The Oklahoma Senate

Week In Review
Monday, Feb. 4 to Thursday, Feb. 7, 2013


Monday, February 4

• The Senate met briefly Monday, before joining the House of Representatives in joint session for the governor’s state of the state address.


• Senate committees took no action on bills Monday.


• The House convened Monday, approving the following resolution:

-HR 1003 by Rep. T.W. Shannon, outlines the rules of procedure for the House of Representatives during the 54th Legislature.


• House committees met Monday, and approved the following resolution:

-HR 1004 by Rep. Pam Peterson, establishes the daily order of business for the House during the 54th Legislature.


Tuesday, February 5

• The Senate met Tuesday, approving the following resolution:

-SCR 6 by Sen. Brian Bingman, establishes joint rules of the Senate and the House for the 54th Legislature.


• Senate committees approved the following bills on Tuesday:

-SB 1016 by Sen. Brian Crain, creates regulations for the lawsuit lending industry.

-SB 164 by Sen. Jabar Shumate, reauthorizes the Sigma Gamma Rho license plate.

-SB 166 by Sen. Mike Mazzei, repeals the income tax credits for the installation of wind or photovoltaic energy systems and for the sale of food service establishments for immunizations against Hepatitis A.

-SB 167 by Sen. Mike Mazzei, repeals the income tax credit for the development of commercial space industries.

-SB 292 by Sen. Brian Crain, amends language pertaining to property and county treasurers.

-SB 321 by Sen. Mike Mazzei, repeals language related to notice to sales tax permit holders of statutory penalties.

-SB 332 by Sen. Mike Mazzei, eliminates gold and silver from the specified reporting requirements by the tax administration and eliminates language regarding the release of information on production.

-SB 387 by Sen. Mike Mazzei, eliminates Surviving Spouse License Plates and adds them to the Gold Star Surviving License Plates category.

-SB 476 by Sen. A.J. Griffin, authorizes the Oklahoma Tax Commission to design and issue an Oklahoman for the Arts license plate.

-SB 503 by Sen. Jabar Shumate, creates the Booker T. Washington High School license plate.

-SB 546 by Sen. Kyle Loveless, states that a $20 fee will be authorized by Oklahoma statutes for Chiefs of Police license plates to be deposited to the Oklahoma Association of Chiefs of Police License Plate Revolving Fund.

-SB 40 by Sen. Tom Ivester, exempts persons participating in a charity event, spectators, attendees or event workers, including but not limited to a walk, run, biking events, or sponsored or organized by a nonprofit entity or organization which has been sanctioned in advance by the Oklahoma Department of Wildlife Conservation from requirements of the Wildlife Conservation Passport.

-SB 41 by Sen. Harry Coates, adds wetlands managed by the Oklahoma Department of Wildlife Conservation and the impact of such management upon surrounding lands to the areas of environmental responsibility for the Oklahoma Conservation Commission.

-SB 105 by Sen. Josh Brecheen, defines a covenant marriage as a marriage entered into by a man and woman who understand and agree that the marriage between them is a lifelong relationship.

-SB 175 by Sen. A.J. Griffin, modifies the definition of rape to include victims who are sixteen years of age and less than twenty years of age who is a participant of a youth program or church service and engages in sexual intercourse with a person who is 18 years of age or older who is an employee or volunteer employee of the same church or ministry.

-SB 466 by Sen. Frank Simpson, prohibits the inclusion in computing any period to be limited by any law, regulation or order for the bringing of any action or proceeding in any court, department or other agency of government of this state or any of its governmental subdivisions by or against any person in military service, or by or against his or her heirs, executors, administrators, or assigns, whether such cause of action or proceeding shall have accrued prior to or during the period of such service, or any part of such period which occurs after the date of enactment of this act from inclusion in computing any period provided by any law for the redemption of real property sold or forfeited to enforce any obligation, tax or assessment.

-SB 404 by Sen. Clark Jolley, creates the Personal Injury Trust Fund Transparency Act.

