The Oklahoma Senate


Week In Review
Monday, Mar. 6, to Thurs., Mar. 9, 2017

Monday, March 6, 2017

• The Senate met Monday afternoon and approved the following bills:

-SB 74, by Sen. Joe Newhouse and Rep. Eric Proctor, sets a July 1, 2022, sunset date for the aircraft excise tax exemption for aircraft purchased or used by commercial airlines. The bill passed 43 to 0.

-SB 555, by Sen. Joe Newhouse and Rep. Eric Proctor, limits the time during which the exemption to aircraft excise tax may be used for aircrafts purchased for agricultural spraying, requiring it to expire on July 1, 2022, unless reauthorized by the Oklahoma Legislature. The bill passed 43 to 0.

-SB 557, by Sen. Joe Newhouse and Rep. Eric Proctor, limits the time during which the exemption to aircraft excise tax may be used for aircrafts which have a selling price in excess of $2.5 million and which are transferred to a purchaser who is not a resident of this state for immediate transfer out of state and requiring it to expire on July 1, 2022, unless reauthorized by the Oklahoma Legislature. It also passed 43 to 0.

-SB 558, by Sen. Joe Newhouse and Rep. Eric Proctor, limits the time period during which the tax credit for ethanol purchases by retail dealers may be claimed, requiring its expiration on July 1, 2022, unless reauthorized by the Oklahoma Legislature. The bill passed 44 to 0.

-SB 89, by Sen. Greg McCortney and Rep. Todd Thomsen, increases to $30 from $20 the registration fee the Council on Law Enforcement Education and Training (CLEET) is authorized to charge to cover the cost of meals it provides during training for peace officers. It expands the list of meals to include dinner. The bill passed 44 to 0.

-SB 180, by Sen. Greg McCortney and Rep. Chad Caldwell, provides existing statute should not be construed to require a hospice to employ a certified home health aide in the provision of hospice services so long as the hospice employs a certified nurse aide. It requires a person qualified by the Department of Health as a certified nurse aide to be deemed to have met the requirements to work as a home health aide under the provisions of the Home Care Act and to require no further licensure for performing services within the scope of practice of home health aides. The bill passed 43 to 0.

-SB 225, with title restored, by Sen. A J Griffin and Rep. Harold Wright, adds a publicly-traded partnership to the types of royalty interest owners for which certain withholding is not required. The bill defines applicable terms. The bill passed 44 to 0.

-SB 250, by Sen. A J Griffin and Rep. Bobby Cleveland, grants the Oklahoma State Bureau of Investigations original jurisdiction to investigate all deaths of incarcerated offenders when the death occurs in any jail in the state or in the Oklahoma prison system. The bill passed 45 to 0.

-SB 586, by Sen. Darcy Jech and Rep. John Pfeiffer, reauthorizes the income tax checkoff contained in the Wildlife Diversity Fund effective January 1, 2018. The bill passed 39 to 6.

-SB 587, by Sen. Darcy Jech and Rep. Carl Newton, requires the Wildlife Commission to meet at least nine times per calendar year in regular session, with no two regular session meetings held within the same month. The bill passed 45 to 0.

-SB 594, with title stricken, by Sen. Darcy Jech and Rep. Rhonda Baker, grants the State Board of Agriculture the authority to promulgate rules governing the approval of milk and milk product facilities within the Oklahoma Milk and Milk Products Act and removes the Department of Environmental Quality from the process. The bill also adds the words willfully, recklessly, or negligently to the definition of any person who violates the provisions of the Oklahoma Milk and Milk Products Act. The bill passed 36 to 9.

-SB 596, by Sen. Darcy Jech and Rep. Carl Newton, modifies the definition of concentrated swine feeding operation under the Oklahoma Swine Feeding Operations Act and removes the requirement to obtain license for certain swine feeding operations. The bill allows a municipality to grant a written waiver from setback requirements for a particular animal feeding operation. The bill passed 40 to 5.

-SB 654, by Sen. Kay Floyd and Rep. John Jordan, creates until Sept. 15, 2019, the 17-member Joint Legislature Task Force on Sexual Assault Forensic Evidence to examine the following: the process for gathering and analyzing sexual assault forensic evidence kits in this state; identify the number of untested evidence collection kits in the possession of each law enforcement agency by means of an audit conducted by each agency; identify possible improvements for law enforcement training on responding and investigating sexual assaults; identify possible improvements for victim access to evidence other than sexual assault forensic evidence kits, including but not limited to police reports and other physical evidence; identify possible procedures for the testing of anonymous kits; identify additional rights of victims concerning the sexual assault forensic evidence kits testing process; and identify and pursue grants and other funding sources in order to eliminate the backlog of untested sexual assault forensic evidence kits, reduce testing wait times, provide victim notification and improve efficiencies in the kit testing process. The bill and its emergency clause passed 45 to 0.

-SB 668, by Sen. Wayne Shaw and Rep. Josh West, states the Legislature's recognition that
an effective program for preserving the scenic beauty of the free-flowing streams and rivers designated as a scenic river area necessarily involves the cooperation and support of the people in the operating areas of a designated scenic river, as well as the people using the scenic river, and the agencies of state government administering these areas and that the primary purpose of the Scenic Rivers Act is to encourage the preservation of the areas designated as a scenic river area in their natural scenic state. It removes the requirement that certain statutory provisions and administrative rules of the Scenic Rivers Commission remain in effect until July 1, 2017. The bill passed 26 to 19. Its emergency clause passed 32 to 13.

