The First Session of the
52nd Legislature convened in January 2009. For the first time in state history, Republicans
held a majority of seats in the Oklahoma State Senate. The upper chamber had been tied in the 51st
Legislature, with each caucus controlling 24 seats.
Senator Glenn Coffee, who previously held the title of
Co-President Pro Tempore under the power sharing agreement, was elected
President Pro Tempore. Senator Charlie Laster was selected by his caucus as Democratic
Floor Leader.
During the 2009 session,
the Senate introduced 1,240 bills, 42 joint resolutions, 19 concurrent
resolutions and 60 simple resolutions.
Of those measures, 241 bills and 1 joint resolution was signed into law
and 8 were vetoed. Nineteen concurrent
resolutions and 60 simple resolutions were adopted or enacted. The Legislature voted to place eight state
questions on the 2010 general election ballot, five from the Senate and three
from the House.
As a result of the 2008
general election, the Senate welcomed six new members: Senators Jerry Ellis; Jim Halligan; Bryce
Marlatt; Gary Stanislawski; Dan Newberry;
and Steve Russell.
The 2009 session included
substantive legislation on a variety of issues including tort reform,
government consolidation, education reform and public safety. The budget writing process was significantly
impacted by the national recession. The
State Equalization Board certified in February that lawmakers would have approximately
$900 million less to appropriate, but the impact of the recession was softened
by the federal stimulus package which allocated approximately $2.6 billion to Oklahoma for use over
the next two years.
The following overview
details the legislation approved during the 2009 legislative session.
In preparing the FY’10 budget, the Legislature
faced one of the largest revenue reductions in state history. Revenue certification estimates indicated a
$612 million or 8.7% decrease in tax collections for the upcoming fiscal
year. Approximately $330 million of the
decrease is attributable to falling oil and natural gas gross production tax
collections. Another $121 million comes
from lagging motor vehicle tax collections.
There was also a projected decrease in individual income tax collections
of nearly $157 million. However, $76
million of this amount was attributable to a planned increase in the standard
deduction and another $30 million was apportioned automatically to the ROADS
Fund. The Legislature was able to
identify approximately $145 million in additional revenues after certification
to help mitigate the overall state dollar cuts.
The General Appropriation (GA) Bill for the
2009 legislative session was SB 216.
That bill, in conjunction with several single agency appropriation bills
passed in the final week of the session, appropriated a total amount of
$6,589,791,242. There are several ways
to calculate the difference in this appropriation from the amount appropriated
for FY’09. For the purposes of this
document, the FY’09 figure used will be $7,063,320,972. This is the amount appropriated in FY’09 after
all one time expenditures were removed from the base. The resulting comparison reflects the actual
differences in the operating budgets of the agencies for FY’09 versus FY’10. As the chart below indicates, agencies will
have $473,529,730 less state dollars to spend FY’10. This
is a 6.68 percent decrease from FY’09.
Comparison of Funding Without Stimulus Funds FY’09-FY’10
(in millions)
FY'09 FY'10 Change
Approp. Approp. $ %
Education 3,789.1 3,622.8 -166.3 -4.4
Gen. Gov/Trans. 379.3 372.1 -7.2 -1.9
Health/ Human 1,917.6 1,638.6 -279.0 -14.5
Natural Res. 158.7 154.4 -4.3 -2.7
Public Safety 802.9 787.3 -15.6 -1.9
REAP 15.5 14.4 -1.1 -7.0
Total 7,063.3 6,589.8 -473.5 -6.7
The standard budget cut for FY’10 was 7%. No state agencies took larger than a 7% net
cut including state funds and federal stimulus dollars. Many agencies received state or federal funds
to mitigate or eliminate their reduction.
The Legislature was able to fully fund teacher retirement cost increases
at Common Education, Higher Education and Career Technology Centers, partially
fund health benefit cost increases for Common Education and fully fund the
Department of Corrections and State Medicaid Program using a combination of
state and federal dollars. Other
agencies such as the Department of Libraries, Arts Council, Office of Juvenile
Affairs, Department of Rehabilitative Services, ABLE, and the Department of
Veterans Affairs were held harmless from cuts.
ODOT was held harmless from cuts because it receives dedicated fuel
taxes which were not projected to decrease.
It also received a $30 million increase to the ROADS Fund and over $465
million in federal stimulus funds. The
bulk of the state dollar cuts were allocated to agencies that receive federal
Medicaid funds. These agencies are all
receiving federal stimulus dollars to make up their state dollar cuts. Common Education and Higher Education will
also receive federal funds to help alleviate cuts.
The State of Oklahoma will receive almost $2.6 billion in
American Recovery and Reinvestment Act (ARRA) Funds over the next two
years. Approximately $1 billion of those
funds will pass through directly to local school districts, the Department of
Transportation, Department of Environmental Quality, Water Resources Board and
the Department of Commerce. More about
those funds can be read in the corresponding budget sections of this
document.
The Legislature and Governor had federal “stabilization
funds” for Common Education and Higher Education totaling approximately $472
million. These funds could be used to
make up budget cuts at these two agencies as long as the state met eligibility
requirements. The primary requirement
was that Common Education and Higher Education be funded at the higher of FY’08
or FY’09 funding levels. The final
budget agreement allocated $236 million of these funds for FY’10 to keep Common
Education and Higher Education at their FY’09 funding levels. The remaining $236 million was held in
reserve to fill the budget gap again in FY’11.
The Legislature and Governor also had discretionary
funds for the State Medicaid Program totaling approximately $800 million. Leadership in both houses of the Legislature
wanted to preserve approximately half of those funds for FY’11 as well. The
final budget agreement allocated approximately $405 million of FMAP funds
between OHCA, DHS, ODMHSAS, UHA, OJA and others to help mitigate their
cuts.
When stimulus funds are factored in, the
budget picture for FY’10 changes significantly.
Instead of a 6.7% reduction, we see a 2.4% increase for the fiscal
year. This does not include funds that
were sent directly from the federal government to state agencies like ODOT,
Water Resources Board, the Department of Environmental Quality or the Department
of Commerce. It also does not include
approximately $250 million that will be going directly to school districts for
Title I and Special Education Services.
The chart below only reflects the funds under the control of the Legislature
and Governor and used as part of the FY’10 budget. Stabilization funds for Common Education,
Higher Education and Medicaid make up the $641 million difference between the
two charts in this document. That amount
can be made up in FY’11 with the stimulus funds the Legislature held in
reserve, but state revenues will have to improve dramatically over the next two
years to fill the gap in FY’12.
Comparison of Funding With Stimulus Funds FY’09-FY’10
(in millions)
FY'09 FY'10 Change
Approp. Approp. $ %
Education 3,789.1 3,859.6 70.5 1.9
Gen. Gov/Trans. 379.3 372.1 -7.2 -1.9
Health/ Human 1,917.6 2,043.9 125.3 6.5
Natural Res. 158.7 154.4 -4.3 -2.7
Public Safety 802.9 787.3 -15.6 -1.9
REAP 15.5 14.4 -1.1 -7.0
Total 7,063.3 7,230.8 167.5 2.4
An agency by agency break down of the budget
can be found on pages 58-59 of this document.
FY’09 Supplemental Appropriations
Department
of Education
·
During
FY’09, the agency transferred a surplus amount of $1.3 million from the Math
Improvement Program to partially cover the costs of the $9.1 million
supplemental appropriation request for the School Personnel Flexible Benefit
Allowance. In addition to this transfer,
the agency also transferred approximately $2.9 million from prior year
carryover to further address the needs of this supplemental request bringing
the total transfer amount to $4.2 million.
·
The
agency also transferred a surplus amount of $2,367,340 from the Education
Leadership Oklahoma (National Board Certification) Program to address the needs
of the Academic Achievement Awards Program during FY’09.
·
The
Governor has agreed to fund the $16.1 million supplemental request for the ad
valorem reimbursement fund using federal stimulus dollars from the Governor’s
discretionary portion of the Fiscal Stabilization Fund.
Higher
Education
·
$5,000,000
was provided to the OSU
Medical School
to establish a trust to ensure its continuance.
Bureau
of Narcotics and Dangerous Drugs Control
·
$675,000
was provided to the agency to cover payroll and operation expenses for the
remainder of the fiscal year.
Agriculture & Rural Development Measures
SB 432 (Justice/Armes): This measure increases the Oklahoma
Department of Agriculture, Food, and Forestry fertilizer distributor fees from
$0.65 per ton to $1.00 per ton. The
money is to be used for researching efficient fertilizer use and protection of
ground and surface water from fertilizers. Effective 11-1-09.
SB 452 (Schulz/Armes): This measure modifies the penalties in the
Oklahoma Veterinary Practice Act. Effective
5-21-09.
SB 564 (Wyrick/Glenn):
This measure provides that a check
offered for the purchase of goods or livestock that is refused by a drawee
shall not be considered to be an extension of credit by the seller of goods or
livestock to the maker or drawer of the check as used within the bogus check
statute. Effective 11-1-09.
SB 636 (Justice/Armes): Directs the Board of Agriculture to adopt
standards that conform to the National Institute of Standards and Technology. The bill makes it unlawful for a seller to
misrepresent or mislead the weight or measure of an item for sale or for a
buyer to take more than the represented quantity. Any person subject to the
statutory regulations or weights and measures shall comply with handbooks 130
and 133 of the National Institute of Standards and Technology. Effective 4-3-09.
SB 698 (Anderson/Armes):
Authorizes the Oklahoma Department of Agriculture, Food, and Forestry to
take into possession certain property used or possessed in violation of the Oklahoma Agricultural
Code, and establishes procedures for forfeiture proceedings for such
property. Effective 11-1-09.
HB 1057
(Glenn/Wyrick): This measure amends the
amount of a corporate surety bond that operators of livestock auctions must possess. Also authorizes the Commissioner of Agriculture
to be the trustee for any corporate surety bond, certificate of deposit, money
market savings account or other financial instruments allowable for livestock
markets. Effective 11-1-09.
HB 1482 (DeWitt/Justice): This measure expands the definition of
agricultural activities in Title 50 to include improvements or expansion to
shelters, fences, pens, storage, etc. If
the expansion is part of the same operating facility, the expansion need not be
contiguous. It also states no nuisance
action can be brought against agricultural activities if the farm or ranch land
has been in operation two years or more, and if such action is declared
frivolous by the court, the defendant will recover court and attorney fees. Effective 11-1-09.
HB 1491
(Wright/Anderson): This measure adds
officials at the Oklahoma Department of Agriculture, Food, and Forestry to the
list of agency personnel allowed to drive state cars to and from their residences. Effective 11-1-09.
HB 1583 (Fields/Justice): Creates a program for farmers who would like
to certify their hay as “weed free”. The
State Board of Agriculture will determine the rules for the certification
program. The Oklahoma Department of Agriculture,
Food, and Forestry shall enter into agreements with Oklahoma State
University to train
inspectors and send those inspectors out to certify hay as weed-free. Effective 11-1-09.
HB 1872 (Hickman/Justice): Requires a person who obtains swine waste for
land application and receives the waste from a feeding operation to maintain
records on the analysis of the waste, land application requirements, soil test
results, and application schedule for a period of three years. Also requires the person to certify that he
or she understands and will comply with all laws regarding the application. Effective 11-1-09.
HB 1885 (Richardson/Justice):
This measure directs the Oklahoma
Department of Agriculture, Food, and Forestry, the Conservation Commission, and
the Oklahoma State University Cooperative Extension Service to determine if
there is a willingness among agricultural producers to participate in best
management practices designed to address water quality issues in Oklahoma. Effective 7-1-09.
HB 2071 (McNiel/Wyrick): This measure prohibits any person from
selling any livestock at an auction market in any name other than that of the
seller, and it makes the use of a false name a misdemeanor. Also, it makes it a misdemeanor if any person
offers for sale any livestock at a livestock market with the intent to
defraud. Effective 11-1-09.
HB 2149 (Armes/Anderson):
Creates the Agriculture Evidence and Law Enforcement Fund to consist of
monies received from the sale of confiscated property, the seizure and
forfeiture of confiscated monies, property, gifts, bequests, devises, or
contributions and to be used by the Oklahoma Department of Agriculture, Food,
and Forestry, for purposes including but not limited to investigation, enforcement,
and prosecution of cases involving administrative, civil, or criminal
violations of the Agricultural Code.
Effective 11-1-09.
HB 2151 (Armes/Schulz): This measure provides that the Legislature
preempts all local law regarding the care and handling of livestock. It also specifies that no political subdivision
in the state shall regulate the care and handling of livestock. Effective 5-12-09.
SB 216 appropriates $32,558,058 to the Department
of Agriculture, Food, and Forestry. This
amount represents a 3 percent reduction to the agency’s budget from FY’09. The agency received additional funding of
$500,000 to implement the NPDES permitting system required by the EPA. The agency’s bond debt service and the
operational grants to rural fire departments were held harmless from budget
reductions.
Banking, Finance & Securities Measures
SB 991 (Coffee/Duncan):
Modifies updates provisions of the Uniform Commercial Code relating to negotiable
instruments, bank deposits collections, warehouse liens, agricultural liens
course of performance. Effective
11-1-09.
HB 1618 (Sullivan/Jolley): Specifies address of new building for Banking
Dept.; modifies fee for operation of an automated cash machine from flat $500
per machine fee to $50 per machine, up to $500; modifies conditions under which
holders of preferred stock are entitled to receive cumulative dividends; limits
application of, and certain definitions relating to, the Perpetual Care Fund
Act; requiring approval from State Banking Commissioner before a cemetery and
its obligations may be transferred under a prepaid cemetery merchandise
contract; requires certain amount of funds to be deposited in trust before the
sale of certain services related to burial; modifies other requirements
relating to prepaid cemetery merchandise. Effective 7-1-09.
HB 1780 (Jones/Jolley): Modifies certain procedures relating to the
State Treasurer and the Unclaimed Property Act.
Authorizes the Treasurer to obtain legal services for use under the act
and requires competitively bid proposals for such services but excludes such
bids from the Central Purchasing Act. Expands the types of investment which may
be utilized for state funds. Authorizes
the Treasurer to purchase software, hardware and other services in relation to
control and management of state funds.
Also authorizes the Treasurer to charge an annual fee of up to 2½ basis points for management of certain state portfolios. Modifies the method by which the state
reimburses counties for ad valorem revenue not received for state-owned land. Effective 11-1-09 except for Section 8 which
is subject to an emergency.
HB 1919 (Kouplen/Garrison): Modifies the definition of "eligible
business" under the Oklahoma Agricultural Linked Deposit Program to
include the establishment of a veterinary practice where at least 30% of the
practice is for large animals. Effective
11-1-09.
Business & Labor Measures
SB 527
(Ballenger/Proctor): Provides that if an
employer pays an employee with a check which is subsequently returned to the employee
or an agent thereof by reason of the refusal of the bank upon which such check
was drawn to honor the same, the employer shall reimburse the employee for any
fees or costs incurred by the employee due to the refusal to honor the check
within 14 days of the employer’s notice of the bank’s refusal to honor the
check. Changes the size of certain notices required to be posted by the
Commissioner of Labor from 8 ½ x 17 inches to 8 ½ x 11 inches. Effective 11-1-09.
SB 812 (Stanislawski/Duncan): Creates the “Oklahoma Lemon Law” to provide
protections to automobile consumers. Provides for full refund or specified
manner of replacement under certain conditions.
Requires the Attorney General and the dealer to provide a notice of
rights to consumers/purchasers. Sets
conditions for resale of a “lemon”. Effective
11-1-09.
SB 1062
(Myers/DeWitt): Adds a member to the
Commission on Consumer Credit and provides for certain qualifications,
recommendations and appointment. The bill creates the “Oklahoma Secure and Fair
Enforcement for Mortgage Licensing Act”, a model act based on federal law which
replaces the Mortgage Broker Licensure Act which is repealed in the bill.
SB 1062 includes consumer protection provisions and minimum standards for the
licensing and registration of mortgage brokers and mortgage loan originators in
this state. It also establishes a system of supervision and enforcement of the
mortgage lending industry and gives broad administrative authority for the Administrator
of Consumer Credit to administer, interpret and enforce the Act. Effective 7-1-09.
SB 1175
(Stanislawski/Watson): Relates to the
Employment Security Act of 1980 and modifies provisions relating to the wage requirement
during base period, provides for compelling family circumstances, defines
terms, modifies provisions relating to good cause for voluntarily leaving work,
determination of suitable work and relief from benefit wages charged. Effective 11-1-09.
HB 1025 (Duncan/Sykes): Prohibits any employer from asking any
applicant for employment information about whether the applicant owns or
possesses a firearm. Effective 5-22-09.
HB 1474
(Murphey/Jolley): Repeals obsolete
sections of law relating to the annual compensation of the Commissioner of
Labor. Effective 11-1-09.
HB 1934
(Jackson/Myers): Relates to labor and
amusement rides and operators. The bill defines terms, requires a certificate
of training for amusement ride operators, provides for training of ride
operators, requires maintenance of certain records by ride owners/operators,
authorizes the Commissioner of Labor to require and makes provisions for ride
operators to submit to voluntary drug and alcohol test under certain
circumstances and makes certain promulgated rules null and void. Effective 9-26-09.
HB 2056
(Thompson/Bingman): Modifies provisions
relating to manufacturers, wholesalers and distributors and the repurchase of
inventory by adding forestry, industrial, maintenance and paving to the
definitions of “inventory” and “retailer” or “equipment dealer” or “equipment
dealership”. Effective 11-1-09.
HB 2078
(Wesselhoft/Stanislawski): Makes an
appropriation to the Employment Security Administration Fund. The bill
specifies the amount and purpose of the appropriation and requires expenditure
by a certain date. It provides for compliance with certain federal standards
and with the Social Security Act. Effective
11-1-09.
HB 2148 (Armes/Anderson): Creates the Uniform Limited Cooperative
Association Act of 2009 to create a new form of business entity which is an
alternative to other cooperative and unincorporated structures; defines a “cooperative”
as an unincorporated association of individuals or businesses that unite to
meet their mutual interests by creating and using a jointly owned enterprise;
allows creation of a cooperative for any lawful purpose; and establishes the
powers and duties of limited cooperative associations. Effective 1-1-10.
Criminal Law & Procedure Measures
SB 270 (Anderson/Duncan):
Modifies conditions that require supervision of a youthful offender by
the Office of Juvenile Affairs. Effective
11-1-09.
SB 518 (Justice/Osborn): A grandparent is included in the definition
of family member for purposes of the Crime Victims Compensation Act. The measure allows the district court judge
at the time of sentencing to set the fee payable to the district attorney for
any bogus check. The fee shall be
twenty-five Dollars ($25.00) more than the assessed court costs. Effective 11-1-09.
SB 539 (Reynolds/Tibbs): This bill requires the victim-witness
coordinator to provide a crime victim with written notification of how to
access victim rights information from the interviewing officer and the right to
a speedy disposition under the same standards used for a speedy trial for the
defendant. The investigative officer in
a violent crime has a duty to provide the victim or representative for a victim
a preprinted card or brochure outlining certain victim or survivor rights and
contact information. Effective 7-1-09.
SB 614 (Anderson/Duncan): Requires an offender who receives a suspended
or deferred sentence in which the court does not order supervision by the
Department of Corrections to pay the district attorney a supervision fee of $40
per month. Effective 7-1-09.
SB 653 (Sykes/Billy): This measure modifies the procedure for judicial
review of a criminal sentence. The court
is required to present a written request or order for a report from the
Department of Corrections prior to any modification. The Department of Corrections is allowed 20
days to prepare the report which includes information on the offender’s
assessed needs, progress while incarcerated, and other information to determine
whether the court should modify the criminal sentence. After receipt of the report, the court may
set a hearing for modification of the criminal sentence, and notice shall be
given to the inmate, district attorney and legal counsel for the inmate at
least 21 days prior to the hearing. It
allows modification of any sentence which was modified based upon an appeal. Effective 5-21-09.
SB 702 (Paddack/Thomsen): This measure increases the penalty for
kidnapping from 10 to 20 years. On and
after July 1, 2009, the bill requires all persons convicted of kidnapping
involving sexual abuse or exploitation to serve a term of post-imprisonment supervision. The bill adds additional victims to the crime
of rape by instrumentation by prohibiting the act between certain aged persons
under the custody or supervision of any public or private school and an
employee of the same school system or where the victim is under the legal
custody or supervision of a state, federal, county or municipal agency or
political subdivision and the act is committed by an employee or contractor of
the agency or political subdivision that exercises authority over the victim. Effective 7-1-09.
SB 789 (Nichols/Terrill): This measure makes it a crime to knowingly
make a false statement during the course of an internal state agency
investigation. The criminal penalty is a
misdemeanor with up to one year jail imprisonment, a fine not exceeding
$500.00, or both fine and imprisonment. Effective 5-19-09.
SB 796 (Brogdon/McDaniel): This bill changes where transitional living
centers can be located. For facilities
housing any sex offender, the prohibited distance remains 2,500 feet from any
public or private school or residential neighborhood. All other transitional living centers are
required to notify and obtain permission from the governing body of the municipality
or board of county commissioners prior to operating. The notice must be mailed to the elected city
council members, the state legislative members, and the county commissioners
where the facility shall be located. The
notification must be mailed 30 days prior to any meeting or public hearing
where the facility may be considered or approved and must state whether the
facility intends to house any sex offender or person convicted of a capital
offense. The prohibited distance and
notification requirements do not apply to any facility established prior to May
3, 2005. Effective 5-22-09.
SB 803 (Sykes/Cooksey): This bill removes the requirement that
correctional canteen services be operated by state employees. Effective 8-10-09.
SB 844 (Branan/Armes): This measure prohibits eyeball
tattooing. Scleral tattooing is the marking,
scarring or inserting pigment onto the human eye or ocular surfaces. The penalty is a misdemeanor with 90 days
jail imprisonment, a fine not exceeding $5,000.00, or both fine and
imprisonment. Effective 7-1-09.
SB 932 (Coffee/Duncan): This measure creates the Victims Rights to
Protection Task Force until January 1, 2010.
The task force will study the needs and ability of victims to lawfully defend
against harmful conduct and the right to self-protection and protection of
others from physical harm and threat of harm by acts of criminal conduct. The task force includes seven members of
which the chair and co-chair are legislative members. The task force will provide a report at the
conclusion of the study. Effective
5-15-09.
SB 1020 (Nichols/Terrill): This measure creates an enhanced crime of
domestic abuse when the perpetrator has a prior pattern of physical abuse. The criminal penalty is a felony with up to
ten (10) years imprisonment, a fine not exceeding $5,000.00, or both fine and
imprisonment. Prior pattern of physical abuse means three or more separate
incidences occurring within a prior six-month period constituting acts of
assault and battery or domestic abuse where proof is established by a third
party witness or other admissible direct evidence. The bill also separates the
misdemeanor penalty for obscene materials from child pornography materials for
the crime of displaying or distributing prohibited materials and enhances the
penalty for child pornography to a felony with up to twenty (20) years’ imprisonment,
a fine not exceeding $20,000.00, or both fine and imprisonment. It includes the
use of electronic and photo-optical formats in the definition of obscene materials
and child pornography. This bill requires
persons convicted of aggravated possession of child pornography to be
registered as sex offenders. It further
prohibits registered sex offenders from being ice cream truck vendors and requires
businesses engaged in ice cream truck vending to conduct an annual name search
against the Oklahoma Sex Offenders Registry for every truck operator. Sole proprietors operating ice cream trucks
are required to carry a signed and notarized statement that the person is not a
registered sex offender. The bill gives
warrantless arrest authority to law enforcement officers for violations. The
penalty for ice cream truck vending is a
felony with up to 2 ½ years imprisonment, a fine not exceeding $1,000.00, or
both fine and imprisonment. Effective
7-1-09.
SB 1064 (Barrington/Shannon): Cellular phones or electronic devices capable
of sending or receiving electronic communication are prohibited in secure areas
of jails and state penal institutions.
The possession of a cell phone or other electronic communication device
by an inmate is contraband and a felony crime with 5-20 years’ imprisonment.
The penalty for a person other than an inmate having a cell phone in a secure
area of any jail or penal institution is a felony with up to two and
one-half (2 ½) years imprisonment, a
fine not exceeding $2,500.00, or both fine and imprisonment. The definition of electronic communication is
enhanced to include intelligence communicated by any means including the
Internet. Effective 6-2-09.
SB 1102 (Nichols/Terrill): This act is named Juli’s Law. It requires
persons convicted of certain misdemeanor offenses to submit to deoxyribonucleic
acid DNA testing for law enforcement identification purposes and the test result
to be included in the OSBI Combined DNA Index System (CODIS) Database. DNA testing is subject to availability of
funding and includes misdemeanor offenses of: assault and battery, domestic
abuse, stalking, possession of CDS under Schedule IV, outraging public decency,
eluding a police officer, peeping tom, pointing a firearm, discharging a
firearm, threatening an act of violence, breaking and entering a dwelling
place, destruction of property, negligent homicide, personal injury accident
while DUI, and illegal alien violations under federal law. Effective 5-19-09.
SB 1119 (Sykes/Terrill): Authorizes the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control to appoint a Chief of Law
Enforcement Information and Technology; increases fees for registration under
the Uniform Controlled Dangerous Substances Act; and modifies requirements
related to transmission of information related to dispensation of certain
controlled dangerous substances by a registered dispenser. Effective
7-1-09.
SB 1127 (Jolley/Duncan): Establishes maximum fees and modifies
procedures for name changes, address changes and resignations of registered
agents for certain business entities. Effective 1-1-10.
SB 1138 (Easley/McDaniel): This measure criminalizes acts of child
endangerment when a child is allowed to be in a vehicle driven by a person
under the influence of alcohol or another intoxicating substance. If the person operating the vehicle is the
parent, guardian or a person having custody or control of the child, the
penalty is a felony with up to four (4) years’ imprisonment, a fine not exceeding
$5,000.00, or both fine and imprisonment. If the person is convicted of DUI
with any child less than 18 years of age in the vehicle at the time of the
offense, the penalty is double the fines for the DUI offense. Any parent,
guardian or person having custody or control of a child who permits the child
to be in a vehicle with an intoxicated person is guilty of a felony. The bill allows an affirmative defense in a
contempt of court proceeding pursuant to a custody or divorce action when the
parent complied in good faith with the child endangerment law and refused to
permit the child to be in a vehicle driven by an intoxicated person. Effective 7-1-09.
HB 1008 (Carey/Gumm):
Establishes a 7-year statute of limitation for prosecution of the crime
of arson. Effective 11-1-09.
HB 1049 (Carey/Paddack):
Modifies law enforcement records that shall be available for public
inspection pursuant to the Open Records Act.
Effective 11-1-09.
