The Oklahoma Senate

Week In Review
Monday, April 2 to Wed., April 4, 2012

Monday, April 2

• The Senate met Monday but approved no legislation.


• Senate committees approved the following measures Monday:

-HB 2921 by Rep. Phil Richardson, directs that the provisions of the Pet Breeder Act of 2012 will be administered and supervised by the State Board of Agriculture, Food and Forestry.

-HB 2356 by Rep. Steve Kouplen, allows persons in the sole process of retrieving their domestic livestock or other animals to enter the land of another, unless otherwise forbidden to do so either orally or in writing.

-HB 2495 by Rep. Tommy Hardin, allows a meat processor to release unclaimed processed lawfully harvested venison to the Department of Wildlife Conservation’s Hunters Against Hunger Program after 90 days following notification by telephone to the person who brought the wild game for processing that the wild game has been processed and is available for collection.

-HB 2715 by Rep. Mike Jackson, modifies language regarding the grounds for suspension, cancellation, revocation or refusal to issue or re-issue a license for pesticide applicators.

-HB 2579 by Rep. Glen Mulready, modifies language regarding the unlawful act of setting fire to any forest.

-HB 2970 by Rep. Todd Thomsen, directs the State Board of Education to adopt rules establishing the appeal process for students who have been denied a standard diploma by the school district in which the student is or was enrolled for failing to meet the requirements of the ACE Act.

-HB 2516 by Rep. Sally Kern, removes language stating that if a student is found to not be reading at the appropriate grade level and teachers are concerned that undiagnosed health problems are involved, the school district may make a recommendation to the parents or legal guardians for medical evaluation.

-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 2790 by Rep. Charles Ortega, modifies eligibility criteria for a superintendent of schools.

-HB 3090 by Rep. Jason Nelson, states that the amount of the Lindsey Nicole Henry Scholarship be prorated to reflect the number of remaining days in the current school year.


• The House met Monday, approving the following measures:

-SCR 33 by Sen. Dan Newberry, calls upon the United States Congress to initiate an amendment to the Constitution requiring a balanced budget annually.

-SB 1164 by Sen. Bryce Marlatt, establishes the process for the Corporation Commission to prescribe specifications for the quality of synthetic diesel.

-SB 1313 by Sen. Brian Crain, requires that acceptance of service of a copy of process or other papers by a person who is 15 years of age or older who resides at the defendant’s dwelling house or usual place of abode to constitute acceptance by the party addressed.

-SB 1314 by Sen. Brian Crain, allows a deponent to have his or her attorney present to counsel and render advice during deposition, provided opposing counsel may object to excessive use of such counsel and advice.

-SB 1518 by Sen. Eddie Fields, removes language permitting the importation of live feral swine into Oklahoma.

-SB 1701 by Sen. Anthony Sykes, establishes that the adjutant general is the chief military advisor to the governor.

-HJR 1100 by Rep. Todd Thomsen, approves permanent rules adopted by the State Board of Examiners of Psychologists.

-SB 1309 by Sen. Sean Burrage, prohibits a special election from being held by any entity authorized to call elections with certain exceptions.

-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 1592 by Sen. Clark Jolley, updates the definition of physical therapy.

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


• House committees approved numerous measures Monday, including the following:

-SB 1714 by Sen. John Ford, modifies language related to the Oklahoma Equal Opportunity Education Scholarship Act.

-SB 1019 by Sen. Earl Garrison, expands to public housing authorities the ability to collect unpaid fines or debts of at least $50 from those who have filed state income tax returns by filing a claim with the Oklahoma Tax Commission.

-SB 1254 by Sen. Mark Allen, provides an original or a transfer certificate of title will be issued without payment of the excise tax for any used utility vehicle that is being traded-in as part of another transaction if the vehicle is being traded-in to a person or entity operating a business that sells utility vehicles but is not a licensed dealer of used motor vehicles, travel trailers or commercial trailers.

-SB 1814 by Sen. Dan Newberry, creates the Oklahoma Blue Heart Medal of Honor.

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

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

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

-SB 1328 by Sen. Brian Crain, expresses legislative intent to appropriate additional funds annually to the Oklahoma Water Resources Board for the development and maintenance of a permanent statewide water quality and quantity program.

