The Oklahoma Senate


Week In Review
Monday, Feb. 29, to Thursday, Mar. 3, 2016

Monday, February 29, 2016

• The full Senate considered 22 bills Monday, passing the following:

-SB 1027, by Sen. Don Barrington and Rep. Charles Joyner, creates the Oklahoma Incident Management Team Advisory Committee. It sets duties and purpose of the Committee, establishes membership and provides for frequency of meetings. The bill states that members receive no compensation or travel reimbursement. The bill passed 31 to 13.

-SB 874, by Sen. Patrick Anderson and Rep. Chad Caldwell, increases the fair market value of property owned by a decedent and subject to disposition by will or intestate succession, less liens and encumbrances, from up to $20,000 to up to $100,000 that must be delivered to the successor at any time 10 or more days after the date of death of a decedent upon presentation an affidavit made by or on behalf of the successor. The bill passed 46 to 0.

-SB 902, by Sen. Patrick Anderson and Rep. John Enns, prohibits anyone who is not a citizen or legal resident of the United States of America from being appointed guardian of the property or person of a minor or an incapacitated or partially incapacitated person by the courts. The bill passed 45 to 1.

-SB 936, by Sen. Roger Thompson and Rep. Leslie Osborn, permits the Oklahoma Department of Transportation to employ seasonal employees throughout the calendar year. It provides that seasonal employees will be in the unclassified service as provided by the Oklahoma Personnel Act. It also provides that seasonal employees will not be entitled to paid leave, paid holidays, retirement, health, dental or life insurance, and will be exempt from any laws, rules or practices providing those benefits. The bill requires ODOT to include in its annual budget request a summary of the use of seasonal employees, including the number of workers employed under the provisions and the total wages paid to these employees. The bill and its emergency clause passed 46 to 0.

-SB 963, by Sen. Nathan Dahm and Rep. George Faught, extends the sunset date for the State Board of Examiners of Certified Shorthand Reporters to 2020 from 2015 and changes references to gender neutral. The bill and its emergency clause passed 43 to 0.

-SB 965, by Sen. Susan Paddack and Rep. Lisa J. Billy, adds members of the Oklahoma Highway Patrol fallen in the performance of their duties to the list of those eligible to have costs associated with signage related to the naming of highways and bridges waived. The bill and its emergency clause passed 45 to 0.

-SB 1001, by Sen. Jason Smalley and Rep. Jon Echols, grants the Oklahoma Department of Corrections Investigations Division the jurisdiction and authority to investigate any escape committed by prisoners under the custody and control of the Department of Corrections. The bill authorizes the department to issue a warrant for the arrest of the escapee and establishes that the warrant will have the force and effect of any warrant of arrest issued by a district court in the state when it is determined that a prisoner has escaped the department's custody in violation of state statute. The bill provides it does not affect the authority of a district attorney to issue an arrest warrant for the escapee. The bill and its emergency clause passed 37 to 8.

-SB 1040, by Sen. Jason Smalley and Rep. Randy McDaniel, clarifies non-Roth funds and Roth accounts as forms of payment for specified purposes listed therein relating to reinstatement, service credit and termination credit in the Law Enforcement Retirement System. The bill and its emergency clause passed 46 to 0.

-SB 1102, by Sen. Nathan Dahm and Rep. Bobby Cleveland, deletes an obsolete reference to financial assistance to qualifying municipalities. The bill and its emergency clause passed 39 to 6.

-SB 1156, by Sen. Nathan Dahm and Rep. Josh Cockroft, requires reproduction and storage of records to be done using any generally accepted current technology to ensure safe documentation and accessibility of public records. The bill passed 45 to 0.

-SB 1172, by Sen. Nathan Dahm and Rep. John Jordan, modifies the time period in which signed copies of a petition invoking referendum must be submitted from 30 to 60 days. The bill modifies the penalty for falsely signing swearing or signing a false affidavit from a felony to a fine of up to $1,000. The bill passed 45 to 0.

-SB 1182, by Sen. Nathan Dahm and Rep. Bob Cleveland, requires official acts of the governor to be recorded and maintained by the Secretary of State. The bill repeals language relating to rewards for a criminal's arrest and eliminates the Division of Planning and Management Analysis within the Office of the Governor.

-SB 1185, by Sen. Kim David and Rep. David Derby, modifies the reciprocal agreement authority, allowing out-of-state travelers legally carrying weapons with a permit or license to also carry unconcealed firearms. The bill passed 44 to 0.

-SB 1246, by Sen. Jason Smalley and Rep. Jon Echols, establishes methods for filing vacancies of district judges or associate district judges. The bill passed 31 to 15.

-SB 1277, by Sen. Ron Sharp and Rep. Gary Banz, creates the Sooner State ABATE license plate to be issued to any person wishing to provide financial support for Sooner State ABATE. The bill requires the license plates be designed in consultation with Sooner State ABATE. It authorizes the Tax Commission to enter into a licensing agreement with Sooner State ABATE for any licensing fees which may be required in order to use the association's logo or design. It provides the licensing agreement will provide for a payment to Sooner State ABATE of not more than $20 for each license plate issued. The bill passed 41 to 4.

-SB 1381, by Sen. Nathan Dahm and Rep. Elise Hall removes some requirements of education and field experience for the Director of Corrections and the Director of Juvenile Affairs. The bill passed 36 to 8.

-SB 1408, with title stricken, by Sen. Nathan Dahm and Rep. Jason Murphey, modifies the procedure to name certain emergency interim successors and special emergency judges and authorizes the governor to declare provisions of act. The bill deletes provisions relating to emergency interim successors for legislators. The bill passed 31 to 13.

-SB 1503, by Sen. Kay Floyd and Rep. Pam Peterson, modifies the fees and fines related to provisional licenses, due to nonpayment or delayed payment of court-ordered fines, fees and penalties, to an individual that otherwise satisfies the eligibility requirements for a provisional license. The bill passed 45 to 0.

-SB 1062, by Sen. Susan Paddack and Rep Chuck Hoskin creates the special A Brotherhood Aiming Toward Education of Oklahoma (ABATE) license plate for automobiles and motorcycles for any person wishing to provide financial support for the ABATE of Oklahoma Foundation. It requires that the license plates be designed in consultation with the ABATE of Oklahoma State Senate Foundation. It requires that the Tax Commission be authorized to enter into a licensing agreement with the ABATE of Oklahoma Foundation for any licensing fees which may be required in order to use the association's logo or design. The bill requires the licensing agreement provide for a payment to the ABATE of Oklahoma Foundation of not more than $20.00 for each plate issued. The amendment, by Sen. Bryce Marlatt, creates the Oklahoma Oil and Natural Gas License Plate and provides that the additional fee be deposited in the Oklahoma Energy Resources Revolving Fund. The measure passed 43 to 2 as amended.


• The Senate Education Committee approved nine executive nominations Monday without discussion or debate, as follows:

-William Flanagan (Claremore) - State Board of Education.

-Jarold Callahan (Edmond) - Board of Regents for the Oklahoma Agricultural and Mechanical Colleges.

-Samuel Combs III (Bixby) - Board of Regents of the Tulsa Community College.

-Rick Davis (Guthrie) - Board of Regents for the Oklahoma Agricultural and Mechanical Colleges.

-Jeremy Frazier (Oklahoma City) - Board of Trustees for the University Center at Ponca City.

