2006 LEGISLATIVE SUMMARY AND FY 2007 BUDGET REVIEW
We are pleased to present the 2006 Legislative Summary and
FY 2007 Budget Review. Included within
this document are summaries of all substantive bills and resolutions enacted in
the 2006 session and information on appropriation measures and the state budget
adopted by the Legislature for FY 2007.
The summaries contained herein have been prepared by the
following Senate Committee Staff personnel:
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Tom
Stanfill, Legislative Analyst, Senate Aerospace,
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Melanie
Stucky, Staff Attorney, Senate Education and Health & Human Resources
Committees
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Information on appropriation measures and the state budget
has been prepared by the following Senate Fiscal Staff personnel:
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Amy
Dunaway, Fiscal Analyst, Subcommittee on Natural Resources and Regulatory
Services Subcommittee
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We also appreciate the assistance of Liz Park-Capron and
Caroline Dennis
Director of Senate
Agriculture
& Rural Development Measures
Banking,
Finance & Securities Measures
Crimes,
Punishments & Criminal Procedures Measures
Office
of Juvenile Affairs Funding
Economic
Development & Commerce Measures
Common
Education (K-12) Funding
Postsecondary
Education Funding
Career
& Technology Education Measures
Career
& Technology Education Funding
Conservation
Commission Funding
Department
of Environmental Quality Funding
Gaming,
Sports & Amusements Measures
Government
Measures (County, Municipal & Local)
Department
of Central Services Funding
Health
& Mental Health Measures
Mental
Health & Substance Abuse Funding
Department
of Rehabilitation Services Funding
Intoxicating
Liquor, Smoking & Tobacco Measures
Motor
Vehicles, Water Vessels & Licensing Measures
Professions
& Occupations Measures
Public
Safety & Homeland Security Measures
Public
Employees-Retirement/Insurance/Pay/Benefits Measures
Office
of Personnel Management Funding
State
Employee Pay Raise Funding
Telecommunications
& Technology Measures
Department
of Transportation Funding
Veterans
& Military Affairs Measures
In the second session of the 50th
Legislature, the O
The 2006 legislation session began with a
“Celebration of Life” ceremony to honor Sen. Robert M. Kerr, who lost his long
fight against cancer just days before the legislature was to convene.
The 2006 session also mar
Two new members were welcomed to the chamber
this year, with long-time staffer turned-Senator
The Second Extraordinary Session of the 50th
Legislature was called and convened on May 25th to consider budget,
tax and other fiscal matters. The
Special Session reconvened on June 21st to complete the legislative
budget process, and was adjourned sine die on June 23rd.
The following overview details the legislation
approved during the 2005 legislative session and 2nd Extraordinary
Session. Special Session bills are
indicated by a “XX” following the bill number.
Most FY’07 state agency appropriations and
funding for capital projects were provided for in SB 80XX (the General
Appropriations (GA) Bill) and SB 90XX (the Rainy Day Spillover Bill). These two bills, in conjunction with $2.05 million
in three other “clean up” bills, spend a total of $6,639,829,152 for state
agency operations. This represents an
increase in total appropriations of $437.6 million over the current fiscal year
(supplemental appropriations included).
Comparison of Funding, FY’06-FY’07
(in millions)
Final Proposed
FY'06 FY'07 Change
Approp. Approp. $ %
Education 3,247.5 3,573.3 325.7 10.0
Gen.
Gov/Trans. 531.8 448.1 (83.7) (15.7)
Health/Soc.
Serv. 948.8 1,053.2 104.4 11.0
Human
Services 616.0 672.7 56.7 9.2
Natural
Res. 162.4 147.3 (15.1) (9.3)
Public
Safety 680.0 729.8 49.8 7.3
R
Total 6,202.0 6,639.8 437.6 7.1
The 15.7 percent decrease for the General
Government and Transportation Subcommittee on Appropriations is due to the one
time FY’06 supplemental appropriation of $100 million for the repair of State
bridges. The percent decrease for the
Natural Resources and Regulatory Services Subcommittee on Appropriations is
attributable to the one time FY’06 supplemental appropriation of $17 million to
the Centennial Commission and another $12.5 million in supplemental
appropriations for rural fire programs.
The balance of remaining revenues available
for expenditure from General Revenue is $2.054 million. However, additional funds are expected to
become available after the start of the fiscal year. An additional $50 to $100 million is
anticipated to spill over from the Rainy Day Fund when it reaches a Constitutional
cap of $495.7 million. A total of $457.3
million in “spillover” funds were already allocated in the following manner in
SB 90XX:
EDGE $150,000,000
County Bridges $25,000,000
Regents for Higher
Education $85,500,000
State Emergency Fund $15,000,000
Rural Fire Departments $5,000,000
State Park Maintenance $8,000,000
Firefighter Retirement
Fund $35,000,000
Tax Commission $1,800,000
Additional spillover funds are anticipated, as
June collections have not been figured into the total amount allocated so
far.
HB 1172XX (Hiett/Crutchfield): Decreases
the top marginal rate for income taxes from 6.25% to 5.25% over a four-year
period, as follows:
2007: 5.65%
2008: 5.55%
2009: 5.50%
2010: 5.25%, subject to revenue growth
of 4% plus the cost of the tax cut.
Increases the standard deduction to the
federal level over a four-year period, as follows:
2007: $5,500 (joint)/$2,750 (single)/$4,125
(head of household)
2008: $6,500/$3,250/$4,875
2009: $8,500/$4,250/$6,375
2010: Federal level, estimated at $11,200/$5,600/$8,200.
Under current law, the state standard
deduction is $3,000 for joint returns and $2,000 for single returns for 2006
and $4,000 and $2,000 for 2007. The federal level for tax year 2005 was
$5,000 for single, $10,000 for married, and $7,300 for head of household.
It is indexed for inflation and changes every year. This proposal would
also change the state level so that it will remain at the federal level each
year after 2010.
Phases out the estate tax over a three-year
period by equalizing exemptions and rates for lineal and collateral heirs in
2007 and increasing the exemption $2 million in 2008 and $3 million in
2009. The tax is repealed entirely in 2010, except for the pick-up tax.
Effective
HB 1174XX (Benge/Crutchfield): Makes various changes relating to revenue and
taxation, including:
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Modifies
the time period during which taxpayers who computed insurance premium taxes by
applying certain credits prior to claiming insurance home office credit may
qualify for a refund of excess taxes paid;
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Provides
a sales tax exemption for community mental health centers, tickets to certain
women’s organization events, certain membership health organizations, patriotic
women’s organizations, YMCAs and veterans organizations;
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Provides
a sales tax exemption for dietary supplements ;
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Provides
a sales tax exemption for sales of property or services used or consumed in
quarrying operations and clarifies the exemption for wholesale distribution
centers;
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Provides
additional tax credit for Oklahoma-mined coal of $2.15 per ton and prohibits
claiming or transfer prior to
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Lowers
rated production capacity for zero-emission power generation facilities from 50
to 1 megawatt to qualify for tax credit. Also sets tax credit amount at
fifty one-hundredths of one cent per kilowatt hour for facilities placed in
service after
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Provides
credit against bank privileges tax for amounts paid for
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Requires
plants engaged in pulp, paper, tissue or paper board manufacturing to have at
least $2 million in investment and maintain an average wage of at least 150% of
the state average or have at least $5 million in investment in each year of the
exemption, in order to receive a five-year ad valorem exemption;
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Repeals
the tourism promotion tax and earmarks 0.93% of sales and use tax revenues to replace
the tourism tax revenue ($5.1 million) and to provide funding for capital
improvements in state parks;
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Repeals
Section 4 of Senate Bill 1084, relating to municipal taxing authority;
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Clarifies
exemption for capital gains;
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Phases
out the income limit for private sector retirees to qualify for the retirement
income deduction. The current limit is $37,500 for single filers and
$75,000 for joint filers; it is increased to $50,000/$100,000 for 2007,
$62,500/$125,000 for 2008, $75,000/$150,000 for 2009, $100,000/$200,000 for
2010, and eliminated in 2011 and succeeding years;
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Phases
in exemption for federal retirees retirement benefits;
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Limits
fees for license plates for 100% disabled veterans;
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Exempts
100% disabled veterans from driver license fees;
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Increases
tax credit under Railroad Modernization Act; and
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Provides
Support Our Troops special license plates.
Effective
Agriculture & Rural Development M
SB 1357 (
SB 1481 (
SB 1549 (Lerblance/Sweeden): Creates the Oklahoma Prescribed Burning
Safety and Liability Task Force to study the responsible precaution of
prescribed burning, the liabilities incurred by accident, neglect, or intent,
and the punishments for such actions.
Effective
SB 1614 (Lawler/McMullen): Relates to the
SB 1816 (Lerblance/Johnson): Clarifies the procedures relating to lien
priority of the Department of Agriculture, Food, and Forestry administration of
the Public Warehouse and Commodity Indemnity Act, codified in Title 2, Section
9-20 et seq. in claiming and documenting a lien in the event of a warehouse
failure. The changes to the Act clarify the nature and extent of Indemnity’s
lien in the event of the failure of a warehouseman or public warehouse and
those of other creditors. Clarifies the procedure that Indemnity must follow in
claiming and documenting a lien in the event of a warehouse failure. Effective
HB 2604 (DeWitt/Shurden): Clarifies the Department of Agriculture,
Food, and Forestry authority from the Environmental Protection Agency to
operate the National Pollution Discharge Elimination System programs for agricultural
discharges. Effective
HB 2606 (DeWitt/Capps): Modifies the procedures for wheat producers
subject to the assessment in the Oklahoma Wheat Resources Act to request a
refund of the assessed fees within sixty days.
Requires evidence of payment of the fee and of the amount of the wheat
sold. Effective
HB 2621 (Walker/Wyrick): Creates the
HB 2646: (DeWitt/Garrison): Enacts the CAFO Rural Economic Development
Initiative Act. Amends the Concentrated Animal Feeding Operation Act by
modifying the notice and hearing requirements for a Concentrated Animal Feeding
Operation license. Effective
HB 2655 (Winchester/Lawler): Creates the
HB 2895 (McMullen/Lawler): Creates the Motor Carrier Harvest Permit Act
of 2006. Authorizes the Corporation Commission to issue harvest permits valid
for a period of thirty or sixty days, along with limited extensions. Revises
farm truck licenses holders to follow rules set out for a Harvest permit. Effective
HB 2906 (Peterson, Ron/Easley): Relates to the Rural Economic Action Plan;
modifies the number of accounts R
HB 2955 (Hickman/Laughlin): Authorizes the Oklahoma Department of
Agriculture, Food, and Forestry to create an independent agriculture tourism
organization in conjunction with the Oklahoma Department of Tourism and Recreation
and the Oklahoma Department of Commerce.
Effective
HB 2984 (Jett/Shurden): Adds the eradication of cedar trees to the
lawful burning statutes. Provides penalties for a person who throws a flaming
or glowing substance from a vehicle onto the highway right-of-way. Provides additional
penalties during a burn ban declared by the Governor. Makes any person guilty
of trespass that enters private land of another that is primarily used for
farming, ranching or forestry purposes without permission of the owner or occupant.
Exceptions apply to peace officers, federal, state or local government
employees, firefighters, emergency medical personnel or public utility
employees. Also states anyone who
willfully or maliciously enters any land of another and or attempts to commit
waste, theft, or damage shall be guilty of a misdemeanor and fined up to
$500.00 or by confinement in the county jail for six months, or both. Effective
HB 3079 (Billy/Gumm): States legislative intent to provide
assistance to existing and developing programs for affordable housing with
special emphasis on rural areas of the state through the use of cooperative
arrangements with private sector entities including, but not limited to
non-profit organizations with experience in the development of affordable
housing. Effective
HCR
1062 (Wright/Justice): Waiving
30-legislative day review period of rules of the Department of Agriculture,
Food and Forestry related to herbicides.
Effective
SB 80XX appropriates $28,314,906 to the Department
of Agriculture, Food, and Forestry. This
amount, plus the funds already appropriated in SB 1190, results in a $6.5
million increase over the agency’s FY’06 appropriation. $2.5 million of the increase will be used to
make operational fire grants for rural fire departments to be funded at about
$5,000 a department.
Additional funding provided for in SB 80XX
will help ODAFF replace outdated equipment and hire needed personnel. Funding was also provided to assist various programs
such as Agritourism, Ag-in-the-Classroom, and Farm-to-School.
Banking, Finance & Securities M
SB 1598
(Coffee/Morgan): Authorizes certain
banks, trust companies and savings and loan associations to employ an affiliate
to provide brokerage and other account services and to receive compensation for
such services. Effective
SB 1663
(Gumm/Liotta): Modifies the type of information required on life insurance
change of beneficiary forms and information which must be reported to the Treasurer
related to the Uniform Unclaimed Property Act.
Modifies provisions relating to destruction of property under the act
and of certain warrants or checks which have been archived. Authorizes the State Treasurer to invest
state funds in bonds,
notes, debentures or other similar obligations of a foreign government which
meet specified criteria.
Effective
SB 1680
(Fisher/Covey): Creates the “Oklahoma Industrial Loan Company Branch Act of
2006” which limits the conditions under which an out-of-state industrial loan
company may establish a de novo branch in
HB 2147 (Piatt/Gumm): Prohibits certain acts which involve or
include a lender’s name, trade name or trademark or the inclusion of loan
number, amount or other information in certain solicitations without lender
consent. Permits the use of such information if certain statement is provided.
Creates a Task Force for the Study of State Banking Services. Effective
HB 2483 (Nance/Gumm): Creates the “Oklahoma Financial
Transaction Reporting Act” which provides for regulation of money service
businesses by the Oklahoma Banking Board. Modifies the percentage of certain
assessments which flow to the General Revenue Fund. Effective
HB 2626 (Pruett/Rabon): Modifies and adds procedures regarding
beneficiaries of “payable on death” accounts. Provides a procedure for granting
access to a safe deposit box upon the death of the lessee of the box. Effective
HB 2749 (Thompson/Coffee): Modifies amounts and
terms for supervised loans. Effective
HJR 1074
(Piatt/Gumm): Disapproves rules of the Department of Consumer Credit
relating to charges for processing applications and transaction and cash
advance fees for deferred deposit lenders.
