The Oklahoma Senate

Week In Review
Monday, April 11 to Tuesday, April 14, 2011

Monday, April 11

• The Senate approved the following measures on Monday:

-HB 1686 by Rep. Richard Morrissette, creates a Eastern Flyer Passenger Rail Development Task Force.

-HB 1007 by Rep. Randy McDaniel, creates the Pension Funding Accountability Act of 2011.

-HB 1648 by Rep. Tom Newell, removes language that allows a member of the Teachers’ Retirement System who is absent from teaching service because of an election or appointment as a local, state or national education association officer to be allowed to retain his or her membership in the system upon payment of a contribution.

-HB 1533 by Rep. Gus Blackwell, requires a state agency to make payroll deductions upon request of a state employee for membership dues utilized for benefits, goods or services provided by the Oklahoma Public Employees Association to the organization’s membership or any other statewide association limited to state employee membership or any other statewide association limited to state employee membership with a minimum membership of 1,500 dues-paying members.

-HB 1231 by Rep. Pat Ownbey, clarifies that termination of a state employee for reason of non-compliance with state tax laws applies to all employees regardless of agency of employment.

-HB 1991 by Rep. Daniel Sullivan, modifies language related to administration of the punishment of death, directing that it be carried out by the administration of a lethal quantity of drug or drugs until death is pronounced.

-SCR 12 by Sen. Bill Brown, recalls Senate Bill 253 from the office of the Governor.

-HB 1050 by Rep. Mike Sanders, requires candidates for an election of the fair association board of directors to file with the county election board rather than the county clerk.

-HB 1051 by Rep. Mike Sanders, designates each elected officer of a county, rather than the county clerk alone, as the custodian and repository of all inventory records, files and reports and gives each officer authority to destroy such records.

-HB 1060 by Rep. Mike Sanders, changes from “reimbursable” to “payable” all costs associated with a county-built road or bridge projects.

-HB 1218 by Rep. Dan Kirby, removes language exempting counties that maintain a juvenile bureau under the provisions of the Oklahoma Juvenile Code from provisions relating to employment of juvenile officers, salary limits, travel reimbursement and contracts with court-appointed special advocate programs.

-HB 1228 by Rep. Pat Ownbey, creates the Sheltered Workshop Act for the purpose of affording individuals with disabilities the opportunity to participate in meaningful work or training activities.

-HB 1230 by Rep. Pat Ownbey, modifies requirements for applications for certificates of title for salvaged, rebuilt, junked, classic, remanufactured and unrecovered theft vehicles.

-HB 1412 by Rep. Charles Joyner, modifies language related to the seizing of intoxicating liquors used in violation of the law.

-HB 1468 by Rep. Dennis Johnson, creates the Oklahoma Woody Biomass Energy Initiative Act of 2011.

-HB 1634 by Rep. Charles Ortega, reduces from $150 to $75 the annual fee for each coin-operated music or amusement device and each coin-operated device requiring a coin or thing of value of 25 cents or more.

-HB 1688 by Rep. Todd Russ, invalidates any contract or agreement between a minor and union for any purpose, including official recognition by a union for purposes of intent or interest by a minor to join, vote or consent to any action of the union.

-HB 1969 by Rep. Glen Mulready, allows rather than requires an employee with the State and Education Employees Group Insurance Board who selects the high option plan to establish a health savings account option as defined by the Internal Revenue Code.

-HB 2038 by Rep. Daniel Sullivan, expands the duties of the administrator of the Workers’ Compensation Court to include tracking, compiling and reporting annually to the Governor on the percentage of cases that result in one surgery, two surgeries and more than two surgeries.

• Senate committees took no action on bills Monday.

• The House met Monday approving the following measures:

-SB 331 by Sen. Rob Johnson, removes language stating that any state, county, city, town or school district officer who directs the payment or transfer of property belonging to the entity served in an unlawful or fraudulent contract is jointly and severally liable in damage to all innocent persons injured.

-SCR 12 by Sen. Bill Brown, asks the governor to return enrolled SB 253 to the Senate.

-SB 54 by Sen. Ron Justice, removes language regarding qualifications for district attorneys prior to July 1, 1990.

-SB 228 by Sen. Ron Justice, modifies language related to the Oklahoma Agricultural Code.

-SB 406 by Sen. Josh Brecheen, increases the time limits for picketing at funerals from one hour before and after the funeral to two hours before and after the funeral.

