The Oklahoma Senate

Week In Review
Monday, Feb. 20 to Thursday, Feb. 23, 2012

Monday, February 20

• The Senate approved one bill Monday:

-SB 1050 by Sen. Greg Treat, removes certain tribal authority regarding environmental regulatory agencies.


• Senate committees approved the following measures Monday:

-SB 1185 by Sen. Susan Paddack, creates the School Administrator Professional Development Pilot Program.

-SB 1409 by Sen. John Ford, directs the State Board of Education to develop criteria for approval of providers.

-SB 1444 by Sen. Frank Simpson, transfers control of the Ardmore Higher Education Program to the Regional University System of Oklahoma.

-SB 1774 by Sen. Charles Laster, allows private educational institutions to charge certain fees on credit card transactions.

-SB 1797 by Sen. Clark Jolley, creates the Commission for Education, Instruction Quality and Accountability.

-SB 1816 by Sen. Gary Stanislawski, creates the statewide chartering commission.

-SB 1818 by Sen. Jim Halligan, requires four years of mathematics in order to graduate high school.

-SB 1863 by Sen. Steve Russell, creates the Post-Military Service Occupation, Education and Credentialing Act.

-SB 1879 by Sen. John Ford, modifies eligibility for National Board Certification bonuses.

-SB 1129 by Sen. Susan Paddack, delays the date by which the Department of Human Services must submit a plan to change or discontinue operations of state-administered resource centers.

-SB 1525 by Sen. Clark Jolley, permits the secretary of environment to take certain actions to promote compliance with federal law protecting endangered species and candidate species in a manner consistent with Oklahoma’s economic development and fiscal responsibility.

-SB 1539 by Sen. Josh Brecheen, permits the Department of Corrections to accept and process agricultural products from the public and to export the resulting products to foreign markets.

-SB 1751 by Sen. Josh Brecheen, adds the definition of the “Judas pig tagging system” to the Feral Swine Control Act.

-SB 1051 by Sen. Greg Treat, allows counties to participate in any competitively bid nationwide purchasing program.

-SB 1215 by Sen. Roger Ballenger, requires purchases by any board of trustees of any emergency medical district to be made in accordance with bidding requirements provided in Oklahoma statutes related to expenditures of county government.

-SB 1450 by Sen. Rick Brinkley, requires a certified copy of the death certificate of the owner of the property if any person claims an interest in any property delivered to the state treasurer in which the owner of the property is determined to be deceased if the value of the property is $5,000 or more.

-SB 1544 by Sen. Ralph Shortey, exempts a reserve special agent with the Oklahoma Bureau of Narcotics and Dangerous Drugs Control from the prohibition that no person holding an office under the laws of the state and no deputy of any officer may during their term of office hold any other office or be the deputy of any officer holding any office under the laws of Oklahoma.

-SB 1798 by Sen. Gary Stanislawski, exempts collisions occurring on private property from the requirement of filing reports with the Department of Public Safety.

-SB 1041 by Sen. Ron Justice, modifies language related to notice of public construction contracts, clarifying that when notice is required to be sent to an in-state trade or construction publication, the notice publication in a newspaper must recite the name of the publication selected for notification.

-SB 1425 by Sen. Josh Brecheen, directs the Oklahoma Department of Emergency Management in conjunction with certain agencies and organizations to develop legislative recommendations to enact a program incorporating certain guidelines to allow the onsite burning of storm debris on private property.

-SB 1083 by Sen. Don Barrington, requires certain state agencies to provide or contract to provide debriefing and counseling services for state employees who are affected by violent or traumatic events that occur in the workplace.

-SB 1277 by Sen. Kim David, adds a definition of licensed alcohol and drug counselor under the Licensed Alcohol and Drug Counselors Act.

-SB 1279 by Sen. Kim David, modifies the definition of “professional service” under the Professional Entity Act.

-SB 1401 by Sen. Rick Brinkley, requires nursing home facilities and specialized facilities without emergency power generators to provide a written disclosure to any resident or resident’s caregiver upon admittance to the facility stating the facility does not have an emergency power generator.

-SB 1578 by Sen. Harry Coates, authorizes the Board of Chiropractic Examiners to promulgate rules and set fees for a temporary license.

-SB 1580 by Sen. Kim David, adds an at-large member to be appointed by the governor to the State Anatomical Board.

-SB 1592 by Sen. Clark Jolley, defines physical therapy as care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to the Physical Therapy Practice Act.

-SB 134 by Sen. Kim David, permits a physician assistant licensed to practice in Oklahoma, another state or credentialed by a federal employer to respond to medical care during an emergency that the assistant is capable of providing under the supervision of a physician and exempts them from liability for damages as a result of any acts or omissions except gross negligence or willful or wonton wrongs in rendering care.

• The House met Monday, approving the following measures:

-HB 2573 by Rep. Pat Ownbey, clarifies that a person may not catch by any means or method upon the land of another without consent of the owner, lessee or land occupant.

-HB 2264 by Rep. Doug Cox, transfers from the State Board of Health to the Oklahoma Department of Agriculture, Food and Forestry the duty to issue licenses for an establishment maintained and operated by public funds for the confinement, care and disposal of animals seized by public authority, or a dog pound.

-HB 2278 by Rep. Randy Grau, modifies language related to the Pretrial Release Act, allowing a judge to order as a condition of pretrial release the use or participation in any monitoring or testing, including but not limited to a Global Positioning System monitoring device and urinalysis testing.

-HB 2511 by Rep. Ann Coody, removes reference to the State Board of Education’s approval of not more than three screening instruments to measure reading skills.

