ENROLLED
SENATE
BILL
NO. 1802 By: Howard of the Senate
and
Kannady
of the House
An Act relating to multiple versions of statutes; amending,
merging, consolidating and repealing multiple versions of statutes; amending 11
O.S. 2021, Section 50-114, as last amended by Section 1, Chapter 330, O.S.L.
2021; repealing 11 O.S. 2021, Section 50-114, as last amended by Section 3,
Chapter 329, O.S.L. 2021; amending 21 O.S. 2021, Section 142A-3, as last
amended by Section 1, Chapter 344, O.S.L. 2021; repealing 21 O.S. 2021, Section
142A-3, as last amended by Section 8, Chapter 552, O.S.L. 2021; amending 21
O.S. 2021, Section 1111, as last amended by Section 1, Chapter 253, O.S.L.
2021; repealing 21 O.S. 2021, Section 1111, as last amended by Section 3,
Chapter 331, O.S.L. 2021; amending 21 O.S. 2021, Section 1241, as last amended
by Section 1, Chapter 176, O.S.L. 2021; repealing 21 O.S. 2021, Section 1241,
as last amended by Section 2, Chapter 554, O.S.L. 2021; repealing 21 O.S. 2021,
Section 1290.18, as last amended by Section 8, Chapter 146, O.S.L. 2021;
repealing 43A O.S. 2021, Section 1-110, as last amended by Section 1, Chapter
38, O.S.L. 2021; repealing 43A O.S. 2021, Section 5-207, as last amended by
Section 2, Chapter 38, O.S.L. 2021; amending 47 O.S. 2021, Section 955, as last
amended by Section 4, Chapter 334, O.S.L. 2021; repealing 47 O.S. 2021, Section
955, as last amended by Section 1, Chapter 155, O.S.L. 2021; amending 47 O.S.
2021, Section 1132, as last amended by Section 2, Chapter 543, O.S.L. 2021;
repealing 47 O.S. 2021, Section 1132, as last amended by Section 2, Chapter
376, O.S.L. 2021; amending 47 O.S. 2021, Section 1141.1, as last amended by
Section 13, Chapter 157, O.S.L. 2021; repealing 47 O.S. 2021, Section 1141.1,
as last amended by Section 10, Chapter 276, O.S.L. 2021; amending 51 O.S. 2021,
Section 152, as last amended by Section 28, Chapter 12, O.S.L. 2021; repealing
51 O.S. 2021, Section 152, as last amended by Section 1, Chapter 41, O.S.L.
2021; repealing 51 O.S. 2021, Section 152, as last amended by Section 1,
Chapter 241, O.S.L. 2021; amending 51 O.S. 2021, Section 155, as last amended
by Section 3, Chapter 241, O.S.L. 2021; repealing 51 O.S. 2021, Section 155, as
last amended by Section 29, Chapter 12, O.S.L. 2021; amending 61 O.S. 2021,
Section 103, as last amended by Section 2, Chapter 340, O.S.L. 2021; repealing
61 O.S. 2021, Section 103, as last amended by Section 1, Chapter 244, O.S.L.
2021; amending 62 O.S. 2021, Section 34.32, as last amended by Section 1,
Chapter 16, O.S.L. 2021; repealing 62 O.S. 2021, Section 34.32, as last amended
by Section 1, Chapter 160, O.S.L. 2021; amending 63 O.S. 2021, Section 426, as
amended by Section 2, Chapter 563, O.S.L. 2021; repealing 63 O.S. 2021, Section
426, as amended by Section 13, Chapter 584, O.S.L. 2021; repealing 63 O.S.
2021, Section 426, as amended by Section 6, Chapter 553, O.S.L. 2021; amending
63 O.S. 2021, Section 427.3, as last amended by Section 9, Chapter 553, O.S.L.
2021; repealing 63 O.S. 2021, Section 427.3,
as last amended by Section 5, Chapter 584, O.S.L. 2021; amending 63 O.S.
2021, Section 427.4, as amended by Section 10, Chapter 553, O.S.L. 2021; repealing
63 O.S. 2021, Section 427.4, as amended by Section 6, Chapter 584, O.S.L. 2021;
amending 63 O.S. 2021, Section 427.16, as amended by Section 18, Chapter 553,
O.S.L. 2021; repealing 63 O.S. 2021, Section 427.16, as amended by Section 10,
Chapter 584, O.S.L. 2021; amending 63 O.S. 2021, Section 1-317, as last amended
by Section 1, Chapter 247, O.S.L. 2021; repealing 63 O.S. 2021, Section 1-317,
as last amended by Section 1, Chapter 104, O.S.L. 2021; amending 63 O.S. 2021,
Section 1-1962, as last amended by Section 1, Chapter 125, O.S.L. 2021;
repealing 63 O.S. 2021, Section 1-1962, as last amended by Section 3, Chapter
284, O.S.L. 2021; amending 64 O.S. 2021, Section 1013, as last amended by
Section 1, Chapter 132, O.S.L. 2021; repealing 64 O.S. 2021, Section 1013, as
last amended by Section 2, Chapter 227, O.S.L. 2021; repealing 64 O.S. 2021,
Section 1013, as last amended by Section 1, Chapter 228, O.S.L. 2021; amending 68
O.S. 2021, Section 1356, as last amended by Section 1, Chapter 539, O.S.L.
2021; repealing 68 O.S. 2021, Section 1356, as last amended by Section 1,
Chapter 580, O.S.L. 2021; amending 68 O.S. 2021, Section 2355, as last amended
by Section 1, Chapter 493, O.S.L. 2021; repealing 68 O.S. 2021, Section 2355,
as last amended by Section 1, Chapter 492, O.S.L. 2021; amending 68 O.S. 2021,
Section 3624, as last amended by Section 13, Chapter 15, O.S.L. 2021; repealing
68 O.S. 2021, Section 3624, as last amended by Section 3, Chapter 312, O.S.L.
2021; amending 70 O.S. 2021, Section 6-187, as last amended by Section 1,
Chapter 118, O.S.L. 2021; repealing 70 O.S. 2021, Section 6-187, as last
amended by Section 1, Chapter 319, O.S.L. 2021; amending 70 O.S. 2021, Section
11-103.6, as last amended by Section 1, Chapter 322, O.S.L. 2021; repealing 70
O.S. 2021, Section 11-103.6, as last amended by Section 4, Chapter 345, O.S.L.
2021; amending 74 O.S. 2021, Section 85.3A, as last amended by Section 1,
Chapter 58, O.S.L. 2021; repealing 74 O.S. 2021, Section 85.3A, as last amended
by Section 13, Chapter 101, O.S.L. 2021; amending 75 O.S. 2021, Section 251, as
last amended by Section 31, Chapter 12, O.S.L. 2021; repealing 75 O.S. 2021,
Section 251, as last amended by Section 6, Chapter 11, O.S.L. 2021; updating
statutory cites; and declaring an emergency.
SUBJECT: Duplicate sections
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 11 O.S. 2021,
Section 50-114, as last amended by Section 1, Chapter 330, O.S.L. 2021, is
amended to read as follows:
Section 50-114. A.
The State Board is hereby authorized to pay out of funds in the System a
monthly service pension to any member eligible as hereinafter provided, not
exceeding in any event the amount of money in such funds and not exceeding in
any event the accrued retirement benefit for such member, except as provided
for herein. In order for a member to be
eligible for such service pension the following requirements must be complied
with:
1.
The member’s service with the police department for any participating
municipality must have ceased; however, a member may be subsequently reemployed
in the position of police chief pursuant to subsection C of Section 50-112 of
this title;
2.
The member must have reached the member’s normal retirement date; and
3.
The member must have complied with any agreement as to contributions by
the member and other members to any funds of the System where said agreement
has been made as provided by this article; provided, that should a retired
member receive disability benefits as provided in this and other sections of
this article, the time the retired member is receiving said disability benefits
shall count as time on active service if the retired member should be recalled
by the Chief of Police from said disability retirement. It shall be necessary before said time shall
be counted toward retirement that the retired member make the same contribution
as the member would have otherwise made if on active service for the time the
retired member was disabled.
B.
Any member complying with all requirements of this article, who reaches
normal retirement date, upon application, shall be retired at the accrued
retirement benefit. When a member has
served for the necessary number of years and is otherwise eligible, as provided
in this article, if such member is discharged without cause by the participating
municipality, the member shall be eligible for a pension.
C.
Effective July 1, 1989, in no event shall commencement of distribution
of the accrued retirement benefit of a member be delayed beyond April 1 of the
calendar year following the later of:
1.
The calendar year in which the member reaches seventy and one-half (70
1/2) years of age for a member who attains age seventy and one-half (70 1/2)
before January 1, 2020, or effective for distributions required to be made
after December 31, 2019, the calendar year in which the member reaches
seventy-two (72) years of age for an individual who attains age seventy and
one-half (70 1/2) after December 31, 2019; or
2.
The actual retirement date of the member.
For distributions made for calendar
years beginning on or after January 1, 2001, through December 31, 2004, the
System shall apply the minimum distribution requirements and incidental benefit
requirements of Section 401(a)(9) of the Internal Revenue Code of 1986, as
amended, in accordance with the regulations under Section 401(a)(9) of the
Internal Revenue Code of 1986, as amended, which were proposed on January 17,
2001, notwithstanding any provision of the System to the contrary. For distributions made for calendar years
beginning on or after January 1, 2005, the System shall apply the minimum
distribution incidental benefit requirements, incidental benefit requirements,
and minimum distribution requirements of Section 401(a)(9) of the Internal
Revenue Code of 1986, as amended, in accordance with the final regulations
under Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,
including Treasury Regulations Sections 1.401(a)(9)-1 through 1.401(a)(9)-9;
provided, however, that for distributions required to be made after December
31, 2019, for individuals who attain seventy and one-half (70 1/2) years of age
after December 31, 2019, such distributions shall take into account that age 70
1/2 was stricken and age 72 was inserted in Section 401(a)(9)(B)(iv)(I),
Section 401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the Internal
Revenue Code of 1986, as amended, notwithstanding any provision of the System
to the contrary. Effective January 1,
2009, with respect to the Oklahoma Police Deferred Option Plan, to the extent
applicable, no minimum distribution is required for 2009 in accordance with
Section 401(a)(9)(H) of the Internal Revenue Code of 1986, as amended.
Effective September 8, 2009,
notwithstanding anything to the contrary of the System, the System, which is a
governmental plan (within the meaning of Section 414(d) of the Internal Revenue
Code of 1986, as amended) is treated as having complied with Section 401(a)(9)
of the Internal Revenue Code of 1986, as amended, for all years to which
Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, applies to
the System if the System complies with a reasonable and good-faith
interpretation of Section 401(a)(9) of the Internal Revenue Code of 1986, as
amended.
D.
In the event of the death of any member who has been awarded a
retirement benefit or is eligible therefor as provided in this section, such
member’s beneficiaries shall be paid such retirement benefit. The remaining portion of the member’s
retirement benefit shall be distributed to the beneficiaries at least as
rapidly as under the method of distribution to the member. Effective March 1, 1997, if a member to whom
a retirement benefit has been awarded or who is eligible therefor dies prior to
the date as of which the total amount of retirement benefit paid equals the
total amount of the employee contributions paid by or on behalf of the member
and the member does not have a surviving beneficiary under paragraph 13 of
Section 50-101 of this title, the total benefits paid as of the date of the
member’s death shall be subtracted from the accumulated employee contribution
amount and the balance, if greater than zero (0), shall be paid to the member’s
estate.
E.
The State Board may review and affirm a member’s request for retirement
benefits prior to the member’s normal retirement date provided that no
retirement benefits are paid prior to the normal retirement date.
F.
A member retired under the provisions of this article may apply to the
State Board to have the member’s retirement benefits set aside and may make
application for disability benefits.
Upon approval of the disability benefits, the member would become
subject to all provisions of this article pertaining to disability retirement.
G.
Upon the death of a retired member or a beneficiary, the benefit
payment for the month in which the retired member or beneficiary
died, if not previously paid, shall be made to the beneficiary of the member,
which shall include a successor in interest for whom an affidavit is provided
to the System in accordance with Section 393 of Title 58 of the Oklahoma
Statutes, or to the member’s or beneficiary’s estate if there is no surviving
beneficiary under paragraph 13 of Section 50-101 of this title, to the
member’s estate or, if properly designated by the member, a trust. Upon the death of a beneficiary, the benefit
payment for the month in which the beneficiary died, if not previously paid,
shall be made to the beneficiary’s estate or, if properly designated by the
beneficiary, to a trust. Such
benefit payment shall be made in an amount equal to a full monthly benefit
payment regardless of the day of the month in which the retired member or
beneficiary died.
H.
If the requirements of Section 50-114.4 of this title are satisfied, a
member who, by reason of attainment of normal retirement date or age, is
separated from service as a public safety officer with the member’s
participating municipality, may elect to have payment made directly to the
provider for qualified health insurance premiums by deduction from his or her
monthly pension payment, after
SECTION 2.
REPEALER 11 O.S. 2021, Section
50-114, as last amended by Section 3, Chapter 329, O.S.L. 2021, is hereby
repealed.
SECTION 3.
AMENDATORY 21 O.S. 2021,
Section 142A-3, as last amended by Section 1, Chapter 344, O.S.L. 2021, is
amended to read as follows:
Section 142A-3. A.
Upon the preliminary investigation of a violent crime, it shall be the
duty of the peace officer who interviews the victim of such crime to
inform the victim, or a responsible adult if the victim is a minor child or an
incompetent person, or the family member who receives death notification in the
case of a homicide, in writing, of their rights as a crime victim. Written notification shall consist of handing
the victim, responsible adult, if the victim is a minor child or an incompetent
person, or family member receiving death notification, a preprinted card or
brochure that, at a minimum, includes the following information:
1. A statement that
reads, “As a victim of crime, you have certain rights”;
2. Telephone and address
information for the local District Attorney Victim-Witness Coordinator; and
3. The website address
where victims can access a full list of their rights, additional information,
and how to apply for crime victim compensation assistance.
B. A victim of domestic
abuse has the right to be informed by the first peace officer who interviews
the victim of domestic abuse of the twenty-four-hour statewide telephone
communication service established by Section 18p-5 of Title 74 of the Oklahoma
Statutes and to give notice to the victim of certain rights. The notice shall consist of handing such victim
the following statement:
“As a victim of domestic abuse, you
have certain rights. These rights are as
follows:
1.
