The Oklahoma Senate


Week In Review
Monday, April 24, to Wednesday, April 27, 2017


Monday, April 24, 2017

• The Senate met Monday afternoon, approving the following legislation:

-HB 1119, by Rep. Randy McDaniel and Sen. Marty Quinn, modifies language related to SIMPLE IRA distributions related to the Oklahoma Police Pension and Retirement System. The bill and its
emergency clause passed 43 to 0.

-HB 1187, by Rep. Avery Frix and Sen. Roger Thompson, prohibits the enacting of any new tax incentive a sunset date of no more than four years after its implementation. The bill passed 43 to 0.

-HB 1201, by Rep. Dennis Ray Casey and Sen. Marty Quinn, modifies information relating to the School District Transparency Act. It deletes the requirement for school districts to provide copies of all credit card statements, identified by the department responsible for each credit card. The bill passed 44 to 0.

-HB 1259, by Rep. Mike Sanders and Sen. Jason Smalley, modifies the requirements for individuals seeking election to hold the office of the county sheriff. It requires the person to have served as a duly certified peace officer in a full-time capacity for a period of four years or more prior to the date of filing for the office. It defines the term "peace officer." The bill passed 33 to 10.

-HB 1263, by Rep. Matt Meredith and Sen. Dewayne Pemberton, allows certified reserve peace officers to be eligible for full-time training academy if they have completed the 240-hour reserve peace officer certification program and is hired by a law enforcement agency as a full-time peace or police officer. The bill passed 44 to 0.

-HB 1427, with title restored, by Rep. Kyle Hilbert and Sen. James Leewright, creates the Out-of-State Tax Collections Enforcement Act of 2017. It allows the Tax Commission to establish and maintain a vision to be known as the Out-of-State Tax Collections Enforcement Division. It allows the commission to contract with out-of-state, private auditors or audit firms and require any person performing an audit to be first approved by the Commission. It allows the Commission to employ full-time, unclassified, out-of-state tax auditors or full-time-equivalent contracted auditors to staff the Division for specific purposes. It requires the Commission to the submit an annual report to the Governor, President Pro Tempore and the Speaker listing the number of individuals, firms and corporations audited, the types of taxes audited, the amount of taxes assessed and the amount of taxes collected as the result of such audits. The bill passed 30 to 14.

-HB 1431, with title restored, by Rep. Kyle Hilbert and Sen. Roland Pederson, modifies language relating to the Oklahoma Sorghum Resources Act. It updates references to the Oklahoma Department of Agriculture, Food and Forestry. It deletes references to initial election of the Oklahoma Sorghum Commission. The measure directs the Agricultural Extension of Oklahoma State University to designate referendum locations. The bill passed 39 to 5.

-HB 1468, by Rep. Carol Bush and Sen. David Holt, creates the Hidden Predator Act. The bill modifies the time limitations for prosecuting criminal offenses for sexual crimes against children. The bill modifies the definition of discovery and provides that any person who knowingly and willfully makes a false claim that the person knows lacks factual foundation may be reported to local law enforcement for criminal investigation and, upon conviction, will be guilty of a felony. It adds that if the defendant is acquitted, the costs, including the fees of all witnesses whom the trial judge certified to have been proper for the defense and prosecution, will be paid by the prosecuting witness, whenever the trial judge is of the opinion that there were no reasonable grounds for the prosecution or that the prosecution was not required in the interests of the public. It re-imposes the statute of limitations for prosecuting criminal offenses for sexual crimes against adults. The bill passed 44 to 0.

-HB 1470, by Rep. Carol Bush and Sen. David Holt, removes the time limitations for civil actions based on childhood sexual abuse incidents and allows an action to commence by the forty-fifth birthday of the alleged victim. The bill establishes a new time limitation for civil actions and removes language related to evidentiary and discovery requirements. The bill adds that any party bringing an action against an individual in which the defendant is ultimately found not liable for the complaint will be subject to treble damages if and when the defendant pursues a counterclaim and receives a compensatory or punitive judgment. It requires damages against legal entities to be awarded only if there is a finding of gross negligence on the part of the legal entity. The bill passed 44 to 0.

-HB 1534, by Rep. John Montgomery and Sen. James Leewright, creates the Oklahoma Public and Private Facilities and Infrastructure Act, due to a need for public infrastructure and government facilities in this state that serve a public need and purpose. The bill provides for the purpose of the Act. The bill defines terms. The bill requires a contracting entity to obtain the approval of and contract with the responsible governmental entity under the Act in order to develop or operate a qualifying project. The bill provides for procedure and requirements for proposals of qualifying projects. The bill provides for the approval process and authorizes governmental organization to enter into contracts. The bill specifies duties of the contract and specifies funding mechanisms. The bill provides for public access to records. The bill passed 29 to 15.

-HB 1553, by Rep. George Faught and Sen. Anthony Sykes, requires approval by joint resolution of any proposed rule that increases fees, provided the resolution becomes law in accordance with Section 11 of Article VI of the Oklahoma Constitution. It provides the rule will be deemed disapproved if the Legislature fails to approve the rule on or before the last day of the legislative session. It exempts any proposed rule that modifies the scope of practice from the other procedures governing legislative approval of administrative rules. The bill passed 44 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. The bill passed 38 to 6.

-HB 1670, with title restored, by Rep. Todd Thomsen and Sen. Greg McCortney, increases the fee amount to be paid to the court for traffic offenses from $9 to $10, which would go to the Council on Law Enforcement Education and Training (CLEET). The bill passed 26 to 17.

-HB 2232, by Rep. Glen Mulready and Sen. Dan Newberry, requires that any audio or video recordings from recording equipment attached to the person of a law enforcement officer that depict anything other than an officer-involved shooting, use of lethal force and incidents involving medical treatment be kept at a minimum of one year upon request of the district attorney or a written application. The bill passed 34 to 12.

-HB 2251, by the late Rep. David Brumbaugh and Sen. Marty Quinn, authorizes county purchasing agents to solicit bid proposals by email. The bill passed 45 to 0.

-FS for HB 1623, by Rep. Bobby Cleveland and Sen. Rob Standridge, prohibits school district personnel from using corporal punishment on students who are mentally handicapped or physically handicapped unless addressed in an annual individualized education program (IEP) developed in accordance with the Individuals with Disabilities Education Act (IDEA).

-HB 1478, by Rep. George Young and Sen. Kevin Matthews, prohibits the forwarding of the name of an individual filing a complaint with the Attorney General's Office of Civil Rights Enforcement on reports submitted. It allows the Attorney General to allow for electronic submission of the complaint, contact the complainant if form is incomplete, provide a form in Spanish and create a toll-free number to the Office of Civil Rights Enforcement.

• The House met Monday and approved the following measures:

-SB 153, by Sen. Eddie Fields and Rep. Randy McDaniel, removes the requirement monies collected from entrance or day-use charges at state parks be used for capital improvements. The bill passed 85 to 8.

-SB 206, by Sen. Kay Floyd and Rep. Dustin Roberts, creates the Task Force on Merit Protection until Dec. 31, 2017 to study and evaluate the feasibility and efficacy of transferring the oversight of the Merit Protection Commission. 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 Nov. 1, 2017, to the Governor, the Senate President Pro Tempore of the Senate and the House Speaker. The bill passed 69 to 17.

