The Oklahoma Senate

Week In Review
Monday, April 23 to Thurs, April 25, 2012

Monday, April 23

• The Senate approved the following bills on Monday:

-HB 1562 by Rep. Fred Jordan, directs the attorney general to prepare a written statement that includes a “Landowner’s Bill of Rights”.

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

-HB 1985 by Rep. Chuck Hoskin, provides that any veteran who meets the basic qualifications for a position be interviewed in person in order to allow the veteran to demonstrate any transferable skills acquired in military service.

-HB 2325 by Rep. Dale DeWitt, removes current language regarding the commissioner of public safety’s authority to issue permits to persons engaged in the transportation of overwidth or overheight equipment used in soil conservation work.

-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 2373 by Rep. Mike Sanders, authorizes county commissioners to execute deeds of conveyance of any county lands acquired at tax resale to the Oklahoma Health Care Authority if OHCA has liens on the land.

-HB 2607 by Rep. Gus Blackwell, prohibits the Oklahoma Wildlife Conservation Commission and the Department of Wildlife Conservation from entering into or approving a conservation easement or setback for purposes related to energy or agricultural structures and regarding the lesser prairie chicken that is more restrictive than that in federal law, rules or guidelines.

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

-HB 2648 by Rep. David Brumbaugh, allows county assessors to provide photocopies of taxpayer rendition forms and photocopies of any other documents filed by the taxpayer that are directly related to and necessary for appraisers to assist in this capacity.

-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 2689 by Rep. Charles Joyner, makes a student eligible for in-state tuition regardless of the residency of the student if he or she is the dependent child of a person currently serving as a member of the actively uniformed military services of the United States.

-HB 2741 by Rep. Ron Peters, modifies legislative intent of the Oklahoma Juvenile Code.

-HB 2920 by Rep. Steve Martin, allows a person to use enclosed trigger traps for the purpose of catching wildlife.

-HB 2978 by Rep. David Dank, requires the Oklahoma Department of Commerce to conduct a preapproval cost/benefit analysis to determine whether activity expected to result directly from the granting of a tax credit by the Oklahoma Tax Commission.

-HB 3137 by Rep. Kris Steele, clarifies language regarding the authority of the Commission for Human Services.

-HJR 1092 by Rep. Kris Steele, proposes a constitutional amendment repealing language relating to the Oklahoma Public Welfare Commission and the director of public welfare.

-HJR 1070 by Rep. Larry Glenn, designates the Coleman Theatre Beautiful in Miami as the premiere vaudeville theatre in the state.


• Senate committees took no action on bills Monday.

• The House met Monday, approving the following measures:

-SB 1159 by Sen. Tom Adelson, modifies language related to the Oklahoma Capital Investment Board.

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

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

-HJR 1115 by Rep. George Faught, approves the State Board of Licensed Social Workers’ permanent rules.

-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 1222 by Sen. Frank Simpson, creates the Oklahoma Veterans Treatment 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 after the preliminary hearing is concluded and the claimant is bound over and shall remain stayed until the final disposition of the criminal case.

-SB 1272 by Sen. Jonathan Nichols, adds the executive director of chief investigator of the Board of Examiners in Optometry and Oklahoma Board of Nursing as people allowed to access to information collected at the central repository pursuant to the Anti-Drug Diversion Act.

-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 in addition to any state funding currently directed to various state and federal agencies involved in administering data collection programs for measuring water quality and water quantity.

-SB 1397 by Sen. Brian Crain, requires the Oklahoma Health Care Authority to create a sliding scale for premium assistance where the premium assistance provided to an employee is reduced as the employee’s salary is increased in administering a premium assistance program.

-SB 1419 by Sen. Ralph Shortey, requires vehicles leased by a state agency to affix the words “state of Oklahoma” and the name of the agency on the vehicle.

-SB 1464 by Sen. Brian Bingman, adds oil and gas drilling to the list of qualified industries under the Oklahoma Quality Jobs Programs Act.

-SB 1480 by Sen. Kim David, deletes language requiring county electrical inspectors to be familiar with all types of electrical installations and methods.

-SB 1862 by Sen. Ron Justice, creates the Elevator Safety and Inspection Act.

