Magna Carta News
Friday, November 07, 2003
Oklahoma House of Representatives
November 6, 2003
By MIKE W. RAY
House Media Division Director
OKLAHOMA CITY -- Legislation that became law Nov. 1 allows state officials to take the car keys of any municipal law enforcement agency found to be operating a "speed trap" on a state or federal highway in Oklahoma.
Other measures that went into effect this month allow curfews to be established for minors in Oklahoma and Tulsa counties, address deceptive e-mail and "spam," forbid fake birth or death certificates, clarify child visitation rights of grandparents, require close supervision of paroled perverts, protect grave markers of military veterans, and
authorize traffic tickets for inattentive driving to be issued to errant motorists.
Altogether, 121 bills and sections of three others became law Nov. 1. During this year's First Regular Session of the 49th Legislature, 1,656 bills were introduced (817 in the House and 839 in the Senate), and 62 joint resolutions were filed (36 in the House, 26 in the Senate).
Joint resolutions have the full force and effect of law.
Of those 1,718 measures, 487 bills and joint resolutions, 28 percent of the total, became law. The Governor signed 230 House bills and one House joint resolution, along with 253 Senate bills and two Senate joint resolutions. In addition, one House bill became law after the Governor failed to act on it within five days after it reached his desk while the Legislature was in session.
TRAFFIC
House Bill 1456 by House Speaker Larry E. Adair and Sen. Frank Shurden is intended to prevent municipal "speed traps."
The bill defines a town as a speed trap if more than half of the municipality's operational revenue is generated from traffic tickets issued on a state or federal highway or interstate highway that lies within the boundaries of and on the outskirts of the municipality, and if the preponderance of the traffic citations are issued for exceeding the posted speed limit by no more than 10 miles per hour.
If after an investigation the state Commissioner of Public Safety and the Attorney General determine that a "speed trap" exists, the municipality can be forbidden from enforcing its traffic laws on the segment of any state or federal highway that lies within the city limits. The Oklahoma Highway Patrol would assume responsibility for traffic enforcement on that particular section of highway.
House Bill 1084 by Rep. Paul Roan and Sen. Dick Wilkerson requires motorists to devote their full time and attention to driving. However, a citation for inattentive driving can be issued only if a driver is involved in a traffic accident.
House Bill 1782 by Rep. Lucky Lamons and Sen. Sam Helton requires drivers of vehicles involved in non-injury accidents to move off the roadway as quickly as possible, even before investigators arrive on the scene, so that regular traffic flow can resume.
E-MAIL
House Bill 1683 by Rep. Debbie Blackburn and Sen. Angela Monson deems use of the name or identity of another person or company in a commercial solicitation to be a deceptive trade practice. Similarly, Senate Bill 660 by Sen. Glenn Coffee and Rep. Fred Perry is intended to cut down on junk e-mails, commonly known as "spam." The legislation makes it a crime to falsify e-mail transmission information, send an e-mail with false or misleading information in the subject line, to use a third party's Internet address or domain name without their consent, fail to use the characters "ADV" in the subject line to
indicate an advertisement, or to send sexually explicit material or advertising without including "ADV-ADULT" in the subject line.
A companion measure, House Bill 1691 by Rep. Frank Davis and Senator Coffee, requires distributors of unsolicited spam to remove e-mail recipients from an electronic mail message list upon request.
FAMILY MATTERS
House Bill 1259 by Rep. Dale Wells and Sen. James Williamson establishes criteria or factors to be used in determining the best interest of a minor child when a judge is granting visitation rights to grandparents.
House Bill 1139 by Rep. Darrell Gilbert and Sen. Maxine Horner allows Oklahoma and Tulsa county commissioners to establish curfews for juveniles in unincorporated areas of those counties.
CRIME & PUNISHMENT
House Bill 1319 by Rep. Sue Tibbs and Sen. Randy Brogdon requires the seller of a piece of real estate to disclose if that property was ever the site of a laboratory where methamphetamine was manufactured.
