Board of Governors on www.OKbar.org

Legislative Report — 56th Legislature


End of Session Report – Parts 1 & 2

By Duchess Bartmess

[July 11, 2015 and Aug. 15, 2015]    The 2015 legislation has drawn to a close. The time for the governor to act on all measures submitted for action has passed. Therefore, this report will include both measures designated to watch by the Legislative Monitoring Committee and other approved measures that are potentially of significance to Oklahoma Bar Association members and their clients.

Every OBA member is strongly encouraged to look at the measures listed, particularly in their area of practice.

GENERAL SUMMARY

Of 2,218 bills and joint resolutions introduced in the 2015 legislative session, the governor approved 398 bills and vetoed 17 bills. Pursuant to the various options applicable to actions regarding bills submitted to a governor, no bills became law without the governor's signature, no line item vetoes, no pocket vetoes, one veto overridden, and no attempted override of a veto failed. [Oklahoma Constitution, Article VI, Section 11]

In addition, two measures were adopted by the Legislature to be submitted to the voter to amend the Oklahoma Constitution. [Oklahoma Constitution, Article V, Section 2]

REPORT ON MONITORED BILLS

Prior to convening of the session, the Legislative Monitoring Committee met and designated 182 measures to be monitored and followed throughout the session. Of that number, 95 measures were approved and 10 measures were vetoed. All 95 measures will be addressed in this final report. Because of the volume of bills, the report will be published in two separate Oklahoma Bar Journal publications.

The governor vetoed the following bills being monitored:

HB 1046  Criminal procedure – modified restitution requirements.

HB 1149  Wills and succession – required strict application of in terrorem clause.

HB 1964  Civil procedure – mandated receiver liability for willful misconduct or gross negligence.

SB 41  Modified firearms act.

SB 346  Created the Governor's Transparency Act of 2015.

SB 410  Juvenile offenses – eligibility for youthful offender status.

SB 453  Related to reporting of stolen or converted motor vehicles.

SB 479  Required state agency to disclosure legal authority.

SB 563  Related to use of right-of-way by public utilities.

SB 788 – Marriage; establishing exception to certain requirements.

The governor approved the following bills being monitored:

Business Law Issues:

HB 1773  80-page bill amending Uniform Commercial Code.

SB 455  53-page bill amending Insurance Code reporting and procedures.

Civil Law Issues:

HB 1399  Authorizes increase in fee of secretary of state for apostille requested for each child for international adoption.

SB 215  Modifies application and bond requirements for notary public commissions.

SB 789  Addressed admissibility of medical bills in civil actions.

Courts:

HB 1477  Addresses electronic jury management system in the courts.

SB 98  Authorizes Council on Judicial Complaints to provide funding for programs for judges for the purpose of improving the quality of the Oklahoma judiciary for the administration of justice.

SB 111  Increases fine amount required in municipal courts for right to a jury trial in appeal to district court.

SB 548  Addresses salaries of judges, amounts and funding source.

SB 456  Authorizes new fee for courthouse security.

SB 459  Redistributes allocation of fees collected for the Council on Judicial Complaints Revolving Fund.

Criminal Law Issues:

HB 1263  Reimbursement of criminal record request fees and costs if granted.

HB 1391  Addresses firearms safety and training procedures.

HB 1460  Adds knives to authority of regulation of firearms provisions.

HB 1518  New law regarding sentencing for a criminal offense, the "Justice Safety Valve Act."

HB 1574  Adds to penalty authorized for conviction of drug trafficking.

HB 1630  Addresses procedures regarding contracting with private prisons.

HB 1806  Addresses testing for DUI and search warrant requests procedures.

HB 1855  Addresses conditions relating to community service and deferred judgment.

HB 1879  Provides alternative method for inflicting punishment of death.

HB 1911  Removes some knives from list of prohibited firearms.

SB 55  Adds elements to aggravated assaults on law enforcement officers.

SB 56  Deletes requirement for social security number on application to carry firearm.

SB 97  Requires local zoning approval prior to locating new correctional facilities housing.

SB 116  Addresses exceptions for contractors that house federal inmates and is monitored on-site by federal agency staff.

SB 140  Anti-Drug Diversion Act – permits access to central repository information.