SB 324
(Coffee/Morgan, Fred): Relates to contracts. The bill defines
“construction agreement”, declares certain provisions relating to construction
agreements void and unenforceable and provides for the applicability of the act
relating to certain construction agreements. Effective
SB 1634
(Myers/Wilt): Relates to the Employment Security Act of 1980. The
bill amends multiple sections of the Act relating to definitions, requirement
for payment of benefits from certain fund, certain determination of good cause
for voluntarily leaving work, the deduction of certain retirement payments from
weekly benefit amounts, denying benefits for individuals taking certain
training, requirement for seeking and accepting work, when an employer will not
be an interested party to certain claims, an employer providing certain minimum
information within a certain time frame to be an interested party to certain
claims, time frame for Board of Review to certify and file certain information
with the court, applicability of certain provisions, date for notification of
certain contribution rates, certain dates relating to benefit wages charged and
objections to the charges, recall credit for certain employees, relief from
certain benefit wage charges for separating employers, the benefit wage ratio
for certain tax years, the state experience factor, certain written protest and
request for oral hearings after certain initial determination relating to
successor and predecessor employers, appeal of certain determination, date for
certain increases in the contribution rate, the calculation of the contribution
rate for employers under certain conditions, the Special Surtax Fund and a
special surtax to be assigned to certain employers, protest of certain determinations
and provisions for appeal of such determinations, appeal of certain
assessments, certain employee recognition program, and veterans service awards.
The bill also makes an appropriation to the Employment Security
SB 1749 (Lamb/Case): Creates the Notice of Opportunity to Repair
Act to allow provisions related to construction defects to be included in
contracts for the construction of new residences or for the repair or
alteration of existing residences.
Effective
HB 2358
(DePue/Paddack): Relates to labor. It authorizes employers to
provide reasonable unpaid break time each day to an employee who needs to
breast-feed or express breast milk for her child. The break time, if
possible, will run concurrently with any break time, paid or unpaid, already
provided. An employer is not required to provide such break time if it
would cause an undue hardship on the operations of the employer. It will
allow an employer to provide suitable space in close proximity to the work area
other than a toilet stall. The bill requires the Department of Health to
issue certain periodic reports on rates, complaints received and benefits
reported by both working breast-feeding mothers and employers. Effective
HB 2635
(Ingmire/Bass): Relates to contracts and the Gift Certificate and Gift
Card Disclosure Act. It will define “prepaid service agreement” and
exempt prepaid service agreements from the act. Effective
HB 2880
(Young/Leftwich): Relates to statutes and reports and the Small Business
Regulatory Review Committee. It changes the terms of the Committee
members from
HB 2903
(Adkins/Bass): Relates to telephone records. It establishes new law
relating to telephone records. Definitions are provided. It makes
it a felony for anyone to procure, solicit or conspire with another to procure
a telephone record of any resident of this state without the authorization of
the customer to whom the record pertains or by fraudulent, deceptive or false
means, to sell or attempt to sell such records or to receive such records
knowing that the record has been obtained without the authorization of the
customer. It provides for certain prosecution and penalties. The
bill would construe the act so that certain law enforcement agencies and
telephone companies may obtain and use such records in a lawful manner, but is
not to apply to or expand upon certain obligations and duties of a telephone
company to protect such records or to create a cause of action against a
telephone company who reasonably and in good faith act pursuant to this
section. It also requires telephone companies that maintain such records
to establish reasonable procedures to protect such records from certain acts
and provides that no private right of action is authorized under the act.
Effective
HB 3009
(Morgan, Fred/Crain): Relates to Title Insurers and the
Crimes, Punishments & Criminal Procedure M
SB 682 (Corn/Blackwell): Includes conductive energy weapons as a
prohibited weapon in crimes of assault with a weapon and use of a firearm
during commission of a felony. It expands
the definition of sodomy and rape to include a student 16 to 20 years of age
with an employee 18 years of age or older of the same school. It repeals the duty of district attorneys and
police officers to enforce gambling prohibitions and repeals the crime of
failure to enforce or prosecute gambling and gaming violations. Effective
SB 1020 (Easley/Wesselhoft): Creates the “Oklahoma Funeral Picketing Act”,
which prohibit picketing within 500 feet of a funeral during the period from
one hour before until one hour after funeral services. Provides misdemeanor
criminal penalties. Authorizes injunctive action by court. Effective
SB 1401 (Paddack/Plunk): Authorizes CLEET to provide food and lodging
for officials attending training in lieu of using contract providers. CLEET may permit other agencies to use the
CLEET facilities for a fee. The bill
authorizes payment of fees by credit or debit card; sets fees and service
charges; and directs deposits to the CLEET Training Center Revolving Fund. Effective
SB 1479 (
SB 1539 (Leftwich/Blackwell): Authorizes the Department of Corrections to
determine methods for collection of supervision fees. It permits a reasonable charge for
supervision fees to be collected electronically. The measure removes the authority for court
clerks to collect supervision fees and receive a percentage for the collection. Effective
SB 1755 (Riley/Perry): Increases the minimum term of incarceration
for lewd molestation from
SB 1756 (Riley/Morgan, Danny): Requires a judgment and sentence to include
information related to a person’s youthful offender status upon commitment to
the Department of Corrections. Effective
SB 1760 (Riley/Morgan (Danny)): Modifies the application of Youthful Offender
Act for murder in the first degree. It
requires juveniles 15, 16 and 17 years of age accused of murder in the first degree
to be tried as adults with no provision for youthful offender certification or
certification as a juvenile delinquent.
Effective
SB 1765 Riley/Morgan (Danny)): Requires a background check on persons
assuming custody of a child, or living in the household of a child, if no home
study is received by the court. It
requires notification of every juvenile arrest to the Department of
SB 1782 (Lerblance/Kiesel): Sets a per diem rate for intermediate
sanctions to incarceration. It requires
the Department of Corrections to reimburse each county for eligible offenders
incarcerated in the county jail. Effective
SB 1793 (
SB 1800 (Nichols/Morgan (Fred)): Requires death or life without parole for any
person convicted of forcible sodomy, rape, rape by instrumentation or lewd
molestation where the victim was under 14 years of age after a previous conviction
of any such sexual abuse crime against a victim under 14 years of age. It establishes a Child Abuse Response Team
(CART) within the Oklahoma State Bureau of Investigation for the purpose of
investigating cases of physical and sexual abuse of children. It authorizes two FTE positions subject to
availability of funds. It sets qualifications
for a CART investigator and a CART forensic interviewer. It authorizes the director of OSBI to hire a
person who substantially meets the qualifications if the OSBI is unable to find
a person who meets or exceeds the statutory qualifications. The bill allows promulgation of rules to
implement the Child Abuse Response Team.
Effective
SB 1842 (Laster/Sullivan): Creates the Medical Services Responsibility
and
SB 1858 (Morgan/Hiett): Creates the “Dragus-Whetsel Law”. It adds eluding an officer to crimes eligible
for murder in the first degree.
Effective
SB 1867 (Corn/Armes): Includes in the crime of escape any prisoner
lawfully detained who thereafter escapes.
It expands the definition of private prison contractor to include
maximum security level facilities not owned by the Department of Corrections
but operated by the contractor. Effective
SB 1910 (Corn/Hickman): Authorizes the victim of a bogus check to pay
an administrative service fee to the district attorney or a third party vendor
for electronic transfer of checks to the Bogus Check Restitution Program. It authorizes the district attorney to
contract with third party vendors on a per-item fee to facilitate electronic
transfer of checks into the Bogus Check Restitution Program. Effective
SB 1934 (Corn/Blackwell): Creates the Sheriffs’ Personnel Task
Force. It provides for membership and
appointments; defines the scope of the study; determines quorum for meetings
and voting; provides travel reimbursements, and staff assistance. The task force shall study recruitment and
retention of deputy sheriffs and detention officers and make recommendations
for compensation and other issues.
Effective
SB 1951
(Crutchfield/Brannon): Amends the Oklahoma Funeral Picketing Act to
prohibit certain picketing at any space where a portion of a funeral service is
held, rather than only cemeteries, mortuaries and churches. Effective
SB 1964 (Corn/Blackwell): Authorizes a term of post-imprisonment
supervision not less than 3 years for sex offenders. It requires the court to order the offender
to comply with specific rules and conditions of supervision for sex offenders. It requires polygraph examinations not less
than every 6 months during supervision.
Sex offender will have identification cards and driver licenses valid
for one-year which will be renewable yearly while registered as a sex
offender. The bill provides that persons
not housed in the county jail shall be transferred by the detention facility to
the Department of Corrections when convicted and sentenced to imprisonment. The measure removes the residency requirement
for correctional officers and includes
HB 2480 (Rousselot/Easley): Establishes a 7 year statute of limitations
for prosecution for the crime of solicitation for murder in the first
degree. Effective
HB 2513 (Terrill/Crain): Changes the financial requirements for net
worth and cash deposits for bail bondsmen applications, renewals and
reinstatements occurring after
HB 2518 (Cox/Paddack): Authorizes the Department of Corrections to
employ or contract for certified medication aides to deliver on-site primary
medical treatment programs. It expands
the authority of certified medication aides to distribute medications in
correctional facilities. Effective
HB 2615 (Calvey/Coates): Creates the “Stand Your Ground Law”. It modifies the Make My Day Law to allow defensive
force in the event of unlawful and forcible entry into a dwelling, residence or
occupied vehicle and the forcible removal of a person from a vehicle or
dwelling. It creates a presumption of
imminent fear of death or great bodily harm to justify defensive force. It specifies exemptions to the
presumption. The bill allows defensive
force of self or another person or to prevent a forcible felony in any place
where the person has a right to be. The
law grants immunity from criminal prosecution and authorizes court costs and
other reimbursements for any resulting civil actions. An exception to immunity is provided for
unlawful use of force. Terms are defined.
Effective
HB 2660 (Roan/Rabon): Prohibits entities from revoking, suspending
or denying a professional license for participating in the execution of a judgment
of death. Effective
HB 2661 (Roan/Rabon): Exempts certain equipment including vehicles
and services used in the production of goods and services for resale by the
Oklahoma Correctional Industries and the Agri-Services programs under the Oklahoma
Central Purchasing Act. Effective
HB 2762 (Perry/Pruitt): Creates a felony offense for permitting an
invitee who is a person under 21 years of age to possess or consume alcoholic
beverages or any controlled dangerous substance. Effective
HB 2813 (Denney/Shurden): Creates a crime of allowing a dog that has
previously inflicted bites on a person or created a threat of imminent injury
or death to permit such dog to be at large or bite or attack a person. The penalty is a misdemeanor with one year
imprisonment, up to $5,000.00 fine, or both.
In addition the owner of such dog is liable for damages. Any dangerous dog or dog the has previously
inflicted bites on a person that kills a person is guilty of a felony with 5
years imprisonment, up to $25,000.00 fine, or both. It prohibits releasing a dog on a law
enforcement officer and sets the felony penalty at 5 years imprisonment, up to
$5,000.00 fine, or both. It allows an
affirmative defense when the death resulted from a person committing a criminal
act on the premises of the dog or upon the owner of the dog. The bill modifies the definition of potentially
dangerous dog and dangerous dog to exclude injury or killing of a domestic
animal but includes an unprovoked attack and killing of a dog. The measure includes streets, sidewalks,
alleyways and easements in definition of public property. It sets a penalty for failure to comply with
certain regulations for dangerous dogs and sets a penalty for a dangerous dog
causing injury to a person. The measure
authorizes community services up to 40 hours for violations of law. Effective
HB 3004 (Morgan, Fred/Coffee): Prohibits billboards or other exterior
advertising of sexually oriented businesses within 1 mile of any state highway
and prohibits displaying or providing to minors any video games or computer
software containing inappropriate violence.
Effective
HB 3056 (Balkman/Rabon): Creates the “Prevention of Youth Access to
Alcohol Act”. It authorizes cities with
municipal courts of record to enact ordinances with fines up to $1, 250.00 and
imprisonment up to 6 months for alcohol-related or drug-related traffic
offenses. Cities with courts not of record
shall have a maximum fine of $800.00.
The courts shall remit $50.00 of any fees collected to a municipal fund
for enforcement of laws relating to juveniles access to alcohol and other
alcohol-traffic-related offenses. Fines
in excess of $750.00 shall be used to defray the costs of enforcement of
juvenile access to alcohol and other alcohol-traffic-related offenses. The bill prohibits possession of any low
point beer by a person less than 21 years of age and enhances penalties with
fines and community service hours. The
court costs for DUI cases is increased from $383.00 to $433.00 and Trauma Care
fees assessed in certain cases are increased from $100.00 to $433.00. The bill removes the authority for a person under
21 years of age to be in an area accompanied by a parent where low point beer
or alcoholic beverages are served for consumption on the premises. License holders for low point beer are
prohibited from being issued a license for 3 years after the fourth revocation
of such license. The bill defines the
exceptions to a license violation for selling low point beer or alcoholic
beverages after relying upon proof of age that was false. The measure sets misdemeanor penalties for
first and second license violations and a felony penalty for any third
violation within one year, and requires one-half of the fines imposed to be
deposited in the Prevention of Youth Access to Alcohol Revolving Fund within
the State Treasury. Owners of licensed
establishment are required to be notified by mail of employee violations with
confirmation of delivery. Licenses have
mandatory periods of revocation for license violations. Youth violating low point beer and alcoholic
beverages laws must be assessed for degree of alcohol abuse and shall have the
driver license suspended for an increased period of time up to age 21
years. The bill makes it a misdemeanor
to lend or permit use of another person’s driver license and a felony to create
or falsify a license or photo or use a false name or other information. Effective
HJR 1010 (Tibbs/Riley): Establishes the “
The Department of Corrections was appropriated
$456.0 million in Senate Bill 80XX, an 11% increase from FY’06 funding. The appropriation included a $42 million
annualization of the Department’s FY’06 supplemental appropriation. Included in the funding was money for
contract bed deficits, increased medical and utility costs, inmate growth and
full-year funding of the $2,800 pay raise provided in the FY’06 supplemental
bill for all classified employees at DOC facilities. Additional funds were also provided to
increase county jail reimbursement rates and private prison contracts.