-SB 1863 by Sen. Steve Russell, creates the Post-Military Service Occupation, Education and Credentialing 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 1874 by Sen. Brian Crain, provides that all revocation, suspension, cancellation or denial periods of time of driving privileges will be considered served on successful graduation from an Oklahoma Drug Court Program unless evidence of drug or alcohol use occurring post-graduation is acquired by the Department of Public Safety.

-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 participate in employer-sponsored health insurance coverage if the health insurance coverage requires a contribution from the employee.


• House committees took no action Monday.

Tuesday, April 24

• The Senate approved the following measures on Tuesday:

-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 bring a civil action against the abortion provider.

-HB 2381 by Rep. Josh Cockroft, requires a physician who prescribes, dispenses or otherwise provides RU-486 to be present in the same room as the patient when the drug is first provided to the patient.

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

-HB 3049 by Rep. Mike Sanders, makes it unlawful for a registered aggravated sex offender to reside with a minor child or establish any other living accommodation where a minor resides.

-HB 1222 by Rep. Mark McCullough, directs the Oklahoma Motor Vehicle Commission to provide a new motor vehicle dealer license for powersports vehicle dealers.

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

-HB 2390 by Rep. Guy Liebmann, modifies language related to the Petroleum Storage Tank Indemnity Fund.

-HB 2391 by Rep. Guy Liebmann, modifies apportionment of the 1 cent per gallon assessment on motor fuel used or consumed in the state.

-HB 2447 by Rep. Marty Quinn, provides a definition of “exclusive provider benefit plan” under the Health Care Freedom of Choice Act.

-HB 2469 by Rep. Richard Morrissette, creates the Oklahoma Transportation Infrastructure Bank Act.

-HB 2516 by Rep. Sally Kern, removes language stating that if a student is found not to 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 2520 by Rep. Jason Murphey, creates the Government Reorganization Act.

-HB 2522 by Rep. Steve Martin, removes reference to concealed handgun licenses and provides a definition of “unconcealed handgun” under the Self-Defense Act.

-HB 2525 by Rep. Steve Martin, allows law enforcement to use online verification of comupulsory insurance as the primary cause for law enforcement to stop a motor vehicle.

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

-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.

-HB 2563 by Rep. Paul Wesselhoft, modifies qualifications for the Native American liaison.

-HB 2616 by Rep. Dennis Johnson, provides a sales tax exemption on the sale of durable medical equipment.

-HB 2742 by Rep. Ron Peters, modifies the terms of a consumer credit sale.

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

-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.

-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 2994 by Rep. Tom Newell, requires written consent to be obtained by the owners of more than half the area of the land before any property can be included as part of a street improvement district.

-HB 3056 by Rep. Kris Steele, requires the Legislature each fiscal year to appropriate adequate funding to the State Board of Education and the State Board of Career and Technology Education to provide a flexible benefit allowance to school district employees.

-HB 3058 by Rep. Kris Steele, creates the Oklahoma Hospital Residency Training Program.

-HJR 1001 by Rep. David Dank, proposes a constitutional amendment increasing the gross household income limitations for homestead exemptions for people age 65 or older from 100 percent of the county’s median household income to 125 percent of the county’s median household income.

-HJR 1082 by Rep. Sean Roberts, proposes a constitutional amendment removing the restriction on a person who holds an office under the laws of the state or who is a member of Congress in Oklahoma from retaining such office if the person is a member of the Oklahoma National Guard.

-HJR 1093 by Rep. Scott Inman, disapproves a 6 percent pay increase for judges.


• Senate committees took no action Tuesday.


• The House met Tuesday, approving the following measures:

-HR 1054 by Rep. Steven Vaughan, states that “person” means a human being at all stages of human development of life.

-SB 1096 by Sen. Brian Bingman, creates the Oklahoma State Facilities Energy Conservation Program.

-SB 1535 by Sen. Clark Jolley, requires the Capitol architect and curator to develop technical plans and programs for consideration by and make recommendations to the Legislature and governor, in addition to the State Capitol Preservation Commission.

-SB 448 by Sen. Don Barrington, modifies the definition of “tank vehicle”.