-SB 235, by Sen. Roger Thompson and Rep. John Pfeiffer, provides a sales tax exemption on sales of tangible personal property or services to any person who has entered a contract with the Department of Tourism and Recreation to assist the agency in the development and production of advertising, promotion, publicity and public relations programs when the purchase is necessary for carrying out the contract. The bill and its emergency clause passed 93 to 0.

-SB 423, by Sen. Marty Quinn and Rep. Randy McDaniel, modifies the number of days of employment an eligible employee has to choose an alternate retirement plan from 90 days to 30 days. It modifies the number of days of employment an eligible employee has to choose an alternate retirement plan from 90 days to 30 days. The bill passed 82 to 8.

-SB 604, by Sen. Greg Treat and Rep. Terry O'Donnell, expands provisions of CLEET courses relating to domestic violence and stalking to include information on personal safety planning necessary at the pretrial stages of a potential criminal case. The bill passed 90 to 0.

-SB 650, by Sen. Wayne Shaw and Rep. Ben Loring, modifies availability for persons authorized to file a motion for expungement by minimizing time limits for those convicted of a nonviolent felony offense from in the last 15 years to seven. It allows the petition to be made five years after the felony conviction has passed. It modifies the time period for those convicted of violent crimes from 20 years to 10 years after the conviction has passed. The bill passed 71 to 17.

-SB 823, with enacting clause stricken, by Sen. Adam Pugh and Rep. Ryan Martinez, broadens criteria for a distressed individual. The bill passed 70 to 19.

-SB 244, as amended, by Sen. Gary Stanislawski and Rep. John Paul Jordan, requires each virtual charter school to keep a full and complete record of the attendance of all students enrolled in the virtual charter school. It requires the governing body of each virtual charter school to adopt by July 1, 2017, an attendance policy. The bill specifies the requirements of the attendance policy. It defines "instructional activities." It requires the virtual charter school to submit a report to the parent or legal guardian of a student who has accumulated 10 absences. It requires each virtual charter school to develop and adopt a policy regarding failure to participate in instructional activities and sets minimum requirements for the policy. It requires the Statewide Virtual Charter School Board to promulgate necessary rules. It requires the State Department of Education to establish Regional Education Administrative Districts (READs) that will provide shared administrative services to school districts that choose to participate. The amendment removes language requiring virtual charter schools to develop a personal learning plan for each student. The bill passed by a vote of 63 to 28.

-SB 245, by Sen. Nathan Dahm and Rep. John Paul Jordan, requires a virtual charter school approved and sponsored by the Statewide Virtual Charter School Board to maintain a quorum of board members for the entire duration of a board meeting whether using an in-person site, videoconference sites or any combination of such sites to achieve a quorum. The bill and its emergency clause passed by a vote of 82 to 3.

• Gov. Mary Fallin signed 42 bills Monday afternoon, including the following:

-SB 115, by Sen. Ron Sharp and Rep. Lewis Moore, requires the Department of Public Safety (DPS) to transfer its online verification system for motor vehicle liability policies as required by the Compulsory Insurance Law to the Oklahoma Insurance Department by Jan. 1, 2018. It makes DPS, OID and the Oklahoma Tax Commission responsible for the system's ongoing improvement and maintenance. It gives district attorneys access to the system. It permits the Insurance Commissioner to initiate an administrative proceeding against any insurance company found by the commissioner to not be in compliance with the Compulsory Insurance Law. The bill permits a licensed insurance producer or customer service representative to certify the existence of the required insurance prior to processing any application for motor vehicle registration. It requires every motor license agent or other registering agent to allow submission of proof from a licensed insurance producer or customer service representative via electronic mail at no additional cost to the person registering the vehicle. The bill takes effect November 1, 2017.

-HB 2332, by Rep. Jeff Coody and Sen. Marty Quinn, transfers the online compulsory insurance verification system from the Department of Public Safety to the Oklahoma Insurance Department. It requires the Insurance Department to promulgate necessary rules. It grants district attorneys access to the system. It permits the Insurance Commissioner to initiate an administrative proceeding against any insurance company found not be in compliance with the provisions of the act or rule promulgated by the department. Speaking on the House version of the bill during its consideration by the Senate Retirement and Insurance Committee, Deputy Insurance Commissioner Buddy Combs said the Insurance Department was better positioned to manage the system than the Department of Public Safety.

-HB 1162, by Rep. Randy McDaniel and Sen. Gary Stanislawski, creates the Pension Protection Act. The bill increases the vesting schedule from five years to seven years for members of the Teachers' Retirement System. The bill takes effect November 1.

-HB 1163, by Rep. Steven Vaughan and Sen. Frank Simpson, modifies the criteria upon which the annual retirement pay provided by the Oklahoma Law Enforcement Retirement System is based to include the top base salary currently paid to the highest nonsupervisory position in the participating agency. It allows the Board of Trustees for the System to waive the requirement that the disability application be filed before the member's date of termination from service if good cause is shown. It prohibits members from being eligible to receive any disability benefit if the member's completed application is filed more than six months after the member's date of termination from service. The bill took effect on the governor's signature.

-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 takes effect November 1.

-HB 1233, by Rep. Mike Osburn and Sen. Adam Pugh, changes the enforcement of violations involving employment agencies from the Department of Labor to any court of competent jurisdiction. The bill repeals sections of law related to relate to duty to report, fees and fines, witnesses and licenses. The bill takes effect November 1.

-HB 1381, by Rep. Carol Bush and Sen. Dave Rader, provides a municipality is not prohibited from requiring the owner of property that is the subject of any abatement process to provide the name, physical address and telephone number of an individual to receive and respond to communications concerning the property subject to the abatement process. It also provides that no future action taken by the municipality will be rendered ineffective due to the failure of the property owner to provide the information. It prohibits the municipality from assessing any additional charge when requiring the information. The bill takes effect November 1.

-HB 1395, by Rep. Tim Downing and Sen. Greg McCortney, removes the 10-day limit for safe deposit box access after death. It requires the financial institution to release all contents of the safe deposit box to a qualified affiant. It requires the affiant to take possession of all contents of the safe deposit box and to have the power to terminate the lease on the safe deposit box and close it. It modifies certain notice requirements. The bill takes effect November 1.

-HB 1621, by Rep. Michael Rogers and Sen. Gary Stanislawski, requires benefits based on service in employment of an educational service contractor be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to the Employment Security Act of 1980. It provides exemptions. The bill takes effect November 1.

-HB 1957, by Rep. Rhonda Baker and Sen. Ron Sharp, removes the requirement that a person enrolled in an alternative teacher placement program have at least two years of work experience which is related to the subject area of specialization if the person has only a baccalaureate degree with no post baccalaureate work in a related area. The bill takes effect July 1.

-SB 12, by Sen. Josh Brecheen and Rep. John R. Bennett, permits private K-12 schools to establish police departments under the Oklahoma Campus Security Act. The bill takes effect November 1.

