Oklahoma Intercollegiate Legislature Second Session of the Forty-Fifth Legislature Spring 2013 Conference November 13th – 17th, 2013 Oklahoma State Capitol Jacob Daniel Governor Michael Merit Victoria Jensen Lieutenant Governor Chief Justice of the Supreme Court Sean Baser Rosina Albanese President Pro Tempore of the Senate Speaker of the House 1 Schedule of Events Second Session of the Forty-Fifth Oklahoma Intercollegiate Legislature November 13-17, 2013 NOTE: Events in RED are for members who have entertainment passes. Wednesday, Nov. 13th 3:00pm – 4:00pm 4:00pm – 5:00pm 5:00pm – 6:00pm 6:00pm – 7:00pm 7:00pm – 9:00pm 9:30pm – 12:00 am Delegation Check-In Moot Court Contestant Meeting New Delegate Orientation Sophomore Strategy Meeting Joint Session House & Senate Committees Delegation Mixer House Committee Room 412-A Committee Room (TBA) Senate Chambers Committee Room (TBA) House Chamber House & Senate Chambers Hotel Conference Room Thursday, Nov. 14th 8:00am – 11:30am 11:30am – 1:00pm 1:00pm – 6:00pm 1:00pm – 7:00 pm 8:00pm – 12:00am Day of Service; Food Drive Lunch Break General Session Moot Court Competition Team Building Night House & Senate Chambers Committee Room (TBA) Dave & Buster’s Friday, Nov. 15th 8:30am – 12:00pm 9:00am – 12:00pm 12:00pm – 1:00pm 1:00pm – 6:00pm 1:00pm – 6:00pm 7:00pm – 12:30am General Session Moot Court Session Lunch Break General Session Moot Court Session Governor’s Gala House & Senate Chambers Committee Room (TBA) Saturday, Nov. 16th 9:00am – 12:00pm 9:00am – 12:00pm 11:30am – 1:30pm 12:00pm – 1:00pm 1:00pm – 6:00pm 1:00pm – 6:00pm 7:00pm – 11:00pm General Session Moot Court Session Five Star Luncheon Lunch Break General Session Moot Court Session OKC Barons Hockey House & Senate Chambers Committee Room (TBA) Location TBA Sunday, Nov. 17th 9:00am – 3:00pm 9:00pm – 3:00pm 3:00pm – 5:00pm 6:00pm General Session Moot Court Session Closing Joint Session Closing Dinner House & Senate Chambers Committee Room (TBA) House Chamber Luigi’s Pizza House & Senate Chambers Committee Room (TBA) Will Rogers Theater House & Senate Chambers Committee Room (TBA) Cox Convention Center 2 Delegation Chairs Second Session of the Forty-Fifth Oklahoma Intercollegiate Legislature Cameron University East Central University Northeastern State University Oklahoma Baptist University Oklahoma City Community College Oklahoma City University Oklahoma Panhandle State University Oklahoma State University Oral Roberts University Rogers State University Rose State College University of Central Oklahoma University of Oklahoma Kevin Stieb, C. Kennedy Wesley Robertson Allison Moore Rikki Earnest Rico Smith Jessica Vazquez Eva Dye Tucker Chaney, Jennifer Brock Tiffany Rogers Elizabeth Black Justin Scrimshire Kaite Heggy P. Sweatman; M. Gallagher Steering Committee Second Session of the Forty-Fifth Oklahoma Intercollegiate Legislature Governor Lieutenant Governor President Pro Tempore of the Senate Deputy President Pro Tempore of the Senate Speaker of the House Speaker Pro Tempore of the House Attorney General Secretary of State Chief Justice Treasurer 3 Jacob Daniel (OU) Michael Merit (OSU) Sean Baser (OSU) Baylee Butler (OSU) Rosina Albanese (ORU) Mitchell Bryant (OU) Ashley Chase (OSU) Nina Sichterman (OU) Victoria Jensen (ORU) Index Oklahoma Intercollegiate Legislature Statutes: OSU pg. 5 Senate Legislation: East Central University pg. 7 Northeastern State University pg. 12 Oklahoma City University pg. 19 Oklahoma Panhandle State University pg. 24 Oklahoma State University pg. 32 Oral Roberts University pg. 54 Rogers State University pg. 65 Rose State College pg. 69 University of Central Oklahoma pg. 75 University of Oklahoma pg. 96 House Legislation: Northeastern State University pg. 100 Oklahoma Baptist University pg. 114 Oklahoma State University pg. 117 Oral Roberts University pg. 181 Rogers State University pg. 212 Rose State College pg. 217 University of Central Oklahoma pg. 220 University of Oklahoma pg. 233 Addresses: pg. 245 Added Legislation: OSU Pg. 246 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Internal Legislation Bill No. OSU-001 By: Horton of the House (OSU) Thomason of the Senate (RSU) Baser of the Senate (ALU) AS INTRODUCED An act relating to announcements of candidacy; providing short title; providing for codification; providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Filing Dates” Act of 2013. Section 2. NEW LAW: A new chapter of the Oklahoma Intercollegiate Legislature Statutes to read as follows: Chapter Four Announcements of Candidacy SECTION 400: Any person wishing to run for any of the elected offices that make up the Steering Committee must announce their candidacy to the Governor during an open filing window. SECTION 401: The Governor shall open a filing window at 8:00 AM on the last day of Fall Legislative Session and must close that filing window at 11:59 PM on the day three weeks before the first day of the following Spring Legislative Session. SECTION 402: In the event that there have been no announcements of candidacy for certain elected offices that make up the Steering Committee, the Governor shall open a filing window beginning after the First Joint Session of the Spring Legislative Session and ending no later than 11:59 PM on the first day of the Spring Legislative Session. This filing window should only be used to announce candidacy for offices for which no announcements were made in the window described in Section 401. SECTION 403: No filing windows other than those described in Sections 401 and 402 may be opened. 5 1 2 3 4 5 6 7 8 9 10 11 SECTION 404: Any candidate found to have campaigned for any elected office that makes up the Steering Committee without first announcing their candidacy to the Governor shall forfeit their vote in any elections during the following or current Spring Legislative Session. Any such candidate will also forfeit their right to run for elected office for the election in question. Section 3. This act shall become effective at the end of the session of its passage and approval. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) st Senate Bill No. ECU-001 By Lewis (ECU) Morris (ECU) AS INTRODUCED An act relating to adoptions; providing short title; providing for definition; providing for codification; declaring an emergency and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the Oklahoma Adoption Assistance Act of 2013. Section 2. DEFINITION. As used in SECTION 3 of this title “foster child” means a person who has been or is in the foster care program of the Department of Human Services. Section 3. NEW LAW. A new section of law to be codified in the Oklahoma Statutes as follows: The State of Oklahoma shall provide grants for, or reimbursement of non-recurring adoption expenses to secure and support safe and permanent adoptive families for any foster child. Grants or reimbursements up to $5,000 shall be provided to prospective adoptive parents who successfully meet the applicable requirements set forth in 10 O.S. 2001, § 7503-1.1. Section 4. It being immediately necessary to assist adoptive families who lack the financial resources to pay non-recurring adoption expenses, but who are otherwise qualified to be adoptive parents, an emergency is hereby declared to exist, by reason whereof this act shall become effective immediately upon passage and approval. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Joint Resolution No. ECU-101 By Lewis of the Senate (ECU) Morris of the Senate (ECU) Langthorn of the Senate (UCO) Gbadamosi of the Senate (CU) Thomason of the Senate (RSU) Robertson of the House (ECU) Starkey of the House (ECU) Wilder of the House (UCO) AS INTRODUCED A resolution relating to marriage; directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution by repealing section 35 of Article II; providing ballot title; and directing filling. BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 2ND SESSION OF THE 45TH OKLAHOMA INTERCOLLEGIATE LEGISLATURE: Section 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Article II of the Constitution of the State of Oklahoma by repealing Section 35. Section 2. The ballot title for the proposed Constitutional amendment as set forth in Section 1 of this act shall be in the following form: BALLOT TITLE Legislative Referendum No. O.I.L. Question No. THE GIST OF THE PROPOSITION IS AS FOLLOWS: This measure repeals a section of law from the Constitution. It would eliminate the prohibition against marriage licenses being issued to persons of the same sex, and allow persons of the same sex who are legally married in other states to have their marriages recognized in Oklahoma. SHALL THE PROPOSAL BE APPROVED? YES, FOR THE AMENDMENT NO, AGAINST THE AMENDMENT 8 1 2 3 4 5 Section 3. The Chief Clerk of the House of Representatives, immediately after the passage of this resolution, shall prepare and file one copy thereof, including the Ballot Title set forth in Section 2 hereof, with the Secretary of State and one copy with the Attorney General. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) Senate Resolution No. ECU-301 By: DePre (ECU) AS INTRODUCED A resolution pertaining to the disadvantage of mandatory jury duty and the way it affects the attendance and success of higher education students; WHEREAS, Higher education is essential to many careers in both today’s and tomorrow’s economy; and WHEREAS, Higher education requires an extensive commitment of time and money by the students; and WHEREAS, The Oklahoma legislature has always been supportive of improving the success rate of higher education students; and WHEREAS, A summons to jury duty of a student in a higher education institute requires a student to, at minimum, miss five (5) days of class and negatively impacts grades, affecting a student’s grade point average and scholarship eligibility; THEREFORE, BE IT RESOLVED BY THE SENATE OF THE 2ND SESSION OF THE 45TH OKLAHOMA INTERCOLLIEGIATE LEGISLATURE: THAT The Oklahoma Intercollegiate Legislature requests the Oklahoma legislature to pass legislation exempting students of higher education from jury duty during an academic semester for which that student is currently enrolled. THAT Students enrolled as a full time student (according to that institution’s fulltime requirements at the time of the summons) in any public or private institute of higher education in the State of Oklahoma be exempted from jury duty upon request from the student. THAT Students enrolled for the amount of hours equivalent to full time enrollment as an undergraduate or graduate student during any 16 or eight week in any public or private institute of higher education outside of the State of Oklahoma shall be exempted from jury duty on request of the student. THAT A copy of this resolution shall be distributed to the Oklahoma State Regents for Higher Education and the Oklahoma State Legislature for consideration and due passage. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Oklahoma Intercollegiate Legislature 2nd session of the 45th Legislature Senate Resolution No. ECU-302 By: DePre (ECU) AS INTRODUCED A resolution affecting the availability of textbooks for student use and the publication of textbook information for the benefit of the student. WHEREAS, Textbooks and other course materials cost Oklahoma students an estimated $1000 annually; and WHEREAS, Many students use their textbooks sporadically throughout the semester, with some materials never being used at all; and WHEREAS, Students who resell their textbooks through bookstores generally are only able to exchange the book for less than half of the original price; and WHEREAS, Increased availability of required texts through publicly available means would reduce many students' need to purchase those texts; THEREFORE, BE IT RESOLVED BY THE SENATE OF THE 2ND SESSION OF THE 45TH OKLAHOMA INTERCOLLIEGIATE LEGISLATURE: THAT All Oklahoma institutions of higher education be encouraged to maintain a copy of required course texts in the libraries on their campuses. THAT Required textbooks available in digital format be made accessible to students via university computer networks. THAT Professors be encouraged to clearly delineate between texts they consider required versus those they consider recommended. THAT A copy of this resolution be distributed to all Oklahoma institutions of higher education, the Oklahoma State Regents for Higher Education and Council on Student Affairs (COSA). 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. NSU-001 By: Aman (NSU) AS INTRODUCED An act relating to SNAP reform; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Better Food” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Eligibility for the program shall change to include the cost of bills per month not including second mortgages or refinanced loans. If the cost of bills exceeds seventy-five percent (75%) of the household income based on tax returns for the previous year the applicants shall receive thirty percent (30%) of their income. No person shall be allowed on a household application that was not on the taxes with the exception of birth, adoption, or marriage. Proof of all changes shall be required. This only applies to households under twenty-five thousand dollars ($25,000.00) annual income. Foods covered shall no longer cover single carbonated beverages, candy, or energy drinks. Section 3. This act shall become effective 90 days after passage and approval. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. NSU-002 By: Aman (NSU) AS INTRODUCED An act relating to social contracts; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Ratify Again” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: “Every eighteen (18) years the people of the state of Oklahoma shall take under consideration the continued use of the state constitution and membership to the Union of the United States of America. If either votes shall fail then neither of those documents shall be considered the ruling documents of the state. The state shall then have a constitutional convention within one hundred eighty (180) days of the failure to ratify the documents. An interim government shall consist of those people elected on the ballot and whose office was not up for election. During that time, the current counties shall elect electors to the convention. If the vote to continue in the Union of the United States of America shall fail then state shall petition the federal government for peaceful dismissal of its duties to the United States of America. The Congressmen of the State of Oklahoma will only be authorized to discuss Oklahoma's removal during this time.” Section 3. This act shall become effective on November 1 after passage and approval. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. NSU-003 By: Morgan (NSU) AS INTRODUCED Amending O.S. 26§1-104; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Independent Oklahoma’s” Act of 2013 Section 2. Amending O.S. 26§1-104 A. No registered voter shall be permitted to vote in any Primary Election or Runoff Primary Election of any political party except the political party of which his registration form shows him to be a member, except as otherwise provided by this section. B. 1. A recognized political party may permit registered voters designated as Independents pursuant to the provisions of Section 26-4-112 of this title to vote in a Primary Election or Runoff Primary Election of the party. 2. The state chairman of the party shall, between November 1 and 30 of every odd numbered year, notify the Secretary of the State Election Board as to whether or not the party intends to permit registered voters designated as Independents to vote in a Primary Election or Runoff Primary Election of the party. If the state chairman notifies the Secretary of the State Election Board of the party's intention to so permit, registered voters designated as Independents shall be permitted to vote in any Primary Election or Runoff Primary Election of the party held in the following two (2) calendar years. If the state chairman of one party notifies the Secretary of the State Election Board of the party's intent to so permit, the notification period specified in this paragraph shall be extended to December 15 for the state chairman of any other party to so notify or to change prior notification. A registered voter designated as Independent shall not be permitted to vote in a Primary Election or Runoff Primary Election of more than one party. 3. Failure to so notify the Secretary of the State Election Board shall serve to prohibit registered voters designated as Independents from voting in a Primary Election or Runoff Primary Election of the party. 4. A group of persons seeking to form a recognized political party pursuant to the provisions of Section 26-1-108 of this title shall, upon filing of the petitions seeking recognition of the political party with the Secretary of the State Election Board, notify the Secretary of the State Election Board 14 1 2 3 4 5 6 7 8 9 10 11 as to whether or not the party intends to permit registered voters designated as Independents to vote in a Primary Election or Runoff Primary Election of the party. If the party is recognized and the group of persons seeking recognition of the party notifies the Secretary of the State Election Board of such intention, Any registered voters designated as Independents shall be permitted to vote in any Primary Election or Runoff Primary Election of the either party held prior to January 1 of the following even-numbered year. Section 3. This act shall become effective upon the next election cycle following its passage and approval. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. NSU-004 By: Simmons (NSU) AS INTRODUCED An act relating to Corrections; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Oklahoma Corrections” Act of 2013. Section 2. NEW LAW. A new section of the law to be codified in the Oklahoma Statutes as Section 510.5 of Title 57 unless there is created a duplication in numbering, to read as follows: Section 510.5A(1). All individuals offered employment as a corrections officer shall be required, in addition to all other preemployment requirements, to be subjected to and successfully pass the following psychological tests as a condition of employment: 1) Minnesota Multiphasic Personality Inventory-2 (MMPI-2). Section 510.5A(2). All individuals required to be tested pursuant to Section 510.5A(1) shall submit to periodic psychological re-testing as follows: 1. Beck Anxiety Inventory (BAI) every 10 years following employment; 2. Beck Depression Inventory II (BDI-II) every 10 years following employment: and 3. Beck Hopelessness Scale (BHI) every 10 years following employment. Section 510.5A(3). Failure of a correctional officer to comply with the requirements set forth in Section 510.5A(1) and Section 510.5A(2) above shall be subject to termination of employment with the Oklahoma Department of Corrections. Section 510.5A(4). In the event that a correctional officer fails the psychological tests requirements set forth in this Section, during the time of employment, and pursuant to Section 510.5A(2), and in addition to satisfactory scores set by Oklahoma Department of Corrections, said corrections officer shall participate in counseling therapy to determine further need of therapy or termination by the Oklahoma Department of Corrections. Section 510.5A(5). The Department of Corrections shall periodically 16 1 2 3 4 5 6 7 update and/or replace the psychological tests in section 510.5A(1) and 510.5A(2) with new editions of the current tests that receive validation by the American Psychological Association and which are of equal or greater value than the self-report inventories in Section 510.5A(1) and 510.5A(2) or with new tests validated by the American Psychological Association. Section 3. This act shall become effective November 1, 2014. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. NSU-005 By: Burris of the Senate (NSU) Moore of the House (NSU) AS INTRODUCED An act relating to accessibility; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “ADA Now” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Oklahoma adopts the Americans with Disabilities Act as state law. Section 3. This act shall become effective 90 days after passage and approval. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oklahoma Intercollegiate Legislature 2 Session of the 45rd Legislature (2013) nd Senate Bill No. OCU-001 By: Martinez (OCU) AS INTRODUCED An act relating to public wireless internet; providing short title; providing for definitions; providing for codification, providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Wi-Fi Accessibility” Act of 2013. Section 2. DEFINITIONS Wi-Fi: A facility allowing computers, or other devices to connect to the Internet. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: The commissioner of the Department of Commerce will enter into contracts for the provision of free Wi-Fi Internet access in the Oklahoma City downtown area. Section 4. This act shall become effective 90 days after passage and approval. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oklahoma Intercollegiate Legislature 2 Session of the 45rd Legislature (2013) nd Senate Bill No. OCU-002 By: Vazquez (OKCU) Martinez (OKCU) AS INTRODUCED An act relating to wearing pink; providing short title; providing for codification, providing for punishment; providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “On Wednesdays We Wear Pink” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All those residing within Oklahoma borders on the first Wednesday of every month shall wear pink. Their attire on this day shall consists of a minimum of 25% pink clothing article(s) in any shade of pink. Any person who violates this act shall be guilty of a misdemeanor. Section 3. This act shall become effective 90 days after passage and approval. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OCU-003 By: Nason (OCU) AS INTRODUCED An act relating to shower size regulation; providing short title; providing for codification, providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Room to Bathe” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Due to the increasing mass of the American people and typically small standard showers, it is resolved all showers must have a base area of at least twelve (12) square feet with no side being shorter than three (3) feet long. Section 3. This act shall become effective 90 days after passage and approval, after which all new constructions must abide by this regulation. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OCU-004 By: Welch (OCU) AS INTRODUCED An act relating to End of Instruction Testing in the Oklahoma Department of Education; providing short title; providing for codification; providing for nullification; providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “End of EOI” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Due to the ineffectiveness of End of Instruction (EOI) testing in Oklahoma’s public education system, they are here now abolished from the education curriculum. Section 3. Any conflicting acts preceding this act are hereby nullified Section 4. This act shall become effective during the 2014-2015 schools year. 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OCU-005 By: Welch (OCU) AS INTRODUCED An act relating to mandatory minimum sentencing in drug related offenses; providing short title; providing for codification; providing for nullification; providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Drug Equalization” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: It is in the best interest of the people of Oklahoma to create a fair standard for crack and powdered cocaine offenses, initiating a 1-1 ratio of mandatory minimum sentencing regarding these offenses. The mandatory minimum sentence for possession of crack or powdered cocaine will remain at the powdered cocaine level of five-hundred (500) grams incurring a five (5) year sentence minimum. Section 3. Any conflicting acts preceding this act are hereby nullified Section 4. This act shall become effective 90 days after passage and approval. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OPSU-001 By: Brown-Jutras (OPSU) AS INTRODUCED An act relating to charter school funding; providing short title; providing for definitions; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Opportunity for Excellence” Act of 2013. Section 2. DEFINITIONS A. Primary education: kindergarten through eighth (8th) grade education. B. Charter school: public school established by contract with a board of education of a school district. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: Primary education charter schools shall receive additional annual funding according to students’ performance on the Oklahoma Core Curriculum Test (OCCT). If the charter school’s average OCCT score exceeds the average OCCT score of the district’s comparable schools, it shall receive a one (1) percent increase in current funding for every one (1) percentage point that the charter school’s average OCCT score exceeds the average OCCT score of the district’s comparable schools. Section 4. This act shall become effective 90 days after passage and approval. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OPSU-002 By: Dye (OPSU) AS INTRODUCED An act relating to fluoridation of public water supplies; providing short title; providing for definitions; providing for codification; providing for penalties; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Drinking Water Choice” Act of 2013. Section 2. DEFINITIONS A. Fluoride: a chemical compound that contains the fluoride ion and is used to fluoridate drinking water, including fluorosilicic acid, sodium fluorosilicate, or sodium fluoride. B. Fluoridation: the adding of any fluoride containing substance, whether man-made or naturally occurring, to water. C. Public water supply system: a system that provides water via piping or other constructed conveyances to the public for human consumption. D. Referendum: the submission of a proposed question or issue to a direct popular vote. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: A. Each political subdivision of the state, where any public water supply system engages in fluoridation of its water, is required to have a referendum to determine whether fluoridation shall cease or continue. B. The county election commission shall place the question on the ballot of the next regularly scheduled election. C. All costs associated with the referendum shall be paid for by the political subdivision(s) conducting the referendum. D. If the majority of the vote is to cease fluoridation, then all public water supply systems providing water within the political subdivision wherein the referendum was conducted shall cease fluoridation of all water provided within the political subdivision within thirty (30) days of certification of the election results by the county election commission. E. The Oklahoma Department of Environmental Quality is authorized to promulgate rules and regulations to effectuate the purposes of this act. 25 1 2 3 4 5 6 7 8 Section 4. PENALTIES If a public water supply system fails to comply, the Oklahoma Department of Environmental Quality shall take enforcement action as provided for in Title 252 Section 4 of the Oklahoma Statutes. Section 5. This act shall become effective 90 days after passage and approval. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OPSU-003 By: Dye (OPSU) AS INTRODUCED An act relating to establishing the Government Initiative for Neglected Gingers’ Encouragement and Revitalization (G.I.N.G.E.R.) program; providing short title; providing for definitions; providing for codification; providing for penalties; and declaring an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “G.I.N.G.E.R” Act of 2013. Section 2. DEFINITIONS A. Ginger: an individual with pale skin, freckles, and a natural scalp hair color of red, ginger, strawberry blond, copper, or auburn. B. Declaration of gingerhood: a signed statement from a licensed physician affirming that an individual is a ginger. C. Ginger identification number: a unique eight (8) digit number assigned to each registered ginger for identification purposes. D. Ginger identification card: an official government identification card which includes name, date of birth, and ginger identification number. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: A. The Government Initiative for Neglected Gingers’ Encouragement and Revitalization (G.I.N.G.E.R.) program shall be established to administer and regulate ginger benefits and ginger public awareness in the state. B. The G.I.N.G.E.R. program shall award the following benefits to eligible gingers upon request: a. Scholarship for complete payment of tuition, fees, and university housing at any Oklahoma higher educational institution. b. Grant of two thousand dollars ($2000) for new resident expenses after newly obtaining residency status in Oklahoma. c. Grant of five hundred dollars ($500) for annual sunscreen expenses. C. Benefit eligibility requires a ginger identification number. This number is acquired by the following steps: a. The individual must be evaluated by a licensed physician. b. If the physician determines the individual to be a ginger, the 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 physician may issue a declaration of gingerhood. c. The individual must then submit an application for ginger identification. The application must include declaration of gingerhood, social security card, and photo identification. d. If the application is satisfactory, a ginger identification card is issued to the applicant. D. The G.I.N.G.E.R. program shall require the following public awareness initiatives: a. All Oklahoma educational institutions receiving state funds must observe “Ginger History Month” during the month of April. b. All Oklahoma educational institutions receiving state funds must observe “Hug a Ginger Day” on the twentieth (20th) day of November. c. The city of Oklahoma City must host a “Ginger Pride” parade on the first (1st) weekend of September. Section 4. PENALTIES Any individual or entity, public or private, found in violation of this act shall be punishable at the discretion of Chuck Norris. Section 5. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OPSU-004 By: Murphy (OPSU) AS INTRODUCED An act relating to the Oklahoma Higher Learning Access Program; providing short title; amending Title 70 O.S. 2605; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Fair Access for Higher Learning” Act of 2013. Section 2. AMENDATORY 70 O.S. 2605 is amended to read as follows: D. Except as otherwise provided for in subsection E of this section and except for students who qualify pursuant to subsection B of Section 2603 of this title, a student shall not be found to be in financial need for purposes of the Oklahoma Higher Learning Access Program if: 1. At the time the student applies for participation in the Program during the eighth, ninth or tenth grade for students enrolled in a public or private school, or between the ages of thirteen (13) and fifteen (15), for students who are educated by other means, the income from taxable and nontaxable sources of the student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per year; and 2. At the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student's parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per year. At the time the student applies for participation in the Program and begins postsecondary education, special consideration shall be granted to those whose incomes vary year to year, primarily focusing on the small business ownership and agricultural fields. The determination of financial qualification as set forth in this paragraph shall be based on the income of the student, not the income of the parent(s), if a student: a. is determined to be independent of the student's parents for federal financial aid purposes, b. was in the permanent custody of the Department of Human Services at the time the student enrolled in the program, or c. was in the court-ordered custody of a federally recognized 29 1 2 3 4 5 6 7 8 Indian tribe, as defined by the federal Indian Child Welfare Act, at the time the student enrolled in the program. The provisions of this paragraph shall not apply to any student who has received an Oklahoma Higher Learning Access Program benefit award prior to the 2012-2013 school year. Section 3. This act shall become effective one (1) year after passage and approval. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OPSU-005 By: Murphy (OPSU) AS INTRODUCED An act relating to the heinous exploitation of friendship; providing short title; providing for definitions; providing for codification; providing for penalties; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Stop Friend Zoning” Act of 2013. Section 2. DEFINITIONS A. Friend Zone – a platonic relationship wherein one person wishes to enter into a romantic relationship while the other person does not. B. Friend Zone activities – actions perpetrated by the uninterested member of the friend zone against the interested member of the friend zone, including but not limited to: 1. Telling them that they are “considering” the relationship. 2. Cuddling, hugging them, and saying, “You are a good friend,” while patting them on the back. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: The friend zone and all friend zone activities are hereby prohibited. Anyone found to have been victimized by the friend zone shall be awarded a sucker and a pat on the back before being told to get on with their life. Section 4. PENALTIES Any person found in violation of this law: 1. Shall be shunned repeatedly, Charlie the Unicorn style. 2. Shall be forced to watch Charlie the Unicorn until his/her IQ matches that of a cucumber. Section 5. This act shall become effective 90 days after passage and approval. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) Senate Bill No. OSU-001 By: Barton (OSU) AS INTRODUCED An Act related to shooting sports in Oklahoma public schools; providing for short title; codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Shooting in Schools” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: At the decision of the school districts choice a sponsored adoption of shooting program(s) including but not limited to archery, rifle, pistol, and living history clubs may be developed and permitted by the educational institution. When a program allowing designated shooting sports is adopted, allowing such items as pertains to the sporting event shall be allowed only at the discretion of first the district, second the head of designated faculty administration, and finally the certified sponsor. The policy of the district concerning the disciplines shall be set by the district board of education Responsibility of regulation as needed, and implementation of policy for the welfare of the all (1st) students, (2nd) faculty, and (3rd) visitors as shall be seen as the duty of the head of administration. A designated sponsor shall have authority overseeing the event. Certified sponsor(s) maintain the responsibility of ensuring safety and welfare of students and attenders. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: At least one (1) month prior to the beginning of the program a report must be submitted outlining the safety procedures being taken to the Board of Education for the state of Oklahoma, chain of authority including administration, faculty, certified and non-certified sponsor(s) and volunteers that has been approved by the board of education of the district, and precautions taken to ensure the safety of students and volunteers. Any practice or event may not happen without the physical presence of a certified sponsor or volunteer. The sponsors of the school program(s) either faculty or volunteer(s) must have completed a safety certification given by the Oklahoma Cooperative Extension Service or at least five (5) hours of safety courses. Current and previously employed citizens that 32 1 2 3 4 5 6 7 8 9 10 11 12 have served for at least one year of service are exempt from required safety courses. Hours of safety can be received by gaining a hunter safety verification or as other classes held by the Oklahoma Cooperative Extension Service are granted. Partnerships of the school system with organizations such as 4-H, FFA, and National Rifle Association, and Boy Scouts of America are highly encouraged for the intent of creating a successful program benefiting the students and ensuring safety for all. Any individual or institution does not follow the process outlined is subject to the full force of state and federal law. Section 4. This act shall become effective on July 4, 2014 Anno Domini (In the year of our lord) after its passage and approval. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) Senate Bill No. OSU-002 By: Barton (OSU) AS INTRODUCED An Act relating to the misuse of pharmaceutical drugs controlled substances and illegal drugs, providing short title, providing for definitions, providing for codification, providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. Always being said in a vampire voice, this act shall be known as “We Shall Search Your Blood” Act of 2013. Section 2. DEFINITIONS: A. "Illegal drug" means a drug whose distribution is a violation of state law Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Possession of Illegal drugs includes physical possession as well as consumption. Violators are subject to the full force of state and federal law. If probable cause exists of the violation relating to the use or consumption of illegal or unprescribed drug the individual may be tested. Section 4. This act shall become effective on July 4, 2014 Anno Domini (In the year of our lord) after its passage and approval. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) Senate Bill No. OSU-003 By: Barton (OSU) AS INTRODUCED An act relating to vehicle license plates; providing for repealer; providing for codification; amending 47 O.S. §429; amending 47 O.S. §1113.A.2; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Plated Front and Back” Act of 2013. Section 2. REPEALER O.S. 47 §4-107. Subsection (d) is hereby repealed (d) A person who removes a license plate from a vehicle or affixes to a vehicle a license plate not authorized by law for use on said vehicle with intent to conceal or misrepresent the identity of the vehicle or its owner shall, upon conviction, be guilty of a misdemeanor. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: The owner of a motor vehicle to which license plates have been assigned by the Department may remove the license plates from the motor vehicle and use them on another motor vehicle owned by a person operating a garage or owned by a motor vehicle dealer provided such use does not extend for more than five days and provided the use is limited to the time during which the first motor vehicle is being repaired or while the second motor vehicle is loaned to him for demonstration. The policy of liability insurance issued to the owner of a motor vehicle and covering the operation thereof shall extend to and be the primary insurance applicable to his operation of a motor vehicle on which he has placed license tags from another motor vehicle. A. Every license plate shall be securely fastened to the motor vehicle, trailer, or semitrailer to which it is assigned: 1. So as to prevent the plate from swinging, 2. In a position to be clearly visible, and 3. In a condition to be clearly legible. B. No colored glass, colored plastic, bracket, holder, mounting, frame, or any other type of covering shall be placed, mounted, or installed on, 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 around, or over any license plate if such glass, plastic, bracket, holder, mounting, frame, or other type of covering in any way alters or obscures (i) the alpha-numeric information, (ii) the color of the license plate, (iii) the name or abbreviated name of the state wherein the vehicle is registered, or (iv) any character or characters, decal, stamp, or other device indicating the month or year in which the vehicle's registration expires. No insignia, emblems, or trailer hitches or couplings shall be mounted in such a way as to hide or obscure any portion of the license plate or render any portion of the license plate illegible. There shall be nothing on the license plate that makes it unable to be read being but not limited to mud or reflective substance. Section 4. AMENDATORY 47 O.S.429. No license or license plate issued pursuant to this Act may be sold or transferred, and no license or license plate may be transferred from one vehicle to another. Section 5. AMENDATORY O.S. §47-1113. Subsection A, 2 is amended to read as follows: 2. License plates assigned to a motor vehicle, other than a motorcycle, tractor truck, trailer, or semitrailer, or to persons licensed as motor vehicle dealers or transporters of unladen vehicles, shall be attached to the front and the rear of the vehicle. The license plate assigned to a motorcycle, trailer, or semitrailer shall be attached to the rear of the vehicle. The license plate assigned to a tractor truck shall be attached to the front of the vehicle. The license plates issued to licensed motor vehicle dealers and to persons licensed as transporters of unladen vehicles shall consist of one (1) plate for each set issued and shall be attached to the rear of the vehicle to which it is assigned. License plates attached to trailers shall be attached within five (5) feet of the rear of the trailer so that the license plate can be read by a following vehicle. The license plates shall be securely attached to the front and rear of all vehicles and trailers for use on public roads and highways within the state, except truck-tractor plates which shall be attached to the front of the vehicle. The Tax Commission may, with the concurrence of the Department of Public Safety, by Joint Rule, change and direct the manner, place and location of display of any vehicle license plate when such action is deemed in the public interest. The license plate, decal and all letters and numbers shall be clearly visible at all times. The operation of a vehicle in this state, regardless of where such vehicle is registered, upon which the license plate is covered, overlaid or otherwise screened with any material, whether such material be clear, translucent, tinted or opaque, shall be a violation of this paragraph. 