House Bill 1368 by Rep. Tad Jones and Sen. Scott Pruitt makes it a crime to deface or knowingly buy, sell, or barter the grave marker of a military veteran of any war. A violator will be subject to a fine of $50 to $5,000 and/or a six-month county jail sentence.
House Bill 1484 by Rep. Purcy Walker and Sen. Dick Wilkerson provides that any sex offender who is discharged from prison or paroled from custody shall be placed on "intensive supervision" immediately, under the direction of the state Corrections Department.
Registered sex offenders are prohibited by House Bill 1501 from setting up residence within a 2,000-foot radius of any public or private school site or other educational institution. Authors of the measure were Rep. Kevin Cox and Sen. Angela Monson
A related measure, Senate Bill 554, establishes safety zones to prevent child molesters from approaching within 300 feet of a school, licensed child care facility, or playground. SB 554, by Sen. Jonathan Nichols of Norman and Rep. Kevin Cox of Oklahoma City, became law May 12 when it was signed by the Governor.
House Bill 1615 by Rep. Mike Wilt and Sen. Scott Pruitt makes it a crime to tamper with surveillance or security equipment, including cameras.
To make or possess a fictitious or altered birth or death certificate, or to apply for or obtain a birth or death certificate
under false pretenses, was made a crime by Senate Bill 340 authored by Sen. Ben Robinson and Rep. Al Lindley.
Senate Bill 616 by Sen. Jerry Smith and Rep. Jari Askins requires district attorneys to inform crime victims and witnesses that the Oklahoma Constitution allows upon the recommendation of the Pardon and Parole Board and approval of the Governor any sentence, including life without parole, to be commuted.
BUSINESS ISSUES
Insurers are prohibited by Senate Bill 539 from denying, canceling or failing to renew a personal insurance policy solely upon the applicant's credit history. The legislation by Sen. Glenn Coffee and Rep. Danny Morgan also forbids insurers from using an insurance score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status or nationality of the consumer.
MOTOR VEHICLES
House Bill 1449 by Rep. Jerry Ellis and Sen. Frank Shurden allows an employer to search an employee's personally owned vehicle without a search warrant only if the employer owns or rents the property on which the vehicle is located. A warrant is required to search any vehicle parked off the employer's premises, the new law decrees.
House Bill 1599 authorizes a special license plate to honor the Lions Club, and Senate Bill 355 requires a special license plate to be designed for motorcycles owned by physically disabled drivers.
ALCOHOLIC BEVERAGES
House Bill 1014 by Rep. Robert Worthen and Sen. Kevin Easley requires retailers to attach a unique identification seal to each keg of 3.2 beer they sell for off-premises consumption. The ID is expected to cut down on keg parties involving underage drinkers. The legislation is intended to prevent sales of beer kegs to minors and to discourage adults from buying kegs for minors.
House Bill 1107 by Rep. Elmer Maddux and Sen. Harry Coates allows Oklahoma winemakers to sell wine produced at their wineries at festivals and trade shows.
Senate Bill 353 by Sen. Charles Ford and Rep. Joe Dorman allows low-point beer made in Oklahoma to be sold in-state and out-of-state, and allows a manufacturer such as a restaurant brewery to serve customers free samples of low-point beer made on the premises.
STATE GOVERNMENT
The Oklahoma Historical Society is authorized by Senate Bill 527 to charge entry fees at all of its museums and historical sites. Sen. Rick M. Littlefield and Rep. Clay Pope were the authors of the measure. Fiscal analysts calculate the legislation will generate $1 million to $2 million annually for capital improvements to state parks and museums.
Senate Bill 3 by the late Sen. Keith Leftwich and Rep. John Nance changes the date of Oklahoma's presidential preferential primary from the second Tuesday in March to the first Tuesday in February.
House Bill 1007 by Rep. Wayne Pettigrew and Sen. Angela Monson spells out "the only appropriate flag display" in the plaza on the south side of the State Capitol. That display is any combination of the United States flag, the Oklahoma flag, the American Ex-POW flag, and/or a centennial flag. The set of 14 flags that represented the nations and governments
which at one time governed Oklahoma -- and includes the Confederate flag -- will be flown at the state Historical Society's new History Center under construction in the State Capitol Complex on North Lincoln Boulevard.
