The Oklahoma Senate

Week In Review
Monday, March 2, to Thursday, March 5, 2015

Monday, March 2

• The full Senate met on Monday and approved these bills.

-SB 50, with title restored, by Sen. Jason Smalley, lowers the grade level at which agricultural education may be offered from eighth grade to sixth grade. The bill and its emergency clause passed 44 to 0.

-SB 145, by Sen. Robert Standridge, designates the section of State Highway 9 beginning at the intersection of 120th Avenue SE and extending west to the intersection of 84th Avenue SE within the municipal limits of Norman as the "Sgt. Daniel M. Eshbaugh Memorial Highway." The bill passed 43 to 0.

-SB 219, by Sen. Corey Brooks, removes the requirement of an off-duty police officer not wearing his or her uniform and carrying a certified weapon to have written authorization for that weapon on his or her person. The bill passed 44 to 0.

-SB 220, by Sen. Corey Brooks, shortens the number of hours reserve deputy trainees must train at the basic reserve academy from 240 to 200. The bill passed 44 to 0.

-SB 261, by Sen. Ron Sharp, modifies the consequences of a parent who requests a jury trial regarding a request for termination of parental rights to include the termination of parental rights if the parent or attorney fails to appear without proper notice. The bill passed 44 to 0.

-SB62, by Sen. Gary Stanislawski, provides that anyone who knowingly aims the beam of a laser pointer at an aircraft in flight or at the flight path of an aircraft will be guilty of a misdemeanor and upon conviction punished by a fine of not more than $100. The bill passed 43 to 1.

-SB 560, by Sen. Rob Standridge, creates the Health Care Empowerment Act. The bill prohibits state law from banning a physician, medical professional or medical facility from accepting payment for out-of-network services or medical products, or for private services or medical products provided to a Medicaid beneficiary. The bill and its emergency clause passed 44 to 0.

-SB 24, by Sen. Marty Quinn, removes the requirement that the Office of Management and Enterprise Services' director conduct training specific to the State Employee Assistance Program. 44 to 0.

• The House passed the following measures on Monday:

-HB1672, by Rep. Steve Kouplen, modifies the qualifications required to participate in OHLAP to include a child in the permanent custody of the Department of Human Services at the time the student enrolls in the program or after completing the 10th grade or reaching the age of 16.

-HB1848, by Rep. Scott Inman, was designated an unintentional "companion bill" to HB1672. It specifies that students in custody of DHS will not be required to show financial eligibility to apply for OHLAP.

-HB1042, by Rep. Jerry Shoemake, prohibits parents who participate in shared parenting time from paying an increased amount of child support. The bill passed 94-0.

-HB1011, by Rep. George Faught, extends the sunset date for the Oklahoma State Athletic Commission to July 1, 2022. The bill passed by a vote of 78 to 19.

-HB1012, by Rep. George Faught, extends the sunset date for the Commission on County Government Personnel Education and Training to July 1, 2022. The bill passed by a vote of 93 to 0.

-HB1014, by Rep. George Faught, extends the sunset date for the Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission to July 1, 2022. The bill passed by a vote of 87 to 5.

-HB1032, by Rep. Dan Kirby, allows those with an existing agreement to represent a public body to be present or participate in an executive session for the purpose of discussing the purchase or appraisal of real property. These sessions are otherwise limited to members of the public body, the attorney for the public body, and the immediate staff of the public body. The bill passed by a vote of 95 to 0.

-HB1277, by Rep. Josh Cockroft, creates the Compressed Natural Gas Vehicle Conversion Funding Act of 2015. The bill also creates the Compressed Natural Gas Vehicle Conversion Cost Revolving Fund. The bill requires the circuit engineering districts to make available to each county an equal share of the money in the fund on an equal basis. The bill passed by a vote of 56 to 32. The emergency failed by a vote of 26 to 53.

