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Week In Review

Monday, April 16, to Friday, April 19, 2018

Monday, April 16, 2018

• The Senate met Monday and approved the following measures during its afternoon floor session:

-HB 3311, by Rep. Rhonda Baker and Sen. Micheal Bergstrom modifies state subject matter standards for history, social studies, and U.S. Government by including the content of the U.S. naturalization test. It requires the test be available in physical and electronic formats as an optional assessment tool for teachers. It removes U.S. Government from the U.S. History assessment, but requires the assessment emphasize civics. The measure and its emergency clause passed 32-8. The bill now goes to Gov. Mary Fallin for her consideration.

-HB 2548, by Rep. John R. Bennett and Sen. Mark Allen, changes the name of the MSG Joshua Wheeler, U.S. Army Delta Force Memorial Highway in Sequoyah County to the MSG Joshua Wheeler U.S. Army Memorial Highway. The bill and its emergency clause passed 41-0.

-HB 2634, by Rep. Greg Babinec and Sen. Jack Fry, affords any employee of the Department of Public Safety appointed to the position of Commissioner the right to return to the previous position of the employee without any loss of rights, privileges or benefits immediately upon completion of the duties as Commissioner, provided thee employee is not otherwise disqualified. The bill passed 39-0.

-HB 2643, by Rep. Dustin Roberts and Sen. Greg Treat, removes reference to the enhancement of punishment for driving under the influence of alcohol or other intoxicating substance. The bill and its emergency clause passed 38-0.

-HB 2772, by Rep. Mike Osburn and Sen. Adam Pugh, removes the hair braiding licensing requirement in the Oklahoma Cosmetology and Barbering Act. The bill passed 35-5.

-HB 2885, by Rep. Josh West and Sen. Casey Murdock, requires the Oklahoma Department of
Agriculture, Food, and Forestry to promulgate rules regarding the application and licensing process, including the expiration date of a farmed cervidae facility license, fees for farmed cervidae facility licenses and all renewals, procedures for the transfer of ownership, recordkeeping requirements, importation requirements, animal identification requirements, fencing requirements and limits on the size of licensed facilities, as well as flushing procedures prepared with the input from the Department of Wildlife Conservation to ensure no native cervidae remain in a newly established licensed enclosure. The bill passed 37-4.

-HB 2913, with title restored, by Rep. Mickey Dollens and Sen. Lonnie Paxton, creates the Oklahoma Industrial Hemp Agricultural Pilot Program. The bill defines applicable terms. The bill authorizes a registrant to engage in the growth and cultivation of industrial hemp from certified seeds for agricultural plant research and development purposes and to engage in the growth and cultivation of industrial hemp from certified seeds for marketing development purposes. The bill exempts the activities performed under the Oklahoma Industrial Hemp Agricultural Pilot Program from criminal liability under the Uniform Controlled Dangerous Substances Act. The bill requires the exemption be strictly construed and not apply to an activity that is not expressly permitted under the Oklahoma Industrial Hemp Agricultural Pilot Program. The bill requires an Oklahoma university wishing to engage in industrial hemp growth and cultivation authorized under the Oklahoma Industrial Hemp Agricultural Pilot Program to apply to the Oklahoma Department of Agriculture, Food, and Forestry for registration prior to planting the industrial hemp. The bill and its emergency clause passed 39-1.

-HB 3104, by Rep. Pat Ownbey and Sen. A J Griffin, requires health care professionals to report newborns that are substance affected, complying with federal law. It adds a definition of "plan of safe care" that is developed by Department of Human Services when it receives a referral that an infant has been diagnosed with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum Disorder but the referral is not accepted for investigation. It authorizes district courts to establish a "Zero to Three Court Program," meant to established by a judge with jurisdiction over juvenile court matters with the goals of reducing time to permanency of children 36 months of age or younger by surrounding at-risk families with support services, reducing incidences of repeat maltreatment and promoting effective interaction and the use of resources. It requires the Department of Human Services, Department of Mental Health and Substance Abuse Services and the Administrative Offices of the Courts to collaborate to provide services to the programs as resources are available. The bill and its emergency clause passed 40-0.

-HB 3123, by Rep. Meloyde Blancett and Sen. Roger Thompson, exempts from the sales tax the sale of tangible personal property or services to or by an organization that is exempt from taxes under the IRS Code as a 501(C)3, has a verified with a letter from the MIT Fab Foundation as an official member of the Fab Lab Network in compliance with the Fab Charter, and is able to provide documentation that their primary and principal purpose is to provide community access to advanced 21st Century manufacturing and digital fabrication tools for science, technology, engineering, art and math (STEAM) learning skills, developing inventions, creating and sustaining businesses and producing personalized products. The bill passed 27-13.

-HB 3152, by Rep. Jeff Coody and Sen. Paul Scott, creates the Oklahoma Education Act of 2018. The act allows local school board candidates or board members to be related within the second degree by affinity or consanguinity to any employee of the school district governed by the board if the school district has an ADM of less than 400 and the school board has previously adopted a policy stating such a candidate or board member does not attend or participate in any regular or executive session of the board held to consider any personnel matter or litigation relating to the school district employee. The bill passed 31-10. Its emergency clause passed 32-9.

-HB 3156, with title and enacting clause restored, by Rep. Earl Sears and Sen. Roger Thompson, eliminates the requirement that an incorporated city or town send the Tax Commission chair or their designee of a copy of the municipality's notice of a biennial town meeting or resolution calling for its regular municipal elections. The bill also increases from $10,000 to $25,000 the amount of minimum tax liability at which point no agreement to compound, settle or compromise such tax liability will be effective until the settlement has been approved by judgment of one of the judges of the district court of Oklahoma County, after a full hearing. The bill and its emergency clause passed 40-0.

-HB 3225, by Rep. Jadine Nollan and Sen. Roger Thompson, requires the Oklahoma Tax Commission to make tax credit data available on its website, free of charge and downloadable. It sets minimum standards for what type of information must be disclosed about each tax credit. The bill passed 40-0.

-HB 3353, by Rep. Sean Roberts and Sen. Nathan Dahm, allows a person in possession of a valid handgun license or who meets the criteria, and presents a valid military identification card, to carry a handgun while scouting. It provides that any property designated as a wildlife refuge or wildlife management area is excluded as prohibited places to carry. The bill passes 38-0.

-HB 3374, with title restored, by Rep. Kevin Wallace and Sen. Roger Thompson, allows the Oklahoma Tax Commission to enter into a contract with a private vendor in the marketing and sale of personalized or special license plates. It requires the Commission to establish administrative fees for license plates issues and renewed under the provisions of the bill. It requires fees be in addition to all other registration fees provided by the Oklahoma Vehicle License and Registration Act. The bill requires the designs remain property of the Commission and allows for approval of additional designs and color combinations for special plates. The bill passed 41-0.

-HB 3598, by Rep. Charles McCall and Sen. Greg Treat, requires the Agency Performance and Accountability Commission contract with the Attorney General, who will provide legal advice on any matter related to the powers and duties of the Commission. The bill passed 38-0.

