The Oklahoma Senate


Week In Review
Monday, May 1, to Thursday, May 4, 2017


Monday, May 1, 2017

• The following measures were approved Monday by the Senate Joint Committee on Appropriations and Budget:

-Second CS for HB 2365, by Rep. Leslie Osborn and Sen. Kim David, creates a new cigarette tax of $.075 cents per cigarette or $1.50 per pack. The bill creates the Health Care Authority Enhancement Fund, the Mental Health and Substance Abuse Enhancement Fund, the Human Services Enhancement Fund, Oklahoma State University Medical Authority Enhancement Fund and the Health Department Enhancement Fund and establishes apportionment for each fund from the new tax. It adds that after July 1, 2018, 100 percent of the revenue from the additional cigarette tax would go to the Health Care Enhancement Fund. The measure also creates a new tax on gasoline and diesel fuel equal to $.06 per gallon and directs that the revenue go to the Rebuilding Oklahoma Access and Driver Safety (ROADS) Fund. The bill sets a sunset date of September 1, 2017 for the following: incremental production from secondary recovery projects; incremental production from tertiary recovery projects; reestablished production from an inactive well; production from a production enhancement projects; production from deep wells with a depth between 12,500 and 14,999 feet; production from new discovery wells; production using 3-D seismic technology; and production from a an economically at risk oil and gas lease. It caps the rebates allowed for production of an economically at risk oil and gas lease at $8.333 million for calendar year 2017.

-SB 837, by Sen. Kim David and Rep. Leslie Osborn, establishes new apportionment of monies to the Rebuilding Oklahoma Access and Driver Safety Fund. The bill also apportions motor fuel tax revenue to the Rebuilding Oklahoma Access and Driver Safety Fund for certain fiscal years that is contingent upon the enactment of a provision in the Oklahoma Motor Fuel Tax Code.

-HB 2367, by Rep. Leslie Osborn and Sen. Kim David, repeals language related to deduction for keeping sales tax records, filing reports and remitting taxes when due and deductions for sellers or vendors keeping use tax records, filing reports and remitting tax when due.

-HB 2368, by Rep. Leslie Osborn and Sen. Kim David, provides for a 50 percent refund of the Earned Income Tax Credit for amounts in excess of the taxpayer tax liability.

-HB 2369, by Rep. Leslie Osborn and Sen. Kim David, modifies language related to corporate tax reporting for unitary businesses. It defines related terms and authorizes the Oklahoma Tax Commission to promulgate rules.

-SB 838, by Sen. Kim David and Rep. Leslie Osborn, modifies the apportionment of motor vehicle taxes and fees.

• The Senate Education Committee took up a series of executive nominations Monday, approving the following:

-Amy Ford, of Durant, to the Regional University System of Oklahoma, to serve an unexpired term ending June 10, 2018, succeeding Terry Matlock.

-Kerrie A. Beene, of Valliant, to the Board of Trustees for Southeastern Oklahoma State University – McCurtain County Campus, to serve a nine-year term ending June 30, 2024, succeeding Ramona Clawson.

-David W. Echols, of Oklahoma City, to the Board of Regents for Oklahoma City Community College, to serve a seven-year term ending April 22, 2024, succeeding Lenora Burdine.

-Pageant Ferriabough-Charlton, of Tulsa, to the Oklahoma Board of Private Vocational Schools, to serve a six-year term ending July 1, 2023, succeeding Larry Bunting.

-Patricia J. Hamilton, of Hominy, to the State Textbook Committee, to serve a three-year term ending March 1, 2020, succeeding Lisa Storm.

-Ruth P. Harkins, of McAlester, to the Board of Regents of Eastern Oklahoma State College, to serve an unexpired term ending June 1, 2020, succeeding Monte R. McAlester.

-Robert Carroll Huggins, of Stigler, to the Board of Regents for Carl Albert State College, to serve a seven-year term ending July 1, 2024, succeeding himself.

-Kimberly L. Hyden, of Prague, to the Board of Regents of Seminole State College, to serve a seven-year term ending July 1, 2024, succeeding Leesa Adams.

-Wendy J. Jones, of Strang, to the State Textbook Committee, to serve an unexpired term ending March 1, 2019, succeeding Nancy Poindexter.

