Members

Second Session of the 55th Oklahoma Legislature Final Legislative Monitoring Committee Report

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.

BUSINESS ISSUES

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.

CIVIL PROCEDURE

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.

NATURAL RESOURCES

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.

ELECTIONS

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.

MISCELLANEOUS

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.

MOTOR VEHICLES

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.