-HB1154, by Rep. John Montgomery, relates to national criminal history checks for employment at public schools and law enforcement exception to said checks. It defines certain terms including "employment agency" and "law enforcement officer". The bill does not apply to law enforcement officers employed by an employing agency at the time of application for employment at a public school district. The bill passed by a vote of 93 to 3.

-HB1281, by Rep. Josh Cockroft, creates the Child Development Associate (CDA)
Credential Assessment Scholarship program to be made available through the Scholars for Excellence in Child Care Program and to be administered by the Oklahoma State Regents for Higher Education. The bill establishes requirements and the process for applying for the scholarships. The bill establishes requirements for eligible applicants. The bill passed by a vote of 93 to 0.

-HB1407, by Rep. John Pfeiffer, prohibits any county assessor to decrease the percentage of value used to compute the taxable value of real or personal property unless the assessor provides written notice of intent to decrease at least 90 days beforehand. The bill passed by a vote of 54 to 42.

-HB1752, by Rep. Tom Newell, creates the Voluntary Veterans' Preference Employment Policy Act and defines related terms. It allows a private employer to have a voluntary veterans' preference employment policy. The bill passed by a vote of 92 to 0.

-HB1449, by Rep. Kevin Calvey, removes the requirement for the sheriff or private processor to post a summons for the restitution of property from a landlord to a tenant and allows any person over the age of 18 to do so if the individual is directed by the attorney of the property owner. The bill passed by a vote of 62 to 28.

-HB1659, by Rep. Mike Brown, creates the Cassandra Jade Law. The bill requires a person who operates a motor vehicle who is involved in a collision resulting in the immediate death of any person to submit to a test or tests of the person's blood or breath to determine the alcohol concentration. The bill allows the officer to administer the test as soon as practicable. The bill allows the results of the tests to be admissible at trial. The bill requires the Department of Public Safety to revoke the license of an individual who refuses to submit to a test. The bill passed by a vote of 95 to 0.

-HB1653, by Rep. Steven Vaughan, modifies language relating to mounted specimens. The bill expands the scope of mounted specimens from deer and turkey to all wildlife. The bill modifies penalties for violations to include the seizure and forfeiture of certain property if it is the second or subsequent violation. The bill and its emergency clause passed by a vote of 95 to 0.

-HB1684, by Rep. Lee Denney, establishes Erin's Law. The bill requires all public schools to establish a sexual abuse prevention instructional program for students prekindergarten through fifth grade. The bill passed by a vote of 57 to 37.

Tuesday, March 3

• The Senate met Tuesday and approved the following bills:

-SB 95, by Sen. Brian Bingman, removes Technology Center School Districts from the requirements of the Oklahoma State Facilities Energy Conservation Program but encourages the districts to implement local energy conservation efforts as approved by the local technology center board. The bill and its emergency clause passed 41 to 0.

-SB 118, by Sen. A J Griffin, changes the order of hearing presenters as it relates to pardon and parole hearings. It requires the Pardon and Parole Board to hear offenders and their delegation, District Attorneys or their designees and other law enforcement personnel, in that order. The bill passed 45 to 0.

-SB 195, by Sen. Frank Simpson, creates the Voluntary Veterans' Preference Employment Policy Act. This bill allows private employers to have a voluntary preference for hiring, promoting or retaining a veteran over another qualified applicant or employee. The bill requires the policy to be in writing and applied uniformly to employment decisions. The bill passed 44 to 0.

SB 234, by Sen. Ron Justice, modifies conditions for off-duty peace officers to carry an approved concealed weapon anywhere in the State of Oklahoma. The bill passed 45 to 0.

-SB 321, by Sen. Gary Stanislawski, requires that a written notice be given to any railroad company whose property or right-of-way is affected at least 10 days before such work begins. The bill passed 38 to 6.

-SB 394, by Sen. Dan Newberry, permits the Board to contact other state agencies
and nonprofit organizations for the endowment, management and administration of scholarships to students seeking a degree in an accredited architecture degree. The bill passed 45 to 0.

