| HB1040 | Paraphrase: | modifies language related to the Smoking in Public Places and Indoor Workplaces Act. | ||
| Principal Authors: | Doug Cox (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1102 | Paraphrase: | makes an appropriation to the Oklahoma Health Care Authority. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 04/22/2010 | Current Status: | Failed Deadline | |
| HB1103 | Paraphrase: | makes an appropriation to the Oklahoma Health Care Authority. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 05/11/2009 | Current Status: | Failed Deadline | |
| HB1106 | Paraphrase: | makes an appropriation to the Department of Human Services. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 05/11/2009 | Current Status: | Failed Deadline | |
| HB1198 | Paraphrase: | authorizes the Oklahoma Healthcare Authority to transfer $30 million from the American Recovery and Reinvestment Act Fund to the CMIA Programs Disbursing Fund. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 05/22/2009 | Emergency: | Yes | |
| Status Date: | 05/22/2009 | Current Status: | Governor Action - Signed | |
| HB1199 | Paraphrase: | makes an appropriation to the Oklahoma Health Care Authority. It also makes an appropriation to the authority from the Tobacco Settlement Fund. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 05/11/2009 | Current Status: | Failed Deadline | |
| HB1216 | Paraphrase: | appropriates $ 1 million to the Department of Human Services for the child welfare program within the Children and Family Services Division. It also sets a budget limitation of $479,356,473 on the state appropriation to DHS. It authorizes DHS to spend $194,000 to administer an autism program; $300,000 for one-time construction at the Northern Oklahoma Resource Center of Enid; and $1.15 million to administer recommendations of the House of Representatives' performance audit. It states legislative intent that the Commission for Human Services continue to fund the Advantage Waiver program. The measure also authorizes DHS to expend $71,355,640 from the American Recovery and Reinvestment Act Fund. It sets forth procedures for setting provider rates. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 06/02/2009 | Current Status: | Governor Action - Signed | |
| HB1217 | Paraphrase: | makes an appropriation to the Department of Human Services. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 05/11/2009 | Current Status: | Failed Deadline | |
| HB1226 | Paraphrase: | sets a budget limitation on the $13,722,234 state appropriation to the Office of the Attorney General. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 06/02/2009 | Current Status: | Governor Action - Signed | |
| HB1227 | Paraphrase: | makes an appropriation to the Office of the Attorney General. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 05/11/2009 | Current Status: | Failed Deadline | |
| HB1311 | Paraphrase: | prohibits persons under age 18 from entering a designated smoking room. | ||
| Principal Authors: | Ken Luttrell (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1498 | Paraphrase: | prohibits individuals from taking into a jail or penal institution a cellular phone or electronic device capable of sending or receiving digital transmissions, subscriber identity module cards and batteries for cellular phones or any other cellular phone part or accessory. | ||
| Principal Authors: | Terry Harrison (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1530 | Paraphrase: | creates the Health Education Act and requires that school districts provide health education to students in either grade six, seven or eight. The measure allows the course to be taught in a separate semester health education course or integrated as part of other courses. It requires the teachers to be certified by the State Department of Education to teach health education, and the bill encourages school districts to work with community-based health organizations for the course. The measure also directs the health education instruction to be provided beginning with the 2011-2012 school year, but if a school does not employ a teacher certified to teach in health education that year, the school may delay implementation until the 2013-2014 school year. | ||
| Principal Authors: | Ann Coody (H), Clark Jolley (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 03/11/2010 | Current Status: | Bill Failed - House | |
| HB1603 | Paraphrase: | creates the Comprehensive Lawsuit Reform Act of 2009. It states that in any civil action for professional negligence, the plaintiff must attach to the petition an affidavit that includes a written opinion from a qualified expert that the claim has merit. If such an affidavit is not filed, a court may dismiss the petition without prejudice. It sets forth procedures for a plaintiff to request an indigency exemption from providing an affidavit of merit. It requires such person to submit an appropriate application and a nonrefundable application fee of $40. It allows a court to defer all or part of the fee. It directs the Supreme Court to promulgate rules governing determination of indigency by Dec. 1, 2009. The measure also states that a court may decline to exercise jurisdiction and stay, transfer or dismiss the action if it is in the best interest of justice and the convenience of the parties. It allows actions to be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or motion for summary judgment, whichever is first, or filing a stipulation for dismissal signed by all parties appearing in the action. It states that if a plaintiff files a notice of dismissal after discovery has commenced, the action will not be dismissed without prejudice without the consent of the defendant. The bill also modifies the language related to prejudgment interest, stating that beginning Nov. 1, 2009, prejudgment interest shall begin to accrue 24 months after the suit resulting in the judgment was commenced. It directs that postjudgment and prejudgment interest be calculated using a rate equal to the average U.S. Treasury Bill rate of the preceding calendar year. It allows parties to obtain a stay of enforcement of a judgment, decree or final order during the time in which an appeal may be commenced or while an appeal is pending in any court inside or outside of the state. It also prohibits bonds filed when seeking a stay of enforcement from exceeding $25 million. The measure exempts appeals of punitive damages from an appeal bond requirement. The measure adds language related to Medicaid reducing its recovery to take account of the cost of procuring the judgment or settlement, setting forth procedures for the Oklahoma Health Care Authority to seek recovery. The measure sets forth language related to computation of the recovery if a Medicaid payment is less than the judgment or settlement amount and computation of the recovery if Medicaid payments equal or exceed the judgment or settlement amount. It places an additional cap of 10 percent of the net worth of the judgment debtor on bonds in any action or litigation brought involving a signatory, successor of a signatory or affiliate of a signatory of the Master Settlement Agreement or the Smokeless Tobacco Master Settlement Agreement. The bill modifies language related to claims for relief, changing reference from $10,000 to a section of law under the U.S. Code. It prohibits damages sought in excess of $10,000 but less than that set forth in the U.S. Code from exceeding the amount set forth in the pleadings, unless a good-faith-based change