-SB 815 by Sen. Patrick Anderson, modifies language related to the temporary injunction automatically in effect upon the filing of a petition for dissolution of marriage.

-SB 840 by Sen. Cliff Aldridge, adds language that requires petitions for judicial review of individual proceedings under the Administrative Procedures Act involving the Oklahoma Public Employees Retirement System to be brought in Oklahoma County.


• House committees met Monday and approved the following legislation:

-SB 201 by Sen. Cliff Aldridge, allows governing bodies of municipalities and counties to provide for payment of outstanding or delinquent fines and debts resulting from a traffic violation through a motor vehicle agent.

-SB 266 by Sen. Cliff Aldridge, allows municipalities to adopt ordinances, resolutions or regulations for the implementation and collection of facilities fees to fund or recover their costs for capital improvements.

-SB 398 by Sen. Gary Stanislawski, allows a contract or agreement to purchase any consumer goods or services pursuant to an unsolicited message made by an automatic dialing device without the use of a live operator to be voided at the option of the consumer unless it has been memorialized in writing.

-SB 494 by Sen. Don Barrington, creates the Oklahoma Private Lands and Public Recreation Act.

-SB 597 by Sen. Brian Bingman, modifies language related to the permit required for the sale of water.

-SB 704 by Sen. Rob Johnson, allows an action to be maintained as a class action if the complaint in the class action contains factual allegations sufficient to demonstrate a plausible claim for relief.

-SB 711 by Sen. Gary Stanislawski, authorizes the Oklahoma Department of Transportation to file an application with the U.S. Department of Transportation to assume all, or part, of the National Environmental Policy Act.

-SB 761 by Sen. Clark Jolley, requires an employer to promptly provide an injured employee compensation for treatment that may be necessary after certain injuries.

-SB 878 by Sen. Anthony Sykes, creates the Workers’ Compensation Act.

-SB 923 by Sen. Anthony Sykes, increases the penalty for willfully aiding, encouraging or recruiting a minor for a criminal street gang from one year to five years in the custody of the Oklahoma Department of Corrections.

-SB 483 by Sen. Brian Crain, calls for a plan to reduce the number of Area Agencies on Aging from 11 to six.

-SB 492 by Sen. Sean Burrage, allows DHS to petition the district court for certain orders if a vulnerable adult is suffering from abuse, neglect, self-neglect, financial neglect or exploitation.

-SB 510 by Sen. Steve Russell, defines relative adoption.

-SB 674 by Sen. Clark Jolley, requires that a search of the Oklahoma State Courts Network, the Child Care Restricted Registry and a national criminal history records search be conducted for individuals applying to establish or operate a child care facility.

Tuesday, April 12

• The Senate approved the following bills on Monday:

-HB 1255 by Rep. Wade Rousselot, authorizes any U.S. attorney, assistant U.S. attorney or current Oklahoma legislative member to carry a firearm on his or her person anywhere in the state of Oklahoma to use only for personal protection if the person has successfully completed an approved course of firearm training.

-HB 1034 by Rep. Jason Murphey, modifies language related to the Oklahoma Central Purchasing Act.

-HB 1047 by Rep. George Faught, authorizes the Department of Rehabilitation Services to request the Oklahoma State Bureau of Investigation to conduct national criminal background checks on all persons seeking employment with the agency.

-HB 1460 by Rep. Lee Denney, modifies language related to Special Universal Services.


• Senate committees approved no measures on Tuesday.


• The House convened Tuesday, approving the following bills:

-SB 919 by Sen. Anthony Sykes, makes it unlawful to possess, sell, offer for sales, barter or give any quantity of dangerous drugs not listed as a scheduled drug when obtained by prescription bearing forged, fictitious or altered information.

-SB 104 by Sen. Cliff Aldridge, allows a county treasurer to send ad valorem tax statements to a taxpayer by electronic mail if the taxpayer submitted a written request for such delivery.

-SB 147 by Sen. Don Barrington, requires a petition for incorporation of a town to be signed by registered voters who are residents of the proposed town at the time of signing the petition and for 60 days immediately preceding signing the petition.

• House committees met Tuesday and approved the following measures:


-SB 235 by Sen. Eddie Fields, requires the commissioner of public safety to consult with the Department of Transportation when issuing special permits to any person allowing the movement of a house or building the movement of a house or building on state and federal highways.