- SB 47, by Sen. Don Barrington, modifies the required number of specific officers by rank in the Size and Weight Enforcement Section of the Oklahoma Highway Patrol. The bill removes the salary requirements for the Marine Enforcement Section of the Oklahoma Highway Patrol. The bill passed 43 to 0.

-SB 409, by Sen. Corey Brooks, requires the reporting of cancelled insurance policies of every individual whose automobile policy was cancelled during the preceding month within the state within 60 days after the issuance of the policy for reason of nonpayment of premium by the insurance carrier to the Insurance Commissioner by the 15th day of each month. The bill passed 33 to 12.

-SB 428, by Sen. Brian Crain, modifies the date by which elections may be held from the second Tuesday in January to the second Tuesday in February. The bill passed 39 to 3.

-SB 505, with title and enacting clause restored, by Sen. Gary Stanislawski, creates a revolving fund designated the Statewide Virtual Charter School Board Revolving Fund for the Statewide Virtual Charter School Board in the State Treasury. The bill passed 36 to 8. Emergency clause passed 37 to 7.

-SB 85, by Sen. Mike Mazzei, establishes a Dec. 31, 2018, sunset date for the tax credit equal to 50 percent of an eligible taxpayer's qualified railroad reconstruction or replacement expenditures unless the credit is reauthorized by the Legislature. The bill passed 37 to 8.

-SB 460 as amended by Sen. Kay Floyd, requires the court waive attendance in an educational program concerning the impact of divorce on children of parents divorcing on the basis of incompatibility when it is not in the best interest of he child or where domestic violence, stalking or harassment occurred during the marriage. The bill passed 45 to 0.

-SB 28, by Sen. Josh Brecheen, R-Coalgate and Rep. Jon Echols, R-Oklahoma City, removes the minimum age requirement for the director of the Office of Management and Enterprise Services. The bill and the emergency clause passed by a vote of 45-0.

-SB 642, by Sen. Greg Treat, requires any physician who performs an abortion on a child who is less than 14 years of age at the time of the abortion procedure to preserve, in accordance with rules promulgated by the State Board of Health, fetal tissue extracted during such abortion and to submit the tissue to the State Department of Health. The bill passed with a 39-5 vote.

-SB 614, by Sen. Brian Crain, allows an oil and gas operator to presume the accrued proceeds to be abandoned and remit payment as indicated in the Unclaimed Property Act in the event title remains unmarketable for two years after an operator provides written notice of the unmarketable title. It exempts certain mineral owners from these provisions. The bill passed by a vote of 45-0.

-SB 29, by Sen. Josh Brecheen, requires the State Department of Education to provide written notice by Oct. 1 of each year to the last known address of any individual who held any license or certificate issued by the State Board of Education which expired on June 30 of that year. The bill passed by a 45-0 vote.

-SB 362, as amended and with its title restored, by Sen. Nathan Dahm, allows a person to record the activity of law enforcement in a public area, as long as the recording does not delay or obstruct the agent in his or her duties. The bill establishes that the person recording assumes all risks inherent to the circumstances present at the time. The bill passed by a vote of 45-0.

-SB 685, by Sen. Anastasia Pittman, redirects the Oklahoma Commission on the Status of Women to include focus in the studies of the issue of recidivism among the incarcerated population of women in Oklahoma and alternatives to prison for women, the research and development of an intake risk and needs assessment tool to assist with preparing women for a successful transition out of custody, and advise on opportunities for incarcerated women prior to release from prison. The bill passed by a vote of 42-0.

-SB 86, with its title restored, by Sen. Nathan Dahm, modifies requirements for voter identification documents. The bill adds an expired Oklahoma driver license an expired United States passport to the list of identification documents that must show an expiration date that is after the date of the election in which the person is appearing to vote. The bill passed by a vote of 43-1.

-SB 637, by Sen. Greg Treat, adds where the victim is at least 16 years of age and less than 19 years of age and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a person who resides in the same household as the victim and who is 18 years of age or older and is a foster parent, foster parent applicant or other household member of the foster parent or foster parent applicant to the definition of the term "rape." The bill passed by a vote of 45-0.