in circumstances arises. The bill modifies the definition of "frivolous" for purposes of a court's determination of whether a claim is frivolous. It modifies language related to filings of class actions. It requires a court order determining a class action entered on or after Nov. 1, 2009, to define the class and the class claims, issues or defenses and appoint class counsel. It states that such orders are subject to a de novo standard of review by an appellate court reviewing the order. For certified classes, the court may direct appropriate notice to the class. It limits class membership on actions filed after Nov. 1, 209, to individuals or entities who are residents of the state or non residents who own an interest in property in the state that is relevant to the action or who have a significant portion of the nonresident's cause of action arising from conduct within the state. The measure also modifies language related to dismissal or compromise in class actions, stating that claims, issues or defenses of a certified class may be settled, dismissed or compromised only with the court's approval. It sets forth procedures for such motions filed after Nov. 1, 2009. It also sets forth new language regarding class counsel, stating that a court-certified class must appoint counsel. It allows a court to award reasonable attorney fees and nontaxable costs in a certified class action. The bill also modifies language related to opinion testimony, allowing a qualified expert to testify in the form of an opinion if the testimony is based on sufficient facts or data, is the product of reliable principles and methods and if the witness has applied the principles and methods reliably to the facts of the case. The measure modifies language related to joint and several liability. It makes inapplicable a requirement that a defendant be joint and severally liable for damages if the percentage of responsibility attributed to the defendant is greater than 50 percent on actions brought by or on behalf of the state. It removes language that previously exempted political subdivisions of the state and actions in which no comparative negligence was found to be attributable to the plaintiff. The bill also states that in any civil action arising from a claimed bodily injury, there is no limitation on an award for economic loss. It also modifies the cap on noneconomic damages, instituting a $400,000 cap on noneconomic damages for civil actions arising from a claimed bodily injury, regardless of the number of parties against whom the action is brought or the number of actions brought. The measure also states that upon establishment of a Health Care Indemnity Fund, any damages awarded that exceed the $400,000 limitation are to be paid from the fund; however, such provision does not apply to any action that accrues before the date of enactment of the fund, which is to be established pursuant to the recommendations of a task force. The fund is to include professional liability insurance coverage requirements in an amount no less than $1 million for physicians and maintain availability of $20 million annually. The measure states legislative intent to purchase reinsurance of up to $20 million to cover judgments through the fund. It states that there is no limit on noneconomic damages that may be awarded in civil actions arising from a claimed bodily injury resulting from professional negligence against a physician if a judge and jury finds by clear and convincing evidence that the plaintiff or injured person suffered permanent and substantial physical abnormality or disfigurement, loss of use of a limb, loss of or substantial impairment to a major body organ or system; or the plaintiff or injured person has suffered permanent and physical functional injury that prevents him/her from being able to independently care for himself/herself and perform life sustaining activities; or the defendant's acts or failures to act were in reckless disregard for the rights of others, grossly negligent, fraudulent or intentional or with malice. It places no limit on the amount of noneconomic damages that may be awarded in an action arising from claimed bodily injury not resulting from professional negligence against a physician if it is found by a preponderance of the evidence that one of the three previous scenarios existed. It also sets forth guidelines for the court to enter judgments for economic damages and noneconomic damages. In jury-tried actions, the jury is not to be instructed with regard to the limit on noneconomic damages. It states that the limits are not to apply to actions brought under the Governmental Tort Claims Act or actions for wrongful death. The measure also creates an eight-member Health Care Indemnity Fund Task Force to study a mechanism for creating a health care indemnity fund to pay a portion of damages awarded by a court or settled and approved by a court in professional negligence cases against physicians. It requires the task force to report its findings to the Senate president pro tempore and House speaker by May 1, 2011. It removes the language related to admission of evidence of a remarriage or social situation of a surviving spouse of a decedent in actions to recover damages for injuries resulting in death. The bill modifies the language related to evidence of violations of child passenger restraint system requirements, allowing admission of such evidence in a civil action or proceeding for damages unless the plaintiff is a child under age 16. It prohibits peer review information discovered pursuant to a claim of independent negligence against a health care facility from being used as evidence unless a judge or jury first find the professional to have been negligent in providing health care to the patient in the facility. It allows credentialing and recredentialing data to be used if the civil action claims alleges the health care facility was independently negligent as a result of permitting the health care professional to provide services. The bill creates the Uniform Emergency Volunteer Health Practitioners Act, allowing the Department of Health to limit, restrict or otherwise regulate the duration of practice, geographical areas, types of practice and any other matters of volunteer health practitioners. It allows volunteer health practitioners registered with a registration system and who is licensed and good standing to practice in Oklahoma while an emergency declaration is in effect. The measure creates a Common Sense Consumption Act, the intent of which is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with statutory and regulatory requirements. It states that no firearm manufacturer, distributor or seller who lawfully manufactures, distributes or sells firearms is liable to a person or entity, or to the estate, successors or survivors of either, for any injuries suffered, including wrongful death and property damage, because of the use of a firearm by another. It states a legislative finding that the unlawful use of firearms, rather than their lawful manufacture, distribution or sale, is the proximate cause of any injury arising from their unlawful use. It prevents an association from being liable to any person or entity for any injury suffered, including wrongful death and property damage, because of the use of a firearm sold or manufactured by any licensee who is a member of the association. The measure modifies language related to product liability, stating that a manufacturer or seller is not liable if the product is inherently unsafe