Office
of Juvenile Affairs Funding
The Office of Juvenile Affairs (OJA) was
appropriated $104.2 million for FY'07.
This represents a 6.0% increase ($5.9 million) from its FY'06
appropriation. With this increase, OJA
can:
·
Replace
federal funds lost due to the reduction in
·
Replace
federal funds lost for graduated sanctions. ($575,000)
·
Provide
mental health services to juveniles while in detention centers. ($800,000)
·
Rate
increases for county detention centers. ($700,000)
·
Fund
two Multi-Systemic Therapy (MST) programs (intensive, family-centered, in-home
therapy for delinquent juveniles) ($623,000)
·
Provide
a targeted pay increase for OJA facility and field staff. ($1,375,000)
·
Partially
cover increased operational costs due to rising energy prices. ($458,685)
The
The Department of Public Safety was
appropriated a total of $90.1 million in FY’07, an increase of $11.1 million
from FY’06. DPS received $4.2 million to
annualize the supplemental provided in FY’06, plus $2.1 million to fund the
graduates of the 55th and 56th Oklahoma Highway Patrol
Trooper Academies. Funds were also provided to increase trooper salaries.
The Oklahoma Bureau of Narcotics and Dangerous
Drugs received an appropriation of $6.3 million, an increase of 18% from prior
year funding. The Bureau received
funding to hire additional Hispanic narcotics agents and raise current agent
salaries.
The Office of the Chief Medical Examiner received
additional funding in the amount of $664,000, an increase in funds of 17%. Funds were provided to hire additional field
investigators, as well as increase the pay of targeted positions.
The Pardon and Parole Board received $171,000
to replace vacant investigator positions.
The Alcoholic Beverage Laws Enforcement Commission received $139,000 to
replace vacant IT staff and aged vehicles.
The State Fire Marshal was appropriated $250,000 for the Council on
Firefighter Training, as well as $65,000 to hire an additional plan
reviewer. And the Indigent Defense
System received an additional $280,000 to renew attorney contracts.
Economic Development & Commerce M
SB 1587
(Paddack/Hilliard): Modifies the Oklahoma Quality Jobs Act by exempting certain
establishments from average wage requirements if the establishment locates in a
newly-defined area where a “negative economic event” has occurred within 18
months of start-up. Authorizing an
establishment currently in the program to withdraw from the program and reapply
if it has suffered an extraordinary adverse business
circumstance and incentive payments have been repaid with interest. Effective
SB 1734
(Morgan/Wilt): Recognizes the Governor’s
Council for Workforce and Economic Development created under Executive Order
2005-27 to succeed and be established in lieu of the Oklahoma Workforce
Investment Board. The bill codifies the Executive Order. Current
Council members would continue to serve, and the purposes, powers and duties,
staffing and certain funding of the Council would also continue. The
Workforce Solutions Staff Team established under the Executive Order is also recognized
and will continue to function as provided in the Order. Effective
SCR 59 (Laster/Liotta): Resolves that due to the Oklahoma Supreme
Court case County Comm’rs of Muskogee
County v. Lowery, issued
HB 2690 (Walker/Capps): Permits municipalities
and counties to jointly create a regional economic development authority which
is authorized to take a sales tax of up to 2% to a vote of the people of the
region for specified purposes. Effective
HB 2792 (Miller/Bass): Amends the “Compete
with Canada” Act by modifying definitions and for production companies with a
budget of $30 million or more, suspends certain requirements for the film
expenditure rebate program and guarantees a 15% rebate. Modifies certain eligibility requirements for
the rebate. Requires all film productions
in the state to register with the Oklahoma Film and Music Commission. Effective
HB 2793 (Miller/Bass): Modifies existing
income tax credit for profits from investment in an existing Oklahoma film or
music project by clarifying certain definitions and by creating new definitions
of “profit”, “total production costs”, “Oklahoma production costs”,
“investment” and “qualified vendor”.
Effective
SB 80XX appropriates $24.1 million to the Department
of Commerce. Also, SB1675 appropriated $1.0 million for the Military Base
Closure Fund, resulting in a total of $2.9 million more than the FY’06
appropriation. In FY’06, a portion of the agency’s
allocation was funded with one-time Gross Production R
SB 99XX (Crutchfield/Askins): Creates
a trust fund known as the Economic Development Generating Excellence (EDGE)
Fund. The bill establishes the
composition of the EDGE Fund’s Board of Investors. It also establishes a Policy Board which
is responsible for the expenditure of funds certified as available by the
Board of Investors. Expenditures
from the EDGE Fund are limited to 5% of the fund’s total assets. Eligible projects and programs include
matching funds for applied research, funds for proof of concept, funds for
purchasing equipment and seed capital including, but not limited to, capital
for the OCAST Seed Capital Revolving Fund.
HB 1169XX (Benge/Crutchfield): creates
the Oklahoma Opportunity Fund within the Oklahoma Department of Commerce. Money in the fund may be budgeted and
expended by the Governor for the purposes of economic development and related
infrastructure development. Expenditures
must be proposed by the Director of the Oklahoma Department of Commerce and
require unanimous approval of the Contingency Review Board (CRB) which is
comprised of the Governor, President Pro Tempore of the Senate and Speaker
of the House of Representatives. Expenditures
must be expected to result in a substantial economic benefit to the state
through the creation of new quality jobs, maintenance of existing jobs, investment
in new property or other ventures that will increase the tax base of the
State of
SB 80XX appropriates $14.5 million to the
Oklahoma Historical Society. $800,000 of
the funding is to cover costs associated with running the new
OHS will use some of the funds for critical
needs and repairs to historic places across the state.
SB 1291 (Aldridge/Banz): Authorizes district boards to establish
policy requiring district superintendent to reside within district boundaries. Effective
SB 1459 (Cain/Winchester): Directs State Department of Education in
consultation with State Department of Health to provide schools with certain
information and technical assistance related to nutrition, obesity, physical
education, diet-related chronic diseases, and school wellness policies. Encourages Healthy and Fit School Advisory (HFSA)
Committees to utilize certain program assessment and monitoring
instruments. Provides for HFSA Committees
to be involved in implementation of law limiting access to foods of minimal
nutritional value. Effective
SB 1467 (Paddack/Peters): Requires schools to provide certain
information about meningococcal meningitis to parents and guardians of students
in grades six through twelve at the beginning of each school year. Directs the State Department of Education, in
cooperation with the State Department of Health to develop and make the
information available to school districts.
Effective
SB 1485 (Wilcoxson/Coody): Removes requirement for districts to report
plan for professional development programs to State Board of Education. Deletes obsolete requirements and specific
methods for professional development.
Authorizes districts to utilize any means for professional development
not prohibited by law. Requires districts
to utilize data-driven approach to determine professional development needs,
ensure programs are targeted to meet certain student achievement goals, and
submit report on results and expenditures.
Directs State Department of Education to develop online system for
district reporting and make information available on website. Effective
SB 1493 (Paddack/Dank): Modifies various provisions relating to
education including:
·
Modifies
the method for determination of funding for charter schools.
·
Requires in-service training for special education
substitute teachers who do not hold a special education certificate and are
employed for more than 15 consecutive or 30 total days in a school year. Specifies the training shall be provided at
no cost to the substitute teacher.
·
Authorizes districts to request a waiver from the
State Board of Education on the restrictions on total time or time in same
assignment for substitute teachers.
·
Modifies program components required for district
professional development programs to require a component on special education.
·
Allows
districts that consolidated in 2004 to be eligible to receive funds from the
School Consolidation Assistance Fund.
·
Authorizes districts to grant high school diplomas
to veterans of the Vietnam War who left high school prior to graduation to
serve in the war.
·
Authorizes members of the Oklahoma School of
Science and Mathematics Board of Trustees to hold other private or public
positions not prohibited by the Oklahoma Constitution.
·
Authorizes the Oklahoma Higher Learning Access
Program to be known as “
Effective
SB 1597 (Laster/Harrison): Modifies provisions relating to truancy and
out-of-school suspension. Increases parental
fines and authorizes the court to order jail time for parents of students who
are truant. Also authorizes courts to
order community service in lieu of the fine and set certain conditions. Requires schools to ensure education services
are not provided to students adjudicated as delinquent for certain violent
offenses in general vicinity of victims of such students. Requires schools to provide certain
notification. Effective
SB 1792 (Paddack/Dank): Implements
the recommendations of the Achieving Classroom Excellence (ACE) Task Force
created in the 2005 session by SB 982.
Major provisions include:
·
Creates the ACE Steering Committee to advise the State Board of Education on
curriculum alignment, assessment development, cut-score determination,
alternate tests, intervention and remediation strategies, and consequences for
eighth-grade students who do not meet the mandated standard.
·
Requires students beginning with those entering the
ninth grade in the 2006-07 school years to complete a college preparatory/work
ready curriculum to graduate from high school.
Authorizes students to complete the current core curriculum in lieu of
the college preparatory/work ready curriculum upon written parental approval. Clarifies that current high school students
will continue to be subject to the current core curriculum requirements for
high school graduation.
·
Directs the State Board of Education to develop and
field test end-of-instruction (EOI)
tests in English III, Geometry, and Algebra II during the 2006-07 school year
and implement during the 2007-08 school year.
·
Authorizes students to
retake the EOI tests up to 3 times each year until achieving at least at the
satisfactory level.
·
Directs schools to report
scores of satisfactory and above on student transcripts beginning with students
who enter the ninth grade in the 2008-09 school year.
·
Directs State Board of
Education to review, realign and recalibrate the tests in reading and
mathematics in third through eighth grades and the EOI tests. The Board shall determine the cut scores for
the new EOI tests and phase them in over a multi-year period. The Board shall compare EOI tests with those
of other states and adjust cut scores as necessary.
·
Directs the State Board
of Education to retain services of a nationally recognized, independent organization
to study the reliability and validity of the EOI tests.
·
Provides remediation for
students who do not score at least at the satisfactory level on the reading and
math tests administered in the 7th grade in the 2006-07 school years, and in
the 8th grade in the 2007-08 school years.
·
Directs State Department
of Education to provide information on best practices for remediation and
intervention and requires districts to monitor results and report findings to
SDE.
·
Requires student
individualized education programs (IEP) to have an appropriate statement on the
IEP requiring administration of assessments with or without accommodations or
with alternate assessments.
·
Requires students
identified as English language learners (ELL) to be assessed in a valid and reliable
manner with the state academic assessments with acceptable accommodations as necessary,
or with alternate assessments.
·
Requires students to pass
4 out of 7 end-of-instruction tests to receive a high school diploma beginning
with students entering 9th grade in the 2008-09 school year. Students must pass Algebra I and English II
along with 2 of the following tests: English III, US History, Biology I,
Geometry, and Algebra II.
·
Provides remediation and
opportunity to retake EOI tests until at least a satisfactory score is attained
on Algebra I and English II and two of the other listed tests or an approved
alternative test.
·
Authorizes technology
center schools to provide remediation in Algebra I and Biology I to students
enrolled in technology center schools.
·
Authorizes State Board of
Education to approve alternative methods for students to demonstrate mastery of
the state academic content standards.
·
Directs Board to adopt
rules for necessary student exceptions and exemptions to requirements of this
section. Requires Board to collect and
report data on number of students provided and categories of exceptions and exemptions
granted.
Effective
SB 1795 (Paddack/Miller (Doug)): Requires vision screening for students in
kindergarten, first, and third grades beginning in the 2007-08 school
year. Specifies screening to be conducted
by personnel listed on statewide registry maintained by the State Department of
Health. Requires Department to form
advisory committee to make recommendations for vision screening standards and
provide list of qualified screeners.
Effective
HB 1646 (Winchester/Justice): Modifies deadlines for application and
notification under the Education Open Transfer Act. Authorizes students who are deaf or hearing
impaired who wish to transfer to a school district with a specialized deaf
education program to apply at any time during the school year. Effective
HB 2086 (Wilt/Ford): Modifies deadlines from September 1 to
October 1 of each year for school districts and boards of county commissioners
to prepare written financial statements for the previous fiscal year and
estimates of needs and income for the current fiscal year. Changes deadline for school districts to file
financial statements and estimates with the county excise board to October 1 of
each year. Also changes deadline to
October 1 for school districts to file with the State Board of Education an
itemized budget and request for state appropriated funds for ensuing fiscal
year and estimate of revenues to be received.
Effective
HB 2097 (Dank/Paddack): Requires school districts to include
recognition and reporting of child abuse and neglect in teacher professional
development programs. Effective
HB 2363 (Banz/Riley): Allows for transfer of students to a school
district in which the parent or legal guardian is employed as a teacher, upon
approval of the receiving district only.
Provides for eligibility for extramural athletic competition in such
case. Effective
HB 2367 (Kern/Branan): Allows school districts to implement an
extended day schedule for students in grades nine through twelve. Specifies that such schedules must equal or
exceed the equivalent in hours to the required 180 days of instruction, but no
school day shall be less than five hours.
Requires districts to hold a public hearing, document impact on student
achievement and provide annual report to State Board of Education. Effective
HB 2712 (Kern/Wilcoxson): Requires majority of instructional time in
kindergarten through third grade to focus on reading and mathematics. Authorizes teachers who are certified reading
specialists to teach the third grade summer reading academies. Effective
HB 2756 (Blackwell/Laughlin): Modifies cause for dismissal of career
teacher. Establishes abandonment of contract
as cause for termination. Modifies
process for notification of recommendation for dismissal or no reemployment of
a teacher. Effective
Common Education (K-12) Funding
·
The
FY07 funding for early childhood, elementary and secondary education in the
state is increased by $185.3 million over FY06, an 8.5% increase. New funding in the $2.34 billion total is
accorded to address a broad range of needs, with some major items shown below:
·
$136
million for a $3,000 across-the-board salary increase for teachers, funded
outside of the State Aid formula.