The right to request that charges be pressed against your assailant;
2.
The right to request protection from any harm or threat of harm arising
out of your cooperation with law enforcement and prosecution efforts as far as
facilities are available and to be provided with information on the level of
protection available;
3.
The right to be informed of financial assistance and other social
services available as a result of being a victim including information on how
to apply for the assistance and services; and
4.
The right to file a petition for a protective order or, when the
domestic abuse occurs when the court is not open for business, to request an
emergency temporary protective order.”
C.
The victim of rape or forcible sodomy sexual assault, as
defined in Section 142.20 of this title, has the right to be informed by
the peace officer who interviews the victim of the rape or
forcible sodomy sexual assault, or a responsible adult if the victim
is a minor child or an incompetent person, of the twenty-four-hour statewide
telephone communication service established by the Office of the Attorney
General for victims of sexual assault pursuant to Section 18p-5 of Title 74 of
the Oklahoma Statutes and to give notice to the victim or such responsible
adult of certain rights of the victim.
The notice shall consist of handing such victim or responsible adult a
written statement in substantially the following form:
“As a victim of the crime of rape
or forcible sodomy sexual assault, you have certain rights. These rights are as follows:
1.
The right to request that charges be pressed against your assailant;
2.
The right to request protection from any harm or threat of harm arising
out of your cooperation with law enforcement and prosecution efforts as far as
facilities are available and to be provided with information on the level of
protection available;
3.
The right to be informed of financial assistance and other social
services available to victims including information on how to apply for the
assistance and services;
4.
The right to a free forensic medical examination; and
5.
The right to be informed by the district attorney of other victim’s
rights available pursuant to Section 142A-2 of Title 21 of the Oklahoma
Statutes this title;
6.
The right to speak with a sexual assault victims’ advocate;
7.
The right to request and receive the status and results of the analysis
of the sexual assault forensic evidence; and
8.
The right to request a copy of the police report.”
D.
Upon the preliminary investigation of a domestic violence crime
involving intimate partner violence, the first peace officer who interviews the
victim of domestic abuse shall assess the potential for danger by asking a
series of questions provided on a lethality assessment form available on the
Oklahoma Attorney General website. The
lethality assessment form shall include the following questions:
1.
Has the person ever used a weapon against the victim or threatened the
victim with a weapon?
2.
Has the person threatened to kill the victim or children of the victim?
3.
Does the victim think the person will try to kill the victim?
4.
Has the person ever tried to choke the victim?
5.
Is the person violently or constantly jealous or does the person control
most of the daily activities of the victim?
6.
Has the victim left or separated from the person after living together
or being married?
7.
Is the person unemployed?
8.
Has the person ever tried to kill himself or herself?
9.
Does the victim have a child that the person knows is not his or her own
child?
10.
Does the person follow or spy on the victim or leave the victim
threatening messages?
11.
Is there anything else that worries the victim about his or her safety
and if so, what worries the victim?
E. If the results of the
lethality assessment indicate a referral is suggested, the assessing officer
shall implement the protocol referral process to a domestic violence advocate
from a certified or tribal program as follows:
1. Advise the victim of
the results of the assessment;
2. Advise the victim that
based on the results of the assessment the officer will call the domestic
violence hotline to allow the victim to speak with an advocate;
3. If the victim does not
want to speak with an advocate, the officer shall document the refusal on the
form.
F. Regardless of the
results of the lethality assessment, referral information for shelters,
domestic violence programs and other social services shall be provided to the
victim.
SECTION 4.
REPEALER 21 O.S. 2021, Section
142A-3, as last amended by Section 8, Chapter 552, O.S.L. 2021, is hereby
repealed.
SECTION 5.
AMENDATORY 21 O.S. 2021,
Section 1111, as last amended by Section 1, Chapter 253, O.S.L. 2021, is
amended to read as follows:
Section 1111. Rape is an act of sexual intercourse
involving vaginal or anal penetration accomplished with a male or female within
or without the bonds of matrimony 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) years of age;
2.
Where the victim is incapable through mental illness or any other
unsoundness of mind, whether temporary or permanent, of giving legal consent;
3.
Where force or violence is used or threatened, accompanied by apparent
power of execution to the victim or to another person;
4.
Where the victim is intoxicated by a narcotic or anesthetic agent,
administered by or with the privity of the accused as a means of forcing the
victim to submit;
5.
Where the victim is at the time unconscious of the nature of the act and
this fact is known to the accused;
6.
Where the victim submits to sexual intercourse under the belief that the
person committing the act is a spouse, and this belief is induced by artifice,
pretense, or concealment practiced by the accused or by the accused in
collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused
and the spouse to accomplish such act, both the spouse and the accused, upon
conviction, shall be deemed guilty of rape;
7.
Where the victim is under the legal custody or supervision of a state
agency, a federal agency, a county, a municipality or a political subdivision
and engages in sexual intercourse with a state, federal, county, municipal or
political subdivision employee or an employee of a contractor of the state, the
federal government, a county, a municipality or a political subdivision that
exercises authority over the victim, or the subcontractor or employee of a
subcontractor of the contractor of the state or federal government, a county, a
municipality or a political subdivision that exercises authority over the
victim;
8.
Where the victim is at least sixteen (16) years of age and is less than
twenty (20) years of age and is a student, or under the legal custody or
supervision of any public or private elementary or secondary school, junior
high or high school, or public vocational school, and engages in sexual
intercourse with a person who is eighteen (18) years of age or older and is an
employee of the same school system; or
9.
Where the victim is nineteen (19) years of age or younger and is in the
legal custody of a state agency, federal agency or tribal court and engages in
sexual intercourse with a foster parent or foster parent applicant; or
10.
Where the victim is at least sixteen (16) years of age but less than
eighteen (18) years of age and the perpetrator of the crime is a person
responsible for the child’s health, safety or welfare. “Person responsible for the child’s health,
safety or welfare” shall include, but not be limited to:
a. a
parent,
b. a
legal guardian,
c. custodian,
d. a
foster parent,
e. a
person eighteen (18) years of age or older with whom the child’s parent
cohabitates,
f. any
other adult residing in the home of the child,
g. an
agent or employee of a public or private residential home, institution,
facility or day treatment program as defined in Section 175.20 of Title 10 of
the Oklahoma Statutes, or
h. an
owner, operator or employee of a child care facility, as defined by Section 402
of Title 10 of the Oklahoma Statutes.
SECTION 6.
REPEALER 21 O.S. 2021, Section
1111, as last amended by Section 3, Chapter 331, O.S.L. 2021, is hereby
repealed.
SECTION 7.
AMENDATORY 21 O.S. 2021,
Section 1241, as last amended by Section 1, Chapter 176, O.S.L. 2021, is
amended to read as follows:
Section 1241. A.
Any person who shall furnish to any person under the age of twenty-one
(21) by gift, sale or otherwise any cigarettes, cigarette papers, cigars,
bidis, snuff, chewing tobacco, or any other form of tobacco product, nicotine
product or vapor products product shall be guilty of a
misdemeanor and, upon conviction, shall be punished by a fine in the amount of
not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars
($200.00) and by imprisonment in the county jail for a term of not less than
ten (10) days nor more than ninety (90) days for each offense. For the purposes of this section, the term “vapor
product” shall have the same meaning as provided in the Prevention of Youth
Access to Tobacco Act.
B. The provisions of
subsection A of this section shall not apply to persons performing activities
as part of a scientific study being conducted by a research institution for the
purpose of medical research to further efforts in cigarette and tobacco use prevention
and cessation and tobacco product regulation, provided that such medical
research has been approved by a properly accredited institutional review board
pursuant to applicable federal regulations.
SECTION 8.
REPEALER 21 O.S. 2021, Section
1241, as last amended by Section 2, Chapter 554, O.S.L. 2021, is hereby
repealed.
SECTION 9.
REPEALER 21 O.S. 2021, Section
1290.18, as last amended by Section 8, Chapter 146, O.S.L. 2021, is hereby
repealed.
SECTION 10.
REPEALER 43A O.S. 2021,
Section 1-110, as last amended by Section 1, Chapter 38, O.S.L. 2021, is hereby
repealed.
SECTION 11.
REPEALER 43A O.S. 2021,
Section 5-207, as last amended by Section 2, Chapter 38, O.S.L. 2021, is hereby
repealed.
SECTION 12.
AMENDATORY 47 O.S. 2021,
Section 955, as last amended by Section 4, Chapter 334, O.S.L. 2021, is amended
to read as follows:
Section 955. A.
Any officer of the Department of Public Safety or any other political
subdivision of this state is hereby authorized to cause to be towed any vehicle
found upon public roads, highways, streets, turnpikes, private parking lots
accessible to the public, other public places or upon any private road, street,
alley or lane which provides access to one or more single-family or multifamily
dwellings when:
1.
A report has been made that the vehicle has been stolen or taken without
the consent of its owner;
2.
The officer has reason to believe the vehicle has been abandoned as
defined in Sections 901 and 902 of this title;
3.
The person driving or in control of the vehicle is arrested for an
alleged offense for which the officer is required by law to take the person
arrested or summoned before a proper magistrate without unnecessary delay;
4.
At the scene of an accident, if the owner or driver is not in a position
to take charge of the vehicle and direct or request its proper removal;
5.
The officer has probable cause that the person operating the vehicle has
not been granted driving privileges or that the driving privileges of the
person are currently suspended, revoked, canceled, denied, or disqualified;
6.
The officer has probable cause that the vehicle has been used in the
commission of a felony offense and the officer has obtained a search warrant
authorizing the search and seizure of the vehicle;
7.
The officer has probable cause that the vehicle is not insured as required
by the Compulsory Insurance Law of this state; or
8.
The vehicle is involved in a fatal motor vehicle collision and is needed
for evidentiary purposes; or
9.
A vehicle is left unattended upon any street, sidewalk, alley or
thoroughfare and constitutes a hazard or obstruction to the normal movement of
public transit along a rail fixed guideway.
An unattended vehicle shall be deemed to constitute an obstruction if
any portion of the vehicle remains in that lane utilized for the rail fixed
guideway as designated by traffic lane markings or if any portion of the
vehicle is outside of the designated parking location and protrudes into the
lane of traffic utilized for the rail fixed guideway. For purposes of this paragraph, the head of a
political subdivision’s transportation division may authorize employees to
cause to be towed any vehicle which constitutes a hazard or obstruction to the
normal movement of public transit along a rail fixed guideway.
No vehicle shall be released after impoundment unless the owner
provides to the storing facility proof of valid insurance or an affidavit of
nonuse on the roadway, or in the event of a release request from an insurer or
the representative of the insurer who has accepted liability for the vehicle,
no such proof of insurance or affidavit of nonuse on the roadway shall be required.
B. A licensed wrecker
operator is not liable for damage to a vehicle, vessel, or cargo that obstructs
the normal movement of traffic or creates a hazard to traffic and is removed in
compliance with the request of a law enforcement officer, unless there is
failure to exercise reasonable care in the performance of the act or for
conduct that is willful or malicious.
C.
Each officer of the Department shall use the services of the licensed
wrecker operator whose location is nearest to the vehicle to be towed in all
instances in subsection A of this section.
The requests for services may be alternated or rotated among all
licensed wrecker operators who are located within a reasonable radius of each
other. In like manner, the officer shall
advise any person requesting information as to the availability of a wrecker or
towing service, the name of the nearest licensed wrecker operator, giving equal
consideration to all licensed wrecker operators located within a reasonable
radius of each other. In cities of less
than fifty thousand (50,000) population, all licensed wrecker operators located
near or in the city limits of such cities shall be considered as being equal
distance and shall be called on an equal basis as nearly as possible. In counties bordering other states, if the
officer deems safety and time considerations warrant, the officer may call a
wrecker or towing service that is not on the rotation log.
D.
Any officer of the Department who has been requested by a person in need
of wrecker or towing service to call a specific wrecker or towing service for
such person, and who calls a different wrecker or towing service other than the
one requested, without the consent of the person, except where hazardous
conditions exist, shall be subject to progressive discipline issued by the
Department except in instances where a vehicle is removed from the roadway
under the authority of paragraphs 3, 4 and 6 of subsection A of this section.
E.
Operators conducting a tow under this section shall release all personal
property within the vehicle to an insurer or representative of the insurer who
has accepted liability for the vehicle, or to the registered owner or the owner’s
personal representative as designated by the registered owner on a form
approved by the Department. The
registered owner or representative of the registered owner shall provide proof
of identity in accordance with the Department’s rules related to establishing
identity. Upon the release of personal
property to an insurer or representative of the insurer, wrecker operators
shall be exempt from all liability and shall be held harmless for any losses or
claims of loss. Personal property shall
include everything in a vehicle except the vehicle, the attached or installed
equipment, vehicle keys or devices to start and unlock the vehicle, and the
spare tire and tools to change the tire.
Interlock devices may be removed pursuant to Section 11-902a of this
title. If release of personal property
occurs during normal business hours as prescribed by the Corporation
Commission, it shall be at no cost to the registered owner or the owner prior
to the repossession. After-hour fees may
be assessed as prescribed by this Chapter or by the Corporation Commission,
when the release of property is made after the prescribed normal business
hours.
F.
The operator of a wrecker or towing service may request a person
offering proof of ownership of personal property and any interlock device to
execute a form provided by the operator exempting the operator from liability
for such release.
SECTION 13.
REPEALER 47 O.S. 2021, Section
955, as last amended by Section 1, Chapter 155, O.S.L. 2021 is hereby repealed.
SECTION 14.
AMENDATORY 47 O.S. 2021,
Section 1132, as last amended by Section 2, Chapter 543, O.S.L. 2021 is amended
to read as follows:
A. For all vehicles,
unless otherwise specifically provided by the Oklahoma Vehicle License and
Registration Act, a registration fee shall be assessed at the time of initial
registration by the owner and annually thereafter, for the use of the avenues
of public access within this state in the following amounts:
1.
For the first through the fourth year of registration in this state or
any other state, Eighty-five Dollars ($85.00);
2.
For the fifth through the eighth year of registration in this state or
any other state, Seventy-five Dollars ($75.00);
3.
For the ninth through the twelfth year of registration in this state or
any other state, Fifty-five Dollars ($55.00);
4.
For the thirteenth through the sixteenth year of registration in this
state or any other state, Thirty-five Dollars ($35.00); and
5.
For the seventeenth and any following year of registration in this state
or any other state, Fifteen Dollars ($15.00).