HB 1360 (Cooksey/Sparks): This measure increases the penalty from a
misdemeanor to a felony for assault, battery or assault and battery upon an
emergency medical care provider. The
felony imprisonment term is two (2) years and the fine remained the same at
$1,000.00. Effective 5-27-09.
HB 1509 (Blackwell/Bass):
Modifies provisions of the Sex Offender Registration Act, including
creating a misdemeanor offense for assisting a person who is in violation of
the Sex Offender Registration Act elude arrest or withhold information from law
enforcement, adding crimes that require registration pursuant to the Sex
Offender Registration Act, modifying duties of the Department of Corrections
sex offender level assignment committee, and establishing requirements for
eligibility for removal from sex offender registration. Effective 11-1-09.
HB 1579 (Joyner/Barrington): Fortification of any access point into a
dwelling, structure, building or other place is prohibited for the purpose of
preventing or delaying entry by law enforcement when a crime pursuant to the Uniform
Controlled Dangerous Substances Act is being attempted or committed. The criminal penalty is a felony with up to
five (5) years imprisonment, a fine not exceeding $10,000.00, or both fine and
imprisonment. Effective 11-1-09.
HB 1698 (Billy/Sykes): Certain law enforcement personnel employed by
county jails or correctional facilities in this state may be served the same
meals as prisoners at no cost upon approval of the facility head or
sheriff. The cost of employee meals
shall be paid from appropriations for the jail or correctional facility. Municipalities may negotiate the manner of
establishing employee meal costs, but state facilities and county jails are
prohibited from directly or indirectly recouping the cost of approved employee
meals. Effective 11-1-09.
HB 1707 (Derby/Crain):
Modifies penalties for violations of the Uniform Controlled Dangerous Substances
Act to include imposition of a fine and provides a 10-year time limitation on
the use of records of prior convictions of the Uniform Controlled Dangerous
Substances Act. Effective 11-1-09.
HB 1738 (Peters/Stanislawski): Expands the scope of persons required to
report child abuse or neglect and to release certain records to law
enforcement. Effective 5-11-09.
HB 1760 (Enns/Crain):
Provides option for blood testing for alcohol concentration or for the
presence or concentration of other intoxicating substances in a person arrested
for operation of a motor vehicle while intoxicated. Effective 11-1-09.
HB 1775 (Roan/Corn):
Authorizes the Director of the Department of Corrections to issue subpoenas
to assist or further investigations into allegations of crimes committed in
public or private prisons within this state.
Effective 11-1-09.
HB 1834 (Hamilton/Eason McIntyre): Female genital mutilation is prohibited by
this measure unless the procedure is medically recognized for treatment of
disease or for child birth when performed by a licensed physician, certified
midwife or a physician in training under the supervision of a licensed
physician. The professional license of
any medical professional who performs or participates in female genital
mutilation shall be revoked. The
criminal penalty is a felony with not less than three (3) years nor more than
life imprisonment and a fine up to $20,000.00. Effective 11-1-09.
HB 1892 (Peterson/Coffee):
Modifies definition of “strangulation” as it relates to assault and
battery and domestic abuse. Effective
11-1-09.
HB 2047 (Morgan/Eason McIntyre: ) This act
changes the inmate education program within the Department of Corrections from
an eighth grade level of proficiency in reading, writing and computation skills
to a general educational development level.
It requires the Department to prioritize placement of inmates lacking
basic literacy skills and nearest to release for assignment to education
programs. Effective 11-1-09.
HB 2057 (Thompson/Sykes):
Creates the Truth in Music Advertising Act to prohibit any person from
advertising or conducting a live musical performance or production in this
state through the use of a false, deceptive or misleading affiliation,
connection or association between a performing groups recording group, and
imposes civil penalties for violations of this Act. Effective 11-1-09.
HB 2245 (Terrill/Sykes): This measure creates the Oklahoma Criminal
Illegal Alien Rapid Repatriation Act of 2009.
It allows the Director of the Department of Corrections to release an
inmate under a federal court order for deportation when the inmates has served
at least 1/3 of the sentence and the inmate has not been convicted under the
85% mandatory sentencing provision. It
requires any deported inmate upon reentry into the United States and subsequently
incarcerated to be revoked from the original release and to serve the remaining
prison term on the original sentence without parole eligibility. Subject to appropriations, this bill allows
the State Board of Corrections to renew a private prison contract in effect for
fiscal year 2009 if the result is a reduced per diem rate in fiscal year 2010. The bill prohibits private prisons from
housing detainees or prisoners who are enemy combatants or who are under
federal, state or local investigation, charge, or conviction for international
terrorism, conspiracy to commit terrorism, or hostile aggression against the United States or allies of the United States. It removes the prohibition for private
prisons to house misdemeanants and maximum security level inmates and removes
the provision for assessing inmate security levels. The Department of Corrections reserves the
first right to contract for inmates from another state or federal inmates
within available state capacity. The
Department is required to grant or deny permission for a private prison to
house maximum security inmates and to identify any facility requirements which
prevent housing maximum security inmates in the private facility. Private prison facilities are required to
provide certain information to the Department of Corrections on federal and
out-of-state inmates prior to transfer of those inmates into this state, and
the information otherwise available to the public shall not be public until the
inmate transfer is complete. The
Department of Corrections may require an inmate to be transferred out of a private
prison and out of Oklahoma if the housing of
the inmate is identified as noncompliant with Oklahoma law. All private prison contractors shall provide
construction plans to the Department of Corrections for approval prior to additions
to or construction of any facility.
Standards for all private prison construction shall be based upon
American Correctional Association building standards. The Department of Corrections may penalize a
private prison contractor for facility noncompliance. The penalty may be assessed between ½ and the
full per diem rate for every day a facility violation exists. This bill further allows any statewide
organization with at least 2,000 due-paying members to annually send one
general mailing to all state employees.
The Office of State Finance may provide the list of state employees to a
third party for mailing purposes provided the list is kept confidential. The state is granted immunity for providing
employee names and addresses for statewide organization mailings. Effective 6-2-09.
HB 2263 (Christian/Leftwich): This act is named the Gaje Jeffrey Florence
Act. It requires the Department of Public Safety to extend any period of
suspension, revocation or denial of driving privileges an additional
twelve-month period for a conviction of causing an accident with personal
injury while driving without a valid license or while under suspension, revocation
or denial of driving privilege. It
criminalizes causing an accident while driving without a valid driver license
or while under any period of suspension, revocation or denial of driving
privilege. The penalty is a misdemeanor
for personal injury with up to one years jail imprisonment, a fine not exceeding
$2,000.00 or both fine and imprisonment.
If the accident results in great bodily injury, the penalty is enhanced
to a felony with up to five (5) years’ imprisonment, a fine not exceeding
$3,000.00, or both, or if death of another person results, the penalty is a
felony with up to five (5) years’ imprisonment, a fine not exceeding $5,000.00
or both. There is discretion to charge
the new provision in addition to other chargeable offenses. Effective 7-1-09.
For FY'10, the Department of Corrections (DOC)
received a stand-still appropriation of $503,000,000, the same as was provided
in FY’09.
The Office of the Attorney General was cut
6.2% from its FY’09 level and was appropriated $13,722,234, a decrease of
$902,215.
The ABLE Commission received a stand-still
budget in FY’10 and was appropriated $3,925,258, only $8 less than in FY’09.
The Legislature appropriated to the District Attorneys’
Council $39,822,795, which was a 7% reduction from FY’09. The DA’s Council, however, is receiving
federal ARRA stimulus funding in the amount of roughly $17 million to be spent
over a 4-year period for the Justice Assistance Grant, which goes towards
criminal justice initiatives and substance abuse treatment programs. The JAG Board, created by the DA’s Council to
dispense the funds, will review grant applications and determine how the money
will be allocated. Much of this money in
the past has funded District Attorney drug task forces.
The Oklahoma
Indigent Defense System received a 6% cut in appropriated funding and was allocated
$15,734,022, roughly $1 million less than in FY’09.
The Council on Law Enforcement Education and
Training was cut by 4.3% and was appropriated $4,414,356.
The Department of Public Safety received a
3.9% cut in FY’10 and was appropriated $93,339,686, roughly $3.8 million less
than in FY’09. The agency indicated that
this was a sufficient funding level to prevent furloughs and still hold an
academy in FY’10.
The Oklahoma State Bureau of Investigation was
cut 1.2% and received a $17,107,029 appropriation.
The Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control received a 7% cut in appropriated
funding and received $6,299,722. The
Bureau’s budget cuts will be offset by fees created and increased in SB 1119
and HB 2250, which are estimated by the Bureau to bring in more than $3 million
in FY’10.
The Pardon and Parole Board was cut by
$54,163, a 2.1% decrease, and was appropriated $2,523,418.
The Legislature appropriated to the State Fire
Marshal $2,245,864 for FY’10 operations, a 1.1% decrease.
The Board of Medicolegal Investigations received
a 2.6% cut in state appropriations, and was provided $4,699,939.
Office of Juvenile Affairs Funding
The Office of Juvenile Affairs (OJA) was appropriated
$112,388,578 for FY'10, a 0.1 percent increase from the FY'09
appropriation. Within its appropriation,
OJA will use $698,669 in federal stimulus funds. Also within the appropriation, OJA received
$1 million for the Tulsa Juvenile Justice
Center, $500,000 to construct new
Level E beds in Butler,
and $1,665 million to partially restore the cut for FY’10.
Economic Development & Commerce Measures
SB 929 (Halligan/Denney): Waives the payroll requirements for an ad
valorem exemption under specified circumstances if the eligible facility as
been located in the state for 15 years and engaged in marine engine manufacturing.
Effective 5-26-09.
HB 1468 (Jackson/Myers): Modifies the Quality Jobs Program Act by
authorizing a qualified federal contractor to receive incentive payments for
renewable 10-yr periods. Provides for a
net benefit rate of between 0.25% and 2%, certified through a contract verifier
who is a nonprofit entity associated with a university. Effective 7-1-09.
HB 1953 (Benge/Bingman): Amends the Quality Jobs Program Act by
expanding the definition of “basic industries” that may be eligible for Quality
Jobs benefits. Under HB 1953, companies that support, repair, and maintain service
for wind energy companies may now be eligible for Quality Jobs Act incentive payments. Effective 11-1-09.
HB 2067 (McNiel/Lamb): Creates the “Oklahoma Community Economic
Development Pooled Finance Act”, providing for the issuance of bonds under two
$100 million pools. The Infrastructure
Pool makes bond money available to local government entities for authorized
infrastructure projects, and the Economic Development Pool makes bond money
available to local government entities for authorized economic development
projects. Bonds are issued by ODFA, and
local government entities are responsible for repayment of debt. The Department of Commerce is responsible for
approving eligible projects based on specified criteria. Effective 7-1-09.
SB 216 appropriates $32,781,088 to the Department
of Commerce, and HB 153 appropriates an additional $1,000,000. This appropriation includes $5,189,186 for
debt service payments and $1,890,556 for operations of the Native American
Cultural Center.
The Department of Commerce administers and
distributes a portion of the funding Oklahoma
receives from the American Recovery and Reinvestment Act. The agency expects to receive over
$150,000,000 throughout FY’10 and FY11.
$57,858,000 will be distributed to the Community Action Agencies for
weatherization of homes at 200 percent or below of the federal poverty limit.
$46,704,000 will provide additional funding for the State Energy Program, with
the goals of increasing energy efficiency to reduce costs and consumption for
customers, business, and government, reducing reliance on imported energy, and
improving reliability of the supply and delivery of energy services. An additional $18,381,669 will be distributed
to the Workforce Investment Boards to enhance workforce development programs
for low-income youth and adults and the recently unemployed. Other stimulus allocations will fund the
Community Development Block Grant, Homeless Prevention, the Energy Efficiency
and Conservation Block Grant, and the Community Service Block Grant.
Historical Society Funding
SB 216 appropriates $14,253,034 to the Oklahoma
Historical Society. With bond debt service
exempted from budget cuts, the agency’s appropriation was reduced by
$1,047,722. This appropriation
represents a 4.8% reduction from FY’09 funding levels.
Education,
Career and
Technology Measures
SB 257 (Corn/Denney): Authorizes transfer of surplus personal
property by a technology center school district to another district or to the
Oklahoma Department of Career and Technology education for the support or delivery
of department initiatives. Effective
7-1-09.
SB 275 (Corn/Renegar): Provides for apportionment of a technology
center school district that serves 70 or more public school districts into
district zones. Provides for election of
board members from each district zone and requires board members to reside in
the district zone represented. Effective
7-1-09.
SB 285 (Anderson/Jackson):
Authorizes the Oklahoma Department of Career and Technology Education
and technology center school districts to keep confidential any information
related to business plans, feasibility studies, financial statements, business
development or customized training.
Effective 11-1-09.
SB 497 (Paddack/McNiel): Directs school districts to report any
business and industry-recognized endorsements attained on the student’s high
school transcript. Effective 11-1-09.
SB 867 (Anderson/McNiel): Authorizes technology center schools to
provide intervention and remediation in Algebra II, Geometry, English II,
English III, and United States History to students enrolled in technology
center schools, with the approval of the independent school district
board. Effective 5-11-09.
Education,
Career and
Technology Funding
CareerTech was appropriated a total of
$157,790,479. This is a decrease of
$479,257 from the FY’09 appropriation of $158,269,736. Funding changes are as follows:
·
The
agency received an additional amount of $1,098,078 in order to fund employer
contribution rate increases for Teachers’ Retirement;
·
$250,000
in one-time funding was removed for the ProStart and Lodging Management
Programs;
·
$150,000
in one-time funding was removed for the Great Plains Regional Public Safety
Facility;
·
$1,077,335
was removed due to base budget cuts.
·
$100,000
in one-time funding was removed from the Pontotoc County Career Tech.
Education, Common Measures (K-12)
SB 222 (Jolley/Jones): Creates the Educational Accountability Reform
Act. Creates a P-20 Data Coordinating
Council until July 1, 2015, to assess the state’s current student data system
and make recommendations on improvements toward a unified system among all
education agencies. Creates the Quality
Assessment and Accountability Task Force to conduct a crosswalk of state
curricular and performance standards with those of other high achieving states
and to review the state student testing system.
Creates the Educational Quality and Accountability (EQA) Board until
July 1, 2015, to review the process for determination of adequate yearly
progress, the process for approval of testing contracts, the tests administered,
the cut score process, and determination of student performance levels. Authorizes the EQA Board to conduct an audit
of the School Testing Program. Modifies the
student testing performance level terminology and the method by which the State
Board of Education determines cut scores.
Effective 7-1-09.
SB 268 (Ford/Sears): Requires schools identified for school
improvement for four consecutive years to implement certain alternative governance
arrangements in accordance with the No Child Left Behind Act. Options include reopening
the school as a public charter school, replacing all or most of the school
staff, entering into a contract with a private management company to operate
the school, turning over operation of the school to the State Board of
Education, or other major restructuring of the governance arrangement of the
school. Provides for the State Board of Education to assume control of the
school if adequate yearly progress is not attained within two years from the
date of implementation of the restructured governance arrangement or for any
school that fails to implement one of the alternative governance
arrangements. Effective 8-26-09.
SB 290 (Coates/Sears): Requires school districts to provide academic
credit for any concurrently enrolled higher education courses that are
correlated with the academic credit awarded by the higher education
institution. Specifies that such credit
shall be recorded on the student’s transcript as elective credit only when
there is no correlation between the concurrently enrolled higher education
course and a course provided by the school district. Effective 7-1-09.
SB 394 (Stanislawski/Sullivan): Changes the April 10th deadline to
the first Monday in June for school districts to notify teachers of nonrenewal
of contracts. Directs the State Board of
Education to issue a teaching certificate to individuals who have been issued a
teaching license and who complete the coursework and assessment requirements
established for participants of the Teach for America program. Effective 11-1-09.
SB 473 (Ford/Banz): Authorizes the Office of Accountability to
conduct a school performance review of districts with a student eligibility
rate for free or reduced-price meals that are above the state average. Effective 7-1-09.
SB 582 (Jolley/Jones): Directs the State Board of Education to issue
a teaching certificate to individuals who meet the eligibility requirements for
the Troops to Teachers program and meet the alternative certification requirements. Directs the Board to issue a teaching
certificate to individuals who complete the requirements set by an alternative
teacher certification organization founded with grant funding from the U.S.
Department of Education and that developed the Passport to Teaching program for
professionals wanting to change careers and become teachers. Effective 8-26-09.
SB 604 (Stanislawski/Sears): Creates the Task Force on Internet-Based
Instruction. Requires report by November
30, 2009. Effective 7-1-09.
SB 1168 (Ford/Coody): Creates the Legislative Task Force on
Achieving Classroom Excellence and requires report by November 30, 2009. Effective 7-1-09.
SB 1169 (Anderson/Denney): Modifies administration of the State Public
Common School Building Equalization Fund.
Authorizes certain monies to be deposited into the fund. Directs the State Board of Education to
solicit grant proposals if funds are available.
Specifies eligibility criteria and authorizes priority consideration for
districts meeting certain requirements.
Modifies the method of allocating funds from the School Consolidation
Assistance Fund for school districts created by voluntary or mandatory
consolidation and for school districts which have received part or all of the
territory and students of a school by annexation. Effective 11-1-09.
HB 1050 (Carey/Sparks): Directs the State Board of Education to
encourage school districts to develop mentorship programs aimed at high-risk
middle and high school students with the goal of reducing drop-out rates. Effective 7-1-09.
HB 1070 (Banz/Ford): Extends the time period that school districts
may hire licensed teachers on a temporary contract in a resident teacher
position from three semesters to two complete school years. Effective 7-1-09.
HB 1095
(Thomsen/Bingman): Amends the Uniform
Athlete Agents Act to prohibit communication by athlete agents with student athletes
who are ineligible to be drafted, with the exception of providing general
promotional brochures. The bill also
increases the fine for violations from not more than $500 to between $1,000 and
$10,000. Effective 11-1-09.
HB 1333 (Denny/Coates): Modifies alternative placement teacher
certification requirements. Adds the requirement that the applicant must have
attained a 2.50 grade point average in college. Modifies the requirements for
combinations of degrees, semester hours and clock hours, so that under HB 1333,
an applicant will be required to have either (1) a baccalaureate degree and 18
semester hours or 270 clock hours , or (2) a post baccalaureate degree and 12
semester hours or 180 clock hours. Provides an exception to the requirement
that, in order to enroll in an alternate placement program, participants must
have three years of post baccalaureate work experience, if the participant is
in the federal Troops to Teachers Program. Effective 11-1-09.
HB 1461 (Sears/Ford): Requires schools that do not achieve Adequate
Yearly Progress (AYP) status for two consecutive years and are identified for
school improvement to use the assistance of a school support team established
by the State Department of Education. The school support team will review and
analyze all operations of the school and incorporate school improvement
strategies and facilitate professional development through teacher training. Effective 7-1-09.
HB 1462 (Trebilcock/Nichols): Authorizes the
State Department of Health’s advisory committee for vision screening standards
to serve as a sports eye-safety resource for public school districts and
nonprofit community sports organizations. Effective 11-1-09.
HB 1467
(Sanders/Barrington): Expands the
requirement that the Oklahoma Commission for Teacher Preparation offer
professional development institutes in mathematics for teachers. Prior law
required such institutes to be offered to teachers in grades five through nine.
Under HB 1467, the institutes will be offered to teachers in grades
kindergarten through nine. Effective
7-1-09.
HB 1518 (Inman/Reynolds): Authorizes schools to exclude from
participation in physical education
programs students who have been placed into in-house suspension or detention
class or students who are under in-school restriction or are subject to an
administrative disciplinary action.
Effective 7-1-09.
HB 1581 (Coody/Jolley): Requires all higher
educational institutions offering programs in elementary, early childhood, or
special education programs to include reading instruction in teacher candidates
coursework. Requires teacher candidates to pass a comprehensive assessment to
measure their teaching skills in the area of reading instruction. Effective 7-1-09.
HB 1592 (Coody/Barrington):
Authorizes school districts to use
interest from the sale of bonds for lease-purchase payments. Requires
lease-purchase agreements entered into by school districts to provide for
acquisition of the lease-purchased property by the district. Requires the superintendent
and fiscal officer of school districts to furnish surety bond of $100,000.
School districts can rent real and personal property for terms of any length during
the fiscal year as opposed to restricting rental to a monthly basis. Requires
the State Auditor and Inspector to perform a special audit on four school districts
with an average daily membership of less than one thousand
(1,000) each year. Effective 7-1-09.
HB 1647
(Rousselot/Garrison): Makes an exception
to allow a person related to a school board member within the second degree of
affinity or consanguinity to be employed as a substitute teacher or as a
temporary substitute support employee if the school district has an Average
Daily Membership (ADM) of less than five thousand (5,000). Effective 7-1-09.
HB 1737 (Peters/Burrage): Establishes the Oklahoma
School for the Visual and Performing
Arts and creates the Oklahoma
School for the Visual and
Performing Arts Revolving Fund. Provides
for appointment of a Board of Trustees for the school and states the powers and
duties of the board. Provides exception
to the dual-office-holding prohibition for legislators and members serving on
the board of trustees. Effective
8-26-09.
HB 1756 (Martin
(Scott)/Jolley): Requires school districts
to permit teachers to use excerpts of enumerated documents, writings, speeches,
proclamations, or records relating to the foundation of the United States or
the State of Oklahoma. Prohibits school districts from limiting instruction in
American or Oklahoma
state history or heritage based on religious references in such materials. Effective 7-1-09.
HB 1763 (Enns/Reynolds): Directs the State Board of Education to
provide training for special education due process hearing and appeals
officers; requires hearing and appeals officers to participate in annual
continuing education. Effective 7-1-09.
HB 1826 (Johnson/Sykes): Requires school districts to adopt policies to
notify parents about school-sponsored clubs or organizations via the school
handbook and the Internet. The policy
shall also give parents the opportunity to notify the school’s administrators
that they withhold permission for their children to join such clubs. Effective 11-1-09.
HB 1837 (Hamilton/Eason McIntyre): Authorizes the Commission for Teacher
Preparation to establish the Inner City Schools Rescue Program to recruit and
train licensed or certified teachers to work in inner city schools that are on
the school improvement list or where 95 percent of the students are eligible for
free and reduced lunch. Effective 7-1-09.
HB 1864 (Hickman/Brown): Changes the calculation of the school year to
provide the option of measurement in hours (1,080 hours of classroom instruction)
instead of days. Up to 30 hours a year may be used for attendance of
professional meetings. Parent-teacher conferences can count as classroom
instruction time for no more than 12 hours per year. If schools are closed for
inclement weather, hours prior to closure count toward the 1,080 hour requirement.
Provides for the length of a school day
to be extended and the number of days reduced, so long as the total number of
hours is not less than 1,080 in a school year. Provides for instruction on
Saturdays, upon approval of the State Board of Education. Effective 4-24-09.
Education, Common Funding (K-12)
Common Education was appropriated a total of
$2,404,447,551 in state dollars and is expected to receive $167,559,651 in
stimulus funds for a total expected FY’10 appropriation of $2,572,007,202. This is an increase of $40,544,649 (1.6
percent) above the FY’09 appropriation of $2,531,462,553. Funding changes are as follows:
·
$200,000
in one-time funding for lawsuit assistance was removed from the agency’s
budget.
·
$40,000
for the Community Education Grant Program was removed from the agency’s budget.
·
$27
million in additional funds were provided to address cost increases pertaining
to the Flexible Benefit Allowance for certified personnel.
·
$13,304,649
in additional funding was appropriated in order to fund employer contribution
rate increases for Teachers’ Retirement.
·
An
additional $177,000 was appropriated to meet the federal match for the Federal
School Lunch Matching Program.
·
$63,000
was provided for a SoonerStart Autism Training Program.
Local school districts across Oklahoma are also
expected to receive federal stimulus dollars for Title I and Special Education
as follows:
·
$109,442,502
from Title I Grants
·
$147,924,906
from Special Education Grants
·
$3,881,940
from Special Education Preschool Grants
Education, Higher Measures
SB 310 (Paddack/Cox): Authorizes the award of scholarships
established through the Oklahoma Health Care Workers and Educators Assistance
Program contingent on funds made available through the State Regents for Higher
Education. Effective 7-1-09.
SB 585 (Ford/Coody): Authorizes public educational institutions to
keep campus security plans confidential.
Allows for the discretionary release of information in order to design
or implement the plan. Allows for the
collection and release of higher education campus crime statistics and campus
security policies as required pursuant to the federal Jeanne Clery Disclosure
of Campus Security Policy and Campus Crime Statistics Act. Effective 7-1-09.
SB 982 (Ford/Thomsen): Specifies that awards for the Oklahoma Higher
Learning Access Program will be calculated at the nonguaranteed resident
tuition rate. Delays implementation of
the income qualification at the time the student begins postsecondary education
(known as the “second income check”) to the 2012-13 school year. Effective 7-1-09.
HB 1882 (Jordan/Schulz): Modifies definitions relating to textbook
material for higher education. Clarifies what constitutes bundled textbooks by
adding separate definitions of integrated textbooks and custom editions. Requires
publishers to provide to faculty and staff a description of the content
revisions of textbooks between the current edition and the previous edition. Effective 8-1-09.
Education,
Higher Funding
Higher Education was appropriated a total of
$1,001,948,531 in state dollars and is expected to receive $68,792,477 in
stimulus funds for a total expected FY’10 appropriation of $1,070,741,008. This is an increase of $31,579,728 (3
percent) from the FY’09 appropriation of $1,039,161,280. Funding changes are as follows:
·
$200,000
in additional funds were provided for the Ponca City Learning
Center;
·
$725,000
in one-time funding for capital improvements at North Western OSU was removed
from the agency’s budget;
·
$100,000
in additional funds was provided for the Autism program at UCO.
·
$25,500,000
in funding for operations was provided.
·
The
agency received an additional amount of $5,779,728 in order to fund employer
contribution rate increases for Teachers’ Retirement;
$450,710 was removed due to base budget cuts;
however, $450,000 was restored. The total appropriation for the Arts Council in
FY’10 totaled $5,150,257.
Department
of Libraries Funding
$638,300 was removed due to base budget cuts;
however, $638,000 was restored. The total
appropriation for the Department of Libraries in FY’10 is $7,294,556.
$1,964,944 was removed due to base budget
cuts; however, $1,535,000 was restored. The total appropriation for the Center
for the Advancement of Science and Technology in FY’10 is $22,026,563 which is
a reduction of 1.9% from FY’09.
School of Science and
Mathematics Funding
OSSM was appropriated a total of
$7,546,706. This is a decrease of
$439,031 (5.5 percent) from the FY’09 appropriation of $7,985,737. Funding changes are as follows:
·
Although
the agency received a $471,026 base budget reduction, $31,995 was restored in
order to fund employer contribution rate increases for Teachers’ Retirement.
