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.
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:
Criminal procedure – modified restitution requirements.
Wills and succession – required strict application of in terrorem clause.
Civil procedure – mandated receiver liability for willful misconduct or gross negligence.
Modified firearms act.
Created the Governor's Transparency Act of 2015.
Juvenile offenses – eligibility for youthful offender status.
Related to reporting of stolen or converted motor vehicles.
Required state agency to disclosure legal authority.
Related to use of right-of-way by public utilities.
– Marriage; establishing exception to certain requirements.
The governor approved the following bills being monitored:
Business Law Issues:
80-page bill amending Uniform Commercial Code.
53-page bill amending Insurance Code reporting and procedures.
Civil Law Issues:
Authorizes increase in fee of secretary of state for apostille requested for each child for international adoption.
Modifies application and bond requirements for notary public commissions.
Addressed admissibility of medical bills in civil actions.
Addresses electronic jury management system in the courts.
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.
Increases fine amount required in municipal courts for right to a jury trial in appeal to district court.
Addresses salaries of judges, amounts and funding source.
Authorizes new fee for courthouse security.
Redistributes allocation of fees collected for the Council on Judicial Complaints Revolving Fund.
Criminal Law Issues:
Reimbursement of criminal record request fees and costs if granted.
Addresses firearms safety and training procedures.
Adds knives to authority of regulation of firearms provisions.
New law regarding sentencing for a criminal offense, the "Justice Safety Valve Act."
Adds to penalty authorized for conviction of drug trafficking.
Addresses procedures regarding contracting with private prisons.
Addresses testing for DUI and search warrant requests procedures.
Addresses conditions relating to community service and deferred judgment.
Provides alternative method for inflicting punishment of death.
Removes some knives from list of prohibited firearms.
Adds elements to aggravated assaults on law enforcement officers.
Deletes requirement for social security number on application to carry firearm.
Requires local zoning approval prior to locating new correctional facilities housing.
Addresses exceptions for contractors that house federal inmates and is monitored on-site by federal agency staff.
Anti-Drug Diversion Act – permits access to central repository information.
Eligibility for handgun license.
Amends section 1289.23 of Title 21, regarding requirements applicable to off-duty police officers.
Also amends section 1289.23 of Title 21, regarding requirements applicable to off-duty police officers.
Office of Juvenile Affairs authority to transfer of juveniles.
Addresses obstruction of an officer.
Modifies definition of violent crime.
Expands scope of rape, rape by instrumentation and sexual battery.
Property Law Issues:
Authorizes title insurance company to recover penalties.
Decreases time for filing release of mortgage after debt payment.
Title insurance; establishing procedures for affidavit.
Clarifies application of absolute power of alienation regarding real property.
Wills and Probate Issues:
Permits minor to contact bank if custodian fails to transfer property.
Modifies authority and procedures regarding durable powers of attorney.
Adds to circumstances prevent ability to inherit.
Transfer-on-death deeds; clarifying application of recording requirements.
Public Health and Safety Issues:
Creates "Right to Try Act" authorizing qualified patients to obtain investigational drug, biological product or device.
Creates Ashlen's Law.
Addresses access requirements regarding access to central repository controlled dangerous substances.
Creates "Katie and Cayman's Law."
Addresses costs relating to applicants for license to fit hearing aids.
Addresses applicable costs for requests for medical records.
Authorizing Department of Health to outsource maintenance of Advance Directive Registry.
Adds requirements to abortion control provisions.
Motor Vehicles Issues:
Creates "Transportation Network Company Services Act."
Authorizing submission of notarized affidavit for obtaining restricted license.
Creates "Trooper Nicholas Dees and Trooper Keith Burch Act of 2015" regarding texting restrictions while driving.
Addresses restrictions and requirements regarding commercial motor vehicle operators.
Provides procedures for public assistance and benefits applications by military personnel.
Addresses Corporation Commission and Tax Commission duties regarding regulation of weights and measures applicable to petroleum products.
Addresses requirements and penalties for driving without a license.
Authorizes health care providers to provide epinephrine injections and authorizing physician to prescribe epinephrine auto-injectors.
Authorizes Health Care Authority to file liens for burial expenses.
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:
New law regarding obligation of religious official to solemnize a marriage.
Shared parenting time child support provisions.
Definitions and independent living plan provisions in Children's Code.
Allows foster parent to submit report to court for review hearing.
Definition of sexual exploitation in Children's Code.
Amends provisions regarding termination of parental rights.
Time period regarding voluntary and informed consent prior to abortion.
Requires continuing education courses for hospice administrators.
Procedures regarding statewide stroke prevention system.
Requires inquiry as to potential Indian lineage in regard to taking child into custody.
Licensing requirements for bail bondsmen.
Addresses court awarding custody to presumed father.
Enacts Family Support Accountability Act.
Modifies definition of abuse regarding children.
Addresses Uniform Interstate Family Support Act.
Domestic violence issues including authorizing waivers and requiring training.
Creates Advisory Council on child homelessness.
Creates "Oklahoma Unborn Child Protection from Dismemberment Abortion Act.”
Confidentiality of records of Commission on Children and Youth.
Guardians ad litem and court-appointment special advocates to meet with and observe child in appropriate settings, including current placement.
