Nearly 150 laws go into effect Thursday, November 1st. The State Senate Communications Office has compiled a list of some major measures.
HB 1816 modifies the penalties for certain child abuse-related and sexual abuse offenses to make the imprisonment terms comparable to the nationwide Jessica’s Law. It provides that parents or other persons who engage in child abuse, sexual exploitation of a child, and solicitation of a child for purposes of pornography, or lewd molestation, with a child less than 12 years of age upon conviction are punishable by a mandatory minimum of 25 years imprisonment. The crimes of child abuse and sexual exploitation of a child add a fine of $500 to $5,000 in addition to the imprisonment.
HB 1915 modifies the permission to hunt and fish upon land of others by excluding land primarily devoted to farming, ranching, or forestry purposes, and also excluding school land. Also modifies the fine for conviction of violating the provisions of this act. Also trespassing on land primarily devoted to farming, ranching or forestry purposes is hereby prohibited.
HB 1927 requires that employees of a court-appointed advocate program, or persons volunteering to become court-appointed special advocates for children to undergo criminal history background checks by the Oklahoma State Bureau of Investigation, as well as any other background check required by the Oklahoma Court-Appointed Special Advocates Association. The bill requires that if the prospective employee or volunteer has lived in Oklahoma for less than a year, a criminal history background check will also be obtained from the previous state of residence. The criminal history records search conducted by the OSBI is deemed to be for law enforcement purposes, as set forth in statute. For the purposes of the Oklahoma Child Abuse Reporting and Prevention Act, the bill changes definition of "neglect" to include omission or failure to provide adequate food, clothing, shelter or supervision.
HB 2104 creates an entry fee exemption for minors age 17 years and younger at least one day a week at all museums and historical sites under the purview of the Oklahoma Historical Society. The act also directs the Oklahoma Arts Council to be responsible for the acquisition, exhibition, and management of the state’s art collection and creates an incentive grant program to establish visual arts programs in schools.
SB 1 creates the "Taxpayer Transparency Act" to require the Office of State Finance to develop and operate a website which provides information on all state expenditures, incentive payments and tax credits. The website will be operational by 1-1-08 and searchable by 1-1-09.
SB 98 creates the Fire Extinguisher Licensing Act to regulate the sale, installation and servicing of portable fire extinguishers. Creates the Fire Extinguisher Industry Committee to assist the State Commissioner of Health in implementing the Fire Extinguisher Licensing Act. Prohibits any person from engaging in the fire extinguisher industry without a license. Sets minimum standards for portable fire extinguishers. Requires persons who service, install, inspect, certify, charge or test a portable fire extinguisher to affix a tag with specified information to the unit. Sets minimum requirements for any person applying for a license to engage in a fire extinguisher industry business. Specifies information required for an application for license. Directs the State Commissioner of Health to issue licenses to applicants who meet the qualifications, pay a license fee and are approved by the Fire Extinguisher Industry Committee and authorizes the Commissioner to invoke licensing sanctions in certain circumstances. Creates the Fire Extinguisher Industry Revolving Fund to be used to implement the Fire Extinguisher Licensing Act. Sets punishment for violation of the Fire Extinguisher Licensing Act. Extends the Committee of Home Inspector Examiners until July 1, 2013.
SB 139 Requires the State Department of Health to make a form available to physicians which requests information about abortions which the physician performs and requires physicians to submit the form to the Department. Directs the Department to publish a public report providing statistics from information compiled from the forms. Prohibits physicians from performing abortions without obtaining proof that the female is not a minor, is an emancipated minor or has been given judicial authorization as a minor, except in a medical emergency. Requires a parent who consents to an abortion to provide the physician proof of identification and a notarized statement. Directs physicians who perform abortions on minors without consent in a medical emergency to notify the parents. Requires physicians who perform abortions on minors to submit a form to the Department. Directs the Department to publish a public report providing statistics from information compiled from the forms. Makes it a felony to make a fraudulent representation in order to obtain an abortion for a minor. Makes it a felony for a physician to knowingly perform an abortion on a minor in violation of this act. Permits a minor or her parent to maintain a cause of action against the person who performed an abortion without complying with this act. States that this act and other sections of law relating to abortion are effective if any court enjoins, suspends or delays their implementation. Makes it unlawful for any person employed by the state to perform or assist an abortion not necessary to save the life of the mother, except in cases of rape and incest. Makes it unlawful for any public institution, facility or equipment controlled by the state to be used for the purpose of an abortion not necessary to save the life of the mother, except in cases of rape and incest. Makes it unlawful for any funds received or controlled by the state to be used to encourage a woman to have an abortion not necessary to save the life of the mother and clarifies that a physician may discuss options through nondirective counseling. Prohibits health insurance plans from providing coverage for elective abortions except by an optional rider.