-HB 2727 by Rep. Scott Inman, directs school districts to adopt policies that set forth the maximum number of days a substitute teacher may be employed for the same assignment if he or she does not hold a valid certificate.

-HB 2401 by Rep. Wade Rousselot, modifies language related to grandparent visitation rights, stating that upon filing of a verified petition for visitation rights, the court is to order an initial mediation.

-HB 2587 by Rep. Charles Joyner, increases from five to 25 the number of Oklahoma licensed dentists per year to be provided educational loan repayment assistance under the Dental Loan Repayment Program.

-HB 2750 by Rep. Dan Kirby, authorizes a school superintendent or principal to order the removal of any individual attending an official school activity or field trip where the students are present when the superintendent or principal determines that a threat to the peaceful conduct of students exists.

-HB 2786 by Rep. Charles Ortega, modifies language related to the Oklahoma Swine Feeding Operations Act, directing the Department of Agriculture, Food and Forestry to develop a record retention schedule for certain records.

-HB 2899 by Rep. Danny Morgan, authorizes the director of the Oklahoma State Bureau of Investigation to appoint special officers that shall have enforcement authority related to the investigation of oil and gas industry crimes including the larceny of equipment, property, supplies or products.


• House committees approved numerous measures this week, including the following:

-HB 2976 by Rep. David Dank, prohibits a tax credit for any legal entity engaged or proposing to engage in the recycling, reuse or source reduction of any hazardous waste from being utilized for any period after June 30, 2014, unless reauthorized by the Legislature.

-HB 2565 by Rep. Paul Wesselhoft, prohibits a private employer from terminating the employment of a permanent employee who is a member of the state military forces of Oklahoma or any other state because the employee is ordered to authorize training or duty by proper authority.

-HB 2736 by Rep. Ron Peters, directs the Department of Human Services to outsource the provision of foster care, emergency foster care, therapeutic foster care, contracted foster care, kinship foster care, other out-of-home foster placements and related services.

-HB 2251 by Rep. Pam Peterson, provides a definition of “drug-endangered child” within the Oklahoma Children’s Code.

-HB 2735 by Rep. Ron Peters, removes language authorizing the Commission on Children and Youth to establish a system of certification for shelters managed and operated by the Department of Human Services.

-HB 2388 by Rep. Guy Liebmann, directs the Department of Human Services to require a drug test to screen each individual who applies for Temporary Assistance for Needy Families.

-HB 2380 by Rep. Josh Cockroft, allows all staff of a juvenile facility and any other law enforcement personnel working within the institution to, upon the approval of the superintendent of the institution, to be served the same meals served to the youth with such institutions at no cost to the personnel.

-HB 2585 by Rep. Randy McDaniel, directs the Oklahoma Commission on Children and Youth to establish services for the children of incarcerated parents, stating that duties designed to improve the lives of children of incarcerated parents includes coordinating research, creating a resource clearinghouse and developing an education toolkit describing services available to children of incarcerated parents.

-HB 2709 by Rep. Richard Morrissette, prohibits a person awaiting home-based or community-based services from the Developmental Disabilities Services Division of the Department of Human Services who has been determined eligible and placed on the statewide waive request waiting list from being removed from the list due to an increase in annual income or assets of the person or family of the person that is no more than $1,000 for each year the person is on the list.

-HB 2839 by Rep. Scott Martin, requires the Department of Human Services to contact all tribal entities involved in gaming in the state in order to determine whether the tribal entity will assist DHS in the collection of child support arrearages through garnishment of winnings in a tribal casino.

-HB 2305 by Rep. Wes Hilliard, increases the percentage of certain fees and civil penalties collected by the Department of Consumer Credit that are deposited in the Consumer Credit Administrative Expenses Revolving Fund.

-HB 2391 by Rep. Guy Liebmann, modifies apportionment of the 1 cent per gallon assessment on motor feul used or consumed in the state, replacing the allocation to higher education facilities with the Weigh Station Improvement Revolving Fund.

-HB 2398 by Rep. Wade Rousselot, prohibits the Grand River Dam Authority Board of Directors from increasing rates or charges or adding additional rates or other charges for five years to allow for a comprehensive study to be conducted relating to the powers and duties of the GRDA to control, store, use, distribute and sell waters of the Grand River and its tributaries.

-HB 2496 by Rep. Tommy Hardin, directs the operator of a commercial injection or disposal well or the operator of a service that applies deleterious substances to land sites to collect an additional fee on any deleterious substance that originated in another state that is disposed or in the injection or disposal well or the land site.

-HB 2523 by Rep. Steve Martin, establishes a one-day fishing license for nonresidents for a $14 fee.

-HB 2533 by Rep. R.C. Pruett, prohibits a person from trapping, capturing, possessing, transporting, relocating or euthanizing any nuisance wildlife for commercial purposes under rules promulgated by the Oklahoma Wildlife Conservation Commission without first procuring a nuisance wildlife control operator permit.

-HB 2712 by Rep. Mike Jackson, directs the commissioner of public safety for the fiscal year ending June 20, 2013, to charge a minimum permit fee of $30 for any permit issued for excess size, weight and load.

-HB 2867 by Rep. Mike Shelton, prohibits a person who has been convicted of a felony from being eligible for a permit to sell low-point beer unless a period of three years has elapsed since the completion of the sentence imposed for the felony.

-HB 2289 by Rep. Randy Grau, clarifies language related to licensing private process servers.

-HB 2978 by Rep. David Dank, requires any measure providing for a tax credit to contain provisions pursuant to which any member of the public can determine the identity of any person or entity that benefits from the tax to be reduced.