• The House Appropriations and Budget Committee took up and passed several pieces of legislation on Monday including:

-SB 1581, by Sen. Kay Floyd and Rep. Leslie Osborn, with title stricken, renames the leave sharing program as the Leave of Last Resort program which will serve as the leave sharing program for state employees who have exhausted annual or sick leave to receive paid Leave of Last Resort through donated leave. It specifies when a qualified employee may use the program. It requires that donations to the leave bank may only be made from accrued sick or annual hours. It requires a minimum donation of accrued leave for an employee to become a member of the leave bank but makes donations strictly voluntary. It states that donated hours cannot be returned to the donor. It directs requests be made through the annual Benefit Open Enrollment Period, and additionally throughout the year if needed. It specifies how a member may access the program and outlines membership details. The bill directs the Human Capital Management Division of the Office of Management and Enterprise Services to develop a procedure to establish the donation process and define minimum donation requirements. It deletes obsolete language. The bill also directs the Human Capital Management Division to review and evaluate applications to determine leave awards. The bill outlines how awards may be granted and other eligibility criteria. It allows any unused donated leave balance by a member who receives donations and terminates employment with the state before they are exhausted, to be returned to the leave bank. It adds that members leaving employment with the state are not entitled to payment of awarded, but unused leave bank hours. It prohibits the estate of a deceased employee from being entitled to payment of unused leave bank hours. SB1581 passed on a unanimous vote of 25-0.

-SB 943, by Sen. Kay Floyd and Rep. Marcus McEntire, requires individual income tax and corporate income tax forms for tax year 2019 and beyond contain a provision to allow a donation from a tax refund for the benefit of the Oklahoma AIDS Care Revolving Fund. It requires money donated to be deposited in the Oklahoma AIDS Care Revolving Fund created by the bill. The bill appropriates money from the fund to the Department of Human Services for the purpose of providing grants to the Oklahoma AIDS Care Fund for purposes of emergency assistance, advocacy, education, prevention and collaboration with other entities. It establishes procedures for a taxpayer to request a refund.

-Amended CS for SB 1081, by Sen. Stephanie Bice and Rep. Mark Lawson, creates the Trust Fund of Oklahoma. It requires the fund to be administered by the Oklahoma Commission on Children & Youth. It requires the fund consist of donations and any interest and/or capital gains earned by the trust fund. It requires the fund be utilized in order to incentivize innovative programs that will improve the well-being and reduce the adverse childhood experiences of children in Oklahoma. The amendment prohibits the fund from being used to expand existing services or to support ongoing core services.

-SB 1118, by Sen. Ervin Yen and Rep. Dale Derby, modifies language relating to liens for hospitals, physicians and ambulance services providers.

-SB 1130, by Sen. Darcy Jech and Rep. Harold Wright, modifies the appointment of county election board secretaries. The bill requires the State Election Board to appoint the secretary of each county election board for a term of four years beginning May 1, 2019, and every four years thereafter. The bill increases county election board secretaries' salaries beginning May 1, 2019, and increases them again May 1, 2023. The bill clarifies language related to determining the number of registered voters.

-SB 1252, by Sen. Gary Stanislawski and Rep. John Pfeiffer, extends the sunset day of the Oklahoma Quality Events Incentive Act to June 30, 2021. It removes the requirement for an economic impact study and bases incentive payments on actual differences in sales tax collections. The bill requires the Oklahoma Tax Commission to designate one employee for the processing information, making determinations and any other duties related to the Oklahoma Quality Events Incentive Act.

-SB 1375, by Sen. Mark Allen and Rep. Steven Vaughan, with title and enacting clause stricken, clarifies reference to punishment for operating over-size and overweight vehicles. The bill allows certain overweight vehicles to operate on interstate highways. The bill sets penalties for operating certain overweight vehicles on state roadways. The bill changes the authority to promulgate rules regarding over-size and overweight vehicles and penalties from the Oklahoma Corporation Commission to the Department of Public Safety.

-SB 1515, by Sen. Eddie Fields and Rep. John Pfeiffer, creates the Oklahoma Water Resources Board Fee Revolving Fund to be budgeted for the purpose of duties imposed upon the Oklahoma Water Resources Board.

• The House met and approved the following bills:

-SB 1347, by Sen. Frank Simpson and Rep. Tommy Hardin, creates the Oklahoma Veterans Facility Investment Act of 2018. The bill authorizes the Oklahoma Department of Veterans Affair to plan, develop and construct a long-term care facility for the purpose of assuming the operations of the Oklahoma War Veterans Center established in Talihina. The bill permits the department to construct new facilities or refurbish any existing facilities on property currently owned by the State of Oklahoma or on property purchased or donated from other sources, including but not limited to private owners or other governmental or municipal entities. The bill requires the location of the facilities be subject only to such geographical constraints as are imposed by the United States Department of Veterans Affairs to preserve and continue recognition and certification of the facility as a State Veterans' Home. The bill requires the location and site of the facility be determined by the Oklahoma Veterans Commission and permits it to consider all criteria which, in its sole discretion, further the interests of Oklahoma veterans. It requires operations of the Oklahoma War Veterans Center established in Talihina to continue its operations are transferred to the location identified by the commission. The bill passed 54-42.

-SJR 35, by Sen. John Sparks and Rep. Charles McCall, proposes a vote of the people for approval or rejection of the creation of the Oklahoma Vision Fund to support the operation of state government. It requires the fund consist of annual deposits of at least 5 percent of the total collections of the gross production tax. It requires the funds be budgeted and expended in the same manner as the General Revenue Fund. It prohibits the funds from being used for service payments due on bonds or other financing instruments. It limits withdrawals from the fund to no more than 4 percent annually. It passed 94-3.

-SB 1134, by Sen. A J Griffin and Rep. Leslie Osborn, permits Oklahoma Lottery Commission offices and employees whose duties require participation in investigations conducted to purchase lottery tickets only when part of an official lottery investigation that is approved in advance by the executive director or their designee. The bill prohibits any ticket purchased from being shared or assigned in any manner to an otherwise eligible participant. It also prohibits the officer or employee authorized to purchase a ticket from retaining any prize or winnings that may result from the winning ticket and from having a right to any prize or winnings. It passed 94-2.


Tuesday, April 17, 2018

• The Senate met in full session most of Tuesday, approving the following bills:

-CCR for SB 649, by Sen. Greg Treat and Rep. Terry O'Donnell, revises penalty enhancements for certain felonies. The bill allows habitual nonviolent offenders' sentences to be enhanced so that they receive a sentence of up to twice the maximum penalty authorized for the first offense. It excludes simple possession of drugs from being used as a prior felony conviction in the enhancement of a subsequent sentence. The CCR was adopted by unanimous consent and the bill passed 39-1

-Second CCR for 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 CCR was adopted by unanimous consent and the bill passed 38-0.

-CCR for SB 689, by Sen. Greg Treat and Rep. Terry O'Donnell, permits a court imposing a sentence to modify the sentence of any offender sentenced to life without parole for an offense other than a violent crime, who has served at least 10 years of the sentence in the custody of the Department of Corrections upon a finding that the best interests of the public will not be jeopardized, provided that prior to granting a sentence modification the court provides notice of the hearing to determine sentence modification to the victim or representative of the victim and allows the victim or representative of the victim the opportunity to provide testimony at the hearing. The bill requires the court to consider the testimony of the victim or representative of the victim when rendering a decision to modify the sentence of an offender. The bill modifies language related to the Court of Criminal Appeals implementing procedures and rules for methods of establishing payment plans of fines, costs, fees, and assessments by indigents. The bill provides any departure from the mandatory minimum sentence not reduce the sentence to less than 25 percent of the mandatory term. The bill modifies language related to risk and needs assessments. The CCR was adopted by unanimous consent and the bill passed 39-1.