and known to be unsafe by the ordinary consumer. The bill also creates the Asbestos and Silica Claims Priorities Act, establishing elements of proof for asbestos or silica claims, requiring a claimant in any civil action alleging an asbestos or silica claim to file a detailed narrative medical report and diagnosis with a claim. It requires such claimants with pending claims on Nov. 1, 2009, to file the written medical report and supporting test results within 180 days of Nov. 1, 2009, or within 60 days prior to the commencement of a trial, whichever comes first. It sets forth information that must be included in new asbestos or silica claims. It requires all asbestos and silica claims to be filed individually and prohibits claims on behalf of a group or class of persons. It sets forth other guidelines governing asbestos and silica claims. The bill also creates the Innocent Successor Asbestos-Related Liability Fairness Act, limiting the cumulative successor asbestos-related liabilities of an innocent successor corporation to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. It adds language relating to the Oklahoma Livestock Activities Liability Limitation Act, adding language related to agritourism activities. The measure also repeals language related to expert affidavits in medical liability actions, prejudgment interest and emergency powers regarding licensing and appointment of health personnel. It makes provisions of the bill severable, providing that if any part or provision is held void, it does not affect or impair the remaining parts or provisions. | ||
| Principal Authors: | Daniel Sullivan (H), Glenn Coffee (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 05/21/2009 | Current Status: | Governor Action - Signed | |
| HB1728 | Paraphrase: | eliminates legal exemptions for smoking rooms in buildings and smoking in bars or taverns and repeals law relating to their permission. | ||
| Principal Authors: | Doug Cox (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1790 | Paraphrase: | makes taking an unauthorized electronic communication device into a state penal facility a felony instead of a misdemeanor. | ||
| Principal Authors: | T.W. Shannon (H), Don Barrington (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 05/11/2009 | Current Status: | Failed Deadline | |
| HB1896 | Paraphrase: | makes it unlawful for a person or retailer to sell or distribute tobacco products or samples for commercial purposes. It makes it unlawful for any person or retailer to distribute any coupon or other item redeemable by buyers to obtain tobacco products or samples for free or less than basic cost. The bill creates a misdemeanor for electronically scanning information on a driver license or identification card, compiling or maintaining a database of scanned information or purchasing, selling or trading scanned information to market, advertise or solicit the purchase or use of tobacco products. | ||
| Principal Authors: | Doug Cox (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1958 | Paraphrase: | creates the Civil Justice Reform Act of 2009. | ||
| Principal Authors: | Chris Benge (H), Patrick Anderson (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 03/17/2009 | Current Status: | Dormant | |
| HB2029 | Paraphrase: | modifies language related to the Oklahoma Juvenile Code. It directs district attorneys to prosecute any case within the purview of the Oklahoma Juvenile Code. It modifies definitions to include "behavioral health," "behavioral health facility" and "responsible adult." It modifies the definition of "child" or "juvenile" to include any person under age 18, excluding those charged and convicted under the Youthful Offender Act or those certified as adults. It modifies language related to Office of Juvenile Affairs programs for children at risk of becoming delinquent. It directs OJA to provide intake and probation services for juveniles in all counties not having a juvenile bureau and parole services. The bill allows OJA to enter into agreements under the Interlocal Cooperation Act for delinquency and gang intervention and prevention programs. It modifies language related to the Juvenile Offender Tracking Program, including procedures for identifying juvenile offenders. It allows children who appear to be in need of treatment, as defined by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, to be admitted to a behavioral health treatment facility. It expands a county district court's jurisdiction to include an adult person living in the home of the child. It grants a county district court jurisdiction upon the filing of a petition alleging the child to be delinquent or upon the assumption of custody. The measure allows a juvenile proceeding to be filed before the child becomes 18 or within one year after the date of the 18th birthday if the underlying act would constitute a felony. The bill states that a child who is charged with having violated any state statute or municipal ordinance cannot be tried in a criminal action but in a juvenile proceeding, unless otherwise noted in the Juvenile Code. It directs a court to transfer a case to its juvenile division if it is determined that an alleged offense was committed when the person was a child. It requires a preliminary inquiry to determine whether the interests of the public or child require further court action to be taken. It allows an informal adjustment whereby the child agrees to fulfill certain conditions in exchange for not having a petition filed to be provided by an intake worker. The measure requires that a petition be filed and a summons issued within five judicial days of assumption of custody, or custody is to be relinquished to the parent or guardian. It sets forth requirements for filing such petition and summons. It allows a court to order that a child be examined for medical issues, including behavioral health diagnoses. It requires custodial interrogations of youthful offenders over age 16 to conform to the requirements of an adult interrogation. It directs the court to appoint counsel only upon the determination that the parent, guardian or legal custodian is indigent. It provides guidelines for a court to determine whether a child is delinquent or in need of supervision. It sets forth guidelines for a deferral of delinquency adjudication. It allows a court to order that a child participate in the Juvenile Drug Court Program. The measure prohibits an arrest or detention under the Juvenile Code or adjudication in a juvenile proceeding from being considered an arrest, detention or conviction for the purposes of employment, civil rights or statute, regulation, license, application or other purposes. It modifies language related to administration of the juvenile drug court program, including guidelines for a written treatment plan. It modifies language related to court-appointed referees and attorneys. It establishes requirements for municipalities in regard to juvenile offenses. It establishes guidelines for social records. It also repeals and recodifies several sections of Title 10, relating to children. | ||
| Principal Authors: | Kris Steele (H), Harry Coates (S) | |||
| Effective Date: | 05/21/2009 | Emergency: | Yes | |
| Status Date: | 05/21/2009 | Current Status: | Governor Action - Signed | |