November 6, 2003
By MIKE W. RAY
House Media Division Director
OKLAHOMA CITY -- Legislation that became law Nov. 1 allows state officials to take the car keys of any municipal law enforcement agency found to be operating a "speed trap" on a state or federal highway in Oklahoma.
Other measures that went into effect this month allow curfews to be established for minors in Oklahoma and Tulsa counties, address deceptive e-mail and "spam," forbid fake birth or death certificates, clarify child visitation rights of grandparents, require close supervision of paroled perverts, protect grave markers of military veterans, and
authorize traffic tickets for inattentive driving to be issued to errant motorists.
Altogether, 121 bills and sections of three others became law Nov. 1. During this year's First Regular Session of the 49th Legislature, 1,656 bills were introduced (817 in the House and 839 in the Senate), and 62 joint resolutions were filed (36 in the House, 26 in the Senate).
Joint resolutions have the full force and effect of law.
Of those 1,718 measures, 487 bills and joint resolutions, 28 percent of the total, became law. The Governor signed 230 House bills and one House joint resolution, along with 253 Senate bills and two Senate joint resolutions. In addition, one House bill became law after the Governor failed to act on it within five days after it reached his desk while the Legislature was in session.
TRAFFIC
House Bill 1456 by House Speaker Larry E. Adair and Sen. Frank Shurden is intended to prevent municipal "speed traps."
The bill defines a town as a speed trap if more than half of the municipality's operational revenue is generated from traffic tickets issued on a state or federal highway or interstate highway that lies within the boundaries of and on the outskirts of the municipality, and if the preponderance of the traffic citations are issued for exceeding the posted speed limit by no more than 10 miles per hour.
If after an investigation the state Commissioner of Public Safety and the Attorney General determine that a "speed trap" exists, the municipality can be forbidden from enforcing its traffic laws on the segment of any state or federal highway that lies within the city limits. The Oklahoma Highway Patrol would assume responsibility for traffic enforcement on that particular section of highway.
House Bill 1084 by Rep. Paul Roan and Sen. Dick Wilkerson requires motorists to devote their full time and attention to driving. However, a citation for inattentive driving can be issued only if a driver is involved in a traffic accident.
House Bill 1782 by Rep. Lucky Lamons and Sen. Sam Helton requires drivers of vehicles involved in non-injury accidents to move off the roadway as quickly as possible, even before investigators arrive on the scene, so that regular traffic flow can resume.
House Bill 1683 by Rep. Debbie Blackburn and Sen. Angela Monson deems use of the name or identity of another person or company in a commercial solicitation to be a deceptive trade practice. Similarly, Senate Bill 660 by Sen. Glenn Coffee and Rep. Fred Perry is intended to cut down on junk e-mails, commonly known as "spam." The legislation makes it a crime to falsify e-mail transmission information, send an e-mail with false or misleading information in the subject line, to use a third party's Internet address or domain name without their consent, fail to use the characters "ADV" in the subject line to
indicate an advertisement, or to send sexually explicit material or advertising without including "ADV-ADULT" in the subject line.
A companion measure, House Bill 1691 by Rep. Frank Davis and Senator Coffee, requires distributors of unsolicited spam to remove e-mail recipients from an electronic mail message list upon request.
FAMILY MATTERS
House Bill 1259 by Rep. Dale Wells and Sen. James Williamson establishes criteria or factors to be used in determining the best interest of a minor child when a judge is granting visitation rights to grandparents.
House Bill 1139 by Rep. Darrell Gilbert and Sen. Maxine Horner allows Oklahoma and Tulsa county commissioners to establish curfews for juveniles in unincorporated areas of those counties.
CRIME & PUNISHMENT
House Bill 1319 by Rep. Sue Tibbs and Sen. Randy Brogdon requires the seller of a piece of real estate to disclose if that property was ever the site of a laboratory where methamphetamine was manufactured.
House Bill 1368 by Rep. Tad Jones and Sen. Scott Pruitt makes it a crime to deface or knowingly buy, sell, or barter the grave marker of a military veteran of any war. A violator will be subject to a fine of $50 to $5,000 and/or a six-month county jail sentence.