-Thomas Loy, of Oklahoma City, to the Student Loan Authority, to serve a five-year term ending April 6, 2022, succeeding himself.

-Lynda C. McColl, of Mustang, to the Board of Regents for Redlands Community College, to serve a seven-year term ending April 22, 2024, succeeding herself.

-Jane H. McDermott, of Alva, to the Regional University System of Oklahoma, to serve a nine-year term ending June 10, 2026, succeeding Michael Mitchel.

-Wesley G. Mitchell, of Owasso, to the Board of Regents of the Tulsa Community College, to serve a seven-year term ending June 30, 2024, succeeding Martin D. Garber, Jr.

-Timothy D. Ossinger, of Oklahoma City, to the Board of Regents for Rose State College, to serve a seven-year term ending July 1, 2024, succeeding Steve Coleman.

-Ronald D. Osterhout, of Altus, to the Board of Regents of Western Oklahoma State College, to serve a seven-year term ending March 24, 2024, succeeding Mark Dodson.

-Scott Rickey, of Broken Bow, to the Board of Trustees for Southeastern Oklahoma State University-McCurtain County Campus, to serve an unexpired term ending June 30, 2019, succeeding Ted Brewer.

-Mary J. Scott, of Mangum, to the Board of Trustees for the Quartz Mountain Arts and Conference Center and Nature Park, to serve a seven-year term ending June 30, 2024, succeeding herself.

-Kathryn (Paige) Sheffield, of Wewoka, to the Board of Regents of Seminole State College, to serve a seven year term ending July 1, 2023, succeeding Karen L. James.
-David R. Stewart, of Afton, to the State Board of Career and Technology Education, to serve a six-year term ending April 1, 2023, succeeding himself.

• Gov. Mary Fallin signed several measures into law on Monday, including the following bills:

-SB 120, by Sen. Kim David and Rep. Scott Fetgatter, extends the sunset date on the aerospace engineer employee and employer tax credit until Jan. 1, 2026.

-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. It takes effect on the governor's signature.

-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 takes effect on Nov. 1.

-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, specifically. The bill modifies the definition of discovery and provides that any person who knowingly and willfully makes a false claim or a 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 takes effect on Nov. 1.

-HB 1550, by Rep. George Faught and Sen. Eddie Fields, modifies the definition to "motor vehicle" as it relates to carrying firearms in certain places. The bill takes effect on Nov. 1.

-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 takes effect Nov. 1.

-HB 1668, by Rep. Todd Thomsen and Sen. Dave Rader, deletes language requiring high schools to 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 takes effect July 1.

-HB 1681, by Rep. Harold Wright and Sen. Eddie Fields, requires the Aeronautics Commission to administer an airport inspection program for all public use airports and provide a written report to each airport detailing findings of the inspection. The bill takes effect Nov. 1.

-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 takes effect July 1.

-HB1844, 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 takes effect Nov. 1.

-HB 1860, by Rep. Leslie Osborn and Sen. Eddie Fields, provides budgetary limits for the Corporations Commission's Public Utility Division will stay in effect until superseded by further action of the Legislature. The bill takes effect July 1.

-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. It takes effect on Nov. 1.

-SB 24, by Sen. Mark Allen and Rep. Dustin Roberts, modifies notifications related to changes in motor vehicle driving privileges or any change in the driving status to include non-commercial vehicle operators who operate a vehicle in the course of business. It allows agents acting on behalf of an employer to receive the notifications. The bill modifies the allocation of revenue from the electronic notification system, setting the fee at $25 and requiring that $18 be deposited in the General Revenue Fund, $5 in the Department of Public Safety Revolving Fund and that $2 be retained by the department or its authorized agent to develop and maintain the electronic notification system. It takes effect Nov. 1.

-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 takes effect Nov. 1.


Tuesday, May 2, 2017

• The Senate approved the following bills on Tuesday:

-JCR for SB 837, by Sen. Kim David and Rep. Leslie Osborn, establishes new apportionment of monies to the Rebuilding Oklahoma Access and Driver Safety (ROADS) Fund. The bill also apportions motor fuel tax revenue to the Rebuilding Oklahoma Access and Driver Safety Fund for certain fiscal years that is contingent upon the enactment of a provision in the Oklahoma Motor Fuel Tax Code.

