| HB1056 | Paraphrase: | authorizes the Oklahoma Tax Commission to design and issue Deer Creek School District license plates. | ||
| Principal Authors: | Marian Cooksey (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1086 | Paraphrase: | modifies language relating to the Corporation Commission, authorizing employees to stop and weigh any vehicle while it is at a stationary and permanent scale facility, directing them to wear distinct insignia and authorizing them to request vehicle impoundment. The bill also directs the Corporation Commission to administratively regulate motor carriers by using stationary and permanent scale facilities. It directs the Department of Public Safety to notify the commission monthly of convictions for violations. The measure removes language stating that enforcement officers appointed by the commission are to be considered peace officers. It grants to commission employees the duties previously assigned to enforcement officers. The bill prohibits agencies, departments and bureaus from implementing, administering or enforcing the Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act without an interagency agreement. It allows Corporation Commission employees to notify law enforcement officers to seize and take into custody vehicles owned within the state that do not bear a proper license plate required by the Oklahoma Vehicle License and Registration Act. The bill repeals language related to the authority of motor carrier enforcement officers and authorized use of Corporation Commission revolving funds. | ||
| Principal Authors: | Todd Thomsen (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1428 | Paraphrase: | establishes the cabinet secretary of safety and security. It abolishes the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Commission, the Board of Medicolegal Investigations and the Oklahoma State Bureau of Investigation Commission, transferring their perspective duties to their chief executives and place said executives under the supervision of the cabinet secretary of safety and security. | ||
| Principal Authors: | Lucky Lamons (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1454 | Paraphrase: | directs the Oklahoma Tax Commission to design and issue the Oklahoma City Thunder license plates. | ||
| Principal Authors: | Al McAffrey (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1656 | Paraphrase: | requires every municipal governing body and rural water district to test once every three years and develop a plan for inspecting, repairing and maintaining wet and dry barrel fire hydrants. The bill also directs municipal governing bodies and rural water districts to establish rules for monitoring and estimating the usage of water for fire protection. | ||
| Principal Authors: | Joe Dorman (H), Thomas Ivester (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 03/31/2010 | Current Status: | Failed Deadline | |
| HB1678 | Paraphrase: | expands the scope of the Volunteer Medical Professional Services Immunity Act to include a list of licensed medical professions. It grants immunity from civil damages for persons participating in the Oklahoma Medical Reserve Corps and assisting emergency operations or management in disaster drills and community service events. The bill also grants immunity from civil actions to individuals, associations, for-profit or nonprofit organizations, private entities, religious organizations or charitable organizations that voluntarily provide goods and services in preparation for or during a time of emergency and in a place of emergency, as declared by the governor, to prevent, minimize or repair injury or damage resulting from biological, chemical or nuclear agents; terrorism; pandemic or epidemic infectious disease; catastrophic acts of nature; or any other emergency declared by the governor. It restricts immunity to acts rendered in good faith when the damage or injury that was not caused by will or wanton negligence or misconduct. It also adds language changing reference from the special volunteer medical license for physicians to the "special volunteer license for eligible volunteers from a medically related field." It directs that such licenses be issued to eligible physician assistants, dentists, optometrists and pharmacists by their respective boards. It also requires further documentation to be submitted with an application for a special volunteer license. It extends the Volunteer Medical Professional Services Immunity Act to volunteer professionals or volunteer health practitioners and any organization that arranges for the care given by the volunteer professionals. It provides a definition for "volunteer health practitioner" and "referred volunteer health practitioner." | ||
| Principal Authors: | Pat Ownbey (H), Susan Paddack (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 05/22/2009 | Current Status: | Governor Action - Signed | |