| HB2343 | Paraphrase: | removes language related to a prohibition on smoking in buildings owned or operated by the state and the allowance of a smoking room. It prohibits smoking within 25 feet of the entrance or exit to buildings owned or operated by the state, a county or a municipality or buildings that contain spaces owned or operated by the state, a county or municipality. It removes certain exemptions allowed under the smoking ban, leaving in place the exemption granted workplaces within private residences except for licensed child care facilities; medical research or treatment centers if smoking is integral to the research or treatment; and any outdoor seating area of a restaurant. It removes the definitions of "health facility," "stand-alone bar," "stand-alone tavern" and "cigar bar" under the Smoking in Public Places and Indoor Workplaces Act. The measure also removes language allowing an employer to provide smoking rooms where no work is performed. It repeals statutory language related to smoking in gaming areas and simulcast wagering areas. | ||
| Principal Authors: | Doug Cox (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB2748 | Paraphrase: | states that all buildings, or portions thereof, owned by an educational facility as defined in the Smoking in Public Places and Indoor Workplaces Act are to be designated as nonsmoking. It also states that all campuses, buildings and grounds or portions thereof owned or operated by an institution within the Oklahoma State System of Higher Education may be designated as tobacco free, including smoking or smokeless tobacco, upon adoption of a policy stating the tobacco restrictions for the institution and the intent to enforce penalties for violations. It also states that smoking is prohibited within 25 feet of the entrance or exit of any buildings specified above. | ||
| Principal Authors: | Lee Denney (H), Jim Halligan (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/13/2010 | Current Status: | Governor Action - Signed | |
| HB2774 | Paraphrase: | creates the Clean Air in Restaurants Act. It authorizes the Department of Health to implement a rebate program to reimburse restaurants for 50 percent of the funds expended, minus depreciation costs, in establishing a designated smoking room prior to Nov. 1, 2010. It grants the rebate only for restaurants that convert to a completely smoke-free environment by Jan. 1, 2013. It directs the department to use proceeds generated by the Tobacco Prevention and Cessation Revolving Fund for the rebate program. The measure also creates the Oklahoma Certified Healthy Communities Act, directing the Department of Health to establish and maintain a program for the voluntary certification of communities that promote wellness, encourage the adoption of healthy behaviors and establish safe and supportive environments. It also creates the Oklahoma Healthy Communities Advisory Committee to work with the department to develop criteria for community certification. It directs the department and the committee to develop an online scoring system based on the criteria developed. It directs the program to recognize three levels of certification: basic, merit and excellence certifications. The bill also creates the Oklahoma Certified Healthy Schools Act, directing the Department of Health to establish and maintain a program for the voluntary certification of schools that promote wellness, encourage the adoption of healthy behaviors and establish safe and supportive environments. It creates the Oklahoma Health Schools Advisory Committee to work with the department to develop criteria for basic, merit and excellence certifications. The bill also allows the department to provide monetary awards for schools that earn certification, subject to available funding, to be used for the enhancement of wellness activities and the promotion of healthy environments. It also directs the department to develop an online application form for schools seeking to become certified. | ||
| Principal Authors: | Kris Steele (H), Clark Jolley (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 05/07/2010 | Current Status: | Governor Action - Signed | |
| HB3084 | Paraphrase: | makes it unlawful for the operator of a motor vehicle to smoke in the vehicle if a child under the age of 14 is also present in the vehicle. It states that probable cause for a violation is based solely upon a clear and unobstructed view by a law enforcement officer of a person smoking. It makes a violation a primary offense, authorizing the officer to pull the violator solely based on that violation. It establishes a fine of $200. It prohibits the Department of Public Safety from recording points on the individual's driver license for violations. | ||
| Principal Authors: | Cory T. Williams (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HJR1035 | Paraphrase: | proposes a constitutional amendment modifying appropriation limitations from the Tobacco Settlement Endowment Trust Fund. It directs that 10 percent of the fund is to be expended by the Legislature on adult stem cell research. In the Senate, the section calling a November 2009 special election was removed. In the Senate, the bill also was amended to allow the Oklahoma umbilical cord blood bank to be funded from the 10 percent of the fund. | ||
| Principal Authors: | John Enns (H), Clark Jolley (S) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 03/11/2010 | Current Status: | Failed Deadline | |
| SB0185 | Paraphrase: | sets a budget limitation of $13,722,234 on the state appropriation to the Office of the Attorney General. | ||
| Principal Authors: | Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 05/22/2009 | Current Status: | Second CCR Read - Senate | |
| SB0267 | Paraphrase: | allows funds of the Tobacco Settlement Endowment Trust Fund to be used for capital expenditures and operating expenses incurred by the University of Oklahoma Health Sciences Center and the Oklahoma State University College of Osteopathic Medicine for educational programs and residency training. | ||
| Principal Authors: | Brian Crain (S), Doug Cox (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 05/13/2009 | Current Status: | Governor Action - Signed | |
| SB0342 | Paraphrase: | clarifies procedures for written notice of disposal of unclaimed property and allows notice by publication in a newspaper permitted to print legal notices. | ||
| Principal Authors: | Brian Crain (S), Daniel Sullivan (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 05/22/2009 | Current Status: | Governor Action - Signed | |
| SB0398 | Paraphrase: | requires a deduction of $50 per month from the flexible benefit allowance granted employees to be put toward health insurance premiums. The bill allows that deduction to be reduced to $25 per month if the employee is certified as a non-tobacco user or qualifies for a wellness premium discount. The measure also creates the State Employee Wellness Premium Discount Program and establishes criteria for which employees can qualify for a $25 per month wellness premium discount. | ||
| Principal Authors: | Brian Crain (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0515 | Paraphrase: | creates a misdemeanor for electronically scanning information on a driver license or identification card, compiling or maintaining a database of such information or purchasing, selling, trading or disseminating such information to market, advertise, or solicit the purchase of tobacco products, including samples. | ||
| Principal Authors: | Jim Halligan (S) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 02/03/2009 | Current Status: | Senate Committee - Failed, Lack of Motion | |
| Committee: | Public Safety and Homeland Security (S) | |||