-CCR for SB 786, by Sen. Greg Treat and Rep. Ben Loring, provides that every person who breaks and enters on any commercial or residential property or any room, booth, tent, railroad car, automobile, truck, trailer, outbuilding or vessel of another, in which any property is kept, with intent to steal any property therein or to commit any felony, is guilty of burglary in the third degree. The bill establishes a penalty for burglary in the third degree. The CCR was adopted by unanimous consent and the bill passed 35-3.

-CCR for SB 793, by Sen. Greg Treat and Rep. Chris Kannady, modifies prison sentences for transporting or possessing with intent to distribute a Schedule 1 or II controlled dangerous substance, except marijuana; for transporting or possessing with intent to distribute a Schedule III, IV or V controlled dangerous substance or marijuana; for an imitation controlled substance; for manufacture or distribution of a controlled dangerous substance; for using or soliciting the use of services of a person less than 18 years of age to distribute, dispense, transport with intent to distribute or dispense or cultivate a controlled dangerous substance or by distributing a controlled dangerous substance to a person under 18 years of age; and for transporting with intent to distribute or dispense, distributing or possessing with intent to distribute a controlled dangerous substance to a person in, on, or within 2,000 feet of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, or other institution of higher education, recreation center or public park, including state parks and recreation areas, public housing project, or child care facility. The bill modifies references to cocaine. The bill modifies language and punishments related to trafficking. It removes the requirement that someone convicted of transporting a Schedule V controlled dangerous substance be guilty of a felony and sentenced to a term of imprisonment for not more than five years and a fine of not more than $1,000. The CCR was adopted by unanimous consent and the bill passed 39-1.

-HB 2625, with title restored, by Rep. Kevin West and Sen. Micheal Bergstrom, clarifies reference to carrying a firearm in the state to throughout the state. The bill passed 37-0.

-HB 2952, by Rep. Jeff Coody and Sen. Paul Scott, modifies the definition of "aircraft" as it relates to the management of depredating animals by use of aircraft. It restores deleted language that would have eliminated requirements to provide notice prior to managing depredating animals by use of an aircraft. The bill passed 33-2.

-HB 3017, by Rep. George Faught and Sen. John Sparks, directs the Department of Mental Health and Substance Abuse Services to promulgate rules regarding the counseling of state employees after being involved in, witnessing or are otherwise exposed to a violent or traumatic event in the workplace. The bill and its emergency clause passed 36-0.

-HB 3070, by Rep. Rande Worthen and Sen. Greg Treat, decreases penalties relating to the Oklahoma Pawnshop Act if the value of the item is $1,000 or less, unless the property is one or more firearms. The bill passed 37-1.

-HB 1461, by Rep. Greg Babinec and Sen. Paul Rosino, deletes a reference to the American Correctional Association Standards and the Jail Inspection Division of the State Department of Health relating to the inspection of city and county jails. The bill passed 43-0.

-HB 2259, by Rep. Dell Kerbs and Sen. Ron Sharp, specifies that teachers of children under the age of 18 are mandatory reporters of suspected child abuse or neglect. It establishes a specific time frame of 48 hours in which persons who suspect a child is being abused or neglected must report it. The bill passed 43-0.

-HB 2518, by Rep. Pat Ownbey and Sen. Frank Simpson, allows the Board of Nursing to send material to an individual's address of record with the board in any proceeding in which the board is required to serve an order. It requires an applicant for any type of multistate license to submit a criminal background check. It exempts any individual continuously enrolled in the Federal Bureau of Investigation's Rap Back Service since issuance of an initial multistate. The bill passed 34-8.

-HB 2524, by Rep. Bobby Cleveland and Sen. Rob Standridge, requires the establishment of an anonymous complaint system at the Department of Human Services for reporting and investigating complaints or grievances about employees of the department who retaliate against a child care facility or facility employee. The bill passed 43-0.

-HB 2581, by Rep. Mark Lepak and Sen. Marty Quinn, increases the minimum size of properties authorized to withdraw from a fire protection district to three acres. The bill passed 43-0.

-HB 3053, by Rep. Kyle Hilbert and Sen. Lonnie Paxton, allows a voter to take a digital photograph of his or her marked ballot and distribute or share the image via social media or any other means if performed voluntarily and in compliance with federal law. The bill requires an absentee ballot be accompanied by a plain opaque envelope in which voted ballots must be placed by the voter; an envelope bearing an affidavit stating that the voter is qualified to vote, and that the voter has personally marked the ballots, and has not exhibited the marked ballots to any other person; a return envelope addressed to the secretary of the county election board; and a notice that it is illegal for a Notary Public in this state to charge a fee to notarize an official absentee ballot affidavit. The bill passed 36-6.

-HB 3064, by Rep. Terry O'Donnell and Sen. Marty Quinn, requires the Office of the Attorney General to promulgate rules to establish and maintain the Vulnerable Adult Abuse, Neglect and Exploitation Registry and requires the Registry to contain information regarding the individual being registered. The bill passed 34-9.

-HB 3085, by Rep. Josh Cockroft and Sen. Rob Standridge, allows counties to adopt a performance-based adjustment program for county officers, deputies or county employees and establishes requirements for a written plan. It prohibits a county from awarding a performance-based adjustment to any employee based upon a performance evaluation which is more than one year old. The bill passed 43-0.

-HB 3115, by Rep. Carl Newton and Sen. Paul Rosino, requires every person seeking to practice optometry to submit to a national criminal background check. It requires the person to pay the cost of the background check. The bill passed 43-0.

-HB 3151, by Rep. Jeff Coody and Sen. Lonnie Paxton, exempts inspections required pursuant to the Boiler and Pressure Vessel Safety Act that are conducted incidental to the issuance or renewal of boiler and machinery insurance from subjecting an insurer, whether domestic or foreign, its agents or its employees to liability for damages for any act or omission in the course of performing inspections. The bill states the exemption does not apply if the gross negligence of the insurer, its agent or its employee created the condition that was the proximate cause of the injury, death or loss. The bill passed 34-8.

-HB 3470, by Rep. John Jordan and Sen. Lonnie Paxton, directs funds received through a specified contract between a county sheriff and the Department of Justice of the United States of America, the Department of Corrections or any municipality to the Sheriff's Service Fee Account. The bill passes 43-0• HB3472, by Rep. John Jordan, R-Yukon and Paxton, repeals language related to the inspection of county buildings by sheriff. The bill passed 43-0.

• The Senate adjourned the Second Extraordinary Session of the 56th Legislature sine die Tuesday. Tuesday was the thirtieth legislative day in the Senate for the second special session, which began Dec. 18, 2017.

• The House debated several bills on Tuesday, approving the following:

-SB 925, by Sen. Roger Thompson and Rep. Mike Osburn, requires an agency that intends to contract to privatize a function, program, service, unit or division valued at $1M to perform a cost analysis and provide a copy of the report to the Office of Management and Enterprise Services. It modifies the responsibilities of an agency under the Oklahoma Privatization of State Functions Act. The bill passed 68-22.