-SB 784, by Sen. Rob Standridge and Rep. John Enns, modifies the duties of the State Board of Pharmacy to include approval of pilot projects designed to utilize new or expanded technology or processes and provide patients with better pharmacy products or provide pharmacy services in a safer and efficient manner. The bill also clarifies language related to the sale of dialysate dispended or delivered in their original sealed packaging upon receipt of a prescriber's order. The bill passed 45 to 0.

• The House met on Monday and approved the following legislation:

-HB 1831, by Rep. Leslie Osborn and Sen. Eddie Fields, modifies the permitted use of monies collected from entrance or day-use charges for the state park system. The bill passed by a vote of 82 to 10.

-HB 1842, by Rep. Leslie Osborn and Sen. Eddie Fields, creates a penalty for failing to pay the wrecker or towing services assessment by the due date established by the Corporation Commission and will result in an additional penalty of 25 percent per vehicle. It allows the Transportation Division Director, or designee, to waive the penalty for good cause shown. It requires annual budgetary limits stay in effect unless superseded by action of the Legislature. The bill and its emergency clause passed 82 to 4.

-HB 1008, by Rep. Rande Worthen and Sen. John Sparks, modifies when the court may terminate a parent's rights to a child to include when a parent has previously abused or neglected another child living in the home or failed to protect another child living in the home for abuse or neglect. The bill passed 95 to 0.

-HB 1188, by Rep. Edward Cannaday and Sen. Frank Simpson, requires unused sick leave of up to 60 days for a teacher employed after July 1, 2017, at the Oklahoma School for the Blind or the Oklahoma School for the Deaf accumulated at another school district to be transferable. The bill and its emergency clause passed by a vote of 87 to 6.

-HB1189, by Rep. Tom Gann and Sen. Wayne Shaw, changes all references of microphotograph, microfilm, microphotographic, microfilming to digitize, digitally and digital copy when relating to county assessor records. The bill passed by a vote of 89 to 3.

-HB 1193, by Rep. Rick West and Sen. Roland Pederson, allows the State Board of Agriculture to designate statewide livestock organizations. The bill defines terms and allows the board to designate a new organization should the designated organization no longer represent a majority of livestock producers. The bill passed by a vote of 92 to 1.

-HB 1228, by Rep. Tammy West and Sen. Paul Scott, creates the Department of Human Services and Private Adoption Collaboration Program. The bill passed by a vote of 93 to 0. The amendment deletes the words "providing postplacement supervision."

-HB 1235, by Rep. Mike Osburn and Sen. Anthony Sykes, relates to service of process. It requires the filing of an affidavit if alternative method of process is needed. The bill passed by a vote of 93 to 0.

-HB 1249, by Rep. Mike Sanders and Sen. Stephanie Bice, changes the name of the State Transportation Fund to the State Highway Construction and Maintenance Fund. The bill passed by a vote of 92 to 0.

-HB 1253, by Rep. Mike Sanders and Sen. Stephanie Bice, modifies the destination fund for apportionment of funds collected pursuant to the Oklahoma Vehicle License and Registration Act from the State Transportation Fund to the State Highway Construction and Maintenance Fund. The bill passed by a vote of 91 to 0.

-HB 1495, by Rep. Travis Dunlap and Sen. Dan Newberry, creates the Death Certificate Accuracy Act. It requires a certifier completing cause of death on a certificate to indicate that a legal drug, overdose or suicide was the cause of death. It requires an individual to indicate if suicide was the manner of death. The bill deems an individual who knowingly omits to list a lethal agent or improperly states a manner of death to have engaged in unprofessional conduct. The bill passed 62 to 26.

-HB 1516, by Rep. Josh Cockroft and Sen. Chris Kidd, prohibits the board of county commissioners from deeming any property to be surplus during the elections of any two county commissioners occurring at the same time. It provides requirements for declaring county property or material surplus. It provides procedures in instances where two incumbents draw no opponents or if the two or more incumbent county commissioners both win their reelections. The bill passed by a vote of 88 to 2.

-HB 1623, by Rep. Bobby Cleveland and Sen. Rob Standridge, prohibits school district personnel from using corporal punishment on students with disabilities unless addressed in an annual IEP. The bill passed by a vote of 89 to 0.

-HB 1680, by Rep. Harold Wright and Sen. Anthony Sykes, requires the Department of Corrections to give notice of the date projected date of release of the inmate to the designated Oklahoma service provider of the Victim Information and Notification Everyday service within 60 days but not less than seven prior to the release date. The bill requires opinions of the Oklahoma Court of the Criminal Appeals designated for publication to be published on the Oklahoma State Courts Network website. The bill passed by a vote of 87 to 0.

Tuesday, March 7, 2017

• The Senate spent its first full day on the floor Tuesday with nearly 40 bills on the agenda, and passed the majority of them, including:

-SB 160, by Sen. Bill Brown and Rep. Lewis Moore, prohibits the owner of a vessel from being liable for any injury or damage occasioned by the negligent operation of the vessel if the owner is engaged in the business of renting vessels, the owner has insurance, the injury or damage occurred during a period of rental or lease and there is no negligence on the part of the owner. The bill passed 45 to 0.