General Government Issues:
Exception to participation in executive sessions regarding property sales.
Creates Oklahoma Auto Salvage Act of 2015.
Addresses stray markings on documents submitted for filing with county clerk.
Relates to Public Employees Retirement System.
Filing procedures for initiative and referendum petitions.
Application of deductibles and co-payment or co-insurance provisions for state employees.
Addresses procedures regarding the Government Tort Claims Act.
Prohibits payroll deductions for membership in organization which collectively bargains on behalf of its membership.
Establishes civil immunity for removing child from motor vehicle using forcible entry.
Creates Incentive Evaluation Act.
Open records exception for business information kept by higher education institution.
Modifies requirements for state purchasing director.
State agencies to provide change of address information to State Election Board.
Natural Resources Issues:
Addresses interested property owner in Concentrated Animal Feeding Operations Act.
OTHER VETOED BILLS
The following measures were vetoed:
Public finance-imposed requirements for disclosure of federal funds and analysis.
Addressed the Uniform Building Code Commission.
Motor vehicles fees for reports.
Public bidding authorized local bid preference.
Modifies salaries of certain officers.
Exceptions for professions and occupations apprentices for registration.
Procedures necessary to obtain state authority in Clean Air Act.
Two proposed constitutional amendments were adopted and sent to the secretary of state for submission to the people for a vote:
Regarding the right to engage in farming and ranching practices.
Addresses the death penalty and methods of execution.
OTHER APPROVED BILLS BY CATEGORY
Creates the Child Care Center Bill of Rights.
Provides exemption regarding children under age of 18.
Addresses criminal background checks for employees of medical foster homes.
Creates Child Abuse Multi-disciplinary Team Account Fund and funding.
Addresses trafficking in children.
Provides for certification of out-of-state teachers.
Amends evaluation policies relating to teacher effectiveness.
Expands reasons and procedures regarding teacher dismissal or non-re-employment.
Requirements for personal financial literacy passport for high school graduation.
Exclusions regarding teacher compensation.
Requires schools to establish sexual abuse prevention programs.
Authorizes boards of education to contract with public or private nonsectarian entity to provide educational and administrative services for the school district.
Creates Special Reserve School Resource Officer Act.
Change of residency of children in foster care.
Immunity from liability for education employees for use of reasonable force.
Creates Statewide Virtual Charter School Board Revolving Funds.
Procedures regarding reading proficiency in grades 1-3.
Twenty-seven page bill regarding charter schools requirements.
Revenue and Taxation
Requires county sales tax levy submitted to county voters to embrace but one subject .
Ad valorem taxation assessment percentages and procedures.
Clarifies Ad Valorem Tax Code proper parties on appeal.
Repeals provisions in Business Activity Code.
Authorizes tax commission to contract for technology systems, information and services to authenticate income tax returns and identify fraudulent refund claims.
Voluntary compliance initiative.
Requires detailed schedules of descriptions and corresponding values by taxing jurisdiction of all pipeline company property listed to be given to county assessor.
Sales tax exemptions.
Income tax refund checkoffs.
Modifies provisional driver license requirements.
Allows online renewal for licenses and identification cards.
Modifies restrictions for graduate Class D licenses.
Used motor vehicles.
Lien release provisions on motor vehicle certificates of title.
Addresses credit service organizations and pawnshop licensing.
Addresses administrative provisions pursuant to Uniform Consumer Credit Code.
Procedures regarding supervised lenders.
New law regarding cancer therapy insurance claims.
Regulation of insurance adjusters.
Employment Security Act of 1980 coverage, tax and exemptions.
Repeals Minimum Wage on Public Works.
New law creating Oklahoma Employment First Act.
Adds to information to be available pursuant to Oklahoma Open Records Act.
New law regarding report of contagious or infectious animal diseases under Open Records Act.
Cities and Towns
New law regarding limits on cities and towns adoption of ordinances.
Owner consent procedures for annexation.
Modifies requirements for filing for municipal office.
Municipal Campaign Finance and Financial Disclosure Act procedures.
New law authorizing regulation by municipalities and other political subdivisions on issues incidental to oil and gas operations within its boundaries.
Stalking and victim protection orders.
Carrying a handgun applications.
Courts to review and modify sentences.
Adds new provisions relating to eligibility for licensure of bail bondsmen.
Zone of safety restrictions applicable to convicted sex offenders.
Changes control of long-term care decisions to Department of Corrections.
Authorizing bail bondsman of same insurer to assist with apprehension.
Authority of community sentencing planning council.
Intoxicating beverages regarding persons 21 years old.
Creates licenses for small farm wineries with authority to bottle and sell wine.
Forty-four page bill adding types of intoxicating liquors licenses authorized.
New law regarding brewer sales agreements.
Other Approved Bills of Note
Increases time allow landlord to return security deposit.
Twenty-eight page bill modifying license or certificate qualifications for several professions and occupations.
Supreme Court revolving funds.
Adds to authority to State Board of Behavioral Health Licensure.
Additional special election procedures and limitations.
Adds regulation of accounting business office during sale or transfer.
Creates Oklahoma Mortgage Secure and Fair Enforcement Licensing Act.
New law adding procedures for Department of Agriculture regarding abandoned or stolen property.
Creates Independent Living Act.
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 email@example.com.