-HB 2486 by Rep. Dennis Ray Casey, modifies the definition of special event as it relates to sales tax permits.

-HB 2616 by Rep. Dennis Johnson, provides a sales tax exemption on the sale of durable medical equipment when administered or distributed by a practitioner and removes previous language regarding a tax exemption for durable medical equipment.

-HB 2638 by Rep. Colby Schwartz, exempts an entity from being required to file the Business Activity Tax report if the gross revenue of the entity was $5,000 or less for 12 months preceding the date the Business Activity Tax would otherwise be payable.

-HB 2710 by Rep. Mike Jackson, creates the Oklahoma Tax Analysis Act of 2012.

-HB 2936 by Rep. John Trebilcock, creates a credit against a certain tax for any individual taxpayer who holds a valid license or certificate issued by the State Board of Education and is employed as a public school teacher for any monies expended by the teacher for materials, supplies or equipment used in the classroom of a public school in this state.

-HB 2975 by Rep. David Dank, allows an additional $5,000 deduction from the adjusted gross income for each person age 65 or older.

-HB 3069 by Rep. Joe Dorman, modifies the definition of basic industry under the Oklahoma Quality Jobs Program Act.

-HB 2296 by Rep. Eric Proctor, exempts owners of manufactured mobile home parks and recreational vehicle parks who provide access to the park office as a shelter in times of severe weather from liability for any civil damages to any person using the office as shelter during severe weather if the owner was acting in good faith and the damage or inury was not caused by willful or wanton negligence or misconduct by the owner.

-HB 2419 by Rep. John Enns, exempts from liability for civil damages the owner of a storm shelter in times of severe weather if the owner was acting in good faith and the damage sustained was not caused by willful or wanton negligence or misconduct of the owner.

-HB 2317 by Rep. Charles Key, removes language prescribing specific penalties to be assessed by the commissioner of labor regarding violations for not having workers’ compensation insurance.

-HB 2255 by Rep. Ben Sherrer, creates the Patriot Guard Funeral Procession Act.

-HB 2277 by Rep. Randy Grau, modifies language related to attorney-to-client privilege, stating that an agreement on the effect of disclosure in a state court proceeding is binding only on the parties to the agreement, unless it is incorporated in a court order.

-HB 2286 by Rep. Emily Virgin, moves but does not change or amend language related to the treatment in divorce cases of disposable retired or retainer pay payable to a military member.

-HB 2329 by Rep. James Lockhart, prohibits any person convicted of arson-related crimes from working or volunteering as a firefighter in the state.

-HB 2433 by Rep. Paul Roan, modifies language regarding the use of a motor vehicle or motor-driven cycle usually distinguished as a law enforcement vehicle, stating that is a misdemeanor to use such a vehicle which, by markings that conform to imitate the markings used by the Oklahoma Highway Patrol Division of the Department of Public Safety, conveys to any person the impression or appearance that it is a Highway Patrol vehicle.

-HB 2631 by Rep. Al McAffrey, allows someone to file a motion for expungement if the offense was a violent felony, the person received a full pardon for the offense, no felony or misdemeanor charges are pending and at least 10 years have passed since the issuance or the pardon.

-HB 2734 by Rep. Richard Morrissette, allows a debtor with no family or other dependents who is disabled as determined by the Social Security Administration to claim an exemption from child support collection efforts.

-HB 2889 by Rep. Joe Dorman, requires the Oklahoma State Board of Health to promulgate rules for administrative enforcement procedures and fine structure relating to body piercing and tattooing.

-HB 2904 by Rep. Danny Morgan, removes language related to exemptions to the definition of land for the purpose of encouraging landowners to make land available for outdoor recreational purposes.

-HB 3074 by Rep. Joe Dorman, requires hospitals that furnish emergency medical or other service to any patient injured by an accident who is not covered by the Workers’ Compensation Code have a lien for the amount due for the emergency medical or other service upon any monies payable by the insurer to the injured person.

-HB 3091 by Rep. Corey Williams, states that a court that has discharged a youthful offender without a judgment of guilty and the charge has been dismissed with prejudice may order any law enforcement agency over which the court has jurisdiction to expunge all files and records pertaining to the arrest and conviction of the offender.


Tuesday, February 21

• The Senate approved the following measures on Tuesday:

-SB 1042 by Sen. Ron Justice, adds roofing materials and roofing material recycling facilities under consideration of the Oklahoma Solid Waste Management Act.

-SB 1316 by Sen. Ron Justice, allows for the use of a public facility to be open to the general public during emergencies.


• Senate committees approved the following bills on Tuesday:

-SB 1437 by Sen. Mike Mazzei, provides a maximum 5.5 percent tax for individuals for the 2008 tax year through the 2011 tax year.

-SB 1851 by Sen. Steve Russell, requires the Oklahoma Turnpike Authority to establish that a motorcycle will be charged as a class one single-axel vehicle and that the classification will be charged an amount less than a class two-axel vehicle.

-SB 1191 by Sen. Susan Paddack, creates the State Highway Modernization Task Force.

-SB 1640 by Sen. Bryce Marlatt, eliminates increased fines for second and subsequent toll violations, setting the monetary penalty at $25 per violation.

-SB 1641 by Sen. Bryce Marlatt, changes the way toll evasion notices are sent from registered mail to first class mail.

-SB 1378 by Sen. Brian Bingman, creates the Oklahoma Employee Injury Benefit Act.

-SB 1594 by Sen. Josh Brecheen, replaces language referring to a judicial verdict of not guilty by reason of insanity and replaces it with language referring to guilty but insane.