-SB 1336 by Sen. Cliff Branan, requires the administrator of the Petroleum Storage Tank Indemnity Fund to notify the Oklahoma Tax Commission if the fund falls below the required maintenance level.

-SB 1862 by Sen. Ron Justice, changes the names of the Elevator Safety Act to the Elevator Safety and Inspection Act.

-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 at $60.

-SB 1940 by Sen. Eddie Fields, directs the State Board of Agriculture to meet at least eight times a year.

-SB 1183 by Sen. Sean Burrage, requires that a Department of Public Safety motor vehicle report be obtained for adoptive parents and all other adult household members when a child to be adopted is in the legal custody of the Department of Human Services.

-SB 1471 by Sen. Patrick Anderson, requires the Tax Commission to provide to DHS in an agreed electronic format the amount withheld from an individual’s tax refund to offset a claim by a state agency, municipal or district court, the home address and social security number of the taxpayer.

-SB 1800 by Sen. Kim David, expands the duties of advisory committees of representatives of child care facilities.

-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 134 by Sen. Kim David, permits a physician assistant licensed to practice in Oklahoma 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.

-SB 1016 by Sen. Patrick Anderson, modifies the definition of “child pornography”.

-SB 1072 by Sen. Don Barrington, modifies the offense of wearing body armor while committing a felony to include wearing a helmet.

-SB 1196 by Sen. Sean Burrage, increases the amount that may be recovered under small claims procedures.

-SB 1199 by Sen. Patrick Anderson, requires that interest accrue on all child support and other support orders.

-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 mental health treatment instructions contained in a declaration executed in accordance with the Advance Directives for Mental Health Treatment act shall be superseded by an advance directive for health care.

-SB 1406 by Sen. Susan Paddack, prohibits a man from being presumed to be the father of a child if the man presents documentation from the Department of Defense proving he was not physically present during the time period of conception of the child.

-SB 1439 by Sen. Jonathan Nichols, allows a series of offenses of embezzlement to be aggregated into one offense when the offenses are the result of the formulation of a plan or scheme or the setting up of a mechanism which results in the taking or diversion of money or property on a recurring basis when put into operation.

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

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

-SB 1884 by Sen. Greg Treat, modifies the definition of “racketeering activity” to include making or receiving a kickback.

-SB 1797 by Sen. Clark Jolley, changes the name of the Education Oversight Board to the Commission for Education, Instruction Quality and Accountability.

-SB 1820 by Sen. Jim Halligan, modifies the calculation for Foundation Aid for online students.

-SB 1816 by Sen. Gary Stanislawski, creates a Virtual School Sponsoring Commission.

-SB 1185 by Sen. Susan Paddack, directs the State Board of Education to establish and administer the School Administrator Professional Development Pilot Program.

-SB 1182 by Sen. Patrick Anderson, permits technology center building fund proceeds to purchase student transportation, grounds maintenance including parking lots and sidewalks and instructional and maintenance equipment.

-SB 1624 by Sen. John Sparks, modifies requirements for in-state tuition.

-SB 1865 by Sen. John Ford, removes the requirements that expenditures from the Oklahoma Board of Private Vocational Schools Revolving Fund be approved by the legislature.

Tuesday, April 3

• The Senate approved the following measures on Tuesday:

-HB 2211 by Rep. Pam Peterson, allows a board of county commissioners’ chair to designate another county commissioner to serve in place of the chair on the city-county library commission.

-HB 2285 by Rep. Emily Virgin, extends the deadline for certified elementary education teachers to meet the statutory requirements and successfully complete the subject area portion of the examination to be certified in early childhood education.

-HB 2310 by Rep. Randy Grau, modifies the powers of a board of county commissioners.

-HB 2499 by Rep. Randy Grau, creates the Oklahoma Regional Jail District Act.

-HB 2580 by Rep. Jeannie McDaniel, adds a grandparent to the list of people that may file or request the district attorney file a petition with the district court to determine whether an individual is a person requiring treatment.

-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 2619 by Rep. Dennis Johnson, allows counties to participate in any competitively bid nationwide purchasing program.


• Senate committees approved the following bills on Tuesday:

-HB 3052 by Rep. Kris Steele, is a statewide public safety reform proposal.

-HB 3061 by Rep. Kris Steele, creates the Oklahoma Tax Reduction and Simplification Act.

-HB 3108 by Rep. Jeff Hickman, proposes numerous highway designations.