HB 2365, by Rep. Leslie Osborn and Sen. Kim David, creates a new cigarette tax of $.075 per cigarette or $1.50 per pack. The bill creates the Health Care Authority Enhancement Fund, the Mental Health and Substance Abuse Enhancement Fund, the Human Services Enhancement Fund, Oklahoma State University Medical Authority Enhancement Fund and the Health Department Enhancement Fund and establishes apportionment for each fund from the new tax. It adds that after July 1, 2018, 100 percent of the revenue from the additional cigarette tax would go to the Health Care Enhancement Fund. The measure also creates a new tax on gasoline and diesel fuel equal to $.06 per gallon and directs that the revenue go to the Rebuilding Oklahoma Access and Driver Safety (ROADS) Fund. The bill sets a sunset date of September 1, 2017 for the following: incremental production from secondary recovery projects; incremental production from tertiary recovery projects; reestablished production from an inactive well; production from a production enhancement projects; production from deep wells with a depth between 12,500 and 14,999 feet; production from new discovery wells; production using 3-D seismic technology; and production from a an economically at risk oil and gas lease. It caps the rebates allowed for production of an economically at risk oil and gas lease at $8.333 million for calendar year 2017.

-JCR for SB 838, by Sen. Kim David and Rep. Leslie Osborn, modifies the apportionment of motor vehicle taxes and fees. The bill and its emergency clause passed 40 to 5.

• The House approved the following measures on Tuesday:

-JCR to HB 2348, by Rep. Leslie Osborn and Sen. Kim David, modifies language related to standard deductions in the Oklahoma Income Tax Code. It provides that for taxable years beginning on or after January 1, 2017, in the case of individuals who use the standard deduction in determining taxable income, there will be added or deducted, as the case may be, the difference necessary to allow a standard deduction in lieu of the standard deduction allowed by the Internal Revenue Code of 1986, as amended, as follows: $6,350 for single or married filing separately; $12,700 for married filing jointly or a qualifying widower with dependent child and; $9,350 for head of household. The bill provides filing requirements for certain resident and nonresident individual income tax returns. The bill passed 51 to 44.

-JCR to HB 2360, by Rep. Leslie Osborn and Sen. Kim David, includes low-point beer in the mixed beverage gross receipts tax. The bill also repeals language related to the tax on gross receipts of certain licensee holders. The bill passed 58 to 34 and its emergency clause passed 68 to 24.

-JCR to HB 2361, by Rep. Leslie Osborn and Sen. Kim David, creates an admission fee on professional sporting events. It establishes a fee of $1 for tickets priced at less than $50 and a fee of $2 for tickets priced greater than $50. It directs the proceeds from the fee be deposited into the General Revenue Fund. The bill directs the Oklahoma Tax Commission to promulgate rules. The bill passed 69 to 20 and its emergency clause passed 68 to 27.

-JCR to HB 2392, by Rep. Leslie Osborn and Sen. Kim David, adds an additional $100 penalty for late pesticide applicator license renewals in the Combined Pesticide Law. The measure also removes the fee exemption for governmental agencies and increases the annual registration fee from $160 to $210. The bill increases the maximum amount designated for the State Department of Agriculture Unwanted Pesticide Disposal Fund from $100,000 to $300,000. The bill passed by a vote of 60 to 25.

• The governor signed the following bills into law on Tuesday:

-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 takes effect November 1.

-HB 1005, 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 takes effect Nov. 1.

-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 takes effect Nov. 1.

-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 takes effect Nov. 1.

-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. It allows the board to designate a new organization should the designated organization no longer represent a majority of livestock producers. The bill takes effect Nov. 1.

-HB 1324, by Rep. JJ Humphrey and Sen. Wayne Shaw, 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 takes effect Nov. 1.

-HB 1327, by Rep. David Perryman and Sen. Nathan Dahm, extinguishes estate taxes for deaths occurring before January 1, 2010, subsequent to the lapse of 10 years after the date of death of a decedent. It requires that no order exempting estate tax liability be necessary to authorize release of such property or for the title of real property to be marketable. The bill takes effect Nov. 1.

-HB 1683, by Rep. Harold Wright and Sen. Darcy Jech, 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 takes effect Nov. 1.

