By Duchess Bartmess and Luke Abel
The 55th Oklahoma Legislature is now history with the sine die adjournment of the second session. For readers who may not recall, again this year more than 2,000 measures were introduced. Of that number, the Saturday Legislative reading day group met and designated over 600 measures to watch and monitor. All of the measures that have been enacted by the Legislature and signed by the governor will not be addressed here for obvious reasons. However, we have made an effort to report on those significant measures that could significantly affect the practice of OBA members.
VETOED BY THE GOVERNOR
HB 3159 Criminal procedure; time limitation for placing persons on parole docket.
The following is the report on measures that are or will soon become law:
FAMILY LAW ISSUES
HB 2431 Children; permanent guardianships.
HB 2483 Children; termination of parental rights.
HB 2484 Children; DHS custody and supervision.
HB 2491 Children; DHS notification of child abuse to military authorities.
HB 2621 Children; placing of siblings in same foster home.
HB 2757 Children; interest on past due child support.
HB 2963 Children; Adoption Code, regarding adoption expenses.
HB 2965 Child abuse reporting; recovery of damages, costs and fees.
HB 2971 Creates Child Welfare Review Committee for the death and near death of children.
SB 486 Marriage and family; modifies provisions of Uniform Interstate Family Support Act.
SB 902 Guardianship; prohibits certain persons from being appointed guardian.
SB 1327 Modifies provisions of Uniform Interstate Family Support Act.
SB 1370 Child abuse; requires Department of Human Services to notify certain entities.
CRIMINAL LAW ISSUES
HB 2275 DNA samples for testing from persons arrested on felony crime charges.
HB 2319 Regarding peace officers’ jurisdictional boundaries.
HB 2320 Modifies definition of terrorism.
HB 2398 Expanding scope of crime of forcible sodomy.
HB 2399 Criminal procedure; ex parte orders jurisdictional requirements.
HB 2397 Criminal procedure; modifying expungement categories.
HB 2425 Increases child prostitution age limit.
HB 2443 Increases time limitation for sentence modification.
HB 2472 Grants discretion to district attorneys to file misdemeanor charges.
HB 2479 Uniform Controlled Dangerous Substances Act penalty modification.
HB 2595 Grants courts authority to consider post-traumatic stress disorder.
HB 2747 Creates Oklahoma Blue Alert Act.
HB 2751 Modifies 20 penalty sections in Title 21.
HB 2934 Authorizes district attorneys to dismiss prosecutions.
SJR 31 Amending the Constitution; relates to the death penalty.
SB 38 Modifies parole requirements for medical release from DOC.
SB 55 Crime and punishment; aggravated assaults on law enforcement.
SB 167 Restrictions on convicted sex offenders; modifying zone of safety; modifying scope of residency rest.
SB 362 Relates to obstructing an officer; state certain allowances.
SB 412 Violent crime; modifies inclusions as violent crimes.
SB 637 Expands scope of rape, rape by instrumentation and sexual battery.
SB 1214 Verdicts; relates to acquittal on grounds of insanity; sentences; probation; reporting requirements.
HB 2352 Securities; modifying notice filing procedures.
HB 2715 Service warranties; modifying information required on service contracts.
HB 2761 Bill of 57 pages amending assorted provisions regarding insurance including but not limited to reports, contracts, Third Party Administrators Act and licensing.
HB 2996 Requiring insurance coverage to prove retention percentage.
SB 165 Outdoor advertising; relating to definitions for signs; standards; modifying minimum distance.
SB 195 Creates Voluntary Veterans’ Preference Employment Policy Act.
SB 370 Accounting; providing exception for succession of business by sale or transfer.
REVENUE AND TAXATION ISSUES
HB 2349 Regarding additional homestead exemption.
HB 2536 Small Business Administration Loan Guaranty program tax credits.
HB 2623 Gross production tax fee modifications.
HB 2774 Gross production taxes regarding reporting and distribution from unknown sources.
SB 85 Modifying time period and condition under which credits are allowed.
SB 247 Deleting conflicting provisions related to tax credits.
SB 336 Sales tax; providing exemption for certain nonprofit entities or organizations.