The registration fee provided for in
this subsection shall be in lieu of all other taxes, general or local, unless
otherwise specifically provided.
On and after January 1, 2022, if a
physically disabled license plate is issued pursuant to paragraph 3 of
subsection B of Section 1135.1 of this title, any registration fee required for
such license plate and the fee required pursuant to this subsection shall be
remitted at the same time and subject to a single registration period. Upon receipt of a physically disabled license
plate, the standard issue license plate must be surrendered to the Oklahoma Tax
Commission or motor license agent. The
physically disabled license plate must be properly displayed as required for a
standard issue license plate and will be the sole license plate issued and
assigned to the vehicle. The Oklahoma
Tax Commission shall determine, by rule, a method for making required fee
adjustments when a physically disabled license plate is obtained during a
twelve-month period for which a registration fee has already been remitted
pursuant to this subsection. The
combination of fees in a single remittance shall not alter the apportionment
otherwise provided for by law.
B.
For all-terrain vehicles and motorcycles used exclusively for use off
roads or highways purchased on or after July 1, 2005, and for all-terrain
vehicles and motorcycles used exclusively for use off roads or highways
purchased prior to July 1, 2005, which the owner chooses to register pursuant
to the provisions of Section 1115.3 of this title, an initial and nonrecurring
registration fee of Eleven Dollars ($11.00) shall be assessed at the time of initial
registration by the owner. Nine Dollars
($9.00) of the registration fee shall be deposited in the Oklahoma Tax
Commission Reimbursement Fund. Two
Dollars ($2.00) of the registration fee shall be retained by the motor license
agent. The fees required by subsection A
of this section shall not be required for all-terrain vehicles or motorcycles
used exclusively off roads and highways.
C.
For utility vehicles used exclusively for use off roads or highways
purchased on or after July 1, 2008, and for utility vehicles used exclusively
for use off roads or highways purchased prior to July 1, 2008, which the owner
chooses to register pursuant to the provisions of Section 1115.3 of this title,
an initial and nonrecurring registration fee of Eleven Dollars ($11.00) shall
be assessed at the time of initial registration by the owner. Nine Dollars ($9.00) of the registration fee
shall be deposited in the Oklahoma Tax Commission Reimbursement Fund. Two Dollars ($2.00) of the registration fee
shall be retained by the motor license agent.
The fees required by subsection A of this section shall not be required
for utility vehicles used exclusively off roads and highways.
D.
There shall be a credit allowed with respect to the fee for registration
of a new vehicle which is a replacement for:
1.
A new original vehicle which is stolen from the purchaser/registrant
within ninety (90) days of the date of purchase of the original vehicle as
certified by a police report or other documentation as required by the Oklahoma
Tax Commission; or
2.
A defective new original vehicle returned by the purchaser/registrant to
the seller within six (6) months of the date of purchase of the defective new original
vehicle as certified by the manufacturer.
The credit shall be in the amount of
the fee for registration which was paid for the new original vehicle and shall
be applied to the registration fee for the replacement vehicle. In no event will the credit be refunded.
E.
Upon every transfer or change of ownership of a vehicle, the new owner
shall obtain title for and, except in the case of salvage vehicles and
manufactured homes, register the vehicle within thirty (30) days of change of
ownership and pay a transfer fee of Fifteen Dollars ($15.00) in addition to any
other fees provided for in the Oklahoma Vehicle License and Registration
Act. No new decal shall be issued to the
registrant. Thereafter, the owner shall
register the vehicle annually on the anniversary date of its initial
registration in this state and shall pay the fees provided in subsection A of
this section and receive a decal evidencing such payment. Provided, used motor vehicle dealers shall be
exempt from the provisions of this section.
F.
In the event a new or used vehicle is not registered, titled and tagged
within thirty (30) days from the date of transfer of ownership, the penalty for
the failure of the owner of the vehicle to register the vehicle within thirty
(30) days shall be One Dollar ($1.00) per day, provided that in no event shall
the penalty exceed One Hundred Dollars ($100.00). No penalty shall be waived by the Oklahoma
Tax Commission or any motor license agent except as provided in subsection C of
Section 1127 of this title, or when it can be shown the vehicle was stolen
as certified by a police report or other documentation as required by the
Oklahoma Tax Commission. Of each
dollar penalty collected pursuant to this subsection:
1.
Twenty-one cents ($0.21) shall be apportioned as provided in Section
1104 of this title;
2.
Twenty-one cents ($0.21) shall be retained by the motor license agent;
and
3. Fifty-eight cents
($0.58) shall be deposited in the General Revenue Fund.
SECTION 15.
REPEALER 47 O.S. 2021, Section
1132, as last amended by Section 2, Chapter 376, O.S.L. 2021, is hereby
repealed.
SECTION 16.
AMENDATORY 47 O.S. 2021,
Section 1141.1, as last amended by Section 13, Chapter 157, O.S.L. 2021, is
amended to read as follows:
Section 1141.1. A.
Each motor license agent shall be entitled to retain the following
amounts from the taxes and fees collected by such agent to be used to fund the
operation of the office of such motor license agent subject to the provisions
of Sections 1140 through 1147 of this title:
1.
Beginning Beginning and
thereafter through December 31, 2021, Three Dollars and fifty-six
cents ($3.56) for each vehicle registered and for each special license plate
issued pursuant to the Oklahoma Vehicle License and Registration Act;
2.
Beginning on or after January 1, 2022, and for all subsequent years,
if a special or personalized license plate is issued pursuant to Sections
1135.1 through 1135.7 of this title and remittance is combined with the
registration required pursuant to Section 1132 of this title, Seven Dollars and
twelve cents ($7.12);
3. One Dollar and
twenty-five cents ($1.25) for each certificate of title issued for boats and
motors pursuant to the Oklahoma Statutes;
3. 4. For each
certificate of registration issued for boats and motors pursuant to the
Oklahoma Statutes, an amount determined pursuant to the provisions of
subsection B of this section;
4. 5. Two Dollars
and twenty-five cents ($2.25) for each certificate of title issued pursuant to
the Oklahoma Vehicle License and Registration Act. Provided, the fee retention amount for
certificates of title issued pursuant to the provisions of subsection H of
Section 1105 of this title, in which an insurer pays the optional
twenty-two-dollar-fee amount, is Four Dollars and fifty cents ($4.50);
5. 6. Beginning
October 1, 2000, three percent (3%) of the vehicle excise tax collected
pursuant to Section 2103 of Title 68 of the Oklahoma Statutes. Beginning July 1, 2001, each motor license
agent shall be entitled to retain three and one hundred twenty-five
one-thousandths percent (3.125%) of the vehicle excise tax collected pursuant
to Section 2103 of Title 68 of the Oklahoma Statutes. Beginning July 1, 2002, and for all
subsequent years, each motor license agent shall be entitled to retain three
and twenty-five one-hundredths percent (3.25%) of the vehicle excise tax
collected pursuant to Section 2103 of Title 68 of the Oklahoma Statutes.
However, beginning July 1, 2003, the Legislature shall annually review the
percentage to be retained by the motor license agents pursuant to this
paragraph to determine whether such percentage should be adjusted;
6. 7. Four percent
(4%) of the excise tax collected on the transfer of boats and motors pursuant
to the Oklahoma Statutes;
7. 8. Two Dollars
($2.00) for each driver license, endorsement, identification license, or
renewal or duplicate issued pursuant to Section 6-101 et seq. of this title;
8. 9. Two Dollars
($2.00) for the recording of security interests as provided in Section 1110 of
this title;
9. 10. Two Dollars
($2.00) for each inspection conducted pursuant to subsection L of Section 1105
of this title;
10. 11. Three Dollars ($3.00)
for each inspection conducted pursuant to subsection M of Section 1105 of this
title;
11. 12. One Dollar ($1.00) for each certificate of
ownership filed pursuant to subsection R of Section 1105 of this title;
12. 13. One Dollar ($1.00) for each temporary permit
issued pursuant to Section 1124 of this title;
13. 14. One Dollar and fifty cents ($1.50) for
processing each proof of financial responsibility, driver license information,
insurance verification information, and other additional information as
provided in Section 7-602 of this title;
14. 15. The mailing fees and registration fees provided
in Sections 1131 and 1140 of this title;
15. 16. The notary fee provided in Section 1143 of
this title;
16. 17. Three Dollars ($3.00) for each lien entry
form completed and recorded on a certificate of title pursuant to subsection G
of Section 1105 of this title;
17. 18. Seven Dollars ($7.00) for each notice of
transfer as provided by subsection B of Section 1107.4 of this title;
18. 19. Seven Dollars ($7.00) for each certificate of
title or each certificate of registration issued for repossessed vehicles
pursuant to Section 1126 of this title;
19. 20. Any amount specifically authorized by law to
be retained by the motor license agent for the furnishing of a summary of a
traffic record;
20. 21. Beginning July 1, 2009, each motor license
agent shall also be entitled to a portion of the penalties for delinquent
registration or payment of excise tax as provided for in subsection C of
Section 1115, subsection F of Section 1132 and subsection C of Section 1151 of
this title and of subsection A of Section 2103 of Title 68 of the Oklahoma
Statutes;
21. 22. Beginning with the effective date of this
act, each motor license agent shall be entitled to retain Three Dollars and
fifty-six cents ($3.56) for each electric vehicle registered pursuant to the
provisions of this act and such amount shall be in addition to any other amount
otherwise authorized by this section to be retained with respect to a vehicle;
and
22. 23. Beginning with the effective date of this
act, each motor license agent shall be entitled to retain three and twenty-five
one-hundredths percent (3.25%) of the vehicle excise tax collected pursuant to
Section 2103 of Title 68 of the Oklahoma Statutes for each electric vehicle but
such amount shall not be in addition to any other amount otherwise authorized
by this section to be retained with respect to a vehicle.
The balance of the funds collected
shall be remitted to the Oklahoma Tax Commission as provided in Section 1142 of
this title to be apportioned pursuant to Section 1104 of this title.
B. For each certificate
of registration issued for boats and motors, each motor license agent shall be
entitled to retain the greater of One Dollar and twenty-five cents ($1.25) or
an amount to be determined by the Tax Commission according to the provisions of
this subsection. At the end of fiscal
year 1997 and each fiscal year thereafter, the Tax Commission shall compute the
average amount of registration fees for all boats and motors registered in this
state during the fiscal year and shall multiply the result by six and
twenty-two one-hundredths percent (6.22%).
The resulting product shall be the amount which may be retained by each
motor license agent for each certificate of registration for boats and motors
issued during the following calendar year.
SECTION 17.
REPEALER 47 O.S. 2021, Section
1141.1, as last amended by Section 10, Chapter 276, O.S.L. 2021, is hereby
repealed.
SECTION 18.
AMENDATORY 51 O.S. 2021,
Section 152, as last amended by Section 28, Chapter 12, O.S.L. 2021, is amended
to read as follows:
Section 152. As
1. “Action” means a
proceeding in a court of competent jurisdiction by which one party brings a
suit against another;
2.
“Agency” means any board, commission, committee, department or other
instrumentality or entity designated to act in behalf of the state or a political
subdivision;
3.
“Charitable health care provider” means a person who is licensed,
certified, or otherwise authorized by the laws of this state to administer
health care in the ordinary course of b
4.
“Claim” means any written demand presented by a claimant or the claimant’s
authorized representative in accordance with this act the
Governmental Tort Claims Act to recover money from the state or political
subdivision as compensation for an act or omission of a political subdivision
or the state or an employee;
5.
“Claimant” means the person or the person’s authorized representative
who files notice of a claim in accordance with The Governmental Tort Claims
Act. Only the following persons and no
others may be claimants:
a. any
person holding an interest in real or personal property which suffers a loss,
provided that the claim of the person shall be aggregated with claims of all
other persons holding an interest in the property and the claims of all other
persons which are derivative of the loss, and that multiple claimants shall be
considered a single claimant,
b. the
individual actually involved in the accident or occurrence who suffers a loss,
provided that the individual shall aggregate in the claim the losses of all
other persons which are derivative of the loss, or
c. in
the case of death, an administrator, special administrator or a personal
representative who shall aggregate in the claim all losses of all persons which
are derivative of the death;
6.
“Community health care provider” means:
a. a
health care provider who volunteers services at a community health center that
has been deemed by the U.S. Department of Health and Human Services as a
federally qualified health center as defined by 42 U.S.C., Section
1396d(l)(2)(B),
b. a
health provider who provides services to an organization that has been deemed a
federally qualified look-alike community health center, and
c. a
health care provider who provides services to a community health center that
has made application to the U.S. Department of Health and Human Services for
approval and deeming as a federally qualified look-alike community health
center in compliance with federal application guidance, and has received
comments from the U.S. Department of Health and Human Services as to the status
of such application with the established intent of resubmitting a modified
application, or, if denied, a new application, no later than six (6) months
from the date of the official notification from the U.S. Department of Health
and Human Services requiring resubmission of a new application;
7.
“Employee” means any person who is authorized to act in behalf of a
political subdivision or the state whether that person is acting on a permanent
or temporary basis, with or without being compensated or on a full-time or
part-time basis.
a. Employee
also includes:
(1) all
elected or appointed officers, members of governing bodies and other persons
designated to act for an agency or political subdivision, but the term does not
mean a person or other legal entity while acting in the capacity of an
independent contractor or an employee of an independent contractor,
(2) from
(3) any
volunteer, full-time or part-time firefighter when performing duties for a fire
department provided for in subparagraph j of paragraph 11 of this section.
b. For
the purpose of The Governmental Tort Claims Act, the following are employees of
this state, regardless of the place in this state where duties as employees are
performed:
(1) physicians
acting in an administrative capacity,
(2) resident
physicians and resident interns participating in a graduate medical education
program of the University of Oklahoma Health Sciences Center, the College of
Osteopathic Medicine of Oklahoma State University, or the Department of Mental
Health and Substance Ab
(3) faculty
members and staff of the University of Oklahoma Health Sciences Center and the
College of Osteopathic Medicine of Oklahoma State University, while engaged in
teaching duties,
(4) physicians
who practice medicine or act in an administrative capacity as an employee of an
agency of the State of Oklahoma,
(5) physicians
who provide medical care to inmates pursuant to a contract with the Department
of Corrections,
(6) any
person who is licensed to practice medicine pursuant to Title 59 of the
Oklahoma Statutes, who is under an administrative professional services
contract with the Oklahoma Health Care Authority under the auspices of the
Oklahoma Health Care Authority Chief Medical Officer, and who is limited to
performing administrative duties such as professional guidance for medical
reviews, reimbursement rates, service utilization, health care delivery and
benefit design for the Oklahoma Health Care Authority, only while acting within
the scope of such contract,
(7) licensed
medical professionals under contract with city, county, or state entities who
provide medical care to inmates or detainees in the c
(8) licensed
mental health professionals as defined in Sections 1-103 and 5-502 of Title 43A
of the Oklahoma Statutes, who are conducting initial examinations of
individuals for the purpose of determining whether an individual meets the
criteria for emergency detention as part of a contract with the Department of
Mental Health and Substance Ab
(9) licensed
mental health professionals as defined in Sections 1-103 and 5-502 of Title 43A
of the Oklahoma Statutes, who are providing mental health or substance abuse
treatment services under a professional services contract with the Department
of Mental Health and Substance Abuse Services and are providing such treatment
services at a state-operated facility.
