The Oklahoma Senate

Week In Review
Monday, April 18 to Wednesday, April 20, 2011

Monday, April 18

• The Senate approved the following measures on Monday:

-HB 1439 by Rep. Steven Vaughn, expands language related to the use of defensive force that is intended or likely to cause death or great bodily harm, allowing an owner, manager or employee of a business to use such force.

-HB 1598 by Rep. Steve Martin, establishes that a real estate licensee has no duty to independently investigate or measure the dimension, size or square footage of any real estate or the improvements located on the real estate.

-HB 1227 by Rep. Pat Ownbey, transfers governance, supervision, management and control and all assets and responsibilities of the Ardmore Higher Education Program from the Board of Trustees of the Ardmore Higher Education Program to the Regional University System of Oklahoma.

-HB 1075 by Rep. Tom Newell, requires 5 percent of all partial payments made in a public construction project be withheld as retainage.

-HB 1269 by Rep. Ann Coody, requires all public school reading teachers who teach kindergarten through third grade to incorporate into instruction the five elements of reading instruction, which are phonemic awareness, phonics, reading fluency, vocabulary and comprehension.

-HB 1358 by Rep. Ron Peters, modifies language related to the issuance of protective orders, directing that if a defendant is incarcerated, the order is to remain in full force and effect during the incarceration and it shall not be included in the calculation of the three-year time limitation for the order.

-HB 1366 by Rep. Weldon Watson, creates the Oklahoma Municipal Energy Independence Act, allowing a municipal governing body by ordinance to establish a municipal energy district authority as a public trust.

-HB 1391 by Rep. Paul Roan, modifies language related to the Department of Public Safety.

-HB 1397 by Rep. Doug Cox, directs the Department of Health to perform any and all health-related services within the scope of practice and as prescribed by state law, the Board of Health or other standards.

-HB 1471 by Rep. Don Armes, directs the State Board of Veterinary Medical Examiners to consist of five licensed veterinarian members, the state veterinarian, one lay person representing the general public and a registered veterinarian technician.

-HB 1504 by Rep. Colby Schwartz, adds the Accreditation Commission for Health Care among those entities that may issue complaints regarding home care agencies.

-HB 1595 by Rep. Steve Martin, requires the duty and obligation of the sub state planning district to hold in a separate escrow account all fees paid on behalf of counties in its region that have not assessed a 9-1-1 emergency wireless telephone fee until such time as the county votes to assess the fee or develop wireless 9-1-1 service.

-HB 1692 by Rep. Todd Russ, states legislative intent that boards of county commissioners and municipal governing bodies should be given flexibility in deciding whether to establish a separate floodplain board for the respective areas of jurisdiction or whether to exercise the authorities and duties set forth in the Oklahoma Floodplain Management Act directly.

-HB 2033 by Rep. Daniel Sullivan, modifies language related to the Standards for Workplace Drug and Alcohol Testing Act.

• Senate committees took no action on bills Monday.

• The House met Monday approving the following measures:

-SB 541 by Sen. Anthony Sykes, creates the Oklahoma Innovation, Efficiency and Accountability Act of 2011.

-SB 186 by Sen. Cliff Aldridge, recreates the Polygraph Examiners Board.

-SB 193 by Sen. Mike Schulz, modifies reference from the Interstate Commerce Commission to the Surface Transportation Board.

-SB 239 by Sen. Josh Brecheen, requires that when a petition is to be circulated on a question that would require additional taxes or assessments if approved by voters, a notice of circulation of the petition must be filed with the county clerk prior to the petition being circulated for signatures.

-SB 246 by Sen. Sean Burrage, increases from $5,000 to $20,000 the amount an heir can receive from a bank or credit union in the name of a sole individual without designation of a payable-on-death beneficiary.

-SB 267 by Sen. David Holt, adds the economic impact of the acquisition on the Oklahoma economy or any local community economy to the definition of “best value criteria” as used in the Oklahoma Central Purchasing Act.

-SB 270 by Sen. Sean Burrage, requires any person who performs any audit to do so in accordance with Statements on Auditing Standards, any review of a financial statement performed in accordance with the Statements of Standards for Accounting and Review Services.

-SB 272 by Sen. Gary Stanislawski, prohibits a vehicle manufacturer to charge back a vehicle dealer upon audit or otherwise for failure of the dealer to substantiate that a purchaser completed title and vehicle registration following taking possession of a new vehicle upon sale if the dealer has written proof of sale of the vehicle.