-SB 635, by Sen. Eddie Fields, removes outdated language requiring the Grand River Dam Authority to notify the Attorney General's Office and the Legislature about all meetings and conferences which concern the issuance of bonds by the Grand River Dam Authority for the Coal-Fired Plant No. 2. The bill and emergency clause passed by a vote of 37-5.

• The House of Representatives convened Tuesday and heard the approved these bills:

-HB 1362, by Rep. Claudia Griffin, provides sexual assault prevention and response training to public school teachers and staff, and amends the Safe School Committee provisions to include training for programs that may be implemented at the school site that would inform students and school staff on the appropriate emotional response and victim support needs and treatment following a rape or sexual assault incident that occurs at school or involves a student. The measure passed by a vote of 95-1.

-HB 1074, by Rep. Richard Morrissette, gives terminally ill patients the right to try investigational medicines that have passed the first phase of FDA approval. The bill passed with a unanimous 96-0 vote.

-HB1751, by Rep. Tom Newell, requires the Oklahoma Liquefied Petroleum Gas Board to require only one Class VII-Cylinder Exchange Program permit if a person, firm or corporation participating in the cylinder exchange program has more than one cylinder exchange location. The bill passed 77-15.

-HB1268, by Rep. Dennis Ray Casey, grants certain students who have an Individualized Education Program an alternative method of demonstrating satisfactory knowledge on the personal financial literacy education test by meeting a set of criteria. The bill and its emergency passed 94-0.

-HB1628, by Rep. David Derby, exempts the SoonerCare program from routinely paying for quantitative drug screening. The bill requires the program to pay for confirmatory quantitative drug testing if there is an initial qualitative urine drug testing. The bill passed 97-0.

-HB1148, by Rep. Randy Grau, requires two or more adjoining counties to bear the cost of the construction of a bridge, or bridges, over any stream forming a boundary line between such counties, in manner that is agreed by said counties. The bill passed by a vote of 89 to 5.

-HB2184, by Rep. Jeff Hickman, allows the Chief Medical Examiner to equip vehicles that are used to investigate deaths with flashing lights and sirens. It allows the Chief Medical Examiner to authorize such vehicles to exceed the maximum speed limits so long as speeding does not endanger life or property. The bill passed 96-1.

- HB1879, by Rep. Mike Christian, requires death sentences to be carried out by nitrogen hypoxia if lethal injection is held unconstitutional or is unavailable. Measure passed 85-10.

-HB1074, by Rep. Richard Morrissette, states an eligible patient must be diagnosed with a terminal illness, has considered all treatments currently approved, has been unable to participate in a clinical trial, received a recommendation from a physician and given written consent for the use of the investigational drug. The bill passed 96-0.

-HB1044, by Rep. Ken Walker, allows a state agency employing more than 10 full-time employees to develop a State Employee Suggestion Program. The bill states that the
program will provide economic incentives to employees who make suggestions which result in direct cost savings. The bill and its emergency clause passed by a vote of 94 to 0.

-HB1103, by Rep. Scott Biggs, exempts any report of contagious or infectious animal diseases from the Oklahoma Open Records Act except in a way that no person or farm can be individually identified. The bill passed by a vote of 73 to 19.

-HB1123, by Rep. Todd Russ, reduces from 50 days to 30 days the time period required that a mortgage on real estate be released from the date of the payment of the debt secured by the mortgage and the holder of the mortgage is required to file the release of the mortgage with the county clerk where the mortgage is recorded. The bill passed by a vote of 92 to 0.

-HB1350, by Rep. Wade Rousselot, clarifies language related to stalking. The bill also makes it unlawful for a person who has a prior conviction of stalking and, after being served with a protective order that prohibits contact with an individual, knowingly makes unconsented contact with the same individual. It also modifies the penalty for a person who commits an act of stalking within 10 years of the completion of execution of sentence for a prior conviction. The bill defines certain terms. The bill passed 88 to 0.