-SB 206, by Sen. Kay Floyd and Rep. Dustin Roberts, creates the Task Force on Merit Protection to study and evaluate the feasibility and efficacy of transferring the oversight of the Merit Protection Commission to the Administrative Office of the Courts until December 31, 2018. It states the purpose of the task force in addition to its duties. It provides for task force membership and travel reimbursement. It prohibits compensation for membership. It requires staff support be provided by the Governor's office and both houses of the Legislature. The bill requires the task force to submit a report of its findings and recommendations by November 1, 2018, to the Governor, the Senate President Pro Tempore of the Senate and the House Speaker. The bill passed 45 to 0.

-SB 218, with title and emergency clause restored, by Sen. A J Griffin and Rep. Tim Downing, specifies a 3 percent fee amount, not exceeding $10, for each child support payment received per month. The bill and its emergency clause passed 43 to 0.

-SB 228, by Sen. A J Griffin and Rep. Mark Lawson, removes the requirement that the Office of Juvenile Affairs implement programs for establishment and continued operation of community intervention centers and instead directs OJA to certify community intervention centers that are established by one or more municipalities or one or more counties or juvenile bureaus pursuant to rules promulgated by the agency. The bill allows a municipality, county or juvenile bureau to enter into contracts or subcontracts with one or more service providers. It further requires OJA to notify a juvenile detention facility at least five days prior to a child's 18th birthday that he or she will be remaining in the facility pending placement if the child in custody pending placement is court ordered to remain in custody until he or she reaches 19 years of age. The bill recognizes the OJA Board of Directors as the agency's governing body. The bill passed 43 to 0.

-SB 254, by Sen. Adam Pugh and Rep. Harold Wright, directs the Aeronautics Commission to administer an airport inspection program for all public-use airports within the State of Oklahoma. It requires the inspection program to occur on a three-year cycle and requires it to be administered by the Oklahoma Aeronautics Commission. The bill also requires airport owners including individuals and municipalities to provide access to airport facilities for conducting the inspections. The bill directs the Commission to provide a written report to each public-use airport detailing the findings of such inspections. The bill passed 43 to 0.

-SB 510, with title restored, by Sen. Roland Pederson, requires any unexpected balance contained in the Oklahoma Sorghum Resources Fund as of November 1, 2017, to be transferred and deposited into the General Revenue Fund. It repeals language related to the Oklahoma Sorghum Resources Act. The bill passed 42 to 0.

-SB 525, by Sen. James Leewright and Rep. Michael Rogers, prohibits any person to be permitted to maintain an office for conducting a bail bond business where persons disqualified are present, except as necessary for such persons to obtain a personal bail bond. It clarifies that the marriage or cohabitation of a bail bond licensee or license applicant with a disqualified person does not constitute the receipt of benefits from the execution of a bail bond. In such circumstances, the receipt of benefits from the execution of a bail bond be subject to a factual determination by the Insurance Commissioner. It requires a bondsman to provide notice to the court clerk in writing of any change in residence or business address within five business days after a change as a matter of licensure. It requires law enforcement to post the list of bondsmen described therein conspicuously near all telephones used by prisoners. It requires the list be updated and distributed to law enforcement by the court clerk at least monthly, provided there has been a change to the list. The bill passed 41 to 0.

-SB 208, by Sen. Kay Floyd and Rep. Cyndi Munson, creates the Sexual Assault Victims' Right to Information Act. The bill defines applicable terms. It establishes certain rights for victims of sexual assault. Three amendments to the bill were adopted. The first amendment to the bill removes confidentiality requirements for law enforcement interviews. The bill's second amendment adds medications required by a health care professional because of the sexual assault to the list of things for which a victim will not be charged. It removes a reference to payments by the Crime Victims Compensation Board to eliminate confusion. The third amendment removes language that requires law enforcement agencies to provide a free, complete copy of all law enforcement reports concerning the sexual assault at the conclusion of the criminal case. The bill passed 43 to 0.

-SB 39, with title restored, by Sen. Roger Thompson and Rep. Kevin Wallace, increases the fingerprinting fee to $10 from $5. The measure passed 29 to 14 and will now move to the House for consideration.

-SB 17, by Sen. Kevin Matthews and Rep. Monroe Nichols IV, creates a revolving fund for the
Oklahoma Historical Society to be designated the "1921 Tulsa Race Riot Centennial Memorial Revolving Fund" for the purpose of commemoration of the centennial of the 1921 Tulsa Race Riot. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. It requires any funds in the It requires any money in the 1921 Tulsa Race Riot Memorial of Reconciliation Revolving Fund be transferred to the fund. It repeals language related to the 1921 Tulsa Race Riot Memorial of Reconciliation Design Committee and memorial. The bill passed 43 to 0.

-SB 45, by Sen. Ron Sharp and Rep. Tammy West, authorizes the State Department of Education to directly contract with educators who are current or retired employees of Oklahoma public school districts, for services to assist the department as necessary when such services require the expertise and qualifications of an Oklahoma certified educator. The bill exempts the contracts from the competitive bidding requirements of the Oklahoma Central Purchasing Act and from being included in the calculation of the educator's salary for purposes of meeting the district or statutory minimum salary schedule or for purposes of calculating Teachers' Retirement System of Oklahoma contributions or benefits. The bill and its emergency clause passed 40 to 0.