-SB 34, by Sen. Kim David and Rep. Scott Biggs, prohibits lack of knowledge of the age of a human trafficking victim from constituting a defense to the human trafficking of a minor. The bill takes effect November 1.

-SB 64, by Sen. Stephanie Bice and Rep. Mike Osburn, increases to $50,000 from $20,000 the amount of money deposited in a bank or credit union account that the institution may transfer to the known heirs of the deceased upon receipt of an affidavit sworn to by the known heirs of the deceased which establishes jurisdiction and relationship and states that the owner of the account left no will when the account has no designation of a payable-on-death beneficiary. The bill also provides any person who knowingly submits and signs a false affidavit will be fined not more than $3,000 or imprisoned for not more than six months or both. It requires that restitution of the amount fraudulently attained be made to the rightful beneficiary by the guilty person. The bill takes effect November 1.

-SB 174, by Sen. Stephanie Bice and Rep. Glen Mulready, permits a spouse of a retail spirits license holder to hold a separate interest in up to two package stores. The bill takes effect on October 1, 2018.

Tuesday, April 25, 2017

• The Senate met on Tuesday, and approved the following legislation:

-HB 1306, by Rep. Casey Murdock and Sen. James Leewright, with title and enacting clause restored, creates the Blue Lives Matter in Oklahoma Act of 2017. The bill modifies the punishment for persons convicted of first degree murder or for persons who plead guilty or nolo contendere to murder in the first degree by requiring he or she be punished by death and not be entitled to or afforded the benefit of receiving a punishment of imprisonment for life without parole, imprisonment for life or deferment of the sentence. HB1306 passed on a vote of 46 to 1.

-HB 1121, by Rep. Ryan Martinez and Sen. Stephanie Bice, with title restored, creates the Oklahoma Integrated Domestic Violence Court Act of 2017. The bill allows any district or municipal court to establish an integrated domestic violence court subject to the availability of funds. The bill defines integrated domestic court to be a specialized judicial process for civil and criminal domestic matters. The bill requires a single judge to preside over the related criminal, family and matrimonial matters. It requires the Administrative Office of the Courts to promulgate rules and ensure statewide uniformity. The bill passed on a vote of 45 to 0.

-HB 1324, by Rep. JJ Humphrey and Sen. Wayne Shaw, with title restored, modifies the requirements of presentence investigations for persons convicted of a violent felony offense and increases the range of presentence investigation fee from $250 to $500. The bill authorizes a presentence investigation to be made of the offender by a private provider or someone designated by the court. The bill also directs the court to order the defendant to pay to the private provider or court designee assigned to complete the presentence investigation a fee of not less than five dollars nor more than $500. It allows the court to set the amount of the fee and establish a payment schedule in hardship cases. The bill passed on a vote of 36 to 5.

-HB 1337, by Rep. Chuck Hoskin and Sen. Randy Bass, creates the Freedom to Display the American Flag Act. It prohibits an owners association, condominium association, cooperative association or residential real estate management association from adopting or enforcing any policy or enter into any agreement that would restrict or prevent a member of the association from displaying the flag of the United States at a reasonable height, not to exceed 20 feet, on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. The bill and its emergency passed on a vote of 44 to 0.

-HB 1341, by Rep. Rande Worthen and Sen. Paul Scott, prohibits the access of certain records through the Internet. The bill passed on a vote of 38 to 5.

-HB 1371, by Rep. Johnny Tadlock and Sen. Joseph Silk, with title and enacting clause restored, deletes the date requirement for the appointment of a judicial district supervised visitation team. The bill passed on a vote of 42 to 0.

-FS for HB 1515, by Rep. Josh Cockroft and Sen. Stephanie Bice, allows the owner of a vehicle which is required to be registered by the provisions therein to renew the vehicle registration on a biennial basis. It requires the registration fee and any related administrative fees for such a registration be equal to the sum of all annual registration fees and related administrative fees provided therein that would have otherwise been applicable if such vehicle were registered on an annual basis for the two-year period covered by the biennial registration. It includes an increased $25 fee structure related to the tag renewal option. It provides for distribution of collected fees. The bill passed on a vote of 28 to 18.

-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 of two incumbents draw no opponents or if the two or more incumbent county commissioners both win their reelections. The bill passed on a vote of 38 to 1.

-HB 1551, by Rep. George Faught and Sen. Micheal Bergstrom, with title restored, requires the Oklahoma State Board of Examiners for Long-Term Care Administrators to present language to promulgate in rule which defines a verifiable alternative path to licensure as a nursing home administrator that does not include a four-year degree requirement no later than Nov. 1, 2018. It requires said path be based on experience in the long-term care administrator profession. It requires that in the absence of this language the Board no longer require completion of a four-year degree for licensing or certification for nursing facility administrators if such individuals possess 10 years of supervisory experience with five consecutive years of verified experience as a certified assistant administrator in an Oklahoma licensed nursing facility. The bill passed on a vote of 29 to 11.

-HB 1583, by Rep. Chad Caldwell and Sen. Kyle Loveless, consolidates the Office of the State Bond Advisor into the Office of the State Treasurer. It accounts for the transfer in relation to funds and records. The bill transfers the Bond Oversight Revolving Fund to the State Treasurer. It repeals language related to the fund. The bill provides for disclosure to be made by any public service provider for the direction of any and all direct financial contribution which exceeds $5,000 on a cumulative basis to any nonprofit organization. It provides a similar procedure for contributions exceeding $100 on a cumulative basis to any elected officials or employees of a State or Local Governmental Entity to which financial services are to be provided in connection with issuance of debt obligations or contributions made to any individuals associated with a nonprofit. It provides when this disclosure must be filed. The bill passed on a vote of 45 to 0.

-HB 1683, by Rep. Harold Wright and Sen. Darcy Jech, with title restored, expands eligibility for cameras to be furnished to a motor license agent to include an individual located in a municipality with a population greater than 500 and located 15 miles or more from any other motor license agency. The bill passed on a vote 43 to 1.

-FS for HB 1708, by Rep. Mike Ritze and Sen. Ervin Yen, modifies the membership of the Oklahoma Board of Mental Health by requiring two members be an allopathic physician and an osteopathic physician, with both licensed to practice in this state appointed under provided criteria. It ensures at least one of the new members must be a psychiatrist. It passed on a vote of 46 to 0.

-HB1837, by Rep. Leslie Osborn and Sen. Kim David, with title restored, requires the first $50 million of net revenue from the lottery be transferred to the Oklahoma Education Lottery Trust Fund. It requires net proceeds in excess of $50 million be appropriated by the Legislature on a cash basis to be allocated by the State Department of Education to public schools based on the audited end-of-year average daily membership in grades PK-12 during the preceding school year for the purpose of implementing prekindergarten-through-third-grade reading intervention initiatives or science, technology, engineering and math (STEM) programs. It requires the Oklahoma Lottery Commission to 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 to the Governor, House Speaker and Senate President Pro Tempore not later than October 1, 2019, and annually thereafter. It limits the annual maximum percentage for administrative costs, not including marketing and advertising costs, funds set aside for prizes, commissions paid to retailers, contract fees paid to gaming system vendors and instant ticket providers or emergency-related capital expenses, to no more than 3.0 percent of sales. The bill passed on a vote of 36 to 10.

