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