-David McNeese (Edmond) - Board of Trustees for Quartz Mountain Arts and Conference Center and Nature Park.

-John O'Connor (Tulsa) - Board of Trustees for Oklahoma State University/Tulsa.

-Gary Parker (Muskogee) - Regional University System of Oklahoma.

-Connie Reilly (Okemah) - Regional University System of Oklahoma.

• The House passed the following measures on Monday:

-HB 2253, by Rep. Randy McDaniel, removes outdated language related to the definition of "wage" and "taxable wages." The bill defines the terms "assigned tax rate" and "earned tax rate." The bill requires any individual in training approved by the Oklahoma Employment Security Commission that fails to adequately attend classes or training sessions be disqualified from receiving benefits for each week the individual was scheduled to be in training. The bill requires eligibility for unemployment benefits applied for in any week following the weeks that are disqualified be determined by the application of provisions of law relating to availability for work, active work search, failure to apply for or a refusal to accept suitable work, and all other eligibility requirements. The bill permits an individual to voluntarily repay an overpayment with private funds. The bill requires the unemployment tax rate computed for or assigned to an employer be reduced by 2 percent for the time period beginning Jan. 1, 2017, and ending Dec. 31, 2026, except for employers assigned a tax rate pursuant to Title 40, Section 3-110.1 which cannot be reduced to less than 1 percent. The bill provides employers that qualify for an earned tax rate calculated pursuant to Title 40, Section 3-109 and are given the highest tax rate in the rate table for the given year cannot be eligible for the rate reduction. The bill clarifies language related to the unemployment tax rate and defines the term "at risk rule." The bill passed by a vote of 68 to 27.

-HB 2281, by Rep. Jason Murphey, requires any public body which makes requested records available on the Internet to meet the obligation of providing prompt, reasonable access to its records. The bill passed by a vote of 92 to 1.

-HB 2292, by Rep. Wade Rousselot and Sen. Kimberly David, establishes a statute of limitations of years after the eighteenth birthday of the victim if the victim was a minor at the time of the commission of the crime for crime of rape or forcible sodomy, sodomy, lewd or indecent proposals or acts against children, involving minors in pornography, child abuse, child sexual abuse or child sexual exploitation. The bill passed by a vote of 95 to 0.

-HB 2298, by Rep. Randy McDaniel and Sen. Ervin Yen, creates the Safe Driving Act. The bill expands the scope of qualifications for a parent-taught driver education course to include instruction regarding the dangers of texting while driving and being under the influence of alcohol or other intoxicating substance while driving. The bill passed by a vote of 94 to 0.

-HB 2303, by Rep. Weldon Watson and Sen. Bryce Marlatt, changes the termination date for the Corporation Commission Plugging Fund from 2016 to 2021. It also changes the termination date on the excise tax on oil and gas from 2016 to 2021. The bill and its emergency clause passed by a vote of 94 to 0.

-HB 2314, by Rep. Jadine Nollan and Sen. Jason Smalley, modifies language related to teacher retention pay that is not included in the total compensation of a teacher. The bill and its emergency clause passed by a vote of 93 to 0.

-HB 2349, by Rep. Dustin Roberts and Sen. Frank Simpson, exempts veterans' disability
compensation payments from being included in the gross household income relating to the homestead exemption. The bill passed by a vote of 96 to 0.

-HB 2424, by Rep. Sally Kern and Sen. Nathan Dahm, removes any statute of limitation within a civil cause of action for crimes related to human trafficking. The bill passed by a vote of 94 to 0.

-HB 2432, by Rep. Sally Kern and Sen. Wayne Shaw, requires each public school to post in a
clearly visible location in a public area of the school that is readily accessible to students a sign in English and Spanish that contains the toll-free telephone number operated by the Department of Human Services to receive reports of child abuse or neglect. The bill requires the State Board of Education to promulgate rules relating to the size and location of the sign. The bill and its emergency clause passed by a vote of 92 to 2.

-HB 2536, by Rep. John Montgomery and Sen. Mike Mazzei, modifies the period for which credit may be claimed for guaranty fees paid on or after January 1, 2000, and before January 1, 2019. It requires there be a measurable goal of retaining and/or creating 2,000 jobs per year in Oklahoma for the credit. The bill passed by a vote of 82 to 9.

-HB 2551, by Rep. Ann Coody, requires the Oklahoma State Regents for Higher Education to enter into a contract with a nonprofit education center which is certified as a structured multisensory language training institute for the purpose of establishing a comprehensive dyslexia teacher training pilot program. The bill also requires the establishment of an advisory committee to design and plan for the implementation of the pilot program within 90 days of the effective date of this act and requires the Regents to promulgate rules for the program within one year of the
effective date. The bill also adds a definition for structured multisensory reading education. The bill and its emergency clause passed by a vote of 87 to 4.

-HB 2586, by Rep. David Perryman, adds the requirement that no later than July 1, 2017, for the medical certificate portion of a death certificate to be entered into the prescribed electronic system provided by the State Registrar of Vital Statistics and the information submitted to the State Registrar of Vital Statistics. The bill allows the medical certification to be signed by a hospice's medical director when the patient is under hospice care at the time of death. The bill requires physicians to sign and file death certificates using the prescribed electronic system no later than July 1, 2017. The bill requires the State Department of Health and the Office of the Chief Medical Examiner to work together to ensure that the permit applications for cremations and out-of-state dispositions function together. It also requires the State Department of Health to establish electronic accounts for each funeral home in the state. The bill passed by a vote of 91 to 1.

-HB 2626, by Rep. Leslie Osborn and Sen. Roger Thompson, adds definitions of displayed or offered primarily for rental-purchase, initial fee and initial period relating to the Oklahoma Rental-Purchase Act. The bill requires an acknowledgement of rental-purchase transaction under certain circumstances and sets requirements of the signed document. The bill passed by a vote of 92 to 0.

-HB 2742, by Rep. Doug Cox and Sen. Rob Standridge, modifies and adds definitions
relating to public health and safety, utilization of emergency medical personal and levels of care. The bill allows any hospital or health care facility operating within the state to utilize emergency medical technician, intermediate emergency medical technician, advanced emergency medical technician, or paramedic, community paramedic or critical care paramedic personal for the delivery of emergency medical patient care within the hospital or health care facility, within the emergency services system coverage area and the delivery of emergency care on-scene patient care and stabilization. The bill requires the State Board of Health to promulgate necessary rules. The bill passed by a vote of 94 to 0.

-HB 3019, by Rep. Kevin Calvey and Sen. A J Griffin, prohibits the Department of Environmental Quality from allowing a solid waste disposal site to accept any nonhazardous industrial solid waste type unless landfill disposal sites that only receive ash generated by the burning of coal for the purpose of generating electricity by electric utilities and independent power producers meet certain other requirements. The bill requires the disposal of fly ash, bottom ash or any other such material generated by the burning of coal for the purpose of generating electricity by electric utilities and independent power producers, in any noncoal mining operation be subject to the solid waste permitting requirements. It exempts all ash and kiln dust generated by cement producing entities from all solid waste permitting requirements, provided such ash or dust is constructively
reutilized, or disposed of in any active or inactive coal or noncoal mining operation subject statutory requirements. The bill passed by a vote of 95 to 1.