Currently
·
$18.8
million to fund a $0.50/hour salary increase for all support personnel
beginning
·
$5
million for an early childhood public/private match pilot program. One urban and one rural program will be
matched 1:2 with private funds
·
$1.725
million to fund National Board Certification bonuses for school psychologists,
speech-language pathologists, and audiologists
·
$5.7
million to implement new test development and administration for the Achieving
Classroom Excellence program of a more rigorous high school experience.
·
$3.5
million to meet Sooner Start needs and replace federal funding.
SB 1771 (Morgan/Benge): Creates the
SB 1956 (Crutchfield/Ingmire): Changes name of the Board of Regents of
Oklahoma Colleges to the Regional University System of Oklahoma. Effective
Postsecondary
Education Funding
New funding is added to the Oklahoma State
System of Higher Education to raise the FY07 appropriation by $130 million over
the FY06 appropriation, for a total of $1.02 billion. This represents a 14.6% increase in new
funding. Primary new needs are as
follows:
·
$18
million to annualize the payments for the debt authorized in the Oklahoma
Higher Education Promise of Excellence Act in 2005. When added to the $15 million placed in the
base last year, a total of $33 million will be available for debt retirement.
·
$10
million to address growing needs in the Oklahoma Higher Learning Access
Program. This brings the annual OHLAP
commitment to $37.1 million.
·
$102
million to address critical needs like the reduction of the funding gap in
higher education with other states, and institutional priorities.
Career & Technology Education M
HB 2068 (Martin/Ford): Changes legal notice publication requirements
for elections of board members of technology center school districts. Requires publication in each county where the
school district is a member of the technology center district. Effective
HB 2139 (DePue/Garrison): Allows the State Board of Career and
Technology Education to accept and expend funds from any source in order to
market, advertise or promote programs and services available through the Career
and Technology Education system.
Effective
HB 2983 (Ingmire/Garrison): Authorizes State Board of Career and
Technology Education to participate in activities pertaining to recruitment of
companies to locate or expand operations in this state. Providing exception to State Travel
Reimbursement Act for certain specified employees of Department of Career and
Technology Education when traveling for purpose of business recruitment,
training, and technical assistance.
Effective
Career & Technology Education Funding
Funding for the Oklahoma State Career and
Technology Education system is increased by 13%, or $17 million, for an FY07
total of $147.2 million. New funding is
intended to provide personnel and programs as follows:
·
$6.0
million to fund a $3,000 across-the-board salary increase for teachers.
·
$1.1
million to fund a $0.50/hour salary increase for all support personnel
beginning
·
$3.9
million to address continuing expansion needs for programs in comprehensive
high schools.
·
$60,000
to fund the Education Employees Service Incentive Plan beginning
·
$6.0
million to fund capital needs.
SB 1293 (Crutchfield/DeWitt): This measure authorizes allows small
communities, rural water or sewer districts and substate planning districts to
join together and contract for the services of licensed public water supply or
wastewater operators to assist in the operation of smaller systems. Effective
SB 1366 (Hobson/Roggow): Modifies the apportionment of the one-cent
per gallon fee on motor fuels which supports the Petroleum Storage Tank
Indemnity Fund and the petroleum storage tank regulatory division of the Corporation
Commission by directing 8% of the annual funds, after the first One Million
Dollars which goes into the Corporation Commission Revolving Fund, go to the
Department of Environmental Quality Revolving Fund for the purpose of
remediating petroleum related hazardous waste sites such as abandoned refinery
sites. This one-cent per gallon
assessment generates approximately $24 million dollars annually. The remainder of the assessment will continue
to be used to support the remediation of leaking underground petroleum tanks
and the State Transportation Fund. Effective
SB 1460 (Wyrick/DeWitt): Creates the Uniform Environmental Covenants
Act. This act applies to real property
in this state and creates a covenant that is recorded and runs with the land
and which provides information of any environmental contamination on the
property and remediation efforts. Effective
SB 1463 (Wyrick/Glenn): Modifies the “Lead-Impacted Communities
Relocation Act to include relocation assistance based on the risk of subsidence
or sinkholes created by historic mining activity. Relocation assistance was first enacted in
2004 for the purpose of moving young children out of the area to reduce their
exposure to lead. The act created a
public trust which is authorized to buyout property owners and renters who live
in the most at-risk areas which encompass the communities of Picher and Cardin
in far
SB 1557 (Shurden/Roggow): Authorizes owners of solid waste landfill
disposal sites to retain ten cents per ton of the solid waste disposal fee to
recoup the cost of installing a wheel wash system at the landfill disposal
site. Mud falling off the tires of trash
trucks leaving landfill sites has been a problem on county roads. Effective:
SB 1574 (Laughlin/Blackwell): Gives more authority to the Oklahoma Water
Resources Board when dealing with persons they determine is committing waste of
water. Previously the Board was limited
to filing a complaint in district court and under the provisions of this act,
OWRB employees may now pursue voluntary compliance, issue cease and desist
orders, suspend a permit or other administrative remedies prior to filing a
complaint in district court. Effective
SB 1594 (Laster/Winchester): Updates governing
statutes of the Oklahoma Liquefied Petroleum Gas Board so they can comply with
federal requirements, such as authorizing criminal background checks for
certain employees and establishing limitations on liability if customers alter
or modify LP Gas burning equipment without the knowledge and consent of the LP
Gas seller. SB 1594 further allows the
Board to retain any monies collected from administrative penalties in their
Liquefied Petroleum Gas Fund instead of the state’s General Revenue Fund. Effective
HB 1913 (Peters/Lamb): Defines the term “hearing” as a proceeding
before an Administrative Law Judge, Appellate Referee or the Corporation
Commission en banc, in order to allow some standard procedures relating to oil
and gas issues to be done by mail or other means rather than in person. Effective
HB 2355 (Cooksey/Jolley): Allows the Oklahoma Municipal Power Authority
to enter into interest rate swaps and use certain financial derivative products
to hedge interest rate risk or manage costs relating to bond issues. Effective
HB 2506 (Adkins/Lerblance): Extends the expiration
date for the deposit of petroleum excise taxes into the Corporation
Commission’s plugging fund. Grants the Corporation Commission jurisdiction and
authority over seeping natural gas and creates a Corporation Commission Gas
Seep Fund. Effective
HB 2507 (Adkins/Lerblance): Allows the Petroleum Storage Tank Division to
add the fuel additive MTBE to the list of petroleum products they test for when
planning a remediation project to cleanup leaking underground petroleum storage
tanks. The bill also modifies the list
of petroleum systems which are not regulated by the Commission by including
small Fleet and commercial aboveground storage tank systems. Effective
HB 2603 (DeWitt/Justice): Modifies the Oklahoma Department of
Agriculture, Food and Forestry’s authority over certain spills of wastewater or
manure from swine animal feeding operations.
Certain spills are not required to be reported to the Department if they
involve less than 100 gallons, but any spill which leaves the CAFO operation
property must be reported. The bill also
requires the Department to maintain records of all discharges and spills. Effective
HB 2604 (DeWitt/Shurden): Directs the Department of Agriculture, Food
and Forestry to obtain authorization from the federal Environmental Protection
Agency to administer all National Pollution Discharge Elimination System
(NPDES) programs for agriculture point and nonpoint source discharges within
the areas of their jurisdiction. Effective
HB 2691 (Adkins/Lamb): Recodifies a section of
law which was the subject of a challenge in the Oklahoma Supreme Court. The law applies restrictions to persons
building a habitable structure within a certain distance of an oil or gas
well. At issue was a case where an adjoining
landowner built a home closer than is allowed by the statute and was sued by
the producer. The court sided with the
landowner by saying the statute only applied to the surface owner where the
well is located, not to an adjoining landowner based on the statute being
originally codified as part of the surface damages act. As this was not the intent of the original
law, this measure recodifies the section so it will not be considered part of
the surface damage act. Effective
HB 2766 (Roggow/Rabon): Exempts certain temporary employees of the
Department of Environmental Quality from applying against limitation on
full-time equivalency (FTE) employees.
Effective
HB 2810 (Denney/Morgan): Creates the “Oklahoma Refinery Revitalization
Act” which establishes a streamlined and coordinated state, federal, tribal,
and local authorization, review and preapplication process for refinery
facility applications. Also directs the Corporation Commission to cooperate
with the Federal Energy Regulatory Commission on authorizations for crude oil
or refined petroleum product pipeline facilities. Permits a taxpayer to treat certain costs of
a qualified refinery property as a nonchargeable expense to a capital account
and limits the deduction to certain years. Allows certain refiners to take a
deduction for certain sulfur regulation compliance costs. Effective
HB 3015 (Armes/Lerblance): Modifies the requirements relating to the
frequency of sampling for certain monitoring wells at Confined Animal Feeding
Operations. If wells are found to be dry
for three consecutive years, sampling may be reduced to once every three
years. Effective
Conservation Commission Funding
The Conservation Commission will receive $1.3
million for a district employee pay raise.
The appropriation for the Commission totals $9.0 million.
The Department of Environmental Quality was
appropriated an additional $750,000 in order to assist small communities with
environmental compliance. The total appropriation for the agency is $9.5 million.
HB 1173 takes the Gross Production REAP Water
Projects monies that totals about $7,489,501 and splits it three ways between
the Oklahoma Water Resources Board, the Conservation Commission, and the
Oklahoma Tourism and Recreation Department., each agency receiving
$2,496,500. The bill also includes a
sunset provision for the split.
Gaming, Sports & Amusements M
SB 1058 (Hobson/Shoemake): Modifies definition of “horse racing” to
exclude racing of cloned horses. Deleting prohibition against more than two
Horse Racing Commission members from the same congressional district. Effective
SB 1089 (Wilcoxson/Kern): Prohibits the Oklahoma Lottery Commission
from issuing a certificate of authority to act a lottery retailer to any
applicant doing business as a pawnbroker, supervised lender or payday lender or
whose primary business is categorized as a check casher. Effective
SB 1399 (Lerblance/Roggow): Modifies definitions relating to the Oklahoma
Horse Racing Act. Clarifies enforcement
of certain licensing provisions and creates new penalty for violation. Modifies
the way a horse’s eligibility is verified.
Effective
Government M
SB 516 (Branan/Nance):
Relates to chief of police; sets the following minimal qualification for the
chief of police of a municipality:
·
Be
at least 21 years of age;
·
Be
a citizen of the
·
Possess
a high school diploma or GED;
·
Be
certified as a peace officer by CLEET or meet all requirements necessary for
CLEET certification;
·
Have
successfully completed a chief of police training school within 12 months of assuming
the position of chief of police; and
·
Authorizes
removal from position as chief if person does not meet qualifications; authorizes
CLEET and the Association of Chiefs of Police to develop a Police Chief
Administrative School; and exempts any person who is chief of police and is currently
serving in that capacity on or before the Effective of the act. Effective
SB 1331
(Aldridge/Case): Relates to counties;
increases the dollar limit from $250 to $500 for supplies and materials subject
to the uniform identification inventory system.
Effective
SB 1491
(Anderson/Case): Relates to traffic regulations; states a municipal governing
body may establish ordinances or regulations governing the operation of motor
vehicles upon the roads and streets within the municipality to be consistent
with state law if it is reasonably related to traffic safety or control or flow
of traffic. Effective
SB 1581
(Leftwich/Terrill): Allows municipal
and state employees with duties of fire protection or law enforcement to
receive unused leave pay at regular rates if leave requests are denied for
extraordinary circumstances and leave cannot be used within the time frame
allowed for such leave. Unused leave
compensation is to be paid at the end of the time frame when such leave should
have been used. Effective
SB 1624 (Lamb/Ingmire): Modifies Oklahoma Emergency Response Systems
Development Act to permit stretcher aid van services in counties with
populations in excess of 300,000 people.
Changes name of the Oklahoma Rights of the Terminally Ill or
Persistently Unconscious Act to the Oklahoma Advance Directive Act. Modifies and clarifies
SB 1697 (Coffee/Cargill) Authorizes municipalities
to require certain assurances from cable television operators when awarding or
renewing franchises. Allows cable operators to provide certain programming in
lieu of certain requirements. Defines term. Effective
SB 1934 (Corn/Blackwell): Creates Sheriffs’ Personnel Task Force to study issues related
to recruitment and retention of deputy sheriffs and detention officers and make
recommendations to improve the same to the Legislature and the Governor by
SB 1972
(Crain/Sullivan): Relates to the sale or
lease of lands; requires specific approval from the Commission for the sale or
transfer of land which will result in a remainder tract of land of 5 acres or
less. Effective
HB 1672
(Nations/Hobson): Requires a veterinarian
to report suspected animal abuse cases to a local law enforcement agency within
24 hours of the examination or treatment; authorizes the removal or the abused
or neglected animal from its present custody and authorizes the peace officer
or animal control officer to take custody of any animal found neglected or
cruelly treated; authorizes the agency who took custody of the animal to
petition the court for a bond hearing to determine the cost and care of the
animal; modifies the scope of the crime of abused or neglected animal; and
provides for the humane destruction of animals. Effective
HB 2361
(Banz/Aldridge): Relates to a municipal governing body authority to clear
property within the municipal limits of trash and weeds or grass; requires the
expenses be paid by the owner within 30 days and if payment has not been
received then within the next 60 days the clerk shall forward a statement to
the county treasurer and the cost shall be levied on the property and collected
as other taxes authorized by law; modifies the amount a county officer my
assess and collect as a fee for worthless checks, drafts, order or voucher;
authorizes notice to be mailed to a county treasurer and county assessor for
liens filed on consumers who abandons or surrenders a manufactured home;
modifies the amount of tax owed on ad-valorem basis if the amount is less than
$25; and changes the statute of limitations from 7 years to 3 years on tax sale
certificates. Effective
HB 2421
(Bingman/Fisher): Modifies criteria for
municipal incorporation; adds exception to notice of charter amendments to
publish only the article contained in the proposed charter amendment. Effective
HB 2424
(Glenn/Garrison): Relates to the
Competitive Bidding Act; adds penalty for violation of certain provisions of
the act for the purpose of avoiding the requirements of the act. Effective
HB 2425 (Glenn/Wyrick): Modifies authorization for county
commissioners to use county owned equipment and supplies on county owned land
or public schools. Effective
HB 2591
(Case/Aldridge): Authorizes the county
excise board to authorize the county treasurer to appropriate money to a fund
which is temporarily insufficient; and requires funds temporarily transferred
to be repaid to the original fund from which they were transferred within the
fiscal year the funds were transferred. Effective
HB 2611
(Case/Garrison): Authorizes each county
officer and each county assessor to receive a monthly travel allowance of $500
and each county clerk, court clerk and county treasurer to receive a monthly
travel allowance of $400; prohibits elected officials from receiving an
incentive award for safety-related job performance; and adds locations for
auctions of real property. Effective
HB 2612
(Case/Branan): Prohibits municipalities
from regulating the transportation of fireworks in their unopened original
packaging in a motor vehicle within the municipal limits. Effective
HB 2796
(Nations/Garrison): Creates the
Municipal Budget Act which adds an alternative to municipalities’ budget
format. Effective
SB 489 (Riley/Miller, Doug): Removing time limitation for disqualification
of an applicant for appointment as Highway Patrol Cadet. Effective
SB 558 (Shurden/Liotta): Increases minimum limits of contracts which
must be competitively bid from $25,000 to $50,000. Creates new requirements related to motor
vehicle fleet management. Requires
written bids for public construction contracts exceeding $50,000 with certain
exceptions. Establishes criteria for use
of design-build and construction management project delivery methods. Requires DCS to review state agency
transactions to lease or acquire real property.