-SB 47, by Sen. Chris Kidd and Rep. Jeff Coody, establishes Aug. 19 of each year as “Oklahoma Aviation and Aerospace Day" in Oklahoma and requests all citizens to devote some portion of the day to commemorate the achievements of Oklahoma in aviation and aerospace and recognize the inspiration that aviation and aerospace have provided to the citizens of the state. The bill passed 39 to 1.

-SB 48, by Sen. Nathan Dahm and Rep. Sean Roberts, updates language and statutory references related to the Commission on County Government Personnel Education and Training. It also removes references to microfilming and requires reproduction and storage of records be done using any generally accepted current technology which will ensure safe documentation and accessibility of public records. It also requires reports of audits of county records to be posted on the county website and the State Auditor and Inspector's website in addition to the notice published in the newspaper. The bill and its emergency clause passed 42 to 0.

-SB 114, with title restored, by Sen. Ron Sharp and Rep. Scott Biggs, modifies language related to the allocation of funds to the District Court Revolving Fund. The bill specifies that the monies are allocated by the Supreme Court for the administration of the district courts and that monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Supreme Court as necessary to perform the duties imposed upon the district courts by law. The bill passed 39 to 0.

-SB 153, by Sen. Eddie Fields and Rep. Randy McDaniel, removes the requirement monies collected that from entrance or day-use charges at state parks be used for capital improvements. The bill passed 42 to 3.

-SB 144, by Sen. Jason Smalley, broadens eligibility for the Physician Manpower Training Commission, now accounting for physician assistants and nurse practitioners. It eliminates outdated language. It requires the Commission to promulgate rules. The bill passed 40 to 5.

-SB 273, by Sen. Jason Smalley and Rep. Scott Biggs, modifies the law to include persons like a subcontractor or employee of a subcontractor of the contractor of a state or federal government, a county, a municipality or a political subdivision of this state to the definitions of forcible sodomy, rape and sexual battery. The bill and its emergency clause passed 44 to 0.

-SB 298, by Sen. Roger Thompson and Rep. Earl Sears, repeals language related to a requirement of the Tax Commission to provide informational publications to various motor vehicle commissions. The bill passed 40 to 0.

-SB 374, by Sen. Eddie Fields and Rep. John Pfeiffer, provides requirements to determine the established date of operation for agricultural activities. It permits the defendant in any action in which agricultural activities are alleged to be a nuisance that is determined to be malicious to recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred in connection with defending the action, together with reasonable attorney fees. The bill passed 44 to 0.

• The House met on Tuesday and approved several bills, including the following:

-HB 1114, by Rep. Michael Rogers and Sen. Jason Smalley, increases the minimum salary schedule for teachers and provides a $1,000 pay raise during the 2017-18 school year, another $2,000 raise during the 2018-19 school year and a $3,000 raise during the 2019-20 school year. The bill specifies who is eligible and what counts toward a teacher's years of service. The measure, which members of the House have called the 1, 2, 3 plan would offer a $6,000 increase to the minimum salary schedule over three years. The bill and its emergency clause passed by a vote of 92 to 7.

-HB 2306, by Rep. Charles McCall and Sen. Jason Smalley, adds a $25 fee for issuing a subpoena for each person and a $25 fee for issuing a subpoena for each person. The bill passed 51 to 42, though its emergency clause failed 65 to 31.

-HB 1003, by Rep. Jason Murphey and Sen. Nathan Dahm, repeals language regarding common carriers that requires the carrier of messages for reward must deliver them at any place to which they are addressed, or to the persons for whom they are intended and to use great care and diligence in the transmission and delivery of messages, particularly carriers by telegraph. It also repeals language making the use of a telegraph for betting a crime and the associated penalty. The bill passed 97 to 1.

-HB 1259, by Rep. Mike Sanders and Sen. Jason Smalley, requires all persons seeking election to hold the office of the county sheriff to also be a current certified peace officer in good standing and removes the population threshold. The bill passed 77 to 16.

-HB1280, by Rep. Kevin Wallace and Sen. James Leewright, establishes powers of the Constructions Industries Board. It requires all contracts approved to be subject to the Open Meeting Act. The bill allows funds in certain revolving funds to be transferred to a separate Skilled Trade Education and Workforce Development Fund. The bill passed 92 to 0.

-HB 1429, by Rep. Kyle Hilbert and Sen. James Leewright, requires an individual to notify an organization in writing before filing civil action relating to websites not conforming to law, codes and standards for the visually or hearing impaired. It requires the court to dismiss action against the organization if the defendant corrects the alleged website defect. It allows for extension of time if the defendant has made a reasonable effort to correct the defect. The bill passed 80 to 13.

-HB 1519, by Rep. Josh Cockroft and Sen. Jason Smalley, creates the Oklahoma Homebuyers Savings Account Act and allows any individual to open an account with a financial institution and designate the account, in its entirety, as a homebuyer savings account to be used to pay or reimburse a qualified beneficiary's eligible costs for the purchase of a single-family residence in Oklahoma. It requires an account holder to designate a homebuyer as the qualified beneficiary of the homebuyer savings account no later than April 15 of the year following the tax year during which the account is established. It allows an account holder may designate themselves as the qualified beneficiary and change the designated qualified beneficiary at any time. It allows an individual to jointly own a homebuyer savings account with another person if the joint account holders file a joint income tax return. The bill passed 92 to 0.

-HB 1790, by Rep. Edward Cannaday and Sen. Dewayne Pemberton, allows each school district in this state to offer a remediation course for high school students who score below a 19 on the American College Testing (ACT) exam. The bill passed 93 to 0.