-HB 1715, by Rep. Lewis Moore and Sen. David Holt, creates the Patriotic Access to
Students in Schools Act (PASS Act). The bill provides that any district board of education may encourage increased community involvement in public schools. The bill allows any youth group listed in Title 36 of the United States Code as a patriotic society to use any school building or property to provide services allowing students to participate in activities provided by the groups at times other than instructional time during the school day. The bill requires the principal of each public school, beginning with the 2017-2018 school year, to allow representatives of a patriotic society the opportunity to speak with and recruit students to participate in their organizations during school hours to inform the students of how the patriotic society may further the students' educational interests and civic involvement to better their schools, communities and themselves. The bill requires the patriotic society to provide verbal or written notice to the principal of its intent to speak to the students. It also directs the principal to provide verbal or written approval of the specific day and time for the society to address the students. The bill will take effect 90 days after the Legislature adjourns Sine Die.

-HB 1837, by Rep. Leslie Osborn and Sen. Kim David, 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 percent of sales. The bill will take effect 90 days after the Legislature adjourns Sine Die.

-HB 2155, 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 takes effect Nov. 1.

-HB 2247, by the late Rep. David Brumbaugh and Sen. Anthony Sykes, permits any person interested in the welfare of a minor who is at least 17 years and 6 months of age and believed to be an incapacitated person or partially incapacitated person to initiate guardianship proceedings, file a petition pursuant to statute and request that any guardianship order take effect immediately on the minor's eighteenth birthday. It permits the petitioner to provide with the petition a copy of the results of an evaluation of the minor by a physician, psychologist or other appropriate professional evaluation that meets the requirements of statutes. It permits the court to grant the request if the evaluation was conducted within 60 days prior to the filing of the petition, the petitioner may ask in the petition that the court accept this report in lieu of ordering any additional evaluation. The bill takes effect Nov. 1.

-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 takes effect Nov. 1.

-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 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 takes effect Nov. 1.

Wednesday, May 3, 2017

• The House met Wednesday and approved the following bills:

-HB 2128, by Rep. Mark McBride and Sen. A J Griffin, clarifies language relating to torts. It allows a person who is arrested or convicted of trespass to be held liable for any damaged to personal or real property. The bill also allows an entity that compensates a person for trespassing to be held liable for damages. The bill passed 68 to 23.

-HB 1667, by Rep. Todd Thomsen and Sen. Eddie Fields, modifies the ways in which the State Board of Education is to award contracts for statewide student assessment system when preparing students for college and careers. It allows assessments to be reviewed for alignment to the subject matter standards. The bill requires the six-year subject area textbook adoption cycle to align to the subject matter standards adoption cycle. The bill passed 87 to 2.

-The Senate met Wednesday and approved the following measures:

-SB 84, 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 bill and its emergency passed on a vote of 42 to 0.

-SB 217, by Sen. A J Griffin and Rep. Mike Osburn, requires the court on the day of pronouncing the judgment and sentence of a person who will be subject to the provisions of the Sex Offenders Registration Act, received a suspended sentence or any probationary term, including a deferred sentence, to order the offender to report to the local law enforcement authority in the municipality or county in which the offender resides and to report to the Oklahoma Department of Corrections probation and parole office in the district in which the offender resides. It requires the court clerk to transmit to the Sex and Violent Offenders Registration Unit of the Department of Corrections by facsimile, electronic mail or actual delivery of a certified copy of the judgment and sentence or plea paperwork, Summary of Facts and Sentence on Plea or Sentencing After Jury Trial Summary of Facts within three business days after the court orders the judgment and sentence. It clarifies language related to the requirement that the Department of Corrections conduct address verification every ninety 90 days if the offender has been determined to be a habitual or aggravated sex offender by the Department of Corrections or has been assigned a level assignment of three. It requires an offender to continue to comply with the reporting requirements the absence of receipt of the mailed verification form. The bill modifies reporting requirements between local law enforcement agencies and the Department of Corrections. It makes reporting as required as a violation of the Sex Offenders Registration Act. It requires any person subject to the provisions of the Sex Offenders Registration Act who resides with a minor child as the parent, stepparent or grandparent of the minor child, provided the minor child was not the victim of the offense for which the person is required to register, to provide to the Department of Human Services, within three days of intent to reside with a minor child, the name and date of birth of any and all minor children residing in the same household. It passed on a vote of 42 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 passed on a vote of 42 to 0.