-SB 325 by Sen. Patrick Anderson, modifies the definition of “all-terrain vehicle” under the Oklahoma Vehicle License and Registration Act and adds a definition of “recreational off-highway vehicle.”

-SB 397 by Sen. Gary Stanislawski, requires that courses and programs offered online for continuing education credit provided by insurance companies to insurance producers and customer service representatives or by professional associations be designed to present materials in a certain way.

-SB 412 by Sen. Bill Brown, requires any entity that provides health insurance to accept the Health Care Authority right of recovery and the assignment of rights and to not charge the authority or any of its authorized agents any fees for the processing of claims or eligibility requests.

-SB 416 by Sen. Susan Paddack, modifies the duties of the Council on Law Enforcement Education and Training to include the approval of law enforcement agencies and police departments when an entity authorized by statute or the Constitution is authorized to create a law enforcement agency or police department and commission, appoint or employ officers that first creates or reactivates an inactive law enforcement agency or police department and first begins to commission, appoint or employ officers after Nov. 1, 2011.

-SB 426 by Sen. Bill Brown, permits the governing body of a technology center to delegate approval of change orders up to $40,000 or 10 percent of any contract, whichever is less, to the chief administrative officer or their designee with any approved change orders reported to the governing body at the next regularly scheduled meeting.

-SB 521 by Sen. Brian Crain, defines an “interest in real estate” as any estate or interest in, over or under land, including surface, minerals, structures and fixtures.

-SB 530 by Sen. Sean Burrage, allows a person who has a lien upon a domestic animal to foreclose upon the lien while lawfully in possession of the animal.

-SB 536 by Sen. Gary Stanislawski, creates a Task Force on Creating Administrative Efficiencies.

-SB 633 by Sen. Anthony Sykes, changes from classified to unclassified personnel appointed as state employees in the Military Department.

-SB 673 by Sen. Clark Jolley, modifies the requirements for conducting an audit of pharmacy.

-SB 782 by Sen. Mike Mazzei, extends from Nov. 1 to Dec. 1 the date by which the legislative actuary must complete an actuarial investigation of a retirement bill having a fiscal impact.

-SB 854 by Sen. Jim Halligan, establishes requirements for the person responsible for a jail’s administration to administer medications and establishes certain procedures and record-keeping requirements.

-SB 895 by Sen. Ralph Shortey, permits the director of the Oklahoma State Bureau of Investigation to appoint special officers that have enforcement authority related to the larceny of oil field equipment.

-SB 959 by Sen. Bill Brown, creates the Unauthorized Insurers and Surplus Lines Insurance Act.


• House committees met Monday and approved the following legislation:

-HB 2145 by Rep. Kris Steele, creates the State House of Representatives Redistricting Act of 2011 and repeals the State House of Representatives Redistricting Act of 2001.


Tuesday, April 19

• The Senate approved the following bills on Monday:

-HB 2132 by Rep. Kris Steele, creates the Truth in Funding Act.

-HB 1593 by Rep. Steve Martin, repeals the Oklahoma Municipal Collective Bargaining Act.

-HB 1456 by Rep. Lee Denney, directs the State Board of Education to prepare annual reports of the results of the Oklahoma School Testing Program that describe student achievement in the state, each school district and each school site.

-HB 1414 by Rep. Gus Blackwell, creates the Council on Judicial Complaints Revolving Fund.

-HB 1002 by Rep. Randy McDaniel, removes reference to the Reserve for Investment Fluctuations Fund and the Membership Annuity Reserve Fund from the list of assets under the Teachers’ Retirement System.

-HB 1209 by Rep. Dan Kirby, exempts from liability for damages, except acts of gross negligence or willful or wanton negligence, any physician acting as a ring official at an event sanctioned by the Oklahoma State Athletic Commission who renders or attempts to render emergency care to an injured participant in need of immediate medical aid.

-HB 1226 by Rep. Pat Ownbey, requires any portion of real property acquired by a state entity by eminent domain that is unused within 15 years to be offered for resale to the original owner or heirs at the appraised value or original price at which the property was acquired, whichever is less.

-HB 1243 by Rep. Randy McDaniel, modifies language related to licenses issued by the Oklahoma Insurance Department.

-HB 1283 by Rep. David Dank, modifies language related to the salary of county officers, allowing instead of requiring that all salaries be increased from the applicable basic salary.

-HB 1284 by Rep. David Dank, requires any tax credit to be reported to the Oklahoma Tax Commission and the Oklahoma Insurance Department on or before the 20th day of the month after the calendar quarter in which an act occurs that allows the tax credit to eventually be claimed.