SB 164  Eligibility for handgun license.

SB 219  Amends section 1289.23 of Title 21, regarding requirements applicable to off-duty police officers.

SB 234 Also amends section 1289.23 of Title 21, regarding requirements applicable to off-duty police officers.

SB 269  Office of Juvenile Affairs authority to transfer of juveniles.

SB 362  Addresses obstruction of an officer.

SB 412  Modifies definition of violent crime.

SB 637  Expands scope of rape, rape by instrumentation and sexual battery.

Property Law Issues:

HB 1120  Authorizes title insurance company to recover penalties.

HB 1123  Decreases time for filing release of mortgage after debt payment.

SB 443  Title insurance; establishing procedures for affidavit.

SB 774  Clarifies application of absolute power of alienation regarding real property.

Wills and Probate Issues:

HB 1772  Permits minor to contact bank if custodian fails to transfer property.

SB 109  Modifies authority and procedures regarding durable powers of attorney.

SB 725  Adds to circumstances prevent ability to inherit.

SB 745  Transfer-on-death deeds; clarifying application of recording requirements.    

Public Health and Safety Issues:

HB 1074  Creates "Right to Try Act" authorizing qualified patients to obtain investigational drug, biological product or device.

HB 1729  Creates Ashlen's Law.

HB 1948  Addresses access requirements regarding access to central repository controlled dangerous substances.

HB 2154  Creates "Katie and Cayman's Law."

SB 46  Addresses costs relating to applicants for license to fit hearing aids.

SB 128  Addresses applicable costs for requests for medical records.

SB 126  Authorizing Department of Health to outsource maintenance of Advance Directive Registry.

SB 642  Adds requirements to abortion control provisions.

Motor Vehicles Issues:

HB 1614  Creates "Transportation Network Company Services Act."

HB 1860  Authorizing submission of notarized affidavit for obtaining restricted license.

HB 1965  Creates "Trooper Nicholas Dees and Trooper Keith Burch Act of 2015" regarding texting restrictions while driving.

SB 183  Addresses restrictions and requirements regarding commercial motor vehicle operators.

SB 293  Provides procedures for public assistance and benefits applications by military personnel.

SB 326  Addresses Corporation Commission and Tax Commission duties regarding regulation of weights and measures applicable to petroleum products.

SB 372  Addresses requirements and penalties for driving without a license.

SB 542  Authorizes health care providers to provide epinephrine injections and authorizing physician to prescribe epinephrine auto-injectors.

SB 704  Authorizes Health Care Authority to file liens for burial expenses.

SB 715  Provides procedures for determining competency for commitment purposes.

Part two of this report will address the balance of committee-monitored bills and also some of the other bills approved which may have an impact on OBA members.        

You’ll find more information about the bills above at www.oklegislature.gov.

This report is part 2 of the Legislative Monitoring Committee end of session report.  Listed here are the balance of the measures being monitored by the committee which have been approved, other bills approved or vetoed which may be of interest to OBA members in their individual practices, and proposed constitutional amendments to be submitted to the vote of the people.

Sunset bills, appropriation bills and bills naming roads, bridges or highways are not addressed in this report.

APPROVED BILLS MONITORED BY LMC

Children and Family Law Issues:

HB1007  New law regarding obligation of religious official to solemnize a marriage.

HB1042  Shared parenting time child support provisions.

HB 1078  Definitions and independent living plan provisions in Children's Code.

HB 1079  Allows foster parent to submit report to court for review hearing.

HB 1273  Definition of sexual exploitation in Children's Code.

HB 1320  Amends provisions regarding termination of parental rights.

HB 1409  Time period regarding voluntary and informed consent prior to abortion.

HB 1438  Requires continuing education courses for hospice administrators.

HB 1463  Procedures regarding statewide stroke prevention system.

HB 1834
  Requires inquiry as to potential Indian lineage in regard to taking child into custody.

HB 1874  Licensing requirements for bail bondsmen.

HB 1918  Addresses court awarding custody to presumed father.

HB 2157  Enacts Family Support Accountability Act.

SB 292   Modifies definition of abuse regarding children.

SB 486  Addresses Uniform Interstate Family Support Act.

SB 60  Domestic violence issues including authorizing waivers and requiring training.