| SB0543 | Paraphrase: | defines "little cigar" as it relates to taxing tobacco products. | ||
| Principal Authors: | Brian Crain (S), John A. Wright (H) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 02/11/2010 | Current Status: | Stricken from the Calendar - Senate | |
| SB0608 | Paraphrase: | states that all revenue from fees and penalties collected from certain tobacco-related provisions of the Oklahoma tax code shall be apportioned to the Oklahoma Tax Commission Reimbursement Fund for administrative and data processing expenses incurred in connection with electronic reporting requirements. It also increases the annual fee for cigarette wholesaler and manufacturer licenses from $25 to $250 and establishes the form for applying for the license. The bill also eliminates references to cigarette warehousemen, jobbers and distributors. The bill also establishes the form and requirements to obtain a retail license for the sale of cigarettes. The bill prohibits the Oklahoma Tax Commission from issuing a license to a cigarette manufacturer, wholesaler or retailer who has been convicted of or entered a plea of no lo contender to a felony. The bill prohibits the sale of cigarettes from one licensed retailer to another licensed retailer and prohibits the purchase of cigarettes by a retailer for anyone other than a licensed wholesaler. The bill exempts Indian tribes from the licensing provisions. The bill eliminates an exemption allowing consumers pay an in-lieu of fee to buy untaxed cigarettes. The bill also clarifies language related to the transportation of cigarettes by commercial carriers. The bill also clarifies language related to record keeping by those subject to the cigarette tax and requires that reports be submitted electronically. The bill modifies the requirement for wholesalers to report shipments to Indian tribes to include licensees of the tribes. The bill also permits the Tax Commission to share records it seizes as part of investigations with state and local law enforcement authorities. The bill clarifies language related to unstamped cigarettes by individuals other than consumers. The bill also establishes a $200 fine for consumers who possess, consume or sale unstamped cigarettes. The bill sets an administrative fine of up to $10,000 for the first offense and not more than $25,000 for the second offense for wholesalers or retailers who violate certain provisions related the cigarette stamp tax. The bill requires the Tax Commission to revoke the license of wholesalers or retailers who violate certain provisions related to the cigarette stamp tax and prohibits the issuance of a new license for five years. The bill clarifies the definition of unstamped cigarettes to include cigarettes bearing an improper tax stamp. It also states that in the case of a nonparticipating manufacturer located outside of the United States, the certification shall certify that the nonparticipating manufacturer has provided a declaration from each of its importers. It provides for a $1,000 fee to be paid by the manufacturer, upon the submission of its yearly certification, to the attorney general. It states that any non-participating tobacco company or manufacturer that fails to comply shall not be included in the attorney general's directory. It requires companies listed on the directory to appoint an agent within the state. The bill also requires every dealer and wholesaler of tobacco products to obtain a license from the Tax Commission at a cost of $250. | ||
| Principal Authors: | Patrick Anderson (S), Mike Jackson (H) | |||
| Effective Date: | 01/01/2010 | Emergency: | No | |
| Status Date: | 06/02/2009 | Current Status: | Governor Action - Signed | |
| SB0666 | Paraphrase: | requires a court to appoint an independent attorney in class actions, if a request for award of attorney fees is made, and directs that the independent attorney be awarded reasonable fees on an hourly basis out of the proceeds awarded to the class. The measure requires that, when using an expert to prove liability, an affidavit regarding consultation with an expert must be filed within 60 days of filing a civil action petition. It requires Oklahoma Uniform Jury Instructions applicable in civil cases to include an instruction notifying the jury that no part of an award for damages for personal injury or wrongful death is subject to federal or state income tax and that compensation for personal injury or wrongful death should not be increased in consideration of taxes. The bill requires juries to render general verdicts, unless the parties requested particular findings of fact. It modifies language related to dismissals. It allows actions to be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or motion for summary judgment, whichever is first, or filing a stipulation for dismissal signed by all parties appearing in the action. It states that if a plaintiff files a notice of dismissal after discovery has commenced, the action will not be dismissed without prejudice without the consent of the defendant. The bill states that no prejudgment interest can begin to accrue until 36 months after the suit resulting in the judgment was commenced. It allows parties to obtain a stay of enforcement of a judgment, decree or final order during the time in which an appeal may be commenced or while an appeal is pending in any court inside or outside of the state. It also prohibits bonds filed when seeking a stay of enforcement from exceeding $25 million or $1 million if the party posting the bond is an individual or business with 250 or fewer employees on the date of judgment. The measure exempts appeals of punitive damages from an appeal bond requirement. It also decreases from 180 to 120 days the time limit for service of process to defendants before the action may be dismissed. The bill modifies the definition of "frivolous" for purposes of a court's determination of whether a claim is frivolous. It requires a court to include a potential member in the class only if the potential member so requests by a specific date. The bill allows a party seeking to recover upon a claim, counterclaim, cross-claim or declaratory judgment to move for summary judgment 20 days after the action commenced or after service of a motion for summary judgment by the adverse party. It allows a defending party to move for summary judgment at any time. The bill also modifies language related to opinion testimony by lay witnesses and allows expert witnesses to offer expert testimony only with respect to the field in which he/she is qualified. It requires the court to hold a mandatory pretrial hearing, if requested by a party, to determine whether a witness qualifies as an expert. In cases of professional liability, the bill allows a jury to award punitive damages, in addition to actual damages, only if the jury finds clear and convincing evidence that the defendant was guilty of intentional or gross negligence. The bill also modifies requirements for the calculation and payment of future damages. The measure removes a requirement that a defendant be jointly and severally liable for damages recoverable by the plaintiff if the percentage of responsibility attributed to the defendant is greater than 50 percent. If a plaintiff receives compensation for harm or injuries from an independent source, the bill requires that information be admitted as evidence and the amount of compensation deducted from the amount of damages the plaintiff recovers. The bill establishes a $300,000 noneconomic damages cap for any action not arising out of