-HB3025, by Rep. John Jordan, adds criteria under which the State Board of Education is permitted to grant an alternative placement teaching certificate to include a person who has successfully completed a terminal degree from an institution whose accreditation is recognized by the Oklahoma State Regents for Higher Education, or has qualified work experience in a field that corresponds to an area of certification as determined by the State Board of Education. The bill passed by a vote of 70 to 23.

-HB3115, by Rep. Scott Martin and Sen. Jason Smalley, modifies the definition of textbooks when relating to technology-based materials. The bill and its emergency clause passed by a vote of 88 to 2.

Tuesday, March 1, 2016

• The full Senate passed the following bills on Tuesday:

-SB 1390, by Sen. Mike Mazzei, requires every employer required to deduct and withhold a tax from the wages paid an employee to furnish to the Tax Commission, on or before February 28 of the succeeding year, an annual reconciliation and such other information as the Tax Commission may require pursuant to the Tax Commission's electronic data interchange program. The bill passed 43 to 0 without discussion or debate.

-SB 890, by Sen. Frank Simpson and Rep. Dustin Roberts, makes active members of the Coast Guard Auxiliary eligible for United States Armed Forces license plates. The bill passed 42 to 0.

-SB 893, by Sen. Mike Mazzei and Rep. John Montgomery, extends the sunset date from Jan. 1, 2017, to Jan. 1, 2018 for the tax credit for any state banking association, national banking association and credit union organized under the Oklahoma law for the amount of the guaranty fee paid by the banking association or credit union to the United States Small Business Administration pursuant to the "7(a)" loan guaranty program. The bill passed 44 to 0.

-SB 913, by Sen. Frank Simpson and Rep. Dustin Roberts, permits Oklahoma Army or Army or Air National Guard personnel with proper authorization to carry loaded or unloaded and concealed weapons on Oklahoma Military Department facilities under rules promulgated by the Adjutant General. The bill passed 42 to 0.

-SB 954, by Sen. Susan Paddack and Rep. Todd Thomsen, removes the requirement that the pre-law enforcement academy reading and writing test that a potential candidate must pass be administered by the Council on Law Enforcement Education and Training (CLEET). The bill passed 43 to 0.

-SB 976, by Sen. Mark Allen and Rep. Leslie Osborn, allows that at any time before there has been a breach of the undertaking in any type of bail provided, the surety or bondsman or a licensed bail enforcer pursuant to a client contract authorized by the Bail Enforcement and Licensing Act to surrender the defendant, or the defendant may surrender himself or herself, to the official to whose custody the defendant was committed at the time bail was taken, or to the official into whose custody the defendant would have been given had he or she been committed. It allows any defendant to be surrendered without the return of premium for the bond if he or she has been guilty of nonpayment of premium, changes address without notifying his or her bondsman, conceals himself or herself, leaves the jurisdiction of the court without the permission of his or her bondsman, or violates his or her contract with the bondsman in any way that does harm to the bondsman, or the surety, or violates his or her obligation to the court. The bill passed 43 to 0.

-SB 1085, with title restored, by Sen. Nathan Dahm and Rep. Lisa J. Billy, requires that each state individual income tax return form for tax years beginning after December 31, 2016, and each state corporate tax return form for tax years beginning after December 31, 2016 to contain a provision to allow a donation from a tax refund for the benefit of the General Revenue Fund. It allows the taxpayer to designate an elected amount of income tax refund to the General Revenue Fund. The bill creates the Income Tax Checkoff Revolving Fund for the Support of the Oklahoma General Revenue Fund. It authorizes the taxpayer to file a claim for refund at any time within three years from the due date of the tax return if said taxpayer makes a donation pursuant to the provisions provided therein. The bill passed 35 to 8.

-SB 1127, by Sen. Brian Crain and Rep. Cyndi Munson, modifies the definition of "vulnerable adult" to include persons with Alzheimer's disease or other dementias. The bill passed 43 to 0.

-SB 1141, by Sen. Brian Crain and Rep. David Derby, adds a penalty of the performance of not less than 100 and not more than 400 hours of community service for the act of using photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person and capture an image of a private area of a person without the knowledge and consent of such person and knowingly does so under circumstances in which a reasonable person would believe that the private area of the person would not be visible to the public. The bill passed 28 to 16

-SB 1147, by Sen. Brian Crain and Rep. George Faught, requires the medical certificate portion of death certificate data to be entered into a prescribed electronic system provided by the State Registrar of Vital Statistics by July 1, 2017. The bill passed 40 to 1.

-SB 1148, by Sen. Bryan Crain and Rep. Mike Ritze, prohibits the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act from requiring a physician secure a Maintenance of Certification (MOC) as a condition of licensure, reimbursement, employment or admitting privileges at a hospital in this state. The bill defines MOC as continuing educating program measuring core competencies in the practice of medicine and surgery, approved by a nationally-recognized accrediting organization. The bill passed 42 to 0.

-SB 1159, by Sen. Nathan Dahm and Rep. John Jordan, removes dagger, bowie knife, dirk knife and sword cane from the list of weapons that are unlawful carry. The bill passed 43 to 0.

-SB 1270, by Sen. Brian Crain and Rep. Pam Peterson, modifies requirements regarding the
reporting of sales authorized by the Oklahoma Scrap Metal Dealers Act. The bill allows for internet-based reporting methods. The bill passed 42 to 0.

-SB 1329, by Sen. John Ford and Rep. Travis Dunlap, provides that nothing in the Oklahoma Uniform Building Code or any building code adopted by any political subdivision or any rules or regulations promulgated will prohibit any Fire Marshal, any state agency, political subdivision or its officials from allowing a church that is occupancy-rated an A3 building pursuant to the International Building Code from utilizing its building space for temporary overnight-visitors for the purpose of religious retreats, ministry programs, overnight or lock-in events, emergency or catastrophic occurrences, to shelter transient persons, or to accommodate displaced persons due to hardship or inclement weather. The bill provides that such building use will not constitute a change in code occupancy rating, purposes or activities, provided any overnight visitor space utilized by a church within their existing buildings will be authorized only for a limited duration not to exceed seven consecutive days at a time and not exceeding more than five times per year unless the Governor has declared a state of emergency or exigent circumstances exist. The bill provides that the authorized hours for overnight-visitors be limited to the hours of 4pm through 7am each day and that any daytime use of the buildings by the temporary overnight visitors be deemed consistent with the original use and purpose of the building, including, but not limited to, food service programs that may benefit an overnight-visitor. The bill stipulates that, unlike a bed and breakfast that is exempt from certain codes or a hotel or motel that is occupancy rated an R1 pursuant to the International Building Code with their respective transient guests paying for their accommodations, the church will not charge for its accommodations nor be deemed a bed and breakfast, hotel or motel for any code occupancy rate purposes. The bill also provides that nothing in the Oklahoma Uniform Building Code or any code adopted by any political subdivision, any rules or regulations promulgated will be construed to cause a church to be in violation of the Oklahoma Uniform Building Code or any building code adopted by a political subdivision for the sole reason the church offers overnight visitor services. The bill passed 43 to 0.

