The Oklahoma Senate

Week In Review
Monday, April 16 to Thurs, April 19, 2012

Monday, April 16

• The Senate approved several bills on Monday:

-HB 1968 by Rep. Glen Mulready, adds any health benefit plan that denies or refuses to accept an application for life insurance to the list of factors that will constitute as an unfair claim settlement practice.

-HB 2197 by Rep. Jason Murphey, creates the Cost Reduction and Saving Act.

-HB 2200 by Rep. John Trebilcock, modifies the definition of “third-party information” under the Oklahoma Real Estate License Code.

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

-HB 2264 by Rep. Doug Cox, transfers from the State Board of Health to the Oklahoma Department of Agriculture 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 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 2365 by Rep. Lisa Billy, modifies the jurisdictional areas of environmental responsibility under the Department of Environmental Quality to include radioactive waste and all regulatory activities for the use of atomic energy and sources of radiation except for electronic products used for the diagnosis by diagnostic x-ray facilities and electronic products used for bomb detection by public safety bomb squads within law enforcement agencies of the state or within law enforcement agencies of any political subdivision of the state.

-HB 2414 by Rep. Randy Grau, modifies the definition of “construction defect” under the Notice of Opportunity to Repair Act.

-HB 2502 by Rep. Weldon Watson, decreases the term of a Grand River Dam Authority Board of Directors member from seven to five years.

-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 2645 by Rep. David Brumbaugh, requires each member of the county excise board to attend and successfully complete a course of instruction consisting of at least six hours within 18 months of appointment for the first four years of service on the board and three hours of instruction for every four years of service after the expiration of the initial four-year period.

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

-HB 2715 by Rep. Mike Jackson, modifies language regarding licenses for pesticide applicators.

-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 2991 by Rep. Mike Ritze, creates the Oklahoma State Government Vital Statistics Modernization Act.

-HB 3133 by Rep. Kris Steele, modifies language regarding the Oklahoma Commission on Children and Youth.

-HB 3134 by Rep. Kris Steele, states legislative intent to improve the function and increase the efficiency of the Department of Human Services.

-HB 3135 by Rep. Kris Steele, clarifies that confidentiality of certain documents does not prohibit the Department of Human Services from providing a summary of an individual’s child welfare history.

-HB 3136 by Rep. Kris Steele, directs the Department of Human Services to develop and implement a plan to create a certification process for child welfare workers.


• Senate committees took no action on bills Monday.

• The House met Monday, approving the following measures:

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

-SB 1056 by Sen. Frank Simpson, authorizes a pilot program to be established at technology center school districts to increase the number of students taking industry certification examinations and obtaining trade-specific industry certification and licenses.

-SB 1082 by Sen. Roger Ballenger, maintains as confidential all information contained in the database for deferred deposit lenders authorized under the Deferred Deposit Lending Act.

-SB 1095 by Sen. Charles Laster, authorizes the chair of the State Board of Examiners of Psychologists, upon the concurrence of the vice chair that an emergency exists, to conduct a hearing to temporarily suspend the license of any person under the board’s jurisdiction.

-SB 1412 by Sen. Susan Paddack, authorizes the commissioner of public safety and other officers of the department designated by the commissioner to provide a copy of any record required to be maintained by the department at no charge to any nonprofit provider exempt from federal income tax and contracted by the Developmental Disabilities Services Division of the Oklahoma Department of Human Services.

-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 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 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 holding any office or be the deputy under the laws of Oklahoma.

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

-SB 1667 by Sen. Rob Johnson, clarifies language related to the licensing of those of sale, distribution, possession and handling of low-point beer.

-SB 1889 by Sen. Bryce Marlatt, requires all campus police departments to notify the district attorney in the county where the campus police department is located of any complaint received by the campus police on any alleged crime of rape or child abuse that is to have occurred within the jurisdictional boundaries of the campus within three days of receiving the complaint.


• House committees took no action Monday.