| HB1704 | Paraphrase: | creates the Oklahoma Information Services Act and the position of chief information officer, to be appointed by the governor, to have authority over the Information Services Division of the Office of State Finance. It states that the CIO is to serve as secretary of information technology and telecommunications. It sets the salary of the CIO at not less than $130,000 and not more than $160,000. It requires the first CIO to be appointed by Jan. 1, 2010. It establishes criteria for selection of a CIO. The bill also requires the CIO to complete within 12 months of appointment an assessment of the implementation of the transfer, coordination and modernization of all information technology and telecommunications systems of all state agencies in the state. The assessment is to include a study of all institutions within the Oklahoma State System of Higher Education, the Oklahoma State Regents for Higher Education, OneNet and the Department of Human Services. It states that the plan of action for the listed entities are not to be implemented until July 1, 2011. It also requires the CIO to issue a report setting out a plan of action to be presented to the governor, House speaker and Senate president pro tempore. It allows the CIO to contract with private consultants to assist in the assessment and development of a plan of action report. It sets forth the duties of the Information Services Division of OSF. The measure requires the CIO to receive the approval of the State Governmental Technology Applications Review Board before implementing the plan of action, and it requires the board to oversee implementation of the plan. The measure also states that the net savings realized through the reallocation and consolidation of information technology and telecommunications resources and personnel must be realized within two years from the appointment of the CIO and is to be at a minimum not less than 15 percent of the overall statewide information technology and telecommunications expenditures made by all state agencies during fiscal year 2009. It directs the CIO to act as the information technology and telecommunications purchasing director for all state agencies. It subjects the CIO and the Information Services Division of OSF to the Oklahoma Central Purchasing Act and the Public Competitive Bidding Act of 1974, the Oklahoma Lighting Energy Conservation Act and the Public Building Construction and Planning Act. The measure also decreases from $25,000 to $10,000 the maximum amount of state funds executive branch agencies may use on computer hardware, software or any contract for information technology services or equipment without written authorization from the CIO. The bill also modifies the definition of "Capitol Complex" as it relates to installation of communication and intercommunications to include buildings that house state agencies located within 4 miles of the Capitol Complex and any location used for the administration of the information technology and telecommunications infrastructure and security for the state. It directs the Information Services Division of OSF to manage the installation, maintenance and administration of the state portal system. It prohibits state agencies, boards, commissions or other authorities from entering into agreements for development of, enhancement to or maintenance of an electronic portal system without the written authorization of the Information Services Division. It also changes reference to the State Governmental Internet Applications Review Board to the State Governmental Technology Applications Review Board, the authority of which is to include oversight for implementation of the plan of action developed by the CIO. It also modifies membership of the board. It also modifies membership of the Electronic and Information Technology Accessibility Advisory Council to include the CIO rather than the director of OSF. The bill also repeals language relating to the creation of a Task Force for the Study of Computer Information Officers. | ||
| Principal Authors: | Chris Benge (H), Glenn Coffee (S) | |||
| Effective Date: | / / | Emergency: | No | |
| Status Date: | 05/19/2010 | Current Status: | In Committee - Conference | |
| Committee: | HB1704 (C) | |||
| HB1875 | Paraphrase: | modifies calculation of the State Aid formula as it relates to foundation program income, adding an apportionment of 85 percent of the gross production tax collected by a school district during a preceding fiscal year calculated on a per-capita basis. | ||
| Principal Authors: | Jeff Hickman (H) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB1927 | Paraphrase: | expands the immunity from civil liability granted under the Volunteer Medical Professional Services Immunity Act to include volunteer medical professional services provided at a federally qualified community health center if the volunteer does not receive compensation for treatment provided. | ||
| Principal Authors: | Doug Cox (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB2128 | Paraphrase: | eliminates license plates for Zeta Phi Beta, Sigma Camma Rho and Phi Beta Sigma. | ||