Physician faculty members and staff
of the University of Oklahoma Health Sciences Center and the College of
Osteopathic Medicine of Oklahoma State University not acting in an
administrative capacity or engaged in teaching duties are not employees or
agents of the state.
c. Except
as provided in subparagraph b of this paragraph, in no event shall the state be
held liable for the tortio
d. For
purposes of The Governmental Tort Claims Act, members of the state military
forces on state active duty orders or on Title 32 active duty orders are
employees of this state, regardless of the place, within or outside this state,
where their duties as employees are performed;
8.
“Loss” means death or injury to the body or rights of a person or damage
to real or personal property or rights therein;
9.
“Medically indigent” means a person requiring medically necessary
hospital or other health care services for the person or the dependents of the
person who has no public or private third-party coverage, and whose personal
resources are insufficient to provide for needed health care;
10.
“Municipality” means any incorporated city or town, and all
institutions, agencies or instrumentalities of a municipality;
11.
“Political subdivision” means:
a. a
municipality,
b. a
school district, including, but not limited to, a technology center school
district established pursuant to Section 4410, 4411, 4420 or 4420.1 of Title 70
of the Oklahoma Statutes,
c. a
county,
d. a
public tr
(1) a
municipal hospital created pursuant to Sections 30-101 through 30-109 of Title
11 of the Oklahoma Statutes, a county hospital created pursuant to Sections 781
through 796 of Title 19 of the Oklahoma Statutes, or is created pursuant to a
joint agreement between such governing authorities, that is operated for the
public benefit by a public tr
(2) a
public trust created pursuant to Sections 176 through 180.4 of Title 60 of the
Oklahoma Statutes after January 1, 2009, the primary purpose of which is to
own, manage, or operate a public acute care hospital in this state that serves
as a teaching hospital for a medical residency program provided by a college of
osteopathic medicine and provides care to indigent persons, and
(3) a
corporation in which all of the capital stock is owned, or a limited liability
company in which all of the member interest is owned, by a public trust,
e. for
the purposes of The Governmental Tort Claims Act only, a ho
f. for
the purposes of The Governmental Tort Claims Act only, corporations organized
not for profit pursuant to the provisions of the Oklahoma General Corporation
Act for the primary purpose of developing and providing rural water supply and
sewage disposal facilities to serve rural residents,
g. for
the purposes of The Governmental Tort Claims Act only, districts formed
pursuant to the Rural Water, Sewer, Gas and Solid Waste Management Districts
Act,
h. for
the purposes of The Governmental Tort Claims Act only, master conservancy
districts formed pursuant to the Conservancy Act of Oklahoma,
i. for
the purposes of The Governmental Tort Claims Act only, a fire protection
district created pursuant to the provisions of Section 901.1 et seq. of Title
19 of the Oklahoma Statutes,
j. for
the purposes of The Governmental Tort Claims Act only, a benevolent or
charitable corporate volunteer or full-time fire department for an
unincorporated area created pursuant to the provisions of Section 592 et seq.
of Title 18 of the Oklahoma Statutes,
k. for
purposes of The Governmental Tort Claims Act only, an Emergency Services
Provider rendering services within the boundaries of a Supplemental Emergency
Services District pursuant to an existing contract between the Emergency
Services Provider and the State Department of Health. Provided, however, that the acquisition of
commercial liability insurance covering the activities of such Emergency
Services Provider performed within the State of Oklahoma shall not operate as a
waiver of any of the limitations, immunities or defenses provided for political
subdivisions pursuant to the terms of The Governmental Tort Claims Act,
l. for
purposes of The Governmental Tort Claims Act only, a conservation district
created pursuant to the provisions of the Conservation District Act,
m. for
purposes of The Governmental Tort Claims Act, districts formed pursuant to the
Oklahoma Irrigation District Act,
n. for
purposes of The Governmental Tort Claims Act only, any community action agency
established pursuant to Sections 5035 through 5040 of Title 74 of the Oklahoma
Statutes,
o. for
purposes of The Governmental Tort Claims Act only, any organization that is
designated as a youth services agency, pursuant to Section 2-7-306 of Title 10A
of the Oklahoma Statutes,
p. for
purposes of The Governmental Tort Claims Act only, any judge presiding over a
drug court, as defined by Section 471.1 of Title 22 of the Oklahoma Statutes,
q. for
purposes of The Governmental Tort Claims Act only, any child-placing agency
licensed by this state to place children in foster family homes, and
r. for
purposes of The Governmental Tort Claims Act only, a circuit engineering
district created pursuant to Section 687.1 of Title 69 of the Oklahoma
Statutes,
s. for purposes of the
Governmental Tort Claims Act only, a substate planning district, regional
council of government or other entity created pursuant to Section 1001 et seq.
of Title 74 of the Oklahoma Statutes, and
t. for purposes of The
Governmental Tort Claims Act only, a regional transportation authority created
pursuant to Section 1370.7 of Title 68 of the Oklahoma Statutes including its
contract operator and any railroad operating in interstate commerce that sells
a property interest or provides services to a regional transportation authority
or allows the authority to use the property or tracks of the railroad for the
provision of public passenger rail service to the extent claims against the
contract operator or railroad arise out of or are related to or in connection
with such property interest, services or operation of the public passenger rail
service. Provided, the acquisition of
commercial liability insurance to cover the activities of the regional
transportation authority, contract operator or railroad shall not operate as a
waiver of any liabilities, immunities or defenses provided pursuant to the
provisions of the Governmental Tort Claims Act,
and all their institutions, instrumentalities or agencies;
12.
“Scope of employment” means performance by an employee acting in good
faith within the duties of the employee’s office or employment or of tasks
lawfully assigned by a competent authority including the operation or
13.
“State” means the State of Oklahoma or any office, department, agency,
authority, commission, board, institution, hospital, college, university,
public tr
14. “State active duty”
shall be defined in accordance with Section 801 of Title 44 of the Oklahoma
Statutes;
15. “State military
forces” shall be defined in accordance with Section 801 of Title 44 of the
Oklahoma Statutes;
16. “Title 32 active duty”
shall be defined in accordance with Section 801 of Title 44 of the Oklahoma
Statutes; and
17. “Tort” means a legal
wrong, independent of contract, involving violation of a duty imposed by
general law, statute, the Constitution of the State of Oklahoma, or otherwise,
resulting in a loss to any person, association or corporation as the proximate
result of an act or omission of a political subdivision or the state or an
employee acting within the scope of employment.
SECTION 19.
REPEALER 51 O.S. 2021, Section
152, as last amended by Section 1, Chapter 41, O.S.L. 2021, is hereby repealed.
SECTION 20.
REPEALER 51 O.S. 2021, Section
152, as last amended by Section 1, Chapter 241, O.S.L. 2021, is hereby
repealed.
SECTION 21.
AMENDATORY 51 O.S. 2021,
Section 155, as last amended by Section 3, Chapter 241, O.S.L. 2021, is amended
to read as follows:
Section 155. The state or a political subdivision
shall not be liable if a loss or claim results from:
1.
Legislative functions;
2.
Judicial, quasi-judicial, or prosecutorial functions, other than claims
for wrongful criminal felony conviction resulting in imprisonment provided for
in Section 154 of this title;
3.
Execution or enforcement of the lawful orders of any court;
4. Adoption or
enforcement of or failure to adopt or enforce a law, whether valid or invalid,
including, but not limited to, any statute, charter provision, ordinance,
resolution, rule, regulation or written policy;
5.
Performance of or the failure to exercise or perform any act or service
which is in the discretion of the state or political subdivision or its
employees;
6.
Civil disobedience, riot, insurrection or rebellion or the failure to
provide, or the method of providing, police, law enforcement or fire
protection;
7.
Any claim based on the theory of attractive nuisance;
8.
Snow or ice conditions or temporary or natural conditions on any public
way or other public place due to weather conditions, unless the condition is
affirmatively caused by the negligent act of the state or a political
subdivision;
9.
Entry upon any property where that entry is expressly or implied
authorized by law;
10.
Natural conditions of property of the state or political subdivision;
11.
Assessment or collection of taxes or special assessments, license or
registration fees, or other fees or charges imposed by law;
12.
Licensing powers or functions including, but not limited to, the
issuance, denial, suspension or revocation of or failure or refusal to issue,
deny, suspend or revoke any permit, license, certificate, approval, order or
similar authority;
13.
Inspection powers or functions, including failure to make an inspection,
review or approval, or making an inadequate or negligent inspection, review or
approval of any property, real or personal, to determine whether the property
complies with or violates any law or contains a hazard to health or safety, or
fails to conform to a recognized standard;
14.
Any loss to any person covered by any workers’ compensation act or any
employer’s liability act;
15.
Absence, condition, location or malfunction of any traffic or road sign,
signal or warning device unless the absence, condition, location or malfunction
is not corrected by the state or political subdivision responsible within a reasonable
time after actual or constructive notice or the removal or destruction of such
signs, signals or warning devices by third parties, action of weather elements
or as a result of traffic collision except on failure of the state or political
subdivision to correct the same within a reasonable time after actual or
constructive notice. Nothing herein
shall give rise to liability arising from the failure of the state or any
political subdivision to initially place any of the above signs, signals or warning
devices. The signs, signals and warning
devices referred to herein are those used in connection with hazards normally
connected with the use of roadways or public ways and do not apply to the duty
to warn of special defects such as excavations or roadway obstructions;
16.
Any claim which is limited or barred by any other law;
17.
Misrepresentation, if unintentional;
18.
An act or omission of an independent contractor or consultant or his or
her employees, agents, subcontractors or suppliers or of a person other than an
employee of the state or political subdivision at the time the act or omission
occurred;
19.
Theft by a third person of money in the custody of an employee unless
the loss was sustained because of the negligence or wrongful act or omission of
the employee;
20.
Participation in or practice for any interscholastic or other athletic
contest sponsored or conducted by or on the property of the state or a
political subdivision;
21.
Participation in any activity approved by a local board of education and
held within a building or on the grounds of the school district served by that
local board of education before or after normal school hours or on weekends;
22.
Use of indoor or outdoor school property and facilities made available
for public recreation before or after normal school hours or on weekends or
school vacations, except those claims resulting from willful and wanton acts of
negligence. For purposes of this
paragraph:
a. “public”
includes, but is not limited to, students during nonschool hours and school
staff when not working as employees of the school, and
b. “recreation”
means any indoor or outdoor physical activity, either organized or unorganized,
undertaken for exercise, relaxation, diversion, sport or pleasure, and that is
not otherwise covered by paragraph 20 or 21 of this section;
23.
Any court-ordered, Department of Corrections or county approved work
release program; provided, however, this provision shall not apply to claims
from individuals not in the custody of the Department of Corrections based on
accidents involving motor vehicles owned or operated by the Department of
Corrections;
24.
The activities of the National Guard, the militia or other military
organization administered by the Military Department of the state military
forces when on state active duty pursuant to the lawful
orders of competent authority or on Title 32 active duty orders:
a. in
an effort to quell a riot,
b. in
response to a natural disaster or military attack, or
c. if
participating in a military mentor program ordered by the court;
25.
Provision, equipping, operation or maintenance of any prison, jail or
correctional facility, or injuries resulting from the parole or escape of a
prisoner or injuries by a prisoner to any other prisoner; provided, however,
this provision shall not apply to claims from individuals not in the custody of
the Department of Corrections based on accidents involving motor vehicles owned
or operated by the Department of Corrections;
26.
Provision, equipping, operation or maintenance of any juvenile detention
facility, or injuries resulting from the escape of a juvenile detainee, or
injuries by a juvenile detainee to any other juvenile detainee;
27.
Any claim or action based on the theory of manufacturer’s products
liability or breach of warranty, either expressed or implied;
28.
Any claim or action based on the theory of indemnification or
subrogation; provided, however, a political subdivision as defined in
subparagraph s of paragraph 11 of Section 152 of this title may enter into a contract
with a contract operator or any railroad operating in interstate commerce that
sells a property interest or provides services to a regional transportation
authority, or allows the regional transportation authority to use the railroad’s
property or tracks for the provision of public passenger rail service,
providing for the allocation of financial responsibility, indemnification, or
the procurement of insurance for the parties for all types of claims or
damages, provided that funds have been appropriated to cover the resulting
contractual obligation at the time the contract is executed. The acquisition of commercial liability
insurance to cover the activities of the regional transportation authority,
contract operator or railroad shall not operate as a waiver of any of the
liabilities, immunities or defenses provided for political subdivisions
pursuant to the provisions of The Governmental Tort Claims Act. A contract entered into under this paragraph
shall not affect rights of employees under the Federal Employers Liability Act
or the Federal Railway Labor Act;
29.
Any claim based upon an act or omission of an employee in the placement
of children;
30.
Acts or omissions done in conformance with then current recognized
standards;
31.
Maintenance of the state highway system or any portion thereof unless
the claimant presents evidence which establishes either that the state failed
to warn of the unsafe condition or that the loss would not have occurred but
for a negligent affirmative act of the state;
32.
Any confirmation of the existence or nonexistence of any effective
financing statement on file in the office of the Secretary of State made in
good faith by an employee of the office of the Secretary of State as required
by the provisions of Section
33.
Any court-ordered community sentence;
34.
Remedial action and any subsequent related maintenance of property
pursuant to and in compliance with an authorized environmental remediation
program, order, or requirement of a federal or state environmental agency;
35.
The use of necessary and reasonable force by a school district employee
to control and discipline a student during the time the student is in
attendance or in transit to and from the school, or any other function
authorized by the school district;
36.
