fbpx

Oklahoma Bar Association

Home  |  Members  |  Resources  |  About

Legislative

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

Legislative Report - 57th Legislature

The First Regular Session of the 57th Legislature convenes on Feb. 4 and will end May 31, 2019.  The OBA Legislative Monitoring Committee meets regularly and is watching legislative activity.

Update on Reading Day Bills as End of Session Nears

By Angela Ailles Bahm

Happy springtime from the Legislative Monitoring Committee! The end of the session is slated to be May 31, aka Sine Die (which means in Latin “without day,” referring to the fact there will be no further meetings or hearings). By the time you see this article, the last deadline will have passed for the third reading in the opposite house, and legislation will be working its way through the house of origin in hopes to make it to the governor’s desk. (Every time I write one of these articles, I have the tune from the TV show Schoolhouse Rock in my head “I’m Just a Bill.”)

At the bottom of the article is the “original” list from Reading Day with only those bills that are still “live rounds” for this session. Others have not made it out of their house or out of committee. Remember that because the legislative session is bicameral, all bills filed this year will be available to be revived during next year’s session.

Our guest speakers during Day at the Capitol discussed several bills, some of which have been signed into law already by the governor. Attorney General Mike Hunter discussed “Francine’s Law” HB 2640. It is named after Francine Frost, a woman who went missing in Tulsa over 30 years ago. It would require all state agencies to include unidentified remains in a database called the National Missing and Unidentified Persons System (NamUs). This bill continues to advance.

Chief Justice Noma Gurich addressed HB 2366 which would realign the Supreme Court and the Court of Criminal Appeals from the current nine districts to five districts to match the current congressional districts. The bill effectively creates five districts from which Supreme Court justices would be selected and the other four would be at-large positions. Judge Thad Balkman discussed HB 2612, the “Unity Bill” which addresses many issues associated with medical marijuana. It was signed by the governor in March.

Other bills that have become law and were discussed by the governor’s General Counsel Mark Burget, deal with agency reform and accountability. SB 456, SB 457, HB 2480, HB 2479 and HB 2483 have all been signed into law and impact the ODOT, ODOC, OHCA, Department of Mental Health and Substance Abuse Services and the Office of Juvenile Affairs. Generally, the governor will choose the agency administrator and some members of the board.

The committee will be planning a Legislative Debrief Day, like we had in August last year. I anticipate it will be held again in August before the new laws become law, which is usually Nov. 1. As always if you have any suggestions on how to improve the Legislative Monitoring Committee, please let me know.

UPDATED READING DAY BILLS

Family Law Bills

  • HB 1276 Title 43 Child custody; provides court shall provide equal shared parenting time
  • HB 2270 Title 10 Relates to uniform parentage act and limitations of paternity actions
  • HB 1274 Title 10A Defines and addresses situational neglect
  • HB 2604 Title 10 A Pertains to perpetrator registry
  • HB 2189 Title 12 New law allows for alternative methods of providing testimony in criminal cases
  • HB 2091 Title 22 Increases number of members on Domestic Violence Fatality Review Board
  • HB 1061 Title 63 New law relating to Child Abuse Prevention Act and providing of information related to termination of parental rights
  • SB 833 Title 63 Modifies information to be gathered and incorporated into the annual report of the Office of Child Abuse Prevention
  • HB 1022 Title 10 New law creating the Task Force on Trauma-Informed Care
  • HB 1222 Title 16 Provides for effective conveyances by married grantors
  • SB 742 Title 63 Pertains to child abuse prevention and school districts

Criminal Law

  • HB 1019 Oklahoma criminal discovery code – access to discovery
  • HB 1030 Title 37A New law; alcoholic beverages; allows certain felons to possess an employee’s license
  • HB 1145 Pertains to expungements
  • HB 2019 New law broadens judicial discretion for pregnant women or caregivers

Estate Planning/Banking/General Business

  • SB 732 Title 14A UCC. Changes to dollar amounts from Reference Base Index
  • SB 737 Title 18 Adds real estate appraisers to Professional Entity Act
  • SB 204 Title 18 Includes a “natural person” as a “charitable organization”

Government Law

  • HB 1391 Title 74 Pertaining to fingerprinting and background checks
  • HB 1921 Title 62 New law; Oklahomans Virtually Everywhere Act
  • SB 179 Title 62 Provides for training employees as financial managers
  • SB 198 Title 74 New law; guidelines for social media

Civil Procedure/Courts

  • HB 1092 Provides for collection of attorney’s fees in small claims cases
  • HB 1332 Title 47 Allows ATVs to be driven on certain municipal and county roadways

Environmental/Natural Resources

  • SB 702 Title 27A New law requiring DEQ and Water Resources Board to share information in certain circumstances
  • HB 1403 Title 82 New law pertaining to “treasured stream”
  • HB 2474 Title 82 Disclosure and website of applications to Oklahoma Water Resources Board

Schools

  • HB 1065 Modifies definition of threatening behavior
  • SB 441 Pertains to length of school year

Indian/Real Estate Law

  • HB 1916 Title 60 New law prohibiting transfers of certain items of tangible personal property to public trust
  • HB 1220 Title 16 False affidavit shall result in award of costs and attorneys fees
  • HB 1223 Title 16 Pertains to claims and purchases of mineral interests
  • HB 2121 Title 60 Provides for notice relating to Uniform Unclaimed Property Act
  • SB 915 Title 16 Relates to remote online notarial acts
  • Also provided an update to the Stigler Act amendments in the lawsuit, Carpenter v. Murphy

Marijuana Law

  • HB 1100 Modifies certain prohibited acts; relates to Uniform Controlled Dangerous Substances Act

Ms. Ailles Bahm is the managing attorney of State Farm’s in-house office and also serves as the Legislative Monitoring Committee chairperson. She can be contacted through Communities or angela.ailles-bahm.ga2e@statefarm.com.