-HB 1819, by Rep. Chris Kannady and Sen. Stephanie Bice, provides coverage and benefits for prescription eye drops under specified conditions. The bill defines terms. The bill passed 92 to 0.

-HB 1833, by Rep. Mike Sanders and Sen. A J Griffin, dedicates a portion of the Insurance Premium Tax to the State Fire Marshal's Office, making it a non-appropriated agency. It also transfers, the duties, responsibilities and equipment of the Oklahoma Council on Firefighter Training and transfers its duties and equipment to the State Fire Marshal. It creates an advisory committee. The bill and its emergency clause passed 86 to 1.

-HB 1837, by Rep. Leslie Osborn and Sen. Kimberly David, directs a portion of net proceeds from the Oklahoma Lottery put in a revolving fund designated lockbox administered by the State Department of Education for yearly grant applications from all public and charter schools in the state. It allows public and charter schools to apply for a grant from the certified dollar amount the revolving fund received from the last 12 months divided by the number of public and charter school students in the state and then prorated to the number of students in the applying school. It requires that dollars be granted when approved from the lockbox revolving fund for creative dollars to the classroom, not the formula, not administration, and not salaries. The bill requires the Oklahoma Lottery Commission submit a written report of its findings and any recommendations regarding the impact of having the net proceeds minimum requirement set at a fixed dollar amount. It requires the annual report be submitted to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate. The bill passed 70 to 25.

-HB 1844, by Rep. Leslie Osborn and Sen. Eddie Fields, modifies the fees for all operators of
non-coal mining operations to be paid to the Department of Mines. The bill passed on a vote of 62 to 33.

-HB 1282, by Rep. Kevin Wallace and Sen. Dan Newberry, includes professional structural engineer to the list of professions in which the practice without regulation in the public interest is prohibited. It defines and modifies terms. The measure expands the duties of the State Board of Licensure for Professional Engineers and Land Surveyors. The bill requires certain engineers to submit an application and fees for Board consideration as evidence that the applicant is qualified to use certain titles. The bill requires the individuals to have proof of structural engineering experience and education. It sets minimum requirements for individuals to use certain engineering titles and modifies qualifications for licensure. It passed on a vote of 90 to 0.

-HB 1694, by Rep. Scott Martin and Sen. Gary Stanislawski, modifies provision of information to be included in the personal financial literacy education course taught in public schools. It requires the course to be taught during grades seven through 12 before the 2019-2020 school year and from grade nine to 12 thereafter. The bill passed on a vote of 88 to 10. The bill's emergency clause also passed on a vote of 82 to 11.

-HB 1755, by Rep. Katie Henke and Sen. Jason Smalley, modifies the requirement for evaluation of out-of-country teacher certifications. It removes the requirement that they be analyzed by an educational credential evaluation service approved by the National Association of Credential Evaluation Services (NACES) and requires that they be analyzed by an educational credential evaluation service in accordance with industry standards and guidelines and approved by the State Department of Education. The bill and its emergency passed on a vote of 96-1.

-HB 2008, by Rep. Charles McCall and Sen. Gary Stanislawski, creates the Dyslexia and
Education Task Force for the purpose of creating a dyslexia handbook that will provide guidance for schools, students and parents in identification, intervention and support of students with dyslexia through accommodations and assistive technology. The bill establishes membership and meeting requirements. It requires the Task Force to study how to effectively identify students with dyslexia and make recommendations for appropriate interventions. The bill passed on a vote of 96 to 0.

-HB 2159, by Rep. Jadine Nollan and Sen. Dave Rader, allows the court clerk to request
that the Oklahoma Tax Commission cancel the registration of a vehicle driven by a defendant who does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment. The bill passed on a vote of 80 to 16.

-HB 2178, by Rep. Charles Ortega and Sen. Gary Stanislawski, allows private schools to charge service fees in relation to the surcharge for the use of credit or debit cards. The bill passed on a vote of 69 to 18.

• On Tuesday, Governor Mary Fallin signed HJR 1028 to approve the assessment and accountability report recommendations required by House Bill 3218, which was passed and signed into law last year. The key components of the report include recommendations for new assessments for grades 3-8 and for high school students as required by the federal government, as well as a study of an enhanced accountability system. In addition, the report contained recommendations on graduation requirements, and remediation and interventions.


Wednesday, March 8, 2017

• The House met on Wednesday and approved several bills, including the following:

-HB 1306, by Rep. Casey Murdock and Sen. James Leewright, creates the Blue Lives Matter in
Oklahoma Act of 2017. It requires a person convicted of or pleads guilty or nolo contendere to the murder of a law enforcement officer to be punished by death or by life without parole and absent an overwhelming amount of mitigating evidence not be entitled to or afforded the benefit of receiving imprisonment for life or deferment of the sentence. The bill passed 73 to 21.

-HB 1108, by Rep. Bobby Cleveland and Sen. Ron Sharp, replaces all references to the Association of County Commissioners of Oklahoma to the Oklahoma Cooperative Circuit Engineering Districts Board when relating to the Department of Transportation County Advisory Board. The bill passed on a vote of 74 to 17.

-HB 1149, by Rep. Steven Vaughan and Sen. Mark Allen, as amended, creates the Roads and Bridges Enhancements Act of 2017. The bill designates various memorial roads and bridges in Oklahoma. The seven amendments included additional designations. The bill passed on a vote of 95 to 0.