-HB 1853, by Rep. Charles Ortega and Sen. Roger Thompson, increases the time period for submission of additional information related to property tax relief from 30 days to 60 days. The bill also repeals language relates to donations from income tax refunds. The bill passed on a vote of 46 to 0.

-HB 1868, by Rep. Jason Dunnington and Sen. Roger Thompson, requires any state employee earning less than $30,000 annually to receive overtime pay, instead of compensatory time, for all hours worked over 40 hours a week beginning November 1, 2017. The bill passed on a vote of 29 to 15.

-HB 1104, by Rep. Bobby Cleveland and Sen. Nathan Dahm, allows elected officials of a county to carry a concealed handgun when acting in the performance of their duties within the courthouses of the county. It prohibits the individual from carrying the handgun into a courtroom. The bill passed 38 to 6.

-HB 1005, with title and enacting clause restored, by Rep. Scott Biggs and Sen. A J Griffin, makes rape by instrumentation a first degree crime, eliminating the requirement that it result in bodily injury and regardless of the age of the victim. The bill passed 41 to 0.

-HB 1127, by Rep. Scott Biggs and Sen. A J Griffin, requires the court instruct a jury on the definition of "consent" as defined therein in any criminal jury trial of a crime involving any type of sexual contact or behavior where consent is an element of the crime of a defense raised by the accused. The bill passed 40 to 0.

--HB 1198, with title and enacting clause restored, by Rep. Tommy Hardin and Sen. Frank Simpson, requires the Department of Veterans Affairs to create and maintain a registry of all veterans in the state. It specifies what information is to be included on the registry. The bill requires a Department of Public Safety employee to check the registry before issuing a driver license or identification care to those requesting to be identified as veterans. The bill passed 41 to 0.

-HB 1578, by Rep. Chad Caldwell and Sen. Gary Stanislawski, creates the School Finance Review Commission Act. It creates the School Finance Review Commission. It provides for membership. It provides a January 1, 2025 Sunset. It sets about responsibilities and goals of the Commission in reviewing all matter related to school finance. It requires the Commission for Educational Quality and Accountability provide staff and administrative support to the Commission. It requires the State Department of Education to aid either commission in providing necessary staff and administrative support. It requires the Commission submit its findings annually to the Governor, President Pro Tempore and the Speaker until its sunset. The bill passed 36 to 7.

-HB 1925, by Rep. Chris Kannady and Sen. Nathan Dahm, requires a justice in office Nov. 1, 2017 to serve the term for which the justice was appointed or retained or until the successor is appointed. The bill modifies districts in which in Supreme Court Justice represents and aligns them with Congressional Districts. The bill passed 40 to 4.

-HB 2155, with title and enacting clause restored, by Rep. Jadine Nollan and Sen. Gary Stanislawski, requires the State Board of Education to adopt a new statewide system of college and career planning tools to be known as the Individual Career Academic Plan (ICAP). It requires the Board to work with school districts to incorporate ICAP into graduation requirements. The bill requires students beginning in the school year 2019-2020 to be required to complete the process of an ICAP in order to graduate from a public high school. The bill requires the ICAP to include career and college interest survey, academic progress, workforce goals and workforce experience. It creates an implementation schedule. The bill passed 26 to 15.


• Several measures were approved by the House on Tuesday, including:

-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 81 to 0.

-SB 40, with title and enacting clause restored, 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 in the performance of their duties to point a shotgun, rifle or pistol, or any deadly weapon. The bill passed 82 to 8.

-SB 252, as amended, by Sen. A J Griffin and Rep. Mike Osburn, modifies the definition of victim impact panel programs. The bill passed 91 to 0. The amendment adds DUIs to the list of offenses for those eligible to participate in the victim impact panel programs.

-SB 529, by Sen. Jason Smalley and Rep. Katie Henke, modifies the qualifications and criteria required for students to participate in the Oklahoma Higher Learning Access Program. It requires an award for eligible Oklahoma Higher Learning Access Program students enrolled in a postsecondary vocational-technical program offered by a technology center school that meets the requirements to be eligible for federal student financial aid be satisfied for both vocational-technical and college work in which enrolled. It expands to the scope of student ineligible for the program with parents that meet updated income requirements. The bill and its emergency clause passed 87 to 3.

-SB 532, by Sen. John Sparks and Rep. Carol Bush, requires state agencies to provide debriefing and counseling services for state employees involved in or exposed to violent or traumatic events in the workplace. It requires the treatment be optional and paid administrative leave be provided. It requires the Oklahoma Office of Management and Enterprise Services promulgate rules. The bill passed 96 to 0.

-SB 543, by Sen. Frank Simpson and Rep. Pat Ownbey, authorizes the Department of Veterans Affairs to construct, establish, administer, operate, and maintain a State Veterans' Cemetery System. It requires the system to consist of one or more cemeteries to serve veterans, spouses and eligible dependents of veterans of the State of Oklahoma. The bill passed 88 to 0.

-SB 632, by Sen. Ron Sharp and Rep. Katie Henke, creates the Education Compact for Students in State Care Act and establishes and advisory committee. The bill establishes membership guidelines and allows for travel reimbursement. It states requires the Committee to facilitate the transfer and/or enrollment of a student placed in state care to ensure timely delivery of records. It allows a receiving school district to request the student's permanent records from the sending school district. The bill allows the transfer student who has been placed in state care 30 days to obtain required immunizations. The bill requires the school district to consider the student's eligibility for placement in gifted and talented programs, an English learner program, extracurricular activities and courses offered by a technology center school. The bill allows the school district to waive any applicable graduation requirements. The bill passed 91 to 0.

-SB 741, by Sen. Adam Pugh and Rep. Tammy West, requires the State Department of Health, subject to the availability of funds, to develop and administer a program with the Oklahoma Health Care Authority that will encourage the timely and appropriate use of primary care services in lieu of emergency room utilization. It permits the Oklahoma Health Care Authority and the State Department of Health to collaborate with city-county and county health departments and other relevant stakeholders in the development of the program. It modifies the program components. The bill passed 90 to 1.

-SB 765, by Sen. Ervin Yen and Rep. Katie Henke, makes it unlawful for a person under 18 years of age to use any tanning device of any tanning facility. The bill defines applicable terms. It exempts any physician who is duly licensed to practice medicine and who uses or prescribes to be used a phototherapy device with respect to a patient of any age in the practice of medicine. It requires the owner, lessee or operator of a tanning facility to post in a conspicuous place in each tanning facility owned, leased or operated by that person a notice, available on the State Department of Health's website, that states all of the following: it is unlawful for a tanning facility or operator to allow a person under 18 years of age to use any tanning device; that a tanning facility or operator that violates one or more provisions of this section may be subject to a civil penalty; that an individual may report a violation of one or more provisions of this section to the local law enforcement agency; and that health risks associated with tanning include but are not limited to skin cancer, premature aging of skin, burns to the skin and adverse reactions to certain
medications, foods and cosmetics. The bill passed the House by a vote of 57 to 37.