contract, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to personal injury. It directs the cap be adjusted annually based on positive increases in the Consumer Price Index. The cap could be lifted if a jury finds by clear and convincing evidence that the acts of the party causing damage were grossly negligent or committed intentionally and with malice. The cap would not apply to actions involving wrongful death. It requires plaintiffs seeking recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value or loss of inheritance to provide evidence of the loss after reduction for income tax payments or unpaid tax liability. The measure removes language that allows evidence of violations of child passenger restraint system requirements to be admitted as evidence in a civil action or proceeding for damages. It prohibits peer review information discovered pursuant to a claim of independent negligence against a health care facility from being used as evidence unless a judge or jury first find the professional to have been negligent in providing health care to the patient in the facility. The measure requires skilled nursing facilities participating in Medicaid to establish and maintain quality assessment and assurance committees and makes records of such committees confidential and privileged and not subject to discovery or subpoenas and persons associated with quality assessment and assurance committee records could not be required to testify. It prohibits statements of deficiencies or Minimum Data Set related documentation issued to a nursing facility from being admitted into evidence unless the determination is final. It also prohibits such data from being used to establish a standard of care or negligence. The measure creates a School Protection Act to allow teachers, principals and other school employees to take reasonable actions to maintain order and discipline. The bill states that anyone age 18 or older who acts with intent to falsely accuse an education employee of criminal activity would be guilty of a misdemeanor punishable by a fine of not more than $2,000. It states that anyone between age 7 and 17 who makes such an accusation would be subject to community service or other court sanctions, at the discretion of the court. The measure states that the limitation for bringing an action for damages based in tort would be eight years from the date of the act or omission. The bill also makes peer review information private, confidential and privileged but allows a peer review body to provide relevant information to a state agency or board that licensed the professional under review. The bill modifies language related to immunity from civil liability for volunteers, stating that being legally entitled to receive compensation for the service or undertaking performed shall not preclude a person from being considered a volunteer. The measure creates a Common Sense Consumption Act, the intent of which is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with statutory and regulatory requirements. It states a legislative finding that the unlawful use of firearms, rather than their lawful manufacture, distribution or sale, is the proximate cause of any injury arising from their unlawful use. The bill exempts from liability firearm manufacturers, distributors and sellers who lawfully manufacture, distribute or sell firearms in cases involving any injury suffered, including wrongful death and property damage, because of the use of a firearm by another. The measure repeals a section of the Oklahoma Mandatory Seat Belt Use Act relating to inadmissibility of evidence in civil actions of failure to use seatbelt and sections relating to limits on noneconomic damages in medical liability actions. | ||
| Principal Authors: | Anthony Sykes (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0743 | Paraphrase: | requires a court to appoint an independent attorney in class actions, if a request for award of attorney fees is made, and directs that the independent attorney be awarded reasonable fees on an hourly basis out of the proceeds awarded to the class. The measure requires that, when using an expert to prove liability, an affidavit regarding consultation with an expert must be filed within 60 days of filing a civil action petition. It requires Oklahoma Uniform Jury Instructions applicable in civil cases to include an instruction notifying the jury that no part of an award for damages for personal injury or wrongful death is subject to federal or state income tax and that compensation for personal injury or wrongful death should not be increased in consideration of taxes. The bill requires juries to render general verdicts, unless the parties requested particular findings of fact. It modifies language related to dismissals. It allows actions to be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or motion for summary judgment, whichever is first, or filing a stipulation for dismissal signed by all parties appearing in the action. It states that if a plaintiff files a notice of dismissal after discovery has commenced, the action will not be dismissed without prejudice without the consent of the defendant. The bill states that no prejudgment interest can begin to accrue until 36 months after the suit resulting in the judgment was commenced. It allows parties to obtain a stay of enforcement of a judgment, decree or final order during the time in which an appeal may be commenced or while an appeal is pending in any court inside or outside of the state. It also prohibits bonds filed when seeking a stay of enforcement from exceeding $25 million or $1 million if the party posting the bond is an individual or business with 250 or fewer employees on the date of judgment. The measure exempts appeals of punitive damages from an appeal bond requirement. It also decreases from 180 to 120 days the time limit for service of process to defendants before the action may be dismissed. The bill modifies the definition of "frivolous" for purposes of a court's determination of whether a claim is frivolous. It requires a court to include a potential member in the class only if the potential member so requests by a specific date. The bill allows a party seeking to recover upon a claim, counterclaim, cross-claim or declaratory judgment to move for summary judgment 20 days after the action commenced or after service of a motion for summary judgment by the adverse party. It allows a defending party to move for summary judgment at any time. The bill also modifies language related to opinion testimony by lay witnesses and allows expert witnesses to offer expert testimony only with respect to the field in which he/she is qualified. It requires the court to hold a mandatory pretrial hearing, if requested by a party, to determine whether a witness qualifies as an expert. In cases of professional liability, the bill allows a jury to award punitive damages, in addition to actual damages, only if the jury finds clear and convincing evidence that the defendant was guilty of intentional or gross negligence. The bill also modifies requirements for the calculation and payment of future damages. The measure removes a requirement that a defendant be jointly and severally liable for damages recoverable by the plaintiff if the percentage of responsibility attributed to the defendant is greater than 50 percent. If a plaintiff receives compensation for harm or injuries from an independent source, the bill requires that information be admitted as evidence and the amount of compensation deducted from the amount of