Energy,
Environment & Utilities Measures
SB 293 (Burrage/Schwartz): This measure states a Legislature finding that
the expenditure of public funds for the conservation of electricity or natural
gas is in the public interest and to further such public interest it authorizes
municipally owned utilities and the Grand River Dam Authority to expend funds
to assist consumers in establishing energy conservation activities. Effective 11-1-09.
SB 303 (Bingman/Watson): In 2008 a statute was enacted attempting to
clarify the service territories of electric utility providers within annexed
portions of cities where there are multiple providers. SB 303 further clarifies that any rights to
provide service within a municipality which are granted by this statute would
not extend beyond the time period granted by the municipal franchise to which
the utility was granted. Effective
4-14-09.
SB 428 (Ellis/Bailey): This measure prohibits the use of glass
containers in any boat, canoe, raft or inflatable watercraft in a scenic river
area or on the Lower Mountain Fork
River in Southeastern
Oklahoma, and it provides a penalty for persons found in violation
of this prohibition. Effective 4-3-09.
SB 446 (Bingman/Richardson): This bill was a request of the Department of
Environmental Quality and it modifies the statutory terminology used in the
Oklahoma Brownfields Voluntary Redevelopment Act relating to the application
process. The program promotes the redevelopment
of property which was previously polluted or contaminated and remediated for
appropriate uses. This bill modifies
state statutes to conform to federal regulatory language. Effective 7-1-09.
SB 610 (Myers/Watson): Following interim study meetings on the issue
of carbon sequestration, this measure creates the Oklahoma Carbon Capture and
Geologic Sequestration Act. The act sets
out legislative findings proclaiming carbon dioxide is a valuable commodity and
it is especially useful in Oklahoma
when used to enhance oil and gas recovery.
The act creates a permitting process for companies investing in
underground carbon dioxide storage facilities.
As outlined in this act, depending upon the type of reservoir used for
carbon sequestration or storage, the regulatory agency permitting the facility
will be either the Corporation Commission or the Department of Environmental
Quality. Capture and use of carbon
dioxide is a very expensive process and SB 610 does not fully address some
issues, such as ownership of carbon in long-term storage facilities and
liability issues for facility operators.
These and other issues remain to be discussed in future interim study
meetings. Effective 6-1-09.
SB 655 (Schulz/Ortega): This bill amends the statutes requiring the
entire membership of local irrigation districts to vote on the construction of
dams, the installation of pump equipment and the purchase of real property by allowing
decisions on those issues to be made by the irrigation district board of directors.
Effective 4-21-09.
SB 679 (Myers/Watson): Following the interim study created last
session and the creation of the Oklahoma Carbon Capture and Geologic
Sequestration Act in SB 610, this bill re-creates the Oklahoma Geologic Storage
of Carbon Dioxide Task Force until December 15, 2009. The group will reconvene with the same
members and study issues necessary to implement the transmission and storage of
carbon dioxide, such as insurance, liability, and long-term ownership of
storage facilities. Effective 5-8-09.
SB 827 (Schulz/Blackwell): Authorizes the Corporation Commission to
employ a person to serve as a senior-level electric transmission system
advisor. Employing a person with
technical knowledge of electric transmission issues is necessary to help guide
our state in developing electric transmission facilities which are critically
needed to promote wind generation electric facilities. This advisor would advocate our state’s needs
and participate in meetings and monitor the activities of the Southwest Power
Pool, the regional system governing all of Oklahoma’s electric power transmission facilities. The bill authorizes the Commission to determine
the qualifications and compensation for this position and issue annual
contracts for a total of no more than five years. Effective 5-22-09.
SB 833 (Bingman/Thompson): SB 833 requires each state agency to develop
and implement an energy efficiency and conservation plan. The Department of Central Services will
assist state agencies in developing such plans and will serve as the repository
for the plans. The measure outlines
energy efficiency strategies each agency must consider using in their agency
plan. Effective 11-01-09.
SB 953 (Myers/Watson): Creates the Oklahoma Clean Energy
Independence Commission under the leadership of the Secretary of Energy who
will determine the number of appoints to be made, one-third of the total to be
appointed by the Governor, the President Pro Tempore of the Senate and the
Speaker of the House of Representatives.
Members shall be appointed by July 1, 2009, and serve until December 1,
2010. The goal of the Commission will be
to utilize the extensive energy-related resources and knowledge in this state
to help the nation achieve a goal of clean energy independence within the next
five years. Effective 5-11-09.
HB 1483 (DeWitt/Justice): In the final days of session this measure was
agreed on as an attempt to deal with the November 2009 expiration of the statutory
moratorium on out-of-state water sales and the resulting lawsuit filed by a
Texas water district seeking water from Southeastern Oklahoma. HB 1483 adopts some of the same language used
in other states and it directs the Oklahoma Water Resources Board not to issue
any permit which would impair the ability of Oklahoma or any other authorized entity to
meet their obligations under interstate stream compacts. The bill also requires the OWRB to evaluate,
prior to approving an out-of-state water permit, whether the water that is
subject to the application could be feasibly be transported to alleviate water
shortages within this state in addition to other criteria. Additionally, the bill requires out-of-state
water permit holders to consent to conditions of use required in Oklahoma if there is a
conflict in conditions of use between two states, and any out-of-state water
permits shall be subject to review by the OWRB at least every ten years. Effective 6-1-09.
HB 1884 (Richardson/Justice): Requires the Oklahoma Water Resources Board
and the Oklahoma Conservation Commission to establish a study group to review
existing state and federal regulations of high-hazard dams and make
recommendations to reduce the number of high-hazard dams and formulate public
education plan warning of the safety risks associated with construction of
residential or business structures near at-risk dams. The bill requires a written report by
December 25, 2009. Effective 4-21-09.
HB 1952 (Benge/Bingman): This measure requires the Director of Central
Services to provide alternative fueling sources for use by state agencies and
political subdivisions and allows for leasing and transferring alternative fueling
infrastructure to political subdivisions through partnership agreements. The bill also authorizes DCS to offer public
access to alternative fueling stations in areas of the state where such
services are not readily available. The
bill further authorizes DCS to lease alternative fuel vehicles and alternative
fuel infrastructure to political subdivisions and allows for such property to
be transferred to the political subdivision upon final payment of the lease
agreement. The amount DCS can expend is limited to $500,000.00 per political
subdivision. Effective 5-29-09.
Oklahoma will receive
$132,000,000 from the American Reinvestment and Recovery Act for water-related
projects. $31,000,000 will go to the
Oklahoma Water Resources Board Clean Water State Revolving Fund. That funding will be distributed to local
governments for the construction of new wastewater facilities or the replacement
or rehabilitation of existing facilities for wastewater projects, brownfields,
or related storm water pollution control projects. An additional $31,000,000 will go to the Department
of Environmental Quality Drinking Water State Revolving Fund. This funding will also be distributed to
local governments for water facility expansion, replacement, improvement, or repair. The remaining $70,000,000 will be distributed
through the USDA Rural Development Water and Wastewater Loan and Grant Program. Public bodies, tribes, and nonprofits in
rural areas and towns with populations less than 10,000 are eligible for this
funding. Funding may be used for
construction, installation, repair, improvement, and expansion of community
water, wastewater, solid waste, and storm sewer systems.
Ethics
& Elections Measures
SB 94 (Johnson (Mike)/Trebilcock): Modifies the rules of the Ethics Commission
to provide that the following activities are not prohibited:
·
Writing
recommendations for acceptance of an applicant into a higher education institution,
a special program or organization;
·
Writing
recommendations for special recognition or honors;
·
If
no state funds are used, writing letters or orally communicating
recommendations for hiring, reclassifying, terminating or promoting people;
·
Promoting
or soliciting funds for civic, community or charitable organizations or events
for which a state officer or employee receives no thing of value;
·
Promoting
businesses or industries for which a state officer or employee receives no
thing of value.
Effective 6-1-09.
SB 458 (Branan/Duncan): Modifies procedures for voting by military
and overseas voters. SB 458 allows
voters covered by the federal Uniformed and Overseas Citizens Absentee Voting
Act of 1986 to make an electronic application for an absentee ballot. The secretary of the county election board
may transmit balloting materials for state and federal elections to an e-mail
address if the voter meets certain requirements. An e-mail address is confidential. The Secretary of the State Election Board is
granted the authority to determine if balloting materials for elections other
than state or federal elections can be transmitted electronically, and may
suspend these provisions if he or she determines that electronic transmission
is not in the best interest of the people due to security problems. Ballots electronically transmitted may be
mailed or Faxed back to the election board.
If multiple ballots are returned, only the first ballot received may be
counted. Effective 1-1-10.
SB 783 (Sykes/Johnson): Requires county commissioners submitting a
measure for a vote to also submit a suggested ballot title which meets
specified requirements. The district attorney
must review the ballot title for legal correctness. A proposition subject to these provisions
must be published as required by law.
Effective 11-1-09.
SB 798 (Sykes/McCullough): Provides that if the conflict-of-interest
statute on state privatization contracts is violated, the business organization
involved shall be prohibited from contracting for one year with the state
agency involved. Effective 11-1-09.
SB 800 (Sykes/Murphey): Modifies various procedures relating to
initiative and referendum petitions, as follows:
·
Requires
the Secretary of State to publish a notice of filing of an initiative or referendum
petition, including the reviewed or rewritten ballot title and notice of the
right to protest and procedures;
·
Requires
protests to be filed within 10 days of publication;
·
Requires
the Supreme Court to hear testimony and arguments relating to the protest
within ten days of the filing of the protest;
·
Provides
procedures for revival of a protest;
·
Requires
signatures to be filed within 90 days of filing of the petition or determination
by the Supreme Court, whichever is later;
·
Limits
protests after the circulation period to the validity or number of signatures.
Effective 11-1-09.
HB 1081 (Buck/Gumm): Changes the procedures for selection of a
substitute candidate in the event of a candidate’s death. Under current law, the political party’s
central committee must select an alternative candidate and submit the name
within five days after the candidate’s death.
HB 1081 changes the time frame to 15 days after the candidate’s death,
but not later than 60 days (for statewide and federal candidates) or 55 days
(for all other candidates) before the General Election. Effective 11-1-09.
HB 1402 (Hilliard/Paddack): Allows incapacitated voters in veterans
centers to vote under the same absentee ballot procedures as voters in nursing
facilities. Effective 11-1-09.
HB 1999 (Wright (Harold)/Schulz): Provides that the county election board has
the authority to determine if a ballot is valid and should be counted in a
recount, by a majority vote. Effective
11-1-09.
Conservation Commission Funding
SB 216 appropriates $9,572,455 to the Conservation
Commission, a 7 percent reduction in funding from FY’09 levels. HB 1489 extended the partial distribution
of the gross production tax to the Conservation Commission until 2014. The bill also increased the amount of the
revenue that can be used for the agency’s administrative expenses from 20 to 30
percent.
Gaming, Sports & Amusements Measures
SB 694 (Sweeden/Armes): Modifies the definition of horse racing for
purposes of the Oklahoma Horse Racing Act to exclude the racing of the
offspring of a cloned horse. Effective
11-1-09.
HB 1576 (Joyner/Aldridge): Gives the Oklahoma State Athletic Commission
the authority to regulate amateur mixed martial arts events. Eliminates the $300,000 cap on revenues deposited
to the Oklahoma State Athletic Commission Revolving Fund. Effective 5-22-09.
Government Measures
(County, Municipal, Local)
SB 256 (Eason McIntyre/Shumate): The measure transfers
the duties, responsibilities and operation of the 1921 Tulsa Race Riot Memorial
of Reconciliation to the municipal governing body or a public trust
of the municipal governing body where the 1921 Tulsa Race Riot Memorial of
Reconciliation is located. Effective
5-15-09.
SB 269 (Crain/Wright): This measure relates to the $35.00 fee county
officers are authorized to charge for each bad check, draft order or voucher by
deleting the requirement that all monies received shall be in an interest bearing
account at a rate of interest not less than 3% per annum on a daily basis. Effective 5-22-09.
SB 306 (Leftwich/Jordan): This measure requires any entity that issues
building permits shall, before issuance of residential building permit, obtain
a certificate of general liability insurance in an amount required by other construction
trade contractors licensed by the Construction Industries Board and workers’
compensation insurance or exemption verification. This does not apply to individuals making
modifications to existing single-family or duplex structures on their own
property unless the modifications are being subcontracted, in which case, the
subcontractor must meet the aforementioned requirements. Effective 11-1-09.
SB 357
(Crutchfield/Hilliard): This measure
provides that a board of county commissioners may enter into agreements with
any municipality for the furnishing of emergency services. Emergency services
are defined as including, but not limited to, those services relating to
medical attention and wreck removal. The measure authorizes the board of
county commissioners to collect charges for such services. Effective 7-1-09.
SB 431 (Aldridge/Banz): Authorizes the board of county commissioners
to provide for enforcement of its regulations and establish fines, penalties,
or other remedies for any offense in violation of its regulations. Specifically the board shall have the power
to establish and enforce fines and penalties for violation of its zoning,
subdivision, storm water and floodplain regulations. Such citations for the
violations shall be issued by designated county personnel. Also states all violations shall be deemed a
misdemeanor and punishable by a fine of up to $500. Effective 8-26-09.
SB 505 (Leftwich/Banz): This measure provides that no more than 4
members of a city planning commission may serve on design committees or
commissions. Effective 11-1-09.
SB 551 (Myers/DeWitt):
This measure provides that engineering
contracts of less than $100,000 that are required to comply with federal and
state public water supply or wastewater laws and regulations are not required
to be open for competitive bidding and also provides that engineering contracts
of less than $100,000 that are required to comply with federal and state public
water supply or wastewater laws and regulations are not subject to the requirements
of the Public Building Construction and Planning Act. This measure also amends the Oklahoma Central
Purchasing Act by adding a new paragraph exempting contracts under $100,000
entered into by the Department of Environmental Quality for engineering
services to assist small municipalities and rural water or sewer districts in
their efforts to achieve compliance with federal and state public water supply
or wastewater laws. Effective 8-26-09.
SB 668 (Aldridge/Banz): Creates the Oklahoma Energy Independence Act,
which authorizes a board of county commissioners to establish, by resolution, a
County Energy District Authority to be comprised of five trustees. The
Authority is empowered to secure funding and make loans to finance the
installation of distributed generation renewable energy sources, to make energy
efficient improvements and establish financial incentive programs for energy
efficient improvements. Effective
4-28-09.
SB 684 (Ballenger/Joyner): This measure provides that three members of a
county board of adjustment, with both the city and the county being
represented, shall constitute a quorum.
Effective 11-1-09.
SB 871 (Russell/Enns): This measure modifies the membership of the Electronic and Information Technology Accessibility Advisory
Council. Effective 4-13-09.
SB 1066 (Marlatt/Sanders): This measure modifies the bid amounts from $5,000
to $10,000 for supplies and materials for a county. Effective 11-1-09.
HB 1007 (Wesselhoft/Leftwich): This measure requires that signs designating
parking for the physically disabled meet the standards outlined in the Manual
on Uniform Traffic Control Devices published by the Federal Highway Administration,
requires municipalities adopt ordinances for compliance, and provides a grandfather
clause for current signs as long as appropriate language appears on the sign. Effective 11-1-09.
HB 1031
(Murphey/Coates): Adds the code of the
International Code Council as one of the codes a municipality is required to
chose from when adopting and enforcing building standards. Changes the
buildings standard that municipalities or subdivisions may use under certain
circumstances from the Building Officials and Code Administrators (BOCA)
National Building Code, as last adopted by the State Fire Marshal Commission,
to the International Building Code. Effective
11-1-09.
HB 1077 (Lamons/Eason
McIntyre): This measure transfers the
1921 Tulsa Race Riot Memorial of Reconciliation and all operational and
statutory responsibilities to the city of Tulsa. Effective 11-1-09.
HB 1347 (Cooksey/Jolley): This measure increases the minimum values
relating to the disposal, trade and sale of county equipment from $250.00 to
$500.00. Effective 11-1-09.
HB 1389 (Osborn/Anderson):
Adds grounds for involuntary dissolution of a municipality if the municipality
is totally within an area subject to subsidence, environmental contamination or
flooding because of specified causes, and is therefore unable to maintain
services due to a reduction in population; and authorizes recovery of court
costs and attorney fees to the prevailing party in an annexation dispute, including
when a municipality withdraws, revokes or otherwise reverses the ordinance at issue
in response to litigation before issuance of a final judgment. Effective 11-1-09.
HB 1420 (Cannady/Ballenger): This measure provides that municipalities with
populations under 5,000 persons may employ a part-time city planner, whose
duties shall be determined by the governing body of the hiring municipality. Effective
11-1-09.
HB 1424 (Proctor/Brogdon): This measure provides for notice requirements
related to zoning changes that permit the use of treatment facilities,
transitional living facilities, halfway houses and any housing or facility that
may be used for medical or non medical detoxification. This measure also requires that entities
proposing zoning changes including multiple housing units mail a written notice
within thirty days of a scheduled rezoning hearing to all registered voters
within one-quarter of a mile of the affected area. The notice is to be mailed at the expense of
the petitioning party. Effective
11-1-09.
HB 1470 (Sanders/Marlatt): This measure allows a board of county
commissioners to offer as much as a $1,000 reward for information leading to
the arrest and convictions of individuals involved in the stealing and defacing
of county road signs and property. The
award is currently limited to $100. In
addition, the language increases the amount of money that may be maintained in
an award fund from $500 to $2,000. Effective 11-1-09.
HB 1473 (Sanders/Justice): This measure exempts agriculture parcels of
land 40 acres in size or larger from ordinances restricting land use and
building construction upon annexation into municipal limits, provided such activities
are related to agriculture activities. Effective
11-1-09.
HB 1608 (Sullivan/Crain): This measure provides that public safety
professionals may be allowed to work in excess of eight hours per day when such
hours are assigned as part of an alternative work schedule. Public safety professionals are defined as
sheriffs, deputy sheriffs, correctional officers, and persons in the emergency
medical service profession. Effective
7-1-09.
HB 1753 (Martin/Barr): This measure allows the governing body of a
municipality to change orders up to $40,000 or 10% of any contract, whichever
is less, to the chief municipal administrative officer or their designee. Approved change orders must be reported to
the governing body of the municipality at the next regularly scheduled
meeting. This measure also states that a
city manager must reside within the boundaries of the city, the school district
or districts that overlap the city boundaries or within ten miles of the city
or the school district. Effective
11-1-09.
HB 1800 (Cooksey/Aldridge): This measure allows the governing body of a
municipality to enter into a contract with a debt collection agency for the
collection of unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid for an additional collection fee not to exceed 35% of the item
that has been referred to the collection agency for collection. It also raises the maximum costs that may be
charged by municipal court clerks from $25 to $30 plus the fees and mileage of
jurors and witnesses. In addition,
municipal courts are permitted to file a claim against an income tax refund. Effective 5-22-09.
HB 2087 (Joyner/Barrington): This measure authorizes a fire department to
run a national criminal history record check for persons applying to be a paid
member of a municipal fire department.
In addition, the applicant shall furnish the department with two
completed fingerprint cards and a money order or a cashier's check made payable
to the OSBI for the cost of the national fingerprint history records check. Effective 11-1-09.
Government Measures
(State)
SB 476 (Anderson/Duncan):
Authorizes filing of legislative bills and resolutions by electronic
transmission. Effective 11-1-09.
SB 643 (Coffee/Benge): Grants management and control of space in the
State Capitol building occupied by the courts to the Legislature when the
courts relocate to the Wiley
Post Historical
Building. The courts will continue to have access to
designated courtrooms and robing rooms.
Effective 11-1-09.
SB 670 (Aldridge/Wright):
The measure requires that any employee
contributions to the Oklahoma Public Employees Association or any other
statewide association can only be made when the minimum dues-paying membership
is 2,000 as opposed to the previous requirement of 1,000 dues-paying members.
The bill also provides that any actions agreed to through the Alternative
Dispute Resolution Program as provided by the Merit Protection Commission cannot
alter any existing right or authority as provided by statute or rule, deletes
language requiring state entities to report to the Office of Personnel Management
pay movement mechanisms, deletes
language concerning the state leave sharing program. The measure adds another
component to the Carl Albert Public Internship Program by including a Senior
Undergraduate Internship Program consisting of job placement for up to 24
months. The bill also creates the Executive Development Program for cabinet
secretaries, agency directors, and senior-level executives within Oklahoma state agencies
for the purpose of enhancing leadership skills. Effective 7-1-09.
SB 857 (Ballenger/Jackson): Transfers certain software and training
responsibilities from the State Auditor’s Office to the OSU Center
for Local Government Technology. Effective 7-1-09.
SB 878 (Johnson
(Mike)/Miller): Authorizes the Attorney General to charge an examination fee
for the AG’s review of proceedings that lead to the issuance of revenue bonds
by state agencies, or the issuance of general or limited obligation bonds that
pledge the faith and credit of the state. The examination fee will be 0.03% of
the amount of bonds issued up to $5 million, 0.02% of the amount issued from $5
million to $50 million, and 0.01% of any amount issued in excess of $50
million. Effective 5-26-09.
HB 1032 (Murphey/Brogdon):
Creates the Oklahoma State Government
Modernization Act of 2009 which requires the Director of Central Purchasing to
provide to the Office of State Finance on a monthly basis, a complete listing
in electronic format of all transactions occurring with the aid of a state
purchase card. The list shall contain
the name of the purchaser and purchasing agency, amount of purchase, and all
available descriptions of items purchased.
Upon receipt of the list, OSF shall allow the public to access the list
in searchable format. This measure also
modifies the provisions of the Oklahoma Purchasing Act by raising the dollar
threshold for acquisitions by certified procurement officers, authorizes the
State Purchasing Director to renegotiate an existing contract for the purpose
of obtaining more favorable terms for the state, and by raising the limit on
the use of a state purchase card for certain transactions to $5,000.00. Effective 8-26-09.
HB 1121 (Miller/Johnson):
This measure allows the Scenic Rivers
Commission to expend existing funds for riparian and other work in the drainage
basin areas of scenic rivers. Effective
6-1-09.
HB 1170 (Coffee/Derby): Creates the Oklahoma Information Services
Act, including the following provisions:
·
Creates
the position of Chief Information Officer within the Office of State Finance,
appointed by the Governor (not later than 1-1-10) and possessing specified
qualifications. The CIO must complete an
assessment of the information technology and telecommunications systems of all
state agencies within 12 months of appointment, including those of the higher
education system and institutions, and must issue a report setting out a plan
of action. The CIO may employ and fix
the duties and compensation of personnel.
The CIO is responsible for formulation and implementation of the information
technology strategy for state agencies, oversight of the development and
operation of communications infrastructure, and various other duties relating
to information services. The action plan
must be implemented upon approval of the State Governmental Technology Applications
Review Board, although the plan for the Department of Human Services will not
be implemented until 7-1-11. As used in
the Information Services Act, the term “state agencies” includes all agencies
within the executive branch with the exception of higher education entities;
·
Changes
references to correspond with changes in Section 1;
·
Prohibits
agencies from using state funds for data processing or hiring data processing
personnel without written authorization;
·
Requires
a cabinet area relating to information technology and communications, with the
CIO to serve as cabinet secretary;
·
Provides
procedures for purchases of information and telecommunications products and services;
·
Recodifies
a section in Title 62 (public finance); and
·
Repeals
Section 41.5a-2 of Title 62, relating to the Task Force for the Study of Computer
Information Officers.
Effective date for
certain sections upon appointment of CIO.
HB 1294 (Murphy/Brogdon): This measure allows the board of directors of
a rural road improvement district to finance improvements on a pay-as-you-go
basis, provided that the district has no outstanding bonds or other indebtedness. Limits pay-as-you go improvements to the
actual cost of purchases and construction.
Also prohibits rural road improvement districts choosing to operate on a
pay-as-you-go basis from issuing bonds and other indebtedness until completing
the pay-as-you-go improvements. Effective
11-1-09.
HB 1296 (Wright/Ballenger): This measure exempts appointing authorities that
are governed by elected officials from having to meet the
cabinet-secretary-notice-approval requirement regarding the approval and
posting of reduction in force. Effective
11-1-09.
HB 1330 (Ritze/Brogdon): Creates the Ten Commandments Monument Display
Act, which authorizes the State Capitol Preservation Commission or designee to
erect a monument of the Ten Commandments on the State Capitol grounds. Effective 11-1-09.
HB 1334 (Denny/Bingman): This
measure allows state agencies maintaining state records pertaining to the bombing
of the Alfred P. Murrah Federal Building to transfer records to the Oklahoma
City National Memorial Foundation.
Private or confidential records may be transferred to the Foundation, provided
that the Foundation holds the records in accordance with an agreement to be
entered into with the State Records Administrator. Effective 4-14-09.
HB 1366 (Buck/Gumm): This measure directs the Oklahoma Historical
Society to mark the gravesites of all deceased former Oklahoma Governors. Effective 11-1-09.
HB 1676 (Ownbey/Coffee): Transfers the Criminal
Justice Resource
Center to the Oklahoma State
Bureau of Investigation and the Office of the Attorney General. Functions relating to administration and
research are transferred to the Office of Criminal Justice Statistics, created
within the Information Services Division of the OSBI, functions relating to
data processing and information technology are transferred to the Information
Technology Systems Division of the OSBI, and functions relating to the Domestic
Violence Fatality Review Board are transferred to the Office of the Attorney
General. Effective 8-26-09.
HB 2016 (Miller/Johnson):
This measure directs each state agency,
board, commission or other entity organized within the executive department of
state government to use the Trip Optimizer system of DCS when computing the
optimum method and cost for travel by state employees using a motor vehicle
owned or leased by the agency or employee.
The Trip Optimizer system shall not apply to persons who use their
personal vehicle as part of their regular duties and are reimbursed for travel
expenses by the agency. Effective
7-1-09.
Emergency
Management Funding
The Civil Emergency Management Administration
received an FY'10 appropriation in the amount of $788,329, a 2% decrease over
FY’09. Budget cuts were partially restored for the agency due to the size of
the agency and anticipated employee furloughs.
The Governor has indicated that he will provide approximately $10
million to the agency from his discretionary portion of the Fiscal
Stabilization Fund to help pay for preciously declared emergencies.
Merit Protection Commission Funding
The Merit Protection Commission received an
FY'10 appropriation in the amount of $613,684, which was equal to their FY’09 appropriation.
Budget cuts were restored for the agency due to the size of the agency and anticipated
employee furloughs.