-HB 1206, by Rep. Dennis Ray Casey and Sen. Dewayne Pemberton, allows a special education teacher who has not completed an Oklahoma Commission for Teacher Preparation approved education program in elementary education or early childhood but who has completed the subject area portion of the exam to be certified in special education settings only. The bill passed on a vote of 92 to 0.

-HB 1579, by Rep. Chad Caldwell and Sen. Stephanie Bice, requires the Department of Public Safety to cooperate in accordance with federal and state law with the Health Care Authority to establish procedures for the secure electronic transfer of an applicant's individual identification data to the Authority.

-HB2186, by Rep. Cory T. Williams and Sen. David Holt, modifies the definition of "motion picture theater" as it relates to the sale of low-point beer. It eliminates beer and wine licensing prohibitions related to motion picture theaters. It allows a retail license or permit to sell-low point beer to be issued to motion picture theaters and repeals language related to low-point beer sales in motion picture theaters. The amendment strikes a sentence prohibiting theaters from selling alcohol. The bill passed on a vote of 60 to 36.

• The Senate had a lengthy floor session on Wednesday, hearing several bills and passing the following:

-SB 40, by Sen. Micheal Bergstrom and Rep. Bobby Cleveland, permits the pointing of a shotgun, rifle or pistol, or any deadly weapon for acts of self-defense. It also permits armed security guards or armed private investigators licensed by the Council on Law Enforcement Education and Training under the Oklahoma Security Guard and Private Investigator Act and in the performance of their duties to point a shotgun, rifle or pistol, or any deadly weapon. The bill passed 36 to 5.

-SB 23, as amended, by Sen. Mark Allen and Rep. Steven Vaughan, reduces the maximum number of persons to be carried in a taxicab from 10 to eight. The amendment exempts ride sharing services from the definition. The bill passed 30 to 8.

-SB 36, by Sen. Kim David and Rep. Bobby Cleveland, adds the definition of the term "handgun" to the Firearms Act. The bill passed 38 to 0.

-SB 43, by Sen. James Leewright and Rep. John Jordan, removes language that permits college, university or technology center school to notify the Oklahoma State Bureau of Investigation within 10 days of a person with written permission to carry a concealed weapon on campus violates the terms of that permission. It removes the requirement that the bureau to hold a hearing regarding the alleged violation, notices requirements regarding the hearing and possible punishment. The bill passed 35 to 5.

-SB 75, by Sen. Wayne Shaw and Rep. Josh West, expands the scenic river designation on the Illinois River in Delaware and Cherokee counties to be above the Horseshoe Bend Public Use Area Boat Ramp of Tenkiller Ferry Lake instead of above its confluence with the Barren Fork Creek. The bill passed 25 to 17.

-SB 148, by Sen. Eddie Fields and Rep. Todd Russ, requires that a qualified elector applying for issuance or renewal of an Oklahoma driver license be provided voter registration services as required by the National Voter Registration Act. It requires a change of address for an Oklahoma driver license or state identification card submitted by a registered voter also serve as a change of address for voter registration purposes if the new address is within the same county where the
voter is registered to vote. The bill requires the voter to be sent a notice and application with instructions for registering to vote at the new address if the new address is outside the county where the voter is currently registered to vote. It prohibits a change of address for an Oklahoma driver license or state identification card from being used to update a voter registration address if the registrant states in writing that the change of address is not for voter registration purposes. It requires the Secretary of the State Election Board to promulgate rules and procedures. The bill and its emergency clause passed 34 to 9.

-SB 189, by Sen. Kay Floyd and Rep. Claudia Griffith, exempts from sales tax sales of tangible personal property or services to an organization exempt from taxation under the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and operates as a collaborative model which connects community agencies in one location to serve individuals and families affected by violence and where victims have access to services and advocacy at no cost to the victim. The bill passed 42 to 0.

-SB 287, by Sen. A J Griffin and Rep. Weldon Watson, authorizes the Corporation Commission and the Department of Environmental Quality to obtain authorization from the Environmental Protection Agency (EPA) to administer, within their respective jurisdictions, any and all programs regulating oil and gas discharges into the waters of this state. It modifies jurisdiction to the Commission and EPA. The bill passed 33 to 8.

-SB 347, by Sen. Eddie Fields and Rep. Todd Russ, modifies the days and hours in which registered voters may apply for in-person absentee ballots. The bill passed 42 to 0.

-SB 426, by Sen. James Leewright and Rep. John Pfeiffer, assesses a $5 used tire recycling fee at the time a motor vehicle is registered. It assesses a $3 used tire recycling fee at the time a semitrailer is registered. The bill assesses a $2.50 per tire recycling fee for tires used on implements of agricultural equipment for tires less than 19.5 inches in rim diameter and $3.50 for tires with greater than 19.5 inches in rim diameter. The bill passed 39 to 3.

-SB 671, by Rep. Bill Brown and Rep. Lewis Moore, permits the Oklahoma Teachers' Retirement System Board of Trustees to terminate its Tax-Sheltered Annuity Program. It establishes procedures for terminating the program. It permits a person who retires pursuant to the provisions of the Teachers' Retirement System of Oklahoma who terminates his or her benefits authorized by the provisions of the Oklahoma Employees Insurance and Benefits Act and elects to receive, through a spouse, benefits authorized by the act to re-apply for benefits regardless of the time limitations after the spouse dies or retires. The bill passed 42 to 0.