- CCR to HB 2281, by Rep. Terry O'Donnell and Sen. Greg Treat, modifies the penalties and fines associated with the unlawful delivery of goods, false personation, credit or debit card crimes, forged instruments or coins, larceny of lost property and theft of aircraft, automobile or construction equipment. It passed 80-3.

-CCR for HB 2286, by Rep. Terry O'Donnell and Sen. Greg Treat, states the legislative intent in relation to the Pardon and Parole Board. It requires any person in the custody of the Department of Corrections must serve one-fourth of the sentence before the application of earned credits or any other type of credits, such that no credits shall have the effect of reducing the length of the sentence to less than one-fourth of the sentence imposed for crimes committed on or after July 1, 2017. The bill modifies eligibility requirements for Board members. It requires the Board to include an administrative parole dock to each district attorney in the state. The bill modifies parole eligibility for persons in the Department's custody for a crime committed on or after July 1, 2017. It requires the Board to state on the record reasons for denying parole. It requires the Board to suggest a course of remediation for an inmate convicted of certain crimes outline therein if the inmate is denied parole. The bill requires the Board to consider provided information when determining the suitability of an inmate for parole. The CCR for HB2286 passed 84-5.

-SB 1388, by Sen. Greg Treat and Sen. Roger Thompson, creates the Oklahoma Small Wireless Facilities Deployment Act. The bill states legislative findings. It defines applicable terms. The bill establishes it is applicable only to activities of a wireless provider within the rights-of-way to deploy small wireless facilities and associated utility poles. It prohibits an authority from entering into an exclusive arrangement with any person for use of the rights-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, or replacement of utility poles. It permits an authority only to charge a wireless provider a rate or fee for the use of the rights-of-way with respect to the collocation of small wireless facilities or the installation, maintenance, modification, operation or replacement of a utility pole in the right-of-way, if the authority charges other entities for use of the rights of way. It permits an authority, on a nondiscriminatory basis, to refrain from charging any rate to a wireless provider for the use of the right-of-way. The bill establishes permitting procedures and limitations. The bill creates notice procedures. The measure passed 86-1.

-SB 1198, by Sen. Gary Stanislawski and Rep. Tammy West, modifies the weight assigned to each grade level in the calculation of Foundation Aid. SB1198 passed unanimously.

-SB 1196, by Sen. Gary Stanislawski and Rep. Jadine Nollan, allows a high school student who meets the eligibility requirements for concurrent enrollment or dual enrollment to be entitled to participate in a program offered by any institution within The Oklahoma State System of Higher Education, regardless of location. It allows a school district that offers an early college high school program in which eligible students can earn concurrent or dual enrollment credit to be entitled to partner with any institution within The Oklahoma State System of Higher Education, regardless of location. SB1166 passed unanimously.

-SB 904, by Sen. Wayne Shaw and Rep. Bobby Cleveland, modifies the criteria for offenders to qualify to participate in state-funded community punishments. It removes excludes offenders scoring in a range other than the low range on the LSI assessment and having at least one prior felony conviction. It passed 79-1.

-SB 908, by Sen. Roger Thompson and Rep. Greg Babinec, adds the sidearm carried by a Department of Corrections correctional officer to the list of items the individual may retain upon retirement. It passed 81-0.

-SB 932, by Sen. Frank Simpson and Rep. Tommy Hardin, permits any Oklahoma Department of Veterans Affairs employee to be granted administrative leave with pay for volunteer service activities under such terms and limitations as the Executive Director may establish, in service to veterans or dependents of veterans in the state that meet one or more of the following criteria: The activity is directly related to the Department's mission; the activity is sponsored or sanctioned by or in partnership with the Department; or the activity will enhance the development or skills of the employee in his or her current position. It passed 87-0.

-SB 979, by Sen. A J Griffin and Rep. Pat Ownbey, modifies language related to court orders for medical support. The bill changes the term "health insurance" to "health care coverage" and modifies its definition to include additional types of coverage. It modifies the definition of the terms "cash medical support" and "reasonable in cost." The bill removes language for determining the manner in which health care coverage for the child is to be ordered. It requires the responsible parent to be order to pay cash medical support when there is no health care plan available for the child, the only health care plan available for the child is a governmental medical assistance program or health plan, or a party shows reasonable evidence of domestic violence or child abuse, such that an order for health care coverage is inappropriate and the disclosure of information could be harmful to a party, custodian, or child. It clarifies language related to the termination of cash medical support. The bill requires termination and reinstatement of cash medical support be according to rules promulgated by the Department of Human Services in Title IV-D cases. It passed 85-0.

-SB 1050, by Sen. Lonnie Paxton and Rep. Lewis Moore, modifies the definition of the term "insurance agent" to remove language that provides it means the same as the term "insurance producer" and defines the term to mean an insurance producer properly appointed by an insurance carrier to act as an agent for that insurance carrier. The bill repeals language related to the Oklahoma Life, Accident and Health Brokers Act. It passed on a vote of 72-14.

-SB 1053, by Sen. Frank Simpson and Rep. Tommy Hardin, authorizes the Department of Veterans Affairs to obtain certification through the Centers for Medicare and Medicaid Services and accept payments and reimbursements from Medicare and Medicaid programs for services provided through Oklahoma Veterans Centers. It authorizes the department to promulgate necessary rules. It passed 81-0.

• Gov. Mary Fallin signed several bills into law on Tuesday, including:

-HB 1124, by Rep. Kyle Hilbert and Sen. James Leewright, creates the Justice for Danyelle Act of 2018. It adds the residence of a victim of a sex crime to the zone of safety in which a sex offender is not permitted to live. It also prohibits a person from loitering within 1,000 feet of the residence of his or her victim if the person who committed a sex crime against the victim has been convicted of the crime, and the person is required to register pursuant to the Sex Offenders Registration Act.

-HB 2522, by Rep. Randy McDaniel and Sen. Gary Stanislawski, appropriates $6M to the Employment Security Administration Fund used by the Oklahoma Employment Security Commission for the purpose of paying administrative expenses for the Employment Service Program and Unemployment Insurance Program. The bill takes effect Nov. 1.

-HB 2552, by Rep. Pat Ownbey and Sen. A J Griffin, prescribes rights for children in the custody of the Department of Human Services. It provides for exemptions. It allows a child to motion the court for appropriate equitable relief for violations of the rights prescribed therein or file a grievance with the Office of Client Advocacy. It requires the Department to establish grievance procedures for foster children in its custody. It requires that since one or more of the enumerated rights therein may conflict a balanced approach to protect a child's rights must be pursed and take into account both the child's unique circumstances and what is in said child's best interest.

It specifies when and to whom a statement of the rights enumerated therein must be provided. It allows any child aggrieved by a violation of these rights to seek intervention by a court with jurisdiction over the child to make it aware of the grievance and obtain, if warranted, appropriate equitable relief. It authorizes the court, in its discretion, to waive the prior exhaustion of administrative remedies. The bill takes effect Nov. 1.

-HB 2917, by Rep. Jeff Coody and Sen. Larry Boggs, modifies the definition of the term "resident" as it relates to the Department of Wildlife Conservation. The bill removes the requirement that a driver's license be from Oklahoma. The bill takes effect Nov. 1.