36 1 2 3 Section 6. This act shall become effective on July 4, 2014 Anno Domini (In the year of our lord) after its passage and approval. 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-004 By: Bolack (OSU) Baser (OSU) AS INTRODUCED An act relating to relationships; providing short title; providing for definitions; amending Title 21 O.S. 882; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “For Hefner” Act of 2013. Section 2. DEFINITION: Adultery: Voluntary sexual intercourse between a married man and someone other than his wife or between a married woman and someone other than her husband Section 3. AMENDATORY 21 O.S. 882, is amended to read as follows: The last preceding section does not extend: 1. To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor, 2. To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor, 3. To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor, 4. To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life; nor, 5. To any person whose husband or wife has committed adultery as determined by a competent court. Section 4. This act shall become effective 90 days after passage and approval. 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-005 By: Bolack (OSU) AS INTRODUCED An act relating to dog control; providing short title; providing definitions; providing for codification, providing for penalties, providing for nullification, and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Anti Breed Specific” Act of 2013. Section 2. DEFINITIONS: A. Canine: a dog B. Dog Sanctuary: a facility where canines are brought to live and be protected for the rest of their lives. C. Dog Shelter: a facility where canines are brought to live and sought to be placed with individuals or groups. D. Obedience School: an institution that trains pets how to behave properly Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All owners of the canine species are required to do as follows: A. Within thirty (30) days of acquiring a canine, exceptions stated in subsection C, the canine must be taken to an animal professional and be deemed mentally stable in a public environment B. If canine is not deemed mentally stable, ownership will no longer be maintained and canine will be sent to a dog sanctuary or shelter determined by the animal professional; exceptions being given in subsection D. C. Mental examination will not be required for any canine under one (1) year of age but will be within thirty (30) days of reaching one (1) year of age. D. If mental examination is not passed, owner has the alternative option of sending their canine to obedience school and having them reexamined up to two (2) more times. Section 4. PENALTIES: 39 1 2 3 4 5 6 7 8 9 10 11 A. If owner fails to have canine examined in stated time period, the result will be a fine up to five-hundred dollars ($500.00) and an extended time period of fifteen (15) days to get an examination for the canine. B. If owner fails to have canine examined in extended time period, the result will be a fine up to five-hundred dollars ($500.00) and will be forced to turn dog over to animal welfare. Section 5. Any conflicting acts preceding this act are hereby nullified. Section 6. This act shall become effective 1 year after passage and approval. 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-006 By: Bolack (OSU) Davis (OSU) AS INTRODUCED An act relating to crime and punishment; providing short title; providing for codification, providing for nullification, and declaring an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “For Life” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Life imprisonment sentence length shall be determined by the life expectancy of the average individual of the offender’s gender and state of residence as determined by the state of Oklahoma. Section 3. Any conflicting acts preceding this act are hereby nullified. Section 4. It being immediately necessary for the preservation of health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-007 Chaney (OSU) AS INTRODUCED An act relating to the use of skateboards as a means of transportation on public higher education campuses; providing short title; providing for codification; providing definitions; and providing an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Get Off That Board, Bro” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: No person on a public higher education campus may use a skateboard or other such device as a mode of transportation. This includes weekends, campus holidays, and other instances in which the campus is considered closed. Section 3. DEFINITIONS A. Skateboard: A mode of transportation made up of a board attached one (1) or more wheels on which one stands and propels his/her self with his/her feet. Section 4. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-008 By: Chaney (OSU) AS INTRODUCED An act relating to the provision of safe smoking rooms on public campuses; providing short title; providing for codification; providing for nullification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Smoke in Peace” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All public higher education campuses must either (a) build a free standing structure in compliance with all building codes or (b) designate an existing structure or (c) designate an existing room(s) within a structure to be a safe smoking room available to all enrolled students, staff, and faculty in a central, easy to access area of campus. This room(s) must also meet the following conditions: A. B. C. D. E. F. Must be free of hazardous, combustible material Not be designated for use other than that which is outlined in this act Provide proper and safe receptacles for disposal of smoking waste Provide safe and adequate seating for individuals using the room Must be Properly labeled as a designated safe smoking room Must remain open twenty-four (24) hours, with the exception of campus holidays Section 3. Any section(s) of any act(s) that directly applies to such a room is hereby nullified. Section 4. This act shall become effective 90 days after passage and approval. 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-009 By: Chaney (OSU) AS INTRODUCED An act relating to the hunting of drones in Oklahoma; providing short title; providing definitions; providing for codification; providing penalties; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “No-Drone Zone” Act of 2013. Section 2. DEFINITIONS Unmanned Aerial Vehicle: Any unmanned aircraft remotely controlled by radio frequency, infrared, or other such means of control, used for the purposes of surveillance, hunting, home defense, recreation, or any other purpose(s) not mentioned. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Any person owning a current and valid Annual Hunting License issued by the Oklahoma Department of Wildlife Conservation may engage an Unmanned Aerial Vehicle, providing that all of the following stipulations are met: A. Unmanned Aerial Vehicles must be within one-thousand (1,000) vertical feet as determined by visual estimation or distance finding device. B. Unmanned Aerial Vehicles must be within than twenty (20) degrees of an axis perpendicular to the ground. C. Unmanned Aerial Vehicles must be visually determined to be small enough to clearly be unmanned or; be known models of existing Unmanned Aerial Vehicles. D. Unmanned Aerial Vehicles clearly distinguishable as remote control toys may not be engaged if their operator is within visual distance unless the Unmanned Aerial Vehicle is occupying private air space. E. Unless there exists an imminent threat to life and safety, the shooter is limited to only firing three (3) shots at any one Unmanned Aerial Vehicle during a single engagement. For the purposes of this law, each engagement of the same Unmanned Aerial Vehicle must be separated by a period of two (2) hours. 44 1 2 3 4 5 6 7 8 9 10 Section 4. PENALTIES A. If a hunter is found to be in violation of any stipulations listed in Section 4 of this law, a fine of fifty dollars ($50.00) is to be placed on the individual per each violation. B. In addition to any applicable fine, an individual deemed responsible for poaching a remote controlled toy shall reimburse the owner of the toy with an amount equal to the value of the toy. Section 5. This act shall become effective 90 days after passage and approval. 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-010 By: Davis (OSU) AS INTRODUCED An act relating to drink sales in and associated with public education in the state of Oklahoma; providing short title; providing for definition; providing for codification; providing for penalties; providing for repealer; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “School Drink Nutrition” Act of 2013 Section 2. DEFINITIONS: A. Diet/Light Soda: Any soda that claims zero (0) calories or significantly reduced calorie content due to use of artificial sweeteners such as aspartame. Section 3. NEW LAW: A new section of law to be codified in the Oklahoma Statutes to read as follows: Diet Soda sales in vending machines, cafeterias or any other form of sales are henceforth prohibited in all schools, and any event or public facility funded by a school district in the State of Oklahoma. Section 4. PENALTIES Any school or school district found to be in conflict of this law or any of its provisions shall be punishable under Oklahoma law according to the following penalties: A. Any publicly funded school found in violation of this law shall be given two (2) weeks to comply with this law or lose all state funding and state directed federal funding. B. Any public school district found in violation of this law shall be given four (4) weeks to comply with this law or lose all state funding and state directed federal funding. Section 5. All acts or parts of acts in conflict with these provisions are hereby repealed. Section 6. This Act shall become effective on June 1, 2014 after passage and approval. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-011 By: Davis (OSU) AS INTRODUCED An act relating to warrants and law enforcement in the State of Oklahoma; providing short title; providing for definition; providing for codification; providing for penalties; providing for nullification; and declaring an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Protect Oklahomans” Act of 2013 Section 2. DEFINITIONS A. No-Knock Warrant: A warrant issued by a judge allowing law enforcement officers to enter a property without immediate prior notification of the residents. B. Lead Officer: Any officer who has the highest rank and is in charge of the operation of a group of officers. C. Punishment for Insubordination: Any demotion, lost pay, or termination of employment directly because of refusal to participate in a No-Knock Raid. Section 3. NEW LAW a new section of law to be codified in the Oklahoma Statutes to read as follows: No-Knock Warrants are now forbidden from issue and practice. No-Knock raids are also themselves herein illegal. Section 4. PENALTIES Any law enforcement officer, Federal or State who is found in conflict with this law, issuing a No-Knock Warrant or performing a No-Knock Raid, shall be punishable under Oklahoma law. Any law enforcement officer who is punished for insubordination directly resulting from a refusal to participate or lead a No-Knock Raid shall be protected from said punishments such that all of the punishments towards said insubordinate officer shall be reversed and the officers executing those punishments shall be punishable under Oklahoma Law according to the following penalties: A. On the first offense, the lead officer in a No-Knock Raid shall be fined five-hundred dollars ($500.00), any judge issuing such a warrant shall be fined one-thousand five-hundred dollars ($1,500.00). Any 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 participating officers other than the lead officer shall be fined onehundred dollars ($100.00). B. On the second offense, the lead officer in a No-Knock Raid shall be suspended from employment without pay for two (2) weeks as well as a five-hundred dollar ($500.00) fine. The judge issuing a No-Knock Warrant shall immediately be terminated from employment. Participating officers shall be fined two-hundred fifty dollars ($250.00). C. On the third offense, the lead officer in a No-Knock Raid shall immediately be terminated from employment. The participating officers shall be fined two-hundred fifty dollars ($250.00) and suspended from employment without pay for one (1) week. D. Any Police Chief authorizing a No-Knock Raid shall be fined onethousand dollars ($1,000.00) for each offense until the fifth, on the fifth offense the Police Chief shall immediately be terminated from employment. The officers executing those punishments shall be punishable under Oklahoma Law according to the following penalties: A. On the first offense, any lead officer punishing an insubordinate officer due to a refusal to participate in a No-Knock Raid shall be fined two-hundred fifty dollars ($250.00). A Police Chief punishing an insubordinate officer due to a refusal to participate in a No-Knock Raid shall be fined seven-hundred fifty dollars ($750.00). B. On the second offense, any lead officer punishing an insubordinate officer due to a refusal to participate in a No-Knock Raid shall be suspended from employment without pay and be fined two-hundred fifty dollars ($250.00). A Police Chief punishing an insubordinate officer due to a refusal to participate in a No-Knock Raid shall be put on a leave of absence without pay as well as a seven-hundred fifty dollars ($750.00) fine. C. On the third offense, any lead officer punishing an insubordinate officer due to a refusal to participate in a No-Knock Raid shall be immediately terminated from employment and fined five-hundred dollars ($500.00). A Police Chief punishing an insubordinate officer due to a refusal to participate in a No-Knock Raid shall be immediately terminated from employment and fined seven-hundred fifty dollars ($750.00) Section 5. NULLIFICATION All acts or parts of acts in conflict with these provisions are hereby null and void with the passage of this bill. Section 6. EMERGENCY It being immediately necessary for the preservation of the public peace, 48 1 2 3 health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-012 By: Larsen (OSU) AS INTRODUCED An act relating to cute and fluffy animals; providing short title; providing for definitions; providing for codification; providing for penalties; and declaring an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Cuteness Protection Act of 2013”. Section 2. DEFINITIONS A. Baby duck: Any small, young duck who can be identified by having any trace amount of fluffy yellow down feathers B. Cute: Being attractive and endearing; something cuddly and fluffy Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: No person, either by hand or other object, in the State of Oklahoma shall injure or kill a baby duck or a squirrel. Section 4. PENALTIES If any person does injure a baby duck or squirrel by hand or some other means, said person will be fined a minimum of five-hundred dollars ($500.00) in addition to any medical needs incurred by the injured baby duck and/or squirrel. If any person does kill a baby duck or squirrel by hand or some other means, said person will be fined a minimum of two-thousand dollars ($2,000.00) and jailed for a minimum of six (6) months. If the death is a result of said person using an item that requires a license, then that license will be revoked for a minimum of two (2) years and the item will be confiscated by the state. Section 5. It being immediately necessary for the preservation of the public peace, health and safety, especially pertaining to the lives of baby ducks and squirrels, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-013 By: Paxton (OSU) AS INTRODUCED An act relating to schools; repealing 70 O.S. Section 11-103.6a Subsection B; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. REPEALER 70 O.S. Section 11-103.6a Subsection B, is hereby repealed. 70 O.S. Section 11-103.6a Subsection B: By August 1, 2010, the State Board of Education shall adopt revisions to the subject matter curriculum adopted by the State Board for English Language Arts and Mathematics as is necessary to align the curriculum with the K-12 Common Core State Standards developed by the Common Core State Standards Initiative, an effort coordinated by the National Governors Association Center for Best Practices and the Council of Chief State School Officers. The revised curriculum shall reflect the K-12 Common Core State Standards in their entirety and may include additional standards as long as the amount of additional standards is not more than fifteen percent (15%) of the K-12 Common Core State Standards. Section 2. This act shall become effective July 1, 2014. 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-014 By: Paxton (OSU) AS INTRODUCED An act relating to the federal takeover of the health care industry; providing for short title; providing for codification; providing for an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Don’t Tread on My Healthcare” Act of 2013 Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: A. Any citizen of the State of Oklahoma who refuses to comply with the individual mandate of the federal Affordable Care Act of 2010 and is levied with the individual mandate tax by the Internal Revenue Service (IRS) shall be eligible to receive a State of Oklahoma tax credit for the amount levied by the Internal Revenue Service (IRS). B. Any federal official who enters the state of Oklahoma with intention of enforcing or implementing the federal Affordable Care Act of 2010 or is found to be implementing or enforcing the federal Affordable Care Act of 2010 shall be immediately escorted out of the state of Oklahoma by state law enforcement. Section 3. EMERGENCY It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OSU-015 By: Paxton (OSU) AS INTRODUCED An act relating to funding national parks and monuments; providing for short title; providing for codification; providing for Emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “States to the Rescue” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Whenever a lapse in federal funding occurs due to a shutdown of the federal government, the State of Oklahoma shall provide funding necessary to keep all national monuments, national historic sites, and national historic trails within the state of Oklahoma open to the general public. Funds necessary shall be derived from the state Rainy Day Fund. Section 3. EMERGENCY It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. ORU-001 By: Cevallos (ORU) AS INTRODUCED An act relating to seat belt safety; providing short title; providing for codification, providing for penalties and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Click it or Ticket” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All passengers riding in the back seat of a vehicle will be required to wear a safety belt. All infant car seats must be buckled. Children ages six (6) to twelve (12) or children weighing forty (40) or less pounds in rear seat can use lap belt if lap/shoulder belt unavailable. Section 3. PENALTIES Drivers will be charged for themselves and passengers under sixteen (16) if they fail to comply. Passengers sixteen (16) and above will be charged for failure to comply. Section 4. This act shall become effective 90 days after passage and approval. 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. ORU-002 By: Sandford (ORU) AS INTRODUCED An act relating to child beauty pageants; providing short title; providing for definitions; providing for codification; providing for penalties and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “No More Honey Boo Boo” Act of 2013. Section 2. DEFINITIONS Beauty Pageants: A competition where the entrants, usually women, are judged in accordance to standards of physical beauty, personality and talent, with the winners awarded various prizes and titles. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Children under age of thirteen (13) will not be permitted to participate in beauty pageants. The child must turn thirteen (13) on or before the date of registration in order to participate in the pageant. Section 4. PENALTIES There shall be a one thousand dollar ($1000.00) fine to the pageant director for every participant under the age of thirteen (13) that is allowed to participate. Any further offenses shall result in a complete shutdown of the pageant program for one (1) year. Section 5. This act shall become effective 90 days after passage and approval. 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. ORU-003 By: Russ (ORU) AS INTRODUCED An act relating to schools and common education curriculum; providing short title; providing for codification; providing for penalties and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Character First” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Every school providing K-12 public education in the State of Oklahoma shall provide within its STD prevention curriculum; character based behaviors which include personal responsibility, self-respect, social responsibility and abstinence outcome and statistics specifically provided in the “Choosing the Best” curriculum made available through the publishing company “Choosing the Best Publishing” 2625 Cumberland Parkway Suite 200 Atlanta, GA 30339. This character based curriculum is to be taught within one or more semesters in the class year beyond the fifth grade but before the eighth grade. Section 3. PENALTIES Any school not providing this curriculum will not qualify for state formula funding and students not completing this curriculum shall not be provided a graduation diploma or certificate of graduation. This curriculum requirement will be effective for school years beginning after July 31, 2015. Section 4. This act shall become effective August 1, 2015 after passage and approval. 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. ORU-004 By: Russ (ORU) AS INTRODUCED An Act relating to taxation of violent video games; providing short title; providing for definitions; providing for codification; and declaring an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Violent Video Game” Act of 2013. Section 2. DEFINITION Violent video game: means a video or computer game that has received a rating from the Entertainment Software Rating Board of Teen, Mature or Adult Only. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: In addition to any other sales tax provided for by law, there is hereby levied upon sales of all violent video games an excise tax based on the gross receipts or gross proceeds of each sale. The excise tax rate shall be one percent (1%). This rate shall not affect any county or municipal sales tax imposed pursuant to law. Section 4. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. ORU-005 By: Madison (ORU) AS INTRODUCED An act relating to driver responsibilities; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Oklahoma Teen Driver Responsibility” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Applicants to the driver’s education program are required to have a minimum 2.0 unweighted GPA. The minimum age to obtain a learner’s permit shall hereby be increased to sixteen (16) years of age. Section 3. This act shall become effective 90 days after passage and approval. 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. ORU-006 By: Madison (ORU) AS INTRODUCED An act relating to teacher retirees’ cost of living adjustment; providing short title; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Teacher Retiree Adjustment” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: A one-time cost-of-living adjustment for certain retirees and beneficiaries of the public school system shall be adopted. Retirees and beneficiaries who meet the eligibility requirements for adjustments shall be eligible for the adjustment provided for in this Section if the retiree retired prior to June 1, 1990. Teachers currently employed by school systems across Oklahoma will have the option to receive this adjustment if and only if they agree to a five percent (5%) deduction in gross income beginning on January 1, 2014. The cost-of-living adjustment authorized by this Section shall not exceed five percent (5%) of the benefit being paid to the recipient on the effective date of the adjustment, and the funds for the cost-of-living adjustment shall not exceed the sum of all bonuses earned by the employee while employed. The cost of this Act, if any, shall be funded by the Oklahoma School Employees Retirement System Employee Account in compliance with the Oklahoma Constitution. Section 3. This act shall become effective on January 1, 2014 after passage and approval. 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. ORU-007 By: Madison (ORU) AS INTRODUCED An act relating to equal protection of marriages in Oklahoma; providing short title; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Oklahoma Step Toward Equality” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Any two (2) unmarried adults, regardless of gender, at least eighteen (18) years of age, may enter into a civil union. Participants must apply to a county clerk and recorder for a civil union license. Persons such as government officials, priests, ministers, rabbis, or other officials of a religious institution or denomination or an Indian nation or tribe will be hereby granted permission to certify the civil union license. After the civil union is certified, the officiant files the civil union certificate with the county clerk and recorder. A priest, minister, rabbi, or other official of a religious institution or denomination or an Indian nation or tribe is not required to certify a civil union in violation of his or her right to free exercise of religion. The criteria for a valid civil union are set forth as follows: The rights, benefits, protections, duties, obligations, responsibilities, and other incidents under law that are granted or imposed under the law to spouses apply in like manner to parties to a civil union, including the following: Responsibility for financial support of a party to a civil union; Rights and abilities concerning transfer of real or personal property to a party to a civil union; The ability to file a claim based on wrongful death, emotional distress, or other laws, whether common law or statutory, related to or dependent upon spousal status; Prohibitions against discrimination based upon spousal status; The probate laws relating to estates, wills, trusts, and estate succession, including the ability to inherit real and personal property from a party in a civil union under the probate code; The probate laws relating to guardianship and conservators, including priority for appointment as a conservator, guardian, or personal representative; Survivor benefits under and inclusion in workers’ 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 compensation laws; The right of a partner in a civil union to be treated as a family member or as a spouse; The ability to adopt a child of a party to a civil union; The ability to insure a party to a civil union under group benefit plans for state employees; The ability to designate a party to a civil union as a beneficiary under the state public employees retirement system; Survivor benefits under local government firefighter and police pensions; Protections and coverage under domestic abuse and domestic violence laws; Rights and protections under victims' compensation laws and victims and witness protection laws; Laws, policies, or procedures relating to emergency and nonemergency medical care and treatment and hospital visitation; Rights to visit a party in a civil union in a correctional facility, jail, or private contract prison or in a facility providing mental health treatment; The ability to file a complaint about the care or treatment of a party in a civil union in a nursing home; Rights concerning the disposition of the last remains of a party to a civil union; The right to make decisions regarding anatomical gifts; Eligibility for family leave benefits; The right to claim a homestead exemption; Dependent coverage under life insurance for plans issued, delivered, or renewed on or after January 1, 2014; Dependent coverage under health insurance policies for plans issued, delivered, or renewed on or after January 1, 2014; and Other insurance policies that provide coverage relating to joint ownership of property for plans issued, delivered, or renewed on or after January 1, 2014. Section 3. This act shall become effective 90 days after passage and approval. 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. ORU-008 By: Randolph (ORU) AS INTRODUCED An act relating to presumed consent for organ donation; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Anatomical Gift” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Any person not wishing to make an anatomical gift (organs or tissue) upon legal death must opt out at the application or renewal for a driver’s license or identification card. Unless an applicant responds that he or she does not want to be considered a possible organ and tissue donor, the applicant will be deemed to have consented to organ and tissue donation. The consent is sufficient to satisfy all requirements necessary to evidence the applicant's consent to anatomical donation of the applicant's organs and tissue. Section 3. This act shall become effective 90 days after passage and approval. 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. ORU-009 By: Randolph (ORU) AS INTRODUCED An act relating to sex education; providing short title; providing definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Reproductive Health Education” Act of 2013. Section 2. DEFINITIONS A. "Comprehensive" means evidence-based programs that provide pupils with opportunities for learning age-appropriate, medically accurate information related to human development, healthy relationships, decision-making, abstinence, contraception and disease prevention, including HIV/AIDS and STD prevention. B. "Medically accurate" means information that is verified or supported by the weight of peer-reviewed research and that is recognized as accurate and objective by leading professional organizations with relevant expertise in the field. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All school districts shall provide sex education that is age appropriate, medically accurate and comprehensive. This will include instruction for pupils at least once in the elementary grades, at least once during the middle school or junior high grades, and at least twice during the high school grades. Each school district may develop its own course of study to meet the requirements of this Section. At the request of a school district, the Department of Education shall provide a list of suggested courses of study, to be updated by the Department at least once every three years. At the request of the parent or legal guardian, a pupil shall be excused from instruction on sex education. The school district shall provide parents with a summary of the basic topics covered in the sex education curriculum and notify all parents of their ability to withdraw their child from the instruction. The school district shall make the curriculum available for parents to review. Section 4. This act shall become effective 180 days after passage and approval. 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. ORU-010 By: Randolph (ORU) AS INTRODUCED An act relating to the requirement of mullets on men; providing short title; providing for definitions; providing codification; providing for penalties and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Party in the Back” Act of 2013. Section 2. DEFINITION “Mullet” shall hereby be defined as a hairstyle in which the hair located at the back of the head is at least three (3) times as long as the hair at the front and top of the head. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Every male aged five (5) years and older shall be required to have a mullet. Section 4. PENALTIES Failure to comply will result in a sixty (60) day probation. During the sixty (60) days the man must produce evidence of mullet-growth to his local Department of Health. If a man fails to produce evidence of a mullet by the 61st day, he will be fined five hundred (500) dollars. If there are extenuating circumstances which prevent a man from wearing a mullet, such as lack of hair, he will have the option of either wearing a mullet wig or keeping his head shaved. Section 5. This act shall become effective 180 days after passage and approval. 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. RSU-001 By Herrera (RSU) AS INTRODUCED An act requiring all entities answerable to the Oklahoma Department of Corrections to adhere to “The Correctional Entity Monetary Accountability Program”; amending providing short title; providing for codification declaring an emergency and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “The Inmate Monetary Accountability Program” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Correctional Facilities- Required actions. A. In addition to all other duties currently performed by all entities answerable to the Oklahoma Department of Corrections by federal law or local ordinances, all Correctional facilities within the state of Oklahoma will now be required to: 1. Institute an obligatory financial self-sustainability program, B. Program in which all cost incurred by the existence and operation of the correctional facility are financed by internal efforts. 1. Require all inmates to provided goods or services that can be sold in order to cover incurred cost due to their presence within the correctional entity. 2. Cut all non-essential services afford to the inmate population. 3. Insure quality standards of goods being produced. Section 3. This act shall become effective 90 days after passage and approval. 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. RSU-002 By: Thomason (RSU) AS INTRODUCED An act relating to abolition of private prisons; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Anti-Privatization of Prisons” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Within the boundaries of Oklahoma, there shall be no privately owned prisons. All current privately operated prisons will have the option to be bought out by Oklahoma Department of Corrections, or to shut down their facilities completely. Section 3. This act shall become effective 360 days after passage and approval. 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. RSU-003 By: Thomason of the Senate (RSU) Penrose of the House (RSU) AS INTRODUCED An act relating to protection of gender expression, sexuality and gender identity of employees; providing short title; providing for definition; providing for codification; providing for repealer; and providing for emergency clause. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Protection against Termination” Act of 2013. Section 2. DEFINITIONS: A. Gender - Sexual identity, especially in relation to society or culture B. Sex- The sum of the characteristics that distinguish organisms on the basis of their reproductive function; the genitalia. C. Gender Expression- External manifestation of one’s gender identity, usually expressed through “masculine,” “feminine” or gender-variant behavior, clothing, haircut, voice or body characteristics. D. Gender Identity- One’s internal, personal sense of being a male or a female. For transgender people, their birth-assigned sex and their own internal sense of gender identity do not match. E. Homosexuality- Refers to sexual attraction to persons of the same sex. F. Alternative Lifestyle- In this case refers to individuals whose attraction preferences do not adhere to societal norms, excluding any and all persons/entities that cannot act consensually with his/her partner(s). Section 3. NEW LAW a new section of law to be codified in the Oklahoma Statutes to read as follows: 1. Employees who identify or express with a gender other than his/her biological sex, shall be protected against discrimination and termination of employment, including but not limited to: expulsion or suspension from the work place, hazing, bullying, hate speech, harassment, libel, slander, destruction of property and/or public shaming. 2. Employees, who identify with homosexuality and/or an alternate lifestyle as his/her sexual orientation, shall not be terminated from employment, or subject to afore mentioned discrimination examples in Section 3.1 of this bill. 67 1 2 3 4 5 6 7 8 9 10 3. All employers, both public and private, must abide by the statutes and regulations including, but not limited to fines and legal ramifications that refer to discrimination. Section 4. This repeals and replaces all current statutes and regulations that refers to or deals with protection, or lack thereof, against discrimination towards employees as defined above. Section 5. This act shall become effective immediately after passage. 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. RSC-001 By: Scrimshire (RSC) AS INTRODUCED An act relating to motor vehicle operation; providing short title; providing for codification; providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the "Indiscriminative Prevention" Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: All new vehicles shall be equipped with a breathalyzer built in sync with the starter of the vehicle. If any individual attempts to operate the vehicle with a blood alcohol content over .08, the vehicle will not start. All vehicles already manufactured and owned will be given one year from the date of the passing of this bill to meet the specifications of this bill and be retro-fitted with a breathalyzer. The cost of the retro-fitting of any installation of breathalyzers into a vehicle shall be reimbursed to the individual in the form of a tax credit for the year that the retro-fitting took place. Section 4. This act shall become effective 90 days after passage and approval. 