Effective
SB 1091 (Morgan/Winchester): Increases powers of Board of Directors of the
Tobacco Settlement Endowment Trust Fund. Provides procedures, requirements and
restrictions for the awarding of grants by the Board. Specifies types of
expenses which may be considered to be “administrative expenses” and increases
allowable amount which may be expended on such expenses. Specifies types of
expenses which may be considered to be “program expenses”. Requires development
of policies and procedures with regard to expenses. Effective
SB 1129
(Crutchfield/Benge): Directs the Department of Central Services to
provide for the renovation of space on the first floor of the State Capitol for
use as a visitors’ center, orientation theater, and gallery, to be open by the
statehood centennial on November 16, 2007. The Department is directed to
work with the Capitol Architect and Curator to ensure preservation and
maintenance of the cultural and historic integrity of the State Capitol.
The Department of Tourism and Recreation is directed to provide for the
administration and maintenance of the visitors’ center and theater. The
projects are to be funded with interest earned on bonds issued for the Lincoln
Renaissance Project in 1999. Effective
SB 1359
(Myers/Kern): Relates to the state flag;
requires standard colors and design used in the production of the flag; and
requires state agencies and boards of education to display the standard
flag. Effective
SB 1401 (Paddack/Plunk): Allows CLEET to house trainees instead of
reimbursing trainees for housing, to rent out facilities for a fee and to
accept payment of fees by business check or credit card. Effective
SB 1405
(Morgan/Hiett): Requires renovations on space in the State Capitol being
vacated by the
SB 1613
(Laster/Liebmann): Designates the wild
turkey Meleagris gallopavo as the state game bird and the dinosaur
Acrocanthosaurus atokensis as the state dinosaur. Effective
SB 1678
(Laughlin/Hickman): Designates the
Mexican free-tailed bat as the state flying mammal. Effective
SB 1686 (Lerblance/Liotta): Allows state agencies to pay employees
overtime for working on state holidays. Requires payment of overtime at twice
regular rate to fire suppression employees who work on holidays. Effective
SB 1706 (Shurden/Billy): Authorizes the Muscogee (Creek) Nation to take
over certain state agency housing authority programs and assume all liability
and assets of such state agency housing authority programs. Provides procedures
for assumption of such programs. Effective
SB 1831 (Johnson, Constance/Peters): Provides that skill-based pay adjustments for
state employees, implemented on or after November 1, 2006, shall be paid only
as long as employee is employed in position which requires the employee to use
the skill for which the employee is being paid.
Effective
SB 1919 (Johnson,
Constance/Shumate): Creates the
SJR 48
(Anderson/DePue): Requests the Oklahoma
State Senate and the Oklahoma House of Representatives authorize an official
meeting of the state legislature at Convention Hall in Guthrie on Statehood
Day,
HB 2516 (Young/Leftwich): Expands the authority of the Capitol
Improvement Authority to hold title to certain property for the benefit of the
Oklahoma State Bureau of Investigation.
Title may be held for real and personal property including equipment and
furnishings. The bill increases the
maximum amount for negotiable obligations from $22 million to $28.3 million and
changes the maximum amount for acquisition of property in
HB 2554 (DePue/Coates): Authorizes the Department of Central Services
to establish a database for facilities management. Effective
HB 2664 (Roan/Corn): Changes the classification and qualifications
of certain Department of Public Safety and Highway Patrol personnel and their
pay rates. Effective
HB 2982 (
Department of Central Services Funding
The Department of Central Services FY’07
appropriation is $13.6 million. This is a $1.4 million or 11.2%, increase from
FY’06. This includes $1.2 million in additional money is to cover increased energy costs for state buildings.
The State Election Board’s FY’07 appropriation
is $7.7 million. This is a $1.1 million,
or a 16.4%, increase from FY’06. The additional money includes $950,000 to reinstate funding depleted by the
H
SB 990 (Cain/Cox): Establishes the Genetic Counseling Licensure
Act. Requires persons engaging in the
practice of genetic counseling to obtain a license. States requirements for licensure. Authorizes and sets requirements for
temporary licensure. Provides for
certain practices that may be performed without license. Sets continuing education requirements for
licensees. Directs the State Board of
Health to promulgate rules regarding the licensure of genetic counselors
pursuant to recommendations from the Genetic Counseling Advisory
Committee. Creates the Genetic
Counseling Licensure Revolving Fund to be administered by the State Department
of Health. Effective
SB 1056 (Hobson/Balkman): Exempts certain refunding or defeasance
obligations from a requirement for legislative approval. Requests that the Board of Regents of the
SB 1091 (Morgan/Winchester): Expands the powers of the Board of Directors
for the Tobacco Settlement Endowment Trust Fund. Exempts the selection and awarding of certain
grants from the Oklahoma Central Purchasing Act. Requires the Board to develop a competitive
process for awarding such grants.
Provides confidentiality requirements for information relating to the
grants. Modifies the restrictions on the
operating budget of the Board. Specifies
items which may be part of the programs budget for the Board. Effective
SB 1097 (Adelson/Lamons): Exempts hearing aid equipment purchased or
supplied by the State Department of Health from provisions in Section 110.1 of
Title 74 which require the Department to track inventory of such devices. Clarifies that the provisions of Section
300.53 of Title 63, which regulate the licensing of Long-Term Care Administrators,
shall not be construed to add additional requirements for the licensure of
assisted living administrators.
Effective
SB 1308 (Leftwich/Cooksey): Expands the membership of the Oklahoma Breast
and Cervical Cancer Prevention and Treatment Advisory Committee by adding two
members from the Oklahoma Health Care Authority. Effective
SB 1311 (Crain/Cox): Directs the State Anatomical Board to
designate agents to receive, store, issue and cremate anatomical materials used
for health science education and research in Oklahoma. Removes requirement that unclaimed bodies
unfit for anatomical purposes be returned to the county of deceased for
burial. Authorizes the Chief Medical
Examiner to request autopsies. Requires
reimbursement to the Board’s agent for claimed bodies embalmed and transported
at the expense of the agent. Removes the
requirement which states that entities which use anatomical materials must keep
permanent record. Directs the Board to
cremate bodies upon return and requires bodies sent to other states to be
cremated in that state before return.
Repeals the Anatomical Board Fund.
Effective
SB 1318 (Bass/Carey): Authorizes the Oklahoma Department of
Veterans Affairs to provide an employer-based program to train nurse aides for
certification by the State Department of Health. Effective
SB 1394 (Paddack/Cox): Creates the "Health Care Workforce
Resources Center" the purpose of which is to coordinate, facilitate and communicate
statewide efforts to meet supply and demand needs for Oklahoma's health care
workforce. The act sets forth the focus
for the center as well as funding options.
It creates a governing board for the center and establishes the duties
of the board. Effective
SB 1509 (Coffee/Adkins): Adds mobile dental units to the list of
entities defined as “treatment facilities”.
Effective
SB 1624 (Lamb/Ingmire): Modifies Oklahoma Emergency Response Systems
Development Act to permit stretcher aid van services in counties with
populations in excess of 300,000 people.
Changes name of the Oklahoma Rights of the Terminally Ill or
Persistently Unconscious Act to the Oklahoma Advance Directive Act. Modifies and clarifies
SB 1640 (Johnson, Constance/Balkman): Adds residential care homes to the list of
facilities which may participate in the Board of Pharmacy’s program through
which unused prescription drugs are transferred from certain facilities to
pharmacies operated by a county.
Effective
SB 1707: (Myers/Duncan): Requires the Department of Corrections to
make a list of registered sex offenders available to the Commissioner of
Health. Authorizes the State Commissioner
of Health to distribute information from the sex offender registry to any
nursing home or long-term care facility.
Effective
SB 1726 (Nichols/Cargill): Removes requirement that the Department of
Mental Health and Substance Abuse Services consult with D.U.I. School
Administrators of Oklahoma when promulgating rules pertaining to alcohol and
drug substance abuse courses (ADSAC).
Adds new definitions relating to ADSAC.
Sets requirements for individuals offering ADSAC assessments. Requires the Department to promulgate rules
regulating assessments and provides for noncompliance. Requires ADSAC assessors to certify all
persons who successfully complete assessments. Effective
SB 1737
(Hobson/Balkman): Creates the
SB 1742 (Barrington/Billy): Amends definition of "human being"
to include an unborn child for purposes of homicide. Modifies punishment allowable for certain manslaughter
conviction. Requires woman seeking
abortion be told at least 24 hours before the abortion that ultrasound imaging
and heart tone monitoring are available.
Requires the publication of information on agencies which offer these
services. States that a person who
knowingly or recklessly performs an abortion in violation of this act is guilty
of a felony. Creates the "Unborn
Child Pain Awareness/Prevention Act".
Requires certain information about pain and the unborn child be given to
a woman seeking an abortion on a child whose gestational age is 20 weeks or
more. Requires that anesthetic or analgesic
be offered to eliminate or alleviate the pain.
Requires the publication of certain information regarding pain and the
unborn child. Sets forth reporting
requirements. Provides punishment for
violation of act. Provides cause of
action to certain persons for violation of act.
Addresses anonymity of woman upon whom an abortion has been performed
for purposes of civil and criminal violations of this act. Requires parental consent before an abortion
can be performed upon a minor. Provides
exceptions for victims of sexual abuse.
Authorizes State Department of Health to establish program to facilitate
funding to nongovernmental entities that provide alternatives to abortion. Creates the "Alternatives-to-Abortion
Services Revolving Fund". Effective
SB 1771 (Morgan/Benge): Creates the
SB 1803 (Nichols/Balkman): States the powers and duties of the Office of
Accountability Systems of the ‘State Department of Health. Effective
SB 1850 (Cain/Denney): Changes “nursing home administrators” to “long-term
care administrators”. Deletes provisions
regulating qualified mental retardation professionals. Authorizes the Oklahoma State Board of
Examiners for Long-Term Care Administrators to warn, censure and impose administrative
fines. Permits the Board to collect
costs associated with a hearing. Allows
the Board to grant short-term provisional licenses. Authorizes the Board to order a summary
suspension of licenses or permits.
Effective
SB 1971 (Riley/Peters): Exempts initial application fees, first-year
license fees, permanent license fees, renewal of permanent license fees and
late renewal fees for hospices from fee limitations. Effective
HB 2102 (Cox/Paddack): Prohibits the member representing the
pharmaceutical industry on the Medicaid Drug Utilization Review Board from
voting on action items involving drugs or classes of drugs. Effective
HB 2458 (Peterson, Pam/Lamb): Adds mobile dental units to the list of
entities considered “treatment facilities”.
Deletes limitation on investigators who conduct investigations of alleged
violations of the State Dental Act. Effective
HB 2465 (Askins/Gumm): Extends the requirement by which hospitals
that have not received certain approval by the State Commissioner of Health are
required to provide certain verification to the Commissioner. Extends the date by which the Uncompensated
Care Equalization Committee must make its recommendations to the Legislature. Effective
HB 2485 (Nance/Laster): States that substances containing salvia
divinorum that have been enhanced, concentrated or altered are to be considered
synthetic controlled substances. Creates
the Task Force on Adolescent Substance Abuse and Misuse of Household
Items. Effective
HB 2842 (Steele/Adelson): Establishes the
HB 2865 (Worthen/Cain): Modifies mental health definitions. Authorizes the establishment and collection
of fees for certain mental health programs.
Authorizes the postponement, denial, revocation or suspension of certification
for failure to comply with certain rules.
Clarifies requirements for use of Class II controlled dangerous
substances. Deletes the form regarding
certificates of evaluation. Requires
notification if the district attorney refuses to file certain petitions
regarding minors. Limits the commitment
time for minors in need of treatment.
Repeals Sections 3-312 and 3-314.1 of Title 43A, which relate to
domestic violence and sexual assault.
Repeals Sections 3-501 and 3-502 of Title 43A, which relate to the
Oklahoma Comprehensive Mental Health Services for the Deaf and Hard-of-Hearing
Act. Repeals 9-102, 9-103 and 9-104 of
Title 43A, which relate to the commitment of alcohol or drug dependent
persons. Effective
SB 80XX appropriates $701 million to the
Oklahoma Health Care Authority. This is
an increase of $67 million or 10.5% over the agency’s FY’06 appropriation. Within this appropriation, $22 million will
be used to fully implement a 13.2% increase in nursing reimbursement rates and
a 10% rate increase for ICF/MR facilities.
SB 80XX also includes $13 million to increase hospital and physician
rates for six months. These funds will
allow hospitals to be reimbursed at their Upper Payment Limit (UPL). Finally, SB 80XX includes $622,806 for High
Risk OB. These funds will provide for
enhanced prenatal care and treatment to pregnant women.