-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 2643 by Rep. David Brumbaugh, removes language granting five years for removal of any outdoor advertising sign, display or device that becomes nonconforming to state law.

-HB 2561 by Rep. Paul Wesselhoft, allows a woman upon whom an abortion has been performed in negligent violation of statutes without voluntary and informed consent to pursue a civil action against the provider and others if state laws regulating the procedures are violated.

-HB 2236 by Rep. George Faught, recreates the Oklahoma Educational Television Authority.

-HB 1562 by Rep. Fred Jordan, crates the Property Rights Act of 2011.

-HB 2155 by Rep. Kris Steele, creates the Oklahoma Employee Injury Benefit Act.

-HB 2396 by Rep. Wade Rousselot, modifies the Protection From Abuse Act.
-HB 2440 by Rep. Dale DeWitt, increases from four to five the number of district judges to be nominated from District No. 21.

-HB 2535 by Rep. Mark McCullough, creates the Oklahoma Uniform Statutory Rule Against Perpetuities Act.

-HB 2561 by Rep. Paul Wesselhoft, allows a woman upon whom an abortion has been performed in negligent violation of statutes without voluntary and informed consent to pursue a civil action.

-HB 2654 by Rep. Fred Jordan, creates the Energy Litigation Reform Act.

-HB 2787 by Rep. Charles Ortega, allows a bank or credit union to inventory and transfer or release the contents of a safe deposit box rented in the name of a sole individual without designation of a payable-on-death beneficiary or successor upon the death of the owner if the amount of the contents is $20,000 or less to the known heirs of the deceased upon receipt of an affidavit sworn to by the known heirs of the deceased.

-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. Cory 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.

-HB 3155 by Rep. Kris Steele, clarifies that confidentiality of certain documents dos not prohibit the Department of Human Services from providing, upon request, a summary of an individuals’ child welfare history to an individual who has made application with a federally recognized Indian tribe.

-HB 3038 by Rep. Leslie Osborn, requires single individuals and married individuals filing jointly to pay the maximum state income tax rate of 2.25 percent for the 2013 tax year.

-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 1835 by Rep. Mike Sanders, requires the director of the Oklahoma Department of Career and Technology Education or the director’s designee to serve on the Oklahoma Council on Firefighter Training.

-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.

-HB 2928 by Rep. Don Armes, removes references related to the Oklahoma Tuition Scholarship Revolving Fund and replaces them with language referencing the Oklahoma Student Aid Revolving Fund.

-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 3110 by Rep. Earl Sears, states that for the purposes of Article X, Section 6 of the Oklahoma Constitution, livestock owned by a general partnership, limited partnership, corporation, limited liability company, estate, trust or other lawfully recognized entity, the primary purpose of which is to confer the economic benefits on two or more members of the same family, are deemed to be livestock employed in support of the family.


• The House met Tuesday, approving the following measures:

-SB 1287 by Sen. Jim Halligan, modifies language regarding the membership of a municipal library board.

-SB 1131 by Sen. Patrick Anderson, removes a requirement that a county assessor spend at least one day in each city and incorporated town but requires the county assessor to go to each city and incorporated town in counties that have not abolished household personal property tax.

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

-SB 1299 by Sen. Brian Crain, permits a transfer-on-death deed or an instrument revoking such a deed to be executed by an attorney-in-fact of the owner of record or by a guardian of a minor legally incompetent owner of record in addition to the owner of record.

-SB 1420 by Sen. Ralph Shortey, prohibits any person from using a laser sighting device as a hunting aid except for battery powered scoping devices that project a light or dot inside the scope and pin sight lights on archery equipment.

-SB 1500 by Sen. Eddie Fields, clarifies statutory references in the Grand River Dam Authority Act.

-SB 1551 by Sen. Ralph Shortey, requires the director of corrections to have knowledge and skill in the correctional field.

-SB 1686 by Sen. Greg Treat, permits commercial airport operators to prohibit the use of lighted tobacco in any indoor area that is open to or used by the public.

• House committees met Tuesday and approved the following measures:


-SB 1695 by Sen. Anthony Sykes, creates the Nondiscrimination in Treatment Act.

-SB 1389 by Sen. Brian Crain, requires the Department of Human Services to evaluate all people currently in or applied for the state Medicaid program and who are categorically eligible as aged, blind or disabled.