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. RSC-002 By: Gately (RSC) AS INTRODUCED An act relating to littering; providing short title; amending 21 O.S. 2011 Section 1761.1, which relates to penalties for littering on public or private property; modifying punishment; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA: Section 1. This act shall be known as the “I Think You Dropped This” Act of 2013. Section 2. AMENDATORY 21 O.S. 2011, Section 1761.1, is amended to read as follows: Section 1761.1 A. Any person who deliberately places, throws, drops, dumps, deposits, or discards any garbage, trash, waste, rubbish, refuse, debris, or other deleterious substance on any public property or on any private property of another without consent of the property owner shall be deemed guilty of a misdemeanor. B. Any person convicted of violating the provisions of subsection A of this section shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment. being presented with the substance in question and being required to eat it in its entirety. C. Any person may report a violation of this section, if committed in their presence, to an officer of the State Highway Patrol, a county sheriff or deputy, a municipal law enforcement officer or any other peace officer in this state. The peace officer shall then conduct an investigation into the allegations, if warranted. If a violation of this section has in fact been committed, and the peace officer has reasonable cause to believe a particular person or persons have committed the violation, the peace officer shall immediately carry out punishment as defined in subsection B. D. Any peace officer who is carrying out punishment as defined in subsection B, and who has reasonable cause to believe that the guilty person is too full to consume the offending substance, may elect to provide a doggy bag or “to go” box to the guilty person so that punishment may be completed at a later time. 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 C. Any person convicted of violating the provisions of subsection A of this section with any flaming or glowing substance, or any substance which may cause a fire shall be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail for not more than sixty (60) days, or by both such fine and imprisonment. The penalties collected from the payment of the citations shall, after deduction of court costs, be paid to the fire department of the district in which the flaming or glowing substance was discarded. Any person violating the provisions of this subsection shall be liable for all damages caused by the violation. Damages shall be recoverable in any court of competent jurisdiction. D. During a burn ban declared by the Governor, any person convicted of violating the provisions of subsection A of this section with any flaming or glowing substances, or any substance which may cause a fire shall be punished by a fine of not less than Four Thousand Dollars ($4,000.00) nor more than Ten Thousand Dollars ($10,000.00) or by imprisonment in the county jail for not more than one hundred twenty (120) days, or by both such fine and imprisonment. The penalties collected from the payment of the citations shall, after deduction of court costs, be paid to the fire department of the district in which the flaming or glowing substance was discarded. Any person violating the provisions of this subsection shall be liable for all damages caused by the violation. Damages shall be recoverable in any court of competent jurisdiction. E. In addition to the penalty prescribed by subsection B of this section, the court shall direct the person to make restitution to the property owner affected; to remove and properly dispose of the garbage, trash, waste, rubbish, refuse, or debris from the property; to pick up, remove, and properly dispose of garbage, trash, waste, rubbish, refuse, debris, and other nonhazardous deleterious substances from public property; or perform community service or any combination of the foregoing which the court, in its discretion, deems appropriate. The dates, times, and locations of such activities shall be scheduled by the sheriff pursuant to the order of the court in such a manner as not to interfere with the employment or family responsibilities of the person. F. In addition to the penalty prescribed in subsection B of this section and the restitution prescribed in subsection E of this section, the court may order the defendant to pay into the reward fund as prescribed in Section 1334 of Title 22 of the Oklahoma Statutes an amount not to exceed Two Thousand Dollars ($2,000.00). G. The discovery of two or more items which have been dropped, dumped, deposited, discarded, placed, or thrown at one location and which bear a common address in a form which tends to identify the latest owner 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 of the items shall create a rebuttable presumption that any competent person residing at such address committed the unlawful act. The discovery or use of such evidence shall not be sufficient to qualify for the reward provided in Section 1334 of Title 22 of the Oklahoma Statutes. H. Any person may report a violation of this section, if committed in their presence, to an officer of the State Highway Patrol, a county sheriff or deputy, a municipal law enforcement officer or any other peace officer in this state. The peace officer shall then conduct an investigation into the allegations, if warranted. If a violation of this section has in fact been committed, and the peace officer has reasonable cause to believe a particular person or persons have committed the violation, a report shall be filed with the District Attorney for prosecution. I. Notwithstanding the provisions of subsection H of this section, any peace officer of this state or of any political subdivision of this state may issue a state traffic citation to any person committing a violation of subsection A of this section. Such state traffic citation shall be in an amount not to exceed Four Hundred Dollars ($400.00). The penalties collected from the payment of such citations shall not include court costs and shall be divided as follows: 1. One-half (1/2) shall be paid into the reward fund created pursuant to Section 1334 of Title 22 of the Oklahoma Statutes; and 2. One-half (1/2) shall be paid into the sheriff's service fee account for that county to be used for enforcing provisions of this section. J. The amount of bail for littering offenses specified in Section 1753.3 of this title and for trash dumping offenses specified in this section shall be the amount of fine specified in each statute plus costs including any penalty assessment, as well as costs incurred in Section 1313.3 of Title 20 of the Oklahoma Statutes. Section 3. This act shall become effective ninety (90) days after passage and approval. 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. RSC-003 By: Salinas (RSC) AS INTRODUCED An act relating to higher education cost; providing short title; placing a cap on annual percentage of tuition cost raising; providing a reduction of overhead spending on excessive administration positions in relation to teaching positions; for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Affordable Education” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes provide this act is voted upon successfully by the body of the Oklahoma State Legislature is as follows: A. It shall be unlawful for any public higher education institution within the State of Oklahoma to increase the annual cost of tuition by a rate greater than one-half percent (0.5%). B. It shall be unlawful for any public higher education within the State of Oklahoma to increase the annual number of administration positions by a rate greater than one-half percent (0.5%). C. It shall be unlawful for any public higher education within the State of Oklahoma to exceed more than forty-five percent (45%) of total staffing in relation to total number of instructional educators retained. D. Any public higher education institution violating the provisions of subsection A, B, or C, will be flagged as potentially falling “out of order” and will have a period of twenty-four (24) months to fall back into order with the laws. During which a special commission will be created to oversee and document the actions undertaken to reinstitute order. E. Any public higher education institution deemed “out of order” for a period greater than twenty-four (24) months will be overtaken by the state education board and placed under the administrative care of a special commission who will determine what actions are necessary to reinstitute order of the institution. Section 3. DEFINITIONS “Out of order” is defined as any state higher education institution in violation of subsections A, B, or C. Whereupon the offending institution will be placed under warning and subject to state inquiry. 73 1 2 3 Section 4. This act shall become effective 90 days after passage and approval. 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. UCO-001 By: Stiles (UCO) AS INTRODUCED An act relating to drug testing for SoonerCare (Oklahoma Medicaid); providing short title; providing for definitions; providing for codification; providing for penalties; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Drug Free Babies” Act of 2013. Section 2. DEFINITIONS: A. Drug Test- a common urine-sample test used to detect illicit substances including, but not limited to, marijuana, speed, crystal meth, ecstasy, cocaine, heroin, or scheduled narcotics. B. Breastfeeding- while pumping or lactating, and while baby is still living off of mother. C. Full Benefits- Routine visits, specialty visits, delivery services, ultrasounds, dental coverage, prescriptions, labs and diagnostics related to pregnancy, maternal and infant health social work, lactation consolation services, diabetes testing supplies, genetic counseling, high risk obstetric care. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: All pregnant women applying for benefits through SoonerCare (Oklahoma Medicaid) must submit and pass a drug test before receiving full benefits. Pregnant women receiving SoonerCare (Oklahoma Medicaid) benefits must submit to and pass twelve (12) drug tests during pregnancy. Following delivery (while breastfeeding), mothers receiving SoonerCare (Oklahoma Medicaid) benefits must submit to and pass twelve (12) drug tests in order to continue receiving full benefits. Section 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: Pregnant women or recent mothers who refuse to submit to or fail 75 1 2 3 4 5 6 required drug tests shall be guilty of felony child endangerment as defined in 31 O.S. 852.1; however, in order to provide for the welfare of the child, failed drug tests shall not result in SoonerCare (Oklahoma Medicaid) benefits being denied. Section 5. This act shall become effective 90 days after passage and approval. 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. UCO-002 By: Langthorn (UCO) AS INTRODUCED An act relating to campaign ethics; providing short title; providing for amending Title 257 O.S. 2009, Rule 10-1-2; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “What’s Really the Problem” Act of 2013. Section 2. AMENDATORY 257 O.S. 2009, Rule 10-1-2 is amended to read as follows: Rule 257:10-1-2. Contributions. (a) Limitations on contributions from a person. (1) No person or family may contribute more than five ten thousand dollars ($5,000) ($10,000) to a political action committee or a party committee in any calendar year. No political action committee or party committee shall knowingly accept a contribution from a person or family in excess of five ten thousand dollars ($5,000) ($10,000) in a calendar year. Contributions to be used for federal election activity, as defined in 2 U.S.C. § 431(20), and subject to the requirements of 2 U.S.C. § 441i, commonly referred to as “Levin Funds”, shall not be aggregated with other contributions to a party committee. (2) No person or family may contribute more than five thousand dollars ($5,000) to a candidate for state office or to a candidate committee authorized by such a candidate to accept contributions or make expenditures on his behalf during a campaign as defined in Chapter 1, Section 2 and as provided in Paragraphs (4) and (5) of this subsection. No candidate or candidate committee shall knowingly accept a contribution in excess of five thousand dollars ($5,000) from a person or family during a campaign. (3) These restrictions do not apply to: (A) a committee supporting or opposing a ballot measure; (B) a committee formed solely to make independent expenditures or electioneering communications; or (C) a candidate making a contribution of his or her own funds, to his or her campaign. (4) For purposes of this subsection, if a candidate: (A) begins a campaign for a specific state office; (B) accepts one or more contributions for such campaign but prior to the election therefor chooses not to run 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 for such office and becomes a candidate for a different office; and (C) transfers all or any part of the contributions accepted for the first campaign to the second campaign; the second campaign shall be deemed to have begun when the candidate began the first campaign. (5) For purposes of this subsection, if a candidate: (A) does not dissolve his or her candidate committee after the election at which the office at stake is decided; (B) accepts one or more contributions for such committee after such election; and (C) begins a campaign for the same or another office in a subsequent election cycle; any contributions accepted within six (6) months prior to the beginning of the campaign for the same or another office in a subsequent election cycle shall be applied to the limit specified in Paragraph (2) of this subsection for such campaign. (6) The $5,000 $10,000 limitation is to be applied collectively and cumulatively so that any contribution made by the entities as set forth in the definition of “person” in Section 2 of Chapter 1 of this title, shall be allocated to the individuals owning such entities in their percentage of ownership. Once the limit of $5,000 $10,000 is reached, applying all sources to the individual or family, no further contributions can be made during the campaign or calendar year. (b) Contributor statement. Within ten (10) business days of accepting a single contribution exceeding fifty dollars ($50.00), or accepting multiple contributions from a single source which exceed fifty dollars ($50.00) in the aggregate, persons accepting contributions must obtain from each contributor a statement which shall include: (1) the date the contribution was tendered to the payee which shall not be more than thirty (30) calendar days after the date of the written instrument; (2) the name and address and phone number, occupation [e.g. “retail sales clerk"] and employer [e.g. "Dillard"], or principal business activity of the contributor; a contribution from a person other than an individual or a committee shall be reported by the name of the person or committee and not the individual who signed the check; (3) the amount; if in-kind, a description of the contribution and a good faith estimate of its fair market value; Section 3. This act shall become effective 90 days after passage and approval. 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. UCO-003 By: Langthorn (UCO) AS INTRODUCED An act relating to campaign ethics; providing short title; providing for amending Title 257 O.S. 2005, Rule 10-1-7 and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “What’s Really the Problem Part 2” Act of 2013. Section 2. AMENDATORY 257 O.S. 2005, Rule 10-1-7 is amended to read as follows: Rule 257:10-1-7. Expenditures. (a) Limitation on expenditures. (1) An expenditure may not be authorized or made by a committee while there is a vacancy in the office of treasurer except by the deputy treasurer if designated. (2) An expenditure of more than fifty dollars ($50), except for expenditures made by a candidate from his or her own funds: (A) may not be made in cash; and (B) shall be made by written instrument drawn upon a campaign account containing the name of the committee and the name of the recipient. (3) An expenditure of more than fifty dollars ($50) shall be accounted for by a written receipt indicating: (A) the date of the expenditure; (B) the amount of the expenditure; (C) the name and address of the recipient; and (D) the item or service purchased. (4) An expenditure may not be made, other than for overhead or normal operating expenses, by an agent, independent contractor, or advertising agency, on behalf of or for the benefit of a committee unless the expenditure is reported by the committee as if the expenditure were made directly by the committee. The agent, independent contractor, or advertising agency shall make all information required to be reported available to the committee. (5) An expenditure may not be made that is in excess of the fair market value of services, materials, facilities, or other things of value received in exchange. (6) No candidate committee may have total expenditures exceeding 79 1 2 3 $150,000. Section 3. This act shall become effective 90 days after passage and approval. 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. UCO-004 By: Beu (UCO) AS INTRODUCED An Act relating to alcoholic beverages; amending 37 O.S. 2011 Sections 163.2 and 506, which relates to licensing motion picture theaters; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA: Section 1. This act shall be known as the “Dinner and Movie Act of 2013.” Section 2. AMENDATORY 37 O.S. 2011, Section 163.2 is amended to read as follows: Section 163.2. In the administration of Section 163.1 et seq. of this title, the following words and phrases are given the meanings respectively indicated: 1. "Low-point beer" means and includes beverages containing more than one-half of one percent (1/2 of 1%) alcohol by volume, and not more than three and two-tenths percent (3.2%) alcohol by weight, including but not limited to beer or cereal malt beverages obtained by the alcoholic fermentation of an infusion of barley or other grain, malt or similar products; 2. "Person" means and includes an individual, a trust or estate, a partnership, an association or a corporation; 3. "Manufacturer" means and includes any person who prepares for human consumption by the use of raw materials or other ingredients any low-point beer, as defined herein, upon which a license fee and a tax are imposed by any law of this state; 4. "Wholesaler" means and includes any person who sells any low-point beer, as defined herein, to a licensed retail dealer, as hereinafter defined, for resale; 5. "Retail dealer" means and includes any person who sells any low-point beer, as defined herein, at retail for consumption or use, and such definitions include state and county fair associations, and special licenses may be issued for the sale of low-point beer, as herein defined, by such associations, and to other persons for the sale of such low-point beer at rodeos, picnics, or other organized temporary assemblages of people. The term "retail dealer" also includes railways for the sale of such beverages, and licenses may be issued for each dining car or railway train, which railways and dining cars shall pay the same license fees as regular retail dealers; 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. "Sale" or "sales", for the purpose of the collection of the taxes imposed by any law of the state upon low-point beer, as defined herein, is hereby defined to mean and include all sales by all wholesalers within this state, for money or any other valuable consideration, to retail dealers for resale; and, also, the term "sale" or "sales" taxable under Section 163.1 et seq. of this title means and includes all sales from manufacturers or wholesalers from outside this state, to retail dealers for resale to consumers or otherwise. The term "sale" or "sales" shall also include sales from manufacturers without the state to wholesalers located within the state; 7. "Meals" means foods commonly ordered at lunch or dinner and at least part of which is cooked on the licensed premises and requires the use of dining implements for consumption. Provided, that the service of only food such as appetizers, sandwiches, salads or desserts shall not be considered "meals"; 8. "Motion picture theater" means a place where motion pictures are exhibited and to which the general public is admitted, but does not include a place where meals, as defined by this section, are served, if only persons twenty-one (21) years of age or older are admitted; 9. "Existing wholesaler" means a wholesaler who distributes a particular brand of low-point beer at the time a successor manufacturer acquires rights to manufacture or import the particular brand of low-point beer; 10. "Fair market value" means the value that would be determined in a transaction entered into without duress or threat of termination of the existing wholesaler's right and shall include all elements of value, including goodwill and going-concern value; 11. "Good cause" means: a. failure by the wholesaler to comply with the provisions of a written agreement or understanding with the manufacturer, or b. failure by the wholesaler to comply with the duty of good faith; 12. "Good faith" means the duty of each party to any franchise and all officers, employees or agents thereof to act with honesty in fact and within reasonable standards of fair dealing in the trade; 13. "Successor manufacturer" means a primary source of supply, a brewer or an importer that acquires rights to a low-point beer brand from a predecessor manufacturer; 14. "Successor wholesaler" means one or more wholesalers designated by a successor manufacturer to replace the existing wholesaler, for all or part of the existing wholesaler's territory, in the distribution of the existing low-point beer brand or brands; and 15. "On-premise consumption" shall include consumption within a single building owned or operated by any agency, political subdivision or public trust of this state, if the building or a part thereof is defined as a common drinking area for consumption of low-point beer by resolution of the governing body that owns or operates the building. 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 3. AMENDATORY 37 O.S. 2011, Section 506, is amended to read as follows: Section 506. When used in the Oklahoma Alcoholic Beverage Control Act, the following words and phrases shall have the following meaning: 1. “ABLE Commission” means the Alcoholic Beverage Law Enforcement Commission; 2. "Alcohol" means and includes hydrated oxide of ethyl, ethyl alcohol, ethanol, or spirits of wine, from whatever source or by whatever process produced. It does not include wood alcohol or alcohol which has been denatured or produced as denatured in accordance with Acts of Congress and regulations promulgated thereunder; 3. "Alcoholic beverage" means alcohol, spirits, beer, and wine as those terms are defined herein and also includes every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by human beings, but does not include low-point beer as that term is defined in Section 163.2 of this title; 4. "Applicant" means any individual, legal or commercial business entity, or any individual involved in any legal or commercial business entity allowed to hold any license issued in accordance with the Oklahoma Alcoholic Beverage Control Act; 5. "Beer" means any beverage containing more than three and two-tenths percent (3.2%) of alcohol by weight and obtained by the alcoholic fermentation of an infusion or decoction of barley, or other grain, malt or similar products. "Beer" may or may not contain hops or other vegetable products. "Beer" includes, among other things, beer, ale, stout, lager beer, porter and other malt or brewed liquors, but does not include sake, known as Japanese rice wine; 6. "Bottle club" means any establishment in a county which has not authorized the retail sale of alcoholic beverages by the individual drink, which is required to be licensed to keep, mix, and serve alcoholic beverages belonging to club members on club premises; 7. "Brewer" means any person who produces beer in this state; 8. "Class B wholesaler" means and includes any person doing any such acts or carrying on any such business that would require such person to obtain a Class B wholesaler license hereunder; 9. "Convicted" and "conviction" mean and include a finding of guilt resulting from a plea of guilty or nolo contendere, the decision of a court or magistrate or the verdict of a jury, irrespective of the pronouncement of judgment or the suspension thereof; 10. "Director" means the Director of the Alcoholic Beverage Laws Enforcement Commission under the supervision of said Commission; 11. "Distiller" means any person who produces spirits from any source or substance, or any person who brews or makes mash, wort, or wash, fit for distillation or for the production of spirits (except a person making 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 or using such material in the authorized production of wine or beer, or the production of vinegar by fermentation), or any person who by any process separates alcoholic spirits from any fermented substance, or any person who, making or keeping mash, wort, or wash, has also in his or her possession or use a still; 12. "Hotel" or "motel" shall mean an establishment which is licensed to sell alcoholic beverages by the individual drink and which contains guestroom accommodations with respect to which the predominant relationship existing between the occupants thereof and the owner or operator of the establishment is that of innkeeper and guest. For purposes of this section, the existence of other legal relationships as between some occupants and the owner or operator thereof shall be immaterial; 13. "Legal newspaper" means a newspaper meeting the requisites of a newspaper for publication of legal notices as prescribed in Sections 101 through 114 of Title 25 of the Oklahoma Statutes; 14. "Licensee" means any person holding a license under the Oklahoma Alcoholic Beverage Control Act, and any agent, servant, or employee of such licensee while in the performance of any act or duty in connection with the licensed business or on the licensed premises; 15. "Light beer" means a low-point beer controlled under this title; 16. "Light wine" means any wine containing not more than fourteen percent (14%) alcohol measured by volume at sixty (60) degrees Fahrenheit; 17. "Manufacturer's agent" means a salaried or commissioned salesman who sells to a wholesaler or Class B wholesaler only; 18. "Manufacturer" means a brewer, distiller, winemaker, rectifier, or bottler of any alcoholic beverage; 19. "Meals" means foods commonly ordered at lunch or dinner and at least part of which is cooked on the licensed premises and requires the use of dining implements for consumption. Provided, that the service of only food such as appetizers, sandwiches, salads or desserts shall not be considered "meals"; 20. "Mini-bar" means a closed container, either refrigerated, in whole or in part, or nonrefrigerated, and access to the interior of which is (1) restricted by means of a locking device which requires the use of a key, magnetic card, or similar device, or (2) controlled at all times by the licensee; 21. "Mixed beverage cooler" means any beverage, by whatever name designated, consisting of an alcoholic beverage and fruit or vegetable juice, fruit or vegetable flavorings, dairy products or carbonated water containing more than one-half of one percent (1/2 of 1%) of alcohol measured by volume but not more than seven percent (7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is packaged in a container not larger than three hundred seventy-five (375) milliliters. 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Such term shall include, but not be limited to, the beverage popularly known as a "wine cooler"; 22. "Mixed beverages" means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage, beer and wine, caterer, or special event license; 23. "Motion picture theater" means a place where motion pictures are exhibited and to which the general public is admitted, but does not include a place where meals, as defined by this section, are served, if only persons over twenty-one (21) years of age are admitted; 24. "Retail salesperson" means a salesperson soliciting orders from and calling upon retail alcoholic beverage stores with regard to his or her product; 25. "Occupation" as used in connection with "occupation tax" means the sites occupied as the places of business of the manufacturers, wholesalers, Class B wholesalers, retailers, mixed beverage licensees, beer and wine licensees, bottle clubs, caterers, and special event licensees; 26. "Original package" means any container of alcoholic beverage filled and stamped or sealed by the manufacturer; 27. "Patron" means any person, customer, or visitor who is not employed by a licensee or who is not a licensee; 28. "Person" means an individual, any type of partnership, corporation, association, limited liability company or any individual involved in the legal structure of any such business entity; 29. "Premises" means the grounds and all buildings and appurtenances pertaining to the grounds including any adjacent premises if under the direct or indirect control of the licensee and the rooms and equipment under the control of the licensee and used in connection with or in furtherance of the business covered by a license. Provided that the ABLE Commission shall have the authority to designate areas to be excluded from the licensed premises solely for the purpose of: a. allowing the presence and consumption of alcoholic beverages by private parties which are closed to the general public, or b. allowing the services of a caterer serving alcoholic beverages provided by a private party. a. This exception shall in no way limit the licensee's concurrent responsibility for any violations of the Oklahoma Alcoholic Beverage Control Act occurring on the licensed premises; 30. "Rectifier" means any person who rectifies, purifies, or refines spirits or wines by any process (other than by original and continuous distillation, or original and continuous processing, from mash, wort, wash, or other substance, through continuous closed vessels and pipes, until the production thereof is complete), and any person who, without 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 rectifying, purifying, or refining spirits, shall by mixing (except for immediate consumption on the premises where mixed) such spirits, wine, or other liquor with any material, manufactures any spurious, imitation, or compound liquors for sale, under the name of whiskey, brandy, rum, gin, wine, spirits, cordials, or any other name; 31. "Regulation" or "rule" means a formal rule of general application promulgated by the ABLE Commission as herein required; 32. "Restaurant" means an establishment that is licensed to sell alcoholic beverages by the individual drink for on-premises consumption and where food is prepared and sold for immediate consumption on the premises; 33. "Retail container for spirits and wines" means an original package of any capacity approved by the United States Bureau of Alcohol, Tobacco and Firearms; 34. "Retailer" means the holder of a Package Store License; 35. "Sale" means any transfer, exchange or barter in any manner or by any means whatsoever, and includes and means all sales made by any person, whether as principal, proprietor or as an agent, servant or employee. The term "sale" is also declared to be and include the use or consumption in this state of any alcoholic beverage obtained within or imported from without this state, upon which the excise tax levied by the Oklahoma Alcoholic Beverage Control Act has not been paid or exempted; 36. "Short order food" means food other than full meals including but not limited to sandwiches, soups, and salads. Provided that popcorn, chips, and other similar snack food shall not be considered "short order food"; 37. "Sparkling wine" means champagne or any artificially carbonated wine; 38. "Spirits" means any beverage other than wine, beer or light beer, which contains more than one-half of one percent (1/2 of 1%) alcohol measured by volume and obtained by distillation, whether or not mixed with other substances in solution and includes those products known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified wines and similar compounds; but shall not include any alcohol liquid completely denatured in accordance with the Acts of Congress and regulations pursuant thereto; 39. "Wholesaler" means and includes any person doing any such acts or carrying on any such business or businesses that would require such person to obtain a wholesaler's license or licenses hereunder; 40. "Wine" means and includes any beverage containing more than onehalf of one percent (1/2 of 1%) alcohol by volume and not more than twenty-four percent (24%) alcohol by volume at sixty (60) degrees Fahrenheit obtained by the fermentation of the natural contents of fruits, vegetables, honey, milk or other products containing sugar, 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 whether or not other ingredients are added, and includes vermouth and sake, known as Japanese rice wine; 41. "Winemaker" means any person who produces wine; and 42. "Oklahoma winemaker" means a business premises in Oklahoma licensed pursuant to the Oklahoma Alcoholic Beverage Control Act wherein wine is produced by the licensee who must be a resident of the state. The wine product fermented in said licensed premises shall be of grapes, berries and other fruits and vegetables imported into this state and processed herein or shall be of grapes, berries and other fruits and vegetables grown in Oklahoma. Words in the plural include the singular, and vice versa, and words imparting the masculine gender include the feminine, as well as persons and licensees as defined in this section. Section 4. This act shall become effective 90 days after passage and approval. 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. UCO-005 By: Beu (UCO) AS INTRODUCED An relating to the legalization of marijuana; amending 63 O.S. 2-402; amending 63 O.S. 2-422; amending 44 O.S. 3368; providing for the sale of marijuana; creating penalties; providing for an emergency BE IT ENACTED BY THE STATE OF OKLAHOMA: SECTION 1. This act shall be known as the Willie Nelson Act of 2013 SECTION 2. AMENDATORY 63 O.S. 2011 Section 2-422 is amended to read as follows: 1. 2. 3. 4. 5. 6. 7. Section 2-422. As used in the Drug Dealer Liability Act: "Illegal drug" means a drug whose distribution is a violation of state law; "Illegal drug market" means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user; "Illegal drug market target community" is the area described under Section 7 of this act; "Individual drug user" means the individual whose illegal drug use is the basis of an action brought under this act; "Level one offense" means possession of one quarter (1/4) ounce or more, but less than four (4) ounces, or distribution of less than one (1) ounce of a specified illegal drug, or possession of one (1) pound or twenty-five plants or more, but less than four (4) pounds or fifty plants, or distribution of less than one (1) pound of marijuana; "Level two offense" means possession of four (4) ounces or more, but less than eight (8) ounces, or distribution of one (1) ounce or more, but less than two (2) ounces, of a specified illegal drug, or possession of four (4) pounds or more or fifty plants or more, but less than eight (8) pounds or seventy-five plants, or distribution of more than one (1) pound but less than ten (10) pounds of marijuana; "Level three offense" means possession of eight (8) ounces or more, but less than sixteen (16) ounces, or distribution of two (2) ounces or more, but less than four (4) ounces, of a specified illegal drug or possession of eight (8) pounds or more or seventy-five plants or more, but less than sixteen (16) pounds or one hundred plants, or distribution of more than five (5) pounds but less than ten (10) pounds of marijuana; 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 8. "Level four offense" means possession of sixteen (16) ounces or more or distribution of four (4) ounces or more of a specified illegal drug or possession of sixteen (16) pounds or more or one hundred plants or more or distribution of ten (10) pounds or more of marijuana; 9. "Participate in the illegal drug market" means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of an illegal drug. "Participate in the illegal drug market" does not include the purchase or receipt of an illegal drug for personal use only; 10. "Person" means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country; 11. "Period of illegal drug use" means, in relation to the individual drug user, the time of first use by an individual of an illegal drug to the accrual of the cause of action. The period of illegal drug use is presumed to commence two (2) years before the cause of action accrues unless the defendant proves otherwise by clear and convincing evidence; 12. "Place of illegal drug activity" means, in relation to the individual drug user, each county in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the illegal drug use of the individual, unless the defendant proves otherwise by clear and convincing evidence; 13. "Place of participation" means, in relation to a defendant in an action brought under the Drug Dealer Liability Act, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the participation in the illegal drug market by the person; and 14. "Specified illegal drug" means cocaine, heroin, or methamphetamine and any other drug the distribution of which is a violation of state law. SECTION 3. AMENDATORY 63 O.S. 2011 Section 2-402 is amended to read as follows: A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his or her professional practice, or except as otherwise authorized by this act. 2. It shall be unlawful for any person to purchase any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act pursuant to Section 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2-313 of this title in an amount or within a time interval other than that permitted by Section 2-313 of this title. 3. It shall be unlawful for any person or business to sell, market, advertise or label any product containing ephedrine, its salts, optical isomers, or salts of optical isomers, for the indication of stimulation, mental alertness, weight loss, appetite control, muscle development, energy or other indication which is not approved by the pertinent federal OTC Final Monograph, Tentative Final Monograph, or FDA-approved new drug application or its legal equivalent. In determining compliance with this requirement, the following factors shall be considered: a. the packaging of the product, b. the name of the product, and c. the distribution and promotion of the product, including verbal representations made at the point of sale. B. Any person who violates this section with respect to: 1. Any Schedule I or II substance, except marihuana or a substance included in subsection D of Section 2-206 of this title, is guilty of a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years and by a fine not exceeding Five Thousand Dollars ($5,000.00). A second or subsequent violation of this section with respect to Schedule I or II substance, except marijuana or a substance included in subsection D of Section 2-206 of this title, is a felony punishable by imprisonment for not less than four (4) years nor more than twenty (20) years and by a fine not exceeding Ten Thousand Dollars ($10,000.00); 2. Any Schedule III, IV or V substance, marihuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act is guilty of a misdemeanor punishable by confinement for not more than one (1) year and by a fine not exceeding One Thousand Dollars ($1,000.00); 3. Any Schedule III, IV or V substance, marijuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act and who, during the period of any court-imposed probationary term or within ten (10) years of the date following the completion of the execution of any sentence or deferred judgment for a violation of this 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 section, commits a second or subsequent violation of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than ten (10) years and by a fine not exceeding Five Thousand Dollars ($5,000.00); or 4. Any Schedule III, IV or V substance, marijuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act and who, ten (10) or more years following the date of completion of the execution of any sentence or deferred judgment for a violation of this section, commits a second or subsequent violation of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years and by a fine not exceeding Five Thousand Dollars ($5,000.00). C. Any person who violates any provision of this section by possessing or purchasing a controlled dangerous substance from any person, in or on, or within one thousand (1,000) feet of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, or other institution of higher education, recreation center or public park, including state parks and recreation areas, or in the presence of any child under twelve (12) years of age, shall be guilty of a felony and punished by: 1. For a first offense, a term of imprisonment, or by the imposition of a fine, or by both, not exceeding twice that authorized by the appropriate provision of this section. In addition, the person shall serve a minimum of fifty percent (50%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of said sentence; or 2. For a second or subsequent offense, a term of imprisonment not exceeding three times that authorized by the appropriate provision of this section and the person shall serve a minimum of ninety percent (90%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of said sentence, and imposition of a fine not exceeding Ten Thousand Dollars ($10,000.00). D. Any person convicted of any offense described in this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of this title. SECTION 4. AMENDATORY 44 O.S. 2011 Section 3368 is amended to read as follows: A. Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of any state military forces a substance described in subsection B of this section shall be punished as a court-martial may direct. B. The substances referred to in subsection A of this section are the following: C. Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance; D. Any substance not specified in paragraph 1 of this subsection that is listed on a schedule of controlled substances prescribed by the President for the purposes of the Uniform Code of Military Justice of the armed forces of the United States, 10 United States Code, Section 801, et seq.; and E. Any other substance not specified in paragraph 1 of this subsection or contained on a list prescribed by the President under paragraph 2 of this subsection that is listed in schedules I through V of article 202 of the Controlled Substances Act, 21 United States Code, Section 812. SECTION 5. NEW LAW A new law shall be created: A. Marijuana may be packaged and sold wherever tobacco products are currently sold. B. Any person wanting to produce marijuana will need to obtain a permit from the Oklahoma Department of Agriculture C. Any vendor wanting to sell marijuana in their establishment will need to obtain a permit from the Oklahoma Tax Commission. D. No person under the age of twenty-one (21) shall be able to purchase marijuana E. Anyone caught selling to or buying for a person under the age of twenty-one shall be guilty of a misdemeanor and may be sentenced to no less than one year in prison. F. Anyone who has not attained the age of twenty-one (21) and found in possession of marijuana shall be guilty of a misdemeanor and may be sentenced to no less than one year in prison. 92 1 2 3 4 5 6 7 8 G. Anyone found in possession of marijuana not sold by an authorized vendor shall be guilty of a misdemeanor and may be sentenced to no less than one year in prison. H. Marijuana will not smoked or otherwise used in any public place. SECTION 4. WHEREAS a state of emergency exists in Oklahoma, this bill shall become effective upon passage. 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Joint Resolution No. UCO-101 By: Beu (UCO) AS INTRODUCED A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 17A of Article V of the Constitution of the State of Oklahoma; modifying limitation of time served in the Legislature; providing ballot title; and directing filing. BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 2ND SESSION OF THE 45TH OKLAHOMA INTERCOLLEGIATE LEGISLATURE: Section 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 17A of Article V of the Oklahoma Constitution to read as follows: Section 17A. Any member of the Legislature who is elected to office after the effective date of this amendment shall be eligible to serve no more than 12 years in the Oklahoma State Legislature. Years in Legislative office need not be consecutive and years of service in both the Senate and the House of Representatives shall not be added together and included in determining the total number of Legislative years in office. The years served by any member elected or appointed to serve less than a full Legislative term to fill a vacancy in office shall not be included in the 12year limitation set forth herein; but no member who has completed 12 years in office shall thereafter be eligible to serve a partial term. Any member who is serving a Legislative term in office or who has been elected or appointed to serve a term in office on the effective date hereof shall be entitled to complete his or her term and shall be eligible to serve an additional 12 years thereafter. This amendment shall be effective on the 1st day of the year following its adoption. Section 2. The Ballot Title for the proposed Constitutional amendment as set forth in Section 1 of this resolution shall be in the following form: BALLOT TITLE Legislative Referendum No. ____ O.I.L. Question No. ____ THE GIST OF THE PROPOSITION IS AS FOLLOWS: This measure amends the State Constitution. It amends Section 17A of Article 5. 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 This measure affects the way term limits are counted. Term limits will still be in effect but time served in the Oklahoma House of Representatives and time served in the Senate will no longer be added together. This amendment does not change the term limits to officers of the Executive Department. SHALL THIS AMENDEMENT BE APPROVED BY THE PEOPLE? _____ YES, FOR THE AMENDMENT _____ NO, AGAINST THE AMENDMENT SECTION 3. The Chief Clerk of the House of Representatives, immediately after the passage of this resolution, shall prepare and file one copy thereof, including the Ballot Title set forth in Section 2 hereof, with the Secretary of State and one copy with the Attorney General. 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OU-001 By: Gallagher (OU) AS INTRODUCED An act relating to prison reform; providing short title; providing for codification; providing for definitions; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Prepare Yourself” Act of 2013. Section 2. DEFINITION: A. Punishment Prison: A state prison intended for the initial punishment of the prisoner. The prison is similar to the existing prisons however limit leisure time to two (2) hours a day. B. Rehabilitation Center: A state prison intended to rehabilitate prisoners for a law-abiding life upon release. Here the prisoners will learn practical skills, attend regular psychological evaluations, and serve the community. The center will still be heavily guarded to ensure its safety. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Upon passage of this bill, Oklahoma will separate its state prisons into punishment prisons and rehabilitation centers and staff them accordingly. Convicted felons with sentences under thirty (30) years will serve their full sentence in these state prisons. They will spend sixty percent (60%) of their sentence in a punishment prison, and the remaining forty (40%) in a rehabilitation center unless otherwise recommended by the presiding judge. The Oklahoma Department of Corrections (DOC) will be responsible for maintaining this prison and ensuring its effectiveness and security. Section 3. This act shall become effective 180 days after passage and approval. 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Bill No. OU-002 By: Black (OU) AS INTRODUCED An act relating to gross production tax and horizontally-drilled wells; providing for short title; providing for definitions; providing for repeals; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as “The Oklahoma Energy Investment Act (O.E.I.A.) of 2013 Section 2. DEFINITIONS: “horizontally drilled well” shall mean an oil, gas or oil and gas well drilled or recompleted in a manner which encounters and subsequently produces from a geological formation at an angle in excess of seventy (70) degrees from vertical and which laterally penetrates a minimum of one hundred fifty feet into the pay zone of the formation. Section 3. AMENDATORY 68 O.S. 2001, Section 1001, is amended to read as follows: Section 1001. A. There is hereby levied upon the production of asphalt, ores bearing lead, zinc, jack, gold, silver and copper a tax equal to one percent on the gross value thereof. E. 1. Except as otherwise provided in this section, the production of oil, gas or oil and gas from a horizontally drilled well producing prior to July 1, 2011, which production commenced after July 1, 2002, shall be exempt from the gross production tax levied pursuant to subsection B of this section from the project beginning date until project payback is achieved but not to exceed a period of forty-eight (48) months commencing with the month of initial production from the horizontally drilled well. For purposes of subsection D of this section and this subsection, project payback shall be determined as of the date of the completion of the well and shall not include any expenses beyond the completion date of the well, and subject to the approval of the Tax Commission. 3. For production commenced on or after July 1, 2011, and prior to July 1, 2015, the tax levied pursuant to the provisions of this section on the production of oil, gas or oil and gas from a horizontally drilled well shall be reduced to a rate of one percent (1%) for a period of forty-eight (48) months from the month of initial production. The taxes collected from the 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 production of oil shall be apportioned pursuant to the provisions of paragraph 7 of Section 1004 of this title. The taxes collected from the production ENR. S. B. NO. 885 Page 7 of gas shall be apportioned pursuant to the provisions of paragraph 4 of Section 1004 of this title. Section 2357.11. B For tax years beginning on or after January 1, 1993, and ending on or before December 31, 2021 2014, there shall be allowed a credit against the tax imposed by Section 1803 or Section 2355 of this title or Section 624 or 628 of Title 36 of the Oklahoma Statutes for every person in this state furnishing water, heat, light or power to the state or its citizens, or for every person in this state burning coal to generate heat, light or power for use in manufacturing operations located in this state. Section 4. AMENDATORY 11 O.S. 2001, Section 24-105 is amended so to strike any reference to “nuclear powered generating plant.” Section 5. All revenue increases resulting from the elimination of the coal tax credit and changes to the mineral and horizontal drilling gross production taxes, as deemed by The Tax Commission, are to be allocated to the individual school districts of Oklahoma at the discretion of the Governor and pending the approval of the legislature. Section 6. All acts or parts of acts in conflict herewith are hereby repealed. Section 7. This is to be effective at the beginning of the next Oklahoma fiscal year; July 1, 2014. 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Senate Concurrent Resolution No. OU-201 By: Crofford (OU) Gallagher (OU) AS INTRODUCED A concurrent resolution relating to education; and providing for the reduction of corruption through the reduction of educational funding. WHEREAS, knowledge is power; and WHEREAS, power corrupts. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE 2ND SESSION OF THE 45TH OKLAHOMA INTERCOLLEGIATE LEGISLATURE, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN: THAT all state funding for educational purposes should not be renewed when applicable. 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. NSU-501 By: Baker (NSU) AS INTRODUCED An act relating to Title 21, Section 644 of the Oklahoma Statutes; providing amender; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Zero Tolerance Domestic Abuse” Act of 2013. Section 2. AMENDATORY An amendment to section of law to be codified in the Oklahoma Statues to read as follows: A. Assault shall be punishable by imprisonment in a county jail not exceeding thirty (30) days, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment. B. Assault and battery shall be punishable by imprisonment in a county jail not exceeding ninety (90) days, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. C. Any person who commits any assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant shall be guilty of domestic abuse. Upon conviction, the defendant shall be punished by imprisonment in the county jail for not more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Upon conviction for a second or subsequent offense, the person shall be punished by imprisonment in the custody of the Department of Corrections for not more than four (4) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. The provisions of Section 51.1 of this title shall apply to any second or subsequent offense. D. 1. Any person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 battery upon a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant with any sharp or dangerous weapon, upon conviction, is guilty of domestic assault or domestic assault and battery with a dangerous weapon which shall be a felony and punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years twenty (20) years, or by imprisonment in a county jail not exceeding one (1) year. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction for a violation of this paragraph. 2. Any person who, without such cause, shoots a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant, by means of any deadly weapon that is likely to produce death shall, upon conviction, be guilty of domestic assault and battery with a deadly weapon which shall be a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction for a violation of this paragraph. E. Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than one (1) year. shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than twenty (20) years. Any person convicted of a second or subsequent offense of domestic abuse against a pregnant woman with knowledge of the pregnancy shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than ten (10) years. Twenty (20) years. Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy and a miscarriage occurs or injury to the unborn child occurs shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 than twenty (20) years. F. Any person convicted of domestic abuse as defined in subsection C of this section that results in great bodily injury to the victim shall be guilty of a felony and punished by imprisonment in the custody of the Department of Corrections for not more than ten (10) years, twenty (20) years, or by imprisonment in the county jail for not more than one (1) year. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction of a violation of this subsection. G. Any person convicted of domestic abuse as defined in subsection C of this section that was committed in the presence of a child shall be punished by imprisonment in the county jail for not less than six (6) months nor more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than twenty (20) years. Any person convicted of a second or subsequent domestic abuse as defined in subsection C of this section that was committed in the presence of a child shall be punished by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, or by a fine not exceeding Seven Thousand Dollars ($7,000.00), or by both such fine and imprisonment. shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than twenty (20) years. The provisions of Section 51.1 of this title shall apply to any second or subsequent offense. For every conviction of domestic abuse, domestic assault or domestic assault and battery with a dangerous weapon, or domestic assault and battery with a deadly weapon, the court shall: 1. Specifically order as a condition of a suspended sentence or probation that a defendant participate in counseling or undergo treatment to bring about the cessation of domestic abuse as specified in paragraph 2 of this subsection; 2. a. The court shall require the defendant to participate in counseling or undergo treatment for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Attorney General. If the defendant is ordered to participate in a domestic abuse counseling or treatment program, the order shall require the defendant to attend the program for a minimum of fifty-two (52) weeks, complete the program, and be evaluated before and after attendance of the program by a program counselor or a private counselor. Three unexcused absences in succession or seven unexcused absences in a period of fiftytwo (52) weeks from any court-ordered domestic abuse counseling or 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 treatment program shall be prima facie evidence of the violation of the conditions of probation for the district attorney to seek acceleration or revocation of any probation entered by the court. b. A program for anger management, couples counseling, or family and marital counseling shall not solely qualify for the counseling or treatment requirement for domestic abuse pursuant to this subsection. The counseling may be ordered in addition to counseling specifically for the treatment of domestic abuse or per evaluation as set forth below. If, after sufficient evaluation and attendance at required counseling sessions, the domestic violence treatment program or licensed professional determines that the defendant does not evaluate as a perpetrator of domestic violence or does evaluate as a perpetrator of domestic violence and should complete other programs of treatment simultaneously or prior to domestic violence treatment, including but not limited to programs related to the mental health, apparent substance or alcohol abuse or inability or refusal to manage anger, the defendant shall be ordered to complete the counseling as per the recommendations of the domestic violence treatment program or licensed professional; 3. a. The court shall set a review hearing no more than one hundred twenty (120) days after the defendant is ordered to participate in a domestic abuse counseling program or undergo treatment for domestic abuse to assure the attendance and compliance of the defendant with the provisions of this subsection and the domestic abuse counseling or treatment requirements. The court may suspend sentencing of the defendant until the defendant has presented proof to the court of enrollment in a program of treatment for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Attorney General and attendance at weekly sessions of such program. Such proof shall be presented to the court by the defendant no later than one hundred twenty (120) days after the defendant is ordered to such counseling or treatment. At such time, the court may complete sentencing, beginning the period of the sentence from the date that proof of enrollment is presented to the court, and schedule reviews as required by subparagraphs a and b of this paragraph and paragraphs 4 and 5 of this subsection. Three unexcused absences in succession or seven unexcused absences in a period of fifty-two (52) weeks from any court-ordered domestic abuse counseling or treatment program shall be prima facie evidence of the violation of the conditions of probation for the district attorney to seek acceleration or revocation of any probation entered by the court. b. The court shall set a second review hearing after the completion of the counseling or treatment to assure the attendance and compliance of the defendant with the provisions of this subsection and the domestic abuse counseling or treatment requirements. The court shall retain continuing 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 jurisdiction over the defendant during the course of ordered counseling through the final review hearing; 4. The court may set subsequent or other review hearings as the court determines necessary to assure the defendant attends and fully complies with the provisions of this subsection and the domestic abuse counseling or treatment requirements; 5. At any review hearing, if the defendant is not satisfactorily attending individual counseling or a domestic abuse counseling or treatment program or is not in compliance with any domestic abuse counseling or treatment requirements, the court may order the defendant to further or continue counseling, treatment, or other necessary services. The court may revoke all or any part of a suspended sentence, deferred sentence, or probation pursuant to Section 991b of Title 22 of the Oklahoma Statutes and subject the defendant to any or all remaining portions of the original sentence; 6. At the first review hearing, the court shall require the defendant to appear in court. Thereafter, for any subsequent review hearings, the court may accept a report on the progress of the defendant from individual counseling, domestic abuse counseling, or the treatment program. There shall be no requirement for the victim to attend review hearings; and 7. If funding is available, a referee may be appointed and assigned by the presiding judge of the district court to hear designated cases set for review under this subsection. Reasonable compensation for the referees shall be fixed by the presiding judge. The referee shall meet the requirements and perform all duties in the same manner and procedure as set forth in Sections 7003-8.6 and 7303-7.5 of Title 10 of the Oklahoma Statutes pertaining to referees appointed in juvenile proceedings. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. H. As used in subsection G of this section, "in the presence of a child" means in the physical presence of a child; or having knowledge that a child is present and may see or hear an act of domestic violence. For the purposes of subsections C and G of this section, "child" may be any child whether or not related to the victim or the defendant. I. For the purposes of subsections C and G of this section, any conviction for assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or any person living in the same household as the defendant, shall constitute a sufficient basis for a felony charge: 1. If that conviction is rendered in any state, county or parish court of record of this or any other state; or 2. If that conviction is rendered in any municipal court of record of this or any other state for which any jail time was served; provided, no conviction in a municipal court of record entered prior to November 1, 1997, shall constitute a prior conviction for purposes of a felony charge. J. Any person who commits any assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant shall, upon conviction, be guilty of domestic abuse by strangulation and shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than one (1) year nor more than three (3) years, or by a fine of not more than Three Thousand Dollars ($3,000.00), or by both such fine and imprisonment. shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than twenty (20) years. Upon a second or subsequent conviction, the defendant shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than twenty (20) years. shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than three (3) years nor more than ten (10) years, or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such fine and imprisonment. As used in this subsection, "strangulation" means any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head. K. Any district court of this state and any judge thereof shall be immune from any liability or prosecution for issuing an order that requires a defendant to: 1. Attend a treatment program for domestic abusers certified by the 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Attorney General; 2. Attend counseling or treatment services ordered as part of any suspended or deferred sentence or probation; and 3. Attend, complete, and be evaluated before and after attendance by a treatment program for domestic abusers, certified by the Attorney General. L. There shall be no charge of fees or costs to any victim of domestic violence, stalking, or sexual assault in connection with the prosecution of a domestic violence, stalking, or sexual assault offense in this state. M. In the course of prosecuting any charge of domestic abuse, stalking, harassment, rape, or violation of a protective order, the prosecutor shall provide the court, prior to sentencing or any plea agreement, a local history and any other available history of past convictions of the defendant within the last ten (10) years relating to domestic abuse, stalking, harassment, rape, violation of a protective order, or any other violent misdemeanor or felony convictions. N. Any plea of guilty or finding of guilt for a violation of subsection C, F, G, I or J of this section shall constitute a conviction of the offense for the purpose of this act or any other criminal statute under which the existence of a prior conviction is relevant for a period of ten (10) years following the completion of any court imposed probationary term; provided, the person has not, in the meantime, been convicted of a misdemeanor involving moral turpitude or a felony. O. For purposes of subsection F of this section, "great bodily injury" means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death. Section 3. This act shall become effective 90 days after passage and approval. 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. NSU-502 By: King (NSU) AS INTRODUCED An act relating to hazing and bullying; providing penalty; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Not a Laughing Matter” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Persons found hazing and/or bullying will have to go through a year of counseling, partially funded by the state. Counseling must pertain to the act of hazing and/or bullying. Section 3. Penalties for not completing shall be to pay a fine of five-hundred dollars ($500.00), which will go back into a fund that will pay the partial cost of this treatment. Section 4. This act shall become effective ninety (90) days after passage and approval. 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. NSU-503 By: Moore (NSU) AS INTRODUCED An act relating to the rebuilding of Oklahoma’s internal infrastructure to promote a stronger economy; providing short title; providing for definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Rebuilding Our Home” Act of 2013. Section 2. DEFINITIONS A. Infrastructure: The basic facilities, services, and installations needed for the functioning of a community or society, such as transportation and communications systems, water and power lines, and public institutions including schools, post offices, and prisons. B. Strong economy: Advancements in technology, surplus in jobs, strong agricultural system, advancements in education, including a higher pay for educators. That may contribute to the success and prosperity of the state of Oklahoma. C. Advancements: Development; progress, or act of moving forward. D. Luxury Tax: a fee on products not considered essential Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: The Oklahoma State Treasury would collect a luxury tax on goods over five-hundred dollars ($500.00) purchased in the state of Oklahoma. Section 4. This act shall become effective March 5, 2014. 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. NSU-504 By: Robertson (NSU) AS INTRODUCED An act relating to Article 29 of the Oklahoma Statutes; providing amender; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Hunter Rights” Act of 2013. Section 2. AMENDATORY An amendment to an existing section of law to be codified in the Oklahoma Statues to read as follows: 29§3-308. Rewards. The Department may offer and pay a standing reward in any amount not to exceed the sum of Five Hundred Dollars ($500.00) for the capture and conviction, or for evidence leading to the capture and conviction, of any person violating any of the wildlife conservation laws of this state. Section 3. This act shall become effective 90 days after passage and approval. 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. NSU-505 By: Smith (NSU) AS INTRODUCED An act relating to gratuity; providing definitions; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Tips and Tricks” Act of 2013. Section 2. DEFINITIONS Restaurant – Any enterprise, business, or firm whose primary source of income is dependent on the preparation and distribution of hot dishes, meals, or foodstuffs. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All non-fast food restaurants in which servers, ‘busboys’, or waiters are paid less than minimum wage will be required to place a mandatory ten percent (10%) gratuity on the bills of their patrons. Gratuity must be given to the individual employee instead of being split among all service employees. Section 3. This act shall become effective ninety (90) days after passage and approval. 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. NSU-506 By: Tincher (NSU) AS INTRODUCED An act relating to performance enhancing drugs; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Male Enhancement” Act of 2013. Section 2. NEW LAW a new section of law to be codified by the Oklahoma Statutes to read as follows: The use, sell and distribution of testosterone, deca durabolin, and other performance enhancing drugs within the state of Oklahoma will be legalized. Section 3. This act shall become effective 90 days after passage and approval. 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. NSU-507 By: House (NSU) AS INTRODUCED An act relating to domestic pet ownership; providing definitions; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Cat’s Meow” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All domestic felines in the state of Oklahoma will be required to be declawed at its owner’s expense. Section 3. This act shall become effective 90 days after passage and approval. 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OBU-501 By: Debus (OBU) AS INTRODUCED An act relating to Cellular Usage and Automobile Operation; providing short title; providing for codification; providing for penalties; providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Text and Drive: Jail Time” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: The local and federal police shall allocate additional resources to the prevention of cell phone related automobile accidents, fatalities and injuries number decline. For insurance companies implementing a rewards and penalties program for cellular usage while operation the vehicle with a bonus policy to each insurance company who participates up to five-thousand dollars ($50,000). Prohibit use of handheld cellular telephones and other electronic communications devices by drivers under 18 years of age and persons driving school buses. Section 3. PENALTIES Those caught texting and driving will either face suspension or jail time depending on a verdict drawn by the judge overseeing the district charged in. Case outcome depends on the defendant’s driving record and previous criminal activity. Section 4. This act shall become effective 180 days after passage and approval. 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OBU-502 By: Debus (OBU) AS INTRODUCED An act relating to proper mandatory safety standards while operation of a Class A commercial motor vehicle, Class B commercial motor vehicle, and a Class C commercial motor vehicle or a passenger vehicle; providing short title; providing for codification; providing for exceptions; providing for penalties; providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Safety First, Buckle Up” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: Every operator and front seat passenger of a Class A commercial motor vehicle, Class B commercial motor vehicle, Class C commercial motor vehicle or passenger vehicle operated in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle. Every child under the age of seventeen (17) years shall wear a properly adjusted and fastened safety seat belt system in all seats behind the front seat. Section 3. EXEPTIONS This with the exception of any school, church, or public transportation bus all personnel in the front seat must, however fasten a safety belt system while the vehicle is in operation. Section 4. PENALTIES Fines and court costs for violating the provisions of this section shall not exceed fifty dollars ($50.00) per violation. Section 5. This act shall become effective 180 days after passage and approval. 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OBU-503 By: Debus (OBU) AS INTRODUCED An act relating to grounds for filing for divorce and ending a marriage in the state of Oklahoma, clarifying the boundaries of ending a marriage; providing short title; providing for codification; providing an effective date BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Decree of Divorce” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: The Petition for Divorce must declare the appropriate and lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows: 1. Abandonment for one (1) year. 2. Adultery. 3. Extreme Cruelty of any sort. 4. Fraudulent contract. 5. Habitual intoxication. 6. Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed. 7. Insanity for a period of three (3) years. No divorce shall be granted because of insanity until after a thorough examination of such insane person by three physicians, one of which physicians shall be a superintendent of the hospital or sanitarium for the insane, in which the insane defendant is confined, and the other two (2) physicians to be appointed by the court before whom the action is pending, any two (2) of such physicians shall agree that such insane person, at the time the petition in the divorce action is filed, has a poor prognosis for recovery; provided, further, however, that no divorce shall be granted on this ground to any person whose husband or wife is an inmate of a state institution in any other than the State of Oklahoma, unless the person applying for such divorce shall have been a resident of the State of Oklahoma for at least three (3) years prior to the commencement of an action; and provided 115 1 2 3 4 5 6 7 8 9 10 further, that a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant. 8. Incompatibility if and only if the couple has attempted some form of counseling for the minimum of six (6) months and proof of doing so. All other explanations for a Petition to Divorce shall be processed by the District Courts for special considerations. Section 3. This act shall become effective 180 days after passage and approval. 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-501 By: Bowen (OSU) AS INTRODUCED An act relating to death sentences; providing short title; providing for codification; providing for definition; providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Gladiator” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Every criminal who is sentenced to death will be given the option to participate in a gladiator style fight to the death. Each match will be televised, but will be set up in a pay-per-view format. Revenue generated from the matches will go towards the state. If a gladiator wins twenty (20) matches, he/she shall be given the option to be set free. Prisoners may remain a gladiator for as long as they wish, or until death decides to take them. Furthermore, all weapons used in the fights shall be close-range weapons as to make the fights more visceral and personal. No projectile weapons shall be used. Section 3. DEFINITION Projectile Weapon: Any weapon which inflicts damage on a target by means of launching a physical object towards it. Section 4. This act shall become effective 90 days after passage and approval. 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) House Bill No. OSU-502 By: Brock (OSU) AS INTRODUCED An act relating to trying a minor as an adult in the Oklahoma Court System; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “A Child is a Child” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: That no person under the age of eighteen (18) years of age can be tried as an adult unless they commit more than one (1) murder. They shall still be considered a juvenile. Section 3. This act shall become effective 1 year after passage and approval. 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-503 By: Burt (OSU) AS INTRODUCED An act relating to school faculty carrying guns on campus; providing short title; providing for codification; and declaring an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Shoot Bad Guys, Not Kids” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: If approved by the state of Oklahoma, it is a decision to be made by each school district to permit school faculty to carry firearms. Under this bill all teachers that possesses a permit to open or conceal carry a firearm in the state of Oklahoma would be permitted to carry that firearm on the campus of the school at which they are employed. Section 3. It being immediately necessary for the protection of public schools and of the children attending these schools, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-504 By: Burt (OSU) AS INTRODUCED An act relating to Oklahoma drivers safely operating cell phones; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Shut up and Drive” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: If approved this act would make it illegal for drivers to operate a cell phone and a motor vehicle at the same time, unless using a hands-free device. It will at the same time become mandatory for all cars sold in the state of Oklahoma to include some form of hands-free mobile device to operate cell phones. The state would require all car dealerships to include some means of hands-free device then the state would be taking every action possible to ensure the safety of drivers using cell phones. Section 3. This act, if passed and approved, shall become effective January 1, 2015. 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-505 By: Carroll (OSU) AS INTRODUCED An act relating to tobacco and alcohol tax; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Medical Tax Act (MTA)” of 2013 Section 2. NEW LAW A Fund shall be created in the General Revenue Fund for the purposes of stated in this bill. A new section of law to be codified in the Oklahoma Statutes to read as follows: 1. When a consumer purchases a tobacco and alcohol item for recreation purposes, the “the subtotal tax” of that item will be in the MTA fund. 2. It will yield fifty percent (50%) of the profits gained from the price difference. 3. Funds from this act shall only be provided for medical cancer research, medication, doctor visits, surgeries, and transportation for disabled and senior citizens. Section 3. This act shall become effective 90 days after passage and approval. 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-506 By: Carroll (OSU) AS INTRODUCED: An act relating to Community Service; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Servolution 101” of 2013 Section 2. NEW LAW. A new section of the Oklahoma State Statutes shall read as follows: New Qualification for the Oklahoma State House and Senate of Oklahoma State reads as follows: 1. Each representative must do at least four (4) hours of community service once every three (3) months including the representatives who live out of state. 2. The House and Senate must come together to discuss and set appointment for their service. They can do anything to service their community, such as cleaning and repairing State Parks, washing cars, or volunteering a for non-prophet agency. 3. They must work together as group and not individually. Section 3. This act shall become effective 31 days after passage and approval. 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-507 By: DiLiberto (OSU) AS INTRODUCED An act relating to legal age of consensual sex; providing short title; amending Title 21 O.S., Section 21-1111; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Minor Sex” Act of 2013. Section 2. AMENDATORY 21 O.S., Section 21-1111 is amended to read as follows: Rape Defined A. Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances: 1. Where the victim is under sixteen (16) eighteen (18) years of age Section 3. This act shall become effective 90 days after passage and approval. 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-508 By: DiLiberto (OSU) AS INTRODUCED An act relating to the quality of food in and around schools; providing short title; providing definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Rotten Food Service” Act of 2013. Section 2. DEFINITION: Fast Food – of, relating to, or specializing in food that can be prepared and served quickly, and is designed for ready availability, use, or consumption and with little consideration given to quality or significance. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Any food to be considered as “fast food” will be prohibited in any school lunch menu Fast food restaurants will be banned anywhere within the radius of sevenhundred fifty (750) meters of school premises. Section 4. This act shall become effective 90 days after passage and approval. 