SB 80XX provides $71.1 million to the Oklahoma
Health Department for FY’07. This appropriation
is an increase of $8.3 million or 13.2 % over last year’s appropriation.
Within the Department’s appropriation, $1.3
million was designated for the Children First and Office of Child Abuse
Prevention (OCAP) programs. $1.134
million was appropriated to the Department for cancer screenings. $ 634,000 will go towards breast and cervical
cancer and $500,000 will go towards helping to educate Oklahomans about colon
cancer and providing for screenings of colon cancer. Another $500,000 of the Department’s appropriation
was designated to go towards the purchase of 36,815 flu vaccines for pandemic
influenza.
SB 80XX also appropriated $3 million for an
emergency room doctor training program.
These funds will towards creating an emergency medicine residency
program at OU-Tulsa. The HIV Drug Assistance
Program, otherwise known as the Ryan White Program was allocated $604,000. These funds are needed just to maintain the
current program. $296,200 was
appropriated to the Department to provide for two (2) mobile dental units
($100,000) and to administer the Dental Loan Repayment Program enacted in SB
1737 ($196,200). This program reimburses
five dentists a year $25,000 for dental school loans, where the dentists
business is compromised of at least 30% Medicaid clients. One of these five dentists is required to be
a teacher at the
Mental H
SB 80XX appropriates $194 million to the
Department of Mental Health and Substance Abuse Services. This is an increase of $22.5 million or 13.1%
over the agency’s FY’06 appropriation.
This appropriation includes funding to annualize the State-Wide Drug
Court Program enacted last year ($8 million), as well as annualizations for the
Systems of Care program ($935,062) and the Program for Assertive Community
Treatment (PACT) program ($700,000). Within SB 80XX, $4.125 million was appropriated
for various adolescent substance abuse and mental health programs, including
adolescent crisis response teams ($1.5 million), services for transitional
youth ($622,500), core services for kids ($408,750) and residential adolescent
substance abuse services ($1.5 million).
This funding will
create a children's crisis response system including: 15 mobile crisis
teams and 2 regional crisis stabilization units. Funding will also
provide 1,800 additional youth with core mental health services.
These
various adolescent programs were funded for nine months and will need to be
partially annualized for FY’08. SB 80XX
also included $1.5 million for an Assessment and
The Department was also appropriated $2.25
million in SB 80XX for mental health and substance abuse provider rate
increase. These rate increases were
funded for nine months and will also need to be partially annualized in the
FY’08 budget. Residential Care also
received $300,000 for a rate increase in SB 80XX. Another major funding piece
within the Department’s appropriation was $1.2 million for Mental Health
Courts/Jail diversion. This appropriation
will fund a combination of ten (10) mental health courts and jail diversion
programs. This initiative is funded for
six months and will need to be annualized in the FY’08 budget. Finally, $277,163 will go to help purchase
newer generation medications for those who seek services from the Department.
SB 1040 (Riley/Peters): Requires certain state agencies that provide
services to maintain an Internet web site upon which application forms for the
services they provide to be accessed and downloaded by individuals wishing to apply
for the services. Requires each agency
to provide a link to the other agencies required to provide application forms
on their web sites. Effective
SB 1065 (Gumm/Ingmire): Deletes provision that requires the
Department of Human Services to maintain copies of certain warrants issued for
payments of assistance by the Commission for Human Services and the State Treasurer. Effective
SB 1637 (Johnson, Constance/Morgan, Fred): Removes provision which allows a person to
reapply to the State Board of Licensed Social Workers for a new provisional
license after the person fails to pass the necessary examination within one
year from the date of the issuance of an expired provisional license. Effective
SB 1799 (Riley/Morgan, Danny): Modifies semiannual reviews of youthful
offenders. Extends the jurisdiction and
custody or supervision over a youthful offender. Directs the Department of Juvenile Justice to
discharge certain youthful offenders at age eighteen. Provides for motions for extension of
jurisdiction and custody or supervision.
Modifies reasons by which a youthful offender may be sentenced as an
adult. Requires the court to provide
certain information to the Department of Corrections for youthful offenders who
are sentenced as adults. Allows
time-served credits for youthful offenders who are sentenced as adults. Provides legislative intent regarding the
Youthful Offender Act. Effective
SB 2017 (Johnson, Constance/Balkman): Extends the Strategic Planning Committee on
the Olmstead Decision until
HB 2366 (Jett/Riley): Authorizes the transfer of appointments made
by the Oklahoma Commission on Children and Youth in certain circumstances. Authorizes the Office of Juvenile Affairs
(OJA) to enter into a contract for professional services. Requires motions regarding children to be
filed prior to the child’s eighteenth birthday.
Authorizes the inspection of mail addressed to a child or sent by a
child in custody. Allows OJA to contract
with the organization accrediting a service or faculty. Deletes language that promotes a controlled
and regimented environment. Prohibits
the placement of a child in jail, lockup or detention facility for violation of
certain municipal ordinances. Limits the
time a child may be placed in a juvenile detention facility. Replaces the military mentor program with a
counseling program. Allows OJA and the
court to require parents to provide a written agreement stating the child will
not attend school. States that the
Department shall not be ordered to provide transportation for a juvenile destined
for a secure institution. Effective
HB 2592 (Peters/Cain): Modifies definitions pertaining to the Group
Homes for Persons with Developmental or Physical Disabilities Act. Alters powers and duties of the Department of
Human Services (DHS). Modifies DHS procedures
for group home complaints. Changes abuse
reporting regulations. Permits DHS to
invoke licensing sanctions on any group home in violation of the act. Modifies DHS regulation of minimum standards
for group homes. Instructs providers of
group homes to make reports of fire safety inspections available. Removes requirement that certain DHS records
be disclosed to the public. Modifies
content of application form for licensure of group homes. Changes eligibility requirements for
licensure. Modifies conditions under
which operation of a group home may be transferred. Alters list of information that must be made
available by providers and licensees.
Modifies information group home providers must retain for public
inspection. Amends the rights and
responsibilities of group home residents.
Modifies the content of contracts between residents or their guardians
and group homes. Deletes requirements
for protection of group home residents’ funds and requires DHS to promulgate
rules to protect such funds. Deletes the
authorization for certain persons to have access to residents. Modifies prohibition regarding insurable interest
or insurance benefits. Amends inspection
procedures. Expands certain regulations
to include licensees. Repeals Sections
1430.5, 1430.10, 1430.16, 1430.21, 1430.28, 1430.29 and 1430.30 of Title 10,
which relate to the Group Homes for Persons with Developmental or Physical
Disabilities Act. Effective
HB 2882 (Steele/Laster): Allows couples counseled by persons trained
by nationally recognized marriage education curriculum, including the
Prevention & Relationship Enhancement Program (PREP), to receive a reduced
marriage license fee. Requires a minimum
of four hours of education or counseling.
Effective
HB 2999 (Winchester/M. Johnson): Modifies definitions relating to Oklahoma
Juvenile Code. Modifies eligibility
requirements for members appointed to the Board of Juvenile Affairs and amends
the duties of the Board. Changes the
duties of the Executive Director of the Office of Juvenile Affairs (OJA). Delineates Divisions within OJA. Requires OJA to give consideration to
recommendations of the Oklahoma Association of Youth Services. Directs OJA to enter into contracts for
certain facilities, programs and services and provides contract requirements. Modifies collaborative planning process. Exempts specified contracts negotiated by OJA
from certain provisions of the Oklahoma Central Purchasing Act. Effective
HB 3042 (Peters/Cain): Expands the term limit for members of the
Oklahoma Commission on Children and Youth from two to three terms. Sets end dates for members’ terms. Effective
·
The
Department of Human Services (DHS) was appropriated $535.8 million for
FY'07. This amount represents an 11.1
percent increase ($53.8 million) from their FY'06 appropriation. This funding increase for FY'07 can be used
for:
·
Replacement
of federal funds lost due to the reduction in Oklahoma’s Federal Medical
Assistance Percentage (FMAP) ($5.3 million) and the denial of the federal match
for a rate increase previously granted to therapeutic foster care providers
($1.4 million);
·
Subsidies
for children of low-income working parents to ensure access to high-quality
child care. ($9.2 million)
·
The
ADvantage program, which provides home health care services as an alternative
to nursing home care. ($6.6 million)
·
Foster
care for children who have been removed from their homes due to abuse or
neglect. ($4.4 million)
·
Subsidies
for families adopting special-needs children. ($907,000)
·
Providing
services through the home and community based waiver for persons presently on
the Developmental Disabilities Services Division (DDSD) waiting list. ($2.0
million)
·
Additional
support for senior nutrition programs and area agencies on aging. ($2.5 million)
·
Rate
increases for the following service providers: family foster care ($1.75
million); special-needs adoption assistance ($1.25 million); Level D+ and Level
E group homes ($1.9 million); developmental disabilities (home and community
based waivers) ($3.0 million); foster care for children with developmental
disabilities ($266,000); emergency shelters that contract with DHS ($16,000)
·
Hiring
100 additional child welfare caseworkers ($3.5 million)
·
Increased
efforts to collect unpaid child support owed to custodial parents. ($1.5 million)
·
Expanding
·
Group
homes and services for mentally retarded persons charged with dangerous crimes
but found incompetent to stand trial ($699,001)
Department of Rehabilitation Services Funding
The Department of Rehabilitation Services
(DRS) was appropriated $29.2 million for FY'07.
This amount represents a 7.1 percent increase ($1.9 million) in state
funds from the FY'06 appropriation. With
this increase, DRS can perform a number of functions:
·
Provide
adaptive training and services to persons aged 55 and older who are blind
through the Older Blind Program. ($500,000)
·
Ensure
that salaries for teachers at the
·
Provide
new textbooks for students at the
·
Replace
transport vehicles at the
SB 1095
(Coates/Liebmann): Relates to insurance and the list of unfair methods of
competition and unfair or deceptive acts or practices. The bill adds to
the list the deceptive use of a financial institution’s name in certain ways in
notification or solicitation, either verbally or otherwise, and provides an
exception. Effective
SJR 32 (Corn/Piatt): Disapproves rules of the Real Estate
Appraiser Board which limited the number of trainee appraisers an appraiser may
supervise to three and directing Board to develop supervisory program for
trainee appraisers. Effective
HB 1313
(Johnson/Barrington): Relates to insurance and modifies the provisions
which provide that 50 or more farmers who collectively own property valued less
than $25,000 may associate themselves together for the purpose of
insurance. It removes certain location restrictions and makes all
property owned by them to be insurable. It would also require such
associations to comply with all provisions of the Insurance Code not
inconsistent with the provisions of the article. Effective
HB 2375 (Newport/Aldridge): Modifies definition of surplus insurer to
require a producer to make direct inquiry to authorized insurers before
procuring coverage from unauthorized insurers and requiring broker to file
affidavit. Effective
HB 2685
(Newport/Aldridge): Relates to insurance. It establishes the
Interstate Insurance Product Regulation Compact and has as the intent that the
State of
HB 2867 (Worthen/Gumm): Makes information systems personnel of
CompSource
HB 2905 (Laster/Peterson, Ron): Creates an omnibus insurance bill. Deletes references to Property and Casualty
Rate Board. Modifies provisions related to aircraft title insurance producers,
rating organizaitons and advisory organizations. Requires reinstatement of health insurance
for Oklahomans who lose coverage while on military deployment. Creates affidavit program related to workers’
compensation insurance to replace Certificate of Non-Coverage program. Effective
HB 2909 (R. Peterson/Aldridge): Requires that registered agents and asset
managers appointed by captive insurance companies be licensed in
HB 2910
(Peterson/Coffee): Relates to insurance. It defines the term
“actual charge” or “actual fee” for certain insurance policies issued after the
effective date of the act, provided that the insurance policy in effect on the
effective date of the act does not define “actual charge” or “actual
fee”. Effective
HB 2934
(Peterson, Ron/Aldridge): Relates to securities deposited under the
Oklahoma Insurance Code. It modifies the definitions of “clearing
corporation” and “custodian”. Effective
HB 3044 (Hastings/Laughlin): Allows 2 or more municipalities or public
agencies that are affiliated in certain insurance programs by interlocal agreement
to provide insurance. Effective
HB 3115 (Peterson, Ron/Williamson): Requires the Department of Public Safety to
promulgate rules to establish an online verification system for motor vehicle
insurance, establishes guidelines for implementation and use of such system and
modifies provisions related to verification of insurance. Effective
Intoxicating Liquor, Smoking & Tobacco M
HB 3043
(Hastings/Crain): Relates to intoxicating liquors and the Oklahoma
Alcoholic Beverage Control Act. It would modify the provisions for a wine
tasting event so that silent auctions will provide for bid sheets from interested
bidders at the time of the event, or on-line bidding for a period not to exceed
30 days prior to the event or both bid sheets at the event and such on-line
bids will be accepted. Effective
HJR 1066
(Calvey/Shurden): Provides for a constitutional question to be submitted
to a vote of the people to allow retail package stores to sell alcoholic
beverages on election days.
SB 648 (Laster/Harrison): Authorizes the Department of Human Services
to appeal child support orders and requires certain entities to provide certain
information to DHS in electronic format.
Effective
SB 876 (Branan/Martin): Creates the Commercial Real Estate Broker
Lien Act to give commercial real estate brokers a lien on commercial property
in an amount that the broker is due for licensed services and establishes procedures
for such liens. Effective
SB 1037 (Paddack/Hilliard): Prohibits bail for certain offenses and
authorizes the
SB 1355 (Anderson/Sherrer): Modifies requirements governing the
qualifications of a parenting coordinator.
Effective
SB 1435 (Crain/Sullivan): Modifies certain procedures in actions
relating to the inheritance of property and estate taxes. Effective
SB 1466 (Bass/Dorman): Prohibits disqualification from employment
benefits because of a claimant’s receipt of payment under a supplemental
employment benefit plan, allows certain payments by electronic means and requires
the promulgation of certain standard procedures under the Workplace Drug and
Alcohol Testing Act. Effective
SB 1476 (Bass/Banz): Modifies procedures for renewal and dismissal
of a petition for a protective order.