-SB 1331, by Sen. John Sparks, modifies statutory references related to multicounty agent bondsmen. The bill adds any professional bondsman or multicounty agent bondsman to the definition of the term "insurer" and removes professional bondsmen from the definition of the term "surety bondsman." The bill clarifies language related to investigative files. The bill requires, in addition to existing requirements, that an applicant for a professional bondsman license have been continuously licensed as a surety, cash or property bondsman in Oklahoma for a minimum of two years immediately prior to the date of application. The bill clarifies references to the Insurance Commissioner. The bill adds that the Insurance Commissioner may deny, censure, suspend, revoke, or refuse to renew any license for an uncollected check and for failing to accept or claim a certified mailing from any district or municipal court clerk. The bill exempts suspended or formerly licensed bondsmen from certain requirements. The bill clarifies language related to the apprehension and surrender of a client whose undertaking or bail contract was written by the licensed bondsman. The bill modifies the period during which records must be maintained and available for inspection by the Insurance Commissioner to three years after the bondsman's liability on the bond is discharged by the court or the date collateral is returned by the bondsman to its lawful owner, whichever is later. The bill passed 42 to 0.

• The floor substitute for SJR 68, by Senator Clark Jolley, proposes a vote of the people on a constitution amendment that enacts new sections and repeals Sections 1, 1.A, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Article 28 of the Oklahoma Constitution. It establishes alcoholic beverages would be governed by the new article and other laws. It would require the Legislature to enact laws to regulate alcoholic beverages. It would prohibit common ownership between tiers of the alcoholic beverage business with some exceptions. It would apply some restrictions to manufacturers, brewers, winemakers and wholesalers. It would prohibit direct shipments to consumers unless direct shipments of wine are authorized by law, subject to limitations. It specifies certain retail licenses and allows the Legislature to prescribe other licenses. It would permit the sales of wine and beer would at certain licensed retail outlets. It would permit licensees to sell refrigerated or non-refrigerated products, and retail spirits licensees would be permitted to sell products other than alcoholic beverages in a limited amount. It permits the Legislature by law to designate days and hours during which alcoholic beverages could be sold, and would impose taxes on sales. It specifies certain restrictions relating to the involvement of the state and political subdivisions and public employees. It would permit municipalities to levy an occupation tax. It permits from the date of adoption by the voters until Oct. 1, 2018, brewers to continue to obtain and operate up to two low-point beer brewery-owned branches pursuant to the existing low-point beer laws pertaining to the distribution of low-point beer by brewery-owned branches. The remainder of the amendment's provisions would take effect Oct. 1, 2018. The measure passed 28 to 16 with its title restored and now heads to the House for its consideration.

-SB 481, by Sen. Gary Stanislawski and Rep. Charles McCall, permits the Insurance commission to make an application for receivership as in the matter of a domestic insurer when a prepaid funeral benefit permit holder refuses to submit the books, records, papers and instruments of the prepaid funeral benefit contracts to the examination and inspection of the assistants or examiners of the Insurance Commissioner, or refuses or neglects to establish or maintain a prepaid funeral benefit permit in accordance with the requirements of the Prepaid Funeral Benefits Act within 90 days after a written demand to establish or maintain a prepaid funeral benefit permit is made by the Commissioner, or in any manner obstructs or interferes with the examination of its prepaid funeral benefit contracts or refuse to be examined on oath concerning any of the affairs of its prepaid funeral benefit contracts. The bill excludes capital gains from inclusion in income. The bill prescribes how a may choose distribution from a perpetual care fund. The bill updates statutory references. The bill passed 44 to 0.

-SB 1012, by Sen. Bill Brown and Rep. Glen Mulready, modifies language related to the
Anti-Fraud Unit within the Legal and Investigation Division of the Insurance Department. The bill clarifies language related to the investigation of suspected fraud and adds authority to investigate any licensee under the regulation or authority of the Insurance Commissioner. The bill passed 39 to 6.

-SB 1017, by Sen. Ron Sharp and Rep. Josh Cockroft, allows any pawnbroker to provide a transaction report to the local law enforcement agency by either electronically reporting the information in the transaction report to an electronic database accessible only by law enforcement agencies or by reporting a physical copy of the transaction report directly to the law enforcement agency. It requires any pawnbroker to make the copy of said report within two days of any buy or pawn transaction to the local law enforcement agency. The bill passed 42 to 0.

-SB 1036, with title and enacting clause restored, by Sen. Jason Smalley and Rep. Jeff Coody, modifies the designating authority of individuals allowed to carry a handgun onto public school property from the board of education to the school district superintendent. The bill requires the names of individuals who have been designated to carry a firearm onto pubic school property to be kept confidential and to be exempt from the Oklahoma Open Records Act. The bill and its emergency clause passed 42 to 3.

-SB 1038, with title restored, by Sen. Jason Smalley and Rep. Scott Martin, requires the Commission for Education Quality and Accountability to establish a Teaching Certification Scholarship Program and Revolving Fund to provide qualifying teacher candidates seeking certification with a scholarship toward the cost of competency examinations. The bill requires the Commission to establish eligibility criteria. The bill requires the recipient of the scholarship to teach in Oklahoma for a minimum of one year. The bill passed 42 to 3.

-SB 1128, with title and enacting clause restored, by Sen. Patrick Anderson and Rep. Todd Thomsen, creates the Pension Improvement Act. The bill creates the "Oklahoma Pension Improvement Revolving Fund" for the retirement systems of the State of Oklahoma. It requires that the fund be a continuing fund, not subject to fiscal year limitations, and consist of all monies received and placed in the fund for the benefit of retired members and beneficiaries of the retirement systems of the State Oklahoma from such sources as may be designated by the law. It requires that expenditures from the fund be made only pursuant to legislative appropriation from the Oklahoma Pension Improvement Revolving Fund to pay for the cost of any legislatively authorized cost-of-living adjustment for the retirees or beneficiaries of the retirement systems of the Oklahoma or to reduce the unfunded liabilities of any of the state retirement systems. The bill and it emergency clause passed 43 to 2.

-SB 1193, by Sen. Bill Brown and Rep. Dan Kirby, modifies confidentiality requirements of insurance examination reports. The bill requires administrator's reports must be reviewed by a certified public accountant that is independent of the administrator. The bill passed 36 to 8.

-SB 1214, as amended, by Sen. Ron Sharp and Rep. Justin Wood, modifies language relating to the Not Guilty of Reason of Insanity plea and creating guilty with mental defect and not guilty by reason of mental illness pleas. The bill requires a plea of guilty with mental defect to result in a sentence that could be imposed by law upon a person who is convicted of the same offense. The measure requires a person found guilty with mental defect to be examined by the Department of Mental Health and Substance Abuse Services and provide a recommendation within 45 days. The bill replaces all references to insanity and insane with mental illness and mentally ill. The bill modifies and adds definitions. The amendment changes a previously overlooked reference of not guilty by reason of insanity to not guilty by reason of mental illness. The bill passed 41 to 0.

-SB1245, by Sen. Jason Smalley and Rep. Leslie Osborn, prohibits the lake area planning commission from applying fees to the sale or transfer of real property. The bill and its emergency clause passed 45 to 0.

-SB 1308, by Sen. Jason Smalley, creates the Zero Emission Tax Credit Transparency Act of 2016. The bill requires each taxpayer claiming a credit for electricity generated after Jan 1, 2017 to report specified information to the Oklahoma Tax Commission on a monthly basis for each turbine. The bill passed 37 to 8.

-SB 1353, with title restored, by Sen. Patrick Anderson and Rep. Jason Murphey, adds all members of the Legislature to whom the Oklahoma State Regents for higher education must submit an annual report of bond financing requests. The bill passed 43 to 0.