SB 1582 Income tax credits; limits amount of credits allowed for investment in depreciable property.
SB 1603 Income tax credit; limits time period during which certain credit shall be allowed.
SB 1604 Income tax credit; limits time period during which certain credit is refundable.
SB 1605 Income tax credit; prohibits use of tax credits for certain entities providing child care.
SB 1606 Income tax adjustments; requires amounts deducted on federal return be added to Oklahoma.
HB 3024 Creating cause of action in regard to the Catfishing Liability Act of 2016.
HB 3104 Garnishment; requires judgment creditor to pay garnishee directly for costs.
HB 3160 Authorizes courts authority to waive outstanding fines, costs and fees.
SB 459 Fees for civil cases; modifies certain assessments.
SB 789 Clarifies admissibility of the amount of claimed medical expenses.
SB 874 Probate procedure; increases limitation on valuation of certain property.
SB 1095 Volunteer immunity; provides exemption from liability for certain acts.
SB 1113 Asset forfeiture; requires payment of fees, costs and interest to prevailing party in action.
HJR 1012 Amending the Constitution, regarding farming and ranching practices.
HB 2303 Regarding well plugging fund.
HB 2357 Storage tanks; changes in definition of hazardous substances.
HB 2444 Pipeline safety; modifies penalties for violations.
HB 2446 Regarding protection of waters of the state.
HB 2646 Granting agriculture producers exemptions regarding drought conditions.
HB 3158 Granting corporation commission emergency action authority.
SB 208 Environment and natural resources; modifying fee for waste disposal in underground injection wells.
SB 809 Oil and gas; authorizes regulation by municipalities, counties and other political subdivisions.
HB 2272 Creates Military Privacy Protection Act.
SB 114 Authorizing state agencies to provide change of address information to State Election Board.
SB 312 Modifying dates upon which elections may be held by political subdivisions.
SB 313 Provides for electronic voter registration; provides procedures.
SB 399 Modifies requirements for filing for municipal office.
SB 1108 Modifies information to be printed on ballots.
HB 2261 Changes in definitions in American Indian Arts and Crafts Sales Act of 1974.
HB 2510 Open records; addresses confidentiality of Social Security numbers.
SJR 4 Amending the Constitution; relates to balancing the federal budget.
SJR 68 Amending the Constitution; relates to alcoholic beverages.
SJR 72 Amendment to repeal Section 5 of Article II of the Oklahoma Constitution; allows public money to be used for religious purposes.
SB 23 Open records; providing exception for business information kept by higher education institutions.
SB 98 Council on Judicial Complaints; authorizing funding and contracting for certain purposes.
SB 219 Off-duty police officers; modifying certain requirements.
SB 297 Oklahoma Historical Society; creating the Heritage Preservation Act.
SB 548 Judicial officers; modifies procedure for determination of compensation.
SB 725 Wills and succession; expands offenses which prevent a person from inheriting or benefitting.
SB 767 Modifies provisions of the Administrative Workers’ Compensation Act.
HB 2448 Texting while driving.
HB 2449 Regulations regarding approaching vehicles with flashing lights.
HB 2555 Regarding multiple convictions of driving under the influence.
SB 183 Driving privileges; commercial motor vehicle operators; modifying restrictions, definitions.
SB 246 Motor vehicle registration; modifying requirement and procedure related to security verification of coverage.
SB 255 Creates definition of autocycle; stating registration and exceptions.
SB 322 Authorizing temporary reduction of speed limit; annual overweight permits.
SB 390 Modifies restrictions for graduate Class D licenses.
Although this report is limited to addressing the bills and joint resolutions the Legislative reading day group designated as needing to be tracked throughout the session, there are certainly other measures that may be of particular interest to the practitioner in their individual practice. All measures adopted and signed by the governor are filed with the Oklahoma secretary of state. OBA members are encouraged to check with that office for other specific measures which may be of particular interest to the individual practitioner.
Duchess Bartmess practices in Oklahoma City and chairs the Legislative Monitoring Committee. Luke Abel is an attorney at Abel Law Firm in Oklahoma City, who serves as the vice chairman of the Legislative Monitoring Committee.