-HB 1319 by Rep. Harold Wright, creates the Mark McGee Act of 2011.

-HB 1438 by Rep. T.W. Shannon, establishes the Oklahoma State Government Asset Reduction and Cost Savings Program.

-HB 1473 by Rep. Don Armes, removes a requirement that exported cervidae originating from an Oklahoma county where chronic wasting disease exists in free-ranging native herds be double fenced.

-HB 1474 by Rep. Don Armes, increases from $250 to $1,500 the penalty for willfully entering a facility licensed under the Oklahoma Farmed Cervidae Act or a commercial hunting area.

-HB 1489 by Rep. David Brumbaugh, modifies the Taxpayer Transparency Act.

-HB 1549 by Rep. Sally Kern, allows individuals to bring a civil action against the producer, promoter or intentional possessor of child pornography if a criminal offense resulted in a conviction and any portion of the offense was used in the production of child pornography when the person caused personal or psychological injury as a result.

-HB 1559 by Rep. Fred Jordan, modifies the exceptions to attorney-client privilege communication.

-HB 1586 by Rep. Todd Thomsen, modifies the Uniform Athlete Agents Act.

-HB 1664 by Rep. Leslie Osborn, removes language requiring the ballot title of an initiative petition to the Legislature to be written on the eighth grade reading comprehension level.

-HB 1744 by Rep. Jason Nelson, modifies the Lindsey Nicole Henry Scholarships for Students with Disabilities Program, clarifying that it provides an option of attending a public school other than the one the student is assigned.

-HB 1821 by Rep. John Trebilcock, creates the Exploration Rights Act of 2011.

-HB 1852 by Rep. Jabar Shumate, directs the Oklahoma Tax Commission to include on state individual and corporate tax return forms for tax years beginning after Dec. 31, 2011, an opportunity for a taxpayer to donate to the Public School Classroom Support Revolving Fund created in the bill.

-HB 1918 by Rep. Ann Coody, requires the Oklahoma Commission for Teacher Preparation to develop and administer mathematics professional development programs to be provided to any teacher who became licensed or certified to teach in elementary education or early childhood education prior to July 1, 2001, and is serving as a teacher in public school in this state in kindergarten through third grade, subject to the availability of funds.

-HB 2032 by Rep. Daniel Sullivan, modifies language related to counties establishing retirement funds, changing reference to a minimum 500,000 population to a 625,000 population.

-HB 2049 by Rep. Lewis Moore, designates State Highway 66 as the “Historic Route 66 Bike Trail.”

-HB 2072 by Rep. Charles Key, requires the insurance commissioner to review and analyze each application requesting to be admitted to transact insurance in the state.

-HB 2075 by Rep. Glen Mulready, defines “eligible employer” under the Employer Health Insurance Purchasing Group Act as an employer with no more than 75 employees.

-HB 2115 by Rep. Jeff Hickman, adds school districts that have entered into a mutual contract with a superintendent to the districts to which the Oklahoma School Consolidation and Annexation Act applies.


• Senate committees approved no measures on Tuesday.


• The House convened Tuesday, approving the following bills:

-SB 763 by Sen. Clark Jolley, creates within the Office of the Attorney General an Office of Civil Rights Enforcement to assume all functions, duties, contracts and responsibilities of the Oklahoma Human Rights Commission.

-SB 837 by Sen. Clark Jolley, modifies language related to discriminatory practices in employment, housing and public accommodations.

-SB 658 by Sen. Clark Jolley, creates a task force to study and identify amendments and modifications to laws relating to low-point and high-point beer and wine sold in grocery stores.

-SB 328 by Sen. John Ford, states legislative intent that the current Oklahoma Election Management System be replaced with a new system consistent with the federal Help America Vote Act.

-SB 175 by Sen. Patrick Anderson, allows the Oklahoma Homeland Security Director to employ a state 9-1-1 coordinator to oversee the 9-1-1 systems of Oklahoma.

-HB 1527 by Rep. Kris Steele, creates the Oklahoma Congressional Redistricting Act of 2011.

-SB 60 by Sen. Kim David, requires the Joint Legislative Task Force on the Grand River Dam Authority to meet at least once biennially during the first session of each new legislature.

-SB 95 by Sen. Eddie Fields, modifies the exemption given persons transporting horses or livestock from being detained for weighing purposes.

-SB 110 by Sen. David Myers, removes the sunset date for the Waterworks and Wastewater Works Advisory Council.