House Bill 1484 by Rep. Purcy Walker and Sen. Dick Wilkerson provides that any sex offender who is discharged from prison or paroled from custody shall be placed on "intensive supervision" immediately, under the direction of the state Corrections Department.
Registered sex offenders are prohibited by House Bill 1501 from setting up residence within a 2,000-foot radius of any public or private school site or other educational institution. Authors of the measure were Rep. Kevin Cox and Sen. Angela Monson
A related measure, Senate Bill 554, establishes safety zones to prevent child molesters from approaching within 300 feet of a school, licensed child care facility, or playground. SB 554, by Sen. Jonathan Nichols of Norman and Rep. Kevin Cox of Oklahoma City, became law May 12 when it was signed by the Governor.
House Bill 1615 by Rep. Mike Wilt and Sen. Scott Pruitt makes it a crime to tamper with surveillance or security equipment, including cameras.
To make or possess a fictitious or altered birth or death certificate, or to apply for or obtain a birth or death certificate
under false pretenses, was made a crime by Senate Bill 340 authored by Sen. Ben Robinson and Rep. Al Lindley.
Senate Bill 616 by Sen. Jerry Smith and Rep. Jari Askins requires district attorneys to inform crime victims and witnesses that the Oklahoma Constitution allows upon the recommendation of the Pardon and Parole Board and approval of the Governor any sentence, including life without parole, to be commuted.
BUSINESS ISSUES
Insurers are prohibited by Senate Bill 539 from denying, canceling or failing to renew a personal insurance policy solely upon the applicant's credit history. The legislation by Sen. Glenn Coffee and Rep. Danny Morgan also forbids insurers from using an insurance score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status or nationality of the consumer.
MOTOR VEHICLES
House Bill 1449 by Rep. Jerry Ellis and Sen. Frank Shurden allows an employer to search an employee's personally owned vehicle without a search warrant only if the employer owns or rents the property on which the vehicle is located. A warrant is required to search any vehicle parked off the employer's premises, the new law decrees.
House Bill 1599 authorizes a special license plate to honor the Lions Club, and Senate Bill 355 requires a special license plate to be designed for motorcycles owned by physically disabled drivers.
ALCOHOLIC BEVERAGES
House Bill 1014 by Rep. Robert Worthen and Sen. Kevin Easley requires retailers to attach a unique identification seal to each keg of 3.2 beer they sell for off-premises consumption. The ID is expected to cut down on keg parties involving underage drinkers. The legislation is intended to prevent sales of beer kegs to minors and to discourage adults from buying kegs for minors.
House Bill 1107 by Rep. Elmer Maddux and Sen. Harry Coates allows Oklahoma winemakers to sell wine produced at their wineries at festivals and trade shows.
Senate Bill 353 by Sen. Charles Ford and Rep. Joe Dorman allows low-point beer made in Oklahoma to be sold in-state and out-of-state, and allows a manufacturer such as a restaurant brewery to serve customers free samples of low-point beer made on the premises.
STATE GOVERNMENT
The Oklahoma Historical Society is authorized by Senate Bill 527 to charge entry fees at all of its museums and historical sites. Sen. Rick M. Littlefield and Rep. Clay Pope were the authors of the measure. Fiscal analysts calculate the legislation will generate $1 million to $2 million annually for capital improvements to state parks and museums.
Senate Bill 3 by the late Sen. Keith Leftwich and Rep. John Nance changes the date of Oklahoma's presidential preferential primary from the second Tuesday in March to the first Tuesday in February.
House Bill 1007 by Rep. Wayne Pettigrew and Sen. Angela Monson spells out "the only appropriate flag display" in the plaza on the south side of the State Capitol. That display is any combination of the United States flag, the Oklahoma flag, the American Ex-POW flag, and/or a centennial flag. The set of 14 flags that represented the nations and governments
which at one time governed Oklahoma -- and includes the Confederate flag -- will be flown at the state Historical Society's new History Center under construction in the State Capitol Complex on North Lincoln Boulevard.