-SB 417 by Sen. Patrick Anderson, prohibits those involved in the collection and disposal of solid waste or recycling material from stopping, standing or parking a vehicle on a sidewalk, except when necessary to avoid conflict with other traffic in compliance with law or the directors of a police officer or traffic control device.

-SB 499 by Sen. Brian Bingman, requires permits for special mobilized machinery to specify a maximum permissible road speed of 60 miles per hour.

-SB 710 by Sen. Gary Stanislawski, increases from $250,000 to $500,000 the maximum limit for special maintenance projects that can be carried out by state special maintenance crews unless deemed otherwise by the Oklahoma Department of Transportation.

-SB 629 by Sen. Clark Jolley, authorizes the Oklahoma Conservation Commission to implement carbon sequestration projects.

-SB 248 by Sen. Kim David, modifies language related to the Grand River Dam Authority that allows rural water districts to take water from the Grand River and any of its tributaries in any quantities that may be needed by the rural water district without payment of any fee or charge for such water.

-SB 574 by Sen. Clark Jolley, requires dental facility permit holders following the first year of employment to show proof of passing an appropriate clinical board examination recognized by the Board of Dentistry.

-SB 534 by Sen. John Ford, allows a career teacher to be dismissed or not reemployed for the commission of an act of moral turpitude and provides examples of moral turpitude.

-SB 2 by Sen. John Ford, requires the State Board of Education to adopt expected alternate year percentage growth targets for all public secondary schools and school districts based on high school graduation rates and establishes procedures for calculating the targets.



Wednesday, April 13

• The Senate approved the following measures on Wednesday:

-HJR 1002 by Rep. David Dank, proposes a constitutional amendment reducing from 5 percent to 3 percent the maximum amount by which the fair cash value of any locally assessed real property.

-HB 1990 by Rep. Daniel Sullivan, modifies the definition of “transportation project or system” as it relates to local transportation authorities.

-HB 1061 by Rep. Mike Sanders, permits rear facing flashing red and blue lights to be used on vehicles or machinery owned or operated by the Oklahoma Department of Transportation or the Oklahoma Turnpike Authority when engaged in emergency work or the construction or maintenance of highways.

-HB 1274 by Rep. Emily Virgin, allows any special education teacher who becomes certified to teach through the completion of an accredited teacher preparation program to be certified in early childhood or elementary education upon meeting the requirements provided in law and successful completion of the appropriate subject portion of the examination prior to July 1, 2012.

-HB 1282 by Rep. David Dank, clarifies language related to the definition of “long-term care administrator.”

-HB 1310 by Rep. Phil Richardson, requires the State Board of Veterinary Medical Examiners to certify individuals providing nonveterinary reproductive services.

-HB 1322 by Rep. Harold Wright, modifies language regarding embezzlement, stating that the act includes activity related to any property of an estate of a decendent, whether the estate is held in intestate, in probate, in trust or otherwise.

-HB 1327 by Rep. R.C. Pruett, authorizes the Oklahoma Forestry Division to plan and conduct prescribed burning at the request and expense of landowners on public or private lands for the purpose of controlling Eastern Red Cedar and other invasive species, for hazardous fuel reduction, wildlife habitat manipulation, ecosystem restoration or achieving silvicultural objectives.

-HB 1338 by Rep. Brian Renegar, lowers from age 35 to 30 the minimum age at which a person may purchase or receive a hunting license or license tag unless he or she possesses or can exhibit a certificate of competency and safety in the uses of handling firearms from the Department of Wildlife Conservation.

-HB 1339 by Rep. Brian Renegar, requires game and fish license dealers to issue every license after Jan. 1, 2013, via an electronic point of sale system.

-HB 1355 by Rep. Al McAffrey, creates the Deceased Veterans Dignity Act.

-HB 1372 by Rep. Corey Holland, modifies language related to the maximum prescribed amount a school district may spend on administrative services.

-HB 1461 by Rep. Lee Denney, modifies language related to the School Bullying Prevention Act.

-HB 1472 by Rep. Don Armes, increases from 1 and one-half cents to 2 cents the per-bushel fee on wheat marketed by wheat producers in the state and sold through commercial channels.

-HB 1826 by Rep. John Trebilcock, requires a consultant pharmacist to visit an ambulatory surgical center no more than one time per month.