-SB 1370, by Sen. Frank Simpson and Rep. Pat Ownbey, requires the Department of
Human Services to determine the military status of parents whose children are subject to abuse or neglect. The bill requires the department to notify a United States Department of Defense family advocacy program that there is an investigation into the parent or guardian if the department determines that a parent or guardian is currently serving on active duty in the United States military. It requires the department to forward a report of its assessment or investigation and findings to the appropriate military law enforcement entity. The bill establishes that the term "law enforcement" includes military law enforcement if the subject of an investigation is currently serving in any branch of the U.S. military. The bill requires the department to promulgate necessary rules. The bill passed 40 to 0.

-SB 1535, by Sen. Gary Stanislawski and Rep. Dennis Ray Casey, creates a task force to make recommendations on how to increase the amount of money directed toward public school classrooms until Dec. 1, 2016. It requires the task force to, at a minimum, study the State Aid formula, administrative expenses, personnel policies and state mandates. It provides membership requirements and qualifications for 13 member task force. It requires that appointments to the task force be made within 30 days after the effective date. It requires that the assembled taskforce conduct an organizational meeting not later than August 31, 2016. The bill requires that a quorum of the task force be required to approve any final action of the task force. It requires that seven members constitute a quorum. It allows the task force to meet as often as may be required in order to perform the duties imposed upon it. It requires the meetings of the task force be subject to the Oklahoma Open Meeting Act. It requires members of the task force receive no compensation or travel reimbursement. The bill requires staff support be provided by the State
Department of Education, the Senate and the House of Representatives. It requires the task force to submit a report of its findings and recommendations by Dec. 31, 2016, to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The bill passed 44 to 0.

• The following legislation was approved on Tuesday by the full House:

-HB 2797, by Rep. Ann Coody, Rep. Lisa J. Billy, Rep. Pam Peterson and Sen. A J Griffin, creates the Humanity of the Unborn Child Act. The bill allows the Legislature to affirm that it is the public policy of the State of Oklahoma to make a value judgment favoring childbirth over abortion, and to implement that judgment by the allocation of public funds. An amendment was proposed by Coody that would require each public schools operating with grades nine and 10 to provide a unitive instruction regarding the characteristics of the unborn child. The amendment was adopted by unanimous consent. The bill was not debated and passed 64-12.

-HB 2304, by Rep. Chris Kannady, modifies information contained in a property disclaimer and disclosure statement as it relates to the Residential Property Condition Disclosure Act.

-HB 1654, as amended, by Rep. Kevin Wallace and Sen. Ron Sharp, makes it unlawful for any person through wanton disregard, carelessness or neglect to cause or allow any edible meat of a game bird, game mammal or game fish to go to waste, except when the meat is not fit for human consumption due to gunshot, injury or disease or if the wildlife specimen is being prepared for taxidermy. The bill defines applicable terms. The bill passed by a vote of 72 to 22.

-HB 2248, by Rep. Jason Murphey and Sen. Anthony Sykes, adds global positioning data sets generated from state-owned vehicles to the list of data sets to be made available on the data.ok.gov website. The bill permits the Office of Management and Enterprise Services director or the Chief Information Officer to grant a publication exemption for global positioning data sets generated from vehicles principally utilized in providing law enforcement services. It also clarifies that multiple paper ballots are not required when voting to levy sales tax. The bill passed by a vote of 64 to 27.

-HB 2276, as amended, by Rep. Lee Denney and Sen. Jim Halligan, allows the owner of
property to file a request for judicial location exception with the county court if the owner objects to a corporation's desire to locate its pipeline, utility line or other transmission line on said property. The bill requires the petitioner to give notice of the request for judicial location exception to the respondent. The bill requires the court to conduct a hearing to determine if an alternative location would be possible. The bill passed by a vote of 62 to 29.

-HB 2285, by Rep. Jason Murphey and Sen. Nathan Dahm, repeals statutory language related to the Oklahoma Pharmacy Connection Council. The bill passed by a vote of 90 to 0.

-HB 2449, by Rep. Terry O'Donnell and Sen. Don Barrington, requires the driver of a motor vehicle, upon approaching a vehicle being used in the collection of refuse, solid waste or recyclables displaying side marker lamps which flash in conjunction with turn signal lamps or vehicle hazard warning lamps to perform certain maneuvers. It prohibits flashing lights except on any vehicle being used in the collection of refuse, solid waste or recyclables displaying side marker lamps which flash in conjunction with turn signal lamps or vehicle hazard warning lamps indicating the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking or passing, as provided therein. The bill passed by a vote of 90 to 3.

-HB 2473, as amended, by Rep. Ken Walker, and Sen. Gary Stanislawski, removes the
requirement to issue citation if no security form is produced for compulsory liability insurance. It requires the requesting law enforcement officer have access information from the online verification system through the vehicle's identification number, registered owner's name or other identifying characteristic or marker to verify valid and current security and establish compliance with the Compulsory Insurance Law if the operator fails to produce the security verification form during a traffic stop or accident investigation. It allows the officer to issue a citation to the operator for failure to comply with the Compulsory Insurance Law if the operator fails to produce the security verification form and compliance is not confirmed through the online verification system. The bill's amendment, by Rep. Mike Shelton, allows a driver to present an online or mobile version of their insurance verification. The bill passed by a vote of 80 to 13.

-HB 2474, by Rep. Pam Peterson and Sen. A J Griffin, limits rulemaking authority for disqualifying criteria relating to provisional driver licenses by prohibiting such rules from preventing the issuance of a provisional license due to nonpayment or delayed payment of court-ordered fines, fees and penalties, to an individual that otherwise satisfies the eligibility requirements for said license. The bill passed by a vote of 90 to 0.

-HB 2492, by Rep. Gary Banz, and Sen. Jack Fry, expands the list of tax-exempt or nonprofit license plates to be designed for any vehicle owned and operated by the Civil Air Patrol, a congressionally chartered corporation that also serves an auxiliary of the United States Air Force and which is exempt from taxation pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and is used exclusively for its corporate missions of aerospace education, cadet programs and emergency services. It requires the plates be permanent in nature and designed in such a manner as to remain with the vehicle for the duration of the life span of the vehicle or until the title to such vehicle is transferred to an owner who is not subject to this exemption. It requires such vehicles be exempt from the registration fees except that an initial registration fee of $25.00 which applies to each vehicle. The bill passed by a vote of 80 to 3.

-HB 2519, by Rep. Randy Grau, allows for the use of the county highway fund for the removal and disposal of storm debris and dead animal carcasses from county roads and rights-of-way thereof. The bill passed by a vote of 95 to 0.

-HB 2523, by Rep. Dennis Ray Casey and Sen. A J Griffin, removes the population requirement for jurisdiction over real property and navigable streams and authorizing municipalities to enter into cooperative agreements in the event of dual municipal jurisdiction. The bill passed by a vote of 73 to 11.

