Judiciary/Courts

 

SB 263(1) (Smith/Askins): Amends the Administrative Procedures Act to allow a party to an individual proceeding to request exclusion of witnesses pursuant to the provisions of Section 2615 of Title 12 of the Oklahoma Statutes (Oklahoma Evidence Code). Exclusion of a witness pursuant to the provisions of the bill will not be a violation of the Oklahoma Open Meeting Act. Effective 11-1-99

SB 264(1) (Snyder/Reese): Allows for court-ordered visitation between siblings after the death of a parent of a minor sibling, if the court determines that visitation is in the best interests of the siblings. The court is required to consider certain factors including whether the siblings previously resided together in the same household when determining the best interests of the siblings. District courts are vested with jurisdiction to issue and enforce sibling visitation orders. Certain notice is required to all parents of the siblings and venue is in the county where the siblings reside, or where the respondent resides. Also, the bill expands the provisions allowing grandparental visitation to allow court-ordered great-grandparental visitation. The court may award court costs and attorney fees in both visitation actions. Effective 11-1-99

SB 265(1) (Snyder/Cox): Amends the Oklahoma Guardianship and Conservatorship Act to allow a guardian to invest money belonging to a minor, incapacitated, or partially incapacitated person in an annuity. The annuity must be covered by the Oklahoma Life and Health Insurance Guaranty Association and may not exceed $300,000, individually. Effective 11-1-99

SB 278(1) (Smith/Askins): Makes violation of an order for child custody, with the intent to deprive a lawful custodian of the custody of a child, a felony and provides a penalty of $5,000.00. An offender may have an affirmative defense if the offender reasonably believes that the act was necessary to preserve the child from physical, mental, or emotional danger to the child's welfare and if the offender notifies the local law enforcement agency nearest to the location where the custodian of the child resides. The provisions of the act allow any law enforcement officer to take the child into custody without a court order and place the child in emergency or protective custody. Effective 6-8-99

SB 281(1) (Smith/Askins): Requires persons convicted of offenses punishable by a fine of $10.00 or more or by incarceration, including traffic offenses but not including parking and standing violations, to pay certain additional fees for each offense. The bill prohibits subpoena of a court clerk of the state unless the court finds that a court clerk's appearance and testimony is both material and necessary because of a written objection to the introduction of a certified document made by the defendant or other party prior to trial. Also, the provisions of the bill require a bondsman to file written notification of the surrender of a defendant prior to a breach of the undertaking. After filing of written notification and surrender of the defendant, the bond will be exonerated and the clerk will enter a minute in the case exonerating the bond. Effective 11-1-99

SB 305(1) (Smith/Askins): Allows the Oklahoma Indigent Defense System to obtain expert services as sole source contracts which are exempt from the provisions of the Oklahoma Central Purchasing Act which require solicitation of no less than three quotations before obtaining a service. Costs collected for representation by the Oklahoma Indigent Defense System or an attorney who contracts or volunteers to represent indigents pursuant to the Indigent Defense Act are required to be deposited monthly, if collected, by the court clerk to the Oklahoma Indigent Defense System. Effective 5-24-99

SB 405(1) (Laughlin/Davis): Requires costs of extradition to be collected as costs in the case against the defendant, upon conviction. The sheriff's fee for serving or endeavoring to serve each writ, warrant, order, process, command, or notice, or pursuing any fugitive from justice is increased to $30.00 within the same county and $30.00, or actual, necessary expenses, whichever is greater, outside of the county. Witness fees paid by the district attorney, if collected by the court clerk, shall be transferred to the district attorney's office in the county where witness attendance was required and deposited in the district attorney's maintenance and operating expense account. Effective 11-1-99

SB 457(1) (Dunlap/Thornbrugh): Prohibits the district court from disclosing the location of any person seeking or receiving services from a domestic violence or sexual assault program, or any other information required by law to be kept confidential. Case records, case files, and case notes relating to clients of certified domestic violence or sexual assault programs, or employees or volunteers of such a program, may not be disclosed except with written consent of the client or the client's representative, or by court order for good cause shown by the judge in camera. Effective 5-21-99