SB 52 (Jolley/Ortega): Updates obsolete language in the Oklahoma
State Employees Benefits Act relating to Health Maintenance Organizations. Deletes language requiring the Oklahoma State
Employees Benefits Council to select and contract with providers to offer group
TRICARE Supplemental products. Effective
7-1-09.
SB 267 (Crain/Cox): Authorizes expenditures from earnings on the Tobacco
Settlement Endowment Trust Fund for capital expenditures and operating expenses
incurred by the University of Oklahoma Health Sciences Center and the Oklahoma
State University College of Osteopathic Medicine for educational programs and
residency training. Effective 11-1-09.
SB 346 (Crain/Ritze): Directs the State Department of Health to
maintain an advance directives registry accessible through the Department’s
website. Requires the registry to be
used to store advance directives pursuant to the Oklahoma Advance Directive
Act. Requires the registry to be
maintained in a secure database designed to provide access to each advance
directive filed in the database. Directs
the State Board of Health to promulgate rules to implement the advance
directives registry, regulate access and establish a fee for the initial
lodging of an advance directive in the registry. Requires the Department to maintain a website
of advance directive forms that may be downloaded. Specifies which forms shall be included on
the website. Directs the Board to
establish a fee for the submission of each Alternative Advance Directive
Form. Requires a disclaimer on the
website for Alternative Advance Directive Forms. Directs the Department to prepare a
disclosure statement to inform patients of the availability of advance
directive forms on the website and of the option of filing advance directives
in the Department’s registry. Effective
11-1-09.
SB 353 (Rice/Cox): Modifies the definition of public trust for
the purposes of the Governmental Tort Claims Act to include public trusts which
serve as teaching hospitals for medical residency programs and certain
corporations or limited liability companies in which all of the stock or
interest is owned by a public trust.
Changes the name of the Volunteer Medical Professional Services Immunity
Act to the Volunteer Professional Services Immunity Act. Expands the immunity from liability under the
act to include organizations that arrange for the care given by a volunteer
professional. Deletes language requiring
a signed written statement from a patient acknowledging the limitations on the
recovery of damages under the act.
Expands the definition of volunteer professional to include persons licensed
under the special volunteer license for retired physicians, physician
assistants, nurses and pharmacists.
Effective 7-1-09.
SB 487 (Paddack/Cox):
Authorizes Department of Health to enter into agreements with community
health care providers to render professional services without compensation, and
limits liability of such providers pursuant to the Governmental Tort Claims Act
while rendering such services. Effective
11-1-09.
SB 541 (Ellis/Dank): Modifies the fees associated with
applications for a long-term care facility certificate of need. Directs the State Department of Health to
refund the application fee if the application is not approved. Effective 4-28-09.
SB 546 (Halligan/Williams): Creates the Therapeutic Recreation Practice
Act. Prohibits the practice of
therapeutic recreation without a license.
Establishes the Therapeutic Recreation Committee to advise and assist
the State Board of Medical Licensure and Supervision on all matters pertaining
to the licensure of therapeutic recreation specialists and the practice of
therapeutic recreation. Specifies the powers
and duties of the Board under the act.
Sets minimum eligibility requirements for licensure. Provides for initial licenses and renewals. Provides for the use of abbreviations and
titles associated with licensed therapeutic recreation specialists. Requires therapeutic recreation referrals
from physicians. Prohibits freestanding
clinics. Permits licensed therapeutic recreation
specialists to refuse to delegate or perform certain activities in order to
ensure client safety. Provides for
licenses without examinations and temporary licenses. Prohibits persons from advertising himself or
herself as a therapeutic recreation specialist without a license. Provides penalties for violations of this
act. Effective 11-1-09.
SB 572 (Crain/Peters): Prohibits county boards of health from
adopting public health regulations that are more stringent than state law. Prohibits governing boards of cities and
boards of county commissioners with city-county health departments from
adopting public health ordinances related to food and drink establishments
which are more stringent than state law. Effective 11-1-09.
SB 580 (Burrage/Cox): Permits long-term care pharmacies to maintain
controlled dangerous substances in emergency electronic medication kits at
long-term care facilities. Limits use of
such controlled dangerous substances to the emergency medication needs of residents
at a facility. Directs the State Board
of Pharmacy to promulgate rules relating to emergency medication kits. Effective 11-1-09.
SB 597 (Gumm/Carey): Permits persons in need of emergency mental
health or substance abuse services to be transported to a facility in another
state if the nearest in-state facility is more than 50 miles away and if the
out-of-state facility meets the specified requirements. Effective 11-1-09.
SB 622 (Coffee/Cox):
Updates the Uniform Anatomical Gift Act to establish requirements and
procedures related to organ donation, including, but not limited to, provisions
related to documents of gift, donor registries, powers of attorney, health care
directives, and cooperation and coordination between procurement organizations
and coroners and medical examiners.
Effective 11-1-09.
SB 661 (Paddack/Cox): Directs the State Commissioner of Health to
develop grant programs in order to administer the National Hospital
Preparedness Program. Exempts the
awarding of grants from the requirements of the Oklahoma Central Purchasing
Act. Directs the Commissioner to develop
a process for awarding grants to programs.
Effective 11-1-09.
SB 677 (Paddack/Cox): Adds employees from the State Department of
Health to the list of persons who may charge for meals and lodging when
performing duties out of town related to the preservation of public
health. Effective 4-21-09.
SB 757 (Burrage/Steele): Creates the Health Information Infrastructure
Advisory Board to advise the Oklahoma Health Care Authority in developing a
strategy for the adoption and use of health information technology. Requires the Oklahoma Health Care Authority
to operate as a hub for health information exchange between health-related
state agencies and other health information organizations. Provides for membership of the advisory
board. Authorizes city-county health
departments to provide information and data relating to the condition and
treatment of individuals for the purpose of reducing morbidity and
mortality. Effective 11-1-09.
SB 810 (Nichols/Terrill): Creates the Oklahoma Sleep Diagnostic Testing Regulation
Act. Requires sleep diagnostic tests to
be ordered by a physician, physician assistant or advance practice nurse. Sets minimum requirements for sleep diagnostic
testing facilities. Makes it unlawful
for a facility or person to perform sleep diagnostic tests without complying
with this act. Authorizes the State Department
of Health to enforce the provisions of this act. Effective 8-26-09.
SB 894 (Coffee/Miller): Requires health care professionals treating
adult victims of sexual assault to report the incident only if requested by the
victim. Directs health care professionals
to document the incident and treatment provided to all sexual assault victims
and refer the victims to victim services programs. Requires such health care professionals to provide
copies of the results of a sexual assault examination to law enforcement when requested
as part of an investigation. Effective
11-1-09.
SB 964 (Paddack/Cox): Modifies membership of the advisory committee
on school vision screenings within the State Department of Health. Directs the advisory committee to make
recommendations to the State Department of Health on standards and
qualifications related to school vision screenings and provide to the
Department lists of qualified vision screeners, vision screener trainers and
trainers of vision screener trainers.
Directs the Department to maintain a statewide registry of vision
screeners and a list of vision screener trainers and trainers of vision
screener trainers. Authorizes the Department
to deny, refuse, suspend, or revoke approval of applicants. Permits the advisory committee to make recommendations
to the Board establishing a requirement for background checks. Directs the Board to promulgate rules to implement
these provisions. Effective 7-1-09.
SB 994 (Sparks/Sullivan):
Creates an exception to confidentiality between a patient’s physician
for communications that are otherwise permitted by state or federal privacy law
to be disclosed. Effective 11-1-09.
SB 1013 (Newberry/Sullivan):
Makes a person who steals, embezzles or copies without authority certain
business records and customer lists guilty of larceny. Effective 11-1-09.
SB 1129 (Anderson/Cox): Creates the Uniform Emergency Volunteer
Health Practitioners Act to regulate registered volunteer health practitioners
who provide services for a host entity while an emergency declaration is in
effect. Permits the State Department of
Health to regulate volunteer health practitioners during an emergency. Requires a host entity to coordinate with the
Department and comply with state laws.
Specifies minimum criteria to qualify as a volunteer health practitioner
registration system. Requires
confirmation on whether persons are registered during an emergency. Permits registered volunteer health practitioners
to practice in the state during an emergency.
Requires volunteer health practitioners to adhere to the state’s scope
of practice laws. Permits the Department
or host entity to modify the services that a volunteer may provide. Authorizes state licensing boards to impose
administrative sanctions on volunteer health practitioners. States that the act does not limit the
rights, privileges or immunities provided to volunteer health practitioners by
other laws. Permits the Department to
incorporate volunteer health practitioners into the emergency forces of the
state. Authorizes the State Board of
Health to promulgate rules to implement the act. Requires consideration of uniformity among
states when applying the act. Removes
the authority granted to the Governor to regulate health manpower during a
disaster declaration. Exempts certain volunteer
health practitioners from the license waiver for emergency management
workers. Effective 11-1-09.
SB 1178 (Nichols/Terrill): Directs the secretary of the State Board of
Medical Licensure and Supervision to preserve a record of physicians applying
for reinstatement of license. Modifies
annual date by which the Board’s records must be transferred to the Secretary
of State for permanent record. Effective
11-1-09.
SB 1179 (Marlatt/Armes): Modifies license application fees for the
Board of Chiropractic Examiners.
Effective 11-1-09.
SB 1181 (Jolley/Cox): Modifies and adds various terms in the
Oklahoma Pharmacy Act. Clarifies and
updates language throughout the act.
Requires the Executive Director of the State Board of Pharmacy to be a
licensed pharmacist. Changes the term
“registration” or “registered” to “licensing”, “licensure” or “licensed” as
appropriate throughout the act. Grants
pharmacist compliance officers certain authority. Requires certain minimum standards for
hospital drug rooms. Modifies and adds
to the powers and duties of the State Board of Pharmacy. Modifies various requirements for licensure
by the State Board of Pharmacy.
Increases fees. Modifies duties required
of and authority granted to assistant pharmacists. Modifies procedures related to the renewal of
licenses. Deletes requirement of the
Board of Examiners in Optometry to provide an annual list of all certified
optometrists to licensed pharmacies.
Makes it unlawful to impersonate a pharmacist. Expands scope of licensure requirements to
online pharmacies. Prohibits suspicious
prescription drug returns. Makes certain
acts by persons or business entities unlawful.
Modifies penalties that may be administered by the State Board of
Pharmacy. Modifies the procedures
related to information obtained from investigations. Modifies procedures related to
complaints. Deletes requirement related
to pharmacists administering both immunization and therapeutic injections. Repeals definitions that are no longer
needed. Effective 11-1-09.
HB 1059 (Nations/Nichols): Permits multiple dentists to use a trade name
in connection with the practice of dentistry.
Deletes language requiring an advertisement in which the trade name
appears to include the name of the dentist providing the dental services. Requires an electronic form of the
advertising be kept. Directs the Board
of Dentistry to promulgate rules regulating advertisements. Expands the special volunteer license for
retired dentists to include out-of-state dentists and out-of-state or retired
dental hygienists. Makes dentists or
dental hygienists ineligible for the special volunteer license if their license
has been suspended or revoked in any other state. Grants the Board of Dentistry jurisdiction
over dentists, dental hygienists and other dental professionals who volunteer
their services. Requires volunteer
dental assistants and dental technicians to work under the direct supervision
of a dentist. Exempts volunteer dental
assistants and dental technicians from the requirement to obtain a volunteer
license and grants the Board certain authority over these persons. Prohibits the use of sedation or anesthesia
by volunteers. Authorizes the Board to
revoke a volunteer license for failure to participate according to state laws
or administrative rules. Effective
11-1-09.
HB 1065 (Faught/Crain): Directs the State Board of Health to
promulgate rules providing for the development of a consumer guide to be posted
on the Department’s website to assist individuals with understanding the
services provided by assisted living centers.
Directs the Board to promulgate rules providing for the posting on the
Department’s website the results of routine inspections and complaint investigations
for each assisted living center. Effective
11-1-09.
HB 1067 (Faught/Crain): Requires that initial assessments on
individuals in protective mental health custody include a screening and assessment
process designed to identify possible alcohol or drug abuse or dependency. Effective 11-1-09.
HB 1069 (Tibbs/Paddack): Delays from 2010 until 2012 the requirement
that applicants for a license to practice as an alcohol and drug counselor
possess a master’s degree. Requires the
State Commissioner of Health to provide an opportunity for a licensed
professional counselor, a marriage and family therapist, or a licensed
behavioral practitioner to contest a determination that such person is unfit to
practice because of a felony conviction.
Effective 11-1-09.
HB 1114 (Peterson/Lamb): Makes it a misdemeanor for any person or
entity to perform or attempt to perform human cloning, to transfer or receive
the product of human cloning, or import the product of human cloning. Effective 11-1-09.
HB 1481 (Kern/Paddack): Expands the special volunteer license for
retired physicians to also apply to eligible retired volunteer physician assistants,
nurses and pharmacists. Changes the
Volunteer Medical Professional Services Immunity Act to the Volunteer
Professional Services Immunity Act.
Expands the definition of volunteer professionals to include persons licensed
under the special volunteer license for retired physicians, physician assistants,
nurses and pharmacists. Effective
11-1-09.
HB 1569 (Schwartz/Crain): Specifies labels and titles permissible under
the Podiatric, Chiropractic, Dental, Allopathic, Optometry, Osteopathic,
Psychology, and Speech-Language Pathology and Audiology Acts. Requires advertisements for health care
services naming a provider to identify the type of license or indicate the
branch of healing arts. Makes it
unlawful for certain health care providers to deceive the public regarding the
license under which the person is authorized to practice. Provides for penalties for persons who
violate the provisions regarding labels and titles. Adds stroke prevention and treatment through
electronic communication to the definition of the practice of medicine. Adds stroke prevention and treatment through
electronic communication by an osteopathic physician for a patient being
treated in the state to the list of services which require a license under the
Oklahoma Osteopathic Medicine Act.
Amends the definition of telemedicine to include the treatment and
prevention of strokes by means of electronic communication. Effective 11-1-09.
HB 1595 (Sullivan/Lamb): Prohibits a person from performing an
abortion with knowledge that the pregnant female is seeking the abortion on
account of the unborn child’s sex. Provides
for liability, injunctive relief and civil actions and provides for the
suspension or revocation of a health care provider’s license. Creates the Statistical Reporting of Abortion
Act. Directs the State Department of
Health to make available on its website an Individual Abortion Form and a form
for a Complications of Induced Abortion Report.
Directs the Department to post all statutes and regulations relating to
abortion on its website and provide the means by which physicians may electronically
submit the reports. Requires physicians
to complete and submit an Individual Abortion Form to the Department for each
abortion the physician performs.
Requires the Department to post the form without patient-identifying information
on its website. Specifies content of the
Individual Abortion Form. Directs the Department
to make available on its website a Complications of Induced Abortion
Report. Requires physicians who
encounter an illness or injury that is related to an induced abortion to
complete and submit the form to the Department.
Specifies the content of the Complications of Induced Abortion Report Form. Directs the Department to annually issue on
its website a public Annual Abortion Report providing statistics compiled from
submitted reports. Requires the
Department to post a public Annual Judicial Bypass of Abortion Parental Consent
Summary Report on its website. Prohibits
public reports from containing patient-identifying information. Requires notification to physicians of the
Statistical Reporting of Abortion Act.
Subjects late reports to a fee and prohibits the renewal of physicians’
licenses until late forms are submitted.
Makes anyone who knowingly or recklessly fails to submit forms guilty of
a misdemeanor. Permits an action to be
initiated if the Department fails to issue required public reports. Authorizes the Legislature to appoint one or
more of its members to intervene as a matter of right in any case in which the
constitutionality of the law is challenged.
States that if the act is ever restrained or enjoined or if part of the
act is found to be unconstitutional, certain provisions shall remain
effective. Repeals current law requiring
abortion reporting forms. Effective
11-1-09.
HB 1616 (Sullivan/Crain): Permits a medically unstable person who is
being transported for emergency mental health or substance abuse treatment to
be transported to a medical facility.
Permits a treating physician to authorize that the person be detained
until the person is medically stable.
Directs the physician to authorize detention of the patient for
transportation if the physician determines that the person is medically stable
and still requires emergency mental health or substance abuse treatment. Effective 11-1-09.
HB 1729 (Cox/Crain): Modifies language to make the pilot
alternative informal dispute resolution program for nursing homes permanent. Deletes language providing for the pilot
program. Effective 11-1-09.
HB 1736 (Peters/Ford): Adds definitions under the Home Care
Act. Prohibits home care agencies from
placing an individual as a supportive home assistant unless the individual has
completed agency-based training and has demonstrated competence through
testing. Directs the State Department of
Health to set forth requirements related to application, approval, renewal and
denial of testing entities. Requires
home care agencies to develop written training plans. Requires supervisory visits on supportive
home assistants and prohibits supportive home assistants from providing
services until specified background checks have been conducted and
approved. Prohibits home care agencies
from employing supportive home assistants listed on the Department of Human
Services Community Services Worker Registry.
Effective 11-1-09.
HB 1897 (Cox/Ford): Excludes podiatrists licensed in another
state who are training with a podiatrist licensed in this state for a limited
period of time from the Podiatric Medicine Practice Act. Adds stroke prevention and treatment through
electronic communication to the definition of the practice of medicine and
surgery. Creates the Allied Professional
Peer Assistance Program under the State Board of Medical Licensure and
Supervision to rehabilitate allied medical professionals who have abused drugs
or alcohol. Provides for peer assistance
evaluation advisory committees. Permits
the Board to appoint persons to serve as program coordinators. Authorizes the Board to adopt rules as
necessary to implement the program. Designates
a portion of licensing fees for each allied profession for the program. Provides for the maintenance and
confidentiality of program records.
Grants immunity to persons making a report regarding a professional
suspected of practicing while impaired.
Provides for disciplinary actions related to program participants. Makes program treatment information confidential. Modifies education requirement for foreign applicants
seeking licensure to practice medicine and surgery. Authorizes the Board of Medical Licensure and
Supervision to issue circumscribed and temporary licenses to any of the
professions under the jurisdiction of the Board. Permits the Executive Director of the Board
to suspend a person’s license to practice medicine and surgery immediately upon
hearing that a licensee is in violation of a Board-ordered probation. Designates as unprofessional conduct a
physician’s failure to provide a proper medical facility. Requires a “letter of concern” issued by the
Board to be confidential. Makes all
disciplinary actions specified for physicians applicable to all licensees under
the Board’s jurisdiction. Authorizes the
issuance of temporary licenses to practice orthotics and prosthetics. Effective 7-1-09.
HB 2026 (Steele/Crain): Creates the Health Care for Oklahomans
Act. Directs the Insurance Commissioner
to aid the Health Care for the Uninsured Board (HUB) and promulgate applicable
rules. Requires the State Board of
Health to direct the implementation of the duties of the HUB. Directs the Insurance Commissioner to
establish a system of certification for insurance programs to be recommended by
the HUB, establish a system of counseling for individuals who are without
health insurance, and establish a system whereby a person eligible for the
state premium assistance program can become enrolled through the HUB. Directs the Insurance Commissioner to
initiate a program to encourage enrollment of individuals not covered by
insurance or Medicaid in health insurance programs. Requires health care providers to refer
uninsured individuals to the HUB.
Permits health carriers to offer insurance policies that do not provide
most state-mandated health benefits to individuals under 40. Requires such health benefit plans to disclose
that the plans do not cover most state-mandated health benefits and requires applicants
to sign the disclosure. Requires
insurers that offer such health benefits plans to offer at least one policy
with state-mandated health benefits.
Authorizes the Oklahoma Health Care Authority to create an option to purchase
a high-deductible health insurance plan as part of the premium assistance program. Effective 11-1-09.
Between March 2009 and December 2010, Oklahoma is expected to receive $671 million in federal
stimulus dollars (ARRA Funds) for Oklahoma’s
Medicaid program. These anticipated
dollars will be distributed to Oklahoma
agencies that provide Medicaid-related services. This includes the Oklahoma Health Care Authority,
the Department of Human Services, the University Hospitals Authority, the State
Department of Health, the Department of Mental Health and Substance Abuses
Services, and the J.D.
McCarty Center. The stimulus funds come from Oklahoma’s FMAP
percentage being adjusted back to the FY’08 percentage (Hold Harmless
provision) and a 6.2% increase until December 2010. In order to receive the stimulus funds, Oklahoma is prohibited
from reducing eligibility in the Medicaid program. If eligibility is reduced during this time,
the stimulus funds would be in jeopardy.
Health Care Authority Funding
The Oklahoma Health Care Authority (OHCA),
charged with administering the state's Medicaid program, received $979,796,994. This is a 16.3 percent increase over the
agency's FY'09 appropriation. The
appropriation for FY’10 was $663,336,492 in State Funds and $316,460,502 in
ARRA funds from the increased FMAP reimbursement rate.
Major funding items include:
·
$41
million for FMAP annualization;
·
$23
million for growth in enrollment/ utilization.
The agency historically trends a 9 percent to 10 percent annual
growth/utilization rate. This budget includes
money for a growth/utilization rate of 2 percent;
·
$2.5
million for Medicare Part D;
·
$1.9
million for Federal FY’10 Medicare A
& B premiums; and
·
$108
million to replace one-time funding from OHCA’s O-EPIC fund.
The appropriation for the Department of Health
will be $74,360,930. This is 0.5 percent
less than the agency received in FY’09. The
Department’s appropriation was $73,030,278 in State funds and $1,330,652 in
ARRA funds. The Department’s budget includes
$2.5 million for reimbursement to Federally Qualified Health Centers (FQHC) for
uncompensated care. The $2.5 million
will go into the uncompensated care formula to be dispersed based on each FQHC
amount of uncompensated care delivered.
$2.225 million was also appropriated to the Department for operations. The Department also received $125,000 to
increase the number of dentists in the Dental Loan Repayment Program. These new funds will allow another five
dentists to join the program. The
program is in its fourth year, with a total of $500,000 going to help dentists
repay their loans. The program requires
that dentists in the program have at least 30% of their business be Medicaid patients.
Mental Health and Substance
Abuse Services Funding
The appropriation for the Department of Mental
Health and Substance Abuse Services will be $203,275,222 for FY’10. This is a 2% reduction from last year’s
budget. DMHSAS received $199,529,080 in
State funds and $3,746,142 in ARRA funds.
$150,000 was appropriated for the Thunderbird Clubhouse in Norman.
J.D. McCarty Center Funding
The J.D.
McCarty Center
for Children with Developmental Disabilities received a standstill budget for
FY’10 ($4,452,961). Within their
appropriation, the Center received $363,572 in ARRA funds.
University Hospitals Funding
The University Hospitals was appropriated
$43,493,342 for FY’10. This is a 0.6
percent increase. UHA was appropriated
$33,176,659 in State funds and $10,316,683 in ARRA funds. UHA was appropriated $243,000 for primary
care provider evaluation training for providers in the Sooner SUCCESS program
to acquire skills necessary to evaluate children with autism spectrum disorders
(SB 135).
SB 292 (Anderson/Peters): Deletes and repeals language requiring that
benefits for children born to a Temporary Assistance for Needy Families (TANF)
recipient be in the form of a voucher rather than additional cash assistance. Effective 11-1-09.
SB 337 (Adelson/Lamons): Requires the sale of the Laura Dester Shelter
in Tulsa to be
consistent with the Pearl District neighborhood revitalization plan and the Sixth
Street Infill Plan as adopted by the Tulsa City Council. Effective 11-1-09.
SB 478 (Jolley/Peters): Clarifies language specifying that mandatory
child care facility liability insurance policies cover injuries due to
negligence. Requires child care
facilities to make forms proving the facility is in compliance available to the
Department of Human Services upon request.
Modifies notification requirements when a facility does not maintain a
child care facility liability policy.
Modifies penalties for noncompliance.
Provides for exceptions to the notification requirements. Authorizes the Commission for Human Services
to promulgate rules requiring liability insurance for certain child care
facilities. Effective 5-8-09.
SB 595 (Anderson/Johnson): Creates the Juvenile Justice Public Works
Act. Directs the Office of Juvenile Affairs
to establish and maintain the Juvenile Justice Public Works Program to provide
labor for community service projects, improve public lands and reduce
recidivism for juvenile or youthful offenders.
Prohibits the assignment of juvenile or youthful offenders to the
program who are deemed to be a threat to public safety or who have attempted to
escape from an institution. Requires the
Board of Juvenile Affairs to promulgate rules to implement the program. Clarifies that the act does not restore the
civil rights of juvenile or youthful offenders.
Grants immunity to entities which participate in the program. Requires the Office of Juvenile Affairs to
certify all secure facilities for juveniles.
Makes it a felony for juveniles to bring certain items into a secure
facility, including dangerous instruments, controlled dangerous substances,
intoxicating beverages, cellular phones or money. Makes it a misdemeanor for juveniles to bring
tobacco products into a secure facility.
Effective 11-1-09.
SB 730 (Laster/Steele): Provides an exception to the law prohibiting
the placement of certain delinquent children or youthful offenders in homes
with firearms if the delinquent child or youthful offender is placed in a home
with a full-time CLEET certified peace officer.
Effective 11-1-09.
SB 794 (Jolley/Murphey): Requires the Department of Human Services to
include statistics on adoption dissolutions whenever the Department publishes
statistics on successful adoptions.
Effective 11-1-09.
SB 987 (Crutchfield/Ownbey): Increases from $7,500 to $10,000 the amount of
certain insurance policies that can be excluded from the determination of
income for purposes of determining eligibility for certain assistance from the
Department of Human Services. Effective
11-1-09.
HB 1742 (Peters/Anderson): Adds and modifies various definitions in the
Oklahoma Child Care Facilities Licensing Act.
Modifies exemptions to the Oklahoma Child Care Facilities Licensing
Act. Deletes language requiring certain
rules related to residential child care facilities. Deletes language permitting foster family
homes and group homes supervised by a child care facility to be operated under
permits issued by the child care facility.
Modifies provisions related to records searches on persons seeking
permits or licenses under the Oklahoma Child Care Facilities Licensing
Act. Deletes language permitting the
issuance of a provisional license to child care facilities. Deletes language requiring the Department of
Human Services to develop a web-based assessment tool for the public to evaluate
child care facility compliance. Repeals
a requirement directing the Department to make an annual report to the Governor. Repeals various Department requirements
related to child care and child care assistance benefits. Effective 5-21-09.
HB 1893 (Peterson/Anderson): Authorizes the Aging Services Division of the
Department of Human Services to collaborate with other entities to implement an
Aging and Disability Resource Consortium initiative, a single-point-of-entry
concept for aging and disability groups.
Designates the Aging Services Division as the lead agency and directs
the Division to coordinate with the disability and aging network. Authorizes the Division to pursue
grants. Directs the initiative to streamline
services and assist individuals in making informed decisions about service and
support options. Effective 11-1-09.