-SB 1758 by Sen. Anthony Sykes, permits a district attorney for any district who has reasonable cause to believe that an individual, with knowledge of its content, is engaged in sending a transmission or causing a transmission to be sent into Oklahoma containing obscene material or child pornographic content of the transmission.

-SB 963 by Sen. Bill Brown, authorizes a court to allow a payment schedule for fees and fines imposed on a person, excluding any person required to register pursuant to the Sex Offenders Registration Act, convicted and incarcerated in the state.

-SB 990 by Sen. Susan Paddack, adds a definition of “potential for abuse” to the Uniform Controlled Dangerous Substances Act.

-SB 1035 by Sen. Ron Justice, creates the Oklahoma Surface Use and Damages Act.

-SB 1246 by Sen. Brian Bingman, states that if a claimant in a workers’ compensation case is charged with workers’ compensation fraud, any pending workers’ compensation proceeding shall be stayed until the final disposition of the criminal case.

-SB 1366 by Sen. Tom Ivester, states that a health care proxy authorized to make medical decisions for another person applies to any health condition pursuant to the Advance Directives for Mental Health Treatment Act.

-SB 1453 by Sen. Josh Brecheen, creates the Protection Against Sexual Exploitation by a Mental Health Services Provider Act.

-SB 1520 by Sen. Brian Bingman, requires any person receiving disability benefits from an employer or the employer’s insurance carrier, regardless of whether proceedings have been initiated by filing a Form 3, to file with the Workers’ Compensation Court 12 months after the receipts of the first benefit.

-SB 1521 by Sen. Rob Johnson, states legislative intent that courts be guided by the policies of the Federal Trade Commission and its interpretations and those of the federal courts in construing the Oklahoma Consumer Protection Act.

-SB 1522 by Sen. Rob Johnson, removes language relating to the discharge or termination of group insurance.

-SB 1665 by Sen. Rob Johnson, creates the Energy Litigation Reform Act.

-SB 1761 by Sen. Anthony Sykes, modifies statutory references to the Oklahoma Governmental Tort Claims Act.

-SB 1771 by Sen. Rob Johnson, modifies language related to non-competition agreements in employment.

-SB 1780 by Sen. Brian Crain, clarifies language related to disaffirmance of contracts.

-SB 1830 by Sen. Clark Jolley, modifies requirements for admissibility of evidence related to product defects.

-SB 1831 by Sen. Clark Jolley, clarifies language related to the delivery of offers of judgment and counteroffers.

-SB 1853 by Sen. Ralph Shortey, provides that a person who knowingly commits any assault, battery or assault and battery on a uniformed armed or unarmed licensed security guard or a licensed private investigator while the person is in the performance of their duties will be punished by imprisonment in the county jail for up to six months or by a fine not exceeding $500.

-SB 1882 by Sen. Greg Treat, provides that the state or a political subdivision will not be liable if a loss or claim results from use of indoor outdoor school property and facilities made available for public recreation before or after normal school hours or on weekend or school vacations, except those claims resulting from willful and wanton acts of negligence.

-SB 1887 by Sen. Steve Russell, modifies references to dissolution of marriage in place of divorce.

-SB 1951 by Sen. Steve Russell, creates the Wounded Warrior Protection Act.

-SB 1953 by Sen. Jonathan Nichols, requires any judicial officer to report to the Council on Judicial Complaints any conduct that the officer believes may be a violation of the Code of Judicial Conduct.

-SB 1571 by Sen. Clark Jolley, sets a maximum tax rate of 5.25 percent for individuals and married individuals filing jointly for the taxable year starting Jan. 1, 2012.

-SB 1623 by Sen. Mike Mazzei, clarifies language regarding tax credits.

-SB 456 by Sen. Brian Bingman, modifies language related to exemptions of the state sales tax.

-SB 747 by Sen. Rick Brinkley, modifies language related to the Oklahoma Community Economic Development Pooled Finance Act.

-SB 1120 by Sen. Eddie Fields, modifies language related to the Oklahoma Alcoholic Beverage Control Act.

-SB 1234 by Sen. Mike Mazzei, limits a gross production tax exemption for the production of oil and gas from a horizontally drilled well to $50 million annually.

-SB 1392 by Sen. Brian Crain, creates the State Retirement Systems’ Reform Act of 2012.

-SB 1436 by Sen. Mike Mazzei, repeals a section of law related to the Franchise Tax Code.

-SB 1793 by Sen. Clark Jolley, eliminates the requirement that the emblem of the state flag of Oklahoma will be part of all license plates, except for personalized license plates and license plates for motorcycles and mopeds.

-SB 1935 by Sen. Mike Schulz, sets the annual license fee for each motor vehicle used for the purpose of transporting cotton modules from the point of production to the first point of delivery or cotton gin at $60.

-SJR 52 by Sen. Mike Mazzei, proposes a constitutional amendment prohibiting intangible personal property from being subject to ad valorem tax.


• The House met Tuesday, approving the following measures:

-HCR 1019 by Rep. Doug Cox, names the new building being constructed for the Oklahoma State Board of Pharmacy as the Bryan H. Potter Oklahoma State Board of Pharmacy.

-HB 2371 by Rep. Mike Sanders, increases the maximum amount of authority a city, county, or school district has over blanked purchase orders for the repair of equipment, machinery, or vehicles when the estimated amount is greater than $5,000.

-HB 2306 by Rep. Ann Coody, removes the authority of the State Department of Education to review plans for the construction or alteration of public school buildings.