Effective
SB 1503 (Coffee/Morgan, Fred): Prohibits cross-examination of a victim or
family member appearing personally in a formal sentence proceeding to present a
victim impact statement. Effective
SB 1556 (Crain/Morgan, Fred): Changes the due date for the annual
certificate for domestic and foreign limited liability companies and limited
partnerships from July 1 to the anniversary date of filing the
certificate. Effective
SB 1603 (Crain/Sullivan): Establishes procedures for the disposal of
personal property in the leased premises of a deceased tenant. Effective
SB 1748 (Bass/Ingmire ): Creates the Oklahoma Consumer Report Security
Freeze Act to provide procedures for a consumer to place a freeze on his or her
consumer credit report and provides penalties for persons or entities who
willfully fail to comply with such procedures.
Effective
SB 1807 (Lamb/Sullivan): Prohibits a death sentence for a defendant
who is mentally retarded and establishes procedures for determining if a
defendant is mentally retarded. Effective
SB 1860 (Johnson, Constance/Dank): Increases the amount of a settlement on a
claim against the state or a political subdivision that must be approved by a
district court to $25,000. Effective
SB 1897 (Laster/Sherrer): Limits jury service in a trailing docket
system to no more than 5 days in a calendar year unless a juror is selected to
serve or is under consideration to serve in a trial lasting more than 5
days. Effective
SCR 59 (Laster/Liotta): Resolves that due to the Oklahoma Supreme Court
case County Comm’rs of Muskogee County v.
Lowery, issued
HB 1284 (Peters/Garrison): Authorizes the Emergency Medical Services
Authority to meet by teleconference.
Effective
HB 1908 (Shumate/Crain): Entitles a child to receive child support
until the age of 20 if he or she is attending high school or an alternative
high school education program and applies the child support guidelines to the
calculation of both parents support obligation in cases of joint custody. Effective
HB 2099 (Dank/Cain): Allows jury trials for violations of a
municipal ordinance if the fine for such violation exceeds $500. Effective
HB 2396 (Cooksey/Jolley): Allows public bodies that provide utility
services to the public to keep social security numbers of customers confidential. Effective
HB 2454 (McDaniel/Crain and Eason McIntyre): Requires a person seeking relief under the
Protection from Domestic Abuse Act to provide a copy of the complaint that was
filed with a law enforcement agency at the full hearing. Effective
HB 2490 (Nance/Coffee): Adds a $10.00 fee in certain criminal cases
for the purpose of enhancing or providing additional courthouse security. Effective
HB 2529 (Miller, Doug/Lawler): Prohibits the disclosure in a law enforcement
record or court document of the address, telephone number and other personal
information of a witness. Effective
HB 2538 (Peterson, Pam/Mazzei): Modifies procedures related to the
preadoption termination of parental rights and adds conduct that constitutes
the crime of child trafficking. Effective
HB 2561 (Peters/Paddack): Requires the Administrative Director of the
Courts to develop a standard operating manual for guardians ad litem,
authorizes waiver of certain publication requirements and modifies the
composition of the Domestic Violence Fatality Review Board. Effective
HB 2598 (Wright/Laughlin): Modifies child support provisions, including
requiring notice to the Department of Human Services of certain actions,
listing factors that may be considered a material change in circumstance for the
purpose of modification of child support orders, providing for the use of
standard modification and child support computation forms and modifying review
procedures for certain child support cases.
Effective
HB 2619 (Walker/Nichols): Modifies procedures related to municipal
bonds with purposes that include payment for conservation easements. Effective
HB 2656 (Winchester/Laster): Modifies provisions related to children,
including modifying the definition of deprived child to include a child born to
a parent who has had parental rights to another child involuntarily terminated,
establishes procedures for child support and legal custody when the juvenile
court obtains jurisdiction over a child, and modifies requirements related to
multidisciplinary teams and child advocacy centers. Effective
HB 2662 (Roan/Corn): Authorizes a drug court judge to order a stay
in the suspension or revocation of driving privileges of an offender if the
judge determines no other means of transportation is available. Effective
HB 2840 (Steele/Coates): Creates the Kelsey Smith-Briggs Child
Protection Reform Act to modify procedures related to the placement of children
and to investigations under the Oklahoma Child Abuse Reporting and Prevention
Act. Effective
HB 2962 (Sullivan/Lerblance): Deletes certain attorney of record
requirement. Effective
HB 2966 (Sullivan/Bass): Modifies procedures related to inmate
lawsuits. Effective
HB 2967 (Sullivan/Laster): Creates the Uniform Parentage Act to
establish procedures for the determination of parentage. Effective
The District Attorneys’ Council received FY’07
appropriations in the amount of $39.1 million, a 28% increase in funding. Additional money ($7.5 million) was provided
to cover the loss in collections of Wal-Mart bogus checks, as well as fund the
Council’s zero-based state funding formula.
The Office of the
The District Courts were appropriated $6.7 million
to fund a judicial salary increase, as well as a 5% pay increase for court
reporters, increasing the courts total FY’07 appropriation to $54.4 million.
Also receiving funding for judicial salary increases
were the Supreme Court, which was appropriated an additional $474,092, the
Workers’ Compensation Court, which received $189,000, and the Court of Criminal
Appeals, which received $94,000.
The Workers’ Compensation Court was also
appropriated an additional $182,000 to replace nonrecurring revolving funds
that were used in past budget shortfalls.
The Court of Criminal Appeals also received funding to replace two
vacant administrative positions.
Motor Vehicles, Water Vessels & Licensing M
SB 1495 (Corn/Miller): Creates the Kyle Williams Boating Safety
Education Act. It prohibits persons less
than 16 years of age from operating motor or sail vessels without certain
training. It restricts persons 12 to 16
years of age from operating motor or sail vessels without training and adult
accompaniment. The measure further
restricts watercraft operation near other moving vessels, docks, and swimmers
and requires possession of Boating Safety Education Certificate and photo
identification when operating any watercraft.
The bill prohibits alteration of a Boating Safety Education Certificate,
lending a certificate, possessing an altered certificate, or making a false
statement in application for a certificate. The bill creates a misdemeanor
penalty to knowingly violating the act.
Fines are $250.00 to $1,000.00 and may be deferred or dismissed by court
under certain conditions. Fines are
deposited to the credit of the Department of Public Safety in the Boating
Safety Education Fund. Effective
SB 1701
(Shurden/Case): Relates to motor vehicles.
The bill adds the District Attorney’s Council and district attorneys to the
list of entities authorized to purchase cars or buses with public funds, provided
funds are available. The definition of a motor vehicle is modified
relating to all-terrain vehicles and motorcycles. The bill authorizes the
Used Motor Vehicle and Parts Commission to increase and add certain fees.
The bill also adds a bond requirement of $15,000 for any used motor vehicle and
parts dealer who applies for a rebuilder certificate or applies for a renewal
of a rebuilder certificate and does not have such a bond. Effective
SB 1965
(Gumm/Calvey): Modifies various provisions relating to motor vehicle taxes,
fees and registration, including:
·
Exempts ATVs and off-road motorcycles from waste
tire fees and modifies language relating to fees retained by motor license
agents;
·
Defines "off road motorcycle”;
·
Excludes OTC from any part of a lawsuit relating to
certificate of title for motor vehicle and manufactured home and requires court
to issue an order dismissing OTC;
·
Modifies and clarifies fees which may be charged by
OTC for certain records searches and authorizes OTC to establish a rule
exempting certain tag agents from payment of the search fee;
·
Provides that a tag agent who collects a bad check
can also collect and retain a $25 fee;
·
Authorizes OTC to accept payment for motor vehicle
fees, taxes, etc. by debit card; and
·
Establishes minimum excise tax of $5.00 for ATVs and
off road motorcycles.
Effective
HB 1580
(Piatt/Crutchfield): Modifies procedures
with respect to liens on vehicles, manufactured homes, motorcycles, vessels,
motors and trailers, other than farm equipment, to allow liens for persons
furnishing storage or rental space. Procedures are specified for perfecting
liens and foreclosures, and for transfers of possession. Different procedures
are specified for property for which the Tax Commission or an Indian tribe does
not issue a certificate of title. Vehicles purchased from a class
HB 2588 (Duncan/Myers): Creating special license
plates for the Global War on Terrorism and the Boys and Girls Clubs of America
Supporter. Effective
HB 2597
(Piatt/Leftwich): Relates to motor vehicles and the Used Motor Vehicle
and Parts Commission. It would authorize the Commission to promulgate
rules for the installation of mobile and manufactured homes that meet certain
standards. Effective
HB 2698 (Johnson/Johnson, Mike): Extends the
reduced vehicle registration fee for active duty military to Guardsmen and
Reservists. Effective
HB 3085
(Case/Crutchfield): Relates to motor vehicles and salvage pool or salvage
disposal sales. It requires any such sale that is facilitating the sale
of a motor vehicle for an insurance company to provide on its web site the 17
digit VIN number and the name of the insurance company. It also requires
such sales to show the BID card number of the wining bidder on any sale that
takes place on the Internet or by on-line bidding for all salvage motor vehicles
being sold for an insurance company. Effective
Professions & Occupations M
SB 756
(Leftwich/Wilt): Creates the Elevator Safety Act and places the elevator
construction and maintenance trades under the newly created Elevator Inspection
Bureau in the Department of Labor. Effective
SB 806
(Shurden/Lindley): Makes lawful the
tattooing of persons over the age of 18 and prohibits anyone under the age of
18 from getting a body piercing procedure unless a parent of guardian gives
written consent and is present for the procedure. A license from the
State Department of Health is required for anyone to own or purchase tattooing
equipment or supplies, and the Department shall promulgate rules to continue to
regulate body piercing and to regulate tattooing. A bond is required of a
tattoo operator and a city or county may adopt certain additional rules and
regulations and may require further licenses or permits. The place of
business of a tattoo operator cannot be within 1,000 feet of a church, school
or playground, and any operator applying for license or renewal must advertise
the exact location in certain publications. Penalties for violation are
provided. Effective
SB 1552
(Leftwich/Armes): Relates to the
Oklahoma Chiropractic Act and clarifies that a nonresident licensee is one who
is an inactive nonresident. The bill adds an inactive resident license
which is for a person holding an original license to practice chiropractic and
who files a statement with the Board that because of illness, infirmity, active
military service or other circumstances approved by the Board, the licensee
will be unable to practice in the coming year. The fee for this license
will be $100.00. The inactive resident licensee may, at the discretion of
the Board, be exempt from certain continuing education requirements.
Effective
SB 1741
(Barrington/McCarter): Adds the locksmith industry to the already
established Alarm Industry Act to create the Alarm and Locksmith Industry
Act. The bill would essentially add locksmiths to the Alarm Industry Committee
which will now be the Alarm Industry and Locksmith Committee. The
Committee will now also have certain powers and duties related to the locksmith
industry. Licensing requirements, fees and such other requirements
related to being licensed will now apply to locksmiths. Effective
SB 1877
(Rabon/Piatt): Relates to the Mortgage Broker Licensure Act. It
changes the requirements of certain disclosures to those required by the Real
Estate Settlement Procedures Act (RESPA) and Regulation X as promulgated by
HUD. The bill authorizes the Commission on Consumer Credit to adopt
certain rules to facilitate compliance with the disclosures and other
requirements of the Licensure Act. It also allows for the promulgation of
administrative rules based on certain recommendations of the Mortgage Broker
Advisory Committee to the Commission on Consumer Credit. Effective
SB 1991
(Morgan/Wilt): Provides for the inclusion of interior designers in the
State Architectural Act. Currently, only architects and landscape
architects are licensed or registered under the provisions of this Act and
regulated by the Board of Governors of the Licensed Architects and Landscape
Architects of Oklahoma. SB 1991 continues to provide for the licensing
and regulation of architects and landscape architects. However, many
provisions relating to the licensing of these professions are amended in SB
1991 to incorporate language necessary for the registration and regulation of
interior designers under the Act. The name of the Act is changed to the
State Architectural and Interior Designers Act throughout the bill. The
Board of Governors is changed to the Board of Governors of the Licensed Architects,
Landscape Architects and Interior Designers of Oklahoma. The Board’s
membership is changed from 9 to 11 members and one of the new members will be
an interior designer qualified to be registered as an interior designer under
the Act or a teaching professor of interior design who is registered under the
Act. The powers and duties of the Board of Governors are expanded to
provide for the registration and regulation of interior designers. Under
the Act, only interior designers who are registered by the Board may use the
terms “interior designer” or “interior design”. The bill also adds definitions
and lists those building Code Use Groups that are subject to the provisions of
the Act and those Code Use Groups that are exempt from the act. Effective
SJR 64 (Leftwich/Wright): Disapproves and amends rules of the Board of
Chiropractic Examiners regarding chiropractic specialties. Effective
HB 2379
(Wilt/Myers): Relates to the State Architectural Act. HB 2379 is a
clean-up bill to SB 1991 which was passed earlier in the session and created
the State Architectural and Interior Designer Act. Effective
HB 2517
(Young/Fisher): Requires all entities that are charged with oversight of
occupational licenses to establish procedures by which individuals who are
convicted of a felony or misdemeanor where substance abuse or mental illness is
the underlying cause of the crime or plead nolo contendere to such crimes may
appeal to have the license reinstate. The bill would also allow the
entities to consider certain factors such as length of time, additional education
and recovery status since the plea or conviction, as well as and the public
safety of allowing the individual to return to the specific occupation.