Actions taken in good faith by a school district employee for the
out-of-school suspension of a student pursuant to applicable Oklahoma Statutes;
or
37.
Use of a public facility opened to the general public during an
emergency.
SECTION 22.
REPEALER 51 O.S. 2021, Section
155, as last amended by Section 29, Chapter 12, O.S.L. 2021, is hereby
repealed.
SECTION 23.
AMENDATORY 61 O.S. 2021,
Section 103, as last amended by Section 2, Chapter 340, O.S.L. 2021, is amended
to read as follows:
Section 103. A.
Unless otherwise provided by law, all public construction contracts
exceeding One Hundred Thousand Dollars ($100,000.00) or construction management
trade contracts or subcontracts exceeding Fifty Thousand Dollars ($50,000.00)
shall be let and awarded to the lowest responsible bidder, by open competitive
bidding after solicitation for sealed bids, in accordance with the provisions
of the Public Competitive Bidding Act of 1974.
No work shall be commenced until a written contract is executed and all
required bonds and insurance have been provided by the contractor to the
awarding public agency.
B. Notwithstanding
subsection A of this section, in awarding public construction contracts
exceeding One Hundred Thousand Dollars ($100,000.00) or construction management
trade contracts or subcontracts exceeding Fifty Thousand Dollars ($50,000.00),
counties, cities, other local units of government and any public trust with a
county or a municipality as its sole beneficiary may provide for a local bid
preference of not more than five percent (5%) of the bid price if the awarding
public agency determines that there is an economic benefit to the local area or
economy. Provided, however, the local
bidder or contractor must agree to perform the contract for the same price and
terms as the bid proposed by the nonlocal bidder or contractor. Any bid preference granted hereunder must be
in accordance with an established policy adopted by the governing body of the
awarding public agency to clearly demonstrate the economic benefit to the local
area or economy. Provided, further, no
local bid preference shall be granted unless the local bidding entity is the
second lowest qualified bid on the contract.
The bid specifications shall clearly state that the bid is subject to a
local bidder preference law. For
purposes of this section, “local bid” means the bidding person is authorized to
transact business in this state and maintains a bona fide establishment for
transacting such business within this state.
This provision does not apply to any construction contract for which
federal funds are available for expenditure when its provisions may be in
conflict with federal law or regulation.
C. Except as provided in
subsection E of this section, other construction contracts for the purpose of
making any public improvements or constructing any public building or making
repairs to the same for One Hundred Thousand Dollars ($100,000.00) or less
shall be let and awarded to the lowest responsible bidder by receipt of written
bids or awarded on the basis of competitive quotes to the lowest responsible
qualified contractor. Work may be
commenced in accordance with the purchasing policies of the public agency.
D. Except as provided in
subsection E of this section, other construction contracts for less than Ten
Thousand Dollars ($10,000.00) may be negotiated with a qualified contractor. Work may be commenced in accordance with the
purchasing policies of the public agency.
E. The provisions of this
subsection shall apply to public construction for minor maintenance or minor
repair work to public school district property.
Other construction contracts for less than Twenty-five Thousand Dollars
($25,000.00) may be negotiated with a qualified contractor. Construction contracts equal to or greater
than Fifty Thousand Dollars ($50,000.00) but less than One Hundred Thousand
Dollars ($100,000.00) shall be let and awarded to the lowest responsible bidder
by receipt of written bids. No work
shall be commenced on any construction contract until a written contract is
executed and proof of insurance has been provided by the contractor to the
awarding public agency.
F. The Construction and
Properties Division of the Office of Management and Enterprise Services may
award contracts using best value competitive proposals. As used in this subsection, “best value”
means an optional contract award system which can evaluate and rank submitted
competitive performance proposals to identify the proposal with the greatest
value to the state. The Office of
Management and Enterprise Services, pursuant to the Administrative Procedures
Act, shall promulgate rules necessary to implement the provisions of this
subsection.
G. 1. A public agency shall not let or award a
public construction contract exceeding One Hundred Thousand Dollars
($100,000.00) or a construction management trade contract or subcontract
exceeding Fifty Thousand Dollars ($50,000.00) to any contractor affiliated with
a purchasing cooperative unless the purchasing cooperative and the contractor
have complied with all of the provisions of the Public Competitive Bidding Act
of 1974, including but not limited to open competitive bidding after
solicitation for sealed bids. A public
agency shall not let or award a public construction contract exceeding Ten
Thousand Dollars ($10,000.00) up to One Hundred Thousand Dollars ($100,000.00)
to any contractor affiliated with a purchasing cooperative unless the
purchasing cooperative and the contractor have complied with all of the
provisions of the Public Competitive Bidding Act of 1974, including submission
of a written bid upon notice of competitive bidding.
2. A purchasing
cooperative and its affiliated contractors shall not be allowed to bid on any
public construction contract exceeding One Hundred Thousand Dollars
($100,000.00) or any construction management trade contract or subcontract
exceeding Fifty Thousand Dollars ($50,000.00) unless the purchasing cooperative
and its affiliated contractors have complied with all of the provisions of the
Public Competitive Bidding Act of 1974, including but not limited to open
competitive bidding after solicitation for sealed bids. A purchasing cooperative and its affiliated
contractors shall not be allowed to bid on any public construction contract
exceeding Five Thousand Dollars ($5,000.00) unless the purchasing cooperative
and its affiliated contractors have complied with all of the provisions of the
Public Competitive Bidding Act of 1974, including submission of a written bid
upon notice of open competitive bidding.
3. Local governmental
units, or local governmental units cooperating under the terms of any
interlocal cooperative agreement authorized by state law, may create a
purchasing cooperative or contract with a purchasing cooperative to provide
leverage in achieving best value or the best terms in contracts. To encourage intergovernmental collaboration,
any purchasing cooperative or interlocal cooperative entity may utilize any
single legal newspaper of this state to serve as sufficient compliance for bid
notice requirements of competitive bidding or solicitation of bids. If the purchasing cooperative or interlocal
cooperative entity is engaging in a project exclusive to a county or group of
counties of this state, and not open to all governmental units or public trusts
that wish to participate statewide, the bid notice shall be published in a legal
newspaper located within the county or group of counties. Any local governmental unit or public trust
that enters into membership or contracts with a purchasing cooperative or
interlocal cooperative entity may enter into purchases or contracts under the terms
negotiated by the purchasing cooperative or interlocal cooperative entity. If the purchasing cooperative or interlocal
cooperative entity complies with the requirements of this section of law, all
local governmental units shall be deemed in compliance with the requirements
set forth for bid notices and publication.
SECTION 24.
REPEALER 61 O.S. 2021, Section
103, as last amended by Section 1, Chapter 244, O.S.L. 2021, is hereby
repealed.
SECTION 25.
AMENDATORY 62 O.S. 2021,
Section 34.32, as last amended by Section 1, Chapter 16, O.S.L. 2021, is
amended to read as follows:
Section 34.32. A.
The Information Services Division of the Office of Management and
Enterprise Services shall create a standard security risk assessment for state
agency information technology systems that complies with the International
Organization for Standardization (ISO) and the International Electrotechnical
Commission (IEC) Information Technology - Code of Practice for Security
Management (ISO/IEC 27002).
B. Each state agency that
has an information technology system shall obtain an information security risk
assessment to identify vulnerabilities associated with the information
system. The Information Services Division
of the Office of Management and Enterprise Services shall approve not less than
two firms which state agencies may choose from to conduct the information
security risk assessment.
C. A state agency with an
information technology system that is not consolidated under the Information
Technology Consolidation and Coordination Act or that is otherwise retained by
the agency shall additionally be required to have an information security audit
conducted by a firm approved by the Information Services Division that is based
upon the most current version of the NIST Cyber-Security Framework, and shall
submit a final report of the information security risk assessment and
information security audit findings to the Information Services Division each
year on a schedule set by the Information Services Division. Agencies shall also submit a list of remedies
and a timeline for the repair of any deficiencies to the Information Services
Division within ten (10) days of the completion of the audit. The final information security risk
assessment report shall identify, prioritize, and document information security
vulnerabilities for each of the state agencies assessed. The Information Services Division may assist
agencies in repairing any vulnerabilities to ensure compliance in a timely
manner.
D. Subject to the
provisions of subsection C of Section 34.12 of this title, the Information
Services Division shall report the results of the state agency assessments and
information security audit findings required pursuant to this section to the
Governor, the Speaker of the Ho
E.
This section shall not apply to state agencies subject to mandatory
North American Electric Reliability Corporation (NERC) cybersecurity standards
and institutions within The Oklahoma State System of Higher Education, the Social Security Disability Determination
Services Division of the Department of Rehabilitation Services, and the
Oklahoma State Regents for Higher Education and the telecommunications network
known as OneNet that follow the International Organization for Standardization
(ISO), the Oklahoma Military Department (OMD) and the International
Electrotechnical Commission (IEC)-Security techniques-Code of Practice for
Information Security Controls or National Institute of Standards and
Technology.
SECTION 26.
REPEALER 62 O.S. 2021, Section 34.32, as last amended
by Section 1, Chapter 160, O.S.L. 2021, is hereby repealed.
SECTION 27.
AMENDATORY 63 O.S. 2021,
Section 426, as amended by Section 2, Chapter 563, O.S.L. 2021, is amended to
read as follows:
Section 426. A.
The tax on retail medical marijuana sales will shall be
established at seven percent (7%) of the gross amount received by the seller.
B. This tax will shall
be collected at the point of sale.
Except as provided for in subsection D, tax proceeds will be applied
primarily to finance the regulatory office.
C. Except as provided for
in subsection D, if proceeds from the levy authorized by subsection A of this
section exceed the budgeted amount for running the regulatory office, any
surplus shall be apportioned with seventy-five percent (75%) going to the General
Revenue Fund and may only be expended for common education including funding
redbud school grants pursuant to Section 3-104 of Title 70 of the Oklahoma
Statutes. Twenty-five percent (25%)
shall be apportioned to the Oklahoma State Department of Health and
earmarked for drug and alcohol rehabilitation and prevention.
D. Pursuant to Section
14 of this act, the Oklahoma Tax Commission shall have authority to assess,
collect and enforce the tax specified in subsection A of this section including
any interest and penalty thereon.
E. For fiscal year 2022, proceeds from the levy
authorized by subsection A of this section shall be apportioned as follows:
1. The first Sixty-five
Million Dollars ($65,000,000.00) shall be apportioned as follows:
a. fifty-nine
and twenty-three hundredths percent (59.23%) to the State Public Common School
Building Equalization Fund,
b. thirty-four
and sixty-two hundredths percent (34.62%) to the Oklahoma Medical Marijuana
Authority, a division within the Oklahoma State Department of Health, and
c. six
and fifteen hundredths percent (6.15%) to the Oklahoma State Department of
Health and earmarked for drug and alcohol rehabilitation; and
2. Any surplus
collections shall be apportioned to the General Revenue Fund of the State
Treasury.
SECTION 28.
REPEALER 63 O.S. 2021, Section
426, as amended by Section 13, Chapter 584, O.S.L. 2021, is hereby repealed.
SECTION 29.
REPEALER 63 O.S. 2021, Section
426, as amended by Section 6, Chapter 553, O.S.L. 2021, is hereby repealed.
SECTION 30.
AMENDATORY 63 O.S. 2021,
Section 427.3, as last amended by Section 9, Chapter 553, O.S.L. 2021, is
amended to read as follows:
Section 427.3. A.
There is hereby created the Oklahoma Medical Marijuana Authority within
the State Department of Health which shall address issues related to the
medical marijuana program in Oklahoma including, but not limited to, the
issuance of patient licenses and medical marijuana business licenses, and the
dispensing, cultivating, processing, testing, transporting, storage, research,
and the use of and sale of medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act.
B. The Department shall
provide support staff to perform designated duties of the Authority. The Department shall also provide office
space for meetings of the Authority.
C. The Department shall
implement the provisions of the Oklahoma Medical Marijuana and Patient
Protection Act consistently with the voter-approved State Question No. 788,
Initiative Petition No. 412, subject to the provisions of the Oklahoma Medical
Marijuana and Patient Protection Act.
D. The Department shall
exercise its respective powers and perform its respective duties and functions
as specified in the Oklahoma Medical Marijuana and Patient Protection Act and
this title including, but not limited to, the following:
1. Determine steps the
state shall take, whether administrative or legislative in nature, to ensure
that research on marijuana and marijuana products is being conducted for public
purposes, including the advancement of:
a. public
health policy and public safety policy,
b. agronomic
and horticultural best practices, and
c. medical
and pharmacopoeia best practices;
2. Contract with
third-party vendors and other governmental entities in order to carry out the
respective duties and functions as specified in the Oklahoma Medical Marijuana
and Patient Protection Act;
3. Upon complaint or upon
its own motion and upon a completed investigation, levy fines as prescribed in
applicable laws, rules and regulations and suspend, revoke or not renew
licenses pursuant to applicable laws, rules and regulations;
4. Issue subpoenas for
the appearance or production of persons, records and things in connection with
disciplinary or contested cases considered by the Department;
5. Apply for injunctive
or declaratory relief to enforce the provisions of applicable laws, rules and
regulations;
6. Inspect and examine
all licensed premises of medical marijuana businesses, research facilities,
education facilities and waste disposal facilities in which medical marijuana
is cultivated, manufactured, sold, stored, transported, tested, distributed or
disposed of;
7. Upon action by the
federal government by which the production, sale and use of marijuana in
Oklahoma does not violate federal law, work with the Oklahoma State Banking
Department and the State Treasurer to develop good practices and standards for
banking and finance for medical marijuana businesses;
8. Establish internal
control procedures for licenses including accounting procedures, reporting
procedures and personnel policies;
9. Establish a fee
schedule and collect fees for performing background checks as the Commissioner
deems appropriate. The fees charged
pursuant to this paragraph shall not exceed the actual cost incurred for each
background check;
10. Establish a fee
schedule and collect fees for material changes requested by the licensee; and
11. Establish
regulations, which require a medical marijuana business to submit information
to the Oklahoma Medical Marijuana Authority, deemed reasonably necessary to
assist the Authority in the prevention of diversion of medical marijuana by a
licensed medical marijuana business.