-SB 1001 by Sen. Gary Stanislawski, prohibits members of the Teachers’ Retirement System who are convicted or pleaded nolo contendere to certain felony crimes from receiving retirement benefits.

-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 as well as the Workers’ Compensation Unit and the Insurance Fraud Unit of the Office of the Attorney General.

-SB 1247 by Sen. Jonathan Nichols, removes 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 1280 by Sen. Mike Schulz, creates the Oklahoma Hospital Residency Training Program Act.

-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 1366 by Sen. Tom Ivester, requires mental health treatment instructions contained in a declaration to supercede any contrary or conflicting instructions given by an attorney-in-fact.

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

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

-SB 1601 by Sen. Sean Burrage, permits a fair association that qualifies as an organization licensee for the purposes of horseracing to apply to the Oklahoma Horse Racing Commission to conduct one race meeting per year at the racing enclosure of another organization licensee in the state that agrees to hose the race meeting.

-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 and replaces it with the Oklahoma Energy Initiative.

-SB 1875 by Sen. David Holt, creates the Safari McDoullet Community Service Act.

-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 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.


• House committees took no action Tuesday.


Wednesday, April 25

• The Senate met Wednesday, approving the following measures:

-HB 2247 by Rep. George Faught, is the omnibus sunset bill.

-HB 3052 by Rep. Kris Steele, creates the Justice Reinvestment Initiative.

-HB 2236 by Rep. George Faught, extends the sunset clause for the Oklahoma Educational Television Authority.

-HB 2641 by Rep. Lee Denney, creates the 21st Century Successful Living Act.

-HB 1058 by Rep. Charles Key, modifies the number of signatures required to form a political party from a minimum of 22,500 registered voters.

-HB 2582 by Rep. Jeannie McDaniel, adds definitions related to the Long-Term Care Security Act.

-HB 3091 by Rep. Cory Williams, states that members of the judiciary, district attorneys, youthful offenders and their counsels, employees of juvenile bureaus and the Office of Juvenile Affairs and the Department of Corrections may access expunged records.

-HB 2836 by Rep. Scott Martin, prohibits certain seizures by municipal or county bodies.

-HB 2266 by Rep. Doug Cox, defines public health services and physician-approved protocol.

-HB 2396 by Rep. Wade Rousselot, increases the fixed period of protective orders to five years.

-HB 2198 by Rep. Ray Vaughan, creates a penalty for taking certain paddlefish products.

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

-HB 2929 by Rep. Don Armes, clarifies language relating to Commercial Water Infrastructure Development Revolving Fund.

-HB 2605 by Rep. Gus Blackwell, states that county clerks are not required to provide any record by electronic means.

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

-HB 2248 by Rep. T.W. Shannon, apportions certain monies to the Rebuilding Oklahoma Access and Driver Safety Fund.

-HB 2250 by Rep. T.W. Shannon, states that any officer who has stopped a vehicle to weight it with portable scales must allow the driver of the vehicle to move to the most level weighing area within 2 miles of the stop.

-HB 2249 by Rep. T.W. Shannon, modifies annual appropriation percentage requirements for contributions to the General Revenue Fund of the State Treasury.

-HB 2587 by Rep. Charles Joyner, modifies language regarding repayment assistance.

-HB 2090 by Rep. Randy Terrill, allows career and technology centers to participate in building fund levies.

-HB 2714 by Rep. Mike Jackson, extends the sunset clause for the Oversight Committee for State Employee Charitable Contributions.

-HB 2204 by Rep. Randy McDaniel, increases penalties for unemployment benefit fraud.

-HB 3130 by Rep. Jason Nelson, limits State Department of Education changes to certain codes and procedures to no more than once a year.

-HB 2440 by Rep. Dale DeWitt, increases the amount of district judges for District 21 from four to five.

-HB 2367 by Rep. Lisa Billy, waives required written and driving examinations for motorcycle licenses for persons completing a certified Motorcycle Safety Foundation rider course.

-HB 2374 by Rep. Sue Tibbs, exempts vehicles towed by a licensed wrecker operator from confiscation by any law enforcement officer.

-HB 2952 by Rep. Randy McDaniel, modifies employee and employer contribution rates to retirement funds.