Tuesday, April 17

• The Senate approved the following measures on Tuesday:

-HB 3038 by Rep. Leslie Osborn, reduces the Oklahoma Income Tax.

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

-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 2281 by Rep. Larry Glenn, requires an undersheriff to be designated of record in the county clerk’s office.

-HB 2273 by Rep. Doug Cox, authorizes the Oklahoma Health Care Authority to pay professional expenses of the administrator of the authority.

-HB 2371 by Rep. Mike Sanders, increases from $2,500 to $5,000 the maximum amount of county equipment, machinery or vehicle repair that may be covered by a blanket purchase order.

-HB 2433 by Rep. Paul Roan, modifies language regarding the use of a motor vehicle or motor driven cycle.

-HB 2446 by Rep. Marty Quinn, modifies language regarding registration of a professional employer organization or professional employer organization group.

-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 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.

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

-HB 2647 by Rep. David Brumbaugh, requires leased vehicles to be affixed with the “State of Oklahoma” designation.

-HB 2751 by Rep. Dan Kirby, directs the State Insurance Commissioner Revolving Fund to also include fees paid to the Insurance Department Anti-Fraud Revolving Fund to investigate suspected insurance fraud.

-HB 2834 by Rep. Scott Martin, modifies language regarding the Executive Branch Reform Act of 1986.

-HB 2941 by Rep. David Derby, directs any pharmacy that dispenses, sells or distributes any compound mixture or preparation containing any detectable quantity of base pseudoephedrine or ephedrine to maintain an electronic record of the sale.

-HB 3009 by Rep. Randy Terrill, states a person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer, correctional officer or corrections employee while the officer or employee is in the performance of official duties.


• Senate committees took no action Tuesday.


• The House met Tuesday, approving the following measures:

-SB 1398 by Sen. Sean Burrage, directs DHS to outsource recruitment, training and retention of all foster care homes and service providers.

-SB 1448 by Sen. Rick Brinkley, states that original documents filed by taxpayers related to property appraisal and valuation must be maintained by the county assessors.

-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 1119 by Sen. Earl Garrison, requires each school district to provide each parent, guardian or legal custodian of a student with an auditory or visual impairment with written information during the individual education program process concerning the availability of programs offered by the Oklahoma School for the Blind and the Oklahoma School for the Deaf.

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

-SB 1644 by Sen. Bryce Marlatt, adds over-length vehicles engaged in harvest operations as long as the length of the truck-tractor does not exceed 81 feet.

-SB 1847 by Sen. Jonathan Nichols, requires the Department of Public Safety to provide the governor, House speaker and Senate president pro tempore quarterly reports on the staffing levels within the Oklahoma Highway Patrol and whether the personal safety of Highway Patrol troopers is at an increased risk because of staffing deficiencies.

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


• House committees took no action Tuesday.


Wednesday, April 18

• The Senate met Wednesday, approving the following measures:

-HB 2419 by Rep. John Enns, provides that any entity or individual that provides access to a safe place in times of severe weather will not be liable for any civil damages to any person using the safe place during severe weather if the entity or individual was acting in good faith and the damage or injury was not caused by willful or wanton negligence or misconduct.

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

-HB 2254 by Rep. Ben Sherrer, creates the Local Law Enforcement Mental Health Empower Act.

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

-HB 2257 by Rep. Ben Sherrer, adds a definition of trustee advisor under the Oklahoma Trust Act.

-HB 2258 by Rep. Ben Sherrer, directs the Oklahoma Tax Commission, Oklahoma Workers’ Compensation Court, the Oklahoma Department of Labor and the Oklahoma Employment Security Commission to share information and coordinate investigative and enforcement efforts to detect those employers who intentionally misclassify individuals as independent contractors rather than employees for the purpose of affecting procedures and payments relating to withholding and social security, unemployment tax or workers’ compensation premiums.

