The Oklahoma Senate

Week In Review
Monday, April 9 to Wed., April 12, 2012

Monday, April 9

• The Senate approved several bills on Monday:

-HB 2260 by Rep. T.W. Shannon, modifies language regarding the Oklahoma Turnpike Authority, directing notice of toll evasion violations to be sent by regular first class mail rather than registered mail.

-HB 2330 by Rep. Lewis Moore, allows an agency, board, commission, higher education institution, career technology or common education institution to contract with a third-party vendor to perform any and all employment screenings.

-HB 2453 by Rep. Charles Key, requires the insurance commissioner prior to the completion and filing of an application to subject each applicant for a license as an insurance representative or customer service representative to an examination.

-HB 2458 by Rep. Charles Key, creates the Unauthorized Insurers and Surplus Lines Insurance Act.

-HB 2510 by Rep. Ann Coody, prohibits a person from claiming a sales tax exemption granted a not-for-profit organization to make a purchase exempt from sales tax for his or her personal use.

-HB 2523 by Rep. Steve Martin, establishes a one-day fishing license for nonresidents for a $14 fee and a three-day fishing license for non-residents for a $25 fee.

-HB 2623 by Rep. Randy McDaniel, states that any member of the Teachers’ Retirement System who is convicted of or pleads guilty or nolo contendere to a felony in a state or federal court is to forfeit all retirement benefits.

-HB 2713 by Rep. Mike Jackson, directs the administrative director of the courts rather than the state auditor and inspector to develop and implement necessary reforms and procedures for claims against the Court Clerk’s Revolving Fund.

-HB 2925 by Rep. Don Armes, grants the Oklahoma Department of Agriculture, Food and Forestry the authority to negotiate reciprocal agreements with the federal government or any state, or any department or agency of either.


• Senate committees took no action on bills Monday.

• The House met Monday, approving the following measures:

-SB 1588 by Sen. Don Barrington, allows the Oklahoma Firefighters Pension and Retirement Board to permit the use of electronic media to provide applicable notices and make elections and consent.

-SB 284 by Sen. Rick Brinkley, allows enforcement of municipal ordinances, resolutions, rules, regulations and orders by airport officers holding a commission from and employed by an airport trust as defined in the provisions and requirements of the Oklahoma Campus Security Act.

-SB 456 by Sen. Mike Mazzei, modifies language related to manufacturing facilities that qualify for the five-year ad valorem tax exemption.

-SB 1065 by Sen. Gary Stanislawski, modifies language related to the confidentiality of information under the Anti-Drug Diversion Act.

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

-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 providing he was not physically present during the time period of conception of the child.

-SB 1497 by Sen. Rick Brinkley, increases the time period from within one year to within 36 months that a person resumes business for which a closing out sale was conducted that constitutes a violation of the Oklahoma Consumer Protection Act.

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

-SB 1814 by Sen. Dan Newberry, creates the Oklahoma Gold Star Medal of Honor.


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

-SB 1055 by Sen. Steve Russell, modifies language related to the mandatory preclusions for obtaining a handgun license.

-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 1060 by Sen. Bill Brown, directs an insurer who has reason to believe that a person or entity has engaged in or is engaging in an act or practice that violates state statute or administrative rules to notify the Anti-Fraud Unit of the Insurance Department.

-SB 1355 by Sen. David Holt, prohibits any person registered as a sex offender of any level from being removed from the Department of Corrections Sex Offender Registry without a court order.

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

-SB 1834 by Sen. Josh Brecheen, permits a person to carry unloaded shotguns, rifles and pistols open and not concealed and without a handgun license when living in a motor home or recreational vehicle which has been modified as a semi-permanent or permanent residence and not in transport.

-SB 1728 by Sen. Dan Newberry, requires a party to file a complaint with the attorney general or a charge of discrimination in employment with the attorney general’s office within 180 days from the last date of alleged discrimination in order to have standing in a court of law to allege discrimination.

-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.

-SB 1222 by Sen. Frank Simpson, creates the Oklahoma Veterans Treatment Act.

-SB 1474 by Sen. Rob Johnson, provides that an insurance self-evaluative audit is privileged information and is not discoverable or admissible as evidence in any legal action in any civil, criminal or administrative proceeding unless expressly waived by the company or required to disclose the material by the court.

-SB 1283 by Sen. John Sparks, modifies penalties for violation of the Oklahoma Scrap Metal Dealers Act to include a fine of not less than $500 for a first violation of the act and creates a felony for second and subsequent violations with a $1,000 fine.

-SB 1475 by Sen. Rob Johnson, requires the insurance commissioner to promulgate rules.