Such information required by the Authority may include, but shall not be
limited to:
a. the
square footage of the licensed premises,
b. a
diagram of the licensed premises,
c. the
number and type of lights at the licensed medical marijuana commercial grower
business,
d. the
number, type and production capacity of equipment located at the medical
marijuana processing facility,
e. the
names, addresses and telephone numbers of employees or agents of a medical
marijuana business,
f. employment
manuals and standard operating procedures for the medical marijuana business,
and
g. any
other information as the Authority reasonably deems necessary.
E. The Department shall
be authorized to enter into and negotiate the terms of a Memorandum of
Understanding between the Department and other state agencies concerning the
enforcement of laws regulating medical marijuana in this state.
SECTION 31.
REPEALER 63 O.S. 2021, Section
427.3, as last amended by Section 5, Chapter 584, O.S.L. 2021, is hereby
repealed.
SECTION 32.
AMENDATORY 63 O.S. 2021,
Section 427.4, as amended by Section 10, Chapter 553, O.S.L. 2021, is amended
to read as follows:
Section 427.4. A.
The Oklahoma Medical Marijuana Authority, in conjunction with the State
Department of Health, shall employ an Executive Director and other personnel as
necessary to assist the Authority in carrying out its duties.
B.
The Authority shall not employ an individual if any of the following
circumstances exist:
1.
The individual has a direct or indirect interest in a licensed medical
marijuana business; or
2.
The individual or his or her spouse, parent, child, spouse of a child,
sibling, or spouse of a sibling has an application for a medical marijuana
business license pending before the Department or is a member of the board of
directors of a medical marijuana business, or is an individual financially
interested in any licensee or medical marijuana business.
C.
All officers and employees of the Authority shall be in the exempt
unclassified service as provided for in Section 840-5.5 of Title 74 of the
Oklahoma Statutes.
D.
The Commissioner may delegate to any officer or employee of the
Department any of the powers of the Executive Director and may designate any
officer or employee of the Department to perform any of the duties of the
Executive Director.
E.
The Executive Director shall be authorized to suggest rules governing
the oversight and implementation of the Oklahoma Medical Marijuana and Patient
Protection Act.
F.
The Department is hereby authorized to create employment positions
necessary for the implementation of its obligations pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act including, but not limited to,
Authority investigators and a senior director of enforcement. The Department and the Authority, the senior
director of enforcement, the Executive Director, and Department investigators
shall have all the powers of any peace officer to:
1.
Investigate violations or suspected violations of the Oklahoma Medical
Marijuana and Patient Protection Act and any rules promulgated pursuant
thereto;
2.
Serve all warrants, summonses, subpoenas, administrative citations,
notices or other processes relating to the enforcement of laws regulating
medical marijuana, concentrate, and medical marijuana product;
3.
Assist or aid any law enforcement officer in the performance of his or
her duties upon such law enforcement officer’s request or the request of other
local officials having jurisdiction;
4.
Require As provided in Section 427.6 of this title, require
any business applicant or licensee to permit an inspection of licensed premises
during business hours or at any time of apparent operation, marijuana
equipment, and marijuana accessories, or books and records; and to permit the
testing of or examination of medical marijuana, concentrate, or product;
5.
Require applicants and licensees to submit complete and current
applications, information and fees required by
the Oklahoma Medical Marijuana and Patient Protection Act, the Oklahoma
Medical Marijuana Waste Management Act and Sections 420 through 426.1 of this
title, and approve material changes made by the applicant or licensee;
6.
Require medical marijuana business licensees to submit a sample or unit
of medical marijuana or medical marijuana product to the quality assurance
laboratory when the Department has reason to believe the medical marijuana or
medical marijuana product may be unsafe for patient consumption or inhalation
or has not been tested in accordance with the provisions of the Oklahoma
Medical Marijuana and Patient Protection Act and the rules and regulations of
the Department. The licensee shall
provide the samples or units of medical marijuana or medical marijuana products
at its own expense but shall not be responsible for the costs of testing; and
7.
Require medical marijuana business licensees to periodically submit
samples or units of medical marijuana or medical marijuana products to the
quality assurance laboratory for quality assurance purposes. Licensed growers, processors, dispensaries
and transporters shall not be required to submit samples or units of medical
marijuana or medical marijuana products more than twice a year. The licensee shall provide the samples or
units of medical marijuana or medical marijuana products at its own expense but
shall not be responsible for the costs of testing.
SECTION 33.
REPEALER 63 O.S. 2021, Section
427.4, as amended by Section 6, Chapter 584, O.S.L. 2021, is hereby repealed.
SECTION 34.
AMENDATORY 63 O.S. 2021,
Section 427.16, as amended by Section 18, Chapter 553, O.S.L. 2021, is amended
to read as follows:
Section 427.16. A.
There is hereby created a medical marijuana transporter license as a
category of the medical marijuana business license.
B. Pursuant to Section
424 of this title, the Oklahoma Medical Marijuana Authority shall issue a
medical marijuana transporter license to licensed medical marijuana commercial
growers, processors and dispensaries upon issuance of such licenses and upon
each renewal. Medical marijuana
transporter licenses shall also be issued to licensed medical marijuana
research facilities, medical marijuana education facilities and medical
marijuana testing laboratories upon issuance of such licenses and upon each
renewal.
C. A medical marijuana
transporter license may also be issued to qualifying applicants who are
registered with the Oklahoma Secretary of State and otherwise meet the
requirements for a medical marijuana business license set forth in the Oklahoma
Medical Marijuana and Patient Protection Act and the requirements set forth in
this section to provide logistics, distribution and storage of medical
marijuana, medical marijuana concentrate and medical marijuana products.
D. A medical marijuana
transporter license shall be valid for one (1) year and shall not be
transferred with a change of ownership.
A licensed medical marijuana transporter shall be responsible for all
medical marijuana, medical marijuana concentrate and medical marijuana products
once the transporter takes control of the product.
E. A transporter license
shall be required for any person or entity to transport or transfer medical
marijuana, medical marijuana concentrate or medical marijuana products from a
licensed medical marijuana business to another medical marijuana business, or
from a medical marijuana business to a medical marijuana research facility or
medical marijuana education facility.
F. A medical marijuana
transporter licensee may contract with multiple licensed medical marijuana
businesses.
G. A medical marijuana
transporter may maintain a licensed premises to temporarily store medical
marijuana, medical marijuana concentrate and medical marijuana products and to
use as a centralized distribution point.
A medical marijuana transporter may store and distribute medical
marijuana, medical marijuana concentrate and medical marijuana products from
the licensed premises. The licensed premises
shall meet all security requirements applicable to a medical marijuana
business.
H. A medical marijuana
transporter licensee shall use the seed-to-sale tracking system developed
pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to create
shipping manifests documenting the transport of medical marijuana, medical
marijuana concentrate and medical marijuana products throughout the state.
I. A licensed medical
marijuana transporter may maintain and operate one or more warehouses in the
state to handle medical marijuana, medical marijuana concentrate and medical
marijuana products. Each location shall
be registered and inspected by the Authority prior to its use.
J. With the exception of
a lawful transfer between medical marijuana businesses who are licensed to
operate at the same physical address, all medical marijuana, medical marijuana
concentrate and medical marijuana products shall be transported:
1. In vehicles equipped
with Global Positioning System (GPS) trackers;
2. In a locked container
and clearly labeled “Medical Marijuana or Derivative”; and
3. In a secured area of
the vehicle that is not accessible by the driver during transit.
K. A transporter agent
may possess marijuana at any location while the transporter agent is
transferring marijuana to or from a licensed medical marijuana business,
licensed medical marijuana research facility or licensed medical marijuana
education facility. The Department shall
administer and enforce the provisions of this section concerning
transportation.
L. The Authority shall
issue a transporter agent license to individual agents, employees, officers or
owners of a transporter license in order for the individual to qualify to
transport medical marijuana, medical marijuana concentrate or medical marijuana
products.
M. The annual fee for a
transporter agent license shall be Twenty-five Dollars ($25.00) and shall be
paid by the transporter license holder or the individual applicant. Transporter license reprints shall be Twenty
Dollars ($20.00).
N. The Authority shall
issue each transporter agent a registry identification card within thirty (30)
days of receipt of:
1. The name, address and
date of birth of the person;
2. Proof of current
Oklahoma residency;
3. Proof of identity as
required for a medical marijuana business license;
4. Possession of a valid
Oklahoma driver license;
5. Verification of
employment with a licensed transporter;
6. The application and
affiliated fee; and
7. A copy of the criminal
background check conducted by the Oklahoma State Bureau of Investigation, paid
for by the applicant.
O. If the transporter
agent application is denied, the Department shall notify the transporter in
writing of the reason for denying the registry identification card.
P. A registry
identification card for a transporter shall expire one (1) year after the date
of issuance or upon notification from the holder of the transporter license
that the transporter agent ceases to work as a transporter.
Q. The Department may
revoke the registry identification card of a transporter agent who knowingly
violates any provision of this section, and the transporter is subject to any
other penalties established by law for the violation.
R. The Department may
revoke or suspend the transporter license of a transporter that the Department
determines knowingly aided or facilitated a violation of any provision of this
section, and the license holder license-holder is subject to any
other penalties established in law for the violation.
S. Vehicles used in the
transport of medical marijuana or medical marijuana product shall be:
1. Insured at or above
the legal requirements in Oklahoma this state;
2. Capable of securing
medical marijuana during transport; and
3. In possession of a
shipping container as defined in Section 427.2 of this title capable of
securing all transported products.
T. Prior to the transport
of any medical marijuana, medical marijuana concentrate or medical marijuana
products, an inventory manifest shall be prepared at the origination point of
the medical marijuana. The inventory
manifest shall include the following information:
1. For the origination
point of the medical marijuana:
a. the
licensee number for the commercial grower, processor or dispensary,
b. address
of origination of transport, and
c. name
and contact information for the originating licensee;
2. For the end recipient
license holder of the medical marijuana:
a. the
license number for the dispensary, commercial grower, processor, research
facility or education facility destination,
b. address
of the destination, and
c. name
and contact information for the destination licensee;
3. Quantities by weight
or unit of each type of medical marijuana product contained in transport;
4. The date of the
transport and the approximate time of departure;
5. The arrival date and
estimated time of arrival;
6. Printed names and
signatures of the personnel accompanying the transport; and
7. Notation of the
transporting licensee.
U. 1. A separate inventory manifest shall be
prepared for each licensee receiving the medical marijuana.
2. The transporter agent
shall provide the other medical marijuana business with a copy of the inventory
manifest at the time the product changes hands and after the other licensee
prints his or her name and signs the inventory manifest.
3. A receiving licensee
shall refuse to accept any medical marijuana, medical marijuana concentrate or
medical marijuana products that are not accompanied by an inventory manifest.
4. Originating and
receiving licensees shall maintain copies of inventory manifests and logs of
quantities of medical marijuana received for seven (7) years from date of
receipt.
SECTION 35.
REPEALER 63 O.S. 2021, Section
427.16, as amended by Section 10, Chapter 584, O.S.L. 2021, is hereby repealed.
SECTION 36.
AMENDATORY 63 O.S. 2021,
Section 1-317, as last amended by Section 1, Chapter 247, O.S.L. 2021, is
amended to read as follows:
Section 1-317. A.
A death certificate for each death which occurs in this state shall be
filed with the State Department of Health, within three (3) days after such
death.
B.
The funeral director shall personally sign the death certificate and
shall be responsible for filing the death certificate. If the funeral director is not available, the
person acting as such who first assumes c
C.
The medical certification shall be completed and signed within
forty-eight (48) hours after death by the physician or advanced practice
registered nurse in charge of the patient’s care for the illness or condition
which resulted in death, except when inquiry as to the ca
D.
In the event that the physician or advanced practice registered nurse in
charge of the patient’s care for the illness or condition which resulted in
death is not in attendance at the time of death, the medical certification
shall be completed and signed within forty-eight (48) hours after death by the
physician or advanced practice registered nurse in attendance at the time of
death, except:
1.
When the patient is under hospice care at the time of death, the medical
certification may be signed by the hospice’s medical director; and
2.
When inquiry as to the ca
Provided, that such certification, if signed by other than the
attending physician or advanced practice registered nurse, shall note on the
face the name of the attending physician or advanced practice registered nurse
and that the information shown is only as reported.
E. A certifier completing
cause of death on a certificate of death who knows that a lethal drug, overdose
or other means of assisting suicide within the meaning of Sections 3141.2
through 3141.4 of this title caused or contributed to the death shall list that
means among the chain of events under cause of death or list it in the box that
describes how the injury occurred. If
such means is in the chain of events under cause of death or in the box that
describes how the injury occurred, the certifier shall indicate “suicide” as
the manner of death.
SECTION 37.
REPEALER 63 O.S. 2021, Section
1-317, as last amended by Section 1, Chapter 104, O.S.L. 2021, is hereby
repealed.
SECTION 38.
AMENDATORY 63 O.S. 2021,
Section 1-1962, as last amended by Section 1, Chapter 125, O.S.L. 2021, is
amended to read as follows:
Section 1-1962. A.
No home care agency as that term is defined by the Home Care Act shall
operate without first obtaining a license as required by the Home Care Act.
B.
1. No home care agency, except as
otherwise provided by this subsection, shall place an individual in the role of
supportive home assistant with a client on a full-time, temporary, per diem, or
other basis, unless the individual has completed agency-based supportive home
assistant training taught by a registered nurse in the sections applicable to
the assistance required by the client.
Each supportive home assistant who successfully completes agency-based
training shall demonstrate competence by testing through an independent entity
approved by the State Department of Health.
The requirements related to application, approval, renewal, and denial
of such testing entities shall be set forth in administrative rules promulgated
by the State Commissioner of Health.
2.
The home care agency shall develop a written training plan that shall
include, at a minimum, the following:
a. observation,
reporting, and documentation of client status and the standby assistance or
other services furnished,
b. maintenance
of a clean, safe, and healthy environment,
c. recognizing
an emergency and necessary emergency procedures,
d. safe
techniques to provide standby assistance with bathing, grooming, and toileting,
e. assistance
with meal preparation and safe food handling and storage,
f. client
rights and responsibilities and the need for respect for the client and for the
privacy and property of the client, and
g. basic
infection control practices to include, at a minimum, instruction in acceptable
hand hygiene techniques and the application of standard precautions.
3.
Supervisory visits shall be made according to the client need, as
determined by the nursing supervisor, but no less than once every six (6)
months.
4.