SB 511  Creates Advisory Council on child homelessness.

HB 1721  Creates "Oklahoma Unborn Child Protection from Dismemberment Abortion Act.”

HB 2166  Confidentiality of records of  Commission on Children and Youth.

SB 180  Guardians ad litem and court-appointment special advocates to meet with and observe child in appropriate settings, including current placement.  

General Government Issues:

HB 1032  Exception to participation in executive sessions regarding property sales.

HB 1044  Creates Oklahoma Auto Salvage Act of 2015.

HB 1122  Addresses stray markings on documents submitted for filing with county clerk.

HB1376  Relates to Public Employees Retirement System.

HB1484  Filing procedures for initiative and referendum petitions.

HB1567  Application of deductibles and co-payment or co-insurance provisions for state employees.

HB1681  Addresses procedures regarding the Government Tort Claims Act.

HB1749  Prohibits payroll deductions for membership in organization which collectively bargains on behalf of its membership.  

HB1902  Establishes civil immunity for removing child from motor vehicle using forcible entry.

HB 2182  Creates Incentive Evaluation Act.

SB 23  Open records exception for business information kept by higher education institution.

SB 28  Modifies requirements for state purchasing director.

SB114  State agencies to provide change of address information to State Election Board.

Natural Resources Issues:

HB 1514  Addresses interested property owner in Concentrated Animal Feeding Operations Act.

OTHER VETOED BILLS


The following measures were vetoed: 

HB1748  Public finance-imposed requirements for disclosure of federal funds and analysis.

HB1890  Addressed the Uniform Building Code Commission.

SB141  Motor vehicles fees for reports.

SB352  Public bidding authorized local bid preference.

SB549  Modifies salaries of certain officers.

SB591  Exceptions for professions and occupations apprentices for registration.

SB676  Procedures necessary to obtain state authority in Clean Air Act.

CONSTITUTIONAL AMENDMENTS

Two proposed constitutional amendments were adopted and sent to the secretary of state for submission to the people for a vote:

HJR1012  Regarding the right to engage in farming and ranching practices.

SJR31  Addresses the death penalty and methods of execution.

OTHER APPROVED BILLS BY CATEGORY

Children

HB 1118  Creates the Child Care Center Bill of Rights.

HB 1903  Provides exemption regarding children under age of 18.  

SB 115  Addresses criminal background checks for employees of medical foster homes.

SB 534  Creates Child Abuse Multi-disciplinary Team Account Fund and funding.

SB 721  Addresses trafficking in children.

Teachers

SB 20  Provides for certification of out-of-state teachers.

SB 706  Amends evaluation policies relating to teacher effectiveness.

SB 711  Expands reasons and procedures regarding teacher dismissal or non-re-employment.

Schools

HB 1268  Requirements for personal financial literacy passport for high school graduation.  

HB 1521  Exclusions regarding teacher compensation.

HB 1684  Requires schools to establish sexual abuse prevention programs.

HB 1691  Authorizes boards of education to contract with public or private nonsectarian entity to provide educational and administrative services for the school district.

HB 2014  Creates Special Reserve School Resource Officer Act.

HB 2069  Change of residency of children in foster care.

SB 5  Immunity from liability for education employees for use of reasonable force.

SB 505  Creates Statewide Virtual Charter School Board Revolving Funds.

SB 630  Procedures regarding reading proficiency in grades 1-3.

SB 782 Twenty-seven page bill regarding charter schools requirements.

Revenue and Taxation

HB 1400  Requires county sales tax levy submitted to county voters to embrace but one subject .

HB 1407  Ad valorem taxation assessment percentages and procedures.

HB 1743  Clarifies Ad Valorem Tax Code proper parties on appeal.

HB 2131  Repeals provisions in Business Activity Code.

HB 2235  Authorizes tax commission to contract for technology systems, information and services to authenticate income tax returns and identify fraudulent refund claims.

HB 2236  Voluntary compliance initiative.

SB 335  Requires detailed schedules of descriptions and corresponding values by taxing jurisdiction of all pipeline company property listed to be given to county assessor.

SB 336  Sales tax exemptions.

SB 575  Income tax refund checkoffs.

Motor Vehicles

HB 2179  Modifies provisional driver license requirements.