| Principal Authors: | Mike Shelton (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB2258 | Paraphrase: | authorizes the State Department of Health to arrange for and charge meals and lodging for a contingent of state personnel moved into an area for the purpose of preserving the public health, safety, or welfare or for the protection of life or property. | ||
| Principal Authors: | Randy Terrill (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/25/2010 | Current Status: | Failed Deadline | |
| HB2365 | Paraphrase: | makes general appropriations to executive, legislative and judicial agencies for fiscal year 2011. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 05/06/2010 | Current Status: | In Committee - Conference | |
| Committee: | GCCA (J) | |||
| HB2405 | Paraphrase: | makes an appropriation and sets budget limits for the Oklahoma Department of Emergency Management for fiscal year 2011. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 05/06/2010 | Current Status: | In Committee - Conference | |
| Committee: | GCCA (J) | |||
| HB2406 | Paraphrase: | makes an appropriation to and sets budget limits for the Oklahoma Department of Emergency Management for fiscal year 2011. | ||
| Principal Authors: | Scott Martin (H), Kenneth Miller (H), Mike Johnson (S), David Myers (S) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 05/06/2010 | Current Status: | In Committee - Conference | |
| Committee: | GCCA (J) | |||
| HB2579 | Paraphrase: | requires the director of the Oklahoma Department of Emergency Management to report quarterly to the governor, House speaker and Senate president pro tempore the balance and outstanding obligations of the State Emergency Fund. | ||
| Principal Authors: | John Trebilcock (H), Mike Schulz (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/19/2010 | Current Status: | Governor Action - Signed | |
| HB2835 | Paraphrase: | requires owners of manufactured mobile home parks renting or leasing 10 or more mobile homes or lots or owners of recreational vehicle parks renting or leasing 10 or more lots to provide tenants a plan for sheltering or evacuation to a shelter in times of severe weather to the tenants. The bill requires the plan to be approved by the municipality, county or state office by March 1, 2011, and re-evaluated every five to seven years thereafter. The measure also states that any entity or individual involved in the creation or enforcement of a shelter or evacuation plan is not liable to any person following the plan as a result of any act or omission in creating the plan if he/she was acting in good faith and damage or injury was not caused by willful or wanton negligence or misconduct. | ||
| Principal Authors: | Pat Ownbey (H), Johnnie C. Crutchfield (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 03/31/2010 | Current Status: | Failed Deadline | |
| HB3056 | Paraphrase: | modifies language related to the Emergency Management Interim Legislative Succession Act, adding language to the definition of "emergency" to mean an occasion in which one-third or more of either chamber of the Legislature or one-third or more of both chambers is unavailable to discharge the duties of a legislator. It requires each legislator to submit their list of emergency interim successors to the chief clerk of the House of Representatives if the legislator is a member of the House of Representatives and to the Secretary of the Senate if the legislator is a senator at the time the legislator is sworn into office. It also stipulates that not more than one emergency interim successor may be related within the third degree of affinity or consanguinity to the legislator. It also states that an interim successor does not need to take an oath of office unless they actually assume duties. It also states that the oath is to be administered by one of the justices of the Supreme Court, or if no justice is available, then by any person authorized to administer oaths. | ||
| Principal Authors: | Gary Banz (H), Bill Brown (S) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 03/31/2010 | Current Status: | Senate Committee - Do Pass Failed | |
| Committee: | Appropriations (S) | |||
| HJR1018 | Paraphrase: | proposes a constitutional amendment related state matching funds for federal disaster funds, allowing funds to be drawn from the Constitutional Reserve Fund. | ||
| Principal Authors: | Joe Dorman (H), Kenneth Corn (S) | |||
| Effective Date: | 01/01/2011 | Emergency: | No | |
| Status Date: | 03/31/2010 | Current Status: | Failed Deadline | |
| SB0025 | Paraphrase: | allocates the first $100,000 in fire insurance gross premium taxes collected annually to the Firefighter Training Revolving Fund beginning July 1, 2009, with remaining funds allocated to the State Fire Marshal Revolving Fund. The bill also creates the Oklahoma Regional Response Team Funding Committee to review available funding and make recommendations to the State Fire Marshal Commission for the distribution of funds to the regional response teams and the Oklahoma Task Force One. | ||