HB 2029 (Steele/Coates): Reclassifies, updates, reforms, renumbers and
recodifies the laws related to children and juveniles as recommended by the
Oklahoma Children and Juvenile Law Reform Committee. Effective 5-21-09.
HB 2032 (Steele/Justice): Clarifies that it is the responsibility of
the Office of Juvenile System Oversight within the Oklahoma Commission on
Children and Youth to perform issue-specific systemic monitoring of the
children and youth service system as directed by the Commission. Limits the number of unannounced inspections
conducted by the Office of state-operated children’s facilities to two per
year. Clarifies that the Office may
interview the residents of a facility for the purpose of systemic oversight and
complaint investigations. Effective
11-1-09.
Department of Human
Services Funding
The Department of Human Services (DHS) was
appropriated $550,712,113 for FY'10.
This amount represents an $8.3 million decrease from the FY'09
appropriation. DHS was appropriated $478,356,473 in State Funds and $71,355,640
in ARRA Funds. Within DHS’s
appropriation, $300,000 was appropriated for construction at the Northern Oklahoma
Resource Center
in Enid. $1.15 million was appropriated to implement
the provisions of the performance audit.
Finally, DHS is required to fund in its entirety the Advantage Waiver Program
for FY’10.
Commission on Children
and Youth Funding
The Oklahoma Commission on Children and Youth
(OCCY) was appropriated $2,480,232 for FY'10.
This amount represents a 4.9 percent decrease from the FY’09
appropriation. Additional funding was
used ($100,000) to reduce the Commission’s cut from 7 percent, which is what
most agencies received, to the 4.9 percent cut the Commission received for
FY’10.
Office of Disability
Concerns Funding
The Office of Disability Concerns (ODC) was
another agency that took less than a 7 percent cut for FY’10. ODC was appropriated $392,769, which is a 4.8
percent decrease from FY’09. Within its
appropriation, $16,117 was used to lessen the cut for FY’10.
Rehabilitation Services Funding
The Department of Rehabilitation Services
(DRS) was appropriated $30,453,770 for FY'10, representing a 1.3 percent increase
from the FY'09 appropriation. DRS did
not take a cut for FY’10 based on the fact that most of DRS’s funding is
matched by the federal government at a 4 to 1 ratio. DRS was appropriated an additional $400,000
to enter into lease-purchase agreements to help renovate and repair the two
state schools, the School for the Deaf in Sulphur
and the School for the Blind in Muskogee.
SB 533 (Aldridge/Sullivan): Modifies the uninsured motorist
selection/rejection process by only requiring the form to be signed once during
the lifetime of the policy. Effective
11-1-09.
SB 553 (Justice/Osborn): Extends the period of time insurance coverage
is in effect for a terminated employee from 30 to 63 days and allows premiums
to be charged for this period. Specifies
that insurance coverage may continue for up to four months in the case of an employee
who is involuntarily terminated from employment. Specifies that this provision is only
applicable until a premium subsidy is available pursuant to the American
Recovery and Reinvestment Act of 2009.
Modifies the definition of “federally defined eligible individual” for
purposes of the Health Insurance High Risk Pool Act to include a person who has
exhausted Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage. Specifies that eligibility for the High Risk
Pool shall not be denied to a person who has exhausted COBRA coverage. Requires such person to apply for coverage
under any of the Pool plans within 63 days after exhausting such COBRA coverage
in order to have a preexisting condition covered. Effective 5-18-09.
SB 700 (Brown/Sullivan): Modifies the definition of “owner’s policy”
for purposes of compulsory liability insurance by specifying that in the case of a commercial automobile
insurance policy an owner’s policy may be issued by an unauthorized (surplus
lines) insurer. Effective 11-1-09.
SB 822 (Branan/Hickman): Creates the Task Force on the Review of
Health Insurance Mandates to review and evaluate the mandatory health insurance
mandates that are currently provided for by law. Effective 8-26-09.
SB 920 (Sparks/McDaniel (Randy)): Modifies various provisions in the Service
Warranty Insurance Act including modifying the definition of “sales
representative”, eliminating the requirement that entities that sell service warranty
contracts must be registered by the Insurance Department and modifying the administrative
fee charged service warranty associations by providing for a percentage based
fee and providing for an option to pay a flat fee. Effective 7-1-09.
SB 1022 (Brown/Sullivan): Provides for the annual omnibus bill for the
Oklahoma Insurance Department:
·
Expands
the scope of examinations the Oklahoma Insurance Commissioner may conduct to
include a financial and market conduct examination.
·
Requires
any insurer to file with the Oklahoma Insurance Commissioner an annual market
conduct statement.
·
Creates
the Oklahoma
Annual Financial Report Act.
·
Allows
certain domestic insurers possessing a policyholder surplus in excess of $15 million
to be designated as a Domestic Surplus Line Insurer.
·
Establishes
an administrative fee of $50 for certain licensees who fail to notify the Insurance
Commissioner of a change in legal name within 30 days of such change.
·
Increases
continuing education requirement for insurance producers from 14 to 21 hours
with at least 3 of those hours being related to ethics.
·
Allows
for issuance of apprentice adjuster licenses.
·
Provides
that adjuster licenses shall not be valid for longer than 24 months. Increases continuing education requirement of
licensees applying for renewal of adjuster license.
·
Requires
captive insurance and reinsurance companies licensed to operate in Oklahoma to submit
financial reports using Statutory Accounting Principles.
·
Creates
the Medical Professional Liability Insurance Closed Claim Reports Act.
Effective 11-1-09.
SB 1231 (Jolley/Martin (Scott)): Modifies various provisions relating to
prepaid funeral services and funeral service merchandise including denying the
issuance of a permit by the Insurance Commissioner under certain circumstances,
providing procedures for the transfer of a permit to another organization,
requiring all price lists reflecting the actual retail cost of funeral services
and merchandise to be retained for at least three years and directing the
Insurance Commissioner to prescribe rules relating to the conversion of contracts. Authorizes the Insurance Commissioner to
solicit and accept the use of any grant made to the Insurance Department as
long as the terms of the grant are carried out and the funds are held in
trust. Effective 7-1-09 for Section 10/
11-1-09 for Sections 1 through 9.
HB 1055 (Cox/Brown): Specifies that failure to pay or to request a
refund of a payment for health care services preauthorized or precertified by
the insurer in certain circumstances is an unfair claim settlement
practice. Provides exception. Requires the Insurance Commissioner to
develop an affidavit to be presented to patients by health care providers prior
to rendering nonemergency services. Specifies that such affidavit shall be
designed to seek information from the patient to further determine the eligibility
of the patient for benefits under the patient’s insurance policy. Creates the
State Employee Health Insurance Review Working Group. Effective date 7-1-10 for Sections 1 and 2/
11-1-09 for Section 3/ 5-27-09 for Section 4.
Intoxicating Liquor, Smoking & Tobacco Laws Measures
SB 1146
(Jolley/Jackson): Relates to the
Low-Point Beer Distribution Act. The bill adds to and modifies definitions and
makes an exemption from the Act for certain manufacturers. The bill prohibits
the termination of certain agreements between certain manufacturers and
wholesalers unless certain conditions are met and with certain exceptions. It
provides procedures for the transfer by purchase or otherwise of low-point beer
from a manufacturer to a successor manufacturer. Recovery of damages is
provided for, dispute resolution and voluntary good-faith settlements are authorized,
states that an existing wholesaler or a successor wholesaler shall not have any
right to compensation if agreements with such wholesalers are terminated by a
successor manufacturer pursuant to provisions of the Act, prohibits a
manufacturer from requiring any wholesaler to waive compliance with certain
provisions and provides that the provisions of the act shall apply only to
certain agreements, renewals, extensions, amendments or conduct constituting a
modification of an agreement by a manufacturer after May 8, 2009. Effective 5-8-09.
HB 1604
(Sullivan/Bingman): Modifies provisions
relating to what a wholesaler license shall authorize the holder to do.
Authorizes the licensee to purchase wines from winemakers in this state, to
sell spirits and wines received and unloaded at the warehouse of the wholesaler
before such sale and to sell such wine and spirits to licensed wholesalers to
the extent described in the bill. Effective
11-1-09.
Judiciary/Courts Measures
SB 339 (Anderson/Peters): Modifies various provisions related to child
placement and foster care; including requiring a court to make determinations
related to placement of siblings in emergency custody hearings; requiring a
court to order the parent, legal guardian, or custodian to complete an affidavit
listing the names, addresses and phone numbers of any parent, whether known or
alleged, grandparent, adult aunt, uncle, brother, sister, half-sibling and first
cousin of the child and any comments concerning the appropriateness of the
child’s potential placement with such relative; and requiring individual treatment
plans to include a plan for ensuring the educational stability of a child while
in out-of-home placement. Effective
5-11-09.
SB 349 (Myers/Richardson):
Requires a remediation notice filed pursuant to the Oklahoma Hazardous
Waste Management Act in the land records of the county in which the site is located
to run with land. Effective 7-1-09.
SB 401 (Crain/Sullivan):
Removes disqualification of deputy sheriffs for practicing law in this
state. Effective 11-1-09.
SB 411 (Jolley/Nelson):
Adds the Executive Director of the Office of Juvenile Affairs to the
membership of the Domestic Violence Fatality Review Board. Effective 11-1-09.
SB 611 (Anderson/Duncan):
Authorizes use of an out-of-state laboratory for DNA analysis if
requested by a forensic laboratory operated by this state; and allows certain
interlocutory appeals and provides priority for such appeals. Effective 11-1-09.
SB 612 (Anderson/Duncan):
Requires a defendant who intends to raise the issue of mental illness or
insanity to file notice with the court no later than 30 days after formal arraignment;
and modifies requirements for compensation of mental health professionals in
such cases where a defendant is financially unable to obtain the services of
such professionals. Effective 11-1-09.
SB 613 (Anderson/Duncan):
Prohibits a court from imposing a deferred sentence after another sentence
has been imposed or probation revoked; modifies eligibility requirement for the
Delayed Sentencing Program for Young Adults; and authorizes law enforcement officials
who investigated a crime to witness execution.
Effective 11-1-09.
SB 659 (Justice/Steele):
Grants immunity from civil liability to a post adjudication review board
member or a post adjudication review advisory board or post adjudication review
board coordinator participating in a judicial proceeding; allows certain
persons to attend executive sessions or hearings of post adjudication review
boards; and authorizes creation of temporary ad hoc review boards. Effective 11-1-09.
SB 672 (Crain/Sullivan):
Requires an appeal of a decision of the district court in a civil action
related to a person’s incarceration or supervision while in the custody of the
Department of Corrections, a county or municipal jail, or a private prison,
adverse to a municipal, county or state employee or a person employed by a
private prison, to be appealed directly to the appropriate appellate court
without further motions. Effective
11-1-09.
SB 699 (Crain/Cox):
Removes limitation on reduction of certain proceeds awarded in an action
brought under the Oklahoma Medicaid False Claims Act. Effective 11-1-09.
SB 745 (Jolley/Sullivan):
Expands eligibility for immunity from liability related to the use of
automated external defibrillators.
Effective 11-1-09.
SB 887 (Anderson/Carey):
Creates the Uniform Foreign-Country Money Judgments Recognition Act to
provide uniform procedures for recognition of foreign country judgments in a
state court, after which the judgment may be enforced as if it is a judgment of
another state of the United
States.
Effective 11-1-09.
SB 1029 (Russell/Nelson):
Requires a written full-disclosure statement in all direct-placement
adoptions in this state to be attached to the petition for adoption filed with
a court. Such statement shall include, but not be limited to, information
related to statutes addressing child trafficking and adoption-related costs and
expenses, the scope of services provided by the attorney and any fees charged,
and a statement that describes customary risks associated with adoptions.
Modifies preplacement home study requirements if a minor has been residing with
a birth parent’s spouse for at least one year as of the date of the filing of
the adoption petition. Some provisions
effective 11-1-09, some provisions effective 7-1-09.
SB 1075 (Crain/Sullivan):
Modifies requirements for review of certain offenders for drug court
programs and prohibits counting offenders who have not fully paid all costs and
fees but who have otherwise successfully completed the drug court program as a
participant for purposes of drug court contracts or program participant
numbers. Effective 11-1-09.
SB 1103 (Coffee/Thompson):
Creates the Use of Force for the Protection of the Unborn Act to create
an affirmative defense to criminal liability for a pregnant woman who uses
force or deadly force to protect herself or her unborn child against the
unlawful force or unlawful deadly force she reasonably believes to be threatening
her unborn child. Effective 11-1-09.
SB 1115 (Sykes/McCullough):
Prohibits local rules and administrative orders of a district court from
conflicting with any statutes of this state or rules of a superior court, and
requires local rules to be in writing and published on OSCN to be valid and
enforceable. Effective 11-1-09.
SB 1126 (Jolley/Nelson):
Modifies requirements related to probation and payment plans for a
person whose licenses have been revoked or suspended for failure to pay child
support. Effective 11-1-09.
SB 1134 (Jolley/Duncan):
Establishes an exemption from jury duty for a member of the Armed Forces
of the United States who is serving on active duty during a time of war or declared
hostilities. Effective 11-1-09.
SJR 11 (Brogdon/Dank):
Rescinds applications by the Legislature to the United States Congress
to call a constitutional convention.
HB 1035 (Jordan/Newberry):
Modifies the provision in the Uniform Arbitration Act that relates to a
record of an award by deleting the requirement that an arbitrator support his
or her final decision on the merits of a case by rendering findings of fact and
conclusions of law. Effective
11-1-09.
HB 1413 (Nelson/Sparks):
Establishes a 5-year statute of limitation for prosecution of the crimes
of false personation or identity theft; and extends the deferred prosecution
period for purposes of the Restitution and Diversion Program from 2 to 3
years. Effective 11-1-09.
HB 1460 (Peterson/Anderson):
Clarifies definition of “child pornography”; and authorizes Attorney
General or any district attorney to investigate activity that includes the
purchase or possession of child pornography.
Effective 5-19-09.
HB 1597 (Sullivan/Crain):
Establishes that disclosure of information covered by attorney-client
privilege or the work-product doctrine does not operate as a waiver if such
disclosure was inadvertent, the holder took reasonable steps to prevent such
disclosure and to rectify the error; and establishes confidentiality of certain
communications between an accountant and client. Effective 11-1-09.
HB 1598 (Sullivan/Sykes):
Creates the School Protection Act to provide teachers, principals, and
other school professionals tools to undertake reasonable actions to maintain
order, discipline, and an appropriate educational environment; including
prohibiting the making false accusations of criminal activity against an
education employee to law enforcement authorities or school district officials,
allowing a court to award costs and attorney fees to a prevailing party in any
civil action or proceeding against a school or an education employee, and
prohibiting a student from assaulting, attempting
to cause physical bodily injury, or acting in a manner that could reasonably
cause bodily injury to an education employee or a person who is volunteering
for the school. Effective 11-1-09.
HB 1603 (Sullivan/Coffee):
Enacts the Comprehensive Lawsuit Reform Act of 2009, which includes
provisions related to affidavit of merit, dismissal of actions, prejudgment and
postjudgment interest, appeal bonds, frivolous lawsuits, joint and several
liability, noneconomic damage caps, Health Care Indemnity Fund Task Force,
firearms manufacturers, product liability, asbestos liability and successor
liability. Effective 11-1-09.
HB 1674 (Cannaday/Ballenger): Requires any person who is arrested by a law
enforcement officer solely for a misdemeanor violation of a state traffic law
or municipal traffic ordinance to be released by the arresting officer upon personal
recognizance under specified circumstances and establishes procedures for disposition
of the case of such person. Effective
11-1-09.
HB 1734 (Peters/Crain):
Modifies provisions related to the Oklahoma
Child Care Facilities Licensing Act and the Oklahoma Foster Care and Out-of-Home
Placement Act; and creates the Children’s Services Oversight Committee. Effective 7-1-09.
HB 1739 (Peters/Anderson):
Modifies requirements in child custody and visitation proceedings if the
court determines that domestic violence, stalking or harassment has
occurred. Effective 11-1-09.
HB 2028 (Steele/Coates):
Extensive modification and recodification of the Oklahoma Children’s’ Code. Effective 5-21-09.
HB 2174 (Nelson/Russell):
Modifies venue requirements for adoption proceedings; authorizes the
court in an adoption proceeding to appoint an attorney for the child to examine
all expenses and attorney fees presented to the court for approval; requires a
Disclosure Statement of Adoption-related Costs and Expenditures to be prepared
in writing by the attorney, child-placing agency, or person facilitating in a
direct-placement adoption; and modifies the definition of child trafficking to
include the solicitation or receipt of any money or any other thing of value by
a birth parent, an attorney or child-placing agency for expenses related to the
placement of a child for the purpose of adoption from more than one prospective
adoptive family for the adoption of one child.
Effective 11-1-09.
The Court of Criminal Appeals was cut by 4.9%
for FY’10 and received an appropriation of $3,304,551.
The District Courts received a FY’10 appropriation
of $54,003,040, which is 7% less than was provided in FY’09.
The Supreme Court was also cut in FY’10 and
received an appropriation of $17,867,941, which is 7.2% less than given in
FY’09.
To offset cuts to the District Courts and Supreme
Court budgets, the Legislature authorized transfers of $4 million from the Law
Library Revolving Fund and $4 million from the Lengthy Trial Fund to the
Supreme Court Administrative Revolving Fund to cover operating and payroll
costs for both the District Courts and Supreme Court.
Also, the Legislature authorized the transfer
of $6 million from the Court Information System Revolving Fund into the State
Judicial Retirement Fund to pay employer contributions for all active members
of the Uniform Retirement System.
The Legislature provided the Workers’ Compensation
Court $5,055,966 in FY’10 funding, which is 3.9% less than the previous fiscal
year.
The Council on Judicial Complaints received a
5.5% reduction in state funding and was given $268,040 for FY’10
operations.
Motor Vehicles, Water Vessels & Licensing Measures
SB 244
(Johnson (Mike)/Blackwell): Relates to
motor vehicles and to the regulation and licensing of manufacturers,
distributors, dealers and salespersons. The bill increases the license
and renewal fees for each factory branch or distributor branch, each
manufacturer or distributor of new motor vehicles, each factory representative
or distributor representative, each new motor vehicle dealer and each salesperson.
It also authorizes the Oklahoma Motor Vehicle Commission to charge a fee of $10
to endorse a change of employer on licenses. Effective 11-1-09.
SB 301 (Bingman/Thompson): Provides for clean-up language and removes
obsolete language relating to the regulation of motor carriers by the Oklahoma
Corporation Commission. Effective
11-1-09.
SB 658 (Aldridge/Nelson): Increases the penalty for delinquent motor
vehicle registration and delinquent payment of motor vehicle excise taxes from
$.25 per day to $1.00 per day. Also
increases the maximum penalty from $25 to $100.
Increased revenue split between tag agents ($.25 of each daily penalty)
and State Highway Construction and Maintenance Fund ($.75 of each daily
penalty), except for FY-10 when the latter is directed to the General Revenue
Fund. Effective 7-1-09.
SB 848
(Branan/Nelson): Provides that selling
an extended insurance warranty to a purchaser, but failing to provide a copy of
the warranty to the purchaser or failing to disclose who the third party insurer
will be, an action for which the Oklahoma Used Motor Vehicle and Parts Commission
may assess a certain fine against a used motor vehicle dealer. Effective 11-1-09.
SB 888 (Coffee/Benge): Modifies motor license agent appointment
process to apply a single set of criteria (those currently applied to agents in
urban areas) to all agents statewide.
Grandfathers agents with a current appointment until the position is
vacated. Effective 7-1-09.
SB 903 (Bass/Roan): Establishes that a licensed wrecker operator
is not liable for damage to a vehicle, vessel, or cargo that obstructs the
normal movement of traffic or creates a hazard to traffic and is removed in compliance
with the request of a law enforcement officer, unless there is failure to
exercise reasonable care in the performance of the act or for conduct that is
willful or malicious. Effective 11-1-09.
SB 1184 (Marlatt/Thompson): Allows the Department of Public Safety to
issue an annual vehicle permit for the movement of turbine blades, used for
wind generation, that may exceed a length of one hundred ten (110) feet. Effective 11-1-09.
HB 1318
(Shoemake/Ballenger): Provides that if
the Used Motor Vehicle and Parts Commission denies issuance of a license, it
shall provide the grounds for the action to the applicant in writing and allow
the applicant 60 days to resolve any issues that are the grounds for the
action. Effective 11-1-09.
HB 1365 (Buck/Crutchfield): Requires operators of vessels to submit to
drug and alcohol testing if they are involved in a collision or accident which
causes death or great bodily injury.
Provides that those who make a report of an accident or collision with
the Department of Public Safety will not be prosecuted for providing the report
with the Department and no statements in the report will be received against
them in a criminal investigation, proceeding, or trial. Effective 11-1-09.
HB 1803 (Martin (Steve)/Barrington):
Allows wrecker support vehicles to use flashing red and blue lights in
the same manner as wreckers. Allows for
the use of an amber light on wreckers when leaving the scene of a tow call to
warn approaching vehicles. Effective 11-1-09.
HB 2013 (Wright (John)/Aldridge): Requires all insurers, as a condition of
writing motor vehicle liability policies in this state, to comply with the
requirements of Section 7-600.2 of Title 47 of the Oklahoma Statutes. Requires insurance carriers to cooperate with
the Department of Public Safety in maintaining the insurance verification system
as a condition for writing motor vehicle liability policies in Oklahoma. Prohibits accident response fees for the
response to or investigation of a motor vehicle accident by law enforcement or
other first responder. Effective 5-27-09.
Professions & Occupations Measures
SB 406
(Crain/Terrill): Gives the Insurance
Commissioner the authority to review specific financial circumstances and
history of a professional bondsman, on a case-by-case basis, and to release a
portion of certain deposits if warranted. The Commissioner is authorized
to promulgate rules relating to this provision. Effective 11-1-09.
SB 592
(Ford/Sears): Relates to the State Architectural and Interior Designers
Act. The bill changes the name of the act to the State Architectural and
Registered Interior Designers Act and changes the name of the governing board
to the Board of Governors of the Licensed Architects, Landscape Architects and
Registered Interior Designers of Oklahoma. The bill adds the word
“registered” throughout the act relating to interior designers and provides for
the registration of interior designers. It adds the term “licensed” in relation
to certain architects. It also removes certain prohibitions relating to
the use of the word interior design. Effective
5-12-09.
SB 602
(Bingman/Martin (Steve)): Prohibits the Oklahoma Real Estate
Commission from issuing a license to any applicant convicted of certain crimes
within 20 years of the completion of any criminal sentence, including parole
and probation. Prohibits the Commission from issuing a license to any
applicant convicted of certain felonies within 10 years of the completion of
any criminal sentence, including parole and probation. Prohibits the Commission
from issuing a license to any applicant convicted of any other felony within 5
years of the completion of any criminal sentence, including parole and
probation. States that any applicant with a felony conviction may be licensed
after such timelines in accordance with the provisions of the Oklahoma Real
estate License Code and Rules. Requires licensed persons to notify the
Commission in writing of convictions or pleas to any felony offence within a
certain time frame. Effective 11-1-09.
SB 645
(Gumm/Terrill): Exempts licensed architects
and engineers from the Home Inspection Licensing Act. Increases the required
number of training clock hours required for application to take the home
inspection examination from 50 to 90. Increases the required number of
continuing education clock hours for license renewal, reactivation or change
from inactive status to active status from 5 to 8. Effective 11-1-09.
SB 1182 (Brogdon/Jordan): Creates the Oklahoma
Uniform Building
Code Commission Act and the Oklahoma
Uniform Building
Code Commission within the Construction Industries Board. Beginning
October 1, 2009, the Commission will have the power and duty to review and
adopt all building codes for residential and commercial construction to be used
by all entities within the state. Such codes shall be the minimum
standards for residential and commercial constructions. It requires
public projects and public entities to abide by the minimum standards, but
allows public entities to enact and enforce higher standards and requirements.
It also authorizes the Commission to establish a system of fees not to exceed
$5.00 to be charged for the issuance and renewal of any construction permits
issued by any agency, municipality or other political subdivision of the state.
The bill modifies provisions relating to the Construction Industries Board, the
Plumbing License Law of 1955, the Electrical License Act, the Mechanical Licensing
Act, the Director of Central Services and the State Fire Marshall relating to
the authority of setting certain codes. Effective 6-2-09.
HB 1004
(Morgan/Coates): Modifies the definition
of “refrigeration system” by deleting the word “erection”. Provides that the
maximum apprentice-to-journeyman ratio for mechanical work requiring a
petroleum refinery journeyman license shall not be greater than 5 apprentices
to one petroleum refinery journeyman. Provides that this provision is
limited to petroleum refinery mechanical work and shall not apply to other
apprentice-to-journeyman ratios established by the Construction Industries
Board. Effective 11-1-09.
HB 1779
(Jones/Burrage): Modifies various
sections of the Oklahoma Accountancy Act relating to: definitions, certain
authority for the executive director; disclosure of certain information,
certain qualification for applicants, the issuance of certain certificates,
examination fees; use of titles, certain exceptions, out-of-state license and
reciprocity, an alternative to certain requirements, criminal history record
check, registration requirements, permit requirements, partnerships of certain
accountants, certain exception for certain firms, hearings, penalties, violations,
cease and desist order, continuing education requirements and persons entitled
to perform required audits. Effective
4-14-09.
SB 238 (Johnson
(Mike)/Miller): Authorizes the Oklahoma
Capitol Improvement Authority to issue $25 million in bonds for construction, repair and rehabilitation of flood-control dams,
repair of roadside water erosion and riparian restoration, including
restoration of flood-damaged areas, in various counties across the state. The bill consists of
Section 2 of SB 1374, enacted in 2008, that authorized the issuance of the
bonds for the same purpose. The Oklahoma Supreme Court ruled that SB 1374,
which also contained authorizations for bonds for two other distinct purposes,
was an unconstitutional violation of the single subject rule. Effective 4-27-09.
SB 239
(Mazzei/Miller): Authorizes the Oklahoma
Capitol Improvement Authority to issue $25 million in bonds for construction of Zink Dam improvements, stream bank stabilization
and construction of two additional low-water dams on the Arkansas River in Tulsa County.
The bill
consists of Section 3 of SB 1374, enacted in 2008, that authorized the issuance
of these bonds for the same purpose. The Oklahoma Supreme Court ruled that SB
1374, which also contained authorizations for bonds for two other distinct
purposes, was an unconstitutional violation of the single subject rule. Effective 4-27-09.
HB 2015 (Miller/Johnson (Mike)): Creates the Oklahoma State Finance Act, which
recodifies and updates various sections of law relating to the Office of State
Finance. Effective 7-1-09.