-HB 3416, by Rep. John Pfeiffer and Sen. Larry Boggs, removes limitation of applicability of the Oklahoma Limitation of Liability for Farming and Ranching Land Act. The bill lacks an effective date and emergency clause, which means the law will take effect 90 days after the Legislature adjourns regular session sine die.

-HB 3417, by Rep. John Pfeiffer and Sen. Larry Boggs, renames the Eastern Red Cedar Registry Board the Redcedar Management Act and clarifies statutory language throughout. The bill requires the Department of Agriculture, Food and Forestry to create a directory instead of a registry. The bill eliminates the Eastern Red Cedar Registry Board and registry. It changes the name of the Eastern Red Cedar Revolving Fund into the Eastern Redcedar Revolving Fund. It repeals language related to the Eastern Red Cedar Registry Board, and support for the Eastern Red Cedar Registry Board from the Department of Agriculture, Food, and Forestry. The bill takes effect Nov. 1.

-SB 527, by Sen. Gary Stanislawski and Rep. Randy McDaniel, allows a statewide elected official to participate in the Oklahoma Public Employees Retirement System if they have prior service in the benefit plan. It requires election to participate to be made within 60 days of the effective date and requires the benefit plan to take effect immediately. The bill takes effect Oct. 1.

-SB 1042, by Sen. Anastasia Pittman and Rep. Mike Osburn, modifies language related to the preparation of certain municipal financial information for the State Auditor and Inspector. The bill takes effect Nov. 1.

-SB 1529, by Sen. Dave Rader and Rep. Carl Newton, requires new nonresidential elevators be inspected by the Commissioner of Labor or designee under the Elevator Safety Act. The bill gives property owners a reasonable period of time as determined by the Commissioner to be in full compliance with correcting any violations found. The bill permits an owner, operator or installer of a new residential elevator to request the Department of Labor to conduct a review of a planned new installation for compliance with the provisions of the Elevator Safety Act and Department regulations. It requires the review be performed in accordance with department regulations regarding installation permits and it permits the department to charge a fee for the review. The bill provides that the review will not subject the owner, operator or installer to any additional responsibilities under the Elevator Safety Act, which are not otherwise required prior to the voluntary review. The bill takes effect Nov. 1.


Wednesday, April 18, 2018


• The Senate met on Wednesday and approved the following legislation:

HJR 1043, by Rep. Mark Lepak and Sen. Micheal Bergstrom, proposes a delegation of commissioners be authorized to attend and participate in a gathering of states proposed by any state legislature for the purposes of developing rules and procedures for an Article V Convention for proposing amendments to the United States Constitution to require a balanced federal budget, or to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government and to limit the terms of office for federal officials and members of Congress and for proposing an initial date and location for the meeting of the several states in an Article V Convention. It establishes the procedures for selecting the commissioners and participating in the gathering of states. HJR1043 passed 26-15.

-HB 1155, with title restored, by Rep. Charles McCall and Sen. Greg Treat, requires the Office of Management and Enterprise Services to file a quarterly report with the Offices of the Governor, President Pro Tempore of the Senate, and Speaker of the House of Representatives listing, by agency, all increases in wages or changes in title or classification of each employee. The bill passed 41-0.

-HB1401, by Rep. John Montgomery and Sen. John Sparks, creates the Oklahoma Legacy Act and creates the Oklahoma Legacy Fund. It provides for collection, apportionment and deposit of monies into the fund and provides for investment and reinvestment of funds. The bill creates the Common Schools Legacy Fund. It provides for collection, apportionment and deposit of monies into the fund. It provides for investment and reinvestment of funds. The bill creates a subfund of the Oklahoma Legacy Fund designated as the Higher Education Legacy Fund. It requires the State Auditor and Inspector to conduct an audit of each fund every two years. It requires the gross production tax revenues provided therein be levied and be collected and apportioned for specific purposes. It provides the provisions therein not take effect until the first July 1 date immediately following an annual determination, to be made by the Office of Management and Enterprise Services and reported to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate, not later than April 15 or the first business day following such date, that the total collections for the General Revenue Fund of the state for the fiscal year ending on the June 30 date immediately preceding the April 15 date upon which the determination has been reported, were equal to or in excess of the total collections to the General Revenue Fund for the fiscal year ending June 30, 2014, as certified by the State Board of Equalization at its December 2014 meeting. It requires the provisions therein be operative for any fiscal year beginning July 1 if the revenue conditions are fulfilled as reported by the Office of Management and Enterprise Services. It requires that the provisions of this act not be operative as law for any fiscal year beginning July 1 if the revenue conditions described by subsection A of this section are not fulfilled as reported by the Office of Management and Enterprise Services. The bill passed 43-0.

-HB 2539, by Rep. Cyndi Munson and Sen. Julie Daniels, exempts the Office of Juvenile Affairs from affixing the words "State of Oklahoma" and the name of the agency on the vehicles it owns or leases. The bill passed 42-0.

-HB 2843, by Rep. Matt Meredith and Sen. Dewayne Pemberton, requires any hospital, clinic, laboratory, pathologist, physician, dentist or any facility providing diagnostic or treatment services for cancerous diseases and precancerous conditions to report any or all data and information necessary for the purposes therein. The bill passed 34-9.

-HB 3042, by Rep. Chris Kannady and Sen. Frank Simpson, allows the Department of Veterans Affairs to develop and construct a long-term care facility for the purpose of assuming the operations of the Oklahoma Veterans Center established in Talihina. The bill passed 31-11.

-HB 3086, with title restored, by Rep. Josh Cockroft and Sen. Jason Smalley, designates employees hired for service after January 1, 2019 at the Southwest Oklahoma Juvenile Center in Manitou be considered unclassified and employed in a term-limited appointment. The bill passed 42-0.

-HB 3129, by Rep. Dustin Roberts and Sen. Casey Murdock, expands specified county operation procedure requirements to road and bridge construction services. It increases the amount subject to specified purchase procedures. It specifies counties ability to provide certain bids to road and bridge projects and contracts. The bill passed 42-0.

-HB 3131, by Rep. Greg Babinec, Sen. Casey Murdock and Sen. Larry Boggs, changes the requirement that the Oklahoma Highway Patrol's vehicles be black and white to the option of black or white squad cars. The bill passed 29-13.

-HB 3220, as amended and with title and enacting clause restored, by Rep. Jadine Nollan and Rep. Jason Smalley, authorizes the State Board of Career and Technology Education to develop a certification system for teachers and instructors who teach in technology center school districts. It requires such a system to be competency-based. It requires the Board to promulgate rules. The amendment removed language that was duplicated in the bill. The bill and the emergency clause passed 42-0.

-HB 3244, by Rep. Lewis Moore and Sen. Bill Brown, repeals the Oklahoma Individual Health Insurance Market Stabilization Act. The bill passed 43-0.

-HB 3281, by Rep. Chris Kannady and Sen. Kim David, prohibits a claimant from being precluded from pursing a subsequent action for the payment of rent or any other monetary relief if the court only renders a judgment for restoration of possession of the premise as it relates to forcible entry.