Wednesday, March 4

• The Senate convened on Wednesday afternoon and approved several bills, including the following:

-SB 386, by Sen. John Sparks, reduces the population requirement of a county to build a county-owned parking lot from 300,000 to 250,000. The bill and its emergency clause passed 41 to 0.

-SB 494, as amended, by Sen. David Holt, requires the Oklahoma Health Care Authority to coordinate with domestic violence sexual assault programs certified by the Office of the Attorney General who provide counseling services for victims of domestic violence to ensure that any billing information provided, maintained, monitored, or otherwise handled by the authority or any other state agency, including, but not limited to, services rendered by such facilities, is not sent by paper mail to the actual physical
address of persons receiving such services. The bill requires the Oklahoma Health Care Authority Board to promulgate necessary rules. The amendment clarifies the language concerning the information being sent to those receiving services to include explanation of benefits. The bill passed 43 to 0.

-Floor substitute for SB 173, by Sen. Jack Fry, removes the maximum amount of absentee ballot affidavits a notary public can authorize for a single election. The floor substitute increases the maximum number of absentee ballot affidavits a notary public can authorize for a single election to 100. The bill passed 25 to 17.

-FS for SB0757 by Sen. Anastasia Pittman, removes the bill's original language and requires the State Department of Health to include in its Oklahoma Health Improvement plan an examination of state trends in the numbers of chronic and preventable illness, including but not limited to heart disease and diabetes, and the state's role in improving access to health foods in disadvantaged communities. Passed 42-0.

-SB 482, by Sen. Bryce Marlatt, provides that hazardous waste undergoing analysis to
determine if it is acceptable for disposal that is temporarily staged within the confines of a permitted hazardous waste unit in a manner that will prevent the waste, or any constituent thereof, from entering the environment does not constitute disposal of the hazardous waste. The bill and its emergency clause passed 41 to 0.

• The House met on Wednesday and the following bills were heard:

-HB1002, by Rep. Randy McDaniel, states the Oklahoma Firefighters Pension and Retirement System Board of Trustees is responsible for the policies and rules of the general administration of the Oklahoma Firefighters Pension and Retirement System. The bill and its emergency passed 90-0.

-HB1328, by Rep. Richard Morrissette, modifies the scope of immunity for those providing volunteer emergency architectural or engineering services to permit receipt of payment for the cost of printing a report. It permits those who provide the services to be liable for wrongful death as required by Article XXII, Section 7 of the Oklahoma Constitution. The bill passed 92-0.

-HB1396, by Rep. Jason Murphey, directs applicants paying an application fee to the Oklahoma State Bureau of Investigation with a nationally recognized credit card or electronic funds transfer to complete and submit such application online. The bill passed 93-0.

-HB1405, by Rep. John Pfeiffer, requires that the total fee for injection of drinking water be no less than $2,000 or more than $5,000 per year. The bill and its emergency passed 86-3.

-HB1456, by Rep. James Leewright, modifies owner consent required for annexation of areas less than 12 square miles or a fence line annexation with a width-to-length ratio of greater than three ten-thousandths (0.0003). The bill passed 85-4.

-HB1458, by Rep. Dustin Roberts, allows a peace officer to place a written hold order on a gem or precious metal he or she has probable cause to believe is stolen or embezzled and is in possession of a dealer. The bill passed 92-0.

-HB1521, by Rep. Katie Henke, provides that teacher compensation does not include one-time incentive pay that is provided by the school district to a teacher or one-time retention incentive pay for returning a second year and exempts the pay from a negotiated agreement. The bill passed 93-0.

-HB1688, by Rep. Lee Denney, requires the Oklahoma State University Center for Local Government Technology provide the administration and implementation needed for their
self-sponsored computer-assisted mass appraisal computer software system to any county using the services provided by the Ad Valorem Division of the Oklahoma Tax Commission if such county elects to adopt the program. Passed 84-6.