-SB 84, as amended, by Sen. Micheal Bergstrom and Rep. Katie Henke, adds the 2018-2019, 2019-2020, 2020-2021, 2021-2022 and 2022-2023 school years to the years that each school district is required to report the number of students who did not pass the reading sufficiency test and was promoted to a subsequent grade. The bill also modifies the requirements for the Reading Report Card. The amendment makes the parent-teacher reading retention teams permanent and delays the mandatory retention portion of the RSA for students who score limited knowledge. The bill's amendment also includes additional provisions for data that must be tracked. The bill and its emergency clause passed 87 to 0.

-SB 160, as amended, by Sen. Bill Brown and Rep. Lewis Moore, prohibits the owner of a vessel from being liable for any injury or damage where the owner knew or should have known that the injury or damage would have occurred 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 amendment adds that the owner would not be held liable if he or she briefed the renter of the vessel on the location of fire extinguishers and life vests when applicable; ensured there are enough life vests of the proper size for every passenger on the boat; presented guidelines to the renter for safely piloting a vessel, and; executed a safety check on lighting, gasoline, oil, and bilge water removal systems. The bill passed by a vote of 73 to 17. The emergency clause passed 68 to 20.

-SB 445, by Sen. Joe Newhouse and Rep. Kevin Calvey, modifies the manner in which cap on annual credits is allocated and calculated for the Oklahoma Equal Opportunity Education Scholarship Act. The bill passed by a vote of 64 to 23.

-SB 492, by Sen. John Sparks and Rep. Chuck Hoskin, requires the Department of Environmental Quality to seek and include any response submitted by any of Oklahoma's tribal governments when preparing any response on behalf of the state to the federal government on issues pertaining to air quality. The bill passed 65 to 10.

-SB 563, by Sen. Micheal Bergstrom and Rep. Jason Murphey, allows any school district,
including a technology school district, to either participate in, sponsor, conduct or administer a cooperative purchasing agreement for the acquisition of any commodities or services with one or more public agencies in accordance with an agreement entered into between the participants. It allows those cooperative purchasing agreements to include joint or multiparty contracts between public agencies and open-ended state public procurement contracts. The amendment adds language that requires the agreements to be in accordance with the state's central purchasing act. The bill passed by a vote of 83 to 3.

-SB 646, by Sen. Stephanie Bice and Rep. Glen Mulready, permits beer distributors to hold an interim license. It establishes criteria. The measure also provides that any license issued by the ABLE Commission may be relied upon by other licensees as a valid license, and no other licensee has any obligation to independently determine the validity of such license or be held liable solely as a consequence of another licensee's failure to maintain a valid license. The bill modifies language related to marketing and branding of alcoholic beverages. It also repeals various sections of law relating to the sale, shipment, licensing and taxing of, and legal remedies associated with, low-point beer and alcoholic beverages. The bill passed 73 to 14.

• The Senate Energy Committee approved the following executive nominations on Tuesday morning. The nominations now go to the Senate floor for final consideration.

-Dr. Robert D. Delano, Edmond, to the Air Quality Advisory Council, to serve an unexpired term ending June 15, 2018, succeeding Robert A. Lynch.

-David K. Griesel, El Reno, to the Environmental Quality Board, to serve a five-year term ending January 31, 2022, succeeding himself.

-Rhonda Hooper, Edmond, to the Oklahoma Science and Technology Research and Development Board, to serve a four-year term ending June 30, 2021, succeeding herself.

-James W. Kinder, Walters, to the Environmental Quality Board, to serve a five-year term ending January 31, 2022, succeeding himself.

-Kurt Klutts, Poteau, to the Oklahoma Mining Commission, to serve a seven-year term ending January 1, 2024, succeeding himself.

-Stephen Landers, Fort Gibson, to the Air Quality Advisory Council, to serve a seven-year term ending June 15, 2023, succeeding Sharon O. Meyers.

-Michel Paque, Oklahoma City, to the Environmental Quality Board, to serve a five-year term ending January 31, 2022, succeeding Cheryl Vaught.

-Dr. Terry Salmon, Norman, to the Oklahoma Science and Technology Research and Development Board, to serve a four-year term ending June 30, 2021, succeeding himself.

-Sherri L. Wise, Tulsa, to the Oklahoma Science and Technology Research and Development Board, to serve a four-year term ending June 30, 2021, succeeding herself.

• Gov. Mary Fallin signed several bills Tuesday, including the following:

-HB 1197, by Rep. Tommy Hardin and Sen. Frank Simpson, modifies the definition of veteran to include an individual who has served the full obligation for active duty, reserve or National Guard service in the military, or received an early discharge for a medical condition, hardship or reduction in force and has been separated from such service honorably. The bill takes effect Nov. 1.

-HB 1357, by Rep. Regina Goodwin and Sen. A J Griffin, creates the Oklahoma Caregiver Support Act. It requires the Department of Human Services to work with caregiver community groups across the state in a cost-neutral manner using existing resources for outlined purposes. It also requires the Department of Human Service to work alongside said groups in such a manner to support the awareness certain information related to caregivers. The bill takes effect Nov. 1.

-HB1429, 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 takes effect Nov. 1.

-HB 2310, by Rep. Mark Lepak and Sen. Marty Quinn, modifies the duties of the J.M. Davis Memorial Commission. The bill takes effect immediately.

-SB 117, by Sen. Gary Stanislawski and Rep. Randy McDaniel, appropriates $6.0 million to the Employment Security Administration Fund from the funds made available to the state by the federal Unemployment Compensation Modernization Transfer made on June 25, 2009, pursuant to Section 903(f) of the Social Security Act, 42 U.S.C., Section 1103(f), as amended, to be used by the Oklahoma Employment Security Commission for the purpose of paying administrative expenses. The bill sets certain limits on the expenditures. The bill takes effect Nov. 1.

-SB 234, by Sen. Frank Simpson and Rep. Tommy Hardin, creates a petty cash fund for programs of the Oklahoma Military Department, including but not limited to billeting funds, youth programs and military awards and decoration programs, the sum of which will be determined as agreeable to the Oklahoma Military Department and the Director of the Office of Management and Enterprise Services. It directs the Director to establish procedures for the administration of this petty cash fund. The bill takes effect Nov. 1.

-SB 403, by Sen. David Holt and Rep. Elise Hall, modifies the methods by which public bodies must display notices for regularly scheduled meetings. It exempts weekends and holidays. It defines terms. The bill takes effect Nov. 1.

-SB 531, by Sen. Rob Standridge and Rep. George Faught, authorizes the Department of Labor to regulate any advancement in technology that applies to the alarm or locksmith industry. The bill updates statutory references. It prohibits an alarm business licensed under Alarm, Locksmith and Fire Sprinkler Industry Act from being required to obtain multiple licenses to engage in the practice of locksmithing, closed-circuit television and access control when its activities are performed in combination with the installation, maintenance, moving, repairing, replacing, servicing, or reconfiguration of a burglar alarm system. The bill takes effect Nov. 1.