-HB 3318, by Rep. Scott Fetgatter and Sen. Stephanie Bice, allows for the sale of any equipment by the board of county commissioners to sell real property, upon majority vote, without any bidding procedure or auction, directly to any person or entity for an amount that is less than market value of the property if there are no bids submitted. It requires that if no bids are submitted or all bids are less than the market value of the real property after 15 days from the date of the second publication of notice of sale, a board of county commissioners have the right to sell real property, upon majority vote, without bidding procedure or auction directly to any person or entity for an amount that is not less than the highest bid previously submitted through any previous bidding procedures provided therein. The bill passed 42-0.

-HB 3328, as amended, by Rep. Marcus McEntire and Sen. Adam Pugh, creates the Commission on the Prevention of Abuse of Elderly and Vulnerable Adults to study, evaluate and make recommendations for any changes to state policy, rules or statutes to better provide adequate protections and services for individuals who may be at risk for abuse, neglect or exploitation. The bill sets membership and meeting requirements and prohibits members from receiving compensation. It requires the Attorney General chair the commission. It provides no reimbursement for travel for members. The amendment clarifies that the Attorney General may appoint a designee to commission. The bill passed 40-0.

-HB 3592, with title and enacting clause restored, by Rep. Charles McCall and Sen. Jason Smalley, provides that if a student withdraws from a class in which he or she has received an award from the Oklahoma Higher Learning Access Program, the awarded funds are to remain available for the student to use to enroll in classes for a five-year period. It indicates that if the student does not use the awarded funds during the five-year period, the funds will be available for use for other students in the Oklahoma Higher Learning Access Program. The bill directs the Oklahoma State Regents for Higher Education to promulgate rules. The bill passed 43-0.

-HCR 1013, by Rep. Chuck Hoskin and Sen. John Sparks, requests that the Congress of the United States either extend the Route 66 Corridor Preservation Program or designate Route 66 as a National Historic Trail.

-HB 2932, by Rep. Glen Mulready and Sen. Adam Pugh, requires able-bodied Medicaid recipients to meet the same qualifications as Supplemental Nutrition Assistance Program (SNAP) participants to receive medical coverage. It prohibits an individual from being eligible to participate in Medicaid unless they are: working 20 hours or more per week, averaged monthly; participating in and complying with the requirements of a work program 20 hours or more per week; volunteering 20 hours or more per week; meeting any combination thereof or participating and complying with the requirements of a workfare program. It sets new exemptions for the Medicaid work requirements described therein. It requires the Oklahoma Health Care Authority to submit any state plan amendment or waiver needed to implement the provisions therein. It requires the Oklahoma Health Care Authority (OHCA) and Department of Human Services (DHS) to promulgate rules. The bill passed 31-11 with its title restored. It now must return to the House for final consideration.

-HB 2567, by Rep. Ross Ford and Sen. Nathan Dahm, exempts municipal, county or state law enforcement officers certified by the Council on Law Enforcement Education and Training from jury duty. The bill passed 34-5.

-HB 2691, as amended, by Rep. Travis Dunlap and Sen. Adam Pugh, requires an advisory committee of representatives of child care facilities to designate two people to serve on the Department of Human Services' Stars Administrative Review Panel and at least one designee by the owner or operator of a licensed child care center. The amendment provides the supervision be in accordance with DHS rules. The bill and its emergency clause passed 40-2.

-HB 2825, by Rep. Scott McEachin and Sen. Nathan Dahm, directs the Department of Human Services to pursue service providers for training program referrals. The bill passed 40-0.

• The House passed the following measures on Wednesday:

-SB 1446, by Sen. Anthony Sykes and Rep. Dale Derby, requires the Board of Medical Licensure to require a licensee receive not less than one hour of education in pain management or opioid use and addiction each year preceding an application for renewal of a license, unless the licensee has demonstrated to the satisfaction of the Board that the licensee does not currently hold a valid federal Drug Enforcement Administration registration number. It modifies the definition of "unprofessional conduct" by including the prescribing, dispensing or administering opioid drugs in excess of the authorized maximum dosages. It adds various definitions as used in the Uniform Controlled Dangerous Substances Act relating to the prescribing of opioids. It requires that the failure of a registrant to access and check the central repository is grounds for disciplinary action. It allows Oklahoma Bureau of Narcotics and Dangerous Drugs to make unsolicited notifications to the licensing boards of a pharmacist or practitioner. It restricts initial prescriptions for opioids to a seven-day supply. It requires a review of the course of treatment for any patient who is continuously prescribed an opioid or other Schedule II controlled substance for three months. It requires the Insurance Department to evaluate the effect of the limits on prescriptions of opioid medication on claims paid by health insurance carriers. The bill passed on a unanimous vote of 89-0.

-SB 114, by Sen. Ron Sharp and Rep. Mike Osburn, modifies language related to the allocation of funds to the District Court Revolving Fund. The bill specifies that the monies are allocated by the Supreme Court for the administration of the district courts and that monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Supreme Court as necessary to perform the duties imposed upon the district courts by law. It passed on a vote of 87-0.

-SB 337, by Sen. Tom Dugger and Rep. Greg Babinec, requires each retailer or vendor making sales of tangible personal property from a place of business outside this state for use in this state that does not collect use tax shall file an annual statement for each purchaser to the Oklahoma Tax Commission on such forms as are provided or approved by the Tax Commission showing the total amount paid for Oklahoma purchases made by the purchaser during the preceding calendar year or any portion thereof, and such annual statement shall be filed on or before March 1 of each year. It allows the Tax Commission to require any retailer or vendor that does not collect use tax, and that makes total Oklahoma sales of more than $100,000 in a year, to electronically file an annual statement. It establishes penalties for those found in violation of this provision. It passed 72-17.

-SB 340, by Sen. Greg Treat and Rep. Elise Hall, allows the municipal judge to direct a defendant to perform community service at a rate of not less than the current federal minimum wage for any person convicted of violating any ordinance of a city and sentenced to pay a fine and costs and is without the means to do so. It passed 87-0.

-SB 1172, by Sen. Greg Treat and Rep. Chris Kannady, allows a loan database provider to charge a supervised lender a verification fee for access to the loan database and for submission of information to the database for each month that a loan payment balance is scheduled and outstanding on a supervised loan transaction. It requires all verification fee amounts charged by a loan database provider to a supervised lender to be approved by the Administrator of Consumer Affairs and established by rule. It passed 51-40.

-SB 1180, by Sen. Larry Boggs and Rep. Jeff Coody, removes the requirement that the Oklahoma Wildlife Conservation Commission must conduct a contest for selecting the waterfowl stamp art and instead makes said contest optional. It passed 84-3. The next bill, SB1044, passed 83-4.

-SB 1044, by Sen. Jack Fry and Rep. Scott Fetgatter, adds road and bridge construction services to the procedure for requisition, purchase, lease-purchase, and rental-supplies, material, and equipment for maintenance, operation, and capital expenditures of county government. The bill provides that its provisions do not prohibit counties from providing material and/or services bid on their 12-month bid list to all road and bridge projects and contracts.