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

-SB 1811 by Sen. Rob Johnson, modifies statutory references related to disaster areas.

-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.

Tuesday, April 10

• The Senate approved a series of reauthorization bills and the following measures on Tuesday:

-HB 2242 by Rep. Lee Denney, requires the license fee of a wrecker or tow vehicle to be based on the gross weight of the wrecker or tow vehicle alone without any inclusion of weight for a vehicle towed by the wrecker or tow vehicle.

-HB 2244 by Rep. Lee Denney, modifies language related to alternative placement teaching certification.

-HB 2306 by Rep. Ann Coody, removes language regarding the State Board of Education’s authority to review preliminary plans for new construction and major alteration of public school buildings where structural changes are proposed. HB 2306 by Rep. Ann Coody, removes language regarding the State Board of Education’s authority to review preliminary plans for new construction and major alteration of public school buildings where structural changes are proposed.

-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 2521 by Rep. Sally Kern, modifies language under the Volunteer Professional Services Immunity Act.

-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 2710 by Rep. Mike Jackson, prohibits the use or possession of a cigarette rolling vending machine for commercial purposes without a permit.

-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.

-HB 2917 by Rep. Phil Richardson, modifies language related to the Oklahoma Registered Poultry Feeding Operations Act.

-HB 2942 by Rep. David Derby, classifies controlled substances.

-HB 3093 by Rep. Cory Williams, exempts canoes from the vessel registration tax.

-SCR 35 by Sen. Brian Crain, commends the cooperative efforts and response of local and federal law enforcement and city leaders to the north Tulsa homicides on Friday, April 6.


• Senate committees approved the following bills on Tuesday:

-HB 2090 by Rep. Randy Terrill, states that in any case where a college technology center school district overlaps and includes territory that is included within the district of a technology center school established by the State Board of Career and Technology Education, the building fund levy may be applied to the overlap area by either the college technology school district or technology center school district, and revenues from the overlap area collected pursuant to any building fund levy shall be apportioned one-half to the overlapped technology center school district.

-HB 2841 by Rep. Scott Martin, authorizes the Oklahoma Tax Commission to design and issue the Military Multi-Decoration license plate.


• The House met Tuesday, approving the following measures:

-HJR 1108 by Rep. Phil Richardson, approves permanent rules of the Oklahoma Department of Agriculture, Food and Forestry.

-SB 1069 by Sen. Don Barrington, directs that in the event of an inmate’s death when his or her designee declines to accept the inmate’s remains and the Department of Corrections pays for cremation, the costs of cremation will be deducted from any balance due to the inmate’s designee.

-SB 1102 by Sen. Patrick Anderson, creates the Oklahoma State Retirement Systems Revolving Fund.

-SB 1127 by Sen. Ron Justice, requires an application for a bail bondsman license to show that the applicant is competent, trustworthy, financially responsible and of good personal and business reputation and character.

-SB 1179 by Sen. Gary Stanislawski, permits the electronic prescribing of certain drugs under certain conditions.

-SB 1187 by Sen. Susan Paddack, permits the Council on Law Enforcement and Training to waive all or part of any money due to the council if deemed uncollectable by the council.

-SB 1188 by Sen. Susan Paddack, requires a certified reserve office who has been inactive for five or more years to complete a legal update prescribed by the Council on Law Enforcement Education and Training.

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

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

-SB 1263 by Sen. Don Barrington, modifies language related to permits for low-point beer sales for on or off premises consumption.

-SB 1277 by Sen. Kim David, adds a definition of licensed alcohol and drug counselor/mental health or LADC/MH.

-SB 1401 by Sen. Rick Brinkley, requires nursing 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 1425 by Sen. Josh Brecheen, directs the Oklahoma Department of Emergency Management to develop legislative recommendations to enact a program incorporating certain guidelines to allow the onsite burning of storm debris on private property.

-SB 1546 by Sen. Ralph Shortey, clarifies language related to the authority of the Oklahoma State Bureau of Investigation to investigate oil and gas industry crimes.

-SB 1800 by Sen. Kim David, expands the duties of advisory committees of representatives of child care facilities and others that the Department of Human Services is required to appoint to include providing advice regarding concerns brought by child care facilities or referred by the department to assist facilities in meeting minimum requirements.


• House committees met Tuesday and approved the following measures:


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

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

-SB 1506 by Sen. Eddie Fields, permits the Grand River Dam Authority to participate in the Southwest Power Pool Integrated Marketplace or any other program established by a Federal Energy Regulatory Commission.

-SB 1816 by Sen. Gary Stanislawski, modifies language related to the Oklahoma Charter Schools Act.