Wednesday, April 26, 2017

• The Senate worked steadily Wednesday, passing several bills, including the following:

-HB 1123, with title and emergency clause restored, by Rep. Scott Biggs and Sen. Bryce Marlatt, requires that an individual trespassing on property containing critical property be guilty of a misdemeanor. It requires an individual who willfully damages, destroys, vandalizes or tampers with critical infrastructure be guilty of a felony. It requires an organization found to be a conspirator to those committing such crimes pay a fine that is 10 times the amount of an individual. The bill defines related terms. The bill passed 38 to 6.

-HB 1826, by Rep. Chris Kannady and Sen. Greg Treat, requires certified copies of all the recorded covenants and restrictions of a real estate development be provided by the title company to the buyer of property in the real estate development as a part of the closing of the real estate sale. The bill passed 40 to 4.

-HB 1832, by Rep. Leslie Osborn and Sen. Lonnie Paxton, authorizes the Department of Human Services to separate siblings if placement together would be contrary to the safety or well-being of the siblings. The bill reduces the age of youth in custody of the Department for which an annual credit report will be submitted. The bill eliminates the liability for foster parents for property damage or injuries caused by the child. It prohibits the limitation of the liability. The bill passed 43 to 0.

-HB 1862, by Rep. Leslie Osborn and Sen. Jason Smalley, allows the Oklahoma Educational Television Authority to appoint the chief executive officer of their foundation to serve concurrently as the OETA Executive Director, in which case he or she is to be compensated solely by the foundation. The bill requires Senate confirmation for the appointed individual. The bill passed 43 to 1.

-HB 2131, with title restored, by Rep. Jon Echols and Sen. Greg Treat, creates the Oklahoma Tourism Development Act. The bill requires the Executive Director of the Oklahoma Tourism and Recreation Department to establish standards for making of applications and inducements to eligible companies and their tourism attraction projects by the promulgation of rules in accordance with the Administrative Procedures Act. The bill passed 35 to 8.

-HB 2186, 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. It defines terms used therein. It repeals language related to low-point beer sales in motion picture theaters. The bill passed 33 to 11.

-HB 2209, with title restored, by Rep. Marcus McEntire and Sen. A J Griffin, requires the
Oklahoma Tax Commission to prepare an incidence impact analysis of a bill or a proposal to change the tax system which increases, decreases, or redistributes taxes by more than $20 million upon the request of the Chair of the House Appropriations and Budget Committee Subcommittee on Finance or the Senate Finance Committee. It provides for information to be included in the report. It requires the incidence analyses to use the broadest measure of economic income for which reliable data is available. The bill passed 44 to 0.

-HB 2273, by Rep. Terry O'Donnell and Sen. Greg Treat, prohibits any reproductive tissues from being procured for donation purposes from any person testing positive for the human immunodeficiency virus (HIV) infection. It allows organs and tissues to be procured for donation purposes from any person testing positive for HIV infection, provided such procurement and donation are consistent with the HIV Organ Policy Equity and the regulations promulgated by the Organ Procurement and Transplantation Network and the United States Food and Drug Administration. It clarifies language. The bill passed 42 to 0.

-HB 2290, with title stricken, by Rep. Scott Biggs and Sen. Greg Treat, expands the parameters of drug court program objectives. It provides procedures for offenders upon the successful completion of drug court. It eliminates a section relating to revocation hearings as well as provisions allowing for the introduction of alternative treatment plans in lieu of revocation. The bill passed 44 to 0.

-HB 2311, with title and emergency clause restored, by Rep. Charles McCall and Sen. Mike Schulz, creates the Agency Spending Review Act and the Agency Spending Review Commission. It provides for appointments to the commission. It requires the Legislative Services Bureau to provide staff and administrative support. It requires the commission to conduct an audit of the spending of government agencies in order to identify opportunities for savings at least once every four years. It requires the commission to issue a report on the status of implementation of these recommendations. It allows the commission to contract with a private company, nonprofit or academic institution to assist with the spending audits. It provides for bids and their acceptance. It provides for information to be collected and included in said report. The bill and its emergency clause passed 41 to 4.

-HB 1116, by Rep. Mike Sanders and Sen. A J Griffin, makes a statement made by a vulnerable or incapacitated person that describes any act of abuse or neglect, any act of financial exploitation or any violent act on the person that would not otherwise admissible admissible in criminal and juvenile proceedings if the court finds, in a hearing conducted outside the presence of the jury, that the time, content and circumstances of the statement provide sufficient safeguards of reliability according to standards the court may consider and the declarant is unavailable as a witness, provided that there is corroborative evidence of the act. It provides a
statement may not be admitted unless the proponent of the statement makes known to the adverse party an intention to offer the statement and the particulars of the statement at least 10 days in advance of the proceedings to provide the adverse party with an opportunity to prepare to answer the statement. It establishes requirements for the notice. The bill requires the court to make specific findings of fact on the record regarding the basis for its ruling. The bill defines applicable terms. The bill passed 38 to 2.

-HB 1202, with title restored, by Rep. Dennis Ray Casey and Sen. Marty Quinn, defines
per-pupil expenditure to mean the aggregate current expenditures of school districts from all funding sources. The bill includes categories of expenditures and prohibits current expenditures to include monies used for adult and community education, facilities acquisition and construction services, debt services, property, and other expenditures not related to day-to-day operations. The bill passed 37 to 5.

-HB 2151, by Rep. Charles McCall and Sen. Mike Schulz, creates the Oklahoma Oil and Gas Regulation Modernization Task Force to study the regulation related to the identification, exploration and development of oil and natural gas resources and identify opportunities for modernizing regulation to enhance efficiencies related to identification, exploration and development. It establishes membership and requirements for information to be included in the assessment. It requires an organizational meeting to be held no later than December 1, 2017 and allows business to be conducted without a quorum. It prohibits the task force from being subject to the Oklahoma Open Meeting Act. It requires a final report to be developed by December 1, 2018 and requires termination of the task force December 2, 2018. The bill passed 41 to 0.

-HB 1491, as amended, by Rep. Carl Newton and Sen. Bryce Marlatt, and its emergency clause passed 37 to 5 with its title restored. The bill modifies provisions of the Oklahoma Child Care Facilities Licensing Act. It lowers the age of children at summer youth camp exempt from provisions of the Act from five to four and increases the number of hours for child care facilities exempt from 15 to 21. It requires the care and supervision be provided for school-aged children only in a center based program for 21 or fewer hours a week. The amendment limits the bill's application to cities with a population of 100,000.

-FS for HB 1540, by Rep. Emily Virgin and Sen. Stephanie Bice, authorizes a winemaker licensee to sell wine produced at a winery from grapes and other fruits grown in Oklahoma for either on or off-premises consumption. It eliminates the Direct Wine Consumer's Permit. The change in the substitute allows Oklahoma wineries to ship their products within the state, but keeps the restriction on shipping for out-of-state wineries.

-FS for 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 38 to 0.

• The House met on Wednesday, approving the following measures:

-SB 323, by Sen. Lonnie Paxton and Rep. Kevin Wallace, modifies the requirement for a petition supporting a candidate's filing. It requires the petition be signed by not fewer than 2.0 percent of the number of registered voters in the district, county or state, as appropriate for the office sought. It modifies the amount of fees to file as candidate for certain offices. It increases the fee for presidential candidates who submit a petition supporting their filling from $2,500 to $5,000.