No supportive home assistant shall provide services to a client until a
criminal history background check and a check of the nurse aide registry
maintained by the State Department of Health is performed in accordance with
Section 1-1950.1 of this title and the assistant is found to have no notations
of abuse of any kind on the registry and no convictions of the crimes listed in
subsection F of Section 1-1950.1 of this title.
5.
No home care agency may employ a supportive home assistant listed on the
Department of Human Services Community Services Worker Registry.
6.
No licensed health care facility, licensed physician, advanced practice
registered nurse, physician assistant, or state agency employee acting in the
performance of his or her duties shall refer a client for personal care
services as defined in paragraph 8 of Section 1-1961 of
this title or for companion or sitter services as defined in paragraph 1 of
subsection A of Section 1-1972 of this title, except to an agency licensed to
provide such services. For purposes of
this subsection, “licensed health care facility” shall include acute care
hospitals, long-term acute care hospitals, rehabilitation hospitals, skilled
nursing facilities, assisted living facilities, residential care homes, home
care agencies, adult day care centers and hospice agencies.
C.
1. No employer or contractor,
except as otherwise provided by this subsection, shall employ or contract with
any individual as a home health aide for more than four (4) months, on a
full-time, temporary, per diem or other basis, unless the individual is a
licensed health professional or unless the individual has satisfied the
requirements for certification and placement on the home health aide registry
maintained by the State Department of Health.
2. a. Any person in the employment of a home care
agency as a home health aide on June 30, 1992, with continuous employment
through June 30, 1993, shall be granted home health aide certification by the
Department on July 1, 1993. The home
care agency shall maintain responsibility for assurance of specific
competencies of the home health aide and shall only assign the home health aide
to tasks for which the aide has been determined to be competent.
b. Any
home health aide employed between the dates of July 1, 1992, and June 30, 1993,
shall be eligible for certification by passing a competency evaluation and
testing as required by the Department.
c. Any
home health aide employed on and after July 1, 1996, shall complete any
specified training, competency evaluation and testing required by the
Department.
D.
The provisions of the Home Care Act shall not apply to:
1.
A person acting alone who provides services in the home of a relative,
neighbor or friend;
2.
A person who provides maid services only;
3.
A nurse service or home aide service conducted by and for the adherents
to any religious denomination, the tenets of which include reliance on
spiritual means through prayer alone for healing;
4.
A person providing hospice services pursuant to the Oklahoma Hospice
Licensing Act;
5.
A nurse-midwife;
6.
An individual, agency, or organization that contracts with the Oklahoma
Health Care Authority to provide services under the Home- and Community-Based
Waiver for persons with developmental disabilities or that contracts with the
Department of Human Services to provide community services to persons with
developmental disabilities; provided, that staff members and individuals
providing the services shall receive a level of training, approved by the Department
of Human Services, which meets or exceeds the level required pursuant to the
Home Care Act. An individual, agency or
organization otherwise covered under the Home Care Act shall be exempt from the
act only for those paraprofessional direct care services provided under
contracts referenced in this paragraph;
7.
An individual, agency or organization that provides or supports the
provision of personal care services to an individual who performs individual
employer responsibilities of hiring, training, directing and managing a
personal care attendant as part of the Oklahoma Health Care Authority
Consumer-Directed Personal Assistance Supports and Services (CD-PASS) waiver
program. An individual, agency or
organization otherwise covered under the provisions of the Home Care Act shall
be exempt from the act only for those paraprofessional direct care services
provided under Oklahoma Health Care Authority contracts referenced in this
paragraph, but shall not be exempt from the criminal history background check
required under the Home Care Act and Section 1-1950.1 of this title for other
paraprofessional direct care service providers.
A personal care attendant hired by a consumer under the CD-PASS program
shall be exempt from certification as a home health aide, provided such
personal care attendant receives the training required and approved by the
Department of Human Services;
8.
An individual who only provides Medicaid home- and community-based
personal care services pursuant to a contract with the Oklahoma Health Care
Authority;
9.
An individual who:
a. is
employed by a licensed home care agency exclusively to provide personal care
services in the home,
b. has
no convictions pursuant to a criminal history investigation as provided in
Section 1-1950.1 of this title,
c. is
being continuously trained by a registered nurse to provide care that is
specific to the needs of the particular client receiving the care, and
d. is
supervised by a registered nurse via an on-site visit at least once each month;
10.
A home or facility approved and annually reviewed by the United States
Department of Veterans Affairs as a medical foster home in which care is
provided exclusively to three or fewer veterans; or
11.
A person qualified by the Department as a certified nurse aide pursuant
to the provisions of Section 1-1951 of this title.
SECTION 39.
REPEALER 63 O.S. 2021, Section
1-1962, as last amended by Section 3, Chapter 284, O.S.L. 2021, is hereby
repealed.
SECTION 40.
AMENDATORY 64 O.S. 2021,
Section 1013, as last amended by Section 1, Chapter 132, O.S.L. 2021, is
amended to read as follows:
Section 1013. A.
The Commissioners of the Land Office shall be responsible for the
investment of the permanent school funds, other educational funds and public
building funds solely in the best interests of the current and future
beneficiaries. The Commissioners of the
Land Office shall make investments:
1.
For the exclusive purpose of:
a. providing
maximum benefits to current and future beneficiaries, and
b. defraying
reasonable expenses of administering the trust funds;
2.
With the care, skill, prudence and diligence under the circumstances
then prevailing that a prudent person acting in a like enterprise of a like
character and with like aims would use; and
3.
By diversifying the investments of the trust funds so as to minimize the
risk of large losses.
B.
The permanent school fund and other educational funds may only be
invested in bonds issued in the United States, United States dollar denominated
or other investments settled in United States dollars or traded on the United
States exchange markets and real property to be owned or acquired by the
Commissioners of the Land Office. The
Commissioners of the Land Office shall not invest more than sixty percent (60%)
of the trust fund investments in equity securities. The Commissioners of the Land Office are
further authorized to acquire, purchase, exchange and grant any real property
under its jurisdiction as is necessary to carry out the investment in the real
property. The Commissioners of the Land
Office shall not invest more than five percent (5%) of the total value of the
assets of the permanent school funds in connection with investments in real
property. The calculation of investments
in real property within the five percent (5%) cap shall not include the value
of real property under long-term lease to the State of Oklahoma, agencies of
the state or subdivisions thereof. In no
case shall the Commissioners of the Land Office bid against private-sector
bidders above the appraised value of any property to be acquired.
C.
The Commissioners shall establish an investment committee. The investment committee shall be composed of
not more than three members of the Commissioners of the Land Office or their
designees. The committee shall make
recommendations to the Commissioners of the Land Office on all matters related
to the choice of managers of the assets of the funds, on the establishment of
investment and fund management guidelines, and in planning future investment
policy. The committee shall have no
authority to act on behalf of the Commissioners of the Land Office in any
circumstances whatsoever. No recommendations
of the committee shall have effect as an action of the Commissioners of the
Land Office or take effect without the approval of the Commissioners as
provided by law. The Commissioners shall
promulgate and adopt on an annual basis an investment plan. The investment plan shall state the criteria
for selecting investment managers, the allocation of assets among investment
managers, and established standards of investment and fund management.
D.
The Commissioners shall retain qualified investment managers to provide
for investment of the fund monies and for the management of investment real
property pursuant to the investment plan.
Investment managers shall be chosen by a solicitation of proposals on a
competitive bid basis pursuant to standards set by the Commissioners. Subject to the investment plan, each
investment manager shall have full discretion in the management of the funds or
investment real property allocated to the investment managers. The funds allocated to investment managers
shall be actively managed by them, which may include selling investments and
realizing losses if the action is considered advantageous to longer term return
maximization. Because of the total
return objective, no distinction shall be made for management and performance
evaluation purposes between realized and unrealized capital gains and losses.
E.
The Commissioners shall take any measures they deem appropriate to
safeguard custody of securities and other assets of the trusts.
F.
By September 1 of each year, the Commissioners shall develop a written
investment plan for the trust funds.
G.
The Commissioners shall compile a quarterly financial report showing the
performance of all the combined funds under their control on a fiscal year
basis. The report shall contain a list
of all investments made by the Commissioners and a list of any commissions,
fees or payments made for services regarding the investments for that reporting
period. The report shall be based on
market values and shall be compiled pursuant to uniform reporting standards
prescribed by the Oklahoma State Pension Commission for all state retirement
systems. The report shall be distributed
to the Oklahoma State Pension Commission, the Cash Management and Investment
Oversight Commission, and the Legislative Service Bureau.
H.
Before January 1 of each year, the Commissioners shall publish an annual
report of all Trust operations, presented in a simple and easily understood
manner to the extent possible. The
report shall be submitted to the Governor, the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, the State Department
of Education and each higher education beneficiary. The annual report shall cover the operation
of the Trusts during the past fiscal year including income, disbursements and
the financial condition of the Trusts at the end of each fiscal year on a cash
basis. The annual report shall also
contain a summary of the assets of each trust and current market value as of
the report date.
I.
The Cash Management and Investment Oversight Commission shall review
reports prepared by the Commissioners of the Land Office pursuant to this
subsection and shall make recommendations regarding the investment strategies
and practices, the development of internal auditing procedures and practices
and any other matters as determined necessary and applicable.
J.
The Commissioners of the Land Office shall select one or more
custodial bank banks to settle transactions involving the
investment of the funds under the control of the Commissioners of the Land
Office. The Commissioners of the Land
Office shall review the performance of the each custodial bank at
least once every year. The Commissioners
of the Land Office shall require a written competitive bid every five (5)
ten (10) years. The custodial
bank shall have a minimum of Five Hundred Million Dollars ($500,000,000.00) in
assets to be eligible for selection. Any
out-of-state custodial bank shall have a service agent in the State of Oklahoma
so that service of summons or legal notice may be had on the designated agent,
and the bank shall submit to the jurisdiction of Oklahoma state courts for
resolution of any and all disputes. In
order to be eligible for selection, the custodial bank shall allow electronic
access to all transaction and portfolio reports maintained by the custodial
bank involving the investment of state funds under control of the Commissioners
of the Land Office and to the Cash Management and Investment Oversight
Commission. The requirement for
electronic access shall be incorporated into any contract between the
Commissioners of the Land Office and the custodial bank. Neither the Commissioners of the Land Office
nor the custodial bank shall permit any of the funds under the control of the
Commissioners of the Land Office or any of the documents, instruments,
securities or other evidence of a right to be paid money to be located in any
place other than within a jurisdiction or territory under the control or
regulatory power of the United States government.
SECTION 41.
REPEALER 64 O.S. 2021, Section
1013, as last amended by Section 2, Chapter 227, O.S.L. 2021, is hereby
repealed.
SECTION 42.
REPEALER 64 O.S. 2021, Section
1013, as last amended by Section 1, Chapter 228, O.S.L. 2021, is hereby
repealed.
SECTION 43.
AMENDATORY 68 O.S. 2021, Section
1356, as last amended by Section 1, Chapter 539, O.S.L. 2021, is amended to
read as follows:
Section 1356. Exemptions
- Governmental and nonprofit entities.
There are hereby specifically exempted from the tax levied by
Section 1350 et seq. of this title:
1.
Sale of tangible personal property or services to the United States
government or to the State of Oklahoma, any political subdivision of this state
or any agency of a political subdivision of this state; provided, all sales to
contractors in connection with the performance of any contract with the United
States government, State of Oklahoma or any of its political subdivisions shall
not be exempted from the tax levied by Section 1350 et seq. of this title,
except as hereinafter provided;
2.
Sales of property to agents appointed by or under contract with agencies
or instrumentalities of the United States government if ownership and
possession of such property transfers immediately to the United States
government;
3.
Sales of property to agents appointed by or under contract with a
political subdivision of this state if the sale of such property is associated
with the development of a qualified federal facility, as provided in the
Oklahoma Federal Facilities Development Act, and if ownership and possession of
such property transfers immediately to the political subdivision or the state;
4.
Sales made directly by county, district or state fair authorities of
this state, upon the premises of the fair authority, for the sole benefit of
the fair authority or sales of admission tickets to such fairs or fair events
at any location in the state authorized by county, district or state fair
authorities; provided, the exemption provided by this paragraph for admission
tickets to fair events shall apply only to any portion of the admission price
that is retained by or distributed to the fair authority. As
5.
Sale of food in cafeterias or lunchrooms of elementary schools, high
schools, colleges or universities which are operated primarily for teachers and
pupils and are not operated primarily for the public or for profit;
6.
Dues paid to fraternal, religio
7.
Sale of tangible personal property or services to or by churches, except
sales made in the course of b
8.
The amount of proceeds received from the sale of admission tickets which
is separately stated on the ticket of admission for the repayment of money
borrowed by any accredited state-supported college or university or any public
tr
9.
Sales of tangible personal property or services to the council
organizations or similar state supervisory organizations of the Boy Scouts of
America, Girl Scouts of U.S.A. and Camp Fire USA;
10.
Sale of tangible personal property or services to any county,
municipality, rural water district, public school district, city-county library
system, the institutions of The Oklahoma State System of Higher Education, the
Grand River Dam Authority, the Northeast Oklahoma Public Facilities Authority,
the Oklahoma Municipal Power Authority, City of Tulsa-Rogers County Port
Authority, M, and the Office of Management
and Enterprise Services only when carrying out a public construction contract
on behalf of the Oklahoma Department of Veterans Affairs, and effective July 1,
2022, the University Hospitals Trust, or to any person with whom any of the
above-named subdivisions or agencies of this state has duly entered into a
public contract pursuant to law, necessary for carrying out such public
contract or to any subcontractor to such a public contract. Any person making purchases on behalf of such
subdivision or agency of this state shall certify, in writing, on the copy of
the invoice or sales ticket to be retained by the vendor that the purchases are
made for and on behalf of such subdivision or agency of this state and set out
the name of such public subdivision or agency.
Any person who wrongfully or erroneo
11.
Sales of tangible personal property or services to private institutions
of higher education and private elementary and secondary institutions of
education accredited by the State Department of Education or registered by the
State Board of Education for purposes of participating in federal programs or
accredited as defined by the Oklahoma State Regents for Higher Education which
are exempt from taxation pursuant to the provisions of the Internal Revenue
Code, 26 U.S.C., Section 501(c)(3) including materials, supplies and equipment
Any person, firm, agency or entity
making purchases on behalf of any institution, agency or subdivision in this
state, shall certify in writing, on the copy of the invoice or sales ticket the
nature of the purchases, and violation of this paragraph shall be a misdemeanor
as set forth in paragraph 10 of this section;
12.