-SB 1565 by Sen. Susan Paddack, requires the Oklahoma State Regents for Higher Education to establish a three-year comprehensive dyslexia teacher training pilot program and select not more than two institutions within the Oklahoma State System of Higher Education to participate in the program.

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

-SB 1159 by Sen. Tom Adelson, reduces the amount of tax credits transferred to the Oklahoma Capital Investment Board from the Oklahoma Development Finance Authority from $100 million to $50 million.

-SB 1465 by Sen. Brian Bingman, exempts from taxation a holder of a direct payment permit on tangible personal property intended solely for use in other states but which is stored in Oklahoma pending shipment to other states or which is temporarily retained in Oklahoma.

-SB 222 by Sen. Roger Ballenger, requires any professional or clerical support staff required by the Commission on County Government Personnel, Education and Training to be provided through the Cooperative Extension Service.

-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 1031 by Sen. Roger Ballenger, removes language directing that municipal road mileage constructed, improved, repaired or maintained by a county is not included in the computation of mileage for the purposes of any state tax revenue apportioned to the county.

-SB 1046 by Sen. Dan Newberry, requires state employees in supervisory positions to receive certain training.

-SB 1083 by Sen. Don Barrington, requires certain state agencies to provide or contract to provide debriefing and counseling services for state employees.

-SB 1180 by Sen. Mark Allen, requires the Department of Public Safety to issue an annual vehicle permit to a transportation company or manufacturer of portable building solely for the movement of oversized portable buildings for a specific manufacturer.

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

-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 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 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 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 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 1280 by Sen. Mike Schulz, creates the Oklahoma Hospital Residency Training Program Act.

-SB 1328 by Sen. Brian Crain, expresses legislative intent to appropriate additional funds annually to the Oklahoma Water Resources Board.

-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 1398 by Sen. Sean Burrage, requires the Department of Human Services to privatize all types of community-based out-of-home placement.

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

-SB 1523 by Sen. Rob Johnson, clarifies the requirement for every domestic limited liability company and every foreign limited liability company registered to do business in Oklahoma to pay an annual certificate fee of $25 to the Secretary of State.

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

-SB 1537 by Sen. Susan Paddack, requires that any permit issued for a truck or truck-tractor operating in combination with a trailer or semitrailer contain only the license plate number for the truck or truck-tractor.

-SB 1554 by Sen. Ralph Shortey, removes language limiting the State Fire Marshal Revolving Fund to $550,000.

-SB 1582 by Sen. Rob Johnson, allows the executive director of the Office of Juvenile Affairs to appoint and commission campus police for secure juvenile facilities and their adjacent grounds under the jurisdiction of the OJA in the same manner and with the same powers as campus police appointed by governing boards of state institutions for higher education.

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

-SB 1640 by Sen. Bryce Marlatt, eliminates increased fines for second and subsequent toll violations.

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

-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 1676 by Sen. Mike Schulz, modifies statutory references to the Oklahoma Income Tax Act.

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

-SB 1796 by Sen. Clark Jolley, adds obligations of the state of Oklahoma, its agencies and its local governments that are rated in the top two categories by either Standard and Poor’s or Moody’s or Fitch and investment programs administered by the state treasurer to those which school district treasurers may invest funds from the district’s investment account.

-SB 1820 by Sen. Jim Halligan, requires that the weighted membership of nonresident, transferred pupils enrolled in online courses be determined by multiplying the actual enrollment.

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

-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.

-SB 1879 by Sen. John Ford, states that under the Education Leadership Oklahoma Program, teachers seeking National Board certification are to be awarded the application processing charge, assessment fee and a scholarship.

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

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


Wednesday, April 11

• The Senate met Wednesday, approving the following measures:

-HB 2518 by Rep. Sally Kern, modifies the definition of human trafficking.

-HB 2970 by Rep. Todd Thomsen, requires students to take high school, college, and job skills readiness exams.

-HB 2429 by Rep. Paul Roan, designates a section of highway.

-HB 2286 by Rep. Emily Virgin, outlines the formula for awarding a portion of a veteran’s retirement funds after divorce.

-HB 1577 by Rep. Scott Martin, discusses the apportionment regulations pertaining to the Public Employees Relations Board.

-HB 2683 by Rep. Gary Banz, defines a power drive system.

-HB 2364 by Rep. Lisa Billy, allows for any electronic communication device that has no identifiable owner and is seized as a violation to be disposed of or sold by the agency that seized the device.

-HB 1814 by Rep. T.W. Shannon, expands the responsibility of special maintenance crews to cover projects under $500,000.

-HB 2302 by Rep. Wes Hilliard, broadens the definition of kidnapping to include decoys, abductions or being carried away.


• Senate committees took no action on Wednesday.