-HB 2703, by Rep. Elise Hall, R-Oklahoma City, and Sen. David Holt, requires the State Registrar to review and may authorize each applicant requesting an electronic verification of a birth or death certificated through a system for legal or administrative purposes when requested by provided parties. It prohibits any person or entity receiving an electronic version of a birth or death record from disclosing any information contained in such record other than for said record's intended use. It establishes a fee of $4.00 for each record requested to be charged by the Registrar. It provides for additional fees. The bill requires the State Department of Health to make a public birth and death index available on its website no later than July 1, 2017, required to contain a subject's name, gender, date of birth or death and the county in which the birth or death occurred. It requires the entire birth and death index be in a digitized format. The bill allows an individual record contained in the index to be accessed through a web portal on the Department's website at no cost. It requires that any individual or entity that desires to obtain portions of or the entire birth or death index to pay a fee established by the State Board of Health. It requires the index to include data for births and deaths occurring more than 25 years after the year of the birth or death. The bill passed by a vote of 83 to 4.

-HB 2971, by Rep. Jason Nelson, and Sen. Greg Treat, creates the Child Welfare Review Committee for the Death and Near Death of Children with Disabilities. The bill states the purpose of the committee sets a termination date, a report that redacts confidential information, provides for membership, establishes appointment deadline, directing how vacancies should be filled, providing for selection of officers, provides for staff assistance and requires the submission of a report to be made available to the public. The bill and its emergency clause passed by a vote of 90 to 0.

-HB 3000, by Rep. Lewis Moore and Sen. Wayne Shaw, designates the "Trail Of Tears Historic Bike Route" from the Cherokee Nation Capitol Building, along U.S. Highway 62 from the City of Tahlequah to the Arkansas border. It provides the cost associated with signage required by this section will be provided from private sources and include the cost of the initial erection of signs as well as the cost of potential replacement or reconstruction of signs. It requires the Department of Transportation to cause suitable permanent markers to be placed upon the highway bearing the name "Trail Of Tears Historic Bike Route" upon receiving adequate funding from private sources and after a shoulder lane has been provided. It requires the department to provide a shoulder lane designated for use by bicycle traffic on the Trail Of Tears Historic Bike Route. The bill passed by a vote of 72 to 18.

-HB 2450, by Rep. James Leewright, increases fines to individuals found impersonating a member or veteran of the United States Armed Forces by wearing any decoration or medal authorized by the Congress of the United States for the Armed Forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations as authorized by the applicable federal law to $1,000.00. Concerns were raised by House Democrats the fine increase could impact the homeless population who may or may not be veterans. The bill passed by a vote of 84 to 9.

-HB 2267, by Rep. Doug Cox and Sen. Ron Justice, extends the termination date of the hospital offset payment program fee from Dec. 31, 2017 to Dec. 31, 2020. The bill passed by a vote of 83 to 7.

-HB 2305, by Rep. Chris Kannady, requires an affidavit of merit in negligence counterclaims and cross-claims and describes what an affidavit must contain. The bill makes an exception based on indigency. The bill passed by a vote of 70 to 16.

-HB 2370, by Rep. Brian Renegar and Rep. Jadine Nollan, modifies rules to be considered by the State Board of Health regarding quarantine, impounding immunization and disposal of an animal to include the consideration of the current health of an animal when requiring immunizations and defer to the opinion of a veterinarian to determine if the animal is healthy enough to receive an immunization. The bill passed by a vote of 63 to 21.

-HB 2760, by Rep. Dan Kirby and Sen. A J Griffin, requires the State Department of Health to create a concussion management section on its website to provide guidelines for each school district board of education and youth sports organizations to develop their own policies relating to concussion awareness. The bill modifies certain definitions. The bill requires information regarding concussion and head injuries to be disseminated to the athlete and his or her parent or guardian. The bill passed by a vote of 65 to 26.

-HB 2775, by Rep. Charles McCall, modifies the time period related to income tax refunds and the period of time related to filing electronic returns. It also modifies due dates with respect to certain income tax returns of business entities. The bill also states that every employer who is required to deduct and withhold a tax from the wages paid an employee are to furnish to the Oklahoma Tax Commission, on or before February 28 of the succeeding year, an annual reconciliation and such other information as the commission may require pursuant to the Tax Commission's electronic data interchange program. The bill and its emergency clause passed by a vote of 86 to 0.

-HB 2797, as amended, by Rep. Ann Coody, Rep. Lisa J. Billy, Rep. Pam Peterson and Sen. A J Griffin, creates the Humanity of the Unborn Child Act. The bill allows the Legislature to affirm that it is the public policy of the State of Oklahoma to make a value judgment favoring childbirth over abortion, and to implement that judgment by the allocation of public funds. The bill creates the Public Education on the Humanity of the Unborn Child Fund. The bill requires the State Department of Education shall establish, operate and maintain a public information program or programs for the purpose of educating the public about the humanity of a child in utero. The bill requires the Department to establish, operate and maintain a program to educate students in grades nine through twelve about the humanity of a child in utero. The bill requires the Department to conduct certain program activities. The bill requires each medical provider licensed in this state and each hospital licensed in this state shall inform each pregnant patient under the care of the physician or hospital, not later than five days from the determination that the patient is pregnant, of the public information programs developed pursuant to this bill. The bill adds language that prohibits any organization to use the funds to provide or promote abortion or refer for abortion. It also adds that the funds may not be used to finance programs or materials on human sexuality. The bill passed by a vote of 64 to 12.

Wednesday, March 2, 2015


• On Wednesday, the Senate passed the following measures:

-SB 911, by Sen. Ron Sharp, allows the board of education of each school district to adopt a procedure that requires students to perform community service for violating a district's discipline policy. The bill provides guidelines for the policy including granting an exemption for children under the age of 8 or those on an individualized education plan. It requires the district board of education to establish an appeals process and specify whether appeals are to be to a local committee composed of district administrators or teachers or both or to the district board of education. The bill also requires a district's policy to adhere to all state and federal privacy laws regarding student data. The bill requires the district board of education to make a report annually to the State Department of Education and specifies the contents of the report. It passed 32-13.

-SB 1141, by Sen. Brian Crain and Rep. David Derby, adds a penalty of the performance of not less than 100 and not more than 400 hours of community service for the act of using photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person and capture an image of a private area of a person without the knowledge and consent of such person and knowingly does so under circumstances in which a reasonable person would believe that the private area of the person would not be visible to the public. The bill passed 32 to 13 with its title stricken and now moves to the House for its consideration.

-SB 907, by Sen. Don Barrington and Rep. Terry O'Donnell, excludes "ignition interlock device that has been installed on a motor vehicle" from the definition of an "electronic communication device" for purposes of the prohibition on texting while driving. The measure passed 45-0.

-SB 941, by Sen. Mike Schulz and Rep. Charles Ortega, requires that a court equally apply the same percentage reduction to any court-ordered monetary obligation owed by the defendant including, but not limited to, fines, court costs and costs of incarceration if the court determines that a reduction in the restitution due is warranted. The bill passed 41 to 4.

-SB 946, with title restored, by Sen. Don Barrington and Rep. Pam Peterson, amends language related to Department of Corrections exemptions to the Public Competitive Bidding Act of 1974 when the governing board declares and emergency. The bill provides that such exemptions will not extend to any contract exceeding $250,000 for situations in which the emergency impacts the conditions of confinement, health and safety of inmates in the custody of the Department of Corrections. The bill and its emergency clause passed 44 to 1.

-SB 953, by Sen. Susan Paddack and Rep. Todd Thomsen, increases from $9 to $10 the fee the court is required to order be paid by any person convicted of an offense, including traffic offenses but excluding parking and standing violations, punishable by a fine of $10 or more or by incarceration or any person forfeiting bond when charged an offense. The bill passed 33 to 9.