-HB 2676 by Rep. Jabar Shumate, creates the Oklahoma Bridge to Literacy Program.

-HB 2835 by Rep. Scott Martin, allows for the usage of a certain amount of grey water for certain purposes without a permit.

-HB 2746 by Rep. Dan Kirby, adds two professional combative sports practitioners to the Oklahoma State Athletic Commission.

-HB 2669 by Rep. Joe Dorman, allows plats to be available upon request of the county clerk.

-HB 2903 by Rep. Danny Morgan, allows plats to be available upon request of the county clerk.

-HJR 1085 by Rep. Phil Richardson, sends to a vote of the people a measure that would clarify language in regard to the Statewide Water Development Revolving Fund.

-HB 2652 by Rep. Lee Denney, creates the Oklahoma Innocence Collaboration Act.

-HB 2959 by Rep. Mike Christian, includes “tribal law enforcement officer” as a peace officer.


• Senate committees took no action on Wednesday.

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

-SB 1234 by Sen. Mike Mazzei, limits a gross production tax exemption for the production of oil and gas from a horizontally drilled wells.

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

-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 1242 by Sen. Don Barrington, allows the court to order a defendant to reimburse the Oklahoma attorney general for costs incurred by that agency during its investigation of a crime for which the defendant pleaded guilty, no contest or was convicted if the defendant is able to pay without manifest hardship and if the costs incurred by the agency may be determined with reasonable certainty, except as otherwise provided in the Elderly and Incapacitated Victim’s Protection Program.

-SB 46 by Sen. Don Barrington, exempts the surviving and un-remarried spouse of a deceased 100 percent disabled veteran from sales tax on tangible personal property.

-SB 1040 by Sen. Bryce Marlatt, changes the name of the Community Water Infrastructure Development Revolving Fund to the Community Water Infrastructure Development and Planning Revolving Fund.

-SB 1052 by Sen. Harry Coates, modifies language related to the Public Building Construction and Planning Act.

-SB 1071 by Sen. Kim David, reauthorizes the income tax checkoff for Court Appointed Special Advocates.

-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 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 1523 by Sen. Rob Johnson, clarifies the requirement for every domestic limited liability company.

-SB 1525 by Sen. Clark Jolley, permits the secretary of environment to take certain actions to promote compliance with federal law.

-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.

-SB 1690 by Sen. Anthony Sykes, provides that the residency of dentist members of the Board of Dentistry will be determined by the primary location listed on the dentists’ licenses.

-SB 1716 by Sen. John Sparks, establishes a crime for a person who maliciously and knowingly cuts or damages a fence used for the production or containment of livestock.

-SB 1734 by Sen. Anthony Sykes, authorizes agents of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control to conduct investigations into and to arrest those suspected of money laundering.

-SB 1796 by Sen. Clark Jolley, adds investment programs administered by the state treasurer to those which school district treasurers may invest funds from the district’s investment account.

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

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


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

Other News

• Although the White House denied Oklahoma’s request for federal disaster assistance for the Easter weekend tornado that killed six in Woodward, including three children, on Friday the governor announced a follow-up request for disaster assistance through the U.S. Small Business Administration had been approved. The designation provides SBA low interest disaster loans for renters, homeowners, business owners and private, non-profits to repair or replace any property damaged by the storm which was not covered by insurance or other assistance programs. The loan program is also available for Dewey, Ellis, Harper, Major and Woods counties.

• In addition, Oklahoma businesses and private citizens have continued their efforts to help. Apache Corp. announced plans to donate $350,000 to replace Woodward’s tornado warning system. The new sirens will be state-of-the-art, with battery backup and redundant controls.

• CF Industries announced a donation of $100,000 to the American Red Cross to assist with continued disaster relief operations. Woodward Regional Hospital has also announced a $50,000 donation to the Red Cross for those families still impacted by the twister.

• Wednesday was Domestic Violence Awareness Day at the State Capitol. Oklahoma is currently ranked 11th in the nation in the number of women killed by men. Event organizers placed life-size red cutouts of men, women and children representing victims of domestic homicide in the state. According to the Oklahoma State Bureau of Investigation, in 2010, 51 Oklahomans were victims of domestic homicide. More than 25,000 were victims of domestic violence.