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-509 By: Hesse (OSU) AS INTRODUCED An act relating to the health and safety of Oklahomans, especially with regards to children; providing short title; amending 21 O.S. 1971, §1289; amending 21 O.S. 1971, §1289.6; amending 21 O.S. 1971, §1289.15; providing for penalties; providing for codification; providing for nullification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Personal Responsibility and Accountability for Firearms” Act of 2013. Section 2. AMENDATORY 21 O.S. 1971, §1289, is amended to read as follows: §1289.30. A. 1. Any gun owner or prospective gun owner in the state of Oklahoma is required to show proof of ownership of a safety cabinet or other locked storage area adequate for the purpose of storing any and all firearms he or she possesses before receiving a license to carry a firearm, and must again show proof of ownership of a safety cabinet each time he or she attempts to renew his or her license. 2. Failure to provide proof of ownership will result in a rejection of licensing to carry. PENALTIES 3. Any person found to possess a firearm, lawfully or unlawfully, and who does not own a safety cabinet or other locked storage area with which to store the firearm in will be guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, or by a fine not exceeding one thousand ($1000.00) dollars, or both such fine and imprisonment. 4. If a firearm is kept within any premises under the custody or control of a resident of Oklahoma and is obtained by another person and used, resulting in injury, or carried to a public place, the owner of the firearm will be guilty of gross negligence, unless the firearm was stored in a locked container or locked with a locking device and reasonable care was taken to prevent unauthorized access to the firearm. 5. If a firearm is kept within any premises under the custody or control of a person in Oklahoma and is obtained by a person under the age of 18 and 125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 used, resulting in injury, or carried to a public place, the owner of the firearm will be guilty of child endangerment, unless the firearm was stored in a locked container or locked with a locking device and reasonable care was taken to prevent unauthorized access to the firearm. 6. If a firearm is kept within any premises under the custody or control of a resident of Oklahoma and is obtained by another person and used, resulting in death, the owner of the firearm will be guilty of negligent homicide, unless the firearm was stored in a locked container or locked with a locking device and reasonable care was taken to prevent unauthorized access to the firearm. Section 3. AMENDATORY 21 O.S. 1971, §1289.6 is amended to read as follows: A. A person shall be permitted to carry loaded and unloaded shotguns, rifles and pistols, open and not concealed and without a handgun license as authorized by the Oklahoma Self-Defense Act pursuant to the following conditions: A person over the age of 18 shall be permitted to carry loaded and unloaded shotguns, rifles and pistols, open and not concealed pursuant to conditions found below if they have acquired a firearm license issued by the Oklahoma State Bureau of Investigation after passing an approved safety course. An approved safety course must be retaken every 5 years after to ensure adequate firearm safety awareness. A person under the age of 18 shall be permitted to carry firearms as listed above if accompanied by a person over the age of 25 who is a relative or legal guardian and possesses an active firearm license. Nonresidents in Oklahoma shall be permitted to carry firearms as outlined above if they have received a license issued by another state. Nonresidents in Oklahoma from states that do not provide gun licenses are eligible to receive a license from the state of Oklahoma. Conditions: 1. When hunting animals or fowl; 2. During competition in or practicing in a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events; 3. During participation in or in preparation for a military function of the state military forces to be defined as the Oklahoma Army or Air National Guard, Federal Military Reserve and active military forces; 4. During participation in or in preparation for a recognized police function of either a municipal, county or state government as functioning police officials; 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 5. During a practice for or a performance for entertainment purposes; or 6. For lawful self-defense and self-protection or any other legitimate purpose in or on property that is owned, leased, rented, or otherwise legally controlled by the person; or 7. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971 or any legislative enactment regarding the use, ownership and control of firearms. 8. Utilizing a firearm for the lawful defense and protection of oneself, one’s property or other persons in or on property that is owned, leased, rented or otherwise legally controlled by oneself does not require a firearm license. B. A person shall be permitted to carry unloaded shotguns, rifles and pistols, open and not concealed and without a handgun license if they have met the requirement for authorized handling of a firearm outlined in Section A, and as authorized by the Oklahoma Self-Defense Act pursuant to the following conditions: 1. When going to or from the person's private residence or vehicle or a vehicle in which the person is riding as a passenger to a place designated or authorized for firearms repairs or reconditioning, or for firearms trade, sale, or barter, or gunsmith, or hunting animals or fowl, or hunter safety course, or target shooting, or skeet or trap shooting or any recognized firearms activity or event and while in such places; or 2. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971. C. The provisions of this section shall not be construed to prohibit educational or recreational activities, exhibitions, displays or shows involving the use or display of rifles, shotguns or pistols or other weapons if the activity is approved by the property owner and sponsor of the activity. D. PENALTIES 1. Any person in Oklahoma found guilty of carrying a firearm without authorization as listed in Section A shall be guilty of a misdemeanor. Section 4. AMENDATORY 21 O.S. 1971, §1289.15 is amended to read as follows: Any person adjudged guilty of violating any provision of Section 1289.9, 127 1 2 3 4 5 6 7 8 9 10 11 1289.10, 1289.11, 1289.12 or 1289.13 of this title shall, upon conviction, be punished by a fine of not less than Fifty Dollars ($50.00) Three Hundred ($300.00) nor more than Five Hundred Dollars ($500.00) Two Thousand Five Hundred Dollars ($2500.00), or imprisonment in the county jail for not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment. Section 5. Any statutes that conflict with this act are hereby rendered null and void. Section 6. This act shall become effective 1 year after passage and approval. 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-510 By: Hesse (House) (OSU) Baser (Senate) (OSU) AS INTRODUCED An act relating to the education of our children; providing short title; providing for codification; providing for establishment of a sales tax; providing for nullification, and establishing an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Meth For Math” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Any substance which contains any quantity of: 1. Methamphetamine, including its salts, isomers, and salts of isomers; 2. Amphetamine, its salts, optical isomers, and salts of its optical isomers; is hereby legal to purchase without prescription in the state of Oklahoma. Section 3. The sale of any of the above substances shall be taxed by the state of Oklahoma at a rate of thirty percent (30%) of the sale price of the substance. All proceeds from the sales tax will go to fund the K-12 public education system in the state of Oklahoma. Section 4. Any conflicting acts preceding this act are hereby nullified. Section 5. It being immediately necessary for the preservation of the public peace, health and safety of our children, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) House Bill No. OSU-511 By: Jackson (OSU) AS INTRODUCED An act relating to the prohibition of personal, moving auto-weaponry; providing short title; providing for definitions; providing for codification; providing for exemptions, providing for penalties and providing an emergency clause BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “No Cars, No Deaths” Act of 2013. Section 2. DEFINITIONS A. Automobiles shall be defined as: a passenger vehicle designed for operation on ordinary roads and typically having four (4) wheels and a gasoline or diesel internal-combustion engine. B. Ammunition shall be defined as: gasoline, diesel, or in the case of hybrid cars, electricity operating batteries. Section 3: NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All automobiles shall be prohibited from usage on all public roads and transport routes in the state of Oklahoma, due to the high velocity of accidental and intentional deaths resulting from usage. Believing that keeping automobiles from discharging in public will significantly reduce deaths and the inefficient uses of finite resources, the state of Oklahoma will treat any offenders as criminals with intent to kill, and shall be tried as such and will be held without bail. Providers of autoweaponry may not come across state lines and will be excommunicated if found in possession with intent to sell or distribute. Section 4. EXEMPTIONS All moving auto-weaponry that is deemed essential to state wellbeing shall not be prohibited from traversing state roads and highways, in accordance with federal interstate commerce regulations. Section 5: PENALTIES Violators will only be excommunicated after their caravan has been loaded 130 1 2 3 4 5 6 7 8 with criminals and meth producers, and will be sent back across state lines. Seeing as the ammunition for auto-weaponry is highly combustible and potentially harmful to precious human life, all ammunition will be prohibited from being sold for auto-weaponry use within the state. Section 6: Due to the high value that Oklahomans place on the sanctity of life, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-512 By: Jackson (OSU) AS INTRODUCED An act relating to public education; providing short title; providing definitions; providing for codification and providing an emergency clause. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Let’s Make it Logical” Act of 2013. Section 2. DEFINITIONS: Standard letter grade shall be defined as: the letter grades given to high school students to represent their academic knowledge in the class. These are known as A, B, C, D, and F. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: The standard letter grade scale used in public schools shall now be reversed, F being the highest and A the lowest, and the letters represent a word, each beginning with the same letter as the original letter grade. They shall be represented as follows: F: Fantastic D: Doable C: Could Have Done Better B: Barely Passing A: Absolutely Not Section 4. This act shall become effective beginning the academic school year of 2014 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-513 By: Kyle (OSU) AS INTRODUCED An act relating to the exploitation of less than adequate drivers throughout the state of Oklahoma; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Get Off the Road” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: If a poor driver is on the road, a passenger of the vehicle is required to take a picture of the driver and upload the picture to Instagram (Trademark). The caption for the picture must read, “Caution! Bad driver on the road!” Section 3. The act shall become effective 90 days after passage and approval. 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-514 By: Kyle (OSU) AS INTRODUCED An act relating to requiring all Oklahoma public universities to provide an armory off campus for students in attendance of the particular university; providing short title; providing definitions, providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Freedom to Keep” Act of 2013. Section 2. DEFINITIONS A. Armory - a storage place for weapons and other war equipment. B. Firearms - a small arms weapon, as a rifle or pistol, from which a projectile is fired by gunpowder. Section 3. NEW LAW. A new section of law to be codified in the Oklahoma Statutes to read as follows: All public universities are required to offer an armory near the campus for students to store personal firearms in a secure location, while still abiding by laws against firearms permitted on campus. Students will have twenty-four (24) hour access to personal firearms. Section 4. This act shall become effective 365 days after passage and approval. 134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-515 By: Nail (OSU) AS INTRODUCED An act relating to high school graduation requirements; providing short title; providing definitions; providing for codification; providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Future Success” Act of 2013 Section 2. DEFINITIONS Certificate of Completion shall be defined as a state-administered official document given to those students who have successfully completed the required secondary education program. Section 3. NEW LAW A new section of law to be codified in the state statutes to read as follows: 1. A Certificate of Completion shall be awarded to those graduating seniors who have successfully completed all required classes in the district’s curriculum but have not passed the state standardized tests. 2. Each individual graduating student must pass required classes in fields of Math, Science, and U.S. History with a grade of seventy percent (70%) or higher. 3. A Certificate of Completion shall be the equivalent of a high school Diploma except in the case of applying to a higher education institution. Section 4. This act shall become effective 90 days after passage and approval 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-516 By: Neal (OSU) Bentz (OSU) AS INTRODUCED An act relating to high school graduation requirements; providing short title; providing for definitions; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “21 And Over” Act of 2013. Section 2. DEFINITIONS: A. ACT- a national college admissions examination that consists of subject area tests in: Reading, English, Math, and Science. B. SAT- exams that provide a path to opportunities, financial support and scholarships, in a way that's fair to all students and measures student’s readiness for the 21st century. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: No high school senior shall receive a high school diploma without getting a cumulative score of twenty-one (21) on the ACT or a ninehundred eighty (980) cumulative score on the SAT. The student shall retake the test until one of the scores is obtained. Section 4. This act shall become effective for the school year starting in 2014. 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-517 By: Neal (OSU) Bentz (OSU) AS INTRODUCED An act relating to information given to adoption agencies by prospective parents; providing short title; providing for definitions; providing for codifications; providing for penalty; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Don’t Ask, Don’t Tell” Act of 2013. Section 2. DEFINITIONS: A. Adoption agency worker- any worker for an adoption agency. B. Prospective parents- any parents looking to adopt from an adoption agency. C. Firearm- a weapon from which a shot is discharged by gunpowder — usually used of small arms. Section 3: NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: No adoption agency worker will have the right to ask any prospective parents looking to adopt, if they have any fire arms in their home. Section 3. PENTALTY Any agent that does ask if there is a fire arm will be suspended from work for thirty (30) days without pay or compensation. Section 4. This act shall become effective in ninety (90) days. 137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-518 By: Nieman (OSU) AS INTRODUCED An act relating to taxing Plan B contraceptives ; providing short title; providing definitions; providing for codification and providing an effective date, BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Right to State Regulation” Act of 2013. Section 2. DEFINITIONS A. Plan B Contraceptive: An emergency contraceptive designed to be taken after sexual intercourse, which was made available to women of all ages, without requiring a prescription, in the summer of 2013. B. Excise Tax: A tax paid with the purchase of a specific good or product. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All sales of Plan B Contraceptives shall be subject to a twenty percent (20%) excise tax, in addition to any applicable sales tax rates. Section 4. This act shall become effective 90 days after passage and approval. 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-519 By: Parandian (OSU) AS INTRODUCED An Act pertaining to the stalking, tracking, and hunting of unicorn in the state of Oklahoma; providing short title; providing for codification; providing for penalties; providing an effective date. BE ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Unicorn Slayer” Act of 2013 Section 2. NEW LAW. A new section of Law to be codified in the Oklahoma Statues to read as follows. The legendary eccentric Unicorn is now vermin and fair game for any individual who wishes to stab, shoot, behead, beat or any other way annihilate a unicorns mind/beating heart from current existence on earth. This is allowed whenever and wherever as long as set unicorn are not on another’s private property. Also as long as said assassinated Unicorn is NOT tortured. Section 3. PENALTIES Furthermore ANY individual who tortures by criteria considered as torture by the United Nations Convention against Torture or the humane society will be brought up on Felony charges. Section 4. This act shall become effective 90 days after passage and approval. 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-520 By: Ray (OSU) AS INTRODUCED An act relating to state public school course content; providing short title; amending Title 70 O.S. 1991, Section 11-101; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Separations” Act of 2013. Section 2. AMENDATORY 70 O.S. 1991, Section 11-101, is amended to read as follows: §70-11-101. Sectarian or religious doctrines - Forbidden to be taught in schools. No sectarian or religious doctrine shall be taught or inculcated in any of the public schools of this state, but nothing in this section shall be construed to prohibit the reading of the Holy Scriptures unless relevant to the context of a course not required for graduation. Section 3. This act shall become effective starting at the beginning of the 2014-2015 academic years after passage and approval. 140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-521 By: Ray (OSU) AS INTRODUCED An act relating to public safety; providing short title; providing for codification and providing penalties; and declaring an emergency. BE IT ENACTED BY THE OKLAHOMA INTERCOLLEGIATE LEGISLATURE: Section 1. This act shall be known as the “Bettering America” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Intercollegiate Legislature Statues to read as follows: The “University of Oklahoma” shall be known as “They Who Shall Not Be Named.” A. After passage and approval of this law, all OIL publications and legislation shall refer to the “University of Oklahoma” as “They Who Shall Not Be Named.” B. After passage and approval of this law, any OIL publication or legislation referring to the “University of Oklahoma” as the “University of Oklahoma” or any alteration or abbreviation of the “University of Oklahoma” shall immediately be amended to “They Who Shall Not Be Named,” and the author(s) of such publication or legislation is/are subject to penalty. 1. Those who are penalized will sing N Sync’s “Bye Bye Bye,” on the last day of the OIL House Legislature in front of the House of Representatives body. 2. The penalty is to be issued, in writing, at least one (1) hour before the closing of any OIL session by any OIL member. C. After passage and approval of this law, any utterance of the phrase, “University of Oklahoma,” or a short hand name the “University of Oklahoma” is known by, may be immediately retracted by the speaker of such phrase and he/she must immediately proclaim: “Oklahoma State University, the State’s University, greatest in the land, above all others.” 1. A speaker who fails to retract the phrase, “University of Oklahoma,” or a short hand name the “University of Oklahoma” is known by, and proclaim “Oklahoma State University, the State’s University, greatest in the land, above all others,” is subject to penalty. a. Those who are penalized will sing N Sync’s “Bye Bye Bye,” on 141 1 2 3 4 5 6 7 8 9 10 the last day of the OIL House Legislature in front of the House of Representatives body. b.The penalty is to be issued, in writing, at least one (1) hour before the closing of any OIL session by any OIL member. Section 3. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-522 By: Sandoval (OSU) AS INTRODUCED An act relating to drug testing high school students; providing short title; providing for codification, providing for penalties, and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Too Cool for Drugs” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: 1. All public schools in the State of Oklahoma will hereby be required to administer individually drug test to any student for their institution. Required for freshman and sophomores entering the 2014-2015 school year, but applies to just entering juniors and seniors. 2. Drug test required once a semester and after two years of attendance there is no more drug test required. 3. Drug test should be supervised and administered by medical professionals to avoid any falsification of urine. 4. Fundraising for the drug tests should be provided by the schools. Having the parents take them to the doctor and showing proof to the school of the drug test is valid and may be even covered by their insurance. Section 3. PENALTIES 1. Public Schools not complying with the above statue will be fined twothousand five-hundred dollars ($2,500) per person admitted without an administered drug test. 2. Any student or applicant who fails the drug test will have to pay the amount for consuming illegal drugs. Section 4. This act shall become effective for the 2013-2014 school year after passage and approval. 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-523 By: Stubblefield (OSU) AS INTRODUCED An act relating to a pregnant woman's completion of an adoption education course before the performance or inducement of an abortion; providing for short title; providing for codification; providing for penalty; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Are You Sure?” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Department of Family and Protective Services, shall: Develop a three-hour course regarding a pregnant woman’s options to place her child for adoption; the course must be at no cost to a pregnant woman who is seeking an abortion; and the woman will be given a certificate of completion. The pregnant woman may not obtain the abortion unless she completes the education course. The certificate of completion must be submitted to the physician performing the abortion. The course must be completed at least forty-eight (48) hours before the abortion is performed or induced. Section 3. PENALTY The license of the physician will be suspended if they do not require the certificate before the abortion is performed or induced. Section 4. This act shall become effective 90 days after passage and approval. 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-524 By: Taussig (OSU) AS INTRODUCED An act adding to state-wide building codes; providing short title; providing definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Saving Oklahoma Water Act of 2013.” Section 2. DEFINITIONS The following terms are to be defined as follows for the purpose of this act: A. “Irrigation” is the artificial application of water to the land or soil. It is used to assist in the growing of agricultural crops and the maintenance of landscapes during periods of inadequate rainfall. B. “Rain sensor shut-off switch” is a device that detects and measures rainfall amounts and overrides the cycle of an irrigation system so as to turn off such system when a predetermined amount of rain has fallen. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: 1. PURPOSE: It is the purpose of the “Saving Oklahoma Water Act of 2013” and is hereby declared to be the policy of this state and its political subdivisions to conserve water, in such a way that: A. Installing contractors are not subject to over burdensome regulations. B. Home- and business- owners will save money on their water bills. C. The life-cycle of installed irrigation systems in our state will be extended due to reduced operating time. D. Water resources are protected from frivolous or unnecessary use. 2. NEW REQUIREMENT FOR ALL NEW IRRIGATION SYSTEMS: Installation requirements for new irrigation systems: Before a final approval is given on the lawn or irrigation system, a rain sensor shut-off switch must be installed. Section 4. This act shall become effective 365 days after passage and approval. 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-525 By: Taussig (OSU) AS INTRODUCED An act relating to recycling and solid waste; providing short title; providing definitions; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Save Our Landfills” Act of 2013. Section 2. DEFINITIONS The following terms are to be defined as follows for the purpose of this act: A. “PET plastic” means polyethylene terephthalate type plastics, made from ethylene glycol and dimethyl terephthalate or terephthalic acid. PET plastic has the number “1” as its recycling symbol. PET plastics are commonly used for plastic beverage containers and in food packaging. B. “HDPE plastic” means high density polyethylene type plastics, a type of thermoplastic made from petroleum. HDPE plastic has the number “2” as its recycling symbol. HDPE plastics are commonly used for milk jugs, shampoo containers and plastic bags. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: 1. PURPOSE: It is the purpose of the “Save Our Landfills Act of 2013” and is hereby declared to be the policy of this state and its political subdivisions to prevent PET and HDPE plastics from entering all Oklahoma landfills in a way that: A. Protects our overcrowded landfills B. Creates additional recycling jobs statewide C. Spurs an improvement in recycling behavior D. Does not punish individuals for throwing away plastic. 2. NEW BAN All PET plastics and HDPE plastics are hereby banned from all landfills and solid waste transfer centers. 146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3. ENFORCEMENT AND DATA COLLECTION The Oklahoma Recycling Association (OKRA) will work in conjunction with the Solid Waste Management Advisory Council to manage the monitoring, collection and recording of pertinent data relating to the flow of PET and HDPE plastics, after the ban is in place. The purpose of the partnership between OKRA and the Solid Waste Management Advisory Council is to further strengthen and enforce the ban in Section Three (3) of this bill. The two organizations shall issue a report One (1) year after this bill becomes law, with the following focuses: A. Determine the number of inspectors necessary to reasonably insure the effectiveness of the ban. B. Determine how plastic waste will be tracked and traced back to an original source. C. Determine what kind of system of punishment (such as warnings or fines) should be implemented to best prevent plastics from reaching landfills. D. Research new and more effective ways to prevent plastics from reaching landfills. Section 4. This act shall become effective 365 days after passage and approval. 147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-526 By: Taussig (OSU) AS INTRODUCED An act relating to recycling and solid waste; providing short title; providing definitions; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Right to Recycle” Act of 2013 Section 2. DEFINITIONS The following terms are to be defined as follows for the purpose of this act: A. “Recyclables” means packaging, containers or other materials that are able to be recycled within the given recycling infrastructure. This does not include items that are not accepted at the applicable recycling facility. B. “Consumable” means a liquid, solid or other substance being held in a container(s) or packaging(s) that is ready and able to be consumed at the same location it was acquired. C. “Recycling container” means a box, receptacle or other space designed to hold recyclables that will be collected consistently for transportation to a recycling facility. D. “Recycling infrastructure” means the current system of recycling containers, collection, transportation and processing. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: 1. PURPOSE: It is the purpose of the “Right to Recycle Act” and is hereby declared to be the policy of this state and its political subdivisions to increase the availability of recycling containers / receptacles in a manner that will: A. Promote recycling to the general public B. Facilitate recycling for interested businesses, organizations and facilities C. Divert a larger percentage of recyclables away from our gorged landfills D. Give the power to the individual to choose to recycle, or not. 148 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2. NEW REQUIREMENT: The following rules will apply to all businesses, organizations and facilities in the state of Oklahoma on or after January 1st, 2013: A. Wherever consumable items are served in or on some type of recyclable (i.e. plastic cups or bottles, glass bottles or aluminum cans) a recycling container(s) must be provided to facilitate the recovery of said recyclables. The recovery of these materials reduces solid waste disposal costs while simultaneously diverting them from our dwindling landfill space. B. Whenever a business, organization or facility purchases recyclable items for resale, packaging or general use, that business, organization or facility shall be responsible for providing a conveniently located recycling container(s) for proper disposal of recyclable items. A training program and company policy is recommended to teach employees and customers how to properly recycle all recyclable materials. C. Any business, organization, or facility that makes consumables available in recyclables shall be responsible for providing a conveniently located recycling container(s) for proper disposal of recyclable items. D. A permanent container(s) shall be provided to each participating business, organization or facility which will serve as the outdoor collection point. These new recycling pickup locations are to be considered an expansion of the current recycling infrastructure. Each participating business location will be added to the normal schedule of recycling collection in their area. Section 4. This act shall become effective 365 days after passage and approval. 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-527 By: Taussig (OSU) AS INTRODUCED An act adding to state-wide building codes; providing short title; providing definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Oklahoma Home Modernization” Act of 2013. Section 2. DEFINITIONS The following terms are to be defined as follows for the purpose of this act: A. “Duct leakage test” is a diagnostic tool designed to measure the air tightness of heating and air conditioning duct systems and to identify air leakage locations. A “duct leakage test” must be performed by a licensed individual. B. “CFM” means cubic feet per minute, a common measure of air flow. C. “RESNET” means Residential Energy Services Network, which developed and maintained the HERS Rating Standards and the HERS Rater national exam. D. “HERS” Home Energy Rating System, which is a nationally recognized measurement of a home’s energy efficiency. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All new residential homes in the state of Oklahoma, to break ground on or after January 1st, 2014, shall meet the all applicable regulations and codes, as well as the following standard: Ducts, air handlers, filter boxes and building cavities used as ducts shall be sealed. Duct tightness shall be verified by either of the following tests: A. Post-construction test: Leakage to outdoors shall be less than or equal to Eight (8) CFM per One Hundred (100) square feet (ft2) of conditioned floor area or a total leakage less than or equal to Twelve (12) CFM per One Hundred (100) ft2 of conditioned floor area when tested at a pressure differential of Twenty- Five Pascal (25 Pa) across the entire system, including the manufacturer's air handler end closure. All 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 register boots shall be taped or otherwise sealed during the test. Or B. Rough-in test: Total leakage shall be less than or equal to Six (6) CFM per One Hundred (100) square feet (ft2) of conditioned floor area when tested at a pressure differential of Twenty-Five Pascal (25 Pa) across the roughed in system, including the manufacturer's air handler enclosure. All register boots shall be taped or otherwise sealed during the test. Duct tightness test is not required if the air handler and all ducts are located within conditioned space. PERMANENT CERTIFICATE: A permanent certificate shall be posted on or in the electrical distribution panel, to be completed by the builder or registered design professional. The certificate shall list the predominant R-values of insulation installed in or on ceiling/roof, walls, foundation and ducts outside conditioned spaces; U-factors and the solar heat gain coefficient (SHGC) for windows and doors. The certificate shall list the types and efficiencies of heating, cooling and service water heating equipment. An efficiency shall not be listed for gas-fired unvented room heaters, electric furnaces or electric base board heaters. ALTERNATIVE APPROACH FOR COMPLIANCE: The RESNET Mortgage Industry National HERS Standards Protocol for third party testing and inspections, shall be deemed to meet the requirements of Section Three of this bill for the permanent certificate. The HERS score must be seventy (70) or below to qualify for this alternative compliance route. Section 4. This act shall become effective 365 days after passage and approval. 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-528 By: Taussig (OSU) AS INTRODUCED An act relating to new tax credits for geothermal ground-coupled heat pump systems; providing short title; providing definitions; providing for eligibility; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Geothermal Heat Pump Tax Credit” Act of 2013. Section 2. DEFINITONS The following terms are to be defined as follows for the purpose of this act: A. “Annual cap” means the annual aggregate amount of the geothermal ground-coupled heat pump tax credit available to individual taxpayers. B. “Department” means the Oklahoma Conservation Commission. C. “Geothermal ground-coupled heat pump system” means a system that uses energy from the ground, water or, ultimately, the sun for distribution of heating, cooling or domestic hot water; that has either a minimum coefficient of performance (COP) of Four (4) or an efficiency ratio (EER) of Nineteen (19) or greater; is One (1) ton or larger in size; and that is installed by an accredited installer certified by the international ground source heat pump association (IGSHPA). D. “Accredited installer” means the state of Oklahoma licensed contractor who has documentation of successful completion, or has documentation of the installing employees’ successful completion, of the “Accredited Installer Workshop” course provided by the international ground source heat pump association. E. “IGSHPA” means the non-profit organization named the international ground source heat pump association, established in 1987 and as of January 1, 2013, headquartered on the campus of Oklahoma State University in Stillwater, Oklahoma. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: 1. NEW TAX CREDIT: A new tax credit is available after December 31, 2013, to read as follows: A. For all taxable years beginning after December 31, 2013, any taxpayer, 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 having a geothermal ground-coupled heat pump system installed on residential property in this state, may claim a credit against the tax imposed by Section 2355 of this title. In determining the amount of credit allowed, the taxpayer may include in the total costs of the geothermal ground-coupled heat pump system such direct expenses incurred for equipment, construction and installation of the system. For the purposes of the allowable tax credit provided for in this subsection, the total cost allowed to be claimed shall not exceed Thirty-Thousand Dollars ($30,000.00). B. The tax credit certificate may be issued for up to 30 percent of the purchase and installation costs of the geothermal ground-coupled heat pump system but may not exceed Nine Thousand Dollars ($9,000.00). C. If the tax credit allowable to a taxpayer for the cost of a geothermal ground-coupled heat pump system exceeds the taxes due on the income of the taxpayer, the amount of the claim not used as an offset against the income taxes of a taxable year may be carried forward as a credit against subsequent income tax liability for a period not to exceed five (5) years. D. The annual cap is Four Million Dollars ($4,000,000.00). When the Four Million Dollar ($4,000,000.00) annual cap is reached, all remaining qualifying systems will receive a certificate of eligibility for the next taxable year. Section 4. ELIGIBILITY A system shall be determined as eligible by the department and issue a certificate of eligibility to the taxpayer. A. Only a taxpayer who is the owner of a geothermal ground-coupled heat pump system that is purchased and is installed in a residence in Oklahoma on or after January 1, 2014, but before December 31, 2020 may receive a certificate of eligibility for a tax credit. B. An itemized accounting of the cost and an affidavit attesting to the facts thereof shall be furnished to the taxpayer by the supplier of the renewable energy system. The itemized accounting shall include the amounts properly attributable to the cost of construction, reconstruction, installation and acquisition of the geothermal groundcoupled heat pump system. C. The taxpayer shall include a copy of said accounting when claiming the credit provided for in this section, and include it with the application form for a certificate of eligibility. D. To ensure compliance with the above requirements, the applicant must agree to allow the department or its authorized representative to inspect the geothermal ground-coupled heat pump system that is described in the application package at any time after the submission of the application package with not less than five business days’ notice to the applicant. 153 1 2 3 Section 5. This act shall become effective Ninety (90) days after passage and approval. 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-529 By: Taylor (OSU) AS INTRODUCED An act relating to registering citizens of Oklahoma; providing short title; amending 26 O.S. 4-102; amending 26 O.S. 4-109.3.; providing for penalties; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Registering Tomorrows Future” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues §26-4-102.1. to read as follows: “Any academic student in a public high school within the State of Oklahoma shall be required to register themselves to a recognized political party, in accordance to regulations provided Section 1 of Article III of the Oklahoma Constitution.” Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues §26-4-102.2. to read as follows: “Any State of Oklahoma public high school failing achieve, annually, at least fifty percent (50%) of the student body that falls under the requirements of §26-4-102.1. will not receive the financial benefits in §26-4-102.3. A. The annual requirements of fifty percent (50%) of the student body required to register will be measured on a ratio based on the amount of new students entering into the new annual reports compared to the previous years. Section 4. NEW LAW A new section of law to be codified in the Oklahoma Statues §26-4-102.3. to read as follows: “Each individual State of Oklahoma public high school that falls under the requirements of §26-4-102.2. shall receive fifty cents ($0.50) per valid Oklahoma high school students voter registration application or application for change in voter registration taken by employees of the individual State of Oklahoma public high school’s office, payable by the State Election Board.” 