SB 1576, by Sen. Mike Schulz and Rep. Charles Ortega, prohibits the construction or operation of a proposed wind energy facility or proposed wind energy facility expansion from encroaching upon or otherwise having a significant adverse impact on the mission, training or operations of any military installation or branch of military as determined by the Department of Defense Siting Clearinghouse, the Federal Aviation Administration and the State of Oklahoma. It provides areas of impact include but are not limited to military training routes, drop zones, approaches to runways and bombing ranges. It prohibits any wind energy facility from being constructed or expanded unless an active Determination of No Hazard or an approved mitigation plan is obtained. It requires the owner of a wind energy facility to submit a letter from the Oklahoma Strategic Military Planning Commission to the Department of Defense Siting Clearinghouse outlining potential areas of impact and requires the letter and the Determination of No Hazard or mitigation plan be filed with the Corporation Commission. It provides the requirement do not prohibit the consideration of an application or the issuance of a permit for a wind energy facility or wind energy facility expansion if those facilities or facility expansions obtain a written Determination of No Hazard or mitigation plan from the Department of Defense Siting Clearinghouse on or before the effective date of the bill. It requires the Corporation Commission to promulgate necessary rules. The bill establishes notice requirements.

• Gov. Mary Fallin signed the following bills into law on Wednesday:

-HB 2651, by Rep Steven Vaughn and Sen. Frank Simpson, permits Oklahoma's public safety commissioner to choose training material from Truckers Against Human Trafficking for education on recognizing, preventing and reporting human trafficking for drivers applying for Class A, B or C commercial licenses. The public safety commissioner is required to regularly review and update the training to ensure it is up to date on changes and trends in human trafficking. It takes effect Nov. 1.

-HB 2635, by Rep. Greg Babinec and Sen. Wayne Shaw, prohibits the Motor Vehicle Report as collected by the Department of Public Safety from being deemed a "public civil record" and not subject to expungement. The bill takes effect Nov. 1.

-HB 2651, by Rep. Steven Vaughan and Sen. Frank Simpson, requires the course of study training students for specified commercial licenses to include training on the recognition, prevention and reporting of human trafficking. It provides for regular review and updating of the content included in the training as well as specified collaboration in developing it. It requires the publication content on the training in a manner that is likely to be read by holders of or people training to obtain certain commercial licenses. The bill takes effect Nov. 1.

-HB 2911, by Rep. Mickey Dollens and Sen. Adam Pugh, creates the Work-based Learning Program. It grants the Governor's Council on Workforce and Economic Development authority over the Program. It requires the Governor's Council to initiate and coordinate the program by creating partnerships with the State Department of Education, the State Regents for Higher Education, the State Department of Career and Technology Education and business entities throughout the state. It authorizes any established office of workforce development in this state shall to develop and maintain a work-based learning program within its jurisdiction to be focused on increasing the number of registered apprenticeships and internship programs in this state to at least an aggregate of 20,000 positions by the end of 2020. The bill takes effect Nov. 1.

-HB 3089, by Rep. Josh Cockroft and Sen. Darcy Jech, allows groundwater rights to be severed from surface rights, upon the written request of the owner of land to be acquired. It prohibits however an owner of groundwater rights from having a right of access to the Oklahoma Turnpike Authority's surface rights. The bill takes effect Nov. 1.

-SB 898, by Sen. Roger Thompson and Rep. Greg Babinec, expands the discussions allowed in public bodies' executive sessions to include matters involving safety and security at state penal institutions or correctional facilities used to house state inmates and contract negotiations involving contracts for which the public body has the duty to approve. It limits who can attend the executive sessions to board members, their staff and attorney and prohibits anyone who would benefit from the contract. The bill took effect immediately upon the governor's signature.

-SB 1089, by Sen. Micheal Bergstrom and Rep. Terry O'Donnell, changes the prohibition on single axle weight not exceeding 20,000 pounds from roadways to interstates. It establishes that no single axle weight can exceed 23,000 pounds on any state road or highway. It modifies the limit on tandem axels to 34,000 pounds on any interstate highway or 46,000 pounds on any state road or highway. The bill takes effect July 1.


Thursday, April 19, 2018

• The House met Thursday and approved several pieces of legislation before adjourning for the weekend, including the following:

-SB 1538, by Sen. Jack Fry and Rep. Tess Teague, requires that all licenses expire on the last day in the birth month of the licensee under the Oklahoma Inspectors Act. The bill passed 55-30.

-SB 1520, by Sen. Marty Quinn and Rep. John Paul Jordan, modifies the position of State Liquefied Petroleum Gas Administrator to require for two years’ experience as an LPG safety code enforcement officer. The bill removes language exempting transport trucks transporting liquefied petroleum gas out of state from paying permit fees. The bill removes language requiring bulk deliveries at retail be metered in accordance with rules promulgated by the board. The bill and its emergency clause passed 88-0.

-SB 1261, by Sen. Nathan Dahm and Rep. Bobby Cleveland, repeals the Oklahoma Centennial County Courthouses Preservation Act and the Oklahoma Capitol Complex Centennial Commission Act. It passed 64-25.

-SB 883, by Sen. Roger Thompson and Rep. John Montgomery, extends to Jan. 1, 2022, the tax credit for fees paid by banks and credit unions under the Small Business Administration "7(a)" loan guaranty program. It passed 74-14.

-SB 922, by Sen. Frank Simpson and Rep. Tommy Hardin, requires the Oklahoma Department of Veterans Affairs to establish the Oklahoma Women Veterans Program that will be housed within the office of the executive director. It provides the mission of the program will be to ensure that women veterans in the State of Oklahoma have equitable access to federal and state veterans' benefits and services. It requires the executive director to designate a women veterans coordinator for the State of Oklahoma. The bill establishes the program's requirements. It permits the department, on behalf of the program, to accept and spend funds appropriated to the department for the operation of the program and received from other sources, including donations and grants and to provide matching grants to assist in the implementation of the program's goals and objectives. It requires the department not later than Nov. 1 of each even-numbered year to submit to the Governor, Lieutenant Governor, Oklahoma Veterans Commission and the Legislature a report on women veterans in the state. The bill permits the report to be delivered electronically and establishes requirements for the report. The bill authorizes the Oklahoma Veterans Commission to promulgate necessary rules. It passed 89-0.

-SB 931, by Sen. Frank Simpson and Rep. Tommy Hardin, permits the Oklahoma Department of Veterans Affairs to accept and receive gifts, donations, devices, bequests, grants, or contracts of any kind for money or property, either real or personal including but not limited to military memorabilia, artifacts or equipment, whether conditionally or unconditionally given. It directs, authorizes and empowers the department to hold such funds or property outright or in trust, invest or sell the property, and to use the principal or interest or proceeds of sale for the benefit of current or future veteran’s programs, facility construction, repair or improvements, or departmental operations. It requires the department to utilize its best efforts to comply with the terms of any conditional gift, devise or bequest in fulfillment of the donor's stipulations and provisions of applicable laws. The bill also permits any real or personal property donated with conditions that are determined infeasible to meet or continue to be returned to the donor, or if the donor is no longer living, if a natural person, or no longer a legally organized entity, for organizations, to be sold and the proceeds of the sale deposited in the departments general fund or the property may be further donated in kind to a veterans' service organization. It passed 88-0.

-SB 940, by Sen. Robert Standridge and Rep. Rande Worthen, adds N-phenyl-N-[1-(2 phenylethyl)-4-piperidinyl]-acetamide; N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butenamide; N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-furancarboxamide; N-phenyl-1-(2-phenylethyl)-4-piperidinamine; N-(1-phenethylpiperidin-4-yl)-N-phyenylcyclopropranecraboxamide and N-ethylpentylone to the list of Schedule I drugs. It passed 81-1.

