Southwest Oklahoma Legislative Update - House of Representatives

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OKLAHOMA CITY – House Speaker Charles McCall (R-Atoka) issued a statement on Thursday, March 28, celebrating the groundbreaking of the Donahue Behavioral Health Hospital on the Oklahoma State University-Oklahoma City campus.

In part, he wrote in a press release, “I am pleased that the Legislature worked together to fund a significant portion of this much needed project using American Rescue Plan Act (ARPA) funds. This hospital represents our collective commitment to making meaningful progress in addressing mental health, something that affects many citizens and communities throughout our state.”

Rep. Brad Boles (R-Marlow) Two energy-related bills authored by Rep.

Boles unanimously passed out of the Senate Energy and Telecommunications Committee last week.

House Bill 3050 pertains to petroleum storage tanks, modifying the time frame for an appeal and removing certain statutory references. If an owner, operator or responsible person is found to be in violation of the Oklahoma Petroleum Storage Tank Consolidation Act or any order of the Corporation Commission, a written Notice of Violation will be provided to the alleged violator by the Commission. It will specify the cause of the complaint and the notice will require that action or corrective action be initiated immediately.

HB 3534 pertains to oil and gas and proposes to modify surety amounts and types. Any person who drills or operates any well for the exploration, development or production of oil or gas or as an injection or disposal well within Oklahoma will be required to furnish in writing, on forms approved by the Corporation Commission, his or her agreement to drill, operate and plug wells in compliance with the rules of the Commission and Oklahoma laws.

In addition, the person will be required to provide evidence of financial ability to comply with the requirements for plugging, closure of surface impoundments, removal of trash and equipment as established by the rules of the Commission and state law.

Both bills previously passed unanimously in the House Energy and Natural Resources Committee.

Rep. Trey Caldwell (R-Lawton) Another energy-related bill, HB 4095, also passed unanimously from the Senate Energy and Telecommunications Committee last week. The measure, which relates to the Oklahoma Underground Facilities Damage Prevention Act, was authored by Rep. Caldwell and co-sponsored by Rep. Boles (R-Marlow) and Sen. Lonnie Paxton (R-Tuttle).

The proposal outlines requirements before an excavator can demolish a structure and addresses unmarked hydrocarbon and hazardous liquid underground facilities within the area of proposed excavation. It also previously passed unanimously in the House Energy and Natural Resources Committee.

An unrelated bill, HB 4091, also authored by Caldwell, passed unanimously from the Senate General Government Committee Thursday.

The measure pertains to fire districts, specifically agreements for fire protection services by municipalities and procedures for disagreements over service areas. It proposes that disputes be directed to and arbitrated by the Fire Marshal’s Commission.

The measure previously passed unanimously from the House Public Safety Committee.

Rep. Toni Hasenbeck (R-Elgin) A bill creating the Oklahoma Survivors’ Act, Senate Bill 1470, unanimously passed the House Judiciary - Civil Committee last week.

The proposal was authored by Sen. Pro Tem Greg Treat (R-Oklahoma City) and co-sponsored by Hasenbeck.

The measure will direct courts to consider certain mitigating factors in sentencing and establish procedures for resentencing under certain circumstances.

It previously passed unanimously from Senate committees. In part, the proposal states that if the court finds that at the time of the offense the defendant was a survivor of domestic violence or subjected to physical, sexual or psychological abuse and the violence or abuse was a substantial contributing factor in causing the defendant to commit criminal behavior the court will consider sentence modification.

The act previously passed unanimously from Senate committees.

In an unrelated bill co-authored by Hasenbeck with Sen. Chris Kidd (R-Waurika), SB 1929, which will modify various provisions of the State Dental Act, passed the House Public Health Committee on Wednesday, March 27. If signed into law, the act will amend several words, phrases and terms in the state’s statutes. The bill is lengthy, comprising 53 pages, and it covers a variety of topics related to licenses, permits and certificates.

It previously passed unanimously from the Senate Health and Human Services Committee.

Rep. Gerrid Kendrix (R-Altus) Multiple bills co-authored by Rep. Kendrix with Sen. Micheal Bergstrom (R-Adair) passed (not all unanimously) from the House and Senate Administrative Rules Committee last week. The majority of the measures pertained to sunset dates for various boards.