-SB 124 by Sen. Ron Justice, prohibits eminent domain from being used for the building of wind turbines on private property.

-SB 169 by Sen. David Myers, increases from 1.5 cents to 2 cents the per-bushel fee on all wheat marketed by wheat producers in the state and sold through commercial channels.

-SB 180 by Sen. Susan Paddack, allows the Department of Corrections to contract with physicians and other providers of inpatient and outpatient health care services, as necessary to deliver health care beyond the professional capabilities of the agency.

-SB 216 by Sen. Susan Paddack, creates a task force on the collection, distribution and enforcement of municipal sales tax for the purpose of examining the current process by which the Tax Commission assesses, collects and distributes sales and use tax to local jurisdictions which levy the tax.

-SB 252 by Sen. Eddie Fields, directs school districts to promulgate a statement regarding the felony record search policy for that district.

-SB 275 by Sen. Eddie Fields, permits federal grant money applied for on behalf of a school district to be disbursed directly to an interlocal cooperative with the consent of the schools districts that comprise the interlocal agreement.

-SB 278 by Sen. Gary Stanislawski, modifies the definition of textbooks to include equipment required to make use of technology-based educational materials.

-SB 280 by Sen. Gary Stanislawski, eliminates the requirement of ongoing weekly telephonic communication between teacher and student and monthly telephonic communication between teacher and parent from the rules the State Board of Education is required to adopt for the implementation of online courses.

-SB 408 by Sen. Susan Paddack, implements a $150 reinstatement fee for any person seeking reinstatement as a police or peace officer whose CLEET certification was revoked, suspended or voluntarily surrendered for any reason, including failure to comply with mandatory education and training requirements.

-SB 487 by Sen. Andrew Rice, creates the Oklahoma Bicycle Safety Awareness Act.

-SB 495 by Sen. Roger Ballenger, repeals language relating to contracting for jail facilities with the county commissioners of an adjoining county when a county jail is not in a condition to be used.

-SB 587 by Sen. Brian Bingman, extends from July 1, 2011, to July 1, 2016, the requirement that the Corporation Commission Plugging Fund be maintained at $5 million.

-SB 593 by Sen. Rick Brinkley, grants a port authority full power and authority to apply for the right to establish and maintain foreign trade zones within the limits prescribed by the U.S. Foreign Trade Zones Board.

-SB 679 by Sen. Clark Jolley, adds county or municipal jails to the place at which certified medication aides are eligible to distribute certain medications or treatments.

-SB 684 by Sen. Anthony Sykes, exempts those managing or leasing affordable housing development projects in accordance with federal guidelines from licensing requirements under the Oklahoma Real Estate License Code.

-SB 816 by Sen. Dan Newberry, prohibits a board of county commissioners and or the Department of Transportation from opening a section of highway on land crossed by the segment of section line located within the boundaries of property proposed for construction of a new or expanded business facility.

-SB 206 by Sen. John Ford, creates a P-20 Council Task Force for the purpose of studying the feasibility, value and structure of a P-20 Council or educational partnership that would ensure a seamless system of education from early childhood education through elementary, secondary, post secondary or career technology education.

• House committees approved no measures on Tuesday.


Wednesday, April 20

• The Senate approved the following measures on Wednesday:

-HB 1675 by Rep. Lisa Billy, modifies monetary balance limitations for the Attorney General’s Evidence Fund.

-HB 1665 by Rep. Leslie Osborn, removes a provision requiring all state agencies to allocate 1.5 percent of all capital projects to the Oklahoma Historical Society for the purpose of funding the Oklahoma Art in Public Places Act for years 2012, 2013 and 2014.

-HB 1658 by Rep. John Enns, provides a definition of “certified chiropractic assistant.”

-HB 1363 by Rep. Ron Peters, creates the Oklahoma Choices for Long-Term Care Act.

-HB 1360 by Rep. Ron Peters, allows the attorney assigned to represent a child to substitute his or her judgment if the child is incapable.

-HB 1486 by Rep. Richard Morrissette, creates a council to investigate the use of woody biomass taken from Eastern Red Cedar Trees and used to fuel special furnaces place in correction facilities.

-HB 2131 by Rep. Kris Steele, allows multiple sentences to be served concurrently unless dictated otherwise.

-HB 1211 by Rep. Dan Kirby, increases the punishment for persons who have knowingly allowed an individual under 21 years of age to consume any alcoholic beverage on any property owned by the person.

-SCR 13 by Sen. Brian Bingman, calls on the United States Congress to adopt legislation prohibiting the EPA from regulating greenhouse gas emissions.