damages the plaintiff recovers. The bill establishes a $300,000 noneconomic damages cap for any action not arising out of contract, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to personal injury. It directs the cap be adjusted annually based on positive increases in the Consumer Price Index. The cap could be lifted if a jury finds by clear and convincing evidence that the acts of the party causing damage were grossly negligent or committed intentionally and with malice. The cap would not apply to actions involving wrongful death. It requires plaintiffs seeking recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value or loss of inheritance to provide evidence of the loss after reduction for income tax payments or unpaid tax liability. The measure removes language that allows evidence of violations of child passenger restraint system requirements to be admitted as evidence in a civil action or proceeding for damages. It prohibits peer review information discovered pursuant to a claim of independent negligence against a health care facility from being used as evidence unless a judge or jury first find the professional to have been negligent in providing health care to the patient in the facility. The measure requires skilled nursing facilities participating in Medicaid to establish and maintain quality assessment and assurance committees and makes records of such committees confidential and privileged and not subject to discovery or subpoenas and persons associated with quality assessment and assurance committee records could not be required to testify. It prohibits statements of deficiencies or Minimum Data Set related documentation issued to a nursing facility from being admitted into evidence unless the determination is final. It also prohibits such data from being used to establish a standard of care or negligence. The measure creates a School Protection Act to allow teachers, principals and other school employees to take reasonable actions to maintain order and discipline. The bill states that anyone age 18 or older who acts with intent to falsely accuse an education employee of criminal activity would be guilty of a misdemeanor punishable by a fine of not more than $2,000. It states that anyone between age 7 and 17 who makes such an accusation would be subject to community service or other court sanctions, at the discretion of the court. The measure states that the limitation for bringing an action for damages based in tort would be eight years from the date of the act or omission. The bill also makes peer review information private, confidential and privileged but allows a peer review body to provide relevant information to a state agency or board that licensed the professional under review. The bill modifies language related to immunity from civil liability for volunteers, stating that being legally entitled to receive compensation for the service or undertaking performed shall not preclude a person from being considered a volunteer. The measure creates a Common Sense Consumption Act, the intent of which is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with statutory and regulatory requirements. It states a legislative finding that the unlawful use of firearms, rather than their lawful manufacture, distribution or sale, is the proximate cause of any injury arising from their unlawful use. The bill exempts from liability firearm manufacturers, distributors and sellers who lawfully manufacture, distribute or sell firearms in cases involving any injury suffered, including wrongful death and property damage, because of the use of a firearm by another. The measure repeals a section of the Oklahoma Mandatory Seat Belt Use Act relating to inadmissibility of evidence in civil actions of failure to use seatbelt and sections relating to limits on noneconomic damages in medical liability actions. | ||
| Principal Authors: | Dan Newberry (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0787 | Paraphrase: | makes it unlawful for any person to perform or offer to perform tattooing on a human eyeball. It also replaces reference to devices capable of "digital transmissions" to devices capable of "electronic communication" in the list of items persons are prohibited from bringing into a jail or state penal institution. | ||
| Principal Authors: | Jonathan Nichols (S) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0911 | Paraphrase: | abolishes the Alcoholic Beverage Laws Enforcement Commission and transfers all of its assets, liabilities, records and property to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. The bill also repeals language related to the organization of the ABLE Commission. | ||
| Principal Authors: | Anthony Sykes (S) | |||
| Effective Date: | 01/01/2011 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0925 | Paraphrase: | prohibits municipal ordinances governing the sale and distribution of tobacco from being more stringent than state law. | ||
| Principal Authors: | John Sparks (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB1036 | Paraphrase: | creates a task force to study smoking in public places. It stipulates that the task force will look into the laws of other states, the health effects of public smoking, the economic impact of smoking bans on local businesses and make policy recommendations on ways to improve the state's smoking laws. It also stipulates that there shall be eight members who are to receive staff support from the Department of Health. | ||
| Principal Authors: | David Myers (S), Doug Cox (H) | |||
| Effective Date: | 09/01/2009 | Emergency: | No | |
| Status Date: | 04/22/2010 | Current Status: | Failed Deadline | |
| SB1064 | Paraphrase: | establishes a felony penalty for any person convicted of bringing prohibited items into any jail or state penal institution of a term not less than one year or more than five years and/or by a fine of not less than $100 or more than $1,000. It modifies language related to multiple offenses. It adds cell phones and other small electronic communication devices to the list of items that individuals, without authority, are prohibited from bringing into any jail or state penal institution. It states that individuals found in violation will be held guilty of a felony punishable by imprisonment for up to two years or by a fine of $2,500 if the individual knowingly and willfully brought the devices into secure areas of the jail or penal institutions. | ||
| Principal Authors: | Don Barrington (S), T.W. Shannon (H) | |||
| Effective Date: | 06/02/2009 | Emergency: | Yes | |
| Status Date: | 06/02/2009 | Current Status: | Governor Action - Signed | |
| SB1065 | Paraphrase: | makes adjustments to the apportionment of funds from tobacco taxes. Effective Jul. 1 2009, it increases from 7.5 percent 8.89 percent the amount allocated to Trauma Care Assistance Revolving Fund. It stipulates that 2.5 percent be allocated to various emergency services. | ||
| Principal Authors: | Charles Wyrick (S), Doug Cox (H) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 04/08/2010 | Current Status: | Failed Deadline | |
| SB1674 | Paraphrase: | states that all buildings, or portions thereof, owned by an educational facility as is defined in the Smoking in Public Places and Indoor Workplaces Act shall be designated as nonsmoking. It also states that all campuses, buildings and grounds or portions thereof owned or operated by an institution within the Oklahoma State System of Higher Education may be designed as tobacco free, including smoking or smokeless tobacco, by the board of regents of the institution upon adoption of a policy by the board stating the tobacco restrictions for the institution and an intent to enforce the penalty for violations. | ||