155 1 2 3 4 5 6 7 8 9 10 Section 5. AMENDATORY amending 26 O.S. 4-109.3. Section B is to read as followed: Motor license agents shall receive fifty cents ($0.50) per valid voter registration application or application for change in voter registration taken by themselves and employees of the motor license agent's office taken at the agent's office, payable by the State Election Board. Section 6. This act shall become effective 90 days after passage and approval. 156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-530 By: Tobin (OSU) AS INTRODUCED An act relating to the status of foreign cars in the State of Oklahoma; providing short title; providing codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Foreign Vehicle” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All cars not made by companies headquartered in the United States are hereby illegal. All foreign cars will be turned into the Government of the State of Oklahoma. Section 3. This act shall become effective January 1, 2014. 157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-531 By: Tobin (OSU) AS INTRODUCED An act relating to the amount of funds that are designated to the Teachers Pensions Fund and System each year; providing short title; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Pension Reform and Reallocation” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: The Teachers’ Pension System for the State of Oklahoma will be abolished. A.) The Teachers’ Pension System will be abolished, however the system will still exist for teachers that have taught for ten years or more. B.) For teachers that have taught ten years or less, they will take out 401K retirement plans. Section 3. This act shall become effective at the beginning of the 2015-2016 school year. 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-532 By: White (OSU) Neely (OSU) AS INTRODUCED An act relating to funerals of fallen soldiers; providing short title; providing for definitions; providing for codification; providing for penalties; and establishing an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Protect Our Heroes” Act of 2013. Section 2. DEFINITIONS A. Soldier: Any member of the United States Armed Forces, active or retired, including, but not limited to: Army, Navy, Air Force, Marines, and National Guard. B. Funeral: Any ceremony or memorial service honoring a recently (within one month) deceased person. C. Protest: organized, publically voiced objection; Public demonstration displaying disapproval. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: A. Henceforth, it will be illegal in the state of Oklahoma to publicly protest within seven-hundred (700) feet of the funeral of a soldier, beginning sixty minutes prior to and ending sixty minutes following the ceremony. Section 4. PENALTIES A. Violating this law is punishable by a fine of up to five-thousand dollars ($5000.00) or up to three (3) years in prison or both such fine and imprisonment. Section 5. It being immediately necessary for the preservation of the public peace, an emergency is hereby declared to exist, by reason whereof this act shall take effect immediately upon passage and approval. 159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-533 By: White (OSU) AS INTRODUCED An act relating to drones; providing short title; providing for definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Airspace Privacy” Act of 2013. Section 2. DEFINITIONS A. Drone: Pilotless aircraft capable of surveillance. B. Time of peace: A time during which no formal declaration of war has been issued by the United States Congress. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: A. No military drone may enter Oklahoma airspace during a time of peace. B. Military departments may request exemptions on a case-by-case basis. Exemption requests shall be directed to the office of the Governor, who will, in turn, decide whether or not to grant the exemption. C. Upon being presented with an exemption request, the Governor has twenty-four (24) hours to either approve or deny entrance. Section 3. This act shall become effective 90 days after passage and approval. 160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-534 By: White (OSU) AS INTRODUCED An act relating to the decriminalization, growth, sale, and taxation of cannabis for recreational and medicinal use; providing short title; providing for definitions; providing for codification’ providing for penalties; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Marijuana Decriminalization” Act of 2013. Section 2. DEFINITIONS A. Cannabis: Any portion of the plants Cannabis sativa, Cannabis indica, or Cannabis ruderalis. B. Marijuana: See Cannabis. C. Commercial Use/Commercial Sale: intended for sale to the public D. Private Use: intended for use by an individual; not for sale. E. Consume: to eat, drink, ingest, or smoke a substance. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: A. Citizens of the state of Oklahoma ages eighteen (18) and older may freely have in their possession and consume cannabis on their private property. B. From the date effective onward, cannabis may be grown for commercial sale or personal use. Cannabis grown for commercial sale will be subject to quarterly quality inspections by the Oklahoma Department of Agriculture’s Cannabis Review Board. C. The Secretary of Agriculture will be given the duty of assembling a Cannabis Review Board. It will be the responsibility of this board to determine the standards to which cannabis producers must be held. D. Any citizen planning to grow cannabis for private use must register for a private use permit with the Cannabis Review Board. Permits will cost four-hundred dollars ($400.00), and can be renewed on a yearly basis for a fee of one-hundred dollars ($100.00) per year. E. Any citizen planning to grow cannabis for commercial use must register for a commercial growth permit with the Cannabis Review Board. Permits will cost one-thousand five-hundred dollars ($1,500.00), and can be renewed on a yearly basis for a fee of six 161 1 2 3 4 5 6 7 8 9 10 11 12 13 percent (6%) of all untaxed revenue earned through cannabis growth and sale throughout the year. F. In addition to the permit fees mentioned in Section E, commercial growers must comply with all agricultural tax codes. Section 3. PENALTIES A. Any citizen found to be growing cannabis on his or her property without a proper permit will be subject to a fine of not less than twothousand dollars ($2,000.00) nor more than five-hundred thousand dollars ($500,000.00). Section 4. This act shall become effective 90 days after passage and approval. 162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-535 By: Wietelman (OSU) Yumul (OSU) AS INTRODUCED An act relating to refraining citizens from occupying public fountains for the purpose of pretending to be a bird; providing short title; providing for definitions; providing for codification; providing for penalties; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as “The Fountain Protection Act.” Section 2. DEFINITIONS: A. Public Fountain-a piece of architecture, which pours water into a basin or jets into the air for a decorative or dramatic effect on public property. B. Birdlike Actions- any action relating to the bird species including but not restricted to: chirping, flapping of the arms, clucking, bathing oneself in fountain, and nesting while using branches and other nesting materials. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: Being necessary for the safety and health of its citizens and the preservation of public fountains, the use of any public fountain for the purpose of pretending to be a bird or performing birdlike actions is hereby prohibited. Any birdlike conduct within fountain property will result in a penalty from the state of Oklahoma. Section 4. PENALTIES Any citizen found to be in violation of this act will be charged with a misdemeanor and be given a fine of up to six-hundred fifty-four dollars and seventy-eight cents ($654.78). In addition, a maximum of fifty-five (55) hours at the nearest animal shelter will be enforced. Section 5. This act shall become effective 90 days after passage and approval. 163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-536 By: Wiskofske (OSU) AS INTRODUCED An act relating to Public Schools; providing short title; providing for codification; providing for penalties; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Student Anti-Stupidity” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Every student attending a public school within the state of Oklahoma shall, at the beginning of their freshman year, take a stateissued Intelligence Quotient test. They shall not receive a score anywhere between seventy (70) and eighty (80). Section 3. PENALTIES Anyone who shall receive a score between seventy (70) and eighty (80) on the Intelligence Quotient test shall be fined up to one-thousand dollars ($1,000.00) for wasting his or her brain. In addition, the person must take the Intelligence Quotient test again the following year until a score above an eighty (80) is attained. Section 4. This act shall become effective 90 days after passage and approval. 164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-537 By: Wright (OSU) AS INTRODUCED An act relating to Cleaning up society; providing short title; providing definitions; providing for codification; and providing an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “The Purge” Act of 2013. Section 2. DEFINITIONS Emergency Services shall be defined as the organizations that deal with fire, crime, accidents, and injuries, for example the police. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: The Government of Oklahoma will sanction an annual 12-hour period in which any and all criminal activity becomes legal. All Emergency Services will be disconnected. The government will release this epidemic of crime on society in order to clean up the society. Section 4. EMERGENCY An Emergency existing, therefore, which emergency is hereby declared to exist, this act shall be in full force after its passage and approval. 165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-538 By: Wright (OSU) AS INTRODUCED An act relating to a ban on photo manipulation in media; providing short title; providing definitions; providing for codification; providing penalties; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Realistic Body” Act of 2013. Section 2. DEFINITIONS: A. Photo manipulation: The application of image editing techniques to photographs in order to create an illusion or deception (in contrast to mere enhancement or correction) B. Image Editing: The process of editing images by using tools such as airbrush, or graphic editing software to manipulate, enhance, and/or transform images. C. Visual Media: Any type of media that provides the public with images such as follows Newspapers, Magazines, In-Store Advertisements, and Television. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: The manipulation and/or editing of images of humans to fabricate an image that is false or deceptive shall be banned in all visual media in the state of Oklahoma. Section 4. PENALTIES: The manipulation and/or editing of images of humans to fabricate an image that is false or deceptive shall be punishable by a fine to the advertising company of two-hundred fifty-thousand dollars ($250,000.00) and a fine to the media providing the platform of five-hundred thousand dollars ($500,000.00) and also the immediate removal of the ad from the media source. Section 5. This act shall become effective 90 days after passage and approval. 166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-539 By: Yocham (OSU) AS INTRODUCED An Act relating to intoxicating liquors; providing short title; amending 37 O.S. 1953, Section 21; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Drinking Age Reduction Act of 2013.” Section 2. AMENDATORY 37 O.S. 1953, Section 21 is amended to read as follows: “Section 241: It shall be unlawful for any person to sell, barter, or give to any person under eighteen (18) twenty-one (21) years of age any low point beer, as defined in Section 163.2 of this title. Section 3. This act shall become effective 90 days after passage and approval. 167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-540 By: Yocham (OSU) AS INTRODUCED An act relating to motor vehicles; providing short title; amending 47 O.S. 2005, Section 6-105.2; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Let Me Drive” Act of 2013. Section 2. AMENDATORY 47 O.S. Section 6-105.2, is amended to read as follows: Section 6-105.2. The Department of Public Safety may issue an instructor permit to any qualified secondary school driver education instructor as defined by the State Board of Education Rules and Regulations for Oklahoma High School Driver and Traffic Safety Education or any driver education instructor, certified by the Department of Public Safety, of a parochial, private, or other nonpublic secondary school upon a proper application to the State Board of Education or the Department of Public Safety in the case of secondary schools that are not regulated by the State Board of Education or a commercial driver training course instructor, as provided for in Sections 801 through 808 of Title 47 of the Oklahoma Statutes. The Department shall promulgate rules for the issuance of the permits. Any instructor as defined in this subsection who has been issued a permit may instruct any person who is at least fifteen (15) fifteen and one-half (15 ½) years of age or who is at least fifteen (15) years of age and of secondary school or higher educational standing while regularly enrolled and certified by the instructor as a student taking a prescribed course of secondary school driver education or a driver education course, certified by the Department of Public Safety, from parochial, private, or other nonpublic secondary school or a commercial driver training course, as defined by Sections 801 through 808 of Title 47 of the Oklahoma Statutes, to operate a motor vehicle while accompanied by and receiving instruction from the instructor who is actually occupying a seat beside the driver. Section 3. This act shall become effective 90 days after passage and approval. 168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-541 By: Yumul (OSU) AS INTRODUCED An act relating to inmates voluntarily donating their organs posthumously; providing short title; providing for definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Inmate Medical Donation” Act of 2013. Section 2. DEFINITIONS A. “Adult” means an individual who is at least eighteen (18) years of age and with a sound mind; B. “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research, or education; C. “Document of gift” means a donor card or other record used to make an anatomical gift, including a statement or symbol on a driver license, identification card, or donor registry; D. “Donor” means an individual whose body or part is the subject of an anatomical gift; E. “Donor registry” means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts; Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: A. The Oklahoma Department of Corrections shall make available to each adult inmate a document of gift form that allows an adult inmate to indicate the inmate’s desire to make an anatomical gift if the adult inmate dies while in the custody of the department. B. If the inmate chooses to make an anatomical gift after death, the inmate shall complete a document of gift in accordance with the requirements of Title 63, Chapter 46, Oklahoma Uniform Anatomical Gift Act. C. Adult inmates executed shall not be permitted to allow document of gift enabled by execution. D. Document of gift shall be provided to each consenting inmate within thirty (30) days after imprisonment. E. Consent to an anatomical gift after death may be rescinded at any time. F. The department shall maintain a record of the document of gift that an 169 1 2 3 adult inmate provides to the department. Section 4. This act shall become effective 90 days after passage and approval. 170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-542 By: Yumul (OSU) AS INTRODUCED An act relating to public safety; providing short title; providing for definitions; providing for codification; providing for penalties; and providing an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Save Our Streets” Act of 2013. Section 2. DEFINITIONS A. “Woman” means a person identifying herself as the female gender on a legal document; B. “Motor Vehicle” means anything used as an instrument of conveyance. Includes any mechanical device on wheels, designed mainly for use, or used, on highways, as well as motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons; C. “Driver” means any person who drives, operates or is in actual physical control of a vehicle; D. “Driver license” means a document issued by the Department of Public Safety or the driver license agency of another state or country which grants to the person named thereon the privilege to drive, operate or be in actual physical control of a motor vehicle. This term shall include an intermediate Class D driver license, a learner permit and a commercial learning permit. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: A. Women in the State of Oklahoma will not be allowed to operate any motor vehicle for the purposes of driving. B. A woman may be permitted to sit in the front passenger seat of a vehicle as long as she receives explicit consent from the male driver. C. Women must remain silent and still while sitting in the vehicle as to not create a distraction for the male driver D. All driver’s licenses owned by a woman will be confiscated and considered null and void with the passage of this bill. E. Women and their children will be required to attend a seminar on the dangers of women drivers. 171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Section 4. PENALTIES A. Any women found driving or operating a motor vehicle will be subjected to a fine of no more than one-thousand thirty-four dollars ($1,234.00) and sentenced to house arrest for not less than three (3) days at the discretion of the judge. B. If the women accused is caught driving multiple people the punishment doubles and her and her children if any will be sentenced to community service in the form of no less than six (6) hours of credit C. Any male conspiring with a woman, by allowing her to drive or operate a vehicle shall be found guilty and punished on equal grounds with the woman accused. Including but not limited to being held in the same house for house arrest. Section 5. EMERGENCY It being necessary for the preservation and safety of the public an emergency is acknowledged. This bill shall be in effect immediately after passage and approval. 172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-543 By: Yumul (OSU) Larsen (OSU) AS INTRODUCED An act relating to car mechanics; providing short title; providing for definitions; providing for codification; providing for penalties; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Road Safety Act of 2013”. Section 2. DEFINITIONS The following terms are to be defined as follows for the purposes of this act: A. Department: Oklahoma Department of Public Safety B. Certified mechanic: A mechanic who has successfully passed the certification tests outlined in the “Certification of Mechanic” below. C. Motor vehicle: Any vehicle which is self-propelled; not including implements of husbandry, electric personal assistive mobility devices, motorized wheelchairs, or vehicles moved solely by human or animal power D. Motor vehicle mechanic: Any person whether self-employed or employed by another who, for compensation, engages in the diagnosis or repair of malfunctions of motor vehicles E. Motor vehicle mechanic helper: Any person who, for compensation, engages in the diagnosis or repair of malfunctions of motor vehicles under the supervision of a motor vehicle mechanic F. Vocational academic schooling: Training in those schools or programs, or both, that are approved by the department Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Registration of mechanic. A. After July 1, 2014, no person shall be registered as a motor vehicle mechanic unless the person has been certified by successfully passing a certification test. B. Registration of a motor vehicle mechanic shall be limited to the specialties or areas of certification in which the person is certified by the department. C. No motor vehicle mechanic shall engage in the repair of motor 173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 vehicles for compensation unless the person is registered or certified as a motor vehicle repair dealer or unless the person is employed by a registered or certified repair dealer. D. Upon successfully passing the certification test and being certified, a person may apply for registration on a form, as prescribed by the department, accompanied by the required original biennial registration fee of. E. The pocket card provided by the department to the mechanic shall be carried on the person or readily available for inspection upon request. F. Upon written request of a registrant, the department may place that person’s active registration on an inactive status. The registrant, upon payment of the inactive registration fee of twenty dollars ($20.00), may continue inactive status for the biennial period. Certification of mechanic (I) There are established the following specialties or areas of certification: (A) Automotive (eight specialties): (1) Engine; (2) Tune-up; (3) Automatic transmission; (4) Brakes; (5) Electrical systems; (6) Suspension and steering; (7) Heating and air-conditioning; and (8) Manual drive train and axles; (B) Truck: Drive train, brakes, suspension and steering, gasoline engines, diesel engines, and electrical systems; (C) Motorcycle and motor scooter. (II) Certification test (A) A certification test shall be given in each of the areas of certification, as described above; (B) Each certification test shall consist of: (1) Written test; (2) The department, in lieu of the written test, may if it deems it appropriate, allow a person to take an oral test if a written request explaining the reasons for seeking a waiver is submitted to the department at least thirty days prior to the scheduled test date; (C) A certification test will be given for a fee of fifteen dollars ($15.00). (III) Application for certification test (A) Applications for certification tests shall be filed with the Department of Public Safety to develop and administer the certification program for motor vehicle mechanics; and 174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (B) The application, the testing fee, and any other required supporting documents shall be received by the testing agency at least forty-five (45) days prior to the scheduled test date. (IV) Qualifications for taking a certification test (A) Before qualifying to take the certification test for any specialty or area of certification, a person shall meet the following qualifications: (B) Have two (2) or more years of full-time "hands-on" working experience either as an automotive technician/mechanic or in body repair or painting and refinishing before the applicant can be certified except as noted below; (1) Substitutions for working experience. Applicant may receive credit for up to one (1) year of the two-years "hands-on" experience requirement by substituting relevant formal training in one, or a combination, of the following: (a) High school training – Three (3) full years of training, either in automotive repair or in body repair and painting and refinishing may be substituted for one (1) year of work experience; (b) Post high school training – Two (2) full years of post-high school training in a public or private trade school, technical institute, community or four-year college, or in an apprenticeship program may be counted as one (1) year of work experience; (c) Short courses - For shorter periods of post high school training, the applicant may substitute two (2) months of training for one (1) month of work experience; (C) Apprenticeship program - Upon satisfactory completion of either a three (3) or four-year department-approved apprenticeship program, the applicant may receive full credit for the two-year "hands-on" working experience requirement; (D) Authentication of training - To have an applicant’s training considered as a substitute for work experience, send a copy of a transcript of courses, or a statement of training, or a certificate showing satisfactory completion of apprenticeship, together with your application form and fee payment. Documents should show length of training (hours or weeks); and (E) Evaluation of requests for substitution of training for experience The department reserves the right to evaluate all requests for substitution of training for experience and to grant such credit as is appropriate. Work experience other than as an automobile or truck technician/mechanic or body and paint repairer may be credited toward fulfillment of the two-year experience requirement where, in the department’s judgment, the nature of the substitute experience so warrants. (V) Application for registration as a motor vehicle mechanic (A) All applicants who have passed the prescribed certification test 175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 shall perform the tasks listed below prior to conducting duties as a mechanic. (B) File an application for registration as a motor vehicle mechanic on a form prescribed by the department; (C) Submit completed application forms with a non-refundable application fee and the original annual registration fee; and (D) Submit copy of test results from testing agency showing that applicant has required experience and has successfully passed the certification test. (VI) Term of License (A) A Motor Vehicle Mechanic license shall be valid for one (1) year. (B) License renewal is required on the last day of the holder’s birthday month, annually (C) There is a license renewal fee of twenty-five dollars ($25.00). (D) If a license has been expired for over two (2) months, there will be a delinquency fee of ten dollars ($10.00) per month until renewal Motor Vehicle Mechanic Helper (1) Supervision by registered or certified mechanic. Any person not a registered or certified mechanic who, for compensation, engages in the diagnosis or repair of motor vehicles shall be deemed to be a motor vehicle mechanic helper. The helper shall work under the supervision of a registered or certified mechanic and the repair dealer shall be answerable for failure to provide supervision. Section 3. PENALTIES Any person found repairing a motor vehicle without a license: First offense: Warning fine of five-hundred dollars ($500.00) Second offense: Misdemeanor charge and up to a one-thousand dollars ($1000.00) fine and/or up to one (1) year in jail. Third and any subsequent offenses: Felony charge and a minimum of two (2) years in prison Section 4. This act shall become effective, after passage and approval, on July 1, 2014. 176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OSU-544 By: Carlile (OSU) AS INTRODUCED An act relating to the large percentage of obese children and teens in Oklahoma; providing short title; providing definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Diet” Act of 2013. Section 2: The following terms are to be defined as follow for the purposes of this act: A. Physical education: An elementary and secondary educational course dedicated to the education and practice of personal exercise threw physical activity. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues as Section 343 of Title 70, unless there is created a duplication in numbering, to read as follows: All public school systems in the state of Oklahoma shall be required to have mandatory physical education courses for their students. In grades one (1) through five (5) the school must require its students to participate in a daily physical education class that is no shorter than thirty (30) minutes and not exceeding one (1) hour. In grades six (6) through twelve (12) the school must require its students to take and participate in a daily physical education class that is no shorter than that schools typical class period length. Section 4. This act shall become effective 90 days after passage and approval. 177 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Joint Resolution No. OSU-601 By: Wiskofske (OSU) AS INTRODUCED A Joint Resolution directing the Oklahoma Election Board to refer to the people for their approval or rejection a proposed amendment to Article VII Section 2 of the Oklahoma State Constitution; providing ballot title; and directing filing. BE IT ENACTED BY THE STATE OF OKLAHOMA SECTION 1. The Oklahoma Election Board shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 2 of Article VII of the Oklahoma Constitution to read as follows: Section VII-2. The Supreme Court shall consist of nine Justices until the number shall be changed by statute and each Justice shall be from a separate district of the State. Each district shall remain as presently constituted until otherwise provided by Statute. The terms of office of the Justices of the Supreme Court shall be six years and shall commence on the second Monday of January following their election hold their offices until leaving the position as long as they shall be in good behavior. Those appointed or elected to fill vacancies shall assume office immediately upon qualifying for the office. Each Justice, at the time of his election or appointment, shall have attained the age of thirty years, shall have been a qualified elector in the district for at least one year immediately prior to the date of filing or appointment, and shall have been a licensed practicing attorney or judge of a court of record, or both, in Oklahoma for five years preceding his election or appointment and shall continue to be a duly licensed attorney while in office to be eligible to hold the office. The Justices shall choose from among their members a Chief Justice and a Vice Chief Justice. SECTION 2. The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this resolution shall be in the following form: BALLOT TITLE Legislative Referendum No. O.I.L. Question No. THE GIST OF THE PROPOSITION IS AS FOLLOWS: This measure amends the state Constitution. It amends Section 2 of Article VII. 178 1 2 3 4 5 6 7 8 9 10 11 12 13 14 It would remove the Oklahoma Supreme Court Justices’ term of six (6) years and instead would allow them to hold their positions as long as they are within good behavior. SHALL THIS AMENDMENT BE APPROVED BY THE PEOPLE? _____ YES, FOR THE AMENDMENT _____ NO, AGAINST THE AMENDMENT SECTION 3. The Chief Clerk of the House of Representatives, immediately after the passage of this resolution, shall prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General. 179 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Concurrent Resolution No. OSU-701 By: Carlile (OSU) AS INTRODUCED A Concurrent Resolution declaring that Bob Stoops and Mike Gundy are real men and that Oklahoma State University and The University of Oklahoma are real colleges in the State of Oklahoma; and declaring a holiday. WHEREAS, Bob Stoops is a greatly accomplished football coach at the University of Oklahoma; and WHEREAS, Mike Gundy is also a greatly accomplished football coach at Oklahoma State University; and WHEREAS, Upon winning the Bedlam football game between Oklahoma State University and The University of Oklahoma, the winning team will be allowed to vote as a team and coaching staff whether or not that day will be recognized as either the name of their head coach (i.e. Mike Gundy Day or Bob Stoops Day), or as the name of their University (i.e. OU Day, or OSU Day). NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 2nd SESSION OF THE 45TH OKLAHOMA INTERCOLLEGIATE LEGISLATURE, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN: THAT The decision of the name by the winning team will be declared publicly by the Governor of Oklahoma and recognized as the name of that day in history until the next years’ bedlam game yet not exceeding the length of two years. 180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-501 By: Craighead (ORU) AS INTRODUCED An act relating to adoption agencies; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “AA Freedom” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: To the extent allowed by federal law, no private child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies. The Commissioner shall not deny an application for an initial license or renewal of a license or revoke the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. A state or local government entity may not deny a private child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. Refusal of a private child-placing agency to perform, assist, counsel, recommend, consent to, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies shall not form the basis of any claim for damages. Section 3. This act shall become effective 90 days after passage and approval. 181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) House Bill No. ORU-502 By: Craighead (ORU) AS INTRODUCED An act relating to entertainment for the population of Oklahoma and recreation for delinquents; providing short title; providing definitions; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Delinquent Internment and Extermination (D.I.E)” Act of 2013. Section 2. DEFINITIONS Youthful Offender Act of 1998: Upon conviction of a crime as a youthful offender, the court may impose a sentence not to exceed the amount possible for adult criminal conviction or 10 years, whichever is less. A special review hearing is required prior to the youth reaching 18 years of age where the court has several options available, including discharging the case, modifying the juvenile disposition, or transferring the youth to the custody of the Department of Corrections to serve the remainder of the Youthful Offender sentence. Juvenile offenders, ages 13 or 14, who are charged with murder in the first degree will be automatically treated as an adult, unless certified as a youth offender or juvenile pursuant to the Youthful Offender Act. A court may defer delinquency proceedings for 180 days for any youth that has not been previously adjudicated delinquent, is currently charged with a misdemeanor, submits a guilty plea, and if the youth and their parent or legal guardian agree to participate in a court-approved alternative program for first-time offender. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: Once a year, one male and one female from each juvenile delinquent center in the State of Oklahoma will be chosen to be part of a once in a lifetime athletic competition called The Predator to Prey (P2P) Games. The winner of the games will be given a clean record and released from their juvenile delinquent center and the opportunity to join the Armed Forces of the United States. Funding for the first year of this project will be siphoned from the State Health Department’s annual budget. 182 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 From the second year forward, the State of Oklahoma will create contracts with every major television network in Oklahoma to broadcast the event on an annual basis, splitting revenues from broadcast advertising between contracted networks and the State. This agreement will use all State-gained revenues to pay off initial debts and future operating costs for the annual competition, with all future, excess, State-gained revenues funding the Lead Individuals to Fantastic Ethics (L.I.F.E.). This program will provide education and reform to poverty-stricken areas with high rates of crimes committed by minors. The location of the games will occur in one of the four corners of Oklahoma to celebrate the diverse biomes, distinct landscapes, and esoteric cultures of Oklahoma. The games will rotate every year between the Northwest, Southwest, Northeast, and Southeast corners of the state. Rules and Provisions for the Predator to Prey (P2P) Games: 1. Each contestant must be between the ages of 11 and 18. 2. The contestants must be current juveniles in the Oklahoma Juvenile Delinquent System and have committed a crime greater than or equal to the charges outlined in the Youthful Offender Act of 1998. 3. The contestants will be picked by using a computer generated random selection process done by Medtox laboratories. 4. One male and one female will be chosen from each from Juvenile Delinquent Center in the state of Oklahoma, and then cut down to the top 12 most violent contestants. 5. Each contestant will be given 6 months to train in whatever skills he/she thinks will be appropriate for his/her style of fighting. 6. No firearms will be allowed in the fighting arena. 7. The head game-maker of the games will be none other than our own Governor Scott Chance. 8. The head game-maker will be given the opportunity to choose a committee of 10 game makers not including himself. 9. The committee will choose the specific details of the game of the current year. 10. The games will end when there is only one delinquent left. Section 4. This act shall become effective two years after passage and approval. 183 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) House Bill No. ORU-503 By: Craighead (ORU) AS INTRODUCED An act relating to potential future parents; providing short title; providing for definitions; providing for codification; providing for penalties; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Snip and Tied” Act of 2013. Section 2. DEFINITIONS A. IQ Test: These tests will be done in Terman style scores, which are graded as follows: 140 and over Genius or near genius 120-140 Very superior intelligence 110-120 Superior intelligence 90-110 Normal or average intelligence 80-90 Dullness 70-80 Borderline deficiency 50-69 Moron 20-49 Imbecile below 20 Idiot B. Laparoscopic sterilization: One of the two most common methods of having your “tubes tied”. During this procedure, a small incision is made to allow for a laparoscope (a small, telescope-like instrument with a light) to be inserted. This allows for the surgeon to see the fallopian tubes. The surgeon closes the fallopian tubes by using rings, clamps, clips, or by sealing them shut with an electric current (electrocautery). Then, the incision is closed. A tubal laparoscopy procedure takes about 30 minutes. There is minimal scarring, and most women can go home the same day as the procedure. C. Vasectomy: The vas deferens from each testicle is clamped, cut, or otherwise sealed. This prevents sperm from mixing with the semen that is ejaculated from the penis. An egg cannot be fertilized when there are no sperm in the semen. The testicles continue to produce sperm, but the sperm are reabsorbed by the body. (This also happens to sperm that are not ejaculated after a while, regardless of whether you have had a vasectomy.) Because the tubes are blocked before the seminal vesicles and prostate, you still ejaculate about the same amount of fluid. D. Obamacare: Healthcare reform bill (HR 3200). 184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 E. The Man: May or may not be Jesus Christ, The Buddha, Bruce Willis, or the United States government. The few, the proud, ‘merica. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: All citizens of Oklahoma who have turned 13 during the previous calendar year will be required to partake in a state-wide IQ test at local testing centers. This test will be administered by the school that the child attends. The Department of Education will enforce the testing by all schools, public and private. It will be administered along with the standardized testing required per school year. All costs will be covered by sex. Any child that is home-schooled must take the test at the public school in their district. All costs subsequent from the homeschooled child’s testing must be covered by the homeschooled child or the homeschooled child’s family because of their attempt to “stick it to the man” by homeschooling their child. Section 4. PENALTIES All males who receive an IQ score of 80 or below will be required to have a vasectomy. All females who receive an IQ score of 80 or below will be required to undergo laparoscopic sterilization. Section 5. This act shall become effective 1 year after passage and approval. 