SB 145 Allows district judges to carry weapons in courthouses when acting in the course and scope of employment and expands time period for renewal requirements for concealed handgun license.
SB 371 Changes the penalty for a purposefully false missing child report which causes the activation of an AMBER alert from a misdemeanor to a felony, punishable by imprisonment in a county jail for up to one year, a fine of at least $1,000, or both.
SB 473 Adds all parts of a zoo to which the public may be admitted to the list of places in which the possession of lighted tobacco is prohibited.
SB 567 Gives victims of identity theft the right to file an incident report where the victim lives regardless of the jurisdiction for any investigation or prosecution of the crime. It provides for sharing incident reports with other law enforcement jurisdictions, and states that incident reports shall not be open cases for purposes of reporting open case statistics.
SB 739 Prohibits knowingly and intentionally destroying, removing, covering, altering, or defacing trim tag plates on motor vehicles manufactured from 1953 to 1977. Prohibits affixing counterfeit trim tag plates to motor vehicles. Prohibits manufacturing, selling, offering for sale, introducing, delivering or importing counterfeit trim tag plates. Certain exceptions are provided for persons engaged in the repair of a motor vehicle and the removal of trim tag plates from junk vehicles for historical documentation purposes. A first offense is a misdemeanor. A second or subsequent offense is a felony. The bill authorizes civil actions by defrauded persons against convicted violators, allows such defrauded persons to seek treble their compensatory damages, and allows courts to award reasonable costs and attorney fees to the prevailing party.
SB 806 Modifies various tax provisions, the following will be going into effect on Nov. 1:
- Modifies definition and certain procedures relating to 9-1-1 wireless emergency service fee;
- Modifies definition of "sale for resale" as it relates to goods with a point of sale outside the U.S.; - Reinstates sales tax exemptions for sale of certain advertising by Oklahoma Department of Tourism and Recreation, sales of food boxes by certain charitable organizations and sale of construction materials used for certain church construction contracts;
- Creates sales tax exemptions for certain nonprofit organizations benefiting the developmentally disabled, certain youth shelters, certain childcare facilities and specified contractors to such facilities and certain military service organizations;
- Requires out-of-state agricultural permit holders who purchase goods with a point of sale outside the U.S. to provide certain documentation;
- Exempts churches with federal nonprofit income tax status from the requirement to obtain a sales tax special event permit;
- Modifies regulatory requirements for certain federally regulated investment companies under the Small Business Capital Formation Incentive Act and the Rural Venture Capital Formation Incentive Act
- Permits the buyer of certain delinquent tax sale property to use certified funds rather than cash.
SB 833 Requires that all information and records which identify a person who has participated in a public health investigation or who may have reported a communicable or non-communicable disease remain confidential.
SB 889 will create an Oklahoma Medicaid False Claims Act to establish procedures for investigation and prosecution of certain false or fraudulent claims.
SB 943 Modifies procedures for child support lien and requires DHS to develop an insurance industry data match reporting system to determine if an insurance claimant owes past due child support.
SB 945 Provides for enforcement by indirect contempt of orders for child support arrearages and orders for genetic testing in cases where paternity has not been established.
SB 1016 Relates to the Oklahoma Alcoholic Beverage Control Act. The bill modifies a prohibited act relating to mixed beverage or beer and wine licensees and designated bar areas. Will prohibit a mixed beverage or beer and wine licensee from allowing a person under 21 years of age to sit at the bar of the licensed premises.
SB 1021 will prohibit cities with a population of 5,000 or less and located within a county with a population of 200,000 or less from annexing territory without consent.
SB 1028 Relates to drug and alcohol testing of employees. Establishing prima facie evidence of administration of drug or alcohol test. Clarifying what constitutes compliance in an employer’s written drug and alcohol testing policy concerning substances which may be tested.
SB 1049 will provide that willful or malicious cruelty to an animal will subject the owner to legal proceedings forcing the owner to release the animal to the custody of the applicable humane organization. Provides procedures for seizure of an animal if a law enforcement officer has reason to believe the animal has been abandoned or neglected.