| Principal Authors: | Jim Halligan (S), Lee Denney (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/08/2010 | Current Status: | Failed Deadline | |
| SB1809 | Paraphrase: | eliminates all exemptions from the prohibition of smoking in public places. The bill also requires that restaurants be totally nonsmoking or provide nonsmoking areas and designated smoking rooms until Sept. 1, 2012. The bill prohibits a new or existing restaurant from adding a designated smoking room after Sept. 1, 2010. The bill permits smoking in a cigar bar under certain circumstances. The bill also repeals language that allows smoking in areas where gaming and simulcast wagering are held. | ||
| Principal Authors: | David Myers (S) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB1818 | Paraphrase: | creates the Oklahoma Certified Healthy Communities Act. The bill requires the State Department of Health to create a program for the voluntary certification of communities that promote health and wellness. The bill also creates the Oklahoma Healthy Communities Advisory Committee, establishes the committee's membership and duties to work with the health department in the development of criteria for the certification of communities. The bill also establishes criteria for the evaluation of communities. | ||
| Principal Authors: | Brian Crain (S), Kris Steele (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 05/20/2010 | Current Status: | Conference Committee - Do Pass | |
| Committee: | GCCA (S) | |||
| SB1930 | Paraphrase: | eliminates the requirement that all alcoholic beverages sold by a package store must be sold at room temperature. | ||
| Principal Authors: | Joe Sweeden (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB2019 | Paraphrase: | clarifies language related to the Uniform Controlled Dangerous Substances Act. | ||
| Principal Authors: | Bryce Marlatt (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB2114 | Paraphrase: | requires bouncers at mixed beverage establishments or bottle clubs to hold an employee license regardless of whether the bouncer participates in the service, mixing or sale of mixed beverages. The bill also defines "bouncer" as a person 21 years of age or older who is either employed by an establishment licensed by the Alcoholic Beverage Laws Enforcement Commission or who volunteers services for such licensed establishment and who has a valid unarmed security guard license or an armed security guard license or is certified as a police or peace officer by the Council on Law Enforcement Education and Training. The bill also requires a bouncer to have in his or her possession while bouncing a valid unarmed security guard license, armed security guard license or CLEET certificate, as well as a valid driver license or state ID card. It provides misdemeanor punishment of a fine not more than $1,500 and/or imprisonment of up to 90 days. | ||
| Principal Authors: | Mary Easley (S) | |||
| Effective Date: | 01/01/2011 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB2125 | Paraphrase: | limits the bond amount in any action or litigation brought under any legal theory involving a non-participating manufacturer to the Master Settlement Agreement resulting from the state's lawsuits against tobacco companies to the lesser of no more than 100 percent of the judgment, exclusive of interest and costs; 10 percent of the net worth of the judgment debtor; or $25 million. | ||
| Principal Authors: | Sean Burrage (S), Ben Sherrer (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/16/2010 | Current Status: | Governor Action - Signed | |
| SB2205 | Paraphrase: | establishes and defines that a food market license shall authorize the holder thereof to purchase only beer and wine in retail containers from the holder of a wholesaler or Class B wholesaler license or as specifically provided by law and to sell, offer for sale and possess only beer and wine in retail containers for off-premises consumption. It states that such sales by the holder of a food market licenses shall be limited to the licensed premises of the licensee and that the license shall only be issued in counties of 300,000 persons or more. It states a separate license shall be required for each place of business and that the beer and wine products that are sold by a food market licensee may be sold at ordinary room temperature or be chilled. It states that no beer or wine sold by a food market licensee shall be consumed on the licensed premises of the licensee or delivered in connection with any sale. The bill states that the Alcoholic Beverage Laws Enforcement Commission shall inspect and approve all food market license premises and establish criteria for application. It prohibits licensees from holding or owning any interest in any package store, wholesale or Class B wholesale business. The bill states it shall become effective upon certification of election returns favoring passage of the constitutional amendment proposed in SJR 62. | ||
| Principal Authors: | Andrew Rice (S) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB2253 | Paraphrase: | modifies reference to federal law related to fireworks. The bill also distinguishes between consumer and display fireworks. The bill defines "novelty" and provides examples. The bill permits novelties to be legally stored, transported, sold and used. The bill deletes language related to public access to fireworks offered for retail sale and incorporates references to federal law. It prohibits fireworks from being sold or displayed to the public within any building or vehicle unless fireworks are kept where they cannot be reached by nonemployees. It also requires an enclosed building used for sale of fireworks to the public to have adequate exits as determined by the codes and standards adopted by the State Fire Marshal Commission or the Oklahoma Uniform Building Code Commission. It sets license fees and requires them to be paid to the state fire marshal's office. It allows the collected fees to be placed to the credit of the State Fire Marshal Revolving Fund of the State Treasury. It requires a person or organization making application for permit to have a general liability insurance policy of not less than $1 million or the amount set forth by the local governing body. | ||
| Principal Authors: | Don Barrington (S), Don Armes (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 06/08/2010 | Current Status: | Governor Action - Signed | |
| SJR0049 | Paraphrase: | proposes a constitutional amendment to establish six-year terms for members appointed to the Board of Regents for the Oklahoma Agricultural and Mechanical College and all agricultural and mechanical schools and colleges maintained by the state; the board of directors of the Tobacco Settlement Endowment Trust Fund; the University of Oklahoma Board of Regents; the Oklahoma State Regents for Higher Education; the Board of Regents of Oklahoma Colleges; the Oklahoma Public Welfare Commission; the Oklahoma Wildlife Conservation Commission; and the Alcoholic Beverage Laws Enforcement Commission. It limits members to two full six-year terms in succession. | ||
| Principal Authors: | Gary Michael Stanislawski (S) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 02/08/2010 | Current Status: | Senate Committee - Do Pass Failed | |
| Committee: | General Government (S) | |||