-HB 1854 by Rep. Jabar Shumate, states legislative intent that the State Regents for Higher Education adopt a policy for each institution within the State System of Higher Education that has a teacher education program that will require equal access for statewide professional educators’ associations to students enrolled in the program.

-HB 2121 by Rep. Jeff Hickman, establishes that the production of oil and gas from certain horizontally drilled wells established after July 1, 2011, shall be taxed at a rate of 1 percent for the first 48 months of production.


• Senate committees approved one measure Wednesday:

-HB 2116 by Rep. Jeff Hickman, requires the State Board of Education to develop a funding mechanism for the disbursement of federal funds to reimburse local education agencies for the excessive costs of high-need students who have an individual education program.

• The House met Wednesday, approving the following legislation:

-HB 1888 by Rep. Pam Peterson, prohibits an abortion from being performed or induced or attempted unless the physician has first made a determination of the probably postfertilization age of the unborn child.

-SB 547 by Sen. Anthony Sykes, prohibits inclusion of elective abortion coverage in any health insurance policy offered by the state’s health exchange.

-SB 801 by Sen. Clark Jolley, requires a portable electronics vendor to have a limited-lines license from the Oklahoma Insurance Commissioner to sell or offer insurance coverage of portable electronic devices.

-SB 12 by Sen. Patrick Anderson, modifies application of national criminal history record checks on education employees, exempting technology center employees hired on a part-time or temporary basis to instruct adult students only.

-SB 170 by Sen. David Holt, allows a county to dispose of surplus property if an incumbent county commissioner draws no opponent or he or she wins reelection and removes the previous restriction barring such disposal until the swearing in of county officials.

• House committees approved the following measures on Wednesday:

-SB 529 by Sen. Clark Jolley, creates the Erin Elizabeth Swezey Act.

-SB 826 by Sen. David Holt, makes changes to the process of binding arbitration.

-SB 891 by Sen. Mike Mazzei, modifies the Oklahoma Pension Legislation Actuarial Analysis Act.

-SB 305 by Sen. Brian Crain, create the Oklahoma Public Employees Retirement System Reform Act of 2011.

-SB 798 by Sen. Clark Jolley, allows for a motion to protect and preserve abandoned or vacated property that is subject to suit, action or proceeding to foreclose or otherwise enforce the remedies in a mortgage.

-SB 577 by Sen. Bill Brown, states that effective Sept. 8, 2009, the Oklahoma Police Pension Retirement System is in compliance with the Internal Revenue Code of 1986.

-SB 584 by Sen. Bill Brown, allows a spouse of a member of law enforcement to have a direct trustee-to-trustee transfer of any portion of such beneficiary’s distribution from the Oklahoma Law Enforcement Retirement System to a Roth IRA.

-SB 668 by Sen. Kim David, expands the definition of co-occurring disorder in the Licensed Alcohol and Drug Counselors Act to include a mental health disorder that is deemed likely to become a substance abuse disorder without intervention.

-SB 756 by Sen. Dan Newberry, modifies the term “employment” to exclude service performed for an elementary or secondary school which is operated primarily for religious purposes and “benefit wages” to mean the taxable wages earned by a claimant during his or her base period which are not in excess of the current maximum weekly benefit amount as related to the Oklahoma Employment Security Commission.

-SB 788 by Sen. Don Barrington, modifies language related to the Oklahoma Firefighters Pension and Retirement System to comply with the Internal Revenue Code.

-SB 308 by Sen. Brian Crain, creates the Teachers’ Retirement System of Oklahoma Reform Act of 2011.

-SB 335 by Sen. Cliff Branan, clarifies that the area of jurisdiction includes floodplains in unincorporated areas rather than all unincorporated areas.

-SB 420 by Sen. Eddie Fields, provides for import and export of animal products directly from the Tulsa and Oklahoma City airports.

-SB 250 by Sen. Bryce Marlatt, creates the Chanda Turner Reform Act.

-SB 143 by Sen. John Ford, requires that a person age 18 years or younger can only receive a driver’s license if he or she is enrolled in a public or private school, including any technology center; has received a diploma or certification of completion issued to the person from a secondary school; or is enrolled and making satisfactory progress in a program leading to a certificate of high school equivalency issued by the State Department of Education.

-SB 602 by Sen. Anthony Sykes, changes the date of a primary election from the last Tuesday in July to the last Tuesday in June.