-SB 484 by Sen. Mike Mazzei, changes from two to five, the number of years a person who has previously served as a juror may be exempt from serving again in their counties.

-SB 594 by Sen. Brian Bingman, modifies provisions related to corporate boards of directors.

-SB 754 by Sen. Rob Johnson, creates the Rational Use of a Product Act.

-SB 942 by Sen. Anthony Sykes, adds language concerning a fire that is the result of manufacturing or attempting to manufacture methamphetamine to murder in the first degree.

• The House convened Tuesday, approving the following resolution:

-HR 1004 by Rep. Pam Peterson, establishes the daily order of business for the House during the 54th Legislature.

• House committees approved the following bills Tuesday:

-HB 1422 by Rep. Tommy Hardin, would allow bullying and intimidation as a basis for the emergency transfer of a student.

-HB 1063 by Rep. Mark McCullough, suspends home visitation programs for one year and mandates a state audit to sequester funds related to the program.

-HB 1655 by Rep. Arthur Hulbert, directs the State Board of Health to make rules to license facilities, particularly residential drug abuse treatment facilities.

-HB 1099 by Rep. Arthur Hulbert, creates the Rural Oklahoma Healthcare Task Force.

-HB 1349 by Rep. Dan Kirby, states that youth sport organizations will develop policies and procedures requiring certain training and treatment pertaining to heat stroke.

-HB 1403 by Rep. Dennis Johnson, creates the Nondiscrimination in Treatment Act.

-HB 1038 by Rep. Dennis Ray Casey, adds sets of competencies to the definition and specifics of core curriculum.

-HB 1117 by Rep. Wade Rousselot, adds a public school nurse to the advisory committee for vision screenings.

-HB 1068 by Rep. Lee Denney, creates the Post- conviction DNA Act.

-HB 1060 by Rep. Sally Kern, establishes that any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of Oklahoma and is void and unenforceable if based in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the U.S. and Oklahoma Constitutions.

-HB 1084 by Rep. Randy Grau, amends language relating to private process servers and notice of license hearing in publications.

-HB 1085 by Rep. Randy Grau, amends language relating to criminal procedure.

-HB 1086 by Rep. Randy Grau, amends language pertaining to civil procedure.

-HB 1241 by Rep. Steve Martin, amends language pertaining to crimes and punishments.

-HB 1293 by Rep. Ben Sherrer, allows a court to enter a written order requiring the Department of Public Safety to stay any and all actions against the Class D driving privileges of an offender if the driving privileges of the offender have been suspended, revoked, canceled or denied by the Department of Public Safety and if the court determines that no other means of transportation for the offender is available, provided, the stay is not construed to grant driving privileges to an offender who has not been issued a driver license by the Department of Public Safety and if the court determines that no other means of transportation for the offender is available.

-HB 1314 by Rep. John Enns, raises the limit of instructor to student ratio in required firearms safety and training courses from ten students to one instructor to 20 students to any one instructor and removes outdated language related to CLEET.

-HB 1340 by Rep. Scott Biggs, adds discharging any firearm or other deadly weapon at or into any dwelling and the unlawful manufacturing, attempting to manufacture or aggravated manufacturing of any controlled dangerous substance, or any violation of the Trafficking in Illegal Drugs Act to the definition of offender under the Delayed Sentencing Program for Young Adults.

-HB 1423 by Rep. Scott Biggs, adds any person who attempts to prevent another person from giving testimony or producing any record, document or other object, who has been duly summoned or subpoenaed or endorsed on the criminal information or juvenile petition as a witness or who makes a report of abuse or neglect be guilty of a felony punishable by not less than one year nor more than 10 years in the custody of the Department of Corrections.

-HB 1508 by Rep. Pam Peterson, authorizes the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, if recommended and approved by a chief agent of the Bureau and the legal counsel of the Bureau, to subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records, including books, papers, documents, and other tangible things which constitute or contain evidence, which the Director or agent finds relevant or material to the investigation in any investigation relating to the functions of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control pursuant to the provisions of Oklahoma law with respect to the crimes of money laundering and human trafficking.

