By John Morris Williams, OBA Executive Director

With six weeks left of the session, most bills have passed out of committee or have become dormant. At the writing of this update, the House of Representatives has one more week of hearings scheduled. After that deadline, all bills from the Senate that were not favorably heard by a committee in the House of Representatives will become dormant. Senate committees have finished review of House bills. House bills that did not get heard or did not get a favorable vote in committee are dormant. As bills go from one house to the other, amendments are often made and the bill ends up in a Conference Committee with final language being worked out and voted on, or the bill dies in Conference Committee.

Most of the work for the next couple of weeks will be to get the remaining floor versions of the bills heard, and then for the remainder of the session, bills in conference will get greater attention. The Legislature is scheduled to adjourn on May 26, 2006.

The OBA bills are:

• HB 2962 •

Civil Procedure. Amends 5 O.S. § 5 to clarify if attorneys can assist persons appearing in court without entering an appearance in the case. Some judges have interpreted the language to be deleted to require an entry of appearance in a case if the lawyer provides any assistance. The bill deletes language which might not allow low income persons to seek the advise of an attorney on a limited basis without the attorney being obligated to continue representation beyond the scope of the client’s wishes. The current statute discourages attorneys from giving no cost or low cost services because it might force them to enter an appearance in the case and to perform services beyond what the lawyer and client agree.
Author: (H) Sullivan
Status: House Judiciary

• HB 2904 •

New law that applies the “mail box” rule to ad valorem protests and payments. Different counties in the state apply different standards. This bill would make uniform the rule and would ensure business and property owners that they have a standard throughout the state. Current practice in some counties requires that the payment or protest be received on a specific date. For out of town and out of state investors the mail is the most efficient method to pay or protest. There is no way for the taxpayer to prove when the payment or protest is received by the county officials. By allowing use of the mail box rule taxpayers can send the protest or payment by certified mail and prove when it was sent. Otherwise, taxpayers are at the mercy of an inconsistent system and the loss or misplacement of a timely submitted payment or protest, by the postal system or a county official, results in penalties to taxpayers who are trying to follow the law.
Author: (H) Ken Miller
Status: Revenue & Taxation. Committee substitute added to exempt tax sales. Bill was passed out of committee and will go to the House for a floor vote.

• SB 1901 •

Civil Procedure Amends 12 O.S. §§ 140.1 696.2., 696.3, 1083, 2004.1, and 2005. Sections 1-6 are OBA provisions. These provisions relate to who pays the new filing fee on transfers of a case. Relates to service of final judgment on parties. Provides for dismissal without prejudice of cases in which no pleading has been filed or action taken for after a year. Relates to service of a subpoena in a case pending out of state and subpoenas for production or inspection in cases pending outside of Oklahoma. These amendments clarify existing statutes and do no contain major revisions or changes in existing law. Other provisions of the bill relating to class actions are not OBA provisions and OBA has no position on such provisions.
Author: (S) Lerblance
Status: Passed Senate, House Judiciary

• HB 1499 •

Tax Commission Appeals. Create independent agency to review appeals from the Oklahoma Tax Commission.
Authors: (H) Benge, Bingman
Status: Bill passed out of House Appropriations General Government and Transportation sub committee and will need to be passed out of full committee before it can proceed for a vote on the House floor.

• SB 974 •

Uniform Trust Code. Amends existing trust code.
Authors: (S) Laster, (H) Morgan
Status: Bill is not scheduled for hearing in House Judiciary Committee and is likely to become dormant.

• HB 3108 •

Civil Procedure. Makes Small Claims Act Gender Neutral. Civil Procedure Amends 12 O.S. §§ 140.1 696.2., 696.3, 1083, 2004.1, and 2005. Determines who pays new filing fee on transfers of a case. Relates to service of final judgment on parties. Provides for dismissal without prejudice of cases in which no pleading has been filed or action taken for after a year. Relates to service of a subpoena in a case pending out of state and subpoenas for production or inspection in cases pending outside of Oklahoma. These amendments clarify existing statutes and do no contain major revisions or changes in existing law.
Author: (H) Morrissette
Status: Rules Committee Substitute. Bill has not been moved out of Rules committee and is likely to become dormant. It contains language identical to SB1901.

Additionally, the OBA Web site (www.okbar.org) has a link under the "Legal Research" tab to the Oklahoma Legislature Web site, which has full text of bills and current status information. The Legislature Web site can be accessed directly at www.lsb.state.ok.us/.