-SB 1134, with title restored, by Sen. Frank Simpson and Rep. Dustin Roberts, requires each individual income tax and each corporate income tax form for tax years beginning after Dec. 31, 2016, to contain a provision to allow a donation from a tax refund for the benefit of the Oklahoma Department of Veterans Affairs Indigent Veteran Burial Program. The bill creates the Indigent Veteran Burial Revolving Fund. The bill permits the Oklahoma Department of Veterans Affairs to provide reimbursements from the fund to a cemetery or funeral home for costs incurred burying an indigent veteran. The bill provides the maximum reimbursement cannot exceed $5,000 per veteran and total reimbursements made in calendar year 2017 is limited to $20,000. The bill establishes procedures for a taxpayer who makes a donation in error to request and receive a refund. The bill passed 43 to 0.

SB 1405, by Sen. Dan Newberry and Rep. Chad Caldwell, prohibits the county clerk from collecting a fee for filing a document required related to flood determination for real property and requires the county to create a county flood determination form to be filled as a prerequisite for filing the deed. The bill passed 45 to 0.

-SB 1430, by Sen. Dan Newberry and Rep. Todd Russ, requires the fair market value of the real estate to be supported by an appropriate evaluation of real property collateral that is consistent with safe and sound banking practices. It requires the recorded value of the property be updated from time to time to reflect current market conditions as well as any other factors that may affect the fair market value. The bill removes language that requires banks or trust companies shall be to keep current appraisals on file to substantiate their other real-estate-owned property book values. It permits the Banking Commissioner to prescribe circumstances, which if satisfied by a bank, will permit the bank's board of directors to meet no less often than once every two months. It requires that if the Commissioner permits a board of directors to meet less often than monthly, any statutory requirement or rules of the Oklahoma Administrative Code for monthly reviews by the board shall be interpreted to mean review at each meeting of the board of directors. The bill and its emergency clause passed 45 to 0.

-SB 1097, by Sen. Nathan Dahm and Rep. Jason Murphey, repeals language relating to requests of county clerks for copies of statute books for certain municipalities. It repeals language relating to the requirement for copies of court decisions provided to the Department of Libraries. It repeals language that authorizes the Supreme Court and the Criminal Court of Appeals to employ a qualified person to aid the examination and approval of rulings and opinions at a salary of not to exceed $4,2000 annually.

-SB 1493, as amended, by Sen. Jason Smalley and Rep. Scott Biggs, allows a municipality to donate used equipment that has been tested and certified as safe to a volunteer fire department and exempts them from liability for any damage caused by the use of such equipment by the volunteer fire department.

-SB 1530, with title restored and as amended by Sen. Nathan Dahm and Rep. Ken Walker, prohibits a person or entity to require the payment of a fee or other consideration to remove, revise, or refrain from posting to a website or any other publication the arrest or booking records including booking photographs of a person who has had no charges filed, has had charges dismissed or if said person's records have been expunged.

-FS for SB 1170, by Sen. John Ford and Rep. Dennis Ray Casey, removes language requiring end-of-instruction testing. It also repeals a section of statute regarding. It also repeals language concerning alternative methods of demonstrating mastery of state academic content standards. The bill passed 41 to 0.

-SB 901, with title restored, by Sen. Earl Garrison and Rep. Wade Rousselot, creates the Prisoner of War and Missing in Action License Plate. The bill requires the plates to be designed in consultation with Rolling Thunder Oklahoma. It permits the license plate for a motorcycle to be of similar design as space permits or a new design in order to meet the space requirement. The bill creates the Prisoner of War and Missing in Action License Plate Revolving Fund for the benefit of the State Military Department and requires that $20 of the Prisoner of War and Missing in Action license plates fees be deposited in the fund. The bill permits the department to expend the funds to assist Oklahoma veterans in need. The bill passed 38 to 0.

-SB 1223, by Sen Earl Garrison and Rep. Wade Rousselot, creates the Pollinator and Pesticide Task Force. The bill provides an expiration date, sets duties, provides for membership and naming of the chair, provides for a quorum and prohibits members from receiving compensation other than travel reimbursement. The bill passed 29 to 12.

-SB 1251, by Sen. John Ford and Rep. Chad Caldwell, declares legislative intent with respect to levy and use of tax levies. The bill establishes levies upon all sales of personal property and the storage, use or other consumption of personal property purchased or brought into the state at 4.5 percent. The bill requires remote sellers to collect, report and remit sales and use taxes in accordance with the act if the gross annual receipts exceed $1 million. The bill repeals language related to the levy of tax on out-of-state vendors. The bill passed 32 to 9.

-SB 1273, with title restored, by Sen. Kay Floyd and Rep. Josh Cockroft, prohibits child care facilities from using soft or loose bedding, including but not limited to blankets, in sleeping equipment or in sleeping areas used for infants. It also provides no facility will allow toys or educational devices in sleeping equipment or in a sleeping area and that no facility will place a child in sleeping equipment or in a sleeping area which has not been previously approved for use as such by the Department of Human Services. The bill and its emergency clause passed 33 to 10.

-SB 1287, by Sen. A J Griffin, prohibits the forwarding of unsubstantiated findings and findings of self-neglect on vulnerable adults to the office of the district attorney and repeals statutory language related to the reporting of abuse due to duplication. The bill passed 43 to 0.

-SB 1551, by Sen. Dan Newberry, modifies the calculation of state employees' benefit allowance. The bill also requires Employees Group Insurance Board to offer HMO plans with the same actuarial value to the PPO plan with the highest level of benefits offered. The bill removes the requirement that benefit plan contracts with the Board, health maintenance organizations, and other third party insurance vendors provide for a risk adjustment factor for adverse selection that may occur, as determined by the board, based on generally accepted actuarial principles.

• The following bills were approved in the House on Wednesday:

-JCR to SB 1570, by Sen. Clark Jolley, Sen. Greg Treat, Rep. Dennis Ray Casey and Rep. Earl Sears, transfers all property of the Will Rogers Memorial Commission to the Oklahoma Historical Society and places the governance of the commission under the governance of the Oklahoma Historical Society. The bill permits the Historical Society to contract for the services of an electronic or online point-of-sale system for the memorial. The bill makes statutory changes necessary to accomplish the transfer. The bill repeals statutory language related to the agreement and placement of the memorial; outdated language related to the repeal of merger of Will Rogers Memorial Commission and J.M. Davis Memorial Commission; and the creation of the Will Rogers Memorial Commission governing body. The bill passed by a vote of 85 to 9 without debate.

-HB 2352, by Rep. Todd Russ, requires an issuer planning to offer and sell securities in the state to file documents with the Oklahoma Securities Commission prior to initial offer or sale. The measure requires the Oklahoma Securities Commission to promulgate rules to implement the provisions of the bill. The bill passed by a vote of 91 to 0.

-HB 2431, as amended, by Rep. Sally Kern and Sen. Rob Standridge, prohibits a permanent guardianship if the prospective guardian would be denied placement as a prospective foster or adoptive parent under provisions provided therein or if the prospective guardian is subject to the Oklahoma Sex Offenders Registration Act or married to or living with an individual subject to the Oklahoma Sex Offenders Registration Act. The amendment adds an emergency clause to the bill. The bill and its emergency clause passed by a vote of 93 to 0.