-HB 1547 by Rep. Mark McCullough, increases the value of an estate eligible for summary administration to $200,000 from $175,000.

-HB 2045 by Rep. Katie Henke, requires nothing in the Oklahoma Computer Crimes Act to be construed to prohibit the monitoring of computer usage of, or the denial of computer or internet access to, a child by a parent, legal guardian, legal custodian, or foster parent.

-HB 2170 by Rep. Jon Echols, eliminates spring type knives from the list of prohibited carry weapons.

-HB 1743 by Rep. Harold Wright, states that when a defendant is convicted of a crime and no death sentence is imposed, the court may suspend the execution of sentence in whole or in part, with or without probation and the court, in addition, may order the convicted defendant at the time of sentencing or at any time during the suspended sentence to be placed in a victims impact panel program.

Wednesday, February 6

• The Senate met Wednesday, but approved no legislation.

• Senate committees met Wednesday, approving the following bills:

-SJR 32 by Sen. Greg Treat, directs the Department of Human Services to use potential savings from the closure of the SORC and NORC facilities to reduce the size of the Development Disabilities Service Division waiting list.

-SB 254 by Sen. Kim David, allows the Oklahoma Health Care Authority to utilize a person’s Internal Revenue Service record to verify an individual’s income, concerning Medicaid benefits under the Oklahoma Medicaid Program Reform Act of 2003.


• The House met Wednesday, but approved no legislation.

• House committees met Wednesday, approving the following bills:

-SCR 6 by Sen. Brian Bingman and Rep. T.W. Shannon, establishes the joint rules of the Senate and the House for the 54th Legislature.

-HB 1117 by Rep. Wade Rousselot, adds one public school nurse to the State Department of Health’s advisory committee for student vision screenings.

-HB 1426 by Rep. Scott Biggs, states that a hunter will no longer report a carcass at the check state but that the report will be made online.

-HB 1062 by Rep. Mark McCullough, allows a teacher or administrator with completion of a basic police course academy for reserve deputies, like CLEET, to carry a handgun into any elementary or secondary school if a policy has been adopted by the board of education of a school district allowing such action.

-HB 1996 by Rep. Randy Grau, creates the Revised Uniform Unincorporated Nonprofit Association Act.

-HB 1639 by Rep. Fred Jordan, excludes from the definition of “health spa” any facility that only offers month-to-month memberships and does not charge any application, process, cancellation, or other service fees.

-HB 1646 by Rep. Fred Jordan, modifies provisions related to corporate boards of directors.

-HB 1359 by Rep. Brian Renegar, creates the Commercial Pet Breeders and Animal Shelter Licensing Act.

-HB 1292 by Rep. Ben Sherrer, finds that whenever an interment is made in any lot while any person is buried on that lot, that individual lot becomes forever inalienable, unless otherwise transferred pursuant to duly executed nontestamentary transfer instrument or court order.

-HB 1383 by Rep. Randy McDaniel, establishes that Oklahoma Law Enforcement Retirement System participants hired on or after a certain date will have their retirement benefit based solely on their final average earnings and service and that the top pay of an active member will not be used in determining the member’s retirement benefit.

-HB 1324 by Rep. Randy McDaniel, updates language related to the Oklahoma Police Pension and Retirement System.

-HJR 1027 by Rep. Randy McDaniel, proposes a constitutional amendment to create requirements for state public retirement systems.

-HB 1368 by Rep. David Dank, states that a candidate for local office in a municipality or county with a population of more than 250,000 people, or committee supporting or opposing any candidate will file electronically with the Ethics Commission reports of contributions and expenditures, statements of inactivity, last-minute contributions, independent expenditures or electioneering communications in the same manner and time prescribed in Oklahoma statutes.