| Principal Authors: | Kenneth Corn (S) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0265 | Paraphrase: | allows vehicles owned or operated by local volunteers with emergency management organizations, under the supervision of county departments of emergency management, to be fitted with sirens and emergency lights. | ||
| Principal Authors: | Constance Johnson (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0353 | Paraphrase: | modifies the Governmental Tort Claims Act to expand the definition of "political subdivision" to include a public trust created after Jan. 1, 2009, the primary purpose of which is to own, manage or operate a public acute care hospital in the state that serves as a teaching hospital for a medical residency program provided by a college of osteopathic medicine and provides care to indigent persons. It also includes a corporation in which all of the capital stock is owned, or a limited liability company in which all of the member interest is owned, by a public trust. The measure also changes reference from the Volunteer Medical Professional Services Immunity Act to the Volunteer Professional Services Immunity Act. It states that any volunteer professional or any organization that arranges for the care given by the volunteer professional is to be immune from liability in a civil action. It removes language requiring written statements to be executed by volunteer medical professionals and individuals responsible for minors or other legally incapacitated persons before volunteer medical services are provided. It expands the description of "volunteer professional" and "referred volunteer professional" to include physician assistants. | ||
| Principal Authors: | Andrew Rice (S), Doug Cox (H) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 05/26/2009 | Current Status: | Governor Action - Signed | |
| SB0485 | Paraphrase: | modifies physician definitions and requirements for worker's compensation. The bill allows an injured employee to select a physician of his or her own choosing if he or she opts out of the workplace medical plan. It allows for changing of physicians under certain circumstances and stipulates payment to employers. The bill also establishes procedure for employees to decide upon enrollment in certified workplace medical plans. | ||
| Principal Authors: | Debbe Leftwich (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0510 | Paraphrase: | requires municipal governing bodies to annually test and develop plans for inspecting, repairing and maintaining wet barrel fire hydrants and dry barrel fire hydrants located within the municipality. | ||
| Principal Authors: | Thomas Ivester (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0516 | Paraphrase: | authorizes the Oklahoma Tax Commission to design and issue National Weather Center license plates. | ||
| Principal Authors: | John Sparks (S), Scott Martin (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB0574 | Paraphrase: | eliminates the Northern Cherokee Nation of the Old Louisiana Territory license plate. | ||
| Principal Authors: | Sean Burrage (S) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| 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 | |
| SB0677 | Paraphrase: | allows employees of the State Department of Health to arrange for and charge for meals and lodging for a contingent of state personnel moved into an area for the purpose of preserving the public health, safety or welfare or for the protection of life or property. | ||
| Principal Authors: | Susan Paddack (S), Doug Cox (H) | |||
| Effective Date: | 04/21/2009 | Emergency: | Yes | |
| Status Date: | 04/21/2009 | Current Status: | Governor Action - Signed | |
| 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 | |
| SB0829 | Paraphrase: | excludes individuals employed by nonprofit corporations from reimbursement by the state for expenses incurred during authorized official state travel. The bill also clarifies language related to the executive director of the Oklahoma Center for the Advancement of Science and Technology. | ||
| Principal Authors: | Kenneth Corn (S), Neil Brannon (H) | |||
| Effective Date: | 07/01/2009 | Emergency: | Yes | |
| Status Date: | 04/22/2010 | 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 | |
| SB1129 | Paraphrase: | creates the Uniform Emergency Volunteer Health Practitioners Act, which applies to volunteer health practitioners registered with a registration system established in the act and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect. | ||
| Principal Authors: | Patrick Anderson (S), Doug Cox (H) | |||
| Effective Date: | 11/01/2009 | Emergency: | No | |
| Status Date: | 04/21/2009 | Current Status: | Governor Action - Signed | |
| SB1344 | Paraphrase: | authorizes the Oklahoma Tax Commission to design and issue an Oklahoma Rifle Association license plate. | ||
| Principal Authors: | Jerry Ellis (S), Dennis Ray Bailey (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/08/2010 | Current Status: | Failed Deadline | |