-SB749, with title restored, by Sen. Anastasia Pittman, Sen. Kevin Matthews, and Rep. Monroe Nichols IV, creates the Urban Gardens Grant Act to be administered by the Department of
Agriculture, Food and Forestry. The bill defines applicable terms. It creates the Urban Gardens Grant Revolving Fund that will consist of all monies received by the State Board of Agriculture from state-appropriated funds, federal funds, donations, grants and contributions from any public or private source. It permits the State Board of Agriculture to promulgate rules and adopt eligibility guidelines necessary to enforce and administer the Urban Gardens Grant Act, including an application process for grants. It requires entities that receive grants to be located in food deserts and serve residents of the community in which they are located. It also requires the applicants to show that an awarded grant will expand and stimulate economic activity in the low income areas served, as well as provide increased opportunities for the citizens of those low income areas to obtain healthier food options. It requires one-time grants of $250,000 be provided to entities for the purchase of greenhouses and other materials to establish and operate an urban garden. It provides entities eligible to apply for the grants are nonprofit community organizations, churches, or other nonprofit organizations. It requires the urban gardens to grow healthy foods that are to be sold on site or at farmer's markets, produce stands and retailers located within the same community. The bill passed 36 to 6.

-SB 757, with title restored, by Sen. Darcy Jech and Rep. Harold Wright, requires beginning with the quarter ending September 30, 2018, and at least annually thereafter, each hospital, general medical surgical hospital, specialized hospital, critical access hospital and emergency hospital to provide to the State Department of Health, utilizing electronic health records software, information on the one hundred most common medical procedures and the fifty most common imaging procedures, by volume, along with the related CPT and HCPCS codes and to provide to the Department, utilizing electronic health records software, the average dollar amount the hospital or
ambulatory surgical center bills to private insurers for each procedure and the average amount the hospital or ambulatory surgical center receives in reimbursement from private insurers for each procedure specified in statute. It requires hospitals and ambulatory surgical centers to provide the information in writing to an individual or the individual's legal guardian upon request. It requires hospitals and ambulatory surgical centers to inform patients of their right to obtain the information at the earliest reasonable and practicable time after being admitted to the hospital or ambulatory surgical center. It establishes that providing the information required will not be construed as an invoice, contract or any other contractual agreement between the facility providing the information and the individual receiving the information. It requires the State Board of Health to promulgate necessary rules. The bill passed 34 to 8.

-SB 17, by Sen. Kevin Matthews and Rep. Monroe Nichols IV, creates a revolving fund for the Oklahoma Historical Society to be designated the "1921 Tulsa Race Riot Centennial Memorial Revolving Fund" for the purpose of commemoration of the centennial of the 1921 Tulsa Race Riot. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. It requires any funds in the It requires any money in the 1921 Tulsa Race Riot Memorial of Reconciliation Revolving Fund be transferred to the fund. It repeals language related to the 1921 Tulsa Race Riot Memorial of Reconciliation Design Committee and memorial. The bill was approved 39 to 0.

• The House passed the following measures on Wednesday:

-HB 1449, as amended, by Rep. Dustin Roberts and Sen. Stephanie Bice, levies a Motor Fuels Tax Fee of $100 for electric-drive motor vehicles and $30 for hybrid-drive motor vehicles to be paid to the Oklahoma Tax Commission. It requires eighty percent collected be deposited in the State Treasury to the credit of the State Highway Construction and Maintenance Fund and the remaining 20 percent be distributed to the various counties of the state into the County Bridge and Road Improvement Fund. It requires that the formula for said distribution be similar to that currently in use but to also take account of the terrain and traffic volume as related to county road improvement and maintenance costs. It defines terms used therein. It directs the money from apportionment off the top funding back into the General Revenue for appropriation. The bill passed by a vote of 51 to 44.

-HB 1376, by Rep. Weldon Watson and Sen. Bryce Marlatt, relates to the Oklahoma Underground Facilities Damage Prevention Act. It modifies the definition of the term "public agency." It requires a person, rather than an excavator, who causes damage to an underground facility or its protective covering to notify the operator of the underground facility. The bill passed 69 to 23.

-HB 1506, by Rep. Chuck Strohm and Sen. Gary Stanislawski, allows school districts to store all student records in either a single or multiple file formats and include all academic and extracurricular honors and awards received, all degrees conferred and extracurricular or after-school activities. The bill and its emergency clause passed by a vote of 89 to 0.

-HB 1668, by Rep. Todd Thomsen and Sen. Dave Rader, deletes language requiring high schools advise students who participate in any athletic program in writing the effect of receiving money or other things of value on the future eligibility of the student to participate in the intercollegiate athletics. The bill passed 78 to 12 and its emergency clause passed 69 to 21.

-HB 1759, by Rep. Katie Henke, exempts from the prohibition on dual office holding someone who holds a county office and serves as a reserve force deputy sheriff, or a reserve special agent with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or a reserve municipal police officer. The bill and its emergency clause passed 93 to 0.

Thursday, March 9, 2017

• The Senate met on Thursday and approved several bills before adjourning for the weekend.