-HB 2310 by Rep. Randy Grau, directs the Board of County Commissioners to develop personnel policies as evidenced in the minutes of a meeting of the Board of County Commissioners or the county budget board.

-HB 2280 by Rep. Larry Glenn, designates December 15 as the date each county shall publish a list of holidays the county offices will be closed.

-HB 2925 by Rep. Don Armes, allows the Department of Agriculture, Food and Forestry to negotiate reciprocal agreement with government.

-HB 2568 by Rep. Harold Wright, changes specific names inside of bill and increases maximum years served for accidents causing great bodily injury.


• House committees met Tuesday and approved the following measures:


-HB 2564 by Rep. Paul Wesselhoft, states that agreements between the Department of Transportation and an Indian tribe or the Oklahoma Turnpike Authority and an Indian tribe for the maintenance and construction of transportation facilities, roads or bridges is not subject to a requirement for approval by the Joint Committee on State-Tribal Relations and the governor, or the Oklahoma Native American liaison as the designee of the governor.

-HB 2577 by Rep. Pat Ownbey, removes language authorizing the surviving spouse license plates and modifies the Gold Star survivor license plate to become the Gold Star survivor/surviving spouse license plate.

-HB 2629 by Rep. Al McAffrey, authorizes the Oklahoma Tax Commission to design and issue the Oklahoma for the Arts License Plate to demonstrate support for increasing public funding for the arts and arts education.

-HB 2680 by Rep. Gary Banz, authorizes the Oklahoma Tax Commission to design and issue the Fighting Addiction Through Education License Plate.

-HB 2841 by Rep. Steve Martin, authorizes the Oklahoma Tax Commission to design and issue the Military Multi-Decoration license plate that may be issued to any honorably discharged or present member of the U.S. armed forces who qualifies for more than one military decoration license plate.

-HB 1551 by Rep. Gus Blackwell, creates the Scientific Education and Academic Freedom Act.

-HB 2970 by Rep. Todd Thomsen, requires higher education institutions in the Oklahoma State System of Higher Education and other colleges and universities in the state and technology center school districts in the state to make enrollment, graduation, certification and other educational information reports available to the Oklahoma State Regents for Higher Education.

-HB 2967 by Rep. Todd Thomsen, requires every applicant for registration as an athlete agent to submit to the secretary of state a valid surety bond in the penal sum of $50,000.

-HB 2971 by Rep. Todd Thomsen, creates the Higher Education Branch Campus Study Task Force to study and evaluate access to higher education resources in the southeastern region of the state.

-HB 3073 by Rep. Joe Dorman, states legislative intent for the Oklahoma State Regents for Higher Education to establish a comprehensive dyslexia teacher training pilot program through one or more Oklahoma higher education institutions.

-HB 2833 by Rep. Scott Martin, creates the Statewide Energy Initiative Act of 2012.

-HB 1357 by Rep. Ron Peters, modifies language related to the Corporation Commission’s Oklahoma Universal Service Fund.

-HB 2393 by Rep. Guy Liebmann, modifies definitions under the Oklahoma Brine Development Act.

-HB 2941 by Rep. David Derby, creates the Public Health and Safety Act.

-HB 2267 by Rep. Doug Cox, allows cities to pass smoking restrictions that are more stringent than state law.

-HB 2468 by Rep. Richard Morrissette, removes from the Schedule III list of controlled substances and adds to the Schedule II list hydrocodone with another active ingredient.

-HB 2560 by Rep. Paul Wesselhoft, modifies language related to the website the State Board of Medical Licensure and Supervision is to establish to inform a woman of public and private agencies that are available to assist a woman through pregnancy, child birth and while the child is dependent.

-HB 2771 by Rep. John Bennett, creates the Hyperbaric Oxygen Treatment Act of 2012.



Wednesday, February 22

• The Senate met Wednesday, but took no action on bills.


• Senate committees approved the following measures Wednesday:

-SB 1569 by Sen. Ralph Shortey, requires each candidate required to file a declaration of candidacy for any office in any election to provide proof of identity and eligibility to hold the office sought to the election board at the time of filing the declaration.

-SB 1908 by Sen. Steve Russell, requires the director or primary executive of any agency not already appointed by the governor to be appointed by the governor, with advice and consent of the Senate, to serve at the pleasure of the governor.

-SB 223 by Sen. Roger Ballenger, clarifies language related to the County Home Rule Charter Act.

-SB 1170 by Sen. Gary Stanislawski, modifies language related to the cancellation of voter registrations of deceased individuals.

-SB 1309 by Sen. Sean Burrage, prohibits a special election from being held by any entity authorized to call elections except on the second Tuesday of January, February, June, August and November and the first Tuesday in March and April in odd-numbered years.

-SB 1466 by Sen. John Ford, prohibits a notary public or their agent from requesting absentee ballots on behalf of a voter other than themselves.

-SB 1532 by Sen. Clark Jolley, changes the day of the election for school board members and for technology center school districts from the second Tuesday in February of each year to the second Tuesday of June in odd-numbered years and the last Tuesday in June of any even-numbered year.

-SB 1667 by Sen. Rob Johnson, modifies language related to advertising of alcoholic beverages.

-SB 1698 by Sen. Anthony Sykes, requires any local entity seeking to hold an election on the same date as a state or federal election to ensure that the election board can comply with the provisions of the Let the Troops Vote Act of 2011.

-SB 1707 by Sen. Greg Treat, adds the second Tuesday in December as one of the days on which no special election can be held by any county, school district, technology center school district, municipality or other entity authorized to call elections.