| SB1361 | Paraphrase: | authorizes the Oklahoma Tax Commission to design and issue buffalo soldier license plates. | ||
| Principal Authors: | Judy Eason McIntyre (S), T.W. Shannon (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/08/2010 | Current Status: | Failed Deadline | |
| SB1437 | Paraphrase: | makes an appropriation to and sets budget limitations for the Oklahoma Department of Emergency Management for fiscal year 2011. | ||
| Principal Authors: | Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H) | |||
| Effective Date: | 09/01/2010 | Emergency: | No | |
| Status Date: | 04/28/2010 | Current Status: | In Committee - Conference | |
| Committee: | GCCA (J) | |||
| SB1438 | Paraphrase: | sets budget limitations for the Oklahoma Department of Emergency Management for fiscal year 2011. | ||
| Principal Authors: | Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H) | |||
| Effective Date: | 09/01/2010 | Emergency: | No | |
| Status Date: | 04/28/2010 | Current Status: | In Committee - Conference | |
| Committee: | GCCA (J) | |||
| SB1561 | Paraphrase: | makes $6.67 billion in general appropriations to executive, legislative and judicial agencies for fiscal year 2011. | ||
| Principal Authors: | Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H) | |||
| Effective Date: | 07/01/2010 | Emergency: | No | |
| Status Date: | 06/10/2010 | Current Status: | Governor Action - Signed | |
| SB1562 | Paraphrase: | makes general appropriations to executive, legislative and judicial agencies for fiscal year 2011. | ||
| Principal Authors: | Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H) | |||
| Effective Date: | 09/01/2010 | Emergency: | No | |
| Status Date: | 04/28/2010 | Current Status: | In Committee - Conference | |
| Committee: | GCCA (J) | |||
| SB1563 | Paraphrase: | makes general appropriations to executive, legislative and judicial agencies for fiscal year 2011. | ||
| Principal Authors: | Mike Johnson (S), David Myers (S), Scott Martin (H), Kenneth Miller (H) | |||
| Effective Date: | 09/01/2010 | Emergency: | No | |
| Status Date: | 04/28/2010 | Current Status: | In Committee - Conference | |
| Committee: | GCCA (J) | |||
| SB1925 | Paraphrase: | creates the Rescue Operations In A Disaster Area Act. The bill adds looters to the list of individuals the act is designed to discourage from hampering the work of rescue operations in a disaster area. The bill also permits the local police chief of an incorporated municipality or the county sheriff of an unincorporated area or certain railroad officials to declare a disaster area for up to 48 hours. The bill permits authorized persons in or near a disaster area to detain any person in a vehicle and requires the person to stop, provide proof of identification and obey the authorized person's directions or obtain permission before proceeding into the disaster area. The bill establishes penalties for violations. The bill also clarifies statutory references. | ||
| Principal Authors: | Anthony Sykes (S), Mike Christian (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 03/30/2010 | Current Status: | Bill Failed - House | |
| SB1959 | Paraphrase: | changes the name of the Oklahoma Aeronautics Commission Act to the Oklahoma Aviation Commission Act. The bill also changes the name of the Oklahoma Aerospace Institute to the Stafford Center. The bill removes the position of commission director from the list of positions that must be unclassified and may not be placed under the classified service and places all employees of the Oklahoma Aviation Commission in the unclassified service. The bill removes a reference to the Oklahoma Aerospace Institute and defines the role of the Stafford Center. | ||
| Principal Authors: | Harry Coates (S) | |||
| Effective Date: | 01/01/2011 | Emergency: | No | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB2031 | Paraphrase: | modifies the calculation for the initial allocation of state aid, foundation program and salary incentive aid by requiring that the weighted membership of pupils enrolled in internet-based course or an alternative instructional delivery system be based on the weighted average daily membership of the first nine weeks of the current school year. The bill also removes the requirement that the highest weighted average daily membership for the first nine weeks of the current school year be used in the calculation of the salary incentive aid. | ||
| Principal Authors: | Mike Schulz (S) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 02/18/2010 | Current Status: | Failed Deadline | |
| SB2109 | Paraphrase: | modifies the calculation for the initial allocation of state aid for schools, foundation program and salary incentive aid by requiring the portion of weighted membership derived from pupils enrolled in online courses to be based on the weighted average daily membership of the preceding school year. In the House, the bill was amended to require that the district of residence of a student with an individualized education program transfer all state and federal funds associated with providing special education and related services to the district offering online courses if the student enrolls in online courses on a full-time basis. The CCR also establishes methods for calculating Foundation Program aid for students enrolled in online courses. | ||