SB 34  Allows online renewal for licenses and identification cards.

SB 390  Modifies restrictions for graduate Class D licenses.

SB 451  Used motor vehicles.

SB 465  Lien release provisions on motor vehicle certificates of title.

Consumer Credit

SB 375  Addresses credit service organizations and pawnshop licensing.  

SB 376  Addresses administrative provisions pursuant to Uniform Consumer Credit Code.

SB 382  Procedures regarding supervised lenders.

Insurance  

HB 1515  New law regarding cancer therapy insurance claims.

SB 439  Regulation of insurance adjusters.

Labor

HB 1001  Employment Security Act of 1980 coverage, tax and exemptions.

HB 1375  Repeals Minimum Wage on Public Works.

HB 1969  New law creating Oklahoma Employment First Act.

Open Records

HB 1037  Adds to information to be available pursuant to Oklahoma Open Records Act.

HB 1103  New law regarding report of contagious or infectious animal diseases under Open Records Act.

Cities and Towns


HB 1322   New law regarding limits on cities and towns adoption of ordinances.

HB 1456  Owner consent procedures for annexation.

SB 399  Modifies requirements for filing for municipal office.

SB 438  Municipal Campaign Finance and Financial Disclosure Act procedures.

SB 809  New law authorizing regulation by municipalities and other political subdivisions on issues incidental to oil and gas operations within its boundaries.

Criminal Law


HB 1350  Stalking and victim protection orders.

HB 1396  Carrying a handgun applications.

HB 1548  Courts to review and modify sentences.

SB 101  Adds new provisions relating to eligibility for licensure of bail bondsmen.

SB 167  Zone of safety restrictions applicable to convicted sex offenders.

SB 578  Changes control of long-term care decisions to Department of Corrections.

SB 586  Authorizing bail bondsman of same insurer to assist with apprehension.

SB 764  Authority of community sentencing planning council.

Intoxicating Liquor

SB 178  Intoxicating beverages regarding persons 21 years old.

SB 420  Creates licenses for small farm wineries with authority to bottle and sell wine.

SB 425  Forty-four page bill adding types of intoxicating liquors licenses authorized.

SB 690  New law regarding brewer sales agreements.

Other Approved Bills of Note

HB 1577  Increases time allow landlord to return security deposit.

HB 2168 Twenty-eight page bill modifying license or certificate qualifications for several professions and occupations.

HB 2233  Supreme Court revolving funds.

SB 249  Adds to authority to State Board of Behavioral Health Licensure.

SB 312  Additional special election procedures and limitations.

SB 370  Adds regulation of accounting business office during sale or transfer.

SB 377  Creates Oklahoma Mortgage Secure and Fair Enforcement Licensing Act.

SB 417  New law adding procedures for Department of Agriculture regarding abandoned or stolen property.

SB 763  Creates Independent Living Act.

SB 767  Addresses Administrative Workers' Compensation Act.

As always, this is not a complete list of all new or amended laws coming out of this legislative session. That list of governor-approved legislation is available through www.oklegislature.gov for anyone to check for laws of special interest not listed in this final report.

Also, because 2015 was the first general session of the 55th Oklahoma Legislature, many measures introduced were not acted upon. They, pursuant to legislative rules, can be acted upon during the next general session in 2016. Any bills designated for the committee to monitor which are still considered active will continue to be watched in the next session.

Ms. Bartmess practices in Oklahoma City and chairs the Legislative Monitoring Committee. She can be reached at duchessb@swbell.net.

Resources

The Legislative Monitoring Committee focuses on the following measures:

administration of justice;
Court organization, selection, tenure, salary and other incidents of the judicial office;
  Rules and laws affecting practice and procedure in the courts and in administrative bodies exercising adjudicatory functions;
The practice of law
  OBA Bylaws Art. VIII Sec 3
 

Legislative Proposals and Endorsements in Principle:

The House of Delegates has the authority to place a measure on the Legislative Program or to endorse it in principle, with at least a 60% vote.
  OBA Bylaws Art. VIII Sec 5
 

Action by the Association upon proposals for improvement of the law by legislation or by judicial rule shall consist of:

Adoption as part of the Legislative Program of the Association;
Endorsement in principle.
  OBA Bylaws Art. VIII Sec 2