• The House met Wednesday, approving several bills, including the following:

-SB 1533 by Sen. Clark Jolley, declares legislative intent to appropriate monies to the Oklahoma State Athletic Commission in necessary amounts.

-SB 1830 by Sen. Clark Jolley, amends legislation related to the admissibility of evidence.

-SB 1000 by Sen. Gary Stanislawski, removes requirements for counties to be contiguous for purchasing agreements.

-SB 1678 by Sen. Mike Schulz, relates to transport of a manufactured home.

-SB 1354 by Sen. Sean Burrage, allows citizens who use bioptic telescopic devices to obtain a driver’s license.

-SB 1493 by Sen. Susan Paddack, adds a section setting the maximum time period for initial and second reviews as pertaining to the Oklahoma Certified Real Estate Appraisers Act.

-SB 1866 by Sen. Dan Newberry, moves responsibilities related to the Alarm and Locksmith Industry Committee to the Labor Commissioner.

-SB 1320 by Sen. Rick Brinkley, names sections of highway in Tulsa.

-HB 1218 by Ren. Dan Kirby, removes the provision which exempts counties that maintain a Juvenile Bureau from guidelines for employing a juvenile officer.

-SB 1218 by Sen. David Holt, allows colleges or universities to waive the 300-foot requirement by providing written notice to the establishment seeking license and the ABLE Commission.


• House committees approved the following measures on Wednesday:

-SB 1919 by Sen. Eddie Fields, creates the Commercial Pet Breeders Act of 2012.

-HJR 1113 by Rep. Jason Nelson, approves permanent rules regarding the collection of child support.

-HJR 1109 by Rep. Pat Ownbey, approves the Oklahoma Board of Nursing’s permanent rules.

-HJR 1112, by Rep. Jerry McPeak, approves permanent rules adopted by the State Board of Cosmetology.

-HJR 1110 by Rep. Don Armes, approves the Department of Environmental Quality’s permanent rules.

-SJR 80 by Sen. Eddie Fields, proposes a constitutional amendment prohibiting a constitutional provision that would prevent a member of Congress or person holding office or trust of profit from holding office or trust of profit 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.

-SB 1325 by Sen. Brian Crain, creates a Water Infrastructure Financing Task Force.

-SB 1327 by Sen. Brian Crain, creates the Regional Water Planning Act.

Thursday, April 12

• The Senate met Thursday, approving the following measures:

-SR 47 by Sen. Roger Ballenger, declares April 9-13 as County Government Week in Oklahoma.

-SCR 37 by Sen. Jim Halligan, congratulates the Oklahoma State University Cowgirls Basketball team for winning the 2012 Women’s Invitational Tournament.

-HB 3108 by Rep. Jeff Hickman, designates sections of highway.

-HB 2225 by Rep. George Faught, extends the sunset date for the Climatological Survey.

-HB 2230 by Rep. George Faught, extends the sunset date for the Oklahoma Liquid Petroleum Gas Research, Marketing and Safety Commission.

-HB 2289 by Rep. Randy Grau, alters application requirements for process servers.

-HB 2646 by Rep. David Brumbaugh, increases membership of the State Use Committee.

-HB 2564 by Rep. Paul Wesselhoft, states that cooperation between the state of Oklahoma and Indian tribes is required for the maintenance and construction of transportation facilities.

Other News


• On Wednesday Attorney General Scott Pruitt’s Criminal Appeals Unit announced plans to appeal a stay of execution order issued by an Oklahoma federal court. The order stays the execution of killer Garry Thomas Allen. The state will appeal the stay to the 10th Circuit Court of Appeals. The federal court’s order came a day after Allen’s request for a stay of execution and petition for writ of mandamus were denied by the Oklahoma Court of Criminal Appeals, Allen’s last step in the state appeals process. Allen’s execution was scheduled for Thursday. Allen was convicted and sentenced to death for the murder of his fiancée in 1986.

• C-SPAN visited the state, shooting interviews and other material for segments looking at Oklahoma’s history as well as more contemporary situations. C-SPAN will examine Oklahoma’s Native heritage; how the Ada Lois Sipuel legal challenge to allow minorities to enroll at the OU College of Law laid the foundation for Brown v. Board of Education; the Oklahoma City National Memorial, as well Oklahoma politics, literature, and other issues.

• A reported 200 local, state and federal candidates arrived at the State Capitol on Wednesday, marking the first of the three-day filing period for the 2012 election cycle. In the past, the filing period had been held in June, but legislation approved in 2011 to enable troops abroad to more fully participate during election cycles resulted in the filing period taking place during the legislative session. Some observers have predicted the early filing period could result in an early adjournment of the session to allow members to return to their districts to campaign.