Public Safety &
Homeland Security Measures
SB 335 (Paddack/Thomsen): Modifies the duties of the Council on Law
Enforcement Education and Training (CLEET) to allow CLEET to conduct review and
verification of any records relating to the statutory duties of CLEET including
the Oklahoma Security Guard and Private Investigator Act. Establishes that CLEET is to be considered a
governmental law enforcement agency and is charged with completing those
functions necessary to ensure the professional training and continuing
education of law enforcement officers in the State of Oklahoma.
Provides that CLEET is authorized to receive investigative reports,
court documents, statements, and other information from local, county, and
state agencies for use in actions related to CLEET certification or licensing. Authorizes CLEET to suspend the certification
of a peace officer without prior notice if CLEET finds that the actions of the
peace officer may present a danger to the peace officer, the public, a family,
or household member or involve a crime against a minor. Provides that a peace officer is subject to
disciplinary action for abuse of office. Effective 11-1-09.
SB 342 (Crain/Sullivan): Clarifies
the procedure for publishing legal notice of the intent of a sheriff’s office
or campus law enforcement agency to dispose of abandoned or other property in
the possession of the sheriff or campus law enforcement agency. Effective 11-1-09.
SB 388
(Burrage/Sherrer): Allows reserve
deputies, reserve officers, or firefighters who furnish their own vehicles for the
performance of their duties to be able to purchase used vehicles made available
for sale by the Department of Public Safety. Effective 11-1-09.
SB 605 (Lamb/Denney): Establishes the Oklahoma School
Security Grant Program Act. Directs the
Oklahoma Office of Homeland Security to solicit proposals and make grants for
campus security at institutions of higher learning, technology center schools,
public schools, and private schools.
Provides for grants contingent upon the availability of funds from the U.S.
Department of Homeland Security or state appropriations. Effective 7-1-09.
SB 1153 (Barrington/Terrill): Creates new law giving the Office of Homeland
Security the duty and responsibility for interoperable public safety
communications planning within Oklahoma. Clarifies that local public safety agencies
and political subdivisions are encouraged but not required to use the communications
standards issued by the Office of Homeland Security prior to the purchase of
equipment. Requires the Office of Homeland
Security to annually report on the Statewide Communications Interoperability
Plan, coordinate the statewide planning for public safety communication needs,
and serve as a focal point for all statewide projects involving public safety
communications vendors. Directs the Office of State Finance to coordinate with
the Oklahoma Office of Homeland Security in developing minimum standards for
communication networks and equipment.
Prohibits state agencies from using funds to develop or enhance a public
safety communication system unless the request is consistent with the Statewide
Communications Interoperability Plan. Effective
11-1-09.
SB 1161 (Aldridge/Nelson): Removes obsolete language, consolidates
redundant language, replaces outmoded language, provides consistent language,
clarifies various authorities, and establishes a more cohesive structure to motor
vehicle insurance requirements found in Title 47. Removes the "bond" language because
insurance companies no longer do this; removes the requirement to suspend and
surrender vehicle registration, as DPS does not have jurisdiction over vehicle
registration; replaces suspension of driver license with suspension of driving
privileges, which incorporates all drivers, whether Oklahoma licensees,
non-licensed persons, or out-of-state licensees; and removes separate
references to residents and nonresidents, as procedures are essentially the
same for both. Effective 11-1-09.
SB 1166 (Jolley/Terrill): Creates the Regional Emergency Nine-One-One
Services Act to encourage formation of emergency communication districts in
order to provide efficient delivery of emergency nine-one-one service throughout
the state. Effective 7-1-09.
SB 1185 (Barrington/Christian): Modifies the definition of a Class D motor
vehicle to include a vehicle operated by a driver employed by a unit of local
government that operates a commercial motor vehicle for the purpose of removing
snow or ice, if the regularly employed person is unavailable or if additional
assistance in a snow or ice emergency is deemed necessary. Requires the Department of Public Safety to
develop a procedure whereby a person, who has been granted modified driving
privileges, upon applying for an original, renewal, or replacement Class D
driver license will receive a license specifically identified as a modified license. Allows periods of revocation for DUI offenses
to be modified. Increases the modification
fee from $150 to $175 and increases the portion of the modification fee
transferred to the DPS Revolving Fund from $50 to $75. Effective 11-1-09.
SB 1206 (Brown/Trebilcock): Adds city-county health departments to the
definition of “jurisdiction” as it is used in the Oklahoma Intrastate Mutual
Aid Compact. Effective 11-1-09.
HB 1052 (Sears/Barrington): Clarifies that an individual must
successfully complete a certified Motorcycle Safety Foundation course in order
to be eligible to receive a motorcycle endorsement on a driver license. Allows for early renewal of state driver
license up to one year in advance of expiration. Allows active duty members of the Armed
Forces, civilian contractors employed by the Armed Forces, and all of their
dependants who are stationed outside of the State of Oklahoma to renew their driver license, if
expired, within sixty days upon their return to the state, as if their driver
license was not expired. Effective 11-1-09.
HB 1084 (Thomsen/Paddack): Requires any person who wants to attend a
basic law enforcement academy conducted by CLEET to score a minimum of 70
percent on both a reading and writing comprehension examination and an approved
physical agility test administered by CLEET to assure the applicant can perform
on a level necessary to fulfill the requirements of the CLEET academy. The examination must be taken within 90 days
of hiring and prior to CLEET admission. Requires any person or peace officer,
upon employment by a law enforcement agency and prior to attending a basic law
enforcement academy conducted by CLEET, to execute a promissory note for
academy training expenses payable to CLEET that includes a promise to remain
within the law enforcement profession in Oklahoma
for four years following graduation. If for any reason a peace officer is
unemployed by an Oklahoma
law enforcement agency for more than 90 days the obligation will become due.
Violation of the terms of the promissory note will result in civil action for
restitution. Effective 11-1-09.
HB 1092 (Trebilcock/Bingman): Allows an expired Oklahoma driver license to
be considered a valid form of identification for the purpose of renewing an
Oklahoma driver license, if the license is not more than 30 days past the date
of expiration. Effective 11-1-09 (Effective
date changed by HB 2252 to 5-26-09).
HB 1368 (Smithson/Corn): Clarifies when a motor vehicle may be driven
in a lane other than the right-hand lane of a four-lane highway to maintain
safe driving conditions, such as when a driver encounters vehicles merging onto
the highway. Effective 11-1-09.
HB 1411 (Nelson/Lamb):
Clarifies time limits for validity of concealed handgun licenses and
renewals. Effective 11-1-09.
HB 1419
(Cannaday/Ellis): Makes it illegal to
steal dimensional stone product, which is a natural rock material quarried for
the purpose of obtaining blocks or slabs of stone. Upon conviction, a violator is guilty of a
misdemeanor. Effective 11-1-09.
HB 1599
(Sullivan/Newberry): Increases the
number of hours required for behind-the-wheel training before an intermediate
Class D license may be issued. Modifies
the driving privilege hours for an intermediate Class D license to 10:00 pm
from 11:00 pm, except for driving to and from work, school, school and church activities,
or if there is a licensed driver 21 years or older in the vehicle. Effective 11-1-09.
HB 1678 (Ownbey/Paddack):
Expands the scope of the Volunteer Medical Professional Services
Immunity Act to include eligible volunteers from medically related fields and
volunteer health practitioners; and limits liability for any person who
voluntarily and without compensation provides services and goods at any place
in this state subject to the order or control the state government or any
political subdivision thereof in preparation for, anticipation of, or during a
time of emergency. Effective 11-1-09.
HB 1865 (Hickman/Anderson):
Authorizes a person to purchase rifles, shotguns, ammunition, cartridge
and shotgun shell hand and loading components and equipment from a dealer
licensed in another state. Effective
4-20-09.
HB 2030 (Steele/Coffee): Creates a statewide
silver alert for missing senior citizens to be developed and implemented by the
Department of Public Safety. Effective
11-1-09.
HB 2093 (Kirby/Crain):
Expands the scope of the Volunteer Medical Professional Services
Immunity Act to include any entity participating in a Medical Reserve Corps and
assisting with emergency management, emergency operations, or hazard mitigation
in response to any emergency, man-made disaster, or natural disaster, or
participating as authorized in public health initiatives endorsed by a city,
county or state health department in this state. Effective 11-1-09.
HB 2250 (Terrill/Sykes):
Addresses
several issues relating to the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control. Adds pleading guilty or
no contest to, or being found guilty of possession of drug paraphernalia as an
offense requiring payment of a five-dollar court fee, which goes into the
Bureau of Narcotics Drug Education Revolving Fund. Authorizes the Director of the Oklahoma State
Bureau of Narcotics to purchase and maintain motor vehicles and other equipment
for use by the Bureau’s employees, thus removing DCS oversight. Creates the “Drug Money Laundering and Wire
Transmitter Revolving Fund”. Adds tribal
police and agencies with CLEET certified officers as agencies OBN can enter
into forfeiture sharing agreements with.
Increases the maximum fine for misdemeanor violations of the Uniform
Controlled Dangerous Substances Act from $500 to $1000. Provides specific procedures in conducting seizure
warrants under the Drug Money Laundering and Wire Transmitter Act. Establishes a fee of $5.00 for every wire
transmission under $500.00 and 1% of every transmission thereafter. Specifies venue for the Drug Money Laundering
and Wire Transmitter Act as it applies to transactions for interpretation purposes. Allows for fee sharing in forfeiture cases
between district attorney’s and tribal law enforcement agencies. Requires notice individually be sent to each
known owner of seized property by first class mail instead of certified mail
between $100.00 and $500.00 in value.
Additionally, allows for donation and transfer of property to other agencies. Establishes a tax credit against the fee
imposed on wire transmissions. Effective
07-1-09.
HB 2252 (Terrill/Sykes): Removes the requirement that the Department of
Public Safety provide an alternative method of driver license testing for an
applicant who can only understand Spanish.
Increases the punishment for a second felony DUI offense from 5 years
imprisonment to not more than 10 years imprisonment. Punishment for third and subsequent felony
DUI offenses is increased from 10 years imprisonment to not more than 20 years
imprisonment. Delays until July 1, 2012,
the requirement that persons appointed to the Highway Patrol Division have a
bachelor’s or associates degree or a minimum of 62 completed semester hours of
college coursework. Exempts Department
of Public Safety employees, designated by the Commissioner of Public Safety,
from the provision that restricts overtime pay to certain employees. Establishes a new effective date for the
provisions of HB 1092, which allows an expired Oklahoma driver license to be valid for 30
days beyond expiration for the purpose of driver license renewal, by providing
that the bill go into effect upon the signing of HB 2252. Effective date for Sections 1 and 4 is 7-1-09;
Sections 2 and 3 is 11-01-09; Section 5 is 5-26-09.
Public Employees – Retirement/
Insurance/Pay/Benefits Measures
SB 52 (Jolley/Ortega): Clarifies that the Employees Benefits Council
can contract with a Health Maintenance Organization that is granted a
certificate of authority by the Insurance Commissioner. Modifies the duties of the Employees Benefits
Council as it relates to TRICARE supplemental product. Effective 7-1-09.
SB 212 (Johnson (Mike)/Miller): Specifies that the funded ratio for the State
Judicial Retirement Fund should be at or near 90% or be receiving sufficient contributions to
amortize any unfunded liability of the fund according to the adopted
amortization schedule. Modifies the
Board of Trustees ability to raise employer contribution rates. Effective 7-1-09.
SB
384 (Gumm/Terrill): Authorizes payroll deductions
for state employees for the payment of premiums for Oklahoma Long-Term Care Partnership
Program approved policies. Effective
11-1-09.
SB 397 (Crain/Sullivan): Modifies amount of employer contribution rates
for certain employers participating in a county retirement system. Effective 7-1-09.
SB 525 (Crutchfield/Ownbey): Authorizes the Board of Trustees of the
Ardmore Higher Education Program to establish and maintain plans for tenure and
retirement of its employees and payment of deferred compensation of such employees
and to provide health insurance benefits.
Effective 7-1-09.
SB 726 (Barrington/Armes): Prohibits a fire chief from also acting as
the city manager, mayor or other position that impairs the ability to perform
the duties of the fire chief. Modifies
date and certain reporting requirements that pertain to the Oklahoma
Firefighters Pension and Retirement System.
Effective 7-1-09.
SB 830 (Brown/Kirby): Brings the Oklahoma Police Pension and
Retirement System and the Oklahoma Law Enforcement Retirement System into
compliance with Internal Revenue Service requirements. Specifies that the Commissioner of Public
Safety or designee shall serve on the Oklahoma Law Enforcement Retirement
Board. Effective 5-11-09.
SB 880
(Ford/Sears): Modifies the requirement
for an organization to qualify as a retired teachers’ organization which is
eligible to have the Teachers’ Retirement System of Oklahoma (OTRS) withhold
monthly dues on behalf of an electing retiree for payment to the retired
teachers’ organization. Requires such organizations to be organized for
the purpose of representing the interests of retired teachers and providing
member benefits. Effective 11-1-09.
SB 899 (Coffee/Nelson): Removes violation of oath of office as the
basis for forfeiture of retirement benefits by any elected or appointed state
or county officer or employees. Specifies conviction of a felony for bribery,
corruption, forgery or perjury or any other crime related to the duties of his
or her office or employment, or related to campaign contributions or campaign
financing for that or any other office shall result in the forfeiture of
retirement benefits. Requires the
retirement system to immediately suspend all benefits of the officer or
employee upon notice of forfeiture.
Provides procedures for the retirement system to follow in order to
determine whether the conviction or pleas subjects the benefits of the officer
or employee to forfeiture if the conviction or plea occurs in federal courts or
the notice of forfeiture is not forthcoming from the local prosecutor. Effective 7-1-09.
HB 1111 (Murphey/Jolley): Requires the Office of State Finance and each
executive state agency to make available to all state employees a centralized
web-based system to access their personal employment and compensation-related
information (may be waived by the Director of State Finance if lack of timely
access prevents employees from utilizing the centralized system). HB 1111
also requires executive state agencies converting to a multi-monthly payroll
system (except for higher education institutions) to consult with the OSF on
the timing of the conversion. Specific requirements include the
following:
·
All
employees hired during the six months prior to the conversion must be placed on
either the biweekly payroll system or supplemental payroll upon hiring;
·
Other
employees must be offered either multi-monthly or supplemental payroll options
if they choose to participate;
·
Six
months prior to conversion, an agency must create an employee payroll conversion
bank to provide a one-time payroll payment for the gap created by the conversion;
·
Each
agency must allow its employees to accumulate funds up to a maximum of 80p
hours of leave;
·
Each
agency must inform all its employees of their leave balances monthly; and
·
The
OSF and the Office of Personnel Management must establish conversion procedures.
Effective 5-27-09.
HB 1131 (Miller/Johnson (Mike)): Adds premium auditors and safety consultants
to the unclassified positions of CompSource Oklahoma.
Effective 7-1-09.
Revenue & Taxation Measures
SB 2 (Gumm/Martin): Authorizes special license plates for
university and common education police, Operation Iraqi Freedom veteran,
"In God We Trust", National Weather Center,
Make-A-Wish Foundation, South Central Section PGA, Putnam City
High School, Autism Awareness,
Folds of Honor Supporter and Oklahoma City Thunder. Also deletes tag for
Northern Cherokee Nation.
SB 11 (Gumm/Terrill): Modifies the time period after which the Tax
Commission must pay interest on tax refunds not paid “timely” to a
taxpayer. Effective 1-1-10.
SB 243 (Johnson (Mike)/Miller): Repeals 68 O.S. Section 6003.1, which allowed
the buyer of an aircraft with a purchase price of more than $5 million to
request that the excise tax be designated for a specific general aviation airport.
Effective 6-1-09.
SB 313 (Bingman/Thompson): Extends to July 1, 2012 all gross production
tax exemptions set to expire in 2009. Effective
7-1-09.
SB 314 (Branan/Terrill): Modifies the manner in which certain video
services programming property is assessed for purposes of ad valorem
taxation. Effective 1-1-10.
SB 318 (Mazzei/Hickman): Modifies various tax
provisions, including:
·
Authorizes
county decals for car tags;
·
Provides
for the creation of an Internet list of certain delinquent taxpayers;
·
Modifies
certain provisions relating to the collection of delinquent tax debt by the Tax
Commission;
·
Creates
motor fuel tax exemption for irrigation districts and conservancy districts;
·
Extends
sales tax exemption for conservancy districts to contractors for purposes of
construction contracts;
·
Authorizes
certain recipients of investment tax credits to utilize credits after operating
status changes;
·
Decouples
certain state tax provisions from federal tax changes resulting from federal
stimulus bill;
·
Modifies
certain withholding requirements for specified employers;
·
Waives
payroll requirements for ad valorem exemption under specified circumstances;
·
Modifies
Compete with Canada
film incentive provisions to double rebate amount;
·
Creates
revolving fund for the development of wine and grape industry and dedicates
certain growth revenue from tax on wine; and
·
Requires
CompSource Oklahoma
to pay an annual market equalization assessment.
Effective 11-1-09 for Sections 1-3 and 12;
7-1-09 for Sections 5-8, 14-16 and 18-20; 1-1-10 for Sections 9 and 21; 7-1-10
for Section 17 and 5-26-09 for Sections 4, 10, 11 and 13.
SB 517 (Bingman/McCullough): Requires cities and towns who attempt to annex
property to notify the Tax Commission if annexed and requires the Commission to
notify vendors in the annexed area of sales tax changes. Effective 11-1-09.
SB
608 (Anderson/Jackson): Modifies various
provisions relating to the enforcement of cigarette and tobacco tax provisions;
redirects certain taxes and fees to the Tax Commission for enforcement of
electronic reporting requirements; increases certain licensing fees and
conditions upon which a license may be obtained; modifies and increases certain
penalties; modifies definition of "unstamped cigarettes" to include
improperly stamped ones; and provides for the purchase of cigarettes and
tobacco products state “tax free” by members of non-compacting tribes if the
purchase meets certain conditions. Effective
1-1-10.
SB 721 (Barrington/Banz): Provides an opportunity for donation to the
Folds of Honor Scholarship program through a check-off on the state income tax
return. Also provides an income tax
exemption for certain payments by the U.S. Department of Defense related to the
death of a member of the Armed Forces killed in action. Effective 1-1-10.
SB 881 (Russell/Banz): Modifies the income tax deduction for salary
or compensation, other than retirement benefits, received by an individual from
the Armed Forces. Increases the
deduction from $1,500 to 100% of salary or compensation from July 1, 2010
through December 31, 2014. For tax year
2015 and beyond, the deduction will be either $1,500 or 100% of salary or
compensation, depending upon a determination made by the State Board of
Equalization. Creates the Special Committee
on Soldier Relief and charges it with making a finding and recommendations on
the amount of revenue collected from sales tax, motor vehicle taxes and fees
and motor fuel tax generated as the result of members of the military claiming Oklahoma as the state of
residence. Requires the Special
Committee to make a report to the State Board of Equalization by a specified
date. Requires the State Board of
Equalization to determine the amount of revenue estimated to be collected
during a specified time period from military families who make Oklahoma the state of
residence and compare that amount to the estimated loss in income tax revenue
from the 100% deduction. If the amount
collected is determined to be greater than the amount lost, provides that the
deduction remain at 100% for tax year 2015 and beyond. If the amount is less, provides that the
deduction reverts to $1,500 annually. Effective
date 7-1-10.
SB 909 (Mazzei/Sullivan): Authorizes certain establishments receiving
Quality Jobs payments to also claim an income tax investment tax credit if
certain criteria are met. Effective
1-1-10.
SB 916 (Stanislawski/Sullivan): Modifies the tax treatment of certain income
earned by a captive real estate investment trust. Effective 1-1-10.
SB 938 (Mazzei/Sullivan): Creates the “21st Century Quality
Jobs Incentive Act” to provide incentive payments to certain industries which
meet specific criteria including payment of wages which are 300% of certain
average wages. Payments are based on
either an initial benefit rate of up to 7% or a fulfillment benefit rate of up
to 10%. Effective 11-1-09.
SB 981 (Mazzei/Hickman): Modifies the tax treatment of certain kinds
of income to two types of trusts in compliance with recommendations of the
National Conference of Commissioners on Uniform State Laws. Effective 11-1-09.
HB 1048 (Banz/Aldridge): The measure amends current law regarding some
procedures for delinquent taxes. The
measure would allow for notices to be posted (for 2 consecutive weeks as with
current law) at anytime after April 1, through the end of September. As part of this change, the measure removes
the requirement that notices that are mailed must be sent by way of certified
mail. The measure also clarifies the
definition of incapacitated in this statute, so that it is clear that it only
refers to mental incapacitation, and not physical
disability. The measure also decreases the
time that excess funds (from the sale of lands seized and sold due to a tax
lien) have to remain available for the former landowner to claim the
funds. The measure reduces the time
period from 2 years to 1 year. Effective
11-1-09.
HB 1097 (Dank/Brogdon): Creates a nine-member Task Force for the Study
of Transferable Tax Credits. Effective
8-26-09.
HB 1295 (Murphey/Jolley): Modifies the prohibition against issuing a
state professional license to a taxpayer who is not in compliance with state
income tax laws by specifying that a license will not be reissued. Also defines
“reissue” as the granting of a new license to a taxpayer who has had the
equivalent license during the past 12 months.
Effective 11-1-09.
HB 1480 (Fields/Sweeden): Specifies that the purpose for which a county
lodging tax may be levied (for levies after 7/1/09) includes advertising the
particular purpose and investment for later use. Effective 11-1-09.
HB 1489
(DeWitt/Bingman): Modifies the apportionment
of a portion of gross production tax revenue from oil by extending the time period
that three specified capital and infrastructure funds receive proceeds.
Modifies the use of certain funds in the Oklahoma Conservation Commission
Infrastructure Revolving Fund and the Community Water Infrastructure Development
Revolving Fund. Effective 7-1-09.
HB 1661 (Williams/Leftwich): Creates opportunity for donation of up to $25
of income tax refund to YMCA Youth and Government program. Also provides a 4-yr
from enactment sunset for all income tax refund check-offs. Effective 1-1-10.
HB 1717
(Ownbey/Crutchfield): Modifies apportionment
of revenue raised from Emergency Medical Technician specialty license
plate. Effective 11-1-09.
HB 1949 (Benge/Bingman): Extends sunset date from 2010 to 2015 for
income tax credit for investments in clean-burning motor vehicle fuel property
and modifies types of equipment which qualify for the credit and the credit
amounts. Effective 1-1-10.
The Oklahoma Tax Commission received an FY'10
appropriation in the amount of $46,303,723, a 4 percent decrease over FY’09. $320,000 was included for the OSU Center
for Local Government County IT Training Program.
HB 1012 (Wright/Aldridge): Sunset- recreating the Oklahoma Partnership
for School Readiness Board until 2013. Effective
8-26-09.
HB 1013 (Wright/Aldridge): Sunset – recreating the State Board of
Cosmetology. Modifies date to 2013. Effective
8-26-09.
HB 1014 (Wright/Aldridge): Sunset – recreating the State Board of Medical
Licensure and Supervision. Modifies date to 2013. Effective 8-26-09.
HB 1015 (Wright/Aldridge): Sunset – recreating the State Board of Examiners
of Psychologists. Modifies date to 2013.
Effective 8-26-09.
HB 1016 (Wright/Aldridge): Sunset – recreating the Oklahoma Real Estate
Commission. Modifies date to 2013. Effective 8-26-09.
HB 1017 (Wright/Aldridge): Sunset – recreating the Scenic Rivers
Commission. Modifies date to 2013. Effective 8-26-09.
HB 1018 (Wright/Aldridge): Sunset – recreating the State Barber Advisory
Board. Modifies date to 2013. Effective 8-26-09.
HB 1019 (Wright/Aldridge): Sunset – recreating the Group Homes for
Persons with Developmental or Physical Disabilities Advisory Board until 2010. Effective 8-26-09.
HB 1022 (Wright/Aldridge): Sunset – recreating the Domestic Violence and
Sexual Assault Advisory Council until 2013. Effective 8-26-09.
HB 1023 (Wright/Aldridge): Sunset omnibus bill which recreates all
entities sunsetting in 2009. Effective
8-26-09.
Tourism & Wildlife Measures
SB 248 (Ford/Sears): This act adds Copan
Lake and Hulah Lake
to the list of exceptions to places where persons are allowed to wade and swim
in the safety zone below federal dams.
Effective date 7-1-09.
SB 277 (Schulz/Armes):
This measure states that no person shall assist, accompany, transport,
guide or aid persons in the taking of fish for compensation or other
considerations without having procured a license from the Department of
Wildlife Conservation. It also directs
the Department of Wildlife Conservation to promulgate rules for a fishing guide
license, and limits the fee for the license to no more than $200 annually. Violators of the Act are subject to a fine of
$1,000 or imprisonment in the county jail for 6 months, or both penalties.
Effective 7-1-09.
SB 1031 (Sparks/Schwartz): This act adjusts the fee for annual hunting
and fishing licenses to include the Fishing and Hunting Legacy Fee ($5.00) that
is currently being charged as a separate permit and also removes the Oklahoma
Land Stamp fee which is $5.00. Effective
7-1-09.
SB 1033 (Sparks/Armes): This
measure provides that any person who wrongfully injures or removes a cervidae
from the premises of a cervidae facility will be guilty of a felony and, upon
conviction, be fined not less than $500.00 nor more than $1500.00. Also, this
measure adds an affirmative defense. Effective
6-2-09.
SB 1034 (Sparks/Schwartz): This act creates the Department of Wildlife
Conservation Consolidation of Licenses, Permits, and Fees Task Force to study
the feasibility of combining certain Department of Wildlife of Conservation licenses,
permits, and fees. Effective 4-28-09.
HB 1464 (Pruett/Ellis): This act allows for the taking of black bear,
conditional upon receipt of a license to do so from the Department of Wildlife
Conservation. The act sets fees for such
license and provides penalties.
Effective 4-13-09).
HB 1465 (Pruett/Corn): This act extends the hunting season for
furbearers from December 1 to the end of February. Effective 11-1-09.
HB 1691 (Sears/Ford): This act adds expands the bird gaming law, to
include falcons and other raptors. Effective 4-20-09.
HB 1761 (Enns/Barrington): This act adds mechanically-assisted
conventional longbows to the exceptions that the Department of Wildlife
Conservation can allow for hunters with permanent disabilities. Authorizes the Director the authority to
permit the use of a mechanical device that holds a long bow at full or partial
draw. Effective 4-22-09.
HB 2154 (Armes/Schulz): This act defines “actual damages” as damages
to real or personal property wherein a person
willfully enters a licensed facility to hunt, shoot, shoot at, kill, attempt to
kill, disturb, haze, take, or attempt to take any personal property of the
owner without permission from the owner. Effective 11-1-09.