SB 1076 Modifies various tax provisions, including:
Modifies statutory reference relating to county excise board procedures;
Modifies numerous provisions relating to the application of sales tax on telecommunications for purposes of conformity under the Streamlined Sales Tax Agreement;
Modifies the date after which certain sales tax sourcing rule applies to florists;
Modifies dates relating to electronic filing of income tax return and claim filing under Sales Tax Relief Act; will extend from April 15 to April 20 the deadline by which individual returns can be filed electronically.
Modifies Tax Commission procedure relating to rebate of certain workers’ compensation assessment.
SB 1078 Relates to the Oklahoma Alcoholic Beverage Enforcement Commission and to low-point beer. The bill authorizes the Commission to revoke or suspend certain licenses for licensees that have been found to have accepted certain inducements from wholesalers of alcoholic beverages. The bill also adds a new penalty relating to injury for those who violate certain prohibitions against permitting minors to possess or consume of low-point beer.
SB 1092 will increase employer contribution rates for members of the Teachers’ Retirement System of Oklahoma. The law will increase the monies that the state, in combination with the school systems, puts into TRS. The increased employer contribution will be contingent upon available state dollars to cover that cost. Currently, the rate is 8 percent for common education employers, two-year colleges and state agencies in the system. Four-year universities and colleges currently contribute 7.05 percent. Under this legislation, the contribution rate will be increased to 8.75 percent. That will infuse the retirement system with $36 million a year, which will grow as teacher salaries increase. With this one adjustment, it is estimated that the funded rate of TRS can get to about 75 percent in twenty years.
SB 1130 Requires the Department of Corrections, in conjunction with the Pardon and Parole Board, to track the success and recidivism of parolees required to have a two-stage parole consideration for the first three years following their parole. The annual and cumulative data to be collected must include offense type, sentence length, release information, number of persons by offense type eligible for parole, number of persons by offense type recommended for parole, re-arrest data, re-incarceration data, employment data, and any other beneficial information. The bill requires the collected information to be made available to the Legislature, the Criminal Justice Resource Center, and the Governor no later than March 1 following the first data collection period.
HB 1016 Requires person possessing an agricultural tax exemption permit and owning an all-terrain vehicle or off-road motorcycle to have a title as proof of ownership, if ownership is transferred on or after 7-1-08. HB 1016 also makes provisions for security interests in ATVs perfected before 7-1-05.
HB 1027 prohibits convicted felons from possessing or using an altered air or toy pistol.
HB 1090 Adjusts the penalty for impersonation of a peace officer to a misdemeanor punishable by imprisonment in the county jail for up to a year, a fine of up to $100, or both. The bill creates a misdemeanor for affixing an insignia to a vehicle that causes people to yield right-of-way under the belief that the vehicle is an authorized emergency vehicle. The penalty is imprisonment in the county jail for up to a year, a fine of up to $1000, or both. It allows privately owned vehicles designated by a sheriff as support vehicles for the sheriff's office to be equipped with sirens and flashing lights. The bill allows courts to waive certain court fees associated with crimes committed while driving with a license that has been suspended, revoked, canceled, denied or disqualified.
HB 1225 expands eligibility for the Oklahoma Employer/Employee Partnership for Insurance Coverage (O-EPIC) Program also known as Insure Oklahoma. The law will extend eligibility for Insure Oklahoma to businesses with 250 or fewer employees who earn up to 250 percent of the federal poverty level. Part of Gov. Henry’s 2004 healthcare plan, the program currently helps eligible small businesses with 50 or fewer employees provide health insurance for their workers. Right now, the premium assistance program limits eligibility to workers earning no more than 185 percent of the federal poverty level. Under Insure Oklahoma, the state pays 60 percent of the insurance costs, the employer pays 25 percent and the employee pays the remaining 15 percent.
HB 1804 (the Oklahoma Taxpayer and Citizen Protection Act of 2007) - will prevent illegal immigrants from taking advantage of taxpayer-funded services except in cases such as a medical emergencies or natural disasters. State law mirrors federal law on transporting and hiding illegal immigrants. This will give our state law enforcement officers the authority to take action in such cases. Under the new law, if an employer releases a U.S. citizen while retaining an illegal immigrant, the citizen can file a discriminatory practice claim and seek to have both his job and back wages restored. In addition, businesses contracting with state agencies that don’t use an online program to verify the immigration status of employees will forfeit the ability to do business with the state. Businesses acting in good faith to verify status will be protected against liability. Finally, children of immigrants who have lived in the U.S. for at least two years and graduated from an Oklahoma high school will still be eligible for in-state college tuition under the law, but those students must be taking the necessary steps for becoming citizens. The new law doesn’t pertain to students currently in college.