-SB 514, by Sen. Gary Stanislawski and Rep. Dennis Ray Casey, creates until July 31, 2018, a task force to study and make recommendations to the Legislature on costs, eliminating duplicative overhead costs and improving efficiency among school district operations. The bill specifies the task force's study and specifies membership. The bill requires the task force to submit a report of its findings and recommendations by August 1, 2018, to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the chairs of the education committees of the Senate and the House of Representatives. The bill and its emergency passed on a vote of 42 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. It passed on a vote of 42 to 0.

• The governor signed several bills into law on Wednesday, including the following:

-HB 1123, 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 takes effect immediately.

-HB 1202, 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 takes effect Nov. 1.

-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 takes effect Nov. 1.

-HB 1555, by Rep. George Faught and Sen. Marty Quinn transfers the State Employee Assistance Program from the Office of Management and Enterprise Services to the Department of Mental Health and Substance Abuse Services. The bill takes effect July 1.

-HB 1609, by Rep. John Enns and Sen. Anthony Sykes, deletes certain misdemeanor crimes from DNA testing requirements including the unlawful carrying of a firearm, illegal transport of a firearm and the discharging of a firearm. The bill takes effect Nov. 1.

-HB 1888, by Rep. Pat Ownbey and Sen. David Holt, allows the Inspector General of the Department of Human Services to require, by subpoena, the production of any records, including books, papers, documents and other tangible things which contain evidence relevant to the investigation for any investigation relating to crimes committed against DHS or crimes committed in the course of any program administered by the Department, or in investigations of Medicaid recipient fraud. It allows the production of records to be required from any place in the state to be forwarded to the Inspector General. The bill establishes compliance procedures with the subpoena and the contents of such subpoena. The bill also allows the Inspector General to invoke the aid of any district court of the state within the jurisdiction of which the investigation is conducted in the case of a refusal to obey a subpoena issued to any person. The bill takes effect Nov. 1.

-HB 2209, 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 takes effect Nov. 1.

-SB 29, by Sen. Roger Thompson and Rep. Dennis Casey, provides that a board of education is not required to obtain a new criminal history record check for an individual who has obtained certification from the State Department of Education within the previous 12 months. The bill takes effect July 1.

-SB 191, by Sen. Roger Thompson and the late 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 takes effect Nov. 1.

-SB 360, by Sen. David Holt and Rep. Jason Murphey, allows the Secretary of the State Election Board to establish a system whereby a registered voter may electronically submit a change to his or her voter registration information, including a change of name, political party affiliation or address of residence within the county in which the voter is currently registered to vote. It directs an electronically submitted change in voter registration information to include such information as the Secretary of the State Election Board deems necessary to confirm the identity of the voter; and an oath that the voter is eligible to register to vote in Oklahoma. It requires the secretary of the appropriate county election board to update the voter's registration information in the database upon receipt of a valid electronically submitted change. It also directs the county secretary to file a notation of such changes with the voter's original voter registration application. The bill takes effect Nov. 1.

-SB 486, by Sen. Stephanie Bice and Rep. Glen Mulready, requires the excise tax levied on low-point beer to be due on or before the twentieth day of each month and requires tax payers to file electronically with the Tax Commission showing the total sales of such beverages during the preceding calendar month. It modifies the provisions of a brewer license, distiller license, winemaker license, winemaker self-distribution license, rectifier license, wholesaler license. It modifies the allowable duties of a wholesaler. It modifies the provisions of a Class B wholesaler license, package store license, mixed beverage license, bottle club license, caterer license, and all licenses dealing with the sale or distribution of alcoholic beverages. It repeals duplicate sections and certain effective dates. The bill takes effect Nov. 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 farmer’s market operator be in addition to any other limitation of legal liability otherwise provided by law. It provides instances for limited liability. The bill takes effect Nov. 1.

-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 takes effect Nov. 1.