-HB 2392 by Rep. Guy Liebmann, decreases from 12 to nine the membership of the Long-Range Capital Planning Commission.

-HB 2476 by Rep. Seneca Scott, modifies the notice requirement placed on a municipality seeking to clean trash, weeds or grass from a property.

-HB 2494 by Rep. Lee Denney, modifies language regarding the A-through-F grading system for schools.

-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.

-HB 2558 by Rep. Paul Wesselhoft, appropriates to the Employment Security Administration Fund out of funds made available to the state by the federal Unemployment Compensation Modernization Transfer.

-HB 2566 by Rep. Harold Wright, modifies language regarding the State Board of Health’s rules implementing the Continuum of Care and Assisted Living Act.

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

-HB 2686 by Rep. Gary Banz, allows the State Board of Licensure for Professional Engineers and Land Surveyors to deny the restoration or renewal of or place on probation for a period of time and subject to such condition as the board may specify on a license.

-HB 2724 by Rep. Scott Inman, requires state employees to be notified 30 days in advance of a furlough.

-HB 2738 by Rep. Ron Peters, modifies language related to disbursement from the Oklahoma Universal Service Fund.

-HB 2748 by Rep. Dan Kirby, allows an appraiser licensed by and residing in another state who is not licensed in Oklahoma and does not obtain an Oklahoma temporary practice permit to apply for and obtain a reciprocal license if the appraiser licensing and certification program of the appraiser’s state is in compliance with reciprocity provisions and the nonresident appraiser holds a valid certification from a state whose requirements for licensure or certification meet or exceed those of Oklahoma.

-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 2902 by Rep. Danny Morgan, requires each county to be reapportioned by the board of county commissioners on or before Oct. 1 following the final official publication of the Federal Decennial Census and for the reapportionment to be recorded in a resolution adopted by the commissioners.

-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.

-HB 3043 by Rep. Leslie Osborn, creates the Fair and Open Competition in Government Construction Act.

-HB 3053 by Rep. Kris Steele, creates the Government Administrative Process Consolidation and Reorganization Reform Act.

-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 insured person.

-HB 3119 by Rep. Jeff Hickman, removes language requiring the State Board of Education to provide from the School Assistance Consolidation Fund a severance allowance to employees dismissed from employment due to annexation or consolidation of a school district.

-HB 2646 by Rep. David Brumbaugh, increases the number of members on the State Use Committee from five to seven.

-HB 3055 by Rep. Kris Steele, creates the Water for 2060 Act.


• Senate committees took no action on Wednesday.

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

-SB 1913 by Sen. Frank Simpson, eliminates the requirement that the Oklahoma Tourism and Recreation Commission utilize five percent of the Oklahoma State Park Trust Fund.

-SB 1059 by Sen. Bill Brown, creates the Health Care Choice Act.

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

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

-HJR 1112 by Rep. Larry McPeak, approves the State Board of Cosmetology’s permanent rules.

-SB 1152 by Sen. Bill Brown, prohibits any insurer, agent, broker, solicitor or other person to provide any prizes, goods, wares, merchandise or tangible property of a value in excess of $100 as an inducement to insurance or in connection with any insurance transaction.

-SB 1371 by Sen. John Sparks, relates to confidentiality and protection from discovery by subpoena of certain documents, materials or other information in the possession or control of the Insurance Department.

-SB 1475 by Sen. Rob Johnson, creates the Service Warranty Act.

-SB 1506 by Sen. Eddie Fields, permits the Grand River Dam Authority to participate in the Southwest Power Pool Integrated Marketplace.

-SB 1554 by Sen. Ralph Shortey, modifies the membership of the State Fire Marshal Commission.

-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 1617 by Sen. Bill Brown, modifies language relating to the Non-admitted and Reinsurance Reform Act of 2010.

-SB 1618 by Sen. Bill Brown, requires an insurer to provide to any insurance producer authorized to sell life, accident or health insurance products, whose appointment has been terminated for certain reasons, information relating to the policy of the person who purchased a product from such producer if the insured has signed a form authorizing the release of the information.