185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-504 By: Griffin (ORU) AS INTRODUCED An act relating to the implementation of dueling in the State of Oklahoma; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Bouts of Gentlemen” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Oklahoma will make a gentlemen’s duel legal. In order to challenge someone to a duel there must be verbal and signed agreement that’s has been witnessed and notarized by a licensed notary. Inside the agreement there must be a date, time, location, and compromised weapon of choice between the participants of the duel. Also all the agreement will state the condition of the duel, such as: A. To first blood, in which case the duel will be ended as soon as one man was wounded, even if the wound was minor. B. Until one man is so severely wounded as to be physically unable to continue the duel. C. To the death (or "à l'outrance"), in which case there will be no satisfaction until one party was mortally wounded. D. In the case of pistol duels, each party would fire one shot. If neither man was hit or if the challenger stated that he was satisfied, the duel would be declared over. If the challenger is not satisfied, a pistol duel could continue until one man was wounded or killed Finally there must be at least two (2) witnesses for the duel itself. One (1) witness from both parties. Section 3. This act shall become effective 90 days after passage and approval. 186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-505 By: Griffin (ORU) AS INTRODUCED An act relating to the welfare of the jobless in the State of Oklahoma; providing short title; providing for codification, providing for penalties, and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Society’s Limited Liability” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: The state of Oklahoma will combine the unemployment wages and welfare wages to create on base wage that can diminish with failure to uphold the following stipulations: A. To report to the local unemployment office at a minimum of, but not limited to, twice a week B. To apply to a required amount of at least fifteen (15) jobs a month received from the earlier stated This Act is to nullify any preceding acts. Section 3. PENALTIES are to include: A. A diminishing provision down to the exact level of poverty set by the federal mandate of twenty-two thousand dollars ($22,000.00) Section 4. This act shall become effective 90 days after passage and approval. 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-506 By: Humpleby (ORU) AS INTRODUCED An act relating to firearm registration; providing short title; providing for codification; providing penalties and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Firearm Registration” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: At the time of purchase of a firearm from a retailer, the firearm must be registered within both state and federal databases. The registration will pair the owner’s personal information, address, height, build, social security number, etc, with the firearm at the time of purchase. Firearms that have been in their owner’s possession prior to the enactment of this bill will subsequently be required by their owners to be registered at a local gun store or police department. This applies to all firearms, even those that are not operational. Section 3. PENALTIES Any firearm that is found to be unregistered shall be confiscated by the state and returned to the owner once they have registered the firearm. Failure to register the firearm within forty-five (45) days from the date of confiscation shall result in the state gaining possession of the confiscated property. Section 4. This act shall become effective 90 days after passage and approval 188 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-507 By: Humpleby (ORU) AS INTRODUCED An act relating to home energy consumption; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Suburban Home Efficiency” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Homes that are built in metropolitan and suburban areas of Oklahoma (towns and cities with a population of at least 20,000) must meet specific guidelines as appropriated by the Oklahoma Department of Energy. These appropriations will include, but are not limited to, LED light bulbs, energy saving windows, more efficient hot water heaters (as determined by the EPA), and more adequate insulation. Section 3. This act shall become effective 90 days after passage and approval 189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-508 By: Gazelka (ORU) AS INTRODUCED An act relating to transportation; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Mario Kart” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Upon passage and publication, in addition to the current requirements, those attempting to earn a driver’s license must also be able to achieve first place in the game Mario Kart, on the track known as Rainbow Road. A. Must race at 150cc difficulty B. Racer may have three (3) attempts per test Section 3. This act shall become effective 90 days after passage and approval. 190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-509 By: Gazelka (ORU) AS INTRODUCED An act relating to taxes; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “No Property and Income Tax” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All property and income taxes are removed. Sales tax will be increased by ten percent (10%) to appropriate for the lost funds. Section 3. This act shall become effective 90 days after passage and approval. 191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-510 By: Gazelka (ORU) AS INTRODUCED An act relating to religious liberty; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Religious Liberties for Business” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Businesses have the freedom to choose whether they want to do business homosexual couples or not. A business may not be pursued legally for denying business to a homosexual couple. Section 3. This act shall become effective 90 days after passage and approval. 192 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-511 By: Rogers (ORU) AS INTRODUCED An act relating to non-committal make out; providing short title; providing for definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “NCMO” Act of 2013. Section 2. DEFINITIONS A. NCMO: An acronym for Non-Committal Make Out, commonly confused for the name “Nick Moe.” B. Make-out session: An American euphemism for engaging in extended periods of passionate kissing. Indirect request: i.e “Do you know where I can find a NCMO?” Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Any person seeking to engage in a consensual make-out session with any other person may do so by indirectly requesting a “NCMO.” If the opposing party is aware of the definition of a NCMO, he or she is immediately required to consent and engage in the NCMO. Any person named Nick Moe shall automatically be granted a NCMO from whomever they choose, given that they provide valid identification. Section 4. This act shall become effective 90 days after passage and approval. 193 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-512 By: Rogers (ORU) AS INTRODUCED An act relating to prenatal care; providing short title; providing definitions; providing for codification; providing penalties and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Prenatal Care for All” Act of 2013. Section 2. DEFINITIONS A. Prenatal care: The monitoring and management of an expecting mother during pregnancy to promote of a healthy outcome for both mother and infant. This includes visits with a certified health professional with subsequent ultrasound imaging, necessary blood work, prenatal vitamin regimens, etc. B. Negligence: Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a board license physician. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All pregnant women must hereby receive prenatal care beginning no later than the first trimester of pregnancy (15 weeks after conception) and ending after the child is born. Exceptions for medical reasons are to be determined only by the patient’s doctor. Section 4. PENALTIES Failure to receive prenatal care after the first trimester (15 weeks after conception) will result in a negligence charge against the mother. Section 5. This act shall become effective 90 days after passage and approval. 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-513 By: Murray (ORU) AS INTRODUCED An act relating to scientific research; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Accuracy is Key” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: A team of world -renowned zoologists and ecologists will be funded to do research in Oklahoma on the red fox, Vulpes vulpes. The project will culminate in the production of a newer and more accurate “The Fox” video which will be published on YouTube. The project will be funded by the Oklahoma Department of Environmental Quality. Funding shall not exceed five hundred thousand dollars ($500,000.00). Section 3. This act shall become effective 90 days after passage and approval. 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-514 By: Murray (ORU) AS INTRODUCED An act relating to euthanasia of willing patients with terminal disease; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Life Autonomy” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Any patient who has a terminal medical condition with a projected life expectancy of one (1) year or less may choose to receive life-terminating treatment via lethal injection. If the attending physician does not wish to administer the dose, the chemical will be provided to the patient to selfadminister through an IV. Prior to the patient’s wishes being carried out, a licensed psychiatrist must perform an evaluation of the patient’s mental health status to ensure that decision-making is not impaired by any mental disease. Section 3. This act shall become effective 90 days after passage and approval. 196 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-515 By: Sleiman (ORU) AS INTRODUCED An act relating to reckless driving; providing short title; providing for codification; providing penalties and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Reckless Driving Act” of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Any driver of a motorized vehicle on public roads shall be guilty of reckless driving at a speed of twenty (20) miles per hour above the speed limit. Speeds below twenty (20) miles per hour above the speed limit may not in any case be reason for a driver to be convicted of reckless driving. A driver may be convicted for reckless driving when driving speeds less than twenty (20) miles per hour above the speed limit if breaking other reckless driving regulations. Section 3. PENALTIES Any person found guilty of reckless driving shall be guilty of a class 4 misdemeanor and shall present their case before a court of law. The penalty for being found guilty of reckless driving shall be a fine of no less than two-hundred dollars ($200.00) but no more than five-hundred dollars ($500.00) and/or a jail sentence of up to thirty (30) days. Section 4. This act shall become effective 90 days after passage and approval. 197 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-516 By: Sleiman (ORU) AS INTRODUCED An act relating to clothing requirements for women; providing short title; providing for codification; providing for penalties and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Free At Last Act” of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Women shall not be required to wear a shirt and/or anything to cover their breasts in any public or private place in which men are not required to wear shirts. Section 3. PENALTIES Privately owned entities may choose to place specific regulations according to their own discretion but shall not receive any governmental funding or tax breaks if they do not have the same shirt policy for women as they do for men. Any government owned facility must adhere to allowing women to not wear shirts anywhere that men are permitted to be shirtless or else face probable closure of the program. Any sexual harassment that is either caused by or related to a woman being shirtless shall be punishable in accordance to any other sexual harassment case. Section 4. This act shall become effective 30 days after passage and approval. 198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-517 By: Sleiman (ORU) AS INTRODUCED An act relating to impounded dogs; providing short title; providing for definitions; providing for codification; providing for penalties and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Puppy Chow” Act of 2013. Section 2. DEFINITIONS Healthy dog: one that shows no sign of disease, injury, or any deformation that should warrant concern as to the viability of the meat. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All healthy dogs in public impoundment facilities shall be given three (3) weeks to be adopted or reclaimed before being sold to government or privately owned facilities where they may be converted into food for either humans or other animals. If the impoundment facility has room and resources for dogs after three (3) weeks, it may choose to hold dogs past the allotted time. The money collected by the facilities may be used for the expansion and betterment of the facilities, the reduction of adoption fees, and for advertisement purposes. All foods containing dog product must be clearly labeled as such and may be sold in any store that carries meat products. Section 4. PENALTIES If money collected is not spent as specified in section 3, a fine of twohundred fifty dollars ($250.00) shall be placed on the facility. All facilities that are fined three (3) times shall lose government funding and tax breaks. Section 5. This act shall become effective 180 days after passage and approval. 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) House Bill No. ORU-518 By: Himes (ORU) AS INTRODUCED An act relating to the Department of Parks and Wildlife; providing for short title; providing codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Blind Eye” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: A. A legally blind hunter may use a laser sighting device during regular hunting hours when assisted by a person who: a. is not legally blind; b. has a hunting license; and c. is at least thirteen (13) years of age. B. The legally blind hunter must carry proof of being legally blind. Section 3. This act shall become effective ninety (90) days after passage and approval. 200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) House Bill No. ORU-529 By: Himes (ORU) AS INTRODUCED An act relating to the appropriation of funds during a zombie apocalypse: relating to the reassignment of duties of various state departments during a zombie apocalypse; providing for short title; providing for definitions; providing for codification; providing for penalties and declaring an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Oklahoma Resident Evil” act of 2013 Section 2. DEFINITIONS A. Zombie Apocalypse shall be defined as an epidemic spread of a virus, via airborne or other means, which causes humans to regress to a state of being undead. Said humans therefore have already expired and lack the capacities of conscience and sentience necessary to classify them as living beings. B. Cash Reserves shall be defined as all funds located on the premises including those found upon all state employees, pay telephones, vending appliances, and donation jars present therein. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: A. Upon declaration by the Governor of the State of Oklahoma that a Zombie Apocalypse exists the following actions shall be immediately carried out to their fullest extent employing the means necessary to satisfy the requirements of this legislation: 1. The Cash Reserves of the following state agencies shall be gathered and prepared for delivery to the Treasury of the State of Oklahoma and shall be appropriated in the manner described below: a. The Oklahoma Water Resources Board for the purpose of water decontamination b. The Oklahoma Department of Wildlife Conservation for the purpose of a propaganda campaign declaring an “open season” on all zombie creatures. c. The Oklahoma State Bureau of Investigation for the purpose of creating a secret police force to identify persons concealing their infection. 201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 d. The Oklahoma Department of Public Safety for the purpose of securing all supplies necessary for exterminating zombies found upon Oklahoma roadways. e. The Oklahoma Department of Human Services for the purpose of fortifying the Capitol building and grounds and the securing of cultural artifacts within the Capitol. 2. The Governor shall have full discretion over the final appropriation of the funds described above as long as he shall remain acting Governor of Oklahoma. Section 4. PENALTIES Any person or organization found either unwilling or unable to comply with the measures set forth shall be guilty of treason and shall be conscripted into the state militia for the purpose of zombie bait and/or shall pay a fine of no less than six hundred sixty-six dollars and zero cents ($666.00). Section 5. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-530 By: Cain (ORU) AS INTRODUCED An act relating to returning to sports play after concussion; providing short title; amending §70-24-155; providing for penalties; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Returning to Play is Not Voluntary” Act of 2013. Section 2. AMEMDATORY §70-24-155 is amended to read as follows: Section 155-C - A youth athlete who has been removed from participation as provided in subsection B of this section may not participate until the athlete is evaluated by a licensed health care provider, trained in the evaluation and management of concussion and receives written clearance to return to participation from that health care provider. The health care provider may be a volunteer. This health care provider A volunteer who authorizes a youth athlete to return to participation shall not be liable for civil damages resulting from any act or omission in the rendering of such care, other than including acts or omissions constituting gross negligence or willful or wanton misconduct. The written clearance for return to participation may not be signed by a health care provider who is of familial relation to the athlete. Section 3. PENALTIES If written clearance for return to participation is signed by a volunteer, the school and school district shall be fined in excess of five-hundred dollars ($500.00) for each infraction. Section 4. This act shall become effective 90 days after passage and approval. 203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-531 By: Cain (ORU) AS INTRODUCED An act relating to organ donation; providing short title; providing definitions; providing codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Only You Donate” Act of 2013. Section 2. DEFINITIONS A. Living Will - a written statement detailing a person's desires regarding their medical treatment in circumstances in which they are no longer able to express informed consent, esp. an advance directive. B. Uniform Donor Card - A consent form authorizing the use of the signer's body parts for transplantation or medical research upon his or her death. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Any and all persons over the age of sixteen (16), who do not specify either by living will or Uniform Donor Card, will be ineligible for organ donation. Upon being pronounced brain dead, next of kin will be ineligible to decide donation rights for victim. Section 4. This act shall become effective 90 days after passage and approval. 204 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-532 By: Cain (ORU) AS INTRODUCED An act relating to the legalization of gambling; repealing 21 O.S. 1999 section 941, and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. REPEALER 21 O.S. 1999, section 941, is hereby repealed. Except as provided in the Oklahoma Charity Games Act, every person who opens, or causes to be opened, or who conducts, whether for hire or not, or carries on either poker, roulette, craps or any banking or percentage, or any gambling game played with dice, cards or any device, for money, checks, credits, or any representatives of value, or who either as owner or employee, whether for hire or not, deals for those engaged in any such game, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine of not less than Five Hundred Dollars ($500.00), nor more than Two Thousand Dollars ($2,000.00), and by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than ten (10) years. Section 2. This act shall become effective 180 days after passage and approval. 205 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) House Bill No. ORU-533 By: Yoder (ORU) AS INTRODUCED An act relating to Driving Safety; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “License Renewal” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: Any licensed driver in the state of Oklahoma that is wanting to renew their drivers license needs to take the initial driving exam again in order to renew their license in addition to presenting two different forms of identification, one being photo identification. Licenses are not able to be renewed by mail. Section 3. This act shall become effective 90 days after passage and approval. 206 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) House Bill No. ORU-534 By: Yoder (ORU) AS INTRODUCED An act relating to promoting healthy living in Oklahoma; providing short title; providing definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Witness of Fitness” Act of 2013. Section 2. DEFINITIONS Proof of health: a doctor’s verification of a clean bill of health and having a body mass index of 28 or under or have a body fat percentage under twenty-five (25%). Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: Any individual that can provide proof of health to the government will receive a one percent (1%) reduction in state income tax. This proof of health can be turned in with taxes each year. For married couples, if both members are able to provide doctor’s proof of a clean bill of health then the couple would jointly get a reduction of two and a half percent (2.5%). In addition, any family that is able to present proof of health for each and every child, they receive an additional half percent (0.5%) state income tax reduction per child up to two percent (2%). Section 4. This act shall become effective 90 days after passage and approval. 207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-535 By: Yoder (ORU) AS INTRODUCED An act relating to crime in Oklahoma; providing short title; providing for definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “The Purge” Act of 2013. Section 2. DEFINITIONS Crime: an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: On April 8th of each year, all crime would be legal in the state of Oklahoma. Citizens are able to enter and exit the state limits as they please. There will be no school on this day for all ages of children. All government facilities will be shut down with the exception of prisons. All emergency services will be unavailable during this time. Section 4. This act shall become effective 90 days after passage and approval. 208 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-536 By: Griffin of the House (ORU) Sandford of the Senate (ORU) AS INTRODUCED An act relating to cyberbullying in the State of Oklahoma; providing short title; providing for codification, and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Cyber Buddy” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All cities in Oklahoma will create a community ran student employed cyberbullying hotline. These will be nonprofit organizations that’s upkeep will be made by redirecting three percent (3%) of education funding divided evenly by each cities HQ. Section 3. This act shall become effective 90 days after passage and approval. 209 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-537 By: Duda (ORU) AS INTRODUCED An act relating to the private selling of firearms in the state of Oklahoma, providing short title; providing for codification; providing penalties, and providing and effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the Gun Sales Act of 2013. Section 2. DEFINITIONS A. Private Seller – an individual of business that is not associated with the Oklahoma Bureau of Alcohol, Tobacco, Firearms and Explosives, or is engaging in the sale of firearms for non-commercial profit. B. License To Sell – a license administered by the Oklahoma Bureau of Alcohol, Tobacco, Firearms and Explosives that allows an individual or business to legally sell firearms. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: Private gun sales for non-commercial profit will hereby be banned in the state of Oklahoma. Individuals and businesses wishing to sell firearms in the state for non-commercial profit must still posses a license to sell, as administered by the state’s Bureau of Alcohol, Tobacco, Firearms, and Explosives. Section 4. PENALTIES: Any individual caught selling firearms for non-commercial profit without a license will be given no less that 360 days in jail and given a fine of no less than 1000 dollars ($1,000.00). Section 5. This act shall become effective 90 days after passage and approval. 210 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. ORU-538 By: Duda (ORU) AS INTRODUCED An act relating to attacking political advertisements on television; providing short title; providing for definitions; providing for codification; providing penalties, and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Play Nice” Act of 2013. Section 2. DEFINITIONS A. Attack Advertisement – any political advertisement on television sponsored by a political party or political candidate that focuses on demeaning an opposing candidate, political party, or an incumbent. B. Political Candidate – any individual seeking election for office. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: Television advertisements sponsored or paid for by a political party or political candidate are hereby forbidden to slander an opposing political party, candidate, or an incumbent. Television advertisements sponsored or paid for by a political party or political candidate are to reference only the political party’s or candidate’s individual record, making no mention of the opposition’s record or stances, unless in a manner that is supportive of such records or stances. Section 4. PENALTIES: Any television advertisement sponsored or paid for by a political party or political candidate that slanders an opposing political party, candidate, or an incumbent must be retracted immediately and followed up with a television advertisement that portrays the opposing political party or candidate in a positive manner, and must be paid to run for twice the time that the slandering advertisement was scheduled to run on air for. Section 5. This act shall become effective immediately after passage and approval. 211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. RSU-501 By: Black (RSU) AS INTRODUCED An act relating to straight party voting; providing for short title; amending Title 26, Chapter A1, Article VII, Section 119; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Regulate the Straight” Act of 2013. Section 2. AMENDATORY, 26 O.S. 1992, Chapter A1, Article VII, Section 119 is amended to read as follows: The voter shall vote by marking the ballot as prescribed by the Secretary of the State Election Board for the party of his choice or for each candidate or candidates of his/her choice or for the answer he/she desires to select on each question. Section 3. This act shall become effective 90 days after passage and approval. 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. RSU-502 By: Black (RSU) AS INTRODUCED An act relating to open primary voting; providing short title; providing for codification; providing for repealer; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Open Primaries Are Cool” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: A. No registered voter shall be restrained from voting in a primary election based upon the political preference designated on his/her recorded voter registration application, voter identification card, voter card or through proper change in political party preference adherent to 26 O.S. §1-110. B. All references to “party affiliation” in 26 O.S. §1-110, 26 O.S. §4110.1 (2013), 26 O.S. §4-112, 26 O.S. §4-118, and 26 O.S. §4-119 shall be replaced with “party preference.” Section 3. REPEALER A. All statutes, bylaws and policies that contradict this legislation are nullified. Section 4. This act shall become effective 90 days after passage and approval. 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. RSU-503 By: Black (RSU) AS INTRODUCED An act relating to increasing the size of the government; providing for short title; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Monkey Business Regalatin’” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: 1. A fourth branch of the government shall be added to the Oklahoma legislature to regulate the arbitration of any argument between legislators concerning bowties, ice cream flavors, white shoes after Labor Day, white or wheat, Chevy versus Ford, bananas or cucumbers, conspiracy theories, space aliens, Empire versus Rebellion, Stones or Beatles, and/or boxers or briefs. 2. Any decision arbitrated by this fourth branch of government will be issued without writing legislation and the party on the ‘losing’ side as determined by the new fourth branch will be required to wear a mullet wig and drive a red van for the remainder of the legislative period. Section 3. This act shall become effective 90 days after passage and approval. 214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No RSU-504 By: Conkling (RSU) AS INTRODUCED An act relating to public safety; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Vehicular Competency Reassessment” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Licensed drivers must retake the driving practical exam in order to renew their motor vehicle operator’s license every four years. Section 3. This act shall become effective 90 days after passage and approval. 215 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. RSU-505 By: Palmer (RSU) AS INTRODUCED An act relating to the ODOT and OSHA regulations; providing for short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Bridging the Gap” Act of 2013. Section 2. NEW LAW: relating to the waning standards of the regulations for the building or repairing of federal/state/county funded roadways upheld by the standards of OSHA at the time directly prior to the absence or suspension of a functioning federal or local government body. 1. The standards of roadway construction (initial) are to remain in the same standards held by the federal regulations of OSHA. 2. The standards of roadway construction (repairing) are to remain the same standards held by the federal regulations of OSHA and ODOT. Section 3. This act shall become effective 90 days after passage and approval. 216 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) House Bill No. RSC-501 By: Fox (RSC) D’Alessandro (RSC) AS INTRODUCED An act relating to the improvement of reasonable accommodations for handicapped/disabled persons in the State of Oklahoma; providing short title; providing definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Show Me Where It Is” Act of 2013. Section 2. DEFINITIONS: Discrimination: A person may not be discriminated against in retaliation for making a charge, filing a complaint, testifying, assisting, or participating in an investigation, proceeding, or hearing concerning unlawful discrimination. Technically, the statute prohibits only conspiracies by two or more persons to retaliate against a person for this reason. Under Oklahoma's Anti-Discrimination Act, an employer with fifteen or more employees may not discriminate on the basis of race, color, religion, sex, national origin, age, or handicap. Okla. Stat. tit. 25, § 1601(1); this law shall include all employers and all buildings accessible to (to serve) the public. Discriminatory Practice: It is a discriminatory practice for a person or agency to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a "place of public accommodation" because of race, color, religion, sex, national origin, age, or handicap unless the agency can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: Unless your facility is less than two (2) stories tall, your building(s) and elevators must conform to the guidelines set forth by the following: A. Elevator hall and car buttons that are mounted at certain heights (42 inches). B. Call buttons that are a minimum of 0.75 inches in diameter. 217 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 C. Certain illumination levels for buttons. D. Braille plates next to buttons and at entrance jambs. E. Two-way communication in elevator cabs that deaf/blind users can utilize. F. Chimes/verbal announcements that indicate floor passing and the next arrival floor. G. A cab large enough to accommodate a wheelchair and a 360-degree turn. H. Hall lantern fixtures that are mounted with their centerlines at least seventy-two (72) inches from the floor. I. Door protective/reopening devices that will reopen the door without physical contact. J. Emergency controls that are grouped at the bottom of the elevator control panel and have their centerlines no less than 35-inches above the finish floor. K. Handrails at specific heights (30 inches). L. Each building two (2) stories or higher must have posted markings of the availability (or non-availability) of an elevator. M. Any maps of said properties shall include information pertaining to availability and/or location of elevators. N. Previously standing buildings are omitted from these regulations. Section 4. This act shall become effective 2 years after passage and approval 218 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. RSC-502 By: Anders (RSC) Chesnut (RSC) AS INTRODUCED An act relating to National Security Agency; providing short title; providing definition; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Face-to-Facetime” Act of 2013. Section 2. DEFINITIONS A. “Video call” includes any mobile or electronic device with which a citizen can have a face-to-face conversation with another person. B. “Personal cameras” include any mobile or electronic device that has internet access and can record video. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: A. Any National Security Agency employee when inquiring on a citizen’s private video call must show a box with their face on the screens of the personal electronics they are spying on. B. It shall be unlawful for any employee to exempt themselves from the provisions of subsection A. C. Any employee violating the provisions of subsection A shall, upon conviction, be punished with termination of employment. D. Any employee violating the provisions of subsection A shall, upon conviction, be punished by having their personal cameras powered on at all times for all citizens to see. Section 4. This act shall become effective 90 days after passage and approval. 219 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. UCO-501 By: Cary (UCO) AS INTRODUCED An act relating to third party ballot access; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Ballot Access” Act of 2013. Section 2. DEFINITION: Third Party – Any party that qualifies under the requirements Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Bearing the signatures of registered voters equal to at least five percent (5%) of the total votes cast in the last General Election either for Governor or for electors for President and Vice President. And shall be replaced with: bearing the signatures of registered 50,000 voters. Section 4. This act shall become effective 90 days after passage and approval. 220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. UCO-502 By: Cary (UCO) AS INTRODUCED An act relating to the reduction of the state income tax to 3%; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Keep More of What You Earn” Act of 2013. Section 2. Oklahomans work hard and should be allowed to keep more of what they earn. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: The State of Oklahoma reduce its state personal income tax to 3% Section 4. This act shall become effective 90 days after passage and approval. 221 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. UCO-503 By: Wilder (UCO) AS INTRODUCED An act relating to public health and water fluoridation; providing short title; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Oklahoma Water Fluoridation Act of 2013.” Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All county and municipal water systems in the State of Oklahoma shall be required to add 1.10 mg of fluoride per liter of water in their system. Section 3. This act shall become effective 90 days after passage and approval. 222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. UCO-504 By: Johnson (UCO) AS INTRODUCED An act relating to the education of Native American languages to high school’s across Oklahoma; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Native American Languages” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues title 14A to read as follows: All school districts in Oklahoma shall have a minimum of one highly qualified teacher to facilitate the instruction of any of the three Native American languages such as Cherokee, Creek, and Choctaw. This language course shall be offered as a second language in high schools across Oklahoma. Section 3. This act shall become effective 90 days after passage and approval. 223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. UCO-505 By: Johnson (UCO) AS INTRODUCED An act relating to a state recognized holiday recognizing the LGBTQ movement; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Pride Day” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues title 14A to read as follows: By enacting this holiday, Oklahoma will become one of the only states to offer a holiday relating to the LGBTQ movement. This holiday shall commence on the first Friday in June to commemorate the start of the LGBTQ movement. Section 3. This act shall become effective 90 days after passage and approval. 224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. UCO-506 By: Coldren (UCO) AS INTRODUCED An act calling for the state of Oklahoma to include the American Sign Language as a second language used in place as the foreign language required by Universities; providing short title; providing for codification; providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1: This act shall be known as the “Fair Sign” Act of 2013 Section 2: DEFINITIONS A. American Sign Language - The sign language recognized by the American Education System B. Foreign Language – A language other than English used at accredited Universities that reside within the state of Oklahoma. Section 3: NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All Universities shall have sign language available to be taken in place of a foreign language. Section 4: This act shall become effective 90 days after passage and approval. 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. UCO-507 By: Coldren (UCO) AS INTRODUCED An act relating to education majors required to have American Sign Language as a second language; providing for short title; providing for definitions; providing for codification; providing for an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Sign Equally” act of 2013. Section 2. DEFINITION: American Sign Language - The sign language recognized by the American Education System Section 3. NEW LAW A new section of the law to be codified in the Oklahoma Statutes to read as follows: All Universities residing in the state of Oklahoma shall have all of their education degree programs to require the American Sign Language as a second language. Section 4. This act shall become effective 90 days after passage and approval. 