-SB 773, by Sen. Kim David and Rep. Glen Mulready, requires the Oklahoma Health Care Authority, with assistance from the Department of Human Services and the Department of Mental Health and Substance Abuse Services, to initiate a request for proposal for care coordination models for newborns through children 18 years of age in the custody of the Department of Human Services. It requires any request for proposal to require consideration of and incorporate efforts to continue the implementation of relevant initiatives as provided by the Master Settlement Agreement and administered by the Department of Human Services. It requires the Oklahoma Health Care Authority, with assistance from the Department of Human Services and the Department of Mental Health and Substance Abuse Services, to provide a summary of the request for information responses to the President Pro Tempore of the Oklahoma State Senate, the Speaker of the Oklahoma House of Representatives and the Governor on or before January 1, 2018. It requires the Oklahoma Health Care Authority Board to promulgate necessary rules. The bill takes effect Nov. 1.

-SB 813, by Sen. A J Griffin and Rep. Chad Caldwell, increases the limit on application and renewal fees under the Department of Mental Health and Substance Abuse Services. The bill takes effect Nov. 1.

Thursday, May 4, 2017

• The Senate met on Thursday morning, taking up several measures. Members passed the following bills:

-JCR for HB 2361, by Rep. Leslie Osborn and Sen. Kim David, creates an admission fee on professional sporting events. It establishes a fee of $1 for tickets priced at less than $50 and a fee of $2 for tickets priced greater than $50. It directs the proceeds from the fee be deposited into the General Revenue Fund. The bill directs the Oklahoma Tax Commission to promulgate rules. The JCR was adopted on a voice vote and the bill passed 26 to 18, one vote over the 25-vote minimum necessary to approve a measure in the Senate. The emergency clause passed 32 to 13. The measure now goes to Gov. Mary Fallin for her consideration.

-JCR to HB 2348, by Rep. Leslie Osborn and Sen. Kim David, modifies language related to standard deductions in the Oklahoma Income Tax Code. It provides that for taxable years beginning on or after January 1, 2017, in the case of individuals who use the standard deduction in determining taxable income, there will be added or deducted, as the case may be, the difference necessary to allow a standard deduction in lieu of the standard deduction allowed by the Internal Revenue Code of 1986, as amended, as follows: $6,350 for single or married filing separately; $12,700 for married filing jointly or a qualifying widower with dependent child and; $9,350 for head of household. The bill provides filing requirements for certain resident and nonresident individual income tax returns. The bill passed 39 to 6.

-JCR to HB 2357, by Rep. Kevin Wallace, Rep. Leslie Osborn, Sen. Eddie Fields and Sen. Kim David, increases the reinstatement fee amount after a suspension of corporate instruments due to a corporation's failure to pay its franchise tax from $15 to $150. The bill passed 29 to 16 and its emergency clause passed 32 to 13.

-JCR to HB 2358, by Rep. Leslie Osborn and Sen. Kim David, eliminates the eligible purchaser motor fuels discount for distributors after July 1, 2022. The bill passed 45 to 0.

-JCR to HB 2392, by Rep. Leslie Osborn and Sen. Kim David, adds an additional $100 penalty for late pesticide applicator license renewals in the Combined Pesticide Law. The measure also removes the fee exemption for governmental agencies and increases the annual registration fee from $160 to $210. The bill increases the maximum amount designated for the State Department of Agriculture Unwanted Pesticide Disposal Fund from $100,000 to $300,000. The bill passed 36 to 9.

• The Senate accepted House amendments to the following bills and approved them:

-SB 25, by Sen. Nathan Dahm and Rep. Kevin McDugle, removes the prohibition on fireworks being sold or displayed to the public within any building or portion of a building or any vehicle that allows entry by any persons other than employees unless the fireworks are kept where they cannot be reached or handled by those persons. The bill and its emergency clause passed 43 to 0.

-SB 102, by Sen. Dan Newberry and Rep. Randy McDaniel, 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 bill passed 44 to 0.

-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 42 to 1.

-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 44 to 0.

-SB 160, 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 bill and its emergency clause passed 43 to 0.

-SB 229, by Sen. A J Griffin and Rep. Mark Lawson, removes the age limitation from the definition of "assisted outpatient" as it relates to mental health treatment. It specifies the provisions therein are applicable to juveniles already in a specialized treatment plan addressing a mental illness or specialized treatment plan for treatment of mental illness in a secure juvenile facility or placement in a specialized residential program for juveniles. The bill passed 43 to 0.

-SB 244, by Sen. Gary Stanislawski and Rep. John 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 a personal learning plan for each student, in coordination with the student and the parents or legal guardians of the student. 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 bill passed 44 to 0.