-HB 1348 by Rep. Tom Newell, allows taxidermy specimen to be sold at estate sales only if it is personal property of the owner of the estate and the Director of Wildlife Conservation grants written approval.

-HB 1347 by Rep. Tom Newell, creates the Wildlife Bail Procedure Act.

-HB 1736 by Rep. Pam Peterson, gives commissioned employees of the Department of Human Services the right to investigate Medicaid eligibility and recipient fraud.

-HB 1556 by Rep. Fred Jordan, makes altering or destroying certain public records a punishable offense.

-HB 1062 by Rep. Dustin Roberts, amends sections of the act relating to state government allowing legislators to opt out of state-provided health insurance benefits.

-HB 1398 by Rep. Paul Wesselhoft, appropriates funds received from the federal Unemployment Compensation Modernization Transfer to the Employment Security Administration Fund.

-HB 1212 by Rep. Dan Kirby, requires that participants in certain State Athletic Commission events not be infected with the HIV, the Hepatitis B virus or the Hepatitis C virus.

-HB 1800 by Rep. Sue Tibbs, allows the release of information from the OSBI for the purpose of advising crime victims or families of homicide victims regarding pending investigations.

-HB 1202 by Rep. Scott Inman, modifies the notice period relating to any contract or agreement imposing a binding legal obligation on the purchaser in connection with the offer or sale of a business opportunity.

-HB 1512 by Rep. Guy Liebmann, creates the Deferred Maintenance Revolving Fund for the DCS for the continual upkeep of Capitol property.

-HB 1831 by Rep. Glen Mulready, modifies definitions relating to real estate appraisers.

-HB 1604 by Rep. Aaron Stiles, modifies guidelines for seizing property.

-HB 1776 by Rep. Sean Roberts, requires all candidates allowed to receive the maximum contribution of $5,000 to file a contribution report with the Ethics Commission either on paper or electronically.

-HB 1798 by Rep. Sue Tibbs, states that it is unlawful for any person to create any dangerous substance by cooking, burning, extracting or converting marijuana into any hashish-like substance.

-HB 1507 by Rep. Colby Schwartz, creates Aaron’s Law.

-HB 1267 by Rep. Earl Sears, renames the Race to the Top Commission as the Teacher and Leader Effectiveness Commission.

-HB 1229 by Rep. Pat Ownbey, changes the language from “of” to “exceeds” in regards to the size of a vehicle or combination of vehicles.

-HB 1575 by Rep. Scott Martin, allows the use of a certain amount of gray water for certain purposes without a permit.

-HB 1308 by Rep. Phil Richardson, provides the purpose and requirements for the Department of Environmental Quality.

Other News


• On Friday, Gov. Fallin declared a State of Emergency for the following 26 counties due to the severe weather of April 14, 2011: Atoka, Carter, Coal, Creek, Custer, Delaware, Harper, Johnston, Latimer, LeFlore, Lincoln, Love, Marshall, Murray, Okfuskee, Okmulgee, Osage, Pittsburg, Pontotoc, Pushmataha, Rogers, Seminole, Tulsa, Wagoner, Washington, Woodward.
• On Tuesday, State A.G. Scott Pruitt announced that the Emergency Price Stabilization Act, a state law that prohibits price gouging during an emergency is now in effect in those 26 counties. The price gouging statute prohibits an increase of more than 10 percent in the price of most goods and services when a state of emergency has been declared and remains in effect for 30 days after the emergency for goods, services, dwelling units or storage space.

• On Tuesday, the Senate honored Miss Oklahoma 2010 Emoly West with Senate Resolution 17. West won a preliminary Swimsuit Award and placed 4th runner-up to Miss America 2011. Her platform has been Leadership and Character Development. She is a certified “Character Coach”, and her goal as Miss Oklahoma is to help others realize how their every day choices can have a direct impact on their lives and those around them. After being home-schooled, she attended UCO and majored in dance performance and minored in broadcast journalism. She is the daughter of Jack and Stephanie West.

• Thursday, State Treasurer Ken Miller announced the receipt of Oklahoma’s annual tobacco settlement payment. Miller said more than $75.9 million was received from the tobacco industry, 75 percent of which went directly into the Tobacco Settlement Endowment Trust Fund. Just less than $57 million of the payment was deposited in Oklahoma’s Tobacco Settlement Endowment Trust Fund, which now has a balance of more than $647 million. The remainder is made available for appropriation by the Legislature.