines “distracted driving” and “personal communication device”.

-HB 2320 by Rep. Steve Martin, states that members appointed to the Alarm and Locksmith Industry Committee could serve two terms.

-HB 1043 by Rep. Earl Sears, creates the Oklahoma Medical Loan Repayment Program.

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

-SB 1397 by Sen. Mike Mazzei, authorizes the Oklahoma Tax Commission to use e-mail for notification for renewal of licenses.

-SB 1398 by Sen. Mike Mazzei, allows the Oklahoma Tax Commission to initiate e-mail notices for renewal of vessel and auto registration.

-SB 2124 by Sen. Mike Mazzei, defines “basic industry” relating to support activities for rail and water transportation.

-SB 2318 by Sen. Clark Jolley, allows certain students to take required tests at a location either in their district of their residence or within 100 miles of the nearest border of said district.

-HB 3292 by Rep. Pam Peterson, allows medical information to be released to a prospective adoptive parent if the minor is in the custody of the Department of Human Services without any agreement and without redacting identifying information.

-SB 902 by Sen. Bill Brown, prohibits a child under 12 from operation of a personal watercraft.

-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 2944 by Rep. Fred Jordan, provides a reimbursement of up to $100 for school districts who are forced to hire a substitute teacher as a result of the full-time teacher being called in for jury duty or subpoenaed as a witness.

-HB 2778 by Rep. Kris Steele, requires the Oklahoma Health Care Authority to increase transparency of the incentive reimbursement plan developed for nursing homes.

-HB 2777 by Rep. Kris Steele, requires OHCA to cooperate with other state agencies to verify applicants to Insure Oklahoma.

-HB 2567 by Rep. Paul Wesselhoft, modifies procedures regarding the regulation of disabled parking permits to include the acceptance of military issued stickers and out-of-state plates.

-HB 2615 by Rep. Guy Liebmann, adds financing and refinancing facilities to the list of organizations responsible for the construction of housing projects that will not be subject to ad valorem taxes immediately before financing or refinancing.

-SB 2150 by Rep. John Sparks, adds conviction of assault and batter of a former spouse of a present spouse as grounds for a felony charge.

-SB 2199 by Sen. Glenn Coffee, states that local education boards shall request information concerning any felony conviction of prospective employees from the State Board of Education.

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


Other News


• Governor Brad Henry this week announced he would seek federal disaster aid for 15 counties affected by storms and tornadoes earlier this month. If a request for individual assistance is approved, Oklahomans who sustained uninsured damage in any of the 15 counties would be eligible for assistance for housing repairs.