-SB 1776 by Sen. Rob Johnson, modifies language related to special liens.

-SB 1913 by Sen. Frank Simpson, modifies language related to the duties of the Oklahoma Tourism and Recreation Department.

-SB 1665 by Sen. Rob Johnson, creates the Energy Litigation Reform Act.

-HB 2658 by Rep. Fred Jordan, provides an exemption for companies that held their annual board of directors’ election prior to Sept. 1, 2010.

-SB 1055 by Rep. Steve Russell, would require an individual be deemed incompetent by a court before they could be precluded from obtaining a concealed carry license.

-SB 1814 by Sen. Rick Brinkley, creates the Oklahoma Blue Heart Medal of Honor.

-SB 1905 by Sen. Steve Russell, prohibits an employer from requiring any employee who is retired from a branch of the U.S. military and has been provided with health care coverage through a federal plan to sponsor in employer-sponsored health insurance coverage.

-SJR 80 by Sen. Anthony Sykes, proposes a constitutional amendment prohibiting a constitutional provision preventing a member of Congress or person holding office or trust of profit from holding office under the laws of the state from being construed as prohibiting officeholders from being enlisted and active members of the National Guard, National Guard Reserve, Officers Reserve Corps of the United States, the Organized Reserves of the United States and the Oklahoma State Guard or any other state militia.

-SJR 78 by Sen. Josh Brecheen, proposes a constitutional amendment prohibiting the state from exceeding $2 billion in indebtedness obligations incurred through the master lease program.

-SB 1108 by Sen. Patrick Anderson, modifies the Oklahoma Bond Oversight and Reform Act.

-SB 1135 by Sen. Patrick Anderson, requires all full-time peace officers previously certified by the Council on Law Enforcement Education and Training to attend and complete evidence-based domestic violence and stalking investigation training.

-SB 1204 by Sen. Mark Allen, requires the director of the Central Services Division of the Office of State Finance to publish a comprehensive report detailing state-owned property each year.

-SB 1247 by Sen. Jonathan Nichols, language referring to the Department of Public Safety Revolving Fund and replaces it with language referring to the Department of Public Safety Restricted Revolving Fund.

-SB 1253 by Sen. Tom Ivester, requires all payments received by the state auditor and inspector from providing continuing professional education to be deposited to the State Auditor and Inspector Revolving Fund.

-SB 1256 by Sen. Gary Stanislawski, requires 29.84 percent of fees, taxes and penalties collected pursuant to the Oklahoma Vehicle License and Registration Act to be credited to the General Revenue Fund.

-SB 1264 by Sen. Dan Newberry, creates the Oklahoma Debt Reduction Fund.

-SB 1372 by Sen. Jonathan Nichols, removes language relating to the annual salaries for the deputy director and positions within the Oklahoma State Bureau of Investigation.

-SB 1434 by Sen. Brian Bingman, requires in each fiscal year the first $1.35 million of an excise tax on petroleum oil that would have otherwise been apportioned to the general revenue fund be transferred to the Oil and Gas Division Revolving Fund of the Oklahoma Corporation Commission.

-SB 1451 by Sen. Rick Brinkley, requires state agency strategic plans to include an analysis of the appropriation level required to achieve the duties of the agency for each of the five years of the plan.

-SB 1483 by Sen. Clark Jolley, clarifies language related to the audit of financial records of the state treasurer.

-SB 1505 by Sen. Rob Johnson, requires a judge to order an indictment or presentment sealed until the defendant is arrested in order for disclosure of the indictment of presentment’s contents to be considered a misdemeanor.

-SB 1511 by Sen. Ron Justice, designates the Oklahoma Insurance Department a non-appropriated agency.

-SB 1533 by Sen. Clark Jolley, modifies language related to the Oklahoma State Athletic Commission Act.

-SB 1548 by Sen. Ralph Shortey, removes language permitting a $60 fee to be charged for the firearm training and qualification course.

-SB 1551 by Sen. Ralph Shortey, establishes qualifications for the director of corrections.

-SB 1634 by Sen. Rick Brinkley, clarifies language related to the Uniform Controlled Dangerous Substances Act.

-SB 1642 by Sen. Bryce Marlatt, modifies the apportionment of fees, taxes and penalties collected under the Oklahoma Vehicle License and Registration Act.

-SB 1643 by Sen. Bryce Marlatt, modifies the amount apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund.

-SB 1664 by Sen. Don Barrington, changes the source of funds for payment of expenses incurred by the Oklahoma State University Center for Local Government Technology from the Tax Commission to the office of the state auditor and inspector.

-SB 1676 by Sen. Mike Schulz, modifies statutory references to the Oklahoma Income Tax Act and modifies the apportionment of income tax revenue.

-SB 1721 by Sen. Ralph Shortey, creates Caylee’s Law.

-SB 1820 by Sen. James Halligan, modifies the calculation for Foundation Aid.

-SB 1847 by Sen. Jonathan Nichols, requires the Department of Public Safety to provide quarterly reports stating the staffing levels within the Oklahoma Highway Patrol and whether individual troopers’ personal safety is at an increased risk due to staffing deficiencies to the Legislature and the Governor.

-SB 1865 by Sen. John Ford, clarifies statutory references related to the Oklahoma Board of Private Vocational Schools Revolving Fund.

-SJR 81 by Sen. Greg Treat, proposes a constitutional amendment granting the state auditor and inspector the authority to conduct performance audits.


• The House met Wednesday, approving the following bills:

-HJR 1093 by Rep. Scott Inman, disapproves a proposed judicial pay increase.