HB 2158 (Armes/Schulz): This act provides for a permit, issued by the
Oklahoma Department of Agriculture, Food, and Forestry, for the depredation of
animals on commercial land in a commercial area by a non-fixed wing
aircraft. Also, provides for a fee, sets
penalties for non-compliance and requires a person who obtains a permit to file
reports with the Department stating the number of animals managed under the
permit. Effective 11-1-09.
SB 216 appropriates $25,909,406 to the Department
of Tourism and Recreation. One-time
funding for FY’09 in the amount of $220,000 was removed from the agency’s
budget, and then the appropriation was decreased by 7%, or $1,947,539, for
FY’10.
SB 54 (Corn/Brannon): This measure modifies the Oklahoma Highway
Remediation and Cleanup Services Act which was enacted in 2006 to license the
operators performing remediation of hazardous waste spills resulting from
accidents. SB 54 exempts discharges or
spills from rail transportation accidents and vehicles, cargo or equipment
under the control of an electric utility.
This exemption was requested by railroad and utility companies as they
have their own cleanup service equipment within their company or they are otherwise
required to have contractors in place to provide necessary cleanup services in
case of an accident. Effective 4-21-09.
SB 299 (Bingman/Thompson): This bill transfers the requirement to sell
motor vehicles which have been seized by a state or local law enforcement
agency for improper license tags from the Corporation Commission to the Department
of Central Services. This was done by
agreement of both agencies as it was determined such services were more
compatible with DCS functions. Effective
7-1-09.
SB 348 (Myers/DeWitt): This bill authorizes counties and cities to
offer rewards of up to $1,000.00 for the arrest and conviction of any person
stealing or defacing county or municipal road signs or other public
property. Effective 4-14-09.
SB 399 (Branan/Shannon): Creates the Safe Routes to Schools program
within the Oklahoma Department of Transportation. This is a federally funded program whose goal
is increasing physical activity in school-aged children by increasing the
number of children walking and bicycling to school. This measure requires ODOT to appoint a Safe
Routes to Schools Committee and creates a revolving fund. Effective 7-1-09.
SB 503 (Bingman/Thompson): This bill was requested by the Corporation
Commission and it creates the “Household Goods Act of 2009”. The purpose of the act is to regulate the intrastate
transport of household goods to establish standards for public safety and fair
competitive practices. Promote adequate
and dependable services and provide protection for shippers from deceptive or
unfair practices. The measure sets up a
consumer complaint and mediation process within the Corporation Commission. Effective 11-1-09.
SB 662 (Crutchfield/Roan): Designates a portion of State Highway 32 as “State Representative Terry Hyman Memorial
Highway”.
Effective 4-17-09.
SB 832 (Bingman/Shannon): Authorizes boards of county commissioners to
enter into cooperative agreements with the Oklahoma Turnpike Authority to
replace or repair functionally obsolete and structurally deficient bridges
which cross over or under turnpikes. The
measure also creates an Oklahoma Roads Task Force to study and evaluate the
effect of inflation on highway and bridge construction and maintenance. The task force is made up of Legislators and
representatives of various interest groups and it will remain in effect until
January 2010. Effective 5-22-09.
HB 1527 (Liebmann/Branan): This measure makes it unlawful for any person
to drive any vehicle through, under, over or around traffic-control devices on
any portion of a highway that has been closed to traffic. Effective 11-1-09.
HB 1564 (Schwartz/Branan): This measure relates to the regulation of
outdoor advertising by modifying the statutory definition of a “primary
highway” so that the state statute will conform to the federal definition.
Effective 4-24-09.
HB 1759 (Enns/Justice): This bill modifies county purchasing
practices by increasing the limit requiring county government departments to
utilize purchase orders from the county purchasing agent from $2,500.00 to
$5,000.00 when dealing with requests for repairs to equipment, machinery or
vehicles. Additionally, the amount requiring public bidding for culvert and
bridge construction was increased from $75,000.00 to $150,000.00. HB 1759 further amends current law increasing
ODOT reimbursement to counties for bridge projects utilizing force account
methods from $200,000.00 to $400,000.00.
The bill also designates a portion of US Highway 81 in Enid as the “SSG Chris Hake Memorial Highway” and a
portion of State Highway 6 as the “Trooper
David Nalley Memorial Highway”. Effective 7-1-09.
HB 1769 (Roan/Crutchfield): Designates memorial highways or bridges for
State Representative Terry Hyman, Carsyn Kay Hackler, M/SGT Ura M. Horton, TSGT
Jason Norton, Commissioner Jimmie Primrose, SSGT Larry S. Pierce, Sheriff Jerry
Beall, Police Chief Joe Rowden, Mazzebeth Turner, U.S. Army 509th
Engineer Company, U.S. Army Staff Sgt. Brandon W. Farley, Charles “Choppy”
Parket, Leon Sherrer, Deputy Sheriff Dustin Duncan and U.S. Army 2nd
Lt. Fred Sonaggera. Effective 5-11-09.
HB 1813 (Shannon/Branan): This measure modifies the size and weight
limitations by exempting vehicles utilizing idle reduction technology
equipment. Such equipment reduces fuel
usage and air emissions and these vehicles would be granted an additional four
hundred pounds (400 lbs.) to the total gross weight limits applicable to such
vehicles. Effective 11-1-09.
HB 1913 (Billy/Nichols): Designates a portion of Interstate 35 as the
“CWO2 Steven Shepard Memorial
Highway”.
Effective 4-27-09.
HB 2054 (Thompson/Marlatt): This measure deals with oversize and
overweight vehicles by authorizing the Dept. of Public Safety to issue an
annual permit to certain sized vehicles transporting loads that cannot
reasonably be dismantled. The fee for such permit is $4,000.00. Effective 11-1-09.
The Department of Transportation received an
FY'10 expenditure authorization in the amount of $208,741,314. The
authorization is a .6% increase due to an increase in the State Transportation
Fund.
In addition to the State
Transportation Fund, ODOT also received $465 million in federal stimulus funds.
The federal stimulus package includes approximately $360 million for state
highway projects, $33 million for county road projects, $33 million for the
Association of Central Oklahoma Governments (ACOG), $22 million for the Indian
Nations Council of Governments (INCOG) and $12 million for towns with a
population of less than 5,000 people.
ODOT will receive approximately
$360 million from the stimulus package for state highways and bridges. The highway projects scheduled for letting
have already been deemed necessary and had been previously scheduled in ODOT’s
8 Year Construction Work Plan. According
to the stimulus guidelines the first 50% of funds allocated to the state must
be contractually obligated and sub allocated within 180 days, and the next 50%
of funds must be contractually obligated and sub allocated within 1 year.
ODOT will also receive $39 million
for urban and rural public transit programs.
All federal funds for the urban areas will be distributed for buses in Oklahoma City, Tulsa, Norman, Stillwater and Lawton.
Veterans
& Military
Affairs
Measures
SB 712
(Gumm/Roan): Requires that American
and Oklahoma flags, on state property, be
flown at half-staff on days when a memorial service is held for Oklahoma service persons
that have been killed in combat. Effective
7-1-09.
SB 1137 (Coffee/Banz): Creates the Oklahoma American Civil War
Sesquicentennial Commission and the Oklahoma American Civil War
Sesquicentennial Revolving Fund to assist the Oklahoma Historical Society and
the Oklahoma History Center in preparing for and commemorating the 150th
anniversary of Oklahoma’s participation in the Civil War. Effective 11-1-09.
Department of Veterans Affairs Funding
The Department of Veteran Affairs was given a
standstill budget for FY’10, $40,282,600.
Workers’ Compensation Measures
SB 901 (Brown/Sullivan): Amends the schedule of compensation for
workers’ compensation injuries to require the average weekly wage to be
calculated by the Oklahoma Employment Security Commission each year instead of
every three years. Effective 11-1-09.
SB 1234 (Jolley/Cooksey): Clarifies that an employer or company that
has an Affidavit of Exempt Status, as allowed under the Workers’ Compensation
Act, from the person executing the affidavit is in compliance with Workers’
Compensation Act and the employer or company shall not be responsible for
workers’ compensation claims made by the executor. Effective 11-1-09.
HB 1003 (Kern/Brown): Modifies exemptions from the Workers'
Compensation Act to include a general or limited partnership, an association or
limited liability company, or an incorporator of a corporation if they are the
employer. Effective 11-1-09.
HB 1755
(Martin (Scott)/Jolley): Authorizing
CompSource Oklahoma
to develop a pilot program that will capture cost savings and improve services,
through exemption from certain purchasing and acquisition provisions. The
pilot program will last 3 years and will become permanent if the program remains
in existence and written authorization for continuation from the Governor is
provided during the 2012 legislative session. Effective 8-26-09.
HB 1963 (Benge/Aldridge): Creates a Task Force to examine issues
related to privatizing CompSource Oklahoma. The task force will have 9 members, will
identify the steps necessary for privatization, and will develop a plan to
convert CompSource Oklahoma
into a private insurance company. States
it is the intent of the Legislature that
CompSource Oklahoma be privatized no later than December 31, 2010, and requires
the task force to report its findings and recommendations by December 1, 2009. Effective 5-22-09.
Senate and House
Concurrent Resolutions
SCR 3 (Corn/Brannon): Honoring Bobby Taylor's military career and
service to veterans. Adopted 3-23-09.
SCR 6 (Brogdon/Sears): Commend Kelsey Cartwright, 2008 Miss Oklahoma. Adopted 3-24-09.
SCR 8 (Russell/Benge): Employee Free Choice Act-Urge the OK
Congressional delegation to oppose.
Adopted 3-30-09.
SCR 10 (Justice/Osborn): Praise the life and career of the late Dr.
Roy Troutt. Adopted 3-25-09.
SCR 11 (Easley/Sherrer): Commend the art of Willard Stone. Adopted 5-5-09.
SCR 12 (Coffee/Benge): Modify date of sine die adjournment-Set
deadline for conference committee reports.
Adopted 3-19-09.
SCR 13 (Johnson (Mike)/Miller): Require reporting on funds received or
anticipated pursuant to federal stimulus plan.
Adopted 3-19-09.
SCR 14 (Bingman/McNiel): Praise fallen volunteer firefighter John
Adams. Adopted 3-25-09.
SCR 16 (Newberry/Sullivan): Opposing global currency. Adopted 3-31-09.
SCR 17 (Reynolds/Key): Commend the Canine Good Citizen Program. Adopted 4-16-09.
SCR 19 (Leftwich/Christian): Commend the Oklahoma Sports Hall of Fame. Adopted 5-4-09.
SCR 23 (Branan/McDaniel (Randy)): Praise the life of John W. Nichols. Adopted 5-7-09.
SCR 24 (Sweeden/Fields): Honor America's first Boy Scout Troop
upon their 100th anniversary. Adopted 5-11-09.
SCR 25 (Newberry/Peterson): Honor Oral Roberts for his many contributions
to Oklahoma. Adopted 5-13-09.
SCR 26 (Aldridge/Sullivan): Urge Congress to oppose the National
Insurance Consumer Protection Act.
Adopted 5-19-09.
SCR 27 (Reynolds/Christian): Recognize the Vietnamese Freedom and Heritage
Flag. Adopted 5-15-09.
SCR 28 (Gumm/Buck): Honor Byron Self and Cheryl Myers for heroic
action entering burning house to rescue senior citizen. Adopted 5-13-09.
SCR 29 (Justice/DeWitt): Name the Oklahoma Department of Agriculture,
Food and Forestry complex the Clem Rogers McSpadden Agriculture Complex. Adopted 5-12-09.
SCR 33 (Coffee/Benge): Extend date and time of sine die adjournment
of 2009 session. Adopted 5-22-09.
HCR 1004 (Coody/Paddack): Internet-based Education Administration Task
Force-Create. Adopted 4-23-09.
HCR 1005 (McNiel/Bingman): Larry Eugene Caldwell Memorial
Bridge-Designate. Adopted 5-7-09.
HCR 1008 (Blackwell/Marlatt): Designating the Oklahoma Panhandle
State University
Centennial Corridor. Adopted 5-14-09.
HCR 1012 (Thompson/Bingman): Supporting the preservation of the hydraulic
fracturing exemption in the Safe Drinking Water Act. Adopted 4-16-09.
HCR 1014 (Rousselot/Garrison): Encouraging employers to allow veterans to
take Veterans Day off work with pay.
Adopted 5-14-09.
HCR 1017 (Peters/Anderson): Urging Congress to support the Calling for
2-1-1 Act. Adopted 5-5-09.
HCR 1019 (Benge/Bingman): Urging the US Environmental Protection Agency
to encourage the use of natural gas vehicles.
Adopted 5-14-09.
HCR 1025 (Morgan/Coates): Cowboy Heritage Month-Designate July 25,
2009, Day of the Cowboy. Adopted 5-20-09.
HCR 1026 (Jones/Coffee): Legislative opposition-Opposing lockage fee. Adopted 5-14-09.
HCR 1027 (Enns/Justice): Opposing proposed federal legislation known
as the Clean Water Restoration Act.
Adopted 5-20-09.
HCR 1028 (Key/Brogdon): Claiming sovereignty under the Tenth
Amendment to the United States Constitution.
Adopted 5-14-09.
HCR 1029 (Jones/Coffee): Requesting funding for the McClellan-Kerr Arkansas
River Navigation System. Adopted 5-14-09.
HCR 1030 (Martin (Scott)/Sparks):
Supporting participation in Amtrak feasibility study. Adopted 5-14-09.
HCR 1031 (Terrill/Nichols): Honor Court Appointed Special Advocates
Program and volunteers. Adopted 5-20-09.
HCR 1032 (Enns/Brogdon): Urging the U.S. Congress to oppose HR 45,
known as Blair Holt's Firearm License and Record of Sale Act. Adopted 5-14-09.
HCR 1033 (Kern/Newberry): Condemning the United Nations Convention on
the Rights of the Child. Adopted 5-14-09.
HCR 1034 (Terrill/Nichols): Proclaiming the month of May as Lupus
Awareness Month. Adopted 5-20-09.
HCR 1035 (Thompson/Bingman): Opposing the implementation of a
cap-and-trade system on greenhouse gas emissions. Adopted 5-22-09.
HCR 1036 (Thompson/Bingman): Urging the U. S. Congress to not reduce or
repeal tax incentives for domestic oil and natural gas. Adopted 5-22-09.
HCR 1037 (Cox/Rice): Encouraging the Department of Insurance to
create a Vaccination Ombudsman role.
Adopted 5-14-09.
HCR 1039 (Scott/Eason McIntyre): Expressing support of the Access to Postal
Services Act. Adopted 5-15-09.
HCR 1040 (Benge/Coffee): Modify the deadline for filing of first
conference committee reports. Adopted 5-12-09.
HCR 1041 (Coody/Barrington): Urge Congress to repeal the federal estate
tax or set certain exclusion amounts and tax rates. Adopted 5-20-09.
HCR 1042 (Smithson/Ballenger): Encouraging the sale of certain land owned by
the U. S. Army Corps of Engineers.
Adopted 5-20-09.
Senate and House Resolutions
SR 1 (Brogdon): Designate the first week of February 2009
International Networking Week. Adopted 2-3-09.
SR 2 (Corn):
Congratulate Henry Burris Junior of the Calgary Stampede. Adopted 3-17-09.
SR 3 (Leftwich): Congratulate and commend the 2008 Jim Thorpe
Award winner Malcolm Jenkins. Adopted 2-9-09.
SR 4 (Corn):
Recognize the public service of Tommy Beavers. Adopted 2-10-09.
SR 5 (Newberry): Federal Freedom of Choice Act-Strongly
opposing. Adopted 2-5-09.
SR 6 (Coates):
Congratulate Wanda Jackson upon her induction into the Rock and Roll
Hall of Fame. Adopted 2-11-09.
SR 7 (Anderson): Commend impressionistic artist Amanda
LaMunyon. Adopted 2-10-09.
SR 8 (Adelson): Commend the President and Congress for their
support of the State Children's Health Insurance Program. Adopted 2-19-09.
SR 9 (Coffee):
Praising the career of John Greiner.
Adopted 3-17-09.
SR 10 (Corn):
Honor the memory of President Franklin D. Roosevelt. Adopted 3-5-09.
SR 11 (Lamb):
Thank Greg Lockhart for his
years of service. Adopted 2-16-09.
SR 12 (Johnson (Constance)): Congratulate former State Senator Angela Monson upon her election to head OK City
School Board. Adopted 2-19-09.
SR 13 (Lamb):
Congratulate Sam Bradford for winning the 2008 Heisman Award. Adopted 3-2-09.
SR 14 (Johnson (Constance)): Endorse curriculum and policy on teen dating
violence and abuse. Adopted 3-19-09.
SR 15 (Branan): Praise the life and career of J. Walter
Duncan, Jr. Adopted 2-25-09.
SR 16 (Anderson): Proclaim March 2009 American Red Cross Month. Adopted 3-4-09.
SR 17 (Newberry): Mourn the loss of Oklahoma native Paul Harvey. Adopted 3-3-09.
SR 19 (Sweeden): Encourage the PRCA to select Oklahoma for their event. Adopted 3-16-09.
SR 20 (Ivester): Commend the professional career of Lewis
McGee. Adopted 5-21-09.
SR 21 (Bingman): Commend Teri Malone, ANCOR National Employee
of the Year. Adopted 3-19-09.
SR 22 (Paddack): Congratulate East Central University in Ada on the occasion of
their 100th birthday. Adopted 3-26-09.
SR 23 (Justice): Proclaim March 24, 2009, Ag Day at the State
Capitol. Adopted 3-25-09.
SR 24 (Leftwich): Designate March 2009 as National Colon Cancer Awareness Month in the State of Oklahoma. Adopted 3-24-09.
SR 25 (Ballenger): Declare April 6-10, 2009, County Government
week in Oklahoma. Adopted 4-13-09.
SR 26 (Leftwich): Honor the 2009 inductees into the Oklahoma
Women's Hall of Fame. Adopted 3-25-09.
SR 28 (Coffee): Extend condolences upon the death of Jarita
Pyrl Bicknell Askins. Adopted 4-15-09.
SR 32 (Corn):
Mourn the loss of the late Ed Vandergriff. Adopted 4-2-09.
SR 33 (Justice): Proclaim April 6, 2009, 4-H Day at the State
Capitol. Adopted 4-7-09.
SR 34 (Sykes):
Praise the career of Senator Kenneth Landis Sr. Adopted 5-20-09.
SR 35 (Coffee): Commemorate the 29th anniversary of the
sister-state relationship between OK and Taiwan. Adopted 4-27-09.
SR 36 (Wyrick): Urge the promotion of Cuban-American trade. Adopted 5-11-09.
SR 37 (Paddack): Honor Garrett Thompson for his selection as a
Prudential Community Spirit Award winner.
Adopted 4-16-09.
SR 38 (Newberry): Honor the memory of the "Boogie Woogie
Bugle Boy”. Adopted 5-14-09.
SR 39 (Eason McIntyre): Designate April 21 "Breast Cancer
Awareness Day”. Adopted 4-22-09.
SR 41 (Coates): Commend Colonel William J. Finley. Adopted 5-20-09.
SR 42 (Russell): Disagree with President Obama's Administration's
characterization of vets and traditional American values. Adopted 4-23-09.
SR 43 (Rice):
Declare April 16, 2009, One Day Without Shoes. Adopted 4-20-09.
SR 45 (Aldridge): Commend the men and women of Tinker AFB for
their response to the May 3, 1999, tornado.
Adopted 4-30-09.
SR 46 (Schulz): Commend the public career of Greg Duffy. Adopted 5-5-09.
SR 47 (Jolley): Congratulate Dr. Wei Chen, Dr. Robert Terrell
and Sue Sasser. Adopted 5-6-09.
SR 48 (Gumm):
Commend the Choctaw Nation for winning the 2008 Freedom Award. Adopted 5-15-09.
SR 49 (Halligan): Commend President Trennepohl of OSU/Tulsa. Adopted 5-7-09.
SR 50 (Johnson (Constance)): Commend Dan L. Johnson upon the occasion of
his retirement. Adopted 5-20-09.
SR 51 (Reynolds): Congratulate James H. Nolen for his election
as President to the National Society of Accountants. Adopted 5-7-09.
SR 52 (Gumm):
Commend Southeastern Oklahoma
State University
upon their Centennial. Adopted 5-12-09.
SR 53 (Johnson (Constance)): Proclaim May as Lupus Awareness Month. Adopted 5-12-09.
SR 54 (Gumm):
Praise Leon Sherrer. Adopted 5-15-09.
SR 55 (Bingman): Praise the service of the late Senator John
Young. Adopted 5-19-09.
SR 57 (Branan): Honor Hobbes upon the occasion of his
retirement from the Oklahoma State Senate.
Adopted 5-21-09.
SR 58 (Garrison): Commend the military career of Colonel Perry
B. Woolridge. Adopted 5-21-09.
SR 59 (Lamb):
Protection of property and supplies of the Senate and duties of
President Pro Tempore for interim.
Adopted 5-22-09.
SR 60 (Branan): Congratulate Bethany First Church of the
Nazarene upon their 100th anniversary.
Adopted 5-21-09.
SR 61 (Corn):
Request a federal cemetery for the Enid,
Oklahoma, area. Adopted 5-20-09.
SR 62 (Mazzei): Commend James A. Mazzei for the support and
encouragement of his family. Adopted 5-20-09.
SR 63 (Sykes):
Honor the memory of Senator Wayne Holden. Adopted 5-20-09.
SR 64 (Newberry): Celebrate the life of the late Wayman Tisdale. Adopted 5-20-09.
SR 66 (Gumm):
Commend Wendell Blair, Regent, Murray State College upon the occasion of
his retirement. Adopted 5-21-09.
SR 67 (Jolley): Welcome the Apollo X Mission astronauts to Oklahoma. Adopted 5-20-09.
SR 68 (Corn):
Commend career of Roy Rogers, President, Oklahoma State Troopers Association. Adopted 5-22-09.
SR 69 (Sykes):
Commend the Westmoore
High School Pom and Cheer
Squad. Adopted 5-21-09.
HR 1001 (Lamons): Implement Blue Alert system. Adopted 2-12-09.
HR 1002 (Miller): Recognizing "The Oklahoma
Run" as the Oklahoma
State Land
Run Song. Adopted 3-30-09.
HR 1005 (Benge): House Rules; 52nd Oklahoma Legislature. Adopted 2-3-09.
HR 1006 (Reynolds): Rose Day at the State Capitol. Adopted 2-5-09.
HR 1007 (Denney): March 3, 2009, as Youth Arts Day; Youth Arts
Month. Adopted 3-4-09.
HR 1008 (Shannon): Guantanamo
Bay detention facility;
urging the President to refrain from transferring detainees. Adopted 2-16-09.
HR 1010 (Pittman): NAACP Day.
Adopted 2-25-09.
HR 1011 (Coody): Teen dating violence prevention. Adopted 2-26-09.
HR 1012 (Benge): Sam Bradford; commendation. Adopted 3-3-09.
HR 1013 (Jackson): Recognizing March as American Red Cross Month. Adopted 3-4-09.
HR 1017 (Steele): Proclaiming April 25, 2009, Kelsey Briggs Day. Adopted 4-20-09.
HR 1019 (Armes): Thanking Tyson Foods for donating food to Oklahoma. Adopted 3-25-09.
HR 1023 (Cooksey): Congratulating Lanette Miller on being
selected to participate in a NASA research flight. Adopted 3-17-09.
HR 1024 (Luttrel): Consumer Product Safety Commission; youth
all-terrain vehicles; lead-limit requirements.
Adopted 3-25-09.
HR 1026 (Sullivan): Nominating Sue Ann Derr for the 2009
Carter/Hellard Legislative Staff Award.
Adopted 3-24-09.
HR 1027 (Shannon): Boys & Girls Clubs Day. Adopted 3-26-09.
HR 1028 (Armes): Proclaiming March 24, 2009, as Agriculture
Day at the State Capitol. Adopted 3-25-09.
HR 1029 (Thomsen): 100th Birthday of East Central
University. Adopted 3-26-09.
HR 1031 (Billy): Choctaw Code Talkers of World War I,
commendations. Adopted 4-2-09.
HR 1033 (Armes): Proclaiming April 6, 2009, as 4-H Day. Adopted 4-7-09.
HR 1034 (Jackson): Honoring Charles E. Taylor; designating
Aircraft Maintenance Technicians Day.
Adopted 5-7-09.
HR 1035 (Cannaday): Commending the life of John Hope Franklin. Adopted 4-9-09.
HR 1036 (Billy): County
Government Week. Adopted 4-9-09.
HR 1037 (Trebilcock): Proclaiming April 8, 2009, as National Start!
Walking Day. Adopted 4-9-09.
HR 1038 (McAffrey): Social workers; recognizing the
contributions; encouraging young people to become social workers. Adopted 4-20-09.
HR 1040 (Kiesel): Commending Jim Craycraft. Adopted 4-20-09.
HR 1043 (Peterson): Disapproving the Homeland Security’s
assessment report concerning Rightwing Extremism. Adopted 4-30-09.
HR 1044 (Cox):
Grand Lake of the Cherokees Watershed Alliance
Foundation; importance of commitment.
Adopted 5-5-09.
HR 1049 (Benge): Extending commendation and appreciation to
Dr. Gary Trennepohl. Adopted 5-7-09.
HR 1050 (Morrissette): Promoting health and wellness efforts within Oklahoma’s state government. Adopted 5-11-09.
HR 1051 (Faught): Recognizing the service and dedication of
Ronia Davison. Adopted 5-6-09.
HR 1053 (McMullen): Public Service Recognition Week; State
Employees Recognition Day. Adopted 5-7-09.
HR 1054 (Denney): Proclaiming Thursday, May 7, 2009, to be
National Wear Red Day. Adopted 5-12-09.
HR 1055 (Reynolds): Observing May 7, 2009, as the National Day of
Prayer. Adopted 5-12-09.
HR 1056 (Roan): Requesting the Department of Transportation to
conduct certain study. Adopted 5-14-09.
HR 1057 (Armes): Congratulating the Oklahoma wine industry. Adopted 5-14-09.
HR 1058 (Fields): Congratulating the City of Wynona on the one-hundredth anniversary of
its founding. Adopted 5-18-09.
HR 1060 (Sullivan): Proclaiming May 2009 National Foster Care
Month. Adopted 5-19-09.
HR 1061 (Benge): Commemorating the 29th anniversary of the
sister-state relationship with Taiwan. Adopted 5-19-09.
HR 1062 (Shumate): Commending the life of Wayman Lawrence
Tisdale. Adopted 5-19-09.