• SB 1234 extends the sunset date for the State Board of Examiners of Perfusionists;

• SB 1235 pertains to advisory committees of licensing boards and eliminates the termination dates of certain committees;

• SB 1231 extends the sunset date of the Board of Podiatric Medical Examiners;

• SB 1229 extends the sunset date of the Oklahoma Partnership for School Readiness Board;

• SB 1230 extends the sunset date of the Oklahoma State Athletic Commission;

• SB 1232 extends the sunset date of the Board of Examiners for Speech-Language Pathology and Audiology;

• HB 2959 recreated the Oklahoma Funeral Board and modified the termination date;

• HB 2958 removed the State Board of Osteopathic Examiners from the Oklahoma Sunset Law;

• HB 2956 recreated the State Board of Medical Licensure and Supervision and modified the termination date;

• HB 2957 removed the State Capitol Preservation Commission from the Oklahoma Sunset Law; • HB 2955 removed the Oklahoma Real Estate Commission from the sunset law.

Rep. Dick Lowe (R-Amber) A carryover bill from 2023, SB 458, which would have provided independent prescriptive authority of Advanced Practice Registered Nurses who met certain requirements was vetoed Friday, March 29.

The measure, co-sponsored by Rep. Lowe, was originally passed by both the Senate and the House and sent to Gov.

Stitt on Monday, March 25. It was vetoed four days later.

The 34-page bill outlined requirements that an Advanced Practice Registered Nurse recognized by the Oklahoma Board of Nursing as a Certified Nurse Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife who has completed a minimum of 6,240 hours of practice with prescriptive authority supervised by a physician or completed an accredited residency program may apply to the Oklahoma Board of Nursing for authority to prescribe and order independent of supervision.

Several other bills Lowe authored or co-sponsored did recently pass from their assigned committees, including HB 2190. The measure, authored by Lowe, would permit the Board of Education of each school district to establish a casualty and flood insurance recovery fund for the purpose of purchasing a high-deductible property insurance policy.

The bill also addresses money transfers from school districts’ general funds.

It passed unanimously from the Senate Education Committee and previously passed unanimously from the House Appropriations and Budget Committee.

Rep. Marcus McEntire (R-Duncan) Rep. McEntire was also a co-sponsor on bill SB 458, along with Lowe, which was vetoed on Friday, March 29.

In addition, SB 809, a carryover bill from 2023 co-sponsored by McEntire, which proposes to allow certain licensees to participate in curbside pickup or delivery of sealed alcoholic beverages will receive an additional committee hearing.

The House Alcohol, Tobacco and Controlled Substances Committee report was rejected last week. A further conference was requested with the same members.

HB 3351, authored by McEntire was withdrawn from the Senate Health and Human Services Committee last week. The measure pertained to medical preceptorship training income tax credit for certain individuals and creating revolving funds transfers.

SB 1739, co-authored by McEntire passed unanimously from the House Public Health Committee on Wednesday, March 27. The measure pertains to eliminating licenses for birthing centers, modifying criteria for coverage of certain benefits and modifying definitions.

Rep. Daniel Pae (R-Lawton) Several bills authored or co-sponsored by Rep. Pae are assigned to the designated committees and are waiting to be considered, including HB 3980 which would provide hospice coverage for Medicaid members and addresses requirements for coverage. It has been referred to the Senate Appropriations Committee.

Rep. Rande Worthen (R-Lawton) A measure pertaining to the death penalty procedure, SB 1702, and co-authored by Rep.

Worthen passed the House Judiciary Criminal Committee by a vote of 7-1 last week. The bill requests confidentiality of identity of certain persons or entities and providing exception to discovery of certain material. It also would provide for retroactive application of certain provisions.

In addition, HB 3002, authored by Worthen, pertains to crimes and punishments; battery and aggravated assault and battery; modifying scope of certain definitions; proof of knowledge and intent; and exceptions passed the Senate Judiciary Committee last week by a vote of 8-2.

Section 3 of the bill amends a prior state statute and stipulates that proof is not required that the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant or that the offender intended to cause the death or bodily injury to the unborn child.