-SB 1621 by Sen. Bill Brown, exempts association health plans from the Small Employer Health Insurance Reform Act.

-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 except in municipalities with populations of 250,000 or more.


• House committees on Wednesday approved several joint resolutions regarding administrative rules.

Thursday, April 19

• The Senate met Thursday, approving the following measures:

-HB 2431 by Rep. Paul Roan, clarifies language regarding the OSBI’s ownership and operation of an aircraft on project or mission basis.

-HB 2246 by Rep. Sue Tibbs, allows members of the child response team to be utilized in the investigation of crimes other than cases of physical and sexual abuse of a child.

-HB 2568 by Rep. Harold Wright, raises punishment for causing great bodily injury due to motor vehicle accident to ten years in the custody of the Department of Corrections.

-HB 2288 by Rep. Emily Virgin, removes unnecessary language and adds exception for opting out of the state’s basic plan if coverage is at or before beginning of the new plan.

-HB 2318 by Rep. Charles Key, changes the frequency of financial examinations of domestic insurers to every five years.

-HB 3079 by Rep. Jason Murphey, removes references to the Office of State Finance and replaces with references to the Office of Management and Enterprise Services.

-HB 2939 by Rep. David Derby, allows information services divisions to bill agencies for services at an estimated cost.

-HB 2736 by Rep. Ron Peters, states that DHS shall outsource foster care.

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

-HB 2535 by Rep. Mark McCullough, states that a nonvested property interest, a general power of appointment not presently exercisable and a non-general power of appointment are invalid unless created 21 years after the death of an individual.

-HB 2321 by Rep. Randy McDaniel, modifies the number of unused sick days that can be used for creditable service in the Teachers’ Retirement System and the OK Public Employees Retirement System.

-HB 2320 by Rep. Randy McDaniel, states that members of the Oklahoma Firefighters Deferred Option Plan will receive 7.5 percent annual interest after a five-year enrollment period.

-HB 2319 by Rep. Randy McDaniel, raises the amount of the paid base salary of each member of the Oklahoma Police Pension and Retirement System appropriated into the System by a municipality to 14 percent.

-HB 1910 by Rep. Mike Jackson, states that the Water Resources Board may prepare exams and other requirements for applicants to obtain licenses and operations certifications.

-HB 2928 by Rep. Don Armes, clarifies statutory references relating to gross production taxes.

-HB 2841 by Rep. Scott Martin, amends sections relating to motor vehicles and license plates.

-HB 2575 by Pat Ownbey, modifies criteria for obtaining a salvage or junk title.

-HB 2584 by Rep. Gary Banz, defines standard period of labor for support personnel.

-HB 3110 by Rep. Earl Sears, allows for surviving spouse to be eligible for the exempt treatment of livestock used for their support if they meet certain criteria.

Other News

• Thursday marked the 17th anniversary of the Oklahoma City bombing. The 1995 bombing of the Murrah Federal Building in downtown Oklahoma City took the lives of 168 people. A crowd of more than 2,000 gathered at the Oklahoma City National Memorial to honor the victims.

• State Treasurer Ken Miller this week announced the receipt of Oklahoma’s annual tobacco settlement payment. A total of $74.6 million was received by the state, 75 percent of which is marked for the Tobacco Settlement Endowment Trust. The remainder is divided between a fund used for appropriation by the Legislature and the attorney general’s evidence fund.

• The Oklahoma Legislative Black Caucus met with the Rev. Jesse Jackson this week, who announced the establishment of statewide coalition focused on the expansion of diversity in state government, and various other issues.

• Oklahoma oilman and philanthropist Harold Hamm was recently named by Time Magazine as one of the 100 most influential people in the world. Hamm is CEO of Continental Resources, an energy company currently relocating to Oklahoma City from Enid.