| Principal Authors: | Gary Michael Stanislawski (S), Ann Coody (H) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 06/11/2010 | Current Status: | Governor Action - Signed | |
| SB2113 | Paraphrase: | amends, merges, consolidates and repeals duplicate sections of law. | ||
| Principal Authors: | Patrick Anderson (S), Rex Duncan (H) | |||
| Effective Date: | / / | Emergency: | Yes | |
| Status Date: | 03/03/2010 | Current Status: | Governor Action - Signed | |
| SB2124 | Paraphrase: | defines specific support activities for rail transportation and specific support activities for water transportation as "basic industry" in relation to tax and incentive purposes. In the House, language was added to include alternative energy structure construction, solar reflective coating application and solar heating equipment installation to the definition of "basic industry" under certain conditions. | ||
| Principal Authors: | Mike Mazzei (S), Jeff Hickman (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 06/07/2010 | Current Status: | Governor Action - Signed | |
| SB2128 | Paraphrase: | specifies within the Quality Jobs Act that a "qualified federal contract" shall not qualify unless both the qualified federal contractor and subcontractor verify to the qualified federal contractor verifier that they offer or will offer within 180 days of employment of their respective employees, a basic health benefits plan. The bill also increases the average wage requirement maximum from $25,000 to $29,409, and it states that within three years of the first complete calendar quarter that the federal contractor must have actual annual verified gross qualified labor hours of a minimum of $2.5 million to continue receiving incentive payment. It also provides for other reasons that the incentive payments shall not be made, including average annualized wage requirements. The bill also directs the Department of Commerce to determine prior to application approval that neither the federal contractor nor subcontractor have previously received incentive payments under several state incentive programs. The measure requires that a qualified federal contract involve services that are capable of being accomplished without a state of Oklahoma workforce and are performed by a state of Oklahoma workforce. It also requires a business to offer a basic health benefits plan to its employees within 180 days to qualify. It also requires that total qualified labor hours only apply to hours of work performed by a state of Oklahoma workforce. The bill also allows subcontractors in order of tier ranking as determined by a federal contract verifier to assume the role of the prime contractor and apply to become a qualified federal contractor should a prime contractor provide notice of its intent to not apply for incentive for a qualified federal contract. It requires all costs for the federal contract verifier to be reimbursed through value-added services on the qualified federal contract. The bill also requires a qualified federal contractor to pay $31 per hour in any county for qualified subcontractor work. It allows the Department of Commerce to establish a renewable 10-year contract with a qualified federal contractor using a net cost/benefit analysis model. It allows a qualified federal contractor or subcontractor receiving inventive payments under various state acts to defer in part or in entirety other incentives. | ||
| Principal Authors: | David Myers (S), Mike Jackson (H) | |||
| Effective Date: | 07/01/2010 | Emergency: | Yes | |
| Status Date: | 05/14/2010 | Current Status: | Governor Action - Signed | |
| SB2260 | Paraphrase: | authorizes leave time for participation in the Civil Air Patrol disaster services and encourages private employers and school districts to participate in volunteer disaster service programs. | ||
| Principal Authors: | Steve Russell (S), Paul Wesselhoft (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 04/12/2010 | Current Status: | Governor Action - Signed | |
| SB2296 | Paraphrase: | adds a local emergency management director as determined by the president of the Oklahoma Emergency Management Association, the state chancellor or representative for Oklahoma State System of Higher Education and state director or representative for the Oklahoma Department of Career and Technology Education to the membership of the State Hazard Mitigation Team. The bill also clarifies language related to mutual assistance. | ||
| Principal Authors: | Charles Wyrick (S), Rex Duncan (H) | |||
| Effective Date: | 11/01/2010 | Emergency: | No | |
| Status Date: | 05/10/2010 | Current Status: | Governor Action - Signed | |