-HJR 1024 by Rep. Mike Jackson, proposes a constitutional amendment to change the date of organizational day.

-HJR 1034 by Rep. Mike Jackson, proposes a constitutional amendment prohibiting any former member of the Legislature from being employed by or from receiving any form of compensation, payment or reimbursement from any state governmental entity regardless of the source of revenue until July 1 of the year following the end of the term of office.

-HB 2200 by Rep. David Derby, allows the State of Oklahoma or any of its agencies to enter into a contract with a collection agency for the provision of collection services for debts and accounts receivable.

-HB 1402 by Rep. Dennis Johnson, modifies population requirements for elections under the Oklahoma Town Meeting Act from 1,000 to 2,000 residents.

-HB 1830 by Rep. Don Armes, amends language relating to counties and county officers.

-HB 1921 by Rep. Dale DeWitt, amends language relating to municipal ordinances regulating amateur radio antenna and support structures.

-HB 1924 by Rep. Dale DeWitt, amends language relating to the procedure for sale of certain property.

-HB 1300 by Rep. Donnie Condit, authorizes the county commissioners to establish a fee schedule for the inspection of electrical, plumbing and construction projects within the county.

-HB 1389 by Rep. David Perryman, provides that a governing body of a city or town may annex any territory adjacent or contiguous to the city or town.

-HB 1847 by Rep. Mike Shelton, allows cities and towns the power to determine what constitutes a nuisance.

-HB 1364 by Rep. Dan Kirby, authorizes the Oklahoma State Athletic Commission to order the promoter to withhold any part of a purse or other money belonging or payable to any combative sports practitioner if the competitor is not competing honestly or to the best of their ability.

-HB 1532 by Rep. Gary Banz, modifies the distribution of unclaimed lottery prize money.

-HB 1088 by Rep. Randy Grau, repeals language related to the crime of blasphemy.

-HB 1480 by Rep. Jason Murphey, repeals the Fire Ant Research and Management Advisory Committee.

-HB 1483 by Rep. Jason Murphey, repeals the Oklahoma Space Industry Development Act.

-HB 1484 by Rep. Jason Murphey, repeals the Oklahoma Volunteerism Act.

-HB 1522 by Rep. Bobby Cleveland, repeals language related to reckless horse racing.

-HB 1523 by Rep. Bobby Cleveland, repeals language that provides any person or railroad, transportation or transmission company violating the provisions of Section 13, Article 9, of the Constitution, will be deemed guilty of a misdemeanor and punished by a fine of not less than $25 nor more than $500.

-HB 1562 by Rep. Paul Wesselhoft, repeals statutory language related to the Water for 2060 Act.

-HB 1089 by Rep. Randy Grau, repeals language related to county commissioners’ account requirements with the county treasurer.

-HB 1685 by Rep. Gus Blackwell, recreates the provisions of the Committee of Home Inspector Examiners.

-HB 1693 by Rep. Gus Blackwell, recreates the Domestic Violence Fatality Review Board.

-HB 1701 by Rep. Gus Blackwell, recreates the Domestic Violence and Sexual Assault Advisory Council.

-HB 1244 by Rep. Steve Martin, adds a one-day fishing license for non-residents.

Thursday, February 7

• The Senate met Thursday, but adjourned without considering any legislation.


Other News

• The First Session of the 54th Legislature convened on Monday, February 4. Governor Mary Fallin delivered her third State of the State address to a joint session of the Legislature. The governor emphasized repairing the Capitol building's crumbling façade and cutting personal income tax rates. The governor also called attention to reforming workers' compensation and returning the discretion of public tobacco use to local towns and cities.

• This week Oklahoma County District Attorney David Prater came out with new allegations against the transparency of the Oklahoma Pardon and Parole Board. Prater claims that the parole board has violated the Open Meeting Act and illegally changed votes outside the public eye. Board members have denied the allegations. Prater is expected to file charges soon. Governor Mary Fallin supports the board members and their progress to improved transparency for the public.