-FS for SB 593, by Senate President Pro Tempore Mike Schulz, modifies the requirements for the notification of intent to build a wind energy facility. The bill specifies the terms of terms of notification and adds a requirement for an affidavit in certain situations. The floor substitute removes language that prohibited the development of wind energy facilities within 1 ½ miles of land where an application had been submitted to the Federal Aviation Administration (FAA) for the development of a private airstrip or airport, which would make Oklahoma's law consistent with that of other states that required the airstrip to be developed and the FAA to impose its "navigable airspace" restrictions. The bill passed 36 to 8 with its title restored. It now moves to the House.

-SB 12, by Sen. Josh Brecheen and Rep. Forrest Bennett, permits private K-12 schools to establish police departments under the Oklahoma Campus Security Act. The bill passed 43 to 2.

-SB 60, with title restored, by Sen. Stephanie Bice, removes the requirement that the Tax Commission issue decals that contain two-letter county abbreviations for all-terrain vehicles, utility vehicles and motorcycles used exclusively off roads and highways. The bill requires the commission to distribute all decals containing a two-letter abbreviation before beginning to distribute those that do not. It removes outdated language concerning motor vehicle tags. The bill passed 45 to 0.

-SB 191, by Sen. Roger Thompson and Rep. David Brumbaugh, requires a delay in providing access to records under the Open Records Act be limited solely to the time required for preparing the requested documents and the avoidance of excessive disruptions of the public body's essential functions. It provides that a current request for records cannot be unreasonably delayed until after completion of a prior records request that will take substantially longer than the current request. The bill passed 44 to 1.

-SB 387, by Sen. Anthony Sykes, requires a law enforcement agency pay both the salary and training expenses of a person completing the basic state police course in order for the agency to be reimbursed if the individual leaves their agency and joins another law enforcement agency within one year of certification. The bill passed 40 to 0.

-SB 637, as amended, by Sen. Nathan Dahm and Rep. Jason Murphey, creates the Governor's Transparency Act of 2017 and requires all state agencies to publish on its website a report on any memorandums of understanding or agreements within 15 days of the effective date. It establishes information to be included in the report and provides for exceptions. The amendment clarifies that the bill's provisions apply to appropriated state agencies and it requires the information to be distributed to certain legislative committee members. The bill passed 41 to 0.

• The House met on Thursday and approved several bills, including the following:

-HB 2298, by Rep. Charles McCall, modifies the time period by which zero-emission facilities placed in production not later than July 1, 2017, to qualify for tax credits. The bill passed on a vote of 74 to 24 and its emergency on a vote of 69 to 25. The bill now moves to the Senate for its consideration.

-HB 1693, as amended, by Rep. Scott Martin and Sen. Gary Stanislawski, allows the State Department of Education to develop and adopt an alternate system of accountability for statewide virtual charter school and schools serving only prekindergarten through second grade. It establishes a multi-measures approach in accordance with the Elementary and Secondary Education Act of 1965 and establishes guideline. It deletes language relating to prior assessment guidelines. The amendment provides for a medical exemption for chronic absenteeism.

-HJR 1028, by Rep. Michael Rogers and Sen. Gary Stanislawski, approves in whole and without instructions the assessment requirements adopted by the State Board of Education and submitted to the Speaker of the House of Representatives and the President Pro Tempore of the Senate on Feb. 6, 2017. The bill passed by a vote of 76 to 20 and its emergency clause passed 69 to 17.

-HB 1482, by Rep. Scott Biggs and Sen. Gary Stanislawski, as amended, creates the Keep
Oklahoma Children Safe from Illegal Drugs Act of 2017. It allows for individuals found in possession or the purchasing of a controlled substance within 1,000 feet of the real property comprising a day care, public or private elementary or secondary school or public vocational school to be guilty of a felony. It modifies the punishments prescribed therein. The amendment also exempts individuals 18 years or older and enrolled as a full-time student at a public or private secondary school or public vocational school located with the prohibited distance or those found within the prohibited distance at the request or suggestion of an officer for the purposes of a routine traffic stop. The amendment changes locations from original bill and brings punishment down. The bill passed 51 to 38 and its emergency clause passed 68 to 21.


Other News

• Oklahoma Department of Corrections (DOC) Director Joe M. Allbaugh sent letters to 10
county jail administrators this week announcing the cancellation of their contracts with the agency. The move is expected to save the DOC an estimated $775,000 by the end of the fiscal year. Counties included are: Choctaw, Comanche, Cotton, Craig, Jefferson, Le Flore, Nowata, Okmulgee, Roger Mills and Tillman.
The termination of the contracts comes at a time when the department continues to look for ways to close a nearly $3 million budget hole announced at the Feb. 21 Oklahoma Board of Equalization meeting. The department has stopped filling the county jail beds and has started the process of moving the 224 inmates out of the county jails and into DOC facilities. The DOC had contracts with 12 county jails, which housed inmates at $32 per day. The two remaining county jails under contract are Greer and Marshall Counties. The two jails will no longer accept additional inmates and have 18 inmates combined between the two facilities.

• State Treasurer Ken Miller reported this week that February's gross receipts were slightly higher than those in the same month one year ago, making a second month of positive growth following 20 months of contraction. At $759.5 million, total February gross receipts expanded by $1 million or 0.1 percent compared to February of 2016.

Improvements in gross receipts collection are often, but not always, an indication of the direction General Revenue Fund (GRF) collections is headed because of the different levels of total revenue that are apportioned from each tax to the fund. GRF is the primary source of legislative appropriations. The latest report on GRF collections will be made next week by the Office of Management and Enterprise Services.