-SB 929 by Sen. Dan Newberry, creates a task force to study the consolidation of professional and occupational licensing functions.

-SB 931 by Sen. Brian Bingman, requires the State Election Board to be comprised of three members and two alternate members.

-SJR 24 by Sen. Susan Paddack, directs the executive directors of the Oklahoma Department of Environmental Quality and the Oklahoma Water Resources Board to submit to the Governor a report detailing the progress made to implement a state policy for water reuse.

-SJR 31 by Sen. Susan Paddack, directs the Oklahoma Water Resources Board to identify and prioritize water conservation measures for inclusion in the Oklahoma Comprehensive Water Plan.

-SB 260 by Sen. John Ford, prohibits a charter school from charging tuition or fees unless a school district authorized to charge such tuition or fees.

-SB 939 by Sen. Clark Jolley, makes the Oklahoma School for the Blind and the Oklahoma School for the Deaf school districts for the purposes of the state aid formula.

-SB 953 by Sen. Jonathan Nichols, requires a driver’s license reinstatement fee of $50 beginning on July 1, 2013, of which $25 shall be deposited by the commissioner of public safety revolving fund to be used to fund any Oklahoma Highway Patrol Trooper Academy provided by the department.

-SB 954 by Sen. Jonathan Nichols, sets the fee for requesting a copy of a collision report with the Department of Public Safety at $15 beginning on July 1, 2011, through June 30, 2013.

-SB 4 by Sen. Jim Wilson, modifies language related to the Sales Tax Relief Act.

-SB 21 by Sen. Judy Eason McIntyre, directs individual and corporate tax return forms to contain a provision allowing a donation from a tax refund for the support of music festivals held in the historic Greenwood District.

-SB 38 by Sen. Clark Jolley, modifies the Oklahoma Vehicle License and Registration Act.

-SB 216 by Sen. Susan Paddack, creates a Task Force on the Collection, Distribution and Enforcement of Municipal Sales Tax.

-SB 286 by Sen. Patrick Anderson, creates the Municipal Tax Enforcement Revolving Fund in the State Treasury for the Oklahoma Tax Commission.

-SB 392 by Sen. Clark Jolley, allows a credit with respect to the fee for registration of a vehicle which is a replacement for a vehicle which was destroyed by a flood on June 14, 2010.

-SB 567 by Sen. Patrick Anderson, requires the Council on Law Enforcement Education and Training to establish and include evidence-based domestic violence and stalking investigation training.

-SB 731 by Sen. David Myers, creates the Oklahoma Quality Jobs Program Act.

-SB 757 by Sen. Mike Schulz, lowers from $150 to $75 the annual fee for coin-operated amusement devices and vending machines.

-SB 825 by Sen. Susan Paddack, provides for payment of tuition or resident tuition under the Oklahoma Higher Learning Access Program for any student who was a resident in a nonprofit residential child care facility licensed pursuant to the Oklahoma Child Care Facilities Licensing Act for at least one year during grades eight through 10 for a student enrolled in a public or private school, or between the ages of 13 and 15 for a student who is educated by other means.

-SB 935 by Sen. Brian Bingman, provides an ad valorem tax exemption for an entity which has been granted an exemption for a time period which included calendar year 2009 but which did not meet the base-line payroll requirements during calendar year 2009.

-SB 949 by Sen. Jonathan Nichols, creates the Oklahoma Sports Eye Safety Program Act.

Thursday, April 14

• The Senate met Thursday, approving the following measures:


-HB 1672 by Rep. Lisa Billy, states that when a judge of a drug court enters a stay against an order by the DPS suspending or revoking driving privileges, the time period is allowed to run during the stay.

-HB 1421 by Rep. Dennis Casey, requires any student receiving an Oklahoma Higher Learning Access Program award past the 2011-2012 year to maintain satisfactory academic progress as required for eligibility for federal Title IV financial aid programs.

-HB 1594 by Rep. Steve Martin, provides definitions for terms relating to property.

-HB 1649 by Rep. Marty Quinn, includes unclassified employee positions to the Oklahoma State Bureau of Investigation.

Other News


• The Legislature met in joint session on Tuesday in Honor of Oklahoma’s 45th Infantry Division of the Oklahoma National Guard. Governor Mary Fallin along with the legislature officially recognized April 12th as Oklahoma’s 45th Infantry Division Day.