-SB 943, by Sen. Kay Floyd and Rep. Marcus McEntire, requires individual income tax and corporate income tax forms for tax year 2019 and beyond contain a provision to allow a donation from a tax refund for the benefit of the Oklahoma AIDS Care Revolving Fund. It requires money donated to be deposited in the Oklahoma AIDS Care Revolving Fund created by the bill. The bill appropriates money from the fund to the Department of Human Services for the purpose of providing grants to the Oklahoma AIDS Care Fund for purposes of emergency assistance, advocacy, education, prevention and collaboration with other entities. It establishes procedures for a taxpayer to request a refund. It passed 72-12.

-SB 997, by Sen. Dave Rader and Rep. Todd Thomsen, modifies the definition of the term "underground facility" in the Oklahoma Underground Facilities Damage Prevention Act to remove oil and natural gas pipelines that are subject to the Hazardous Liquid Transportation System Safety Act and natural gas pipelines subject to the jurisdiction of the Oklahoma Corporation Commission Pipeline Safety Department and by adding intrastate and interstate gas pipelines, as described in 49 CFR Part 192.1, intrastate and interstate hazardous liquid or carbon dioxide pipelines, as described in 49 CFR Part 195.1. It passed 88-0.

-SB 1147, by Sen. Frank Simpson and Rep. Tommy Hardin, modifies the Department of Environmental Quality's jurisdictional area of responsibility to include development and utilization of policies and requirements necessary for the implementation of Oklahoma Groundwater Quality Standards to the extent that the implementation of such standards are within the scope of the department's jurisdiction, including but not limited to the establishment of points of compliance when warranted. It passed 87-0.

• The Senate passed the following bills on Thursday morning:

-HB 1280, with title restored, by Rep. Kevin Wallace and Sen. James Leewright, establishes powers of the Constructions Industries Board. It requires all contracts approved to be subject to the Open Meeting Act. The bill allows funds in certain revolving funds to be transferred to a separate Skilled Trade Education and Workforce Development Fund. The bill passed 40-3.

-HB 2630, with title and emergency clause restored, by Rep. Greg Babinec and Sen. Roger Thompson, modifies the eligibility requirements for the electronic monitoring program for inmates in the custody of the Department of Corrections. It updates language related to the program. The bill and its emergency clause passed 43-0.

-HB 2650, by Rep. Steven Vaughan and Sen. Dave Rader, modifies standards related to
Merge Now traffic-control devices. The bill passed 42-0.

-HB 2702, with title restored, by Rep. Jon Echols and Sen. Eddie Fields, provides a penalty for dumping furniture or items of a specified weight. It increases the amount of certain traffic citation. It directs funds allocated therein to be transferred to the general fund of the county of the law enforcement officer issuing the citation. The bill passed 42-1.

-HB 2716, with title restored, by Rep. Tess Teague and Sen. Eddie Fields, reauthorizes the income tax checkoff related to the Oklahoma Pet Overpopulation Fund. The bill passed 37-6.

-HB 2826, with title restored, by Rep. Scott McEachin and Sen. Nathan Dahm, directs the Department of Human Services to explore technological enhancements for work activities and training subject to the availability of funds. It authorizes the creation of an online self-service for reporting on recipients' employment, education, training and job activities. The bill passed 41-0.

-HB 2896, with title and enacting clause restored, by Rep. John Montgomery and Sen. Roger Thompson, extends the sunset date for the tax credit for small business guaranty fees to Jan. 1, 2022. The bill passed 36-5.

-HB 2923, by Rep. Avery Frix and Sen. Stephanie Bice, permits the electronic publishing of bids under the Public Competitive Bidding Act of 1974. The bill and its emergency clause passed 40-1.

-HB 3083, by Rep. Josh Cockroft and Sen. Chris Kidd, allows the board of county commissioners to trade in equipment to a vendor or on a statewide contract by acquiring used equipment values. The bill passed 39-0.

-HB 3319, by Rep. Scott Fetgatter and Sen. Eddie Fields, allows the Department of Wildlife Conservation to collect a fee of not more than $10 per controlled hunt choice pursuant to rules promulgated by the Department. The bill passed 36-6.

-HB 3538, with title restored, by Rep. Chad Caldwell and Sen. Eddie Fields, allows entries submitted by lottery players to the Oklahoma Lottery Commission for lottery-sponsored promotions and second-chance drawing promotions offered by the Commission to be submitted using a web application provided or sponsored by the Commission. It requires all entries for lottery-sponsored promotions and second-chance drawing promotions to be legally obtained from the Commission and specifies in which ways. It prohibits the process to submit entries to lottery-sponsored promotions and second-chance drawing promotions from being construed as illegal internet gambling activities. The bill passed 37-4.


Other News

• Attorney General Mike Hunter is urging Oklahomans to use caution and to carefully research charities before making a donation to benefit individuals impacted by the recent wildfires. Hunter said the assistance through charitable giving and donations provided by Oklahomans after a disaster is crucial in the course of recovery, but unfortunately fraud inevitably follows disasters. Hunter urges those affected by the wildfire to use caution and take time to research organizations and charities claiming to be providing aid.

Charities looking to solicit donations in Oklahoma must be registered through the Secretary of State. A list of registered charities is available on the Secretary of State's website at: www.sos.ok.gov/charity/. For more information and tips on how to select a charity, visit www.charitywatch.org. To report suspected fraud or scams, contact the attorney general’s consumer protection unit at (405) 521-2029, local law enforcement or the National Center for Disaster Fraud at (866) 720-5721.

• Lt. Gov. Todd Lamb extended and expanded a burn ban from 16 counties to include 36 counties in western and central Oklahoma due to extreme and extraordinary fire danger. The burn ban will remain in effect indefinitely for the following counties: Alfalfa, Beaver, Beckham, Blaine, Caddo, Canadian, Cimarron, Comanche, Cotton, Custer, Dewey, Ellis, Garfield, Grady, Grant, Greer, Harmon, Harper, Jackson, Jefferson, Kay, Kingfisher, Kiowa, Logan, Major, Noble, Oklahoma, Osage, Pawnee, Roger Mills, Stephens, Texas, Tillman, Washita, Woods and Woodward.

Lamb, who is acting governor while Governor Mary Fallin is in Florida on an economic development-related trip, also signed an executive order easing trucking regulations directly related to fire relief. The order will ease hay deliveries and hauling in equipment and crews to restore electrical, sewer, water and telecommunications to the areas affected by wildfires. Conditions have deteriorated since the burn ban was amended Feb. 23, prompting the expansion. The governor's burn ban supersedes existing county burn bans. This list is frequently updated by county commissioners and can be viewed anytime on the OFS website at www.forestry.ok.gov/burn-ban-info.

Unlawful activities under the ban include campfires, bonfires, and setting fire to any forest, grass, woods, wildlands or marshes, as well as igniting fireworks, burning trash or other materials outdoors. LPG and natural gas grills and charcoal-fired cooking outside in a grilling receptacle are permitted, provided the activity is conducted over a non-flammable surface and at least 5 feet from flammable vegetation, but any fire resulting from grilling or use of one of the cookers or stoves is still considered an illegal fire. For more specific information and details, visit www.forestry.ok.gov/burn-ban-info or call (405) 586-0404.