HR 1063 (Derby): Opposition to promulgation of any rule
concerning the school hours policy.
Adopted 5-22-09.
Issue: Common
School Funding
State Question 744
Initiative Petition 391
Election Date: Pending proclamation by the Governor
Ballot Title (as re-written by the Attorney General):
The measure repeals a Section of the State Constitution. The repealed section required the Legislature
annually to spend $42.00 for each common school student. Common schools offer pre-kindergarten through
twelfth grade.
The measure also adds a new Article to the Constitution. It sets a minimum average amount the State
must annually spend on common schools.
It requires the State to spend annually, no less than the average amount
spent on each student by the surrounding states. Those surrounding states are Missouri, Texas, Kansas, Arkansas, Colorado and New
Mexico. When
the average amount spent by surrounding states declines, Oklahoma must spend the amount it spent the
year before.
The measure deals with money spent on day-to-day operations of the
schools and school districts. This
includes spending on instructions, support services and non-instruction
services. The measure does not deal with
money spent to pay debt, on buildings or on other capital needs.
The measure requires that increased spending begin in the first fiscal
year after its passage. It requires that
the surrounding state average be met in the third fiscal year after passage.
The measure does not raise taxes, nor does it provide new funding for
the new spending requirements.
Issue: Voter
Identification
State Question 746
Legislative Referendum 347
Originating Legislation: SB 692 (2009)
Principal Authors: Senator John Ford,
Representative Sue Tibbs
Election Date: November 2, 2010
Ballot Title (as re-written by the Attorney General):
This measure amends statutes relating to voting requirements. It requires that each person appearing to
vote present a document proving their identity.
The document must meet the following requirements. It must have the name and photograph of the
voter. It must have been issued by the
federal, state or tribal government. It
must have an expiration date that is after the date of the election. No expiration date would be required on
certain identity cards issued to persons 65 years of age or older.
In lieu of such a document, voters could present voter identification
cards issued by the County Election Board.
A person who cannot or does not present the required identification may
sign a sworn statement and cast a provisional ballot. Swearing to a false statement would be a
felony.
These proofs of identity requirements also apply to in-person absentee
voting. If adopted by the people, the
measure would become effective July 1, 2011.
Issue: Term Limits for Statewide Elected Officials
State Question 747
Legislative Referendum 348
Originating Legislation: SJR 12 (2009)
Principal Authors: Senator Randy Brogdon,
Representative Jason Murphey
Election Date: November 2, 2010
Ballot Title (as re-written by the Attorney General):
This measure amends Sections 4 and 23 of Article 6 and Section 15 of
Article 9 of the State Constitution. It
limits the ability of voters to re-elect statewide elected officers by limiting
how many years those officers can serve.
It limits the number of years a person may serve in each statewide
elected office. Service as Governor is
limited to eight years. Service as
Lieutenant Governor is limited to eight years.
Service as Attorney General is limited to eight years. Service as Treasurer is limited to eight
years. Service as Commissioner of Labor
is limited to eight years. Service as
Auditor and Inspector is limited to eight years. Service as Superintendent of Public Instruction
is limited to eight years. Service as
Insurance Commissioner is limited to eight years. Service as a Corporation Commissioner is limited
to twelve years.
Service for less than a full term would not count against the limit on
service. Years of service need not be consecutive
for the limits to apply.
Officers serving when this measure is passed can complete their
terms. All such serving officers, except
the Governor, can also serve an additional eight or twelve years.
Issue: Legislative Redistricting
State Question 748
Legislative Referendum 349
Originating Legislation: SJR 25 (2009)
Principal Authors: Senator Glenn Coffee,
Representative Chris Benge
Election Date: November 2, 2010
Ballot Title (as submitted to the Attorney General by the Legislature):
This measure amends
Sections 11A and 11B of Article 5 of the State Constitution. The measure would change the name of the
Apportionment Commission. The new name
would be the Bipartisan Commission on Legislative Apportionment. Currently, the members of the Apportionment
Commission are the Attorney General, the Superintendent of Public Instruction
and the State Treasurer. The membership
would be changed to seven members. The
voting members of the Commission would consist of equal numbers of republicans
and democrats. One democrat and one
republican would be appointed by the President Pro Tempore of the Senate. One democrat and one republican would be
appointed by the Speaker of the House of Representatives. One democrat and one republican would be
appointed by the Governor. The
Lieutenant Governor would be a nonvoting member. The Lieutenant Governor would serve as chair
of the Commission. Currently, at least
two members of the Commission are required to sign orders of apportionment. The measure would change the number to four
members.
Issue: Initiative
Petition Signature
Requirements
State Question 750
Legislative Referendum 350
Originating Legislation: SJR 13 (2009)
Principal Authors: Senator Randy Brogdon,
Representative Randy Terrill
Election Date: November 2, 2010
Ballot Title (as submitted to the Attorney General by the Legislature):
This measure would
amend Section 2 of Article 5 of the State Constitution. Under current law, eight percent of the
voters must sign an initiative petition for a legislative measure. Fifteen percent must sign for a
constitutional amendment. These
percentages are based on the state office receiving the highest number of votes
at the last General Election. This measure
would make the percentage based on the number of votes cast at the last General
Election for the Office of Governor.
Issue: English
Language
State Question 751
Legislative Referendum 351
Originating Legislation: HJR 1042 (2009)
Principal Authors: Senator Anthony Sykes, Representative Randy Terrill
Election Date: November 2, 2010
Ballot Title (as submitted to the Attorney General by the Legislature):
This measure amends the Oklahoma Constitution. It would add a new Article 30. This amendment states that English is the
common and unifying language of the state.
All official actions of the state would be in English, except as
required by federal law. No one would
have a cause of action against an agency or subdivision of the state for
failure to provide actions in any other language. The amendment could not be construed to
diminish or impair uses of Native American languages. The Legislature would be able to enact
related laws.
Issue: Judicial Nominating Commission
State Question 752
Legislative Referendum 352
Originating Legislation: SJR 27 (2009)
Principal Authors: Senator Patrick Anderson, Representative Daniel Sullivan
Election Date: November 2, 2010
Ballot Title (as submitted to the Attorney General by the Legislature):
The measure amends Section 3 of Article 7-B of the Oklahoma
Constitution. It amends sections that
set up the Judicial Nominating Commission.
This Commission chooses people to nominate for judge or justice if there
is a vacancy. The Commission sends the
names of three people to the Governor.
The Governor picks one of the three to fill the vacancy. This amendment would change the number of members
on the Commission from thirteen to fifteen.
It will allow the President Pro Tempore of the Senate to pick one member
and the Speaker of the House of Representatives to pick one member.
Issue: Workers’ Compensation Court Judges
State Question 753
Legislative Referendum 353
Originating Legislation: HJR 1041 (2009)
Principal Authors: Senator Clark Jolley, Representative Chris Benge
Election Date: November 2, 2010
Ballot Title (as submitted to the Attorney General by the Legislature):
This measure would amend the Oklahoma Constitution. It would amend Section 1 of Article 7. This section deals with judges and justices. This includes judges on the Workers’ Compensation
Court. This measure will require that
the Senate approve any person chosen by the Governor to fill a position on the
Workers’ Compensation Court.
Issue: State
Government Expenditure
Limitations
State Question 754
Legislative Referendum 354
Originating Legislation: HJR 1014 (2009)
Principal Authors: Senator Todd Lamb, Representative Leslie Osborn
Election Date: November 2, 2010
Ballot Title (as submitted to the Attorney General by the Legislature):
This measure amends
the Oklahoma Constitution. It would add a new Section 55A to Article 5. It relates to the state budget. It relates to the ability of the Legislature
to spend money each year. It would allow the Legislature to make decisions
about the state budget. The Legislature
would be able to decide how much money to spend each year. The Legislature would not be required to
spend a certain amount of money for any one government service or
function. If this amendment is adopted,
the Oklahoma Constitution could not require the Legislature to do this. If this amendment is adopted, the Oklahoma
Constitution could not require the Legislature to make spending decisions based
on how much money any other state spent.
SB 4 (Ford/Tibbs): Would have extended early voting for General
Elections and required proof of identity to be presented in order to vote.
Vetoed 4-8-09: Veto message states “The right to vote is
among our most precious freedoms, guaranteed to all eligible U.S. citizens
regardless of their race, gender, religion, income level or social status, and
policymakers must be especially careful when tinkering with this fundamental
right. By mandating new identification requirements, Senate Bill 4 would have
established an unnecessary impediment to exercising this most basic freedom in
conflict with Article III, Sec. 5 of the Oklahoma Constitution which states,
“All elections shall be free and equal. No power, civil or military, shall ever
interfere to prevent the free exercise of the right of suffrage, …” A small but
still important minority of registered voters, many of whom are senior citizens
or the working poor, do not have easy access to an official form of
identification, and, therefore, could be discouraged from participating in the
electoral process by the restrictions contained in SB 4.
Respected, non-partisan advocacy organizations
such as the League of Women Voters and the American Association of Retired Persons
oppose voter identification laws, citing projections that as many as 21 million
eligible voters, including 78,000 in Oklahoma,
do not have appropriate identifying credentials and could be negatively impacted
by such legislation.
Oklahoma
already has a model state election system, one that has earned national praise
for its accuracy and efficiency and has operated without the taint of voter
fraud. It is not in the best interest of the election system or Oklahoma citizens for
the Legislature to enact new participation requirements for registered voters
and additional and potentially confusing verification duties for election workers
that could cause undue delays and longer waiting lines at the polls,
potentially discouraging even more citizens from voting.
At a time when it is difficult to attract
more than half of the registered voters to the polls at any given election, we
must make voting easier and more convenient for registered voters, not more
difficult and confusing”.
SB 490 (Crain/Sullivan):
Modifies the number of persons required to bring a taxpayer-instituted
lawsuit against a political subdivision to 1/10 of 1 percent of the population
that resides in such subdivision.
Vetoed 5-22-09: Veto message states “It is critical for Oklahoma taxpayers to
have the ability to seek legal redress when they feel their state or local
government has acted improperly, and taxpayer lawsuits provide an important
check against public corruption, abuse and fraud. By raising the threshold necessary
to file a taxpayer lawsuit, SB 490 would take a backward step and make it more
difficult for citizens to hold public officials accountable”.
SB 586 (Ford/Shumate): Authorizes sponsorship of charter schools by
federally recognized Indian tribes when such schools are located in school
districts as provided in the Oklahoma Charter Schools Act and on property held
in trust for the benefit of the tribe.
Vetoed 5-13-09: Veto message states “that “Oklahoma tribal governments already have the
authority to create and operate their own schools. SB 586 is duplicative of the current law and
unnecessary”.
SB 609 (Lamb/Sullivan): Modifies the positions of the Workers'
Compensation Court and requires confirmation by the Senate of any gubernatorial
appointment to the Workers’ Compensation Court.
Vetoed 4-21-09: Veto message states that this bill "seeks to replace the successful, non-partisan judicial appointment
process of Oklahoma with the gridlocked,
highly-politicized process of Washington,
DC, where partisan disputes in
the Senate often delay judicial appointments and hinder the delivery of swift
and effective justice. In the workers compensation
system, such delays will ultimately cause undue expense and burden on injured
workers and Oklahoma
businesses, alike. Because the Oklahoma
system has functioned far better than the one in Washington, DC, it is not in
the best interest of the state or its citizens to adopt the flawed, federal
appointment process proposed in SB 609”.
SB 834 (Ford/Jones): Establishes the School
District Empowerment Program. Exempts participating school districts from
all statutory requirements and State Board of Education rules from which
charter schools are exempt under the Oklahoma Charter Schools Act. Allows districts to choose to comply with any
or all state laws, rules, or regulations from which a charter school is exempt.
Requires districts participating in the
program to continue to comply with certain specified requirements.
Vetoed 5-8-09: Veto message states “While local control is
an important component of a successful public education system, it is also
critical to have rigorous state standards in place to produce the highest
quality graduates and ensure achievement and accountability throughout the
system. Recognizing the importance of
such uniform standards, public and private sector leaders have advocated and implemented
numerous reforms in recent years to raise the academic bar for all students and
schools.
Senate Bill 834 would essentially turn
back the clock on much of that important progress and weaken landmark reforms
by allowing school administrators to create their own rules and ignore more
rigorous state standards, including, but not limited to, the smaller class size
mandates championed by former Gov. Henry Bellmon and Oklahoma voters in the historic
passage of House Bill 1017 in 1990. SB
834 would also endanger such worthy programs as full-day kindergarten and
alternative education in addition to making optional such critical personnel as
school librarians and counselors.
Furthermore, SB 834 does a deliberate disservice
to the backbone of the public education system, the public school teacher, by
weakening or eliminating educators’ rights and benefits, including due process
rights guaranteed under the constitution.
These provisions would also undermine ongoing efforts to attract and
retain the best and brightest teachers in Oklahoma, something that is critically important,
particularly for a state that is routinely recognized for having some of the
best educators in the nation.
At a time when we are working to send the
signal that Oklahoma
is serious about improving its education system and producing high-quality
graduates who can compete in the 21st Century global economy, it
would be a disastrous step backward to approve legislation that weakens state
standards, abolishes historic reforms and reduces rights and benefits provided
to teachers”.
SB 934
(Anderson/Schwartz): Exempts atypical
and typical antipsychotics from any preferred drug list or any product-based
prior authorization program in the drug utilization review of the Oklahoma
Health Care Authority. Makes an
exception for approved clinical reviews and edits and generic equivalents.
Vetoed 5-12-09: Veto message states that this legislation
“potentially undermines the ability of Oklahoma Health Care Authority administrators
to manage the Medicaid program and hold down pharmaceutical costs in the event
the science of administering these medications changes in the future”.
SB 1111
(Jolley/Jones): Creates the Educational
Accountability Reform Act. Transfers all
duties and responsibilities for the Oklahoma School Testing Program, the state
student record system (known as “The Wave”), Adequate Yearly Progress (AYP)
determination, and accountability functions from the State Department of
Education to the newly established Educational Quality and Accountability
Office, which will be governed by the Education Oversight Board. Modifies membership and appointments to the
Education Oversight Board.
Vetoed 4-29-09: Veto message states “To build the best
possible public education system, Oklahoma
must produce accurate and accessible student test data. Although proponents of SB 1111 are
well-meaning, the legislation falls far short of this important goal. While Senate Bill 1111 was billed as reform
to improve the current testing and information system, the final legislation
does nothing to address the root cause of the problem. Stripping the State Department of Education
of its current duties and transferring them to a different oversight entity
does not in and of itself achieve any real reform or progress. It simply creates a new bureaucracy and
additional operating costs without making any changes to the current testing,
assessment or data analysis and sharing processes.
More troubling from a constitutional perspective
is the proposed shift of control from the executive branch to the legislative
branch. By granting legislative leaders
a majority of the appointments to the new administrative board, SB 1111
effectively puts the Speaker of the House and the President Pro Tempore of the
Senate in charge of state school testing programs and data systems, even
allowing the President Pro Tempore to select the board’s chairman. This transfer of power is in conflict with
the constitution’s separation of powers doctrine, as the Legislature cannot both
make policy and implement and carry out that policy.
Additionally, there was a lack of input
from education experts and other stakeholders in the development of this
legislation, which, ultimately, resulted in a lack of consensus on the
legislation. In recent years, we have
worked together in a bipartisan fashion and made great progress in raising
school standards and improving accountability, but it is also important to
improve Oklahoma’s
education testing and data systems.
Accordingly, I look forward to working with policy makers to embark on a
comprehensive and inclusive process to produce consensus legislation that
accomplishes this goal”.
SB 1123
(Sykes/Thompson): Limits liability for
an owner, employee, participant, member, guest or customer of a gun range, gun
shop or gun club, for injuries to any person engaged in firearm activities on
the premises of such range, shop or club when such injuries result from the
inherent risks of such activities.
Vetoed 5-22-09: Veto message states “It would strip an
individual of his right to seek legal redress for a negligent act committed
against him. Under this legislation, if a person was injured or killed at a gun
range because of the negligent act of another individual, the victim and the
victim’s family could not seek appropriate compensation in a court of law if
the committer had acted in a good faith, albeit negligent, manner. For that
reason, SB 1123 is unfair and unconstitutional”.
HB 1021
(Faught/Newberry): Limits recovery for
damages caused by a motor vehicle accident in which the plaintiff is not in
compliance with the Compulsory Insurance Law.
Vetoed 5-26-09: Veto message states “It is critical to
encourage motorists to carry liability insurance and penalize them when they do
not. However, HB 1021 goes too far in its penalties, taking away the basic
legal rights of an individual or family who is severely injured in an accident
that is not their fault. Under HB 1021, such innocent victims would be denied
appropriate compensation for damages simply because they did not have liability
insurance at the time the wrongful action occurred. While HB 1021 does contain
some exemptions designed to protect innocent parties, they are not inclusive
enough to cover the universe of potential victims. Policy makers should encourage
the purchase of liability insurance and penalize those who do not comply, but
stripping citizens of their basic rights is not an appropriate or effective
penalty. Additionally, this legislation is likely unconstitutional because it
disproportionately affects lower-income citizens”.
HB 1307
(Luttrell/Bass): Limits liability for
any physician providing medical services at an athletic event sanctioned
pursuant to the Oklahoma State Athletic Commission Act who is a ring official
at the event and renders or attempts to render emergency care to an injured
participant who is in need of immediate medical aid.
Vetoed 5-22-09: Veto message states “It would provide a
liability exemption to physicians who could earn compensation for their
services. Such liability exemptions eliminate accountability and should be
reserved for medical professionals who offer services on a volunteer basis”.
HB 1326
(Reynolds/Lamb): Prohibits any person
from conducting nontherapeutic research that destroys or puts at risk a human
embryo, transferring a human embryo with the knowledge that the embryo will be
subjected to nontherapeutic research, or using cells or tissues that the person
knows were obtained by performing activities in violation of this act.
Makes it a misdemeanor to violate this act. Effective 11-1-09.
Vetoed 4-22-09.
Veto message states that this legislation “would hinder life-saving efforts by
banning promising research that could yield new treatments or cures for cancer,
Alzheimer’s disease, diabetes, multiple sclerosis, arthritis, spinal cord
injuries and a variety of other ailments” and that it “criminalizes and
punishes a scientist who, with the couple’s consent, elects to conduct stem
cell research with an unused blastocyst before it is destroyed”.
HB 1570
(Schwartz/Paddack): Requires that
affidavit of merit be attached to the petition in any civil action for professional
negligence.
Vetoed 4-24-09: Veto message states “It is in direct conflict
with a recent Oklahoma Supreme Court decision and therefore, is unconstitutional.
In an 8-1 decision in 2006, the state’s highest court ruled that the cost associated
with certificates of merit placed an undue financial burden on citizens seeking
access to justice and served as a barrier to their constitutional rights. I
support efforts to reduce frivolous lawsuits, but because the court has already
spoken clearly on the certificate of merit issue, enacting this measure would
have been a wasteful exercise in futility”.
HB 1575
(Banz/Ford): Modifies provisions relating
to the Academic Achievement Award program.
Delays the deadline for payment of awards to recipients from January 31
to March 31. Modifies the definition of
qualified employees. Modifies award
categories and amounts. Utilizes a
three-year average of the Academic Performance Index (API) score for award determination.
Extends the time a teacher can be hired
on a temporary contract from 3 semesters to 5 semesters.
Vetoed 6-5-09: Veto message states “While I strongly support
the Academic Achievement Award program and the proposed improvements in HB
1575, other changes in Section 2 of the bill are problematic, amount to unconstitutional
logrolling, and fatally flaw the measure. Without explanation, the legislation
arbitrarily increases the time span that a teacher may be held under a
temporary contract, changing a longstanding employment provision and eroding
educators’ precious due process rights. I would encourage lawmakers to approve
new legislation with Section 2 deleted so I can sign into law the proposed improvements
for the Academic Achievement Award program”.
HB 1601
(Sullivan/Coffee): Prohibits attorneys
from deducting or withholding certain monies for the purpose of contributing to
certain funds, campaigns, or candidates.
Vetoed 4-22-09: Veto message states “While the concept of HB
1601 is commendable and one I support, the bill, as written, is clearly
unconstitutional. The Oklahoma Supreme Court has expressly held special legislation
that benefits or affects one class, profession or industry to be violative of
the constitution. Although HB 1601 may also infringe on free speech, it would
more likely be held to pass constitutional muster if it had applied to all
political deductions by all professions, businesses and industries. This defect was previously identified to bill
authors and could have easily been corrected by simply applying the
prohibitions in the bill to all professions rather than a single one. In fact,
at one time, HB 1601 contained such inclusive language, but it was removed
without explanation before final passage. If that language had remained intact,
HB 1601 would have been signed into law and would have more likely been held
constitutional. I urge lawmakers to pass a fair and effective comprehensive ban
on all political deductions”.
HB 1975
(Moore/Brown): Requires any bill which
would mandate a health coverage or offering of a health coverage as a component
of individual or group policies to be introduced only in an odd-numbered year
and passed by the Legislature only during an even-numbered year. Requires any such mandated health insurance
coverage legislation to be submitted to an actuary who shall prepare a report
which assesses the financial impact of such coverage. Authorizes the Legislative Service Bureau to
enter into a contract with a person or entity to perform such required
actuarial services. Effective 11-1-09.
Vetoed 4-30-09: Veto message states “By mandating that
certain insurance legislation can only be introduced in odd-numbered years and
approved in even-numbered years of a legislative session, HB 1975 inexplicably
and unreasonably ties the hands of state policy makers on a very important
issue. The bill further restricts the
state’s ability to respond to emergencies by requiring a 75 percent
super-majority vote to lift the odd-even year restriction during an emergency
or other catastrophic event. This would
empower a small minority of legislators to thwart legitimate state efforts to
address a pressing public policy issue and ensure that the restriction would
rarely, if ever, be lifted. Furthermore,
because HB 1975 applies these restrictions only to legislation involving a
single issue, it raises legitimate concerns and questions regarding why one
subject area would be singled out for special treatment and is constitutionally
infirm. Oklahoma and its citizens are better served
when policy makers are allowed the freedom to address any pressing issue in the
Legislature without the hindrance of arbitrary restrictions”.
HB 2161 (Kern/Stanislawski): Prohibits school districts from allowing an
individual or organization to speak or distribute material at an in-service
teacher meeting for the purpose of influencing the results of an election for
state or local office, excluding school bond elections or political fundraising
for or against a candidate.
Vetoed 5-26-09: Veto message states “This legislation
encroaches upon freedom of speech and unduly interferes with the ability of
local school districts to control the content of local meetings. Additionally,
the bill is vague and ambiguous, potentially resulting in numerous unintended
consequences and making dissemination of information by certain officials or
organizations a violation of law in one school district but not in another,
depending on the interpretation and discretion of unspecified local officials”.
HB 2167 (McCullough/Sykes): Creates the Private Attorney Retention
Sunshine Act to require and establish procedures for a request for proposal
process for retention of a lawyer or law firm on behalf of state; and requires
contract agencies to post on agency websites a statement that 120 days after
the contract for which the request for proposals has been awarded, any person
may obtain a copy of the request for proposal from the agency which prepared it
and the identity of all persons or entities to whom the request for proposal
was transmitted. Effective 11-1-09.
Vetoed
5-8-09: Veto message states “While HB
2167 is well intended and has many good provisions, the legislation potentially
does more harm than good because of its unintended consequences. Many state
agencies could easily comply with the contracting restrictions in question, but
for those agencies, such as Oklahoma Department of Transportation, that must
respond quickly to a lawsuit or that must execute a large volume of legal contracts
by virtue of their statutory responsibilities, such mandates would impair their
ability to respond to pressing legal issues or to timely complete crucial
projects, causing undue delays, increasing costs to the state and causing them
to miss court-imposed deadlines. The Legislature should consider legislation
that recognizes the unique statutory responsibilities of such adversely-impacted
agencies”.
HB
2176 (Nelson/Aldridge): Would have prohibited
chief executive officers or other administrative heads of agencies which may
issue licenses, or other persons exercising such authority, to solicit or
request support for or opposition to legislation from licensees. Exceptions would have been provided for
statewide elected officials and licensees who are members of the Legislature,
members of agency governing boards or task force members. The measure would not have prohibited
providing information regarding legislation.
The measure further would have penalized nonappropriated agencies
failing to file reports required under the Oklahoma Program Performance
Budgeting and Accountability Act.
Vetoed 6-5-09: Veto message states “This is to advise you
that on this date, pursuant to the authority vested in me by Section 11 of
Article VI of the Oklahoma Constitution to approve or object to legislation
presented to me, I have VETOED House Bill 2176.
All citizens, whether they are employed by the public or private sectors,
have the constitutional right to express their views on any issue they
choose. HB 2176 would prohibit certain
state employees from advocating for or against legislation pending before the
Oklahoma Legislature and authorize a felony charge and a prison term of up to
two years for anyone who runs afoul of the provision. This legislation is poorly worded, has severe
unintended consequences, and clearly stifles freedom of speech in direct conflict
with the First Amendment”.
HB
2246 (Terrill/Brogdon): Would have extended
the period for gathering signatures on initiative and referendum petitions from
90 days to one year. Only registered
voters would have been allowed to circulate petitions for signature, and
circulators would have been required to register with the Secretary of
State. Certain actions interfering with
the initiative and referendum process would have been prohibited and
misdemeanor and civil penalties would have been applied. The Initiative and Referendum Task Force
would have been created to examine the process and make recommendations for
legislation.
Vetoed 6-5-09: Veto message states “This is to advise you
that on this date, pursuant to the authority vested in me by Section 11 of
Article VI of the Oklahoma Constitution to approve or object to legislation
presented to me, I have VETOED House Bill 2246. While HB 2246 is designed to strengthen the
initiative petition process and contains several good provisions, the bill is
fatally flawed because of Section 3, a provision that grants additional rights
to petition circulators at the same time it takes away the rights of other
citizens. For example, Section 3 would
make it a crime for a person to interrupt a conversation between a circulator
and a potential signer, touch a petition or promotional material without the consent
of a circulator or shout in the presence of a circulator to express opposition
to their initiative. Such prohibitions
have the effect of discouraging and even criminalizing such basic constitutional
rights as free speech and freedom of assembly.
Section 3 also provides unscrupulous circulators with a cash incentive
to report such offensive speech or assembly by requiring offenders to pay the
complaining circulator $500 in statutory damages for each violation.
It is critical to have a fair and
accessible initiative petition process available to the people, but the
meritorious proposals in HB 2246 cannot overcome the harm caused by Section
3. In an effort to enact fair and
responsible reforms in the next legislative session, I will appoint an interim
task force to review the issues addressed in HB 2246 and work on language that
strengthens and improves the process without eroding the constitutionally guaranteed
rights of individual citizens”.