-HB 2449 by Rep. Marty Quinn, requires the municipal governing board’s resolution to the county election board prior to an election include a list of precincts partially contained within the limits of the municipality that are eligible to be closed and a certification of whether such precincts shall be open or not open for the election.

-HB 2484 by Rep. Randy Grau, extends from 20 to 30 days the time allowed for a district attorney to file a revocation of suspended sentence with a court clerk and present evidence at a hearing.


• House committees approved the following measures on Wednesday:

-HB 3068 by Rep. Marty Quinn, clarifies that the top income tax rate is 5.25 percent.

-HB 2995 by Rep. Tom Newell, removes language requiring the Office of the State Auditor and Inspector to assist in establishing a system of uniform rates for the leasing of tools and equipment leased by county commissioners.

-HB 2578 by Rep. Glen Mulready, allows a board of county commissioners to enter into a contract with a collection agency for the collection of debts and accounts receivable in cases in district court when the accused has failed to appear or otherwise failed to satisfy a monetary obligation ordered by the court.

-HB 2994 by Rep. Tom Newell, prohibits property zoned residential or property more than 5 acres in size and assessed as agricultural land from being included in any landowners’ petition for a street improvement district.

-SB 301 by Sen. Gary Stanislawski, allows declaration of candidacy forms prescribed by the Oklahoma State Election Board to include a section where the candidate can list a telephone number, e-mail address and website address, which can then be made available to the public.

-HB 2321 by Rep. Randy McDaniel, modifies language related to creditable service for members of the Teachers Retirement System.

-HB 2322 by Rep. Randy McDaniel, removes language directing the Oklahoma Public Employees Retirement System Board of Trustees to adopt a cost of living adjustment actuarial assumption in its annual actuarial valuation report.

-HB 3111 by Rep. Jeff Hickman, removes the requirement for state agencies to make payroll deductions 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 with a minimum membership of 2,000 due-paying members.

-HB 2200 by Rep. John Trebilcock, modifies the definition of “third-party information” under the Oklahoma Real Estate License Code to include a plan, drawing or stated square footage provided by the owner or agent of the owner as it relates to commercial buildings or structures for sale or for lease only.

-HB 2256 by Rep. Ben Sherrer, clarifies the definition of roofing contractor under the Roofing Contractor Registration Act.

-HB 2308 by Rep. George Faught, modifies duties of the Board of Chiropractic Examiners as they relate to out-of-state chiropractic physicians.

-HB 2524 by Rep. Steve Martin, modifies definitions under the Oklahoma Real Estate Code.

-HB 2724 by Rep. Ron Peters, modifies the terms of a consumer credit sale.

-HB 2921 by Rep. Phil Richardson, creates the Pet Breeder Act of 2012.

-HB 2917 by Rep. Phil Richardson, creates the Oklahoma Poultry Nutrient Utilization Act.

-HB 1952 by Rep. Skye McNiel, creates the Oklahoma Weights and Measures Reform Act.

-HB 2548 by Rep. Jadine Nollan, modifies language related to assessments of property within a drainage district.

-HB 2715 by Rep. Mike Jackson, modifies language regarding the grounds for suspension of license for pesticide applicators.

-HB 2835 by Rep. Scott Martin, prohibits the Department of Environmental Quality from requiring a permit for applying less than 250 gallons per day of private residential gray water originating from a residence for the household gardening, composting or landscape irrigation under certain conditions.

-HJR 1087 by Rep. David Dank, proposes a constitutional amendment that would allow state reimbursements for ad valorem exemptions only for unimproved land.

-HJR 1081 by Rep. Jason Nelson, proposes a constitutional amendment repealing the prohibition on the use of public money for sectarian or religious purposes.

-SJR 25 by Sen. Josh Brecheen, proposes a constitutional amendment granting the Pardon and Parole Board by majority vote the authority to grant parole for all offenses after conviction, except for persons sentenced by death, life without parole or a violent offense.

-HB 3131 by Rep. Jason Nelson, prohibits government or public employees having the authority to issue, revoke, suspend or deny a license, permit or certification to a person who may directly or indirectly coerce, command, advise or direct a person seeking or has a license, permit or certification issued by the governmental entity for which the employee works.

-HB 2544 by Rep. Jadine Nollan, creates the ACE/ACT Task Force on Preparing Students for College.

-HB 2969 by Rep. Todd Thomsen, creates the Legislative Task Force on the Oklahoma Central Purchasing Act.

-HCR 1021 by Rep. Gary Banz, creates the Oklahoma Cancer Treatment Parity Task Force.

-HJR 1015 by Rep. Colby Schwartz, proposes a constitutional amendment allowing nonalcoholic beverages designed to be mixed with alcoholic beverages, bottle openers, cork screws and other wine and spirit accessories to be sold on the premises of retail package stores.

-HB 2574 by Rep. Pat Ownbey, modifies language related to the Anti-Drug Diversion Act.

-HB 2572 by Rep. Pat Ownbey, directs the owner of a mobile or manufactured home park renting or leasing 10 or more mobile or manufactured homes to ensure that the anchoring of the homes meets the standards of the manufacturer’s manual or the Oklahoma Used Motor Vehicle and Parts Commission.

-HB 2621 by Rep. Dennis Johnson, removes language allowing tax credits for coal production to be freely transferable at any time during the five years following the year of qualification.

-HB 2592 by Rep. Corey Holland, modifies definitions under the Education Leadership Oklahoma Act.

-HB 2248 by Rep. T.W. Shannon, increases the amount to be allocated to the Rebuilding Oklahoma Access and Driver Safety Fund.