-SB 1390 by Sen. Brian Crain, requires the Oklahoma Healthcare Authority to evaluate various methods of reducing unnecessary emergency room visits and the use of ambulances for non-emergency transportation and develop a written plan to encourage the timely and appropriate use of primary care services in lieu of emergency room services.

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

-SB 675 by Sen. Clark Jolley, modifies the Physical Therapist Practice Act.

-SB 1272 by Sen. Jonathan Nichols, allows a licensed medical doctor or other licensed medical personnel authorized by law to prescribe controlled dangerous substances eligible for the central repository to be able to access information collected at the central repository under the Anti-Drug Diversion Act.

-SB 1443 by Sen. John Ford, states that accreditation shall not be withdrawn from or denied nor shall a penalty be assessed against a school or school district for failing to meet the media materials and equipment standards and media program expenditure standards set forth by the State Board of Education.

-SB 1627 by Sen. Brian Bingman, creates the Oklahoma Energy Initiative.

-SB 1628 by Sen. Brian Bingman, deletes references to the Bartlesville Energy Research Center regarding the use of funds from the Interstate Oil Compact Fund of Oklahoma.

-SB 1192 by Sen. Mike Schulz, modifies language related to the Airspace Severance Restriction Act.

-SB 1638 by Sen. Bryce Marlatt, modifies the removal date of non-conforming signs.

-SB 992 by Sen. Eddie Fields, renames a section of highway.

-SB 1201 by Sen. Frank Simpson, renames a section of highway.


Wednesday, April 4

• The Senate met Wednesday, approving the following measures:

-HB 2308 by Rep. George Faught, authorizes the State Board of Chiropractic Examiners to issue certain temporary licenses.

-HB 1314 by Rep. Phil Richardson, repeals an act requiring written permission from the Director of Wildlife to hunt white deer.

-HB 2786 by Rep. Charles Ortega, dictates that the Dept. of Agriculture, Food and Forestry develop a record retention schedule for a variety of records.

-HB 2353 by Rep. Steve Kouplen, allows persons completing 18 hours of training for licensed feeding operations to be exempt from annual training requirements.

-HB 2700 by Rep. William Fourkiller, states that school districts shall inform parents or guardians of students that a school nurse or a trained school employee may administer an Epinephrine injector.

-HB 2656 by Rep. Fred Jordan, broadens the definition of an “electronic signature”.

-HB 2655 by Rep. Fred Jordan, allows a digitized image or electronic copy of an original or certified copy of an original instrument or document to satisfy the requirements for original documents when being recorded by the county clerk.

-HB 2296 by Rep. Eric Proctor, removes liability from owner of a mobile home park for offering their park office as a shelter for mobile home owners from severe weather.

 

Other News

• Commerce Secretary Dave Lopez is calling it one of the biggest corporate investments. On Wednesday, Google announced plans to expand its Mayes County data center, bringing the total investment there to $700 million. The company originally invested $600 million to build the data center near Pryor. The center currently has about 100 employees. The additional investment of $100 million will result in up to 50 new jobs.

• The Google announcement came just one day after State Treasurer Ken Miller released figures showing Oklahoma’s two-year revenue growth streak had ended. The monthly collections were about .03 percent lower compared to March, 2011. Miller pointed to continued low natural gas prices resulting in lower gross production tax collections.

• A swearing-in ceremony will be held in the Senate Chambers on April 11th for AJ Griffin, Senator-elect for District 20. Griffin, a Republican from Guthrie, won the seat in a special election held this past Tuesday. That seat was held by Senator David Myers, R-Ponca City, for the past ten years. He had two years remaining on his final term in the Senate when he passed away last November.

• Wednesday was Bob Wills Day at the State Capitol. The event featured live music, dancing, and a special announcement about the “King of Western Swing.” His daughter, Carolyn Wills, attended the Capitol event and announced her family’s plans to donate the Bob Wills collection to the Oklahoma Historical Society. The collection includes personal artifacts and more than 600 hours of recordings. In addition, the Grammy Foundation has awarded a $20,000 grant to the Oklahoma Society to preserve those recordings. Historical Society Executive Director Bob Blackburn said the grant is proof of the importance of Wills’ music in American music history. Bob Wills’ “Faded Love” is Oklahoma’s official Country and Western song.