SB 479(1) (Henry/Toure): Prohibits any person who obtains a copy of a transcript of any grand jury proceedings from reproducing the transcript or otherwise disclosing its contents to any person other than that person's attorney without leave of the court. Disclosure of the contents of a grand jury transcript is punishable as contempt. Effective 5-3-99

SB 481(1) (Henry/Toure): Recodifies Section 2803.2 of Title 12 of the Oklahoma Statutes as Section 2611.2 of Title 12 of the Oklahoma Statutes. The statute relates to the taking of testimony of a minor witness. This bill recodifies the statute within the Oklahoma Evidence Code from Article VIII. Hearsay to Article VI. Witnesses. Effective 11-1-99

SB 501(1) (Henry/Toure): Modifies statutes relating to forms for acknowledgments, execution by mark, and acknowledgment by corporation to clarify use of form provided for in the Uniform Law on Notarial Acts. Effective 4-19-99

SB 545(1) (Herbert/Settle): Increases authority of municipal courts not of record to impose penalties for municipal ordinances. Limits maximum fine for traffic-related offenses relating to speeding or parking to $200.00. For all other offenses, the maximum fine is limited to $500.00. Municipalities are prohibited from levying a fine of more than $10.00 and court costs of more than $15.00 for exceeding the posted speed limit by no more than ten miles per hour on any portion of certain interstates and highways which are located on the outskirts of certain municipalities. Effective 11-1-99

SB 626(1) (Helton/Paulk): Authorizes continuance of a hearing prior to trial or a forfeiture hearing if the accused is not served with the findings of the laboratory, investigation, or autopsy report five days prior to the hearing. Depositions of a medical examiner are required to take place in the Office of the Chief Medical Examiner, a medical examiner, or consultant pathologist unless all parties, including the medical examiner, agree the deposition may be taken elsewhere. Effective 4-5-99

SB 669(1) (Smith/Toure): Deletes language that allows the state to indemnify an elected or appointed officer or member of a governing body for a judgment for punitive or exemplary damages and prohibits the state or a political subdivision from indemnifying an employee for any punitive or exemplary damages rendered against the employee. The state is allowed to indemnify an employee for actual damages, fees, and costs associated with a civil rights judgment against the employee.

SB 684(1) (Coffee/Vaughn): Modifies provisions of the Oklahoma Solicitation of Charitable Contributions Act relating to registration, revocation, content of forms, execution and acknowledgment of registration instruments, required information, and professional solicitors. The bill amends provisions of the Oklahoma Corporation Act which relate to address and registration of agents, redemption of corporate stock, election, quorum, vote for stock corporations, notice provisions, merger or consolidation, publication, dissolution, and trade names. Also, the bill amends provisions of the Oklahoma Limited Liability Company Act dealing with legal names, registration, articles of correction, and foreign limited liability companies, and provisions of the Oklahoma Revised Uniform Partnership Act dealing with partnership certificates, cancellation of fictitious name, office and agent, execution, and foreign limited partnerships. Effective 6-10-99

SB 691(1) (Smith/Askins): Requires certified, licensed, and acting shorthand reporters, regular or temporary, to annually complete at least four hours of continuing education approved by the State Board of Examiners of Certified Shorthand Reporters. Official shorthand reporters and every court reporter temporarily employed by the district court, Workers' Compensation Court, or Corporation Commission must annually complete at least two hours of such continuing education which relates to Oklahoma court rules and procedures. Effective 11-1-99