-SB 285, by Sen. Mike Schulz and Rep. Charles McCall, creates the Oklahoma Brine and Produced Water Development Act. The bill states its intent in relation to brine water disposal. It modifies definitions to terms used therein. It modifies the Corporation Commission's jurisdiction and expands promulgation authorization. The bill modifies actions of the commission in determining brine being produced as an incident to the production of oil and gas from oil or gas wells within a proposed brine development unit. It modifies the process by which brine units are developed by the Commission. The bill passed 93 to 1.

-SB 469, by Sen. Rob Standridge and Rep. Scott Martin, creates a license to practice funeral directing, but not embalming, upon meeting eligibility requirements. It requires the curriculum of study for a funeral director license to be in a program of mortuary science prescribed by the Oklahoma Funeral Board. The bill passed 88 to 2.

-SB 594, 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 90 to 1.

-SB 595, by Sen. Darcy Jech and Rep. Kyle Hilbert, creates the Farmers Market Liability Limitation Act and defines related terms. The bill provides that any participant assumes the inherent risk of attending, buying or selling goods at a farmers market registered with the Oklahoma Department of Agriculture, Food, and Forestry. It allows the farmers market operator to plead an affirmative defense of assumption of risk by the participant if a participant brings an action for damages arising from the operation of a registered farmers market. The bill requires any limitation on legal liability afforded to a registered farmers market operator be in addition to any other limitation of legal liability otherwise provided by law. It provides instances for limited liability. The bill passed 87 to 4.

-SB 652, by Sen. Anastasia Pittman and Rep. George Young, requires the Secretary of Health and Human Services to apply for grant funding from the U.S. Department of Health and Human Services for the purposes of identifying health disparities related to sickle cell disease; assessing the utilization of therapies and strategies to prevent complications related to sickle cell disease; and other purposes permitted by federal laws and regulations. It requires the State Board of Health to promulgate necessary rules. The bill passed 94 to 0.

-SB 661, by Sen. John Sparks and Rep. Chris Kannady, increases the maximum amount of claims that may be pursued in small claims court from $7,500 to $10,000. It also permits the court, upon application supported by sufficient documentation, to award attorney fees not to exceed 25 percent of the judgment. It establishes separate procedures for the transfer of claims from small claims court to other courts for claims less than $7,500 and for claims more than $10,000. The bill permits a small claims action in which the claim is $7,500 or more and on motion of the defendant to be transferred from the small claims docket to another docket of the court provided, that the motion is filed and notice is given by the defendant to the opposing party or parties by mailing a copy of the motion at least 48 prior to the time fixed in the order for defendant to appear or answer and provided that the defendant deposit the sum of $50 as the court cost. The bill provides a reasonable attorney fee will be allowed to be taxed as costs in the case, in addition to any sanctions which the court may deem appropriate for matters in which the claim is $7,500 or more, if attorney fees are otherwise allowed by law. The bill passed 66 to 22.

-SB 743, by Sen. Mike Schulz and Rep. Charles McCall, creates the Oil and Gas Produced Water Recycling and Reuse Act. The bill requires transfer of the legal title to the produced water occur at the instant the operator reduces the produced water to possession and separates it from the produced oil and gas, with the operator being liable to the surface owner for just compensation. The bill establishes criteria for the determination of just compensation for the value of the property taken. The bill specifies the liability of well operators. The bill passed 81 to 0.

-SB 756, by Sen. Bryce Marlatt and Rep. Mark McBride, requires all activities related to restoration, preservation, enhancement or modification of the Capitol building or grounds be approved by the State Capitol Preservation Commission before commencement. It exempts maintenance as defined by statute from the approval requirement. It defines applicable terms. It reduces the members of the Capitol Preservation Commission from 15 to 13 and establishes members. It establishes meeting requirements. It establishes duties and responsibilities of the commission. The bill passed 89 to 2.

-SB 819, by Sen. Frank Simpson and Rep. Pat Ownbey, modifies the name of entities
listed therein related to homestead lens under the Oklahoma Health Care Authority. It modifies the manner in which the Authority may enforce a lien. The bill passed 82 to 6.

-SB 829, by Sen. A J Griffin and Rep. Carol Bush, authorizes the Oklahoma Commission on Children and Youth to receive 1.0 percent in administrative costs from the Child Abuse Multidisciplinary Account Fund. The bill passed 87 to 0.

• The Governor signed several measures into law on Wednesday, including:

-SB 30, by Sen. A J Griffin and Rep. Tammy West, requires any facility in which abortions, other than abortions necessary to prevent the death of the mother, are performed, induced, prescribed for, or where the means for the procedure are provided to post specified signage. It provides for the requirements of said signage's formatting and placement. It requires the State Health Department to only utilize funds specifically set aside for the provisions therein. It requires the Department to use its official, online social media platforms to promote the unique URL specified therein. It requires the Department to promulgate necessary rules. The bill takes effect July 1.

-HB 1706, by Rep. Randy McDaniel and Sen. Marty Quinn, ensures the Oklahoma Law Enforcement Retirement System remains in compliance with the Internal Revenue Service by allowing the agency to roll money from its system to an IRA. The bill takes effect immediately.

-HB 1759, by Rep. Katie Henke and Sen. Dave Rader, 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 takes effect immediately.

-HB 1858, by Rep. Leslie Osborn and Sen. Kim David, creates the Oklahoma Horse Racing Commission Operational Expenses Revolving Fund to consist of all monies received by the Oklahoma Horse Racing Commission to be appropriated, budgeted and expended by the Commission. It requires expenditures from said fund 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 the Fund be used to fund the operations of the Oklahoma Horse Racing Commission within the limits of the budget. The bill takes effect July 1.

-HB 2156, by Rep. Jadine Nollan and Sen. Ron Sharp, expands the core curriculum of a public school to include world language or a foreign or non-English language. The bill takes effect July 1.

-HB 2211, by Rep. Avery Frix and Sen. Dave Rader, authorizes the Metropolitan Area Planning Commission to adopt regulations permitting staff to approve or deny plats, lot-splits and other matters. The bill takes effect 90 days after Sine Die.

-HB 2231, by Rep. Glen Mulready and Sen. Dan Newberry, permits a sheriff to employ outside counsel to provide immediate representation to a deputy of the sheriff in a deputy-involved shooting incident, provided employment of the counsel is not permitted to continue if the deputy involved is charged with any crime arising from the incident. The bill takes effect Nov. 1.

-HB 2344, by Rep. Leslie Osborn and Sen. Kim David, reduces the total amount of rebates available in any one fiscal year under the Oklahoma Film Enhancement Rebate Program from $5 million to $4 million. The bill takes effect July 1.

-SB 52, by Sen. Jack Fry and Rep. Scooter Park, requires a person to produce and provide physical possession of a driver license to a peace officer upon the officer's request. The bill takes effect Nov. 1.

-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 takes effect July 1.