-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 bill passed 42 to 2.

-SB 717, by Sen. A J Griffin and Rep. Leslie Osborn, expands the reasons for recording individuals on the Child Care Restricted Registry. It expands the purpose of rules promulgated by the Department of Human Services to establish a procedure to prohibit licensure, ownership, employment, unsupervised access to children or residence by a person on the Child Care Restricted Registry in any facility providing care to children or vulnerable adults. The bill modifies provisions applicable to facilities licensed, certified by or contracting with the Office of Juvenile Affairs after March 1, 2018. The bill passed 44 to 0.

• The House met Thursday and considered several measures. It passed the following the legislation:

-HB 1198, 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 card to those requesting to be identified as veterans. The bill passed 83 to 0.

-HB 1371, by Rep. Johnny Tadlock and Sen. Joseph Silk, deletes the date requirement for the appointment of a judicial district supervised visitation team. The bill passed 81 to 1.

-HB 1620, by Rep. Cyndi Munson and Sen. Robert Standridge, requires the State Board of Health to promulgate rules that require all medical and direct care staff of nursing and specialized facilities, adult day care centers, assisted living centers and home health agencies licensed by the State Department of Health to complete, at a minimum, one hour of in service training per year in Alzheimer's and dementia-related care. It provides the curriculum for the training. It requires the Board to promulgate rules establishing appropriate training requirements for support staff working in listed facilities. The bill passed 81 to 1.

-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 80 to 0.

-HB 1968, by Rep. Tess Teague and Sen. A J Griffin, allows an individual who inherits or purchases a licensed child care facility and operates the facility with the same personnel employed by the previous owner to continue to operate the facility under the same license and at the same star rating as the previous owner for a period of 90 days. It requires that the Department of Human Services be notified of any change in ownership within one business day and prior to the assumption of operations by the new owner. It provides specified conditions in which operations may continue. It provides for construction. The bill passed 78 to 1.

-HB 2039, by Rep. Kevin Wallace and Sen. Rob Standridge, allows a pharmacist or employee of a pharmacy to receive a prescription or deliver a legally filled prescription to a facility where medical care or pharmacy services are received by a patient. It requires the Board of Pharmacy to promulgate rules. It modifies definitions used therein. It allows naloxone to be prescribed and dispensed by a licensed pharmacist unless otherwise provided. It requires no dispensing protocol be required. It allows a pharmacist to exercise his or her professional judgment to dispense varying quantities of medication per fill-up to the total number of dosage units as authorized by the prescriber on the original prescription including any refills unless specified on the prescription that dispensing it is medically necessary. It provides for quantity limitations. The bill passed 81 to 0.


Other News

• The Department of Transportation announced this week the agency is suspending a number of construction projects because it is cash poor and could get poorer. Terri Angier, chief of the agency's media and public relations division, said ODOT is concerned about putting more projects under contract than it can afford to pay. In order to help state leaders address previous year's budget issues, Angier said the department has seen its cash reserves decline to a very low level.

On Monday, the Transportation Commission deferred issuing nine new contracts. Up to a dozen other projects that already have been awarded are being stopped, including the next phase of the Interstate 240/Interstate 35 exchange renovation. Division engineers also have been directed to develop "an exit strategy" for approximately 80 projects already underway in case there is not money to continue them.

• It was announced this week Governor Mary Fallin has been appointed co-chair of the Council of Governors by President Donald Trump. Fallin joins nine other governors in serving on the bipartisan national council that focuses on effective collaborative efforts between the federal and state governments on issues related to the National Guard, homeland security, and disaster response. Fallin will partner with Maj. Gen. Robbie Asher, Oklahoma's adjutant general, for any work related to the Council of Governors.

• On Wednesday, Governor Mary Fallin ordered special elections to fill the vacancies in Oklahoma Senate District 45, caused by the immediate resignation of Kyle Loveless, and Oklahoma House District 76, caused by last month's death of Rep. David Brumbaugh. The filing period for both special elections is June 5-7. The special primary election is set for Aug. 8 and the special general election is scheduled for Nov. 14. In the event a special primary election is not necessary, the special general election will be Aug. 8. Senate District 45 covers parts of Canadian, Cleveland and Oklahoma counties and House District 76 covers part of Tulsa County.