-HB 2665, by Rep. Doug Cox and Sen. Brian Crain, requires the Oklahoma Health Care
Authority to promulgate rules that eliminate benefits for any nonpregnant able-bodied adult less than 65 years of age. It requires the Oklahoma Department of Human Services to eliminate Medicaid eligibility for any nonpregnant able-bodied adult under sixty-five 65 years of age. It requires the Authority to seek any federal approval necessary to implement the provisions of the bill. The bill passed by a vote of 65 to 34.

-HB 2704, by Rep. Elise Hall and Sen. Corey Brooks, prohibits travel reimbursement for state employees from exceeding the amount prescribed by the Internal Revenue Code. The bill requires distances for which reimbursement for use of privately owned motor vehicles is claimed to be actual business miles based on a recognized GPS. The bill passed by a vote of 85 to 1.

-HB 2937, by Rep. Mark McCullough, would allow the Oklahoma Department of Mental Health and Substance Abuse Services to implement this type of treatment for those with opioid or alcohol dependence. A floor amendment was added that clarifies the program is voluntary and participants can refuse the use of medication if they wish. The amendment also adds that their refusal to be administered this drug cannot be grounds for dismissal from drug court. The bill did not receive debate and won approval from the House by a vote of 91 to 3.

-HB 1471, by Rep. Justin Wood and Sen. Ervin Yen, prohibits minors from using a tanning device in a tanning facility. The bill defines applicable terms. The bill exempts any physician who is duly licensed to practice medicine in Oklahoma and in is in the practice of medicine, use or prescribes to be used a phototherapy device with respect to a patient of any age. The bill requires the owner, lessee or operator of a tanning facility to post in a conspicuous place a notice developed and made available by the State Department of Health. The bill specifies what the notice must state. The bill requires the owner, lessee or operator to also give to each of its customers a written statement which must be signed by the customer before initial use of the facility and each year thereafter. It directs the statement to be developed by the State Department of Health and specifies its contents. The bill passed by a vote of 55 to 42 with Wood serving notice on the bill.

-HB 1526, as amended, by Rep. Jadine Nollan, creates the Seniors Prescription Safety Act of 2016. The bill requires a practitioner or member of the practitioner's medical or administrative staff to notify the patient, or the patient's authorized representative, of the patient's right to have a prescription label include the symptom or purpose for which the drug is prescribed. It changes the permission that a prescription label include the symptom or purpose for which the drug is prescribed to a requirement that the prescription label include the symptom or purpose for which the drug is prescribed. The amendment changes the mandate into permissive language. The bill passed by a vote of 88 to 11.

-HB 2380, by Rep. Regina Goodwin and Sen. Kimberly David, prohibits a certified appraiser from being eligible to appraise a general execution property if the certified appraiser is related within the third degree by affinity or consanguinity to the sheriff or any employee of the appointing sheriff's office. The bill passed by a vote of 80 to 14.

-HB 2491, by Rep. Ann Coody and Sen. Eddie Fields, requires the Department of Human Services to notify the designated federal authorities at the federal military installation where the active duty service member is assigned, that the Department has received a report that a child may be abused, neglected or drug-endangered if the child is a member of an active duty military family. It requires an investigation or assessment include an inquiry into whether the person responsible for the health, safety or welfare of the child is an active duty service member of the military or the spouse of an active duty service member. It requires the Department to collect and report information related to the military affiliation of the person or spouse responsible for the health, safety or welfare of the child to the designated federal authorities at the federal military installation where the service member is assigned as provided. The bill passed by a vote of 90 to 5.

-HB 2595, as amended, by Rep. John R. Bennett, Rep. Richard Morrissette, and Sen.
Frank Simpson, permits a court making a sentencing decision concerning a person who is a veteran to consider as a mitigating factor that the person has been diagnosed as suffering from post-traumatic stress disorder resulting from his or her military service. The bill requires the defendant to provide the court documentary evidence that the defendant has served in the U.S. Armed Forced in a combat zone and suffers from post-traumatic stress disorder connected to that service. The bill defines applicable terms. The bill passed by a vote of 90 to 0.

-HB 2764, by Rep. John Montgomery and Sen. John Ford, creates the Oklahoma Education Finance Authority which shall be governed by a board of trustees consisting of seven members to be selected or appointed. The bill provides membership and establishes procedures for operation. The bill authorizes the Authority to hire an executive director or chief administrative officer to oversee the operations of the Authority, including but not limited to the receipt of contributions or other income, the proper management of the endowment fund, the disbursement of income from the endowment fund or such other matters as may be required. The bill establishes the Oklahoma Education Finance Authority Endowment Fund consisting of funds received by the Oklahoma Education Finance Authority from contributions made to the Authority. The bill requires each state individual income tax return to contain a provision to allow a donation from a tax refund for the benefit of the Fund and deposited into the Income Tax Checkoff Revolving Fund. The bill passed by a vote of 82 to 15.

-HB 2834, by Rep. Jon Echols and Sen. Nathan Dahm, requires that a person pointing a weapon at a perpetrator in self-defense in order to thwart, stop or deter a forcible felony or attempted forcible felony not be deemed guilty of committing a criminal act. The bill defines "defensive force." The bill passed by a vote of 91 to 3.


Thursday, March 3, 2015


• On Thursday morning, the Senate passed several bills, including:

-SB 877, by Sen. Frank Simpson and Rep. Dustin Roberts, expands certain exceptions in Oklahoma Department of Veterans Affairs.

-SB 923, by Sen. Frank Simpson and Rep. Dustin Roberts, adds an exemption for the requisition of motor vehicles

-SB 1030, by Sen. Mike Mazzei and Rep. David Brumbaugh, creates the Oklahoma Multi-year Revenue and Expenditure Projection Act and requires certain revenue and expenditure estimates.

-SB 1108 By Sen Ron Justice of the Senate and Rep. Gary Banz modifies information to be printed on election ballots.

-SB 1175, by Sen. Patrick Anderson and Rep. Randy Grau, creates civil liability for violation of the Odometer Setting Act.

-SB 1198, by Sen. Ron Justice and Rep. John Paul Jordan, establishes administrative fees by rule for occupational safety and creates a revolving fund.


Other news this week

• Oklahoma energy leader, Aubrey McClendon, died in a single car crash on Wednesday morning in northeast Oklahoma City. According to the Oklahoma City Police Department, the investigation into the crash will not be complete for at least two weeks and the medical examiner will determine the cause of his death.

A federal grand jury recently indicted McClendon on charges of conspiring to rig bids for Oklahoma oil and natural gas leases between 2007 and 2012. On Tuesday, one day before his death, McClendon denied the claims, calling the charge “wrong and unprecedented.”
McClendon gained prominence and substantial wealth through the creation of Oklahoma City-based Chesapeake Energy Corp., which grew from an initial $50,000 investment to one of the nation's energy giants.

• On Thursday, Secretary of Finance, Preston Doerflinger announced immediate budget cuts, forcing 4 percent reductions to all agencies, including the Department of Education, the Oklahoma Health Care Authority and the Regents for Higher Education. The cuts amount to an overall cut of almost $236 million and follow a previous round of 3% cuts announced in December.

According to Doerflinger, with the across-the-board cut, the agencies that receive the most state funding will see the biggest monetary decline. Among those, education will receive an additional cut of $62.4 million following the earlier cut of $46.8 million, while the Health Care Authority will absorb a $63.8 million reduction when both cuts are taken into consideration. The total reduction for higher education is $56.2 million.