Thursday, April 27, 2017

• The Senate met on Thursday and approved the following measures:

-HB 2230, by Rep. Glen Mulready and Sen. Anthony Sykes, exempts commissaries for the benefit of persons lawfully confined in the county jail under the custody of the county sheriff
from the requirement to give priority to vending facilities operated by licensed blind operators and established by the State Department of Rehabilitation Services. The bill passed 27 to 12.

-HB 1913, by Rep. Ed Kannady and Sen James Leewright, would double the state’s cap on short-term personal loans, raising it to $1,500 per person. It would also extend the payment period to a year, with a 17-percent-per-month interest rate. The measure passed 28-16.

-HB 1459, by Rep Jon Echols and Sen. A J Griffin, provides exemption for certain students to be awarded the Lindsey Nicole Henry Scholarship. The measure passed 45-0.

-HB 2312, by Rep. Charles McCall and Sen. Mark Allen, adds restrictions for the use of the left-hand lane while driving on roadways laned for traffic. Specifically, the bill permits use of the left lane only for overtaking and passing another vehicle and when certain other conditions require its use to maintain safe traffic conditions. The measure passed 27 to 19 and now goes to Fallin for her signature or veto.

-HB 1449, 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 31 to 9.

-FS for HB 1703, with title restored, by Rep. Kevin Calvey and Sen. Greg Treat, creates the Choosing Childbirth Act which requires the State Department of Health to make grants to a grant-supervising entity for the purpose of reimbursing private organizations in Oklahoma for the expense of programs providing nonprofit, pro-life organizations. It requires the Department to monitor the organizations to ensure grant money is spent in certain ways. The measure passed 41 to 5.

-FS for HB 2008, by Rep. Charles McCall and Sen. Gary Stanislawski, and its emergency clause, 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.

-HB 1444, by Rep. Dustin Roberts and Sen. Ron Sharp, designates Good Friday and the Friday before Easter as state holidays. The bill passed 27 to 11 on its reconsideration.


• The Senate Energy Committee met Thursday for the second time this week and approved three additional executive nominations, as follows:

-Dr. Gerard P. Clancy, Tulsa, to the Oklahoma Science and Technology Research and Development Board, to serve an unexpired term ending June 30, 2018, succeeding Steadman Upham.

-Dr. Kelvin K. Droegemeier, Norman, as Secretary of Science and Technology, to serve a coterminous term with the Governor, succeeding Stephen McKeever.

-Robert Lloyd Melton, Claremore, to the Oklahoma Water Resources Board, to serve a seven-year term ending May 14, 2022, succeeding Ed Fite.

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

-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 passed on a vote of 86 to 0. Its emergency passed on a vote of 72 to 2.

-SB 102, by Sen. Dan Newberry and Rep. Randy McDaniel, as amended, permits the court jurisdiction and venue of alleged violations of the Oklahoma Rental-Purchase Act to be the county of the aggrieved, in addition to the Oklahoma County District Court. It also limits the term of automatically renewed contracts to six months. The amendment updates statutory language. The bill, as amended, passed on a vote of 90 to 3.

-SB 6, with title and enacting clause stricken, by Sen. Josh Brecheen and Rep. Jeff Coody, permits the following officials to carry a firearm anywhere in the State of Oklahoma in the performance of their officials duties if the person has successfully completed a handgun qualification course pursuant to the provisions of the Oklahoma Self Defense Act: the Governor; Lieutenant Governor; State Auditor and Inspector; Secretary of State; Attorney General; State Treasurer; Superintendent of Public Instruction; Commissioner of Labor; Corporation Commissioners; and U.S. House and U.S. Senate members from Oklahoma. The bill passed 73 to 11.

-SB 147, by Sen. Mike Schulz and Rep. Casey Murdock, updates statutory references in relation to the Oklahoma Concentrated Animal Feeding Operations Act. The bill provides an exemption to the setback rule allowing for municipality's governing body with a written waiver of the setback for the particular animal feeding operation. It prohibits a change in ownership of the property on which the animal feeding operation is located from affecting the validity of the waiver. The bill passed 73 to 9.

-SB 467, by Sen. Dan Newberry and Rep. Jon Echols, requires 90 percent of all fees and civil penalties collected by the Department of Consumer Credit to be deposited in the Consumer Credit Administrative Expenses Revolving Fund. The bill passed 79 to 0.

-SB0635, with title and enacting clause restored, by Sen. Josh Brecheen and Rep. Charles McCall, creates a gun hunting license for deer for youth nonresidents 17 years of age or younger that will be valid for hunting one antlerless deer allowed during the current calendar year deer gun season at a cost of $30; an archery hunting license for deer for youth nonresidents seventeen 17 years of age or younger which shall be valid for hunting one antlerless deer and expire on January 15 of the calendar year after the year purchased or, if purchased during the deer archery season, to expire at the end of that deer archery season at a cost of $30; and a primitive firearms hunting license for deer for youth nonresidents seventeen 17 years of age or younger which shall be valid for hunting one antlerless deer during the current calendar year deer primitive firearms season at a cost of $30. The bill passed 75 to 6. The amendment increases the cost of an out-of-state hunting license by $20, totaling $299. It also increases the amount of certain youth hunting licenses to $99.


Other News


• Senator Kyle Loveless resigned his District 45 seat Thursday morning, effectively immediately. Loveless’ resignation comes amid a criminal investigation and an ethics probe into his campaign finances. According to reports published in February, Loveless did not report thousands of dollars in donations given to his 2012 campaign, when he was elected to the Senate, and his 2016 reelection campaign. District 45 is the second Senate seat to be vacated this session. Gov. Mary Fallin will set a special election to fill both vacancies.

• On Wednesday, Gov. Mary Fallin announced the appointment of Robert L. Melton Sr., of Claremore, to the Oklahoma Water Resources Board. Melton will serve a term that expires in May 2022, pending confirmation by the state Senate. He will replace Ed Fite. Melton will serve as a municipal water use representative. He will represent Region 8, which covers Adair, Cherokee, Craig, Delaware, Mayes, McIntosh, Muskogee, Nowata, Okmulgee, Ottawa, Rogers, Sequoyah and Wagoner Counties.

• Oklahoma Attorney General Mike Hunter announced Wednesday the formation of a new commission to establish new methods to combat opioid addiction in the state. Hunter said 2,684 opioid-related deaths reported in Oklahoma over the past year, adding he felt this estimate to be low, as not all deaths require autopsies or toxicology screenings.

Hunter was joined by Sen. A J Griffin and Rep. Tim Downing, who will co-author the concurrent resolution establishing the commission and providing for its membership, which will soon be introduced in the Legislature. The nine-member commission, with Hunter serving as chair, will include representatives from the health community and law enforcement as well as the commissioner of the Department of Mental Health and Substance Abuse Services, chair of the District Attorney's Council and the director of the Oklahoma Bureau of Narcotics and
Dangerous Drug Control. Appointments will be made by Gov. Mary Fallin, President Pro Tempore Mike Schultz and Speaker Charles McCall.

• It was announced this week the State Capitol building will be closed to tenants and visitors from October 13 through October 20 in order to replace the antiquated electrical infrastructure. The closure is deemed necessary to ensure the safety of construction workers, tenants and visitors. The work will allow the old and newly updated systems to run parallel during restoration.