-HB 2249 by Rep. T.W. Shannon, modifies apportionment of fees, taxes and penalties collected under the Oklahoma Vehicle License and Registration Act to the General Revenue Fund.

-HB 2262 by Rep. T.W. Shannon, modifies language related to the Long-Range Capital Planning Commission.

-HB 2268 by Rep. John Bennett, directs the Department of Public Safety to issue an annual vehicle permit to a transportation company or manufacturer of portable buildings solely for the movement of oversize portable buildings for a specific manufacturer of portable buildings.

-HB 2270 by Rep. Doug Cox, prohibits the Nursing Facilities Quality of Care fee from exceeding the amount or rate allowed by federal law for nursing home licensed bed days pursuant to any approved Medicaid waiver.

-HB 2389 by Rep. Guy Liebmann, removes the director of the Oklahoma Aeronautics Commission from the unclassified service.

-HB 2394 by Rep. Guy Liebmann, removes language regarding increased penalties for second and subsequent violations of toll collection regulations.

-HB 2510 by Rep. Ann Coody, prohibits a person from claiming a sales tax exemption granted a non-profit organization to make a purchase exempt from sales tax for his or her personal use.

-HB 2512 by Rep. Ann Coody, directs the Legislature to present measures each year that allocate funds appropriated to the State Board of Education among activities and programs provided for by law.

-HB 2541 by Rep. Mark McCullough, directs that state auditor and inspector to conduct a performance audit of the Oklahoma Marriage Initiative, the Nurse-Family Partnership Model and the Information Technology Fund of the Oklahoma Supreme Court.

-HB 2576 by Rep. Pat Ownbey, requires the excise tax levied on low-point beer to be due and payable on or before the 20th day of the month rather than the 10th day.

-HB 2586 by Rep. Pat Ownbey, modifies the definition of “maintaining a place of business in the state”.

-HB 2618 by Rep. Dennis Johnson, clarifies that county commissioners are allowed to pay for any safety training or safety devices and equipment out of the general county funds or county highway funds available to the commissioners.

-HB 2653 by Rep. Dustin Roberts, requires every retail dealer permit issued by the Oklahoma Tax Commission to have printed on its face whether it is for consumption on premises, consumption off premises or both.

-HB 2659 by Rep. Fred Jordan, requires fees to be remitted to the Oklahoma Uniform Building Code Commission 30 days after the end of the preceding calendar year.

-HB 2679 by Rep. Gary Banz, removes language stating that the award from the Oklahoma Higher Learning Access Program will include an amount equivalent to resident tuition or other tuition.

-HB 2681 by Rep. Gary Banz, appropriates $500,000 to the Oklahoma Aeronautics Commission to perform duties related to the Center for Aerospace Supplier Quality.

-HB 2684 by Rep. Gary Banz, modifies the definition of school personnel as it relates to eligibility for benefits.

-HB 2704 by Rep. Steve Vaugh, modifies the Oklahoma Quality Jobs Program Act.

-HB 2927 by Rep. Don Armes, adds language to include any appropriated monies designated for transfer into funds that should be paid into the Commissioners of the Land Office Revolving Fund.

-HB 2946 by Rep. David Derby, allows a pharmacist to dispense quantities of maintenance medications up to the total number of dosage units authorized by the prescriber on the original prescription and any refills, not to exceed a 90-day supply.

-HB 2981 by Rep. Charles Ortega, adds language related to fees collected by the insurance commissioner for fraternal benefit societies and hospital service and medical indemnity corporations.

-HB 2982 by Rep. Glen Mulready, requires initial respiratory care practitioner members to be credentialed as a registered respiratory therapist or current equivalent credential as identified by the Respiratory Care Advisory Committee and approved by the State Board of Medical Licensure and Supervision.

-HB 3005 by Rep. Sally Kern, defines net benefit rate as the estimated net direct state benefits computed as a percentage of gross payroll provided the net benefit rates does not exceed the highest individual income tax rate or 5 percent, whichever is less.

-HB 3028 by Rep. Ann Coody, provides a sales tax exemption on tangible personal property or services sold to the Midamerica Chapter of the Paralyzed Veterans of America and the Marine Corps League.

Thursday, February 23

• The Senate met Thursday, approving the following measures:

-SB 1075 by Sen. Don Barrington, increases the population of a municipality to 10,00 for the exemption under competitive bidding.

-SB 1069 by Sen. Don Barrington, states that if an inmate’s designee declines to accept an inmate’s remains upon death, the cost of cremation shall be deducted from the balance of the inmate’s accounts and personal property before being passed on to the designee.

-SB 1149 by Sen. Richard Lerblance, designates bridges in the Hailyville area as the Lt. Colonel Warren Pingleton Memorial Bridge and the Major Bill Morgan Memorial Bridge.

Other News

• The newest member of the Senate took the oath of office in a public ceremony in the Senate chamber on Thursday. Al McAffrey, D-Oklahoma City, will represent District 46. McAffrey fills the term of former Sen. Andrew Rice, who resigned from the Senate effective Jan. 15, 2012.

• The Equalization Board certified $6.6 billion in revenue available for the coming fiscal year. The figure means lawmakers will have $47 million more than expected.

• The Legislature honored Oklahoma veterans and active-duty military personnel in a joint session on Wednesday. Senate President Pro Tempore Brian Bingman said veterans are the embodiment of courage and commitment.

• A portrait of late historian and civil rights leader John Hope Franklin was unveiled at the Capitol on Wednesday. A Bartlesville native, Franklin was the author of “From Slavery to Freedom”, and was awarded the Presidential Medal of Freedom.