Exceptions to the act are made for certain boards that recognize and comply
with the spirit and intent of the act. Effective
HB 2527 (Miller, Doug/Johnson,
Constance): Relates to the
HB 2530
(Miller, Doug/Branan): Relates to professions and occupations and the
Registration of Engineers. The bill modifies the definition of “practice
of land surveying”. Effective
HB 2794
(Miller, Doug/Coffee): Relates to the Oklahoma Real Estate License Code
and exceptions to the required license. An exception to the Code is made
for a person receiving a resident referral fee. It increases from $50.00
to $100.00 the allowed resident referral fee received by a person who is a resident
of certain apartment building or duplexes for referring the property to a
family member friend or coworker and not be considered in violation of the
Code. The bill also allows the use of the term “agent” by associates of a
real estate broker in a trade name and as a general reference for designating
themselves as real estate licensees. Effective
HB 2891
(Denney/Coates): Relates to professions and occupations and the Oklahoma
Veterinary Practice Act. It modifies the procedures for the disposal of
certain abandoned animals in the custody of licensed veterinarians. The
bill also makes certain confidential investigative records available to certain
boards or commissions which exercise disciplinary authority as well as to
certain law enforcement agencies which make a proper showing that such information
is necessary to conduct or complete a pending investigation of a crime not
covered by the Act. It also makes such information admissible as evidence
in certain instances. Effective
HB 2911
(Peterson, Ron/Laster): Relates to the
SB 1091 (Morgan/Winchester): Increases powers of Board of Directors of the
Tobacco Settlement Endowment Trust Fund. Provides procedures, requirements and
restrictions for the awarding of grants by the Board. Specifies types of
expenses which may be considered to be “administrative expenses” and increases
allowable amount which may be expended on such expenses. Specifies types of
expenses which may be considered to be “program expenses”. Requires development
of policies and procedures with regard to expenses. Effective
SB 1496 (Jolley/Terrill): Modifies the length of time before which
municipalities must collect enough taxes to cover certain expenses associated
with bonds. Provides for the payment of certain judgments against a city-county
health department from specified sinking funds.
Effective
HB 1619
(Nance/Leftwich): Creates the Oklahoma Quality Investment Act, which is a
companion to State Question 725. In fiscal years in which there is growth
revenue and the Constitutional Reserve Fund has a balance of at least $80
million, up to $10 million may be expended to provide incentives to retain
at-risk manufacturing establishments. A qualified establishment may apply
for a payment of up to 10% of actual capital costs invested. Procedures
are specified, and contracts must be recommended by a Quality Investment
Committee. For payments to be received, the recommendation must be approved
by the Governor, Speaker and President Pro Tempore. Effective upon
approval of State Question 725.
HB 2242
(Benge/Crutchfield): Changes names of various revolving funds and
provides for investments in revolving funds for the Oklahoma School for the
Deaf, Oklahoma School for the Blind and Department of Rehabilitation Services.
Effective
HB 2516
(Leftwich/Young): Allows the Oklahoma Capitol Improvement Authority to
hold title to personal, as well as real, property, for the purpose of providing
space to the Oklahoma State Bureau of Investigation for laboratory and/or
investigative office services. The bonding authority for such purposes is
increased from $22 million to $28.3 million. Interest earned on such
bonds may be expended for personal property. Effective
HB 2628
(Pruett/Rabon): Modifies the county average wage threshold for purposes
of the Small Employer Quality Jobs Program Act to be 100% of the county average
wage, excluding health care premiums, if the county has an unemployment rate
more than 10% above the state rate and a county median household income 15% or
more below the federal poverty level. Effective
HB 2699
(Johnson/Coffee): Prohibits state agencies from entering into contracts
for customized computer software unless the vendor agrees to place the source
code into escrow with an independent third party. Under current law, the
vendor must provide the source code to the state. Effective
HB 2935
(Liotta/Mazzei): Modifies duties of the Information Services Division of
the Office of State Finance. The Division is directed to enforce minimum
information security and internal control standards in conjunction with the
Office of Homeland Security and establish an inter-agency enforcement
team. The jurisdiction of the Division is expanded to include applications
relating to the Internet, eGovernment and other contracts for information technology
services and equipment. The Electronic and Information Technology
Accessibility Advisory Council is continued until
Public Safety & Homeland Security M
SB 1521 (Leftwich/Nance): Authorizes wrecker operators to collect all
lawful fees from the owner, lien holder seeking possession of a vehicle, agent
or insurer accepting certain liabilities for any vehicle lawfully towed from
any highway or other public property.
Also authorizes wrecker operators to obtain ownership and insurer
information from the Oklahoma Tax Commission or other state motor vehicle
agencies for the purpose of determining ownership and responsibility for
wrecker fees. Effective
SB 1709 (Corn/Smithson): Modifies the emergency operations plan
provisions required of incorporated jurisdictions in the Oklahoma Emergency
Management Act of 2003. In addition to
existing plan requirements a plan shall include provisions for the evacuation
of all the citizens in an affected jurisdiction in the event of certain defined
disasters. Every political subdivision
is required to ensure the widespread dissemination of the plan and how it is
activated to the citizens. Emergency
operations plans will be required to be reviewed and modified as necessary
annually. Effective
SB 1929 (Myers/Newport): Creates the “David Jaggers Law,” which
requires that any person convicted, of pleading guilty to, a failure to yield a
right-of-way and causes a fatality or serious bodily injury may be assessed a
fee by the court of not more than $1,000.00.
The fee is in addition to any other fee or penalty and is to be
deposited into the Motorcycle Safety and Drunk Driving Awareness Fund, which is
also created by this bill and administered by the Department of Public
Safety. The fund is to be used to
promote public awareness of the dangers of DUI and to promote motorcycle safety
and defensive driving for youth. SB 1929
also provides for certain vehicle driving actions prohibited and/or permitted
in center two-way left turn lanes. A
vehicle may not be driven for more than 200 feet in these lanes while preparing
to make a turn. However, a vehicle
turning left onto a roadway may utilize the center turn lane as a staging area
by stopping and waiting for traffic before proceeding to merge. Effective
SB 1970 (Corn/Sullivan): Requires the Council on Law Enforcement
Training (CLEET) to promulgate rules necessary to establish firearms
requalification standards for active peace officers that meet the requirements
of the federal Law Enforcement Officers Safety Act of 2004 for state peace
officers to carry concealed weapons nationwide.
Effective
HB 2487 (Nance/Barrington). Clarifies the Oklahoma State Bureau of
Investigation’s authority to investigate actions involving vehicle theft. HB 2487 also exempts the Bureau from
competitive bidding requirements of the Oklahoma Central Purchasing Act for
contracts for the services of a Forensic DNA Technical Manager in order to
ensure the continued operations of their DNA laboratory. Effective
HB 2585 (Duncan/Wyrick): Creates the “Oklahoma Intrastate Mutual Aid
Compact” which will require that all on-scene management of disasters and
emergencies in the State of
The provisions of HB 2585 also allow the Governor,
through the Oklahoma Department of Emergency Management, the ability to answer
requests for mutual aid, in accordance with the Emergency Management Assistance
Compact (EMAC), from other States and jurisdictions by requesting mutual aid resources
from local jurisdictions in
Additionally, this bill repeals the “Civil
Defense Shelter Incentive Act” (Sections 688.1 through 688.5 of Title 63 of the
Oklahoma Statutes), which was enacted in 1957 to providing tax incentives for
building nuclear fallout shelters.
Effective
HB 2696 (Worthen/Gumm): Relates to possession of weapons in certain
locations. Under current law, the Governor
may prohibit certain activities during the existence of a state of emergency
declared by proclamation. One prohibited
activity is “the possession of firearms or any other deadly weapon by a person
(other than a law enforcement officer) in a place other than that person’s
place of residence or business.” HB 2696
deleted that prohibition from the statutes.
This provision does not modify law enforcement powers or other statutory
provisions relating to non law enforcement personnel gun possession or
permits. Effective
HB 2708 (Jackson/Laughlin): Modifies provisions related to marriage
licenses, identification cards and driver licenses and adds special license
plates. Effective
HB 2750 (Thompson/Rabon): Requires sheriffs to coordinate and
administer courthouse security. Effective
HB 2771 (Smithson/Corn): In addition to other statutorily permitted
methods of delivering traffic citations which are required to be filed in
district court, allows the arresting officer or law enforcement agency to
deliver or forward the “Complaint Information” and “Abstract of Court Record”
in electronic or written format. Effective
HB 2926 (Tibbs/Reynolds): Modifies the statutory definition of a
bicycle and specifies the safe operation of a bicycle or motorized scooter upon
a roadway at speeds less than the normal speed of traffic. HB 2926 also provides new law regarding how a
motorist is to overtake and pass a bicycle rider and establishes penalties
resulting in injury or death during the violation of overtaking and passing
laws. In the event of a collision
causing physical injury the fine is set at not more than $500.00. If a fatality is involved the offending
person will be subject to a fine of not more than $1,000.00, in addition to any
other penalties prescribed by law. Additionally,
HB 2926 modifies certain existing laws relating to blood and breath testing for
persons operating motor vehicles for the purpose of determining alcohol or
illegal concentrations. Effective
Public Employees – Retirement/Insurance/Pay/Benefits
M
SB 1601 (Eason/Liotta): Brings OSEEGIB in compliance with federal
law regarding the coverage of dependents. Increases
from 15 to 30 minutes the minimum amount of time a state agency must give
its employees to attend employee benefit information meetings. Eliminates
the annual election requirement for vision plans. Requires
the monthly health insurance premium for retirees under the age of 65 to
be equal to the monthly premium for active employees. This action is commonly known as the
“blending” of rates. Effective
SB 1894 (Mazzei/Benge): Creates the Oklahoma Pension Legislation
Actuarial Analysis Act which mandates specific legislative procedures for
certain retirement measures. Requires
legislation pertaining to OPERS, URSJJ and TRS which has a fiscal impact
to be subject to an actuarial investigation. Specifies
that concurrent funding must also be provided in order for such retirement
bill to become enacted. Effective
SB 82XX [Cru
HB 1179XX (Benge/Crutchfield): Modifies provisions
relating to the various state retirement systems.
·
Provides a 4%
cost-of-living-adjustment for retired members of the Oklahoma Firefighters
Pension and Retirement System, the Oklahoma Police Pension and Retirement System,
the Uniform Retirement System for Justices and Judges, the Oklahoma Law Enforcement
Retirement System and the Oklahoma Public Employees Retirement System. Provides
a 2% cost-of-living-adjustment for retired members of the Teachers’ Retirement
System of Oklahoma.
·
Creates the
Education Employees Service Incentive Plan (EESIP) which applies only to active
members of the Teachers’ Retirement System and not to those members who
have already retired. Allows certain
retiring members to receive higher monthly benefits for service performed before
·
Modifies the
reporting date of certain information from the Oklahoma Firefighters Pension
and Retirement System Board and the Teachers’ Retirement System of Oklahoma
to the Oklahoma Pension Commission from October 1 to December 1.
·
Allows the Oklahoma
Firefighters Pension and Retirement System Board to bring actions for declaratory
relief in the district courts to enforce the provisions of state law.
·
Reduces the
apportionment of the insurance premium tax to the Oklahoma Firefighters Pension
and Retirement Fund due to the allocation of $35 million to the Fund in SB
90XX.
·
Modifies various
provisions relating to the Oklahoma Law Enforcement Retirement System including
providing procedures relating to the application for certain disability benefits
and specifying forms of payment for purchase of certain credit.
·
Specifies that
a member of the Oklahoma Law Enforcement Retirement System who is injured while
in the line of duty shall continue to accrue leave and service credits at the
same rate while on leave for such injury. Allows
certain members of the Oklahoma Law Enforcement Retirement System to be placed
on administrative leave under certain circumstances.
·
Modifies the
Option C (life with 10 years certain) retirement benefit of the Oklahoma Public
Employees Retirement System by specifying procedures for the disbursement of
the remainder of the benefit upon the death of a designated beneficiary receiving
benefits of a deceased retirant.
·
Sets the employee
contribution rate for all OPERS members on all annual compensation at 3.5%. Effective
Office of Personnel Management Funding
The Office of Personnel Management’s FY’07
appropriation is $4.8 million. This is a $160,122 or 3.5%, increase from FY’06.
An additional $30,000 is for the Employee Assistance Program, which offers counseling
and referral assistance to State Employees with personal problems.
State Employee Pay Raise Funding
The Legislature provided enough funding for a
5 percent across-the-board pay raise for state employees. This raise is to become effective on
SB 1022 (Morgan/Hiett): Provides tax exemption for sales of tickets to events held in certain types of
facilities in which the National Basketball Association or the National
Hockey League is a participant. Effective
SB 1084 (Gumm/Calvey):
Amends various provisions related to the Tax Code, including:
·
Provides
sales tax exemption for sales of: certain programs and advertising related to
sports and entertainment; property consumed or incorporated in construction of
a facility for a rural electric cooperative; advertising in travel brochures
and promotional materials given away by the Department of Tourism; sales of tickets to NBA events; sales of
tickets to other professional sporting events; and sales of property or
services to a person contracting with a church for construction purposes.
·
Clarifies
application of sales tax exemption for 100% disabled veterans by extending
exemption to household members making purchases on veteran’s behalf.
·
Requires
vendor with actual knowledge of a veteran’s exemption to honor it and creates
administrative fine of $500 per offense for willful or intentional refusal.
Requires exempt individuals to furnish proof to vendors and requires vendors to
honor proof.
·
Prohibits
a municipality from levying a tax within an annexed area unless specified
services are furnished to residents.
·
Creates
Gold Star Survivor license plates.
·
Exempts
from registration requirements boats or motors owned by certain nonprofit
organizations.
·
Exempts
from excise tax boats or motors owned by certain nonprofit organizations.
·
Increases
the bonding requirements for licenses for a cigarette distributing agent’s,
wholesaler’s and jobber’s license.
·
Provides
procedures for the release of the surety of a bond by the Tax Commission under
certain circumstances.
·
Authorizes
an applicant for more than one tobacco license to post only one bond.
·
Increases
the bonding requirements for licenses for a tobacco wholesaler’s, jobber’s, retailer’s
or consumer’s license.
·
Establishes
procedures and requirements for reimbursement of taxes between parties to a contract
for the sale and purchase of motor fuel.
·
Extends
expiration date for income tax depletion allowance from 2006 to 2011.
·
Modifies
coal tax credit by increasing the credit for miners/producers and reducing the
credit for consumers, with the net amount of credit unchanged. Increases the average price per ton threshold
for the credit from $45 per ton to $68 per ton.
·
Modifies the tax credit for manufacturers of small
wind turbines by extending the expiration date of the credit from 2007 to 2012
and by deleting the ability to take the credit against the rural electric
cooperative tax and authorizing it against the bank privilege tax.
·