-HB1690, by Rep. Chad Caldwell, states the academic performance of students receiving certain high-level long-term or short-term treatment will be excluded when determining the A-F grade of the school site. If the treatment facility is considered a school, it will not receive a grade. The bill passed 93-0 with its title stricken.

-HB1911, by Rep. John Jordan, removes a switchblade knife and a knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife from the list of prohibited weapons. The bill passed 70-19.

-HB2119, by Rep. Mark McBride, permits the Division or awarding public agency to extend a contract award period no more than 120 days from the bid opening date upon the mutual written agreement between the lowest responsible bidder or bidders and the awarding public agency. The bill passed 92-0.

-HB2157, by Rep. Jon Echols, creates the Family Support Accountability Act and defines related terms. It allows any state department or agency implementing home-visiting programs to adopt and promulgate rules by which the program will operate. The bill passed 86-2.

-HB2165, by Rep. Mark McCullough, assesses against the party demanding a jury trial all court costs including reasonable attorney if the party demanding the jury trial does not receive a verdict that is at least 10 percent more than the assessment award of the appraisers. The bill passed 60-31.

-HJR1020, by Rep. Gary Banz, calls a Constitutional Convention for the purpose of altering, revising, or amending the current Constitution, or to propose a new Constitution for the State of Oklahoma, to be submitted to the people for their approval or rejection. The resolution establishes procedures for the convention. The bill passed 83-8.

Thursday, March 5

• The Senate met Thursday morning and approved several bills before adjourning for the weekend, including:

-SB 18, by Sen. Kyle Loveless, creates a task force to study administrave costs and identify efficiencies in schools. Passed 32-10.

-SB 92, by Sen. Mike Mazzei, addresses oversight of performance-based efficiency contracts.

-SB 246, by Sen. Mike Mazzei, modifies motor vehicle registration requirements and procedure related to security verification forms.

-SB 250, by Sen. Susan Paddack, requires the State Department of Health and Oklahoma Health Care Authority to submit certain reports concerning diabetes.

-SB 262, by Sen. Susan Paddack, directs the State Department of Education to make workplace safety training information available in schools.

SB 339, by Sen. Kyle Loveless, provides exception to certain requirements for notarization of title transfer within Oklahoma Vehicle License and Registration Act.

-SB 663, by Sen. Corey Brooks, creates Own Risk and Solvency Assessment Act and would require conduct of ORSA consistent with certain provisions.

-SB 696, by Sen. Wayne Shaw, expands the type of home produced foods that can be sold commercially.

Other news this week

• Governor Mary Fallin and the Oklahoma Water Resources Board (OWRB) has announced the approval of $1,047,700 in grants to three rural Oklahoma communities for water system improvement projects that will save approximately 16.7 million gallons of water per year once completed. The three grants were made available to Boise City, Fort Supply and Shattuck through the state's Water for 2060 Drought Grant program, announced by the governor in 2014, to municipalities, counties, water/sewer districts and other public entities to help fund projects that highlight responsible use of water.

• Oklahoma City native, former OU Sooner and current wide receiver for the Detroit Lions, Ryan Broyles joined Oklahoma Treasurer Ken Miller, Oklahoma Jump Start Coalition and Visa Inc. to address the issue of financial literacy improvement among Oklahoma teens. They announced a statewide effort to improve the money management skills of high school and middle school students with the rollout of Financial Football, a free educational video game and classroom curriculum developed by the NFL and Visa Inc. The game is being distributed by the Treasurer’s office to every public middle school and high school in Oklahoma.

• Attorney General Scott Pruitt said the arguments heard Wednesday at the U.S. Supreme Court over the unlawful implementation of the Affordable Care Act present the court with a chance to rein in executive overreach. General Pruitt attended the Supreme Court arguments in King v. Burwell. Oklahoma has played a major role in this case, being the first state to challenge the illegality of what the administration did by authorizing tax credits through federally-run health insurance exchanges.