SB 726(1) (Henry/Benson): Exempts the Council on Judicial Complaints from the Oklahoma Open Meeting Act when conducting, discussing, or deliberating any matter relating to a complaint received or filed with the Council. Members of the Council and any person serving as counsel to the Council are declared to be ineligible for election or appointment to the Judicial Nominating Commission. The Administrative Secretary is renamed as the Administrative Director and required to prepare certain quarterly reports and approve claims for certain payments as directed by the chair of the Council. Language allowing the Council to issue reprimands and admonitions is deleted. Complainants and witnesses appearing before the Council are prohibited from revealing to the public any information relating to a proposed or pending judicial complaint and are subject to a fine of $1,000 for release of any such information. Any judicial officer who reveals any such confidential information is subject to the fine and to public reprimands by the Court on the Judiciary. The Council is exempted from the provisions of Article II of the Administrative Procedures Act and from the provisions relating to validity or applicability of a rule in Article I of the Administrative Procedures Act. A party aggrieved by the validity or applicability of a rule made by the Council may petition the Court on the Judiciary to review the rules and issue opinions based upon them. Effective 6-10-99

SB 751(1) (Henry/Toure): Amends numerous provisions relating to civil procedure including venue of actions, new trials, interest on judgments of courts of record, discovery of assets, vacation and modification of judgments by trial court, offers of judgment, garnishment, the Oklahoma Pleading Code, and the Oklahoma Discovery Code. The bill requires an ambulance lien to be enforced in a civil action within one year of a final judgment, settlement, or compromise of a claim asserted or maintained by or on behalf of the injured person. The Governmental Tort Claims Act is amended to require an action brought against a municipality which is an owner of a dam, based upon the construction, maintenance, or operation of the dam to be brought in the county where the dam or a major portion of the dam is located. The Uniform Tax Procedure is amended to provide for determination of timely mailing of certain tax documents and to require certain payment or bond when making certain appeal. Also, the bill allows for patient access to copies of x-rays and other photographs and images upon the payment of certain charges. Effective 11-1-99

HB 1103(1) (Matlock/Rabon): Increases fees for service of process from $20.00 to $35.00 and increases sheriff's fee on court-ordered sales of real or personal property from $50.00 to $75.00. Effective 11-1-99

HB 1152(1) (Pope (Clay)/Henry): Creates the Oklahoma Livestock Activities Liability Limitation Act which limits the civil liability of livestock activities sponsors, participants, and livestock professionals (as defined in the act) involved in certain livestock activities. Under the act, when acting in good faith and pursuant to the standards of the livestock industry, such persons will not be liable for injuries to any person engaged in livestock activities when the injuries result from the inherent risks of livestock activities. The act does not apply to the horse racing industry or employees of the sponsor or livestock professional who are subject to the provisions of the Oklahoma Workers' Compensation Act. The limitation of liability will not be extended to any sponsor, participant, or professional who commits an act that constitutes willful or wanton disregard for the safety of any person engaged in livestock activities, intentionally injures a person engaged in livestock activities, provides faulty equipment or tack, or fails to make a reasonable effort to determine the ability of a participant to manage livestock, or who is in lawful possession of the land or facilities upon which the participant sustained injuries because of a dangerous condition which was known to the sponsor, professional, or person and was not made known to the participant. The act does not grant, prevent, or limit liability under product liability laws or for livestock activities, which result in the death of any person, engaged in livestock activities from the inherent risks of livestock activities. Effective 11-1-99

HB 1180(1) (Vaughn/Coffee): Reduces marriage fee from $25.00 to $5.00 for applicants who have completed a premarital counseling program conducted by a health professional or an official representative of a religious institution. Effective 11-1-99

HB 1187(1) (Vaughn/Coffee): Allows a party to a contract to rescind the contract if the party against whom rescission is sought violates the Oklahoma Consumer Protection Act. The bill amends the definition of "consumer transaction" in the Oklahoma Consumer Protection Act to include a "purchase". Misrepresenting a mail solicitation as an invoice or as a billing statement, or offering to purchase a mineral or royalty interest through an offer that resembles an oil and gas lease and that the consumer believes is an oil and gas lease are listed as unlawful acts under the Oklahoma Consumer Protection Act. Effective 11-1-99


(1) Passed, signed by Governor (2) Passed, pending Governor's approval/disapproval (3) Vetoed by Governor
(4) Pending in Legislature (5) Failed in Legislature (6) Enrolled with the Sec. of State

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