226 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) House Bill No. UCO-508 By: Lewis (UCO) AS INTRODUCED An Act relating to the creation of a veteran educational award in all higher education and technological institutions in the state of Oklahoma where veterans will be awarded a gratitude award; providing short title; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA: Section 1. This Act shall be known as the “Thanks to Vets Funding Act of 2013.” Section 2. NEW LAW A new section of law codified in the Oklahoma Statutes to read as follows: Every veteran attending or beginning higher learning in Oklahoma, who is categorized as a veteran by the federal government, or Oklahoma department of Veteran Affairs for a certified veteran is to be applied, and made available to the student veteran a one-time cash award of $5,000. Section 3. DEFINITIONS Veteran- a person who served in the active military, naval, or air service, and who was discharged or released there from under conditions other than dishonorable Section 4. It being necessary to ensure the success of the veterans in the state of Oklahoma and their families that are dependent on them, by reason whereof this act shall take effect 365 days after passage and approval. 227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) House Bill No. UCO-509 By: Lewis (UCO) AS INTRODUCED An Act relating to the creation of a Teachers educational award for all public education institutions in the state of Oklahoma where teachers will be awarded a gratitude award; providing short title; providing for codification; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA: Section 1. This Act shall be known as the “Thanks to Teachers Funding Act of 2013.” Section 2. NEW LAW A new section of law codified in the Oklahoma Statutes to read as follows: Every teacher newly hired by any Oklahoma public school system for the purpose of teaching, who is certified by the state of Oklahoma is to be applied, and made available to the Teacher a one-time cash award of twenty-thousand dollars ($20,000.00) Section 3. It being necessary to promote quality education in the state of Oklahoma and the current shortage of education majors choosing Oklahoma to begin their careers, by reason whereof this act shall take effect and be in full force by May 1, 2014. 228 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. UCO-510 By: Kouts (UCO) AS INTRODUCED An act establishing school choice through tax credit scholarships for students identified as gifted; providing short title; providing for definitions; providing for codification; and providing for an effective date; BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Bright Futures” Act of 2013. Section 2. DEFINITIONS: A. Gifted Students: The Education of Gifted and Talented Children Act of 1981, describes these students as being “those children identified at the preschool, elementary and secondary level as having demonstrated potential abilities of high performance capability and needing differentiated or accelerated education or services.” Further definition in the above listed act identifies gifted students as those who score in the top three percent (3%) on any national standardized test of intellectual ability, and may also include students who demonstrate excellence in creative thinking, leadership, visual or performing arts, or specific academic abilities as identified by their teachers. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: A. Students who have been tested and/or identified as gifted will be offered scholarships within 30 days of their testing. These scholarships will be used to transfer the student to an accredited private or charter school of their choice which will better suit their educational needs. B. The scholarship will cover as much tuition as possible, but may not exceed fifteen-thousand five hundred dollars ($15,500.00) per student. Any additional funding must be provided by parents/guardians or other scholarship-granting organizations not connected with this legislation. C. In order to obtain scholarships for gifted students, the Oklahoma Tax Commission will provide tax credits of up to 3.4 million dollars in total, 1.7 million dollars for individuals, and 1.7 million dollars for businesses/corporations which make donations to scholarship-granting organizations. Tax credits will be given on a first- file, first- serve 229 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 D. E. F. G. H. Section 3. basis. The credits will be equal to fifty percent (50%) of the contributions made to scholarship granting organizations with a maximum credit of $1,000/$2,000 for single/married individuals and $100,000 for any business or corporation. In order to qualify for a scholarship, the student must have residence in Oklahoma, and have a household income of no more than threehundred percent (300%) of the standard. After receiving a scholarship, students must keep a GPA of no less than a 3.5 during the year they use the scholarship to continue to qualify the following year. This legislation will apply to students grades K-12. Schools which receive these scholarships must: 1. Be accredited. 2. Comply with Title 70 Legislation (Education of Gifted and Talented Children Act of 1981). 3. Provide adequate education in the areas of mathematics, science, English, and history as well as their specified areas of expertise, according to Oklahoma State standards. 4. Create an IEP (Individualized Education Program) for each student to ensure the students get the most out of their program. The student’s scholarship application must be submitted by the parent/guardian to the Oklahoma State Department of Education (OSDE) by mail or fax, with the required documentation, by December 1st of the year that parent/guardian is seeking the scholarship. Applications received after December 1st will be processed for the following school year. This act shall become effective 12 months after passage and approval. 230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. UCO-511 By: Kouts (UCO) AS INTRODUCED An act relating to time traveling ethics; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Time Travel Ethics” Act of 2013. Section 2. DEFINITIONS: A. Time Travel: Traveling by any means (including such means as T.A.R.D.I.S., DeLorean, Starship Enterprise, Future Gadget Numero Eight, ley lines, cardboard box, alien spaceship, vortex converter, etc.) which physically transports the traveler to a former or future time. B. Guardian: A time travel guide, whether human or alien, certified by the State of Oklahoma as being fit to lead time travel expeditions, who is exceptionally experienced in time travel. These guides know which specific actions translate to which specific changes in the space- time continuum. Guardians are highly ethical, and know how to avoid creating major butterfly effects, especially those which would cause mass chaos to future humanity. C. Time Travel Ethics Course and Evaluation: A course which trains the potential traveler to recognize patterns of interactions which cause shifts in the space- time vortex. This class teaches the student how to avoid negative or major shifts in history while they travel, and focuses on the ethics of time travel (mainly centering on allowing history to take its course without significant interference.) The course trains the traveler how to engage with history as an observer only, thereby limiting the amount of interference created in history. At the end of the course, a test is given, evaluating whether the traveler is mature enough to undertake such a journey. The test is given on a pass/fail basis. D. Time Travel Science Unit: This agency monitors all time travel and butterfly effects with the goal of minimizing major changes (whether negative or positive) to the historical timeline. One section of this agency includes a specialized police force which is trained in the pursuit of illegal time travelers. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: 231 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 All persons who engage in time travel must be accompanied by an experienced guardian of time travel certified by the State of Oklahoma. Additionally, travelers must take the Time Traveling Ethics Course, earning a passing grade on the evaluation. If these conditions are met, the traveler must apply for a time-traveling certificate at the Department of Transportation, which will allow them to travel anywhere within previously explored time. If the traveler wishes to travel outside of these previously explored times or dimensions, they must apply to become a certified guardian. Section 4. Time travel will be overseen by the Department of Transportation and will comply with Title 16 Legislation. Section 5. Travel will be strictly enforced by the Department of Transportation’s Time Travel Science Unit (TTSU). If it is discovered that unlicensed time travel is occurring, the TTSU will contact the Oklahoma State Police Department, which will then put out a warrant for the arrest of the traveler(s). If a butterfly effect is detected, the State TTSU Police Force will follow the time traveler(s) trail and arrest them wherever they have traveled. Bail must not fall under five-hundred thousand dollars ($500,000.00), but must not exceed one million dollars ($1,000,000.00) Section 5. This act shall become effective 90 days after passage and approval. 232 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OU-501 By: Whitlock (OU) AS INTRODUCED An act relating to transportation and highways; providing short title; providing for codification; providing for penalties; providing for funding; and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Get Out of the Left Lane” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes to read as follows: Any vehicle pulling a trailer of any sort on a highway that has three lanes on either side of the road will not be permitted to travel in the furthest left lane (the “passing lane”) of the highway. Drivers will be aware of this new law by the new road signage: “No Towing Left Lane.” These vehicles may only move to the furthest left lane if intending to take a left exit that is a mile away or in avoidance of an accident or a collision. To address the issue of construction zones, if the far left lane is closed all vehicles may utilize the lanes available. Section 3. If a driver in such a vehicle is caught using the far left lane without the intent on utilizing a left exit, then he or she will be given a five-hundred dollar ($500) fine for the first offense. For the second offense, a driver will be given a one-thousand dollar ($1000) ticket, and for the third offense, that driver’s license will be suspended for a period of three (3) months. Drivers can choose to contest their tickets. Section 4. Funding for the additional signage necessary to implement this new law will be taken out of the Oklahoma Department of Transportation budget solely to place signs where needed and for maintenance, if necessary. Section 5. This act shall become effective 90 days after passage and approval. 233 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OU-502 By: Williams (OU) AS INTRODUCED An act relating to education; providing short title; providing for codification, providing for definitions, providing restriction, and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Give It To Me Straight” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All students graduating from a high school in Oklahoma must have completed one half semester course of comprehensive sex education. Abstinence only classes will not count for this requirement. Pregnancy, STDs (STIs), contraception use, LGBT information Section 3. This shall apply to all high school students starting with graduates of 2015. Section 4. DEFINITIONS A. "Adapt" means to modify an evidence-based program model for use with a particular demographic, ethnic, linguistic, or cultural group. B. "Age appropriate" means suitable to particular ages or age groups of children and adolescents, based on the developing cognitive, emotional, and behavioral capacity typical for the age or age group. C. "Evidence-based program" means a program for which systematic, empirical research or evaluation has provided evidence of effectiveness. D. "Medically accurate" means verified or supported by the weight of research in compliance with accepted scientific methods and published in peer-reviewed journals, if applicable, or comprising information recognized as accurate, objective, and complete. Section 5. No pupil shall be required to take or participate in any class or course in comprehensive sex education if his parent or guardian submits written objection thereto, and refusal to take or participate in such course or program shall not be reason for suspension or expulsion of such pupil. Each class or course in comprehensive sex education offered in any of grades 9 through 12 shall include instruction on both abstinence and contraception for the prevention of pregnancy and sexually transmitted 234 1 2 3 4 5 6 7 8 9 10 diseases, including HIV/AIDS, the prevention, transmission and spread of HIV/AIDS and other STDS (STIs.) Course material and instruction shall stress that sexually transmitted diseases are serious possible hazards of sexual intercourse. Pupils shall be provided with statistics based on the latest medical information citing the failure and success rates of condoms in preventing AIDS and other sexually transmitted diseases. Section 6. This act shall become effective July 1, 2014. 235 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OU-503 By: Williams (OU) AS INTRODUCED An act relating to education and elections; providing short title; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Requiring Experience” Act of 2013. Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: Any candidate who wishes to be placed on the ballot for State Superintendent of Public Instruction shall be subject to the following requirements. 1. Must have been an employee of a PUBLIC education system within the United States for at least 8 years 2. Must have been a principal or superintendent within a public school in Oklahoma for at least five (5) years OR taught within the state at a public school for at least fifteen (15) years. 3. A licensed educator within the state of Oklahoma. 4. Can provide proof of education budget experience within Oklahoma public schools. If the candidate has served within a private or charter school, at least eighty percent (80%) of the requirements in this section must be served within a public school district in Oklahoma. Section 3. This act shall become effective 90 days after passage and approval. 236 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Bill No. OU-504 By: Jackson (OU) AS INTRODUCED An act relating to solitary confinement; providing short title; providing for definitions; providing for codification and providing an effective date. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Confining Solitude” Act of 2013. Section 2. DEFINITIONS Solitary Confinement: The practice in which inmates are placed in solitary cells for 22-24 hours per day with little or no human interaction, aside from prison staff and an attorney. Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: A. Inmates shall not be in solitary confinement for reason of discipline, detention, or any other reason for admission unless they have engaged in highly dangerous, violent, or serious escape-related behavior while incarcerated in that facility; and that other methods other than solitary confinement are insufficient to ensure the safety of the inmate or other inmates. B. Solitary confinement shall not be an option for inmates under eighteen (18) years of age. C. Solitary confinement shall be limited to no more than ninety (90) days, except for an inmate whose behavior exposes a pattern of extreme violence or danger to themself or others. And, for every ninety (90) days there shall be a review by an independent review board to be known as the “Inmate’s Special Housing Unit Review Council” to determine whether continued segregated confinement is warranted and necessary. D. Such council shall be composed of seven (7) members appointed by the governor with the consent of the house. One member shall be an attorney admitted to practice law in this state, one member shall be a mental health professional, one member shall be a criminal justice expert appointed from within employees of the state university system, and one member shall be a former inmate. E. Such council shall also reevaluate those previously admitted to solitary confinement. 237 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Section 4. NEW LAW A new section of law to be codified in the Oklahoma Statues to read as follows: All inmates admitted to solitary confinement must be allowed: A. To participate in educational courses, and work-related training available to the general inmate population; B. To have contact visits with the inmate’s family at least once per week; C. Access to at least one hour of out-of-cell exercise per day; D. Access to a shower at least three times per week; E. A cell with adequate light and ventilation; F. Adequate clothing and regular meals; G. Adequate and regular access to mental health services; H. Programs that assist in the ability to obtain and maintain long-term employment, stable housing; and I. Social and life skills including parenting skills, anger management techniques, positive family interactions, and law-abiding behavior. Section 5. This act shall become effective immediately after passage and approval. 238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd House Joint Resolution No. OU-601 By: Berry (OU) of the House Gallagher (OU) of the Senate AS INTRODUCED A joint resolution reforming Oklahoma’s legislative and congressional redistricting process, to be submitted to the people in accordance with the provisions of Section 1 of Article XXIV of the Oklahoma Constitution; amending Article 5 § 11 of the Oklahoma Constitution; providing codification for O.S §14-137; providing ballot title; and directing filing. BE IT RESOLVED BY THE HOUSE OF REPRESENATIVES AND SENATE OF THE 2nd SESSION OF THE 45TH OKLAHOMA INTERCOLLEGIATE LEGISLATURE Section 1. The Oklahoma Election Commission shall refer to the people for their approval or rejection, the following proposed amendments to Article 5 § 11 of the Oklahoma Constitution and additions to Title 14 of the Oklahoma Statues. Section 2. AMENDATORY O.C. Article 5 § 11 is amended to read as follows: Article 5 § 11A. Independent Redistricting Commission to apportion Legislature and Congress. A. The apportionment of the Legislature and Congressional Districts shall be accomplished by the Independent Redistricting Commission according to the provisions of this article. B. The Independent Redistricting Commission (hereinafter the “Commission”) shall: 1. Conduct an open and transparent redistricting process enabling full public consideration of and comment on the drawing of district lines; 2. Draw district lines according to the redistricting criteria specified in this article; and 3. Conduct themselves with integrity and fairness. C. The selection process is designed to produce a Commission that is independent from legislative influence and reasonably representative of this State’s diversity. 1. The Commission shall consist of nine (9) members, as follows: three (3) who are registered with the largest political party in Oklahoma based on registration, three (3) who are registered with the second largest political party in Oklahoma based on registration, and three (3) who are not registered with either of the two (2) largest political parties in Oklahoma based on registration. 239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. Each Commission member shall be a voter who has been continuously registered in Oklahoma with the same political party or unaffiliated with a political party and who has not changed political party affiliation for five (5) or more years immediately preceding the date of his or her appointment. Each Commission member shall have voted in two (2) of the last three (3) statewide general elections immediately preceding his or her application. 3. The term of office of each member of the Commission expires upon the appointment of the first member of the succeeding Commission. 4. A Commission member shall be ineligible for a period of ten (10) years beginning from the date of appointment to hold elective public office at the federal, state, county, or city level in this State. A member of the Commission shall be ineligible for a period of five (5) years beginning from the date of appointment to hold appointive federal, state, or local public office, to serve as paid staff for the Legislature or any individual legislator or to register as a federal, state, or local lobbyist in this State. D. By August 15 in 2021, and in each year ending in the number one thereafter, the Commission shall approve four (4) final maps that separately set forth the district boundary lines for the State House, State Senate, Congressional House, and Congressional Senate. Upon approval, the Commission shall certify the four (4) final maps to the Secretary of State. The Commission shall issue, with each of the four (4) final maps, a report that explains the basis on which the Commission made its decisions in achieving compliance with the criteria of this article. E. Upon receiving the Commission’s final maps, the Secretary of State shall certify them to the Legislature. For the next thirty (30) days thereafter the Legislature shall have the opportunity to amend District Lines, providing the changes affect no more than two percent (2%) of the population in any given district. Any proposed changes must be approved by a two-thirds (2/3) vote in each chamber of the Legislature. After the thirty (30) day window for changes has expired the Legislature shall certify the new final maps containing any approved changes to the Secretary of State. Any approved changes must be accompanied by a report that explains the basis on which the Legislature made its decisions in compliance with the criteria of this Article. F. If the Commission fails to approve a final map according to the provisions of this article, the Secretary of State shall immediately petition the Supreme Court for an order directing the appointment of special masters to adjust the boundary lines of the previous district map in accordance with the redistricting criteria and requirements set forth in this Article. Upon its approval of the special masters’ map, the court shall certify the resulting map to the Secretary of State, which 240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 map shall constitute the certified final map for the subject type of district. G. The Supreme Court has original and exclusive jurisdiction in all proceedings in which a certified final map is challenged. 1. Any registered voter in this state may file a petition for a writ of mandate or writ of prohibition, within forty-five (45) days after the Commission has certified a final map to the Secretary of State, to bar the Secretary of State from implementing the plan on the grounds that the filed plan violates this Constitution, the United States Constitution, or any federal or state statute. 2. The Supreme Court shall give priority to ruling on a petition for a writ of mandate or a writ of prohibition filed pursuant to paragraph (1) 3. If the court determines that a final certified map violates this Constitution, the United States Constitution, or any federal or state statute, the court shall fashion the relief that it deems appropriate. H. The Commission has the sole legal standing to defend any action regarding a certified final map, and shall inform the Legislature if it determines that funds or other resources provided for the operation of the Commission is not adequate. The Legislature shall provide adequate funding to defend any legal action regarding a certified map. I. The records of the Commission pertaining to redistricting and all data considered by the Commission are public records that will be posted in a manner that ensures immediate and widespread public access. Article 5 § 11B. Order of apportionment rendered by Commission. A. Each order of apportionment rendered by the Independent Redistricting Commission on Legislative or Congressional apportionment shall be in writing and shall be filed with the Secretary of State and shall be signed by at least six (6) members of the Commission. B. Six (6) members of the Commission shall constitute a quorum. Six (6) or more affirmative votes shall be required for any official action. The six (6) affirmative votes must include at least two (2) votes of members registered from each of the two (2) largest political parties in Oklahoma based on registration and two (2) votes from members who are not registered with either of these two (2) political parties. Section 3. NEW LAW Section 3 is codified as O.S §14-137 to read: 137.1 Independent Redistricting Commission Selection Process A. This chapter implements Article 5 of the Oklahoma Constitution by establishing the process for the selection and governance of the 241 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Independent Redistricting Commission. The Legislature may not amend this chapter unless all of the following conditions are met: 1. By the same vote required for the adoption of the final set of maps, the Commission recommends amendments to this chapter to carry out its purpose and intent. 2. The exact language of the amendments provided by the Commission is enacted as a statute approved by a two-thirds vote of each house of the Legislature and signed by the Governor. 3. The amendments may not be passed by the Legislature in a year ending in 0 or 1. B. By January 1 in 2020, and in each year ending in the number zero thereafter, the State Auditor shall initiate an application process, open to all registered Oklahoma voters in a manner that promotes a diverse and qualified applicant pool. The State Auditor shall remove from the applicant pool individuals with conflicts of interest including: 1. Within the ten (10) years immediately preceding the date of application, neither the applicant, nor a member of his or her immediate family may have done any of the following: (a) Been appointed to, elected to, or have been a candidate for federal or state office. (b) Served as an officer, employee, or paid consultant of a political party or of the campaign committee of a candidate for elective federal or state office. (c) Served as an elected or appointed member of a political party central committee. (d) Been a registered federal, state, or local lobbyist. (e) Served as paid congressional or legislative staff. 2. Staff and consultants to, persons under a contract with, and any person with an immediate family relationship with the Governor, a Member of the Legislature, or a Member of Congress, are not eligible to serve as Commission Members. C. The State Auditor shall establish an Applicant Review Panel, consisting of three (3) randomly selected auditors from a pool consisting of all auditors employed by the state and licensed by the Oklahoma Board of Accountancy at the time of the drawing, to screen applicants. One (1) auditor shall be registered with the largest political party in Oklahoma, one (1) shall be registered with the second largest political party, and one (1) shall be registered with neither of the two (2) largest political parties. The selected auditors shall be notified and if they decline to serve, a new name shall be drawn which meets the requirements in this subsection. D. From the applicant pool, the Applicant Review Panel shall select thirty (30) of the most qualified applicants, including ten (10) who are registered with the largest political party in Oklahoma, ten (10) who are registered with the second largest political party, and ten (10) who are not registered with either of the two largest political parties. These subpools shall be created on the basis of relevant analytical skills, ability to be impartial, and appreciation for Oklahoma’s diverse 242 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 demographics and geography. The members of the panel shall not communicate with any Legislative Member, Congressional Member, or their representatives, about any matter related to the process or applicants before the pool is selected. The names in the pool shall be submitted to the Legislature no later than October 15 in the year the panel was created. E. No later than November 15 in 2020, and in each year ending in zero thereafter, The majority and minority leaders of the State House and Senate may each strike up to one (1) name from each subpool of ten (10) for a possible total of four (4) strikes in each subpool. F. No later than November 20 in 2020, and in each year ending in the number zero thereafter, the State Auditor shall randomly draw nine (9) names from the remaining pool of applicants as follows: three (3) from the remaining subpool of applicants registered with the largest political party in Oklahoma, three (3) from the remaining subpool of applicants registered with the second largest political party in Oklahoma, and three (3) from the remaining subpool of applicants who are not registered with either of the two largest political parties in Oklahoma. These nine (9) individuals shall serve on the Independent Redistricting Commission. 137.2 Independent Redistricting Commission Budget, Fiscal Oversight. A. The Governor and Legislature shall include in their respective annual budgets amounts of funding to implement the redistricting process required by this Act. The appropriation made shall be equal to the greater of two million dollars ($2,000,000.00), adjusted for inflation each year. The Legislature may make additional appropriations in any year in which it determines that the Commission requires additional funding in order to fulfill its duties. The Commission shall hire Commission staff, legal counsel, and consultants as needed. The Governor shall also make adequate office space available for the operation of the Commission. B. Members of the Commission shall be compensated at the rate of three hundred dollars ($300.00) for each day the member is engaged in Commission business, adjusted for inflation each year. Section 4. The ballot title for the proposed Constitutional amendments as set forth in Section 2 and additions to the Oklahoma Statues as found in Section 3 shall be in the following form: REFORMS FOR TRANSPARANCY AND FAIRNESS IN LEGISLATIVE REDISTRICING 243 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Legislative Referendum No. O.I.L Question No. THE GIST OF THE PROPOSITION IS AS FOLLOWS: This measure amends and adds sections to the Oklahoma Constitution and adds new sections to the Oklahoma Statutes to end the political redistricting process commonly known as ‘Gerrymandering’. Under current law, sitting legislators draw the boundaries for their own political districts behind closed doors. In place of ‘Gerrymander’ redistricting, the passage of this measure facilitates redistricting via a neutral body under the guide of detailed criteria. An Independent Redistricting Commission shall be formed once every ten years, consisting of registered Oklahoma voters without a vested political interest in the outcome. The Independent Redistricting Commission shall draw district lines for the State House, State Senate, Congressional House, and Congressional Senate districts. Meetings of the Independent Redistricting Commission shall be open to the public as to ensure transparency and fairness. SHALL THESE AMENDMENTS BE APPROVED BY THE PEOPLE? YES, FOR THE AMENDMENTS NO, AGAINST THE AMENDMENTS Section 5. The Chief Clerk of the House of Representatives, immediately after the passage of this resolution, shale file and prepare one copy thereof, including the Ballot Title set forth in Section 4 hereof, with the Secretary of State and one copy with the Attorney General. 244 ADDRESSES Second Session of the Forty-Fifth Oklahoma Intercollegiate Legislature Hyatt Place OKC NW Oklahoma State Capitol 1511 NW Expressway St, Oklahoma City, OK, 73118 2300 N Lincoln Blvd, Oklahoma City, OK 73105 Mid-Del Food Pantry 322 N Midwest Blvd, Midwest City, OK 73110 Regional Food Bank of OK 3355 S Purdue Ave, Oklahoma City, OK 73137 Dave & Buster’s Will Rogers Theater Cox Convention Center Luigi’s Pizza 5501 N May Ave, Oklahoma City, OK 73112 4322 N Western Ave, Oklahoma City, OK 73118 1 Myriads Gardens, Oklahoma City, OK 73102 7901 N May Ave, Oklahoma City, OK 73120 245 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2 Session of the 45th Legislature (2013) nd Internal Legislation Bill No. OSU-002 By: Coleman (OSU) AS INTRODUCED An act relating to election procedures; providing short title; amending Title 4, Chapter 1, Sections 100-108; providing for codification; and declaring an emergency. BE IT ENACTED BY THE STATE OF OKLAHOMA Section 1. This act shall be known as the “Election Reform Act of 2013”. Section 2. AMENDTORY. Title 4, Chapter 1, Sections 100-108 is amended to read as follows: SECTION 100. All general elections for offices in the Executive Branch shall be held on the second fourth day of the Spring Conference. All general elections related to Judicial Retention and Constitutional Amendments shall be held no later than the last full day of the Conference before Sine Die Adjournment of the Legislature. SECTION 101: A. An O.I.L. Election Commission shall be formed by: the Speaker of the House, the President Pro Tempore of the Senate, and the Attorney General prior to the commencement of official election activities. 1. The Speaker of the House shall choose eight (8) members of the Commission. 2. The President Pro Tempore of the Senate shall choose eight (8) members of the Commission. 3. The Attorney General shall chair the Election Commission, unless the Attorney General is a candidate for Executive Office. In the event that the Attorney General is a candidate for Executive Office, the Deputy Attorney General shall chair the Commission. If both are seeking Executive Office, then the Chief Justice of the Supreme Court shall choose a member of the Judicial Branch to serve as the Chair of the Commission. 4. No member of the commission may be an author of any proposed Constitutional Amendment, a Justice under question of retention before the voters, or a candidate for elective Executive Office. B. The Election Commission shall have the duty to execute the responsibilities stated in this Title, Title Nine, or otherwise provided by the Constitution or Statutes. 246 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 102: All polls shall remain open a total of six (6) and a minimum of four (4) consecutive hours. The Commission shall designate a time, place, and manner for polling for all general and special elections. No poll may be operated unless two (2) of the Commission members are present at the time of operations. A. If a case in which it is needed to relocate the polling location, the ballot box may be transferred by the chair of the election commission and two (2) members of the election commission. During transportation of the ballot box it shall be sealed and not opened until arrival at the house. SECTION 103: No member of the Commission, nor any member-at-large may display any preference for any candidate or position. No material promoting a candidate or position shall be allowed within twenty-five (25) feet or view of the polling place. The Commission may not require any member of the organization to remove any campaign materials that the member wishes to display on their person while the person is casting a ballot. No individual shall be allowed to wear campaign materials near the ballot box unless he or she is casting a ballot at the time. No candidate may be present near the ballot box unless casting a ballot. SECTION 104: All candidates wishing for their names to appear on the ballot in a manner different than nominated must submit their name as they wish for it to appear on the ballot to the members of the Election Commission no later than midnight on the night before the Election is to be held. The Commission shall then choose at random the names, as they are to appear on the ballot. The Commission shall place all contested candidates and all propositions on a singular ballot, which shall alone be copied and provided to the membership of the organization for their election. SECTION 105: All candidates may have one (1) representative present during all elections and related activities in which the Commission engages. SECTION 106: The Commission shall have the authority to adopt such rules as they deem fit, provided that any rules so adopted shall not supersede the Constitution or Statutes. SECTION 107: The Commission shall determine the validity of all ballots cast in general elections and certify the accuracy of all such elections. Any ballot with the 247 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 written name of a candidate not nominated as provided in Chapter Three of this Title shall be considered void. The Commission must maintain one (1) copy of the official roaster of eligible voters given by the Secretary of State at all times while ballots are being distributed, collected and counted for election purposes. The official roster must be appropriately marked during the time in which ballots have been distributed to any voting delegate. The Commission may not adopt any rules or regulations that would mandate any form of voting other than by secret ballot. SECTION 108: A candidate not present at the time of nominations may not seek elective office for a position within the Executive Branch unless in extreme circumstances, the Board of Directors by a 4/5 vote deems the absence excused. Section 3. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 248 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oklahoma Intercollegiate Legislature 2nd Session of the 45th Legislature (2013) Senate Concurrent Resolution No. ALU-001 By: Baser (OSU) Albanese (ORU) AS INTRODUCED A Concurrent Resolution honoring Ed Goeas for his service to Oklahoma Intercollegiate Legislature, the State of Oklahoma and public policy leaders across the nation and around the world. WHEREAS, Mr. Goeas is a distinguished alumnus of the Oklahoma Intercollegiate Legislature, who attended OIL from 1970 to 1974 while attending Cameron University in Lawton and was OIL’s first two-term Governor; WHEREAS, Mr. Goeas aimed high to make OIL the organization it is today by getting 35 of the 37 institutions of higher education in Oklahoma at the time to send delegations to participate; WHEREAS, Mr. Goeas, as Governor of OIL, only signed serious legislation that could actually be introduced in Oklahoma’s state legislature in order to be an effective and credible voice for students, which earned his OIL administration a headline in the statewide newspaper, The Oklahoman, entitled “Student Leaders’ Conservative”; WHEREAS, Mr. Goeas began his career in public service seeking out and supporting fellow student leaders even at a young age; WHEREAS, Today, as President and CEO of the Tarrance Group, one of the most respected and successful Republican survey research and strategy firms in American politics, Mr. Goeas has continued to devote his life to cultivating and advising leaders with a mission in service to the people of Oklahoma, our nation and democratic nations across the globe; WHEREAS, Mr. Goeas has advised elected officials in public policy development and political strategy from state office in Oklahoma, including current Oklahoma Governor Mary Fallin, to the halls of Congress and U.S. Presidential candidates; WHEREAS, Even decades later, Mr. Goeas keeps the spirit of OIL alive through partnership with peers and leaders of other political parties, including working with leading Democratic pollster, Celinda Lake, in the nationally-known “Battleground Poll”; and WHEREAS, Mr. Goeas has received numerous honors for his winning political work, superior strategic advice, and widely-recognized professional excellence. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 249 1 2 3 4 5 6 7 8 9 10 11 2ND SESSION OF THE 45TH OKLAHOMA INTERCOLLEGIATE LEGISLATURE, THE SENATE CONCURRING THEREIN: THAT, the Oklahoma Intercollegiate Legislature and the Oklahoma Intercollegiate Legislature Foundation congratulates Mr. Ed Goeas for his tireless work in sharing the value of public service to Oklahoma state officials, national officials and world-wide leaders. THAT, the Oklahoma Intercollegiate Legislature and the Oklahoma Intercollegiate Legislature Foundation is honored to present Mr. Ed Goeas with the OIL Commitment to Excellence in Public Service Award. Passed the Senate the ___ th day of November, 2013. ___________________________________________ Sean Baser, President Pro Tempore of the OIL Senate Passed the House the ___ th day of November, 2013. ___________________________________________ Rosina Albanese, Speaker of the OIL House of Representatives OFFICE OF THE OIL GOVERNOR Approved by the Governor of the Oklahoma Intercollegiate Legislature this ___ th day of November, 2013. ___________________________________________ Jacob Daniel Governor of the Oklahoma Intercollegiate Legislature 250