Tuition and educational fees paid to private institutions of higher
education and private elementary and secondary institutions of education
accredited by the State Department of Education or registered by the State
Board of Education for purposes of participating in federal programs or
accredited as defined by the Oklahoma State Regents for Higher Education which
are exempt from taxation pursuant to the provisions of the Internal Revenue
Code, 26 U.S.C., Section 501(c)(3);
13. a. Sales of tangible personal property made by:
(1) a
public school,
(2) a
private school offering instruction for grade levels kindergarten through
twelfth grade,
(3) a
public school district,
(4) a
public or private school board,
(5) a
public or private school student group or organization,
(6) a
parent-teacher association or organization other than as specified in
subparagraph b of this paragraph, or
(7) public
or private school personnel for purposes of raising funds for the benefit of a
public or private school, public school district, public or private school
board or public or private school student group or organization, or
b. Sales
of tangible personal property made by or to nonprofit parent-teacher
associations or organizations exempt from taxation pursuant to the provisions
of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), nonprofit local
public or private school foundations which solicit money or property in the
name of any public or private school or public school district.
The exemption provided by this
paragraph for sales made by a public or private school shall be limited to
those public or private schools accredited by the State Department of Education
or registered by the State Board of Education for purposes of participating in
federal programs. Sale of tangible
personal property in this paragraph shall include sale of admission tickets and
concessions at athletic events;
14.
Sales of tangible personal property by:
a. local
4-H clubs,
b. county,
regional or state 4-H councils,
c. county,
regional or state 4-H committees,
d. 4-H
leader associations,
e. county,
regional or state 4-H foundations, and
f. authorized
4-H camps and training centers.
The exemption provided by this
paragraph shall be limited to sales for the purpose of raising funds for the
benefit of such organizations. Sale of
tangible personal property exempted by this paragraph shall include sale of
admission tickets;
15.
The first Seventy-five Tho
16.
Sales of tangible personal property or services to any person with whom
the Oklahoma Tourism and Recreation Department has entered into a public
contract and which is necessary for carrying out such contract to assist the
Department in the development and production of advertising, promotion,
publicity and public relations programs;
17.
Sales of tangible personal property or services to fire departments
organized pursuant to Section 592 of Title 18 of the Oklahoma Statutes which
items are to be
18.
Complimentary or free tickets for admission to places of am
19.
The first Fifteen Tho
20.
Sales of tangible personal property or services to any Boys & Girls
Clubs of America affiliate in this state which is not affiliated with the
Salvation Army and which is exempt from taxation pursuant to the provisions of
the Internal Revenue Code, 26 U.S.C., Section 501(c)(3);
21.
Sales of tangible personal property or services to any organization,
which takes court-adjudicated juveniles for purposes of rehabilitation, and
which is exempt from taxation pursuant to the provisions of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(3), provided that at least fifty
percent (50%) of the juveniles served by such organization are court
adjudicated and the organization receives state funds in an amount less than
ten percent (10%) of the annual budget of the organization;
22.
Sales of tangible personal property or services to:
a. any
health center as defined in Section 254b of Title 42 of the United States Code,
b. any
clinic receiving disbursements of state monies from the Indigent Health Care
Revolving Fund pursuant to the provisions of Section 66 of Title 56 of the
Oklahoma Statutes,
c. any
community-based health center which meets all of the following criteria:
(1) provides
primary care services at no cost to the recipient, and
(2) is
exempt from taxation pursuant to the provisions of Section 501(c)(3) of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and
d. any
community mental health center as defined in Section 3-302 of Title 43A of the
Oklahoma Statutes;
23.
Dues or fees including free or complimentary dues or fees which have a
value equivalent to the charge that could have otherwise been made, to YMCAs,
YWCAs or municipally-owned recreation centers for the
24.
The first Fifteen Tho
25.
Sales of tangible personal property or services to m
26.
Sales of tickets for admission by any m
27.
Sales of tangible personal property or services occurring on or after
28.
Sales of tangible personal property or services to the organization
known as the Disabled American Veterans, Department of Oklahoma, Inc., and
subordinate chapters thereof;
29.
Sales of tangible personal property or services to youth camps which are
supported or sponsored by one or more churches, members of which serve as tr
30. a. Until July 1, 2022, transfer of tangible
personal property made pursuant to Section 3226 of Title 63 of the Oklahoma
Statutes by the University Hospitals Trust, and
b. Effective
July 1, 2022, transfer of tangible personal property or services to or by:
(1) the University Hospitals Tr
(2) nonprofit entities which are exempt from
taxation pursuant to the provisions of the Internal Revenue Code of the United
States, 26 U.S.C., Section 501(c)(3), which have entered into a joint operating
agreement with the University Hospitals Trust;
31. Sales of tangible
personal property or services to a municipality, county or school district pursuant
to a lease or lease-purchase agreement executed between the vendor and a
municipality, county or school district.
A copy of the lease or lease-purchase agreement shall be retained by the
vendor;
32.
Sales of tangible personal property or services to any spaceport
33. The sale,
a. the
destruction in whole or in part of the satellite or launch vehicle,
b. the
failure of a launch to occur or be successful, or
c. the
absence of any transfer or title to, or possession of, the satellite or launch
vehicle after launch;
34. The sale, lease,
35. The sale, lease,
36. The sale, lease,
37. The purchase or lease
of machinery and equipment for
38. The amount of a
surcharge or any other amount which is separately stated on an admission ticket
which is imposed, collected and
39.
Sales of tangible personal property or services which are directly
40.
The sale, lease or
41.
Sales of tangible personal property or services for
42.
Sales of tangible personal property or services by an organization which
is exempt from taxation pursuant to the provisions of the Internal Revenue
Code, 26 U.S.C., Section 501(c)(3), in the course of conducting a national
championship sports event, but only if all or a portion of the payment in
exchange therefor would qualify as the receipt of a qualified sponsorship
payment described in Internal Revenue Code, 26 U.S.C., Section 513(i). Sales exempted pursuant to this paragraph
shall be exempt from all Oklahoma sales,
43.
Sales of tangible personal property or services to or by an organization
which:
a. is
exempt from taxation pursuant to the provisions of the Internal Revenue Code,
26 U.S.C., Section 501(c)(3),
b. is
affiliated with a comprehensive university within The Oklahoma State System of
Higher Education, and
c. has
been organized primarily for the purpose of providing education and teacher
training and conducting events relating to robotics;
44.
The first Fifteen Tho
45.
Sales of tickets for admission to a collegiate athletic event that is
held in a facility owned or operated by a municipality or a public tr
46.
Sales of tangible personal property or services to or by an organization
which is exempt from taxation pursuant to the provisions of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(3) and is operating the Oklahoma City
National Memorial and M
47.
Sales of tangible personal property or services to organizations which
are exempt from federal taxation pursuant to the provisions of Section
501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), the
memberships of which are limited to honorably discharged veterans, and which
furnish financial support to area veterans’ organizations to be
48.
Sales of tangible personal property or services on or after
49.
Sales of tangible personal property or services to a state that borders
this state or any political subdivision of that state, but only to the extent
that the other state or political subdivision exempts or does not impose a tax
on similar sales of items to this state or a political subdivision of this
state;
50.
Effective
51.
Sales of tangible personal property to a public tr
52.
Effective
53.
The first Two Tho
54.
Sales of tangible personal property to a nonprofit organization, exempt
from taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3), organized primarily for the purpose of providing
services to homeless persons during the day and located in a metropolitan area
with a population in excess of five hundred tho
55.
Sales of tangible personal property or services to or by an organization
which is exempt from taxation pursuant to the provisions of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(3) for events the principal purpose of
which is to provide funding for the preservation of wetlands and habitat for
wild ducks;
56.
Sales of tangible personal property or services to or by an organization
which is exempt from taxation pursuant to the provisions of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(3) for events the principal purpose of
which is to provide funding for the preservation and conservation of wild
turkeys;
57.
Sales of tangible personal property or services to an organization
which:
a. is
exempt from taxation pursuant to the provisions of the Internal Revenue Code,
26 U.S.C., Section 501(c)(3), and
b. is
part of a network of community-based, autonomo
(1) serves
people with workplace disadvantages and disabilities by providing job training
and employment services, as well as job placement opportunities and
post-employment support,
(2) has
locations in the United States and at least twenty other countries,
(3) collects
donated clothing and ho
(4) provides
documentation to the Oklahoma Tax Commission that over seventy-five percent
(75%) of its revenues are channeled into employment, job training and placement
programs and other critical community services;
58.
Sales of tickets made on or after September 21, 2005, and complimentary
or free tickets for admission issued on or after September 21, 2005, which have
a value equivalent to the charge that would have otherwise been made, for
admission to a professional athletic event in which a team in the National
Basketball Association is a participant, which is held in a facility owned or
operated by a municipality, a county or a public tr
59.
Sales of tickets for admission and complimentary or free tickets for
admission which have a value equivalent to the charge that would have otherwise
been made to a professional sporting event involving ice hockey, baseball,
basketball, football or arena football, or soccer. As
60.
Sales of tickets for admission to an annual event sponsored by an
educational and cha
61.
Sales of tangible personal property or services to an organization,
which is exempt from taxation pursuant to the provisions of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(3), and which is itself a member of an
organization which is exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3), if the membership
organization is primarily engaged in advancing the purposes of its member
organizations through fundraising, public awareness or other efforts for the
benefit of its member organizations, and if the member organization is primarily
engaged either in providing educational services and programs concerning
health-related diseases and conditions to individuals suffering from such
health-related diseases and conditions or their caregivers and family members
or support to such individuals, or in health-related research as to such
diseases and conditions, or both. In
order to qualify for the exemption authorized by this paragraph, the member
nonprofit organization shall be required to provide proof to the Oklahoma Tax
Commission of its membership stat
62.
Sales of tangible personal property or services to or by an organization
which is part of a national volunteer women’s service organization dedicated to
promoting patriotism, preserving American history and securing better education
for children and which has at least 168,000 members in 3,000 chapters across
the United States;
63.
Sales of tangible personal property or services to or by a YWCA or YMCA
organization which is part of a national nonprofit community service
organization working to meet the health and social service needs of its members
across the United States;
64.
Sales of tangible personal property or services to or by a veteran’s
organization which is exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(19) and which is known as the
Veterans of Foreign Wars of the United States, Oklahoma Chapters;
65.
Sales of boxes of food by a church or by an organization, which is
exempt from taxation pursuant to the provisions of the Internal Revenue Code,
26 U.S.C., Section 501(c)(3). To qualify
under the provisions of this paragraph, the organization m
66.
Sales of tangible personal property or services to any person with whom
a church has duly entered into a construction contract, necessary for carrying
out such contract or to any subcontractor to such a construction contract;
67.
Sales of tangible personal property or services
a. is
exempt from taxation pursuant to the provisions of the Internal Revenue Code,
26 U.S.C., Section 501(c)(3),
b. has
filed a Not-for-Profit Certificate of Incorporation in this state, and
c. is
organized for the purpose of:
(1) providing
training and education to developmentally disabled individuals,
(2) educating
the community about the rights, abilities and strengths of developmentally
disabled individuals, and
(3) promoting
unity among developmentally disabled individuals in their community and
geographic area;
68.
Sales of tangible personal property or services to any organization
which is a shelter for ab
69. Sales of tangible
personal property or services to a child care center which is licensed pursuant
to the Oklahoma Child Care Facilities Licensing Act and which:
a. possesses
a 3-star rating from the Department of Human Services Reaching for the Stars
Program or a national accreditation, and
b. allows
on-site universal prekindergarten education to be provided to four-year-old
children through a contractual agreement with any public school or school
district.
For the purposes of this paragraph,
sales made to any person, firm, agency or entity that has entered previo
70. a. Sales of tangible personal property to a
service organization of mothers who have children who are serving or who have
served in the military, which service organization is exempt from taxation
pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(19) and which is known as the Blue Star Mothers of America, Inc. The exemption provided by this paragraph
shall only apply to the purchase of tangible personal property actually sent to
United States military personnel overseas who are serving in a combat zone and
not to any other tangible personal property purchased by the organization. Provided, this exemption shall not apply to
any sales tax levied by a city, town, county, or any other jurisdiction in this
state.
b. The
exemption authorized by this paragraph shall be administered in the form of a
refund from the sales tax revenues apportioned pursuant to Section 1353 of this
title, and the vendor shall be required to collect the sales tax otherwise
applicable to the transaction. The
purchaser may apply for a refund of the state sales tax paid in the manner
prescribed by this paragraph. Within
sixty (60) days after the end of each calendar quarter, any purchaser that is
entitled to make application for a refund based upon the exempt treatment
authorized by this paragraph may file an application for refund of the state
sales taxes paid during such preceding calendar quarter. The Tax Commission shall prescribe a form for
purposes of making the application for refund.
c. A
purchaser who applies for a refund pursuant to this paragraph shall certify
that the items were actually sent to military personnel overseas in a combat
zone. Any purchaser that applies for a
refund for the purchase of items that are not authorized for exemption under
this paragraph shall be subject to a penalty in the amount of Five Hundred
Dollars ($500.00);
71.
Sales of food and snack items to or by an organization which is exempt
from taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3), whose primary and principal purpose is providing
funding for scholarships in the medical field;
72.
Sales of tangible personal property or services for
73.
Sales of tickets for admission to events held by organizations exempt
from taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3) that are organized for the purpose of supporting
general hospitals licensed by the State Department of Health;
74.
Sales of tangible personal property or services:
a. to
a foundation which is exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and which raises tax-deductible
contributions in support of a wide range of firearms-related public interest
activities of the National Rifle Association of America and other organizations
that defend and foster Second Amendment rights, and
b. to
or by a grassroots fundraising program for sales related to events to raise
funds for a foundation meeting the qualifications of subparagraph a of this
paragraph;
75. Sales by an
organization or entity which is exempt from taxation pursuant to the provisions
of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) which are related to
a fundraising event sponsored by the organization or entity when the event does
not exceed any five (5) consecutive days and when the sales are not in the
organization’s or the entity’s regular course of business. Provided, the exemption provided in this
paragraph shall be limited to tickets sold for admittance to the fundraising
event and items which were donated to the organization or entity for sale at the
event;
76. Effective November 1,
2017, sales of tangible personal property or services to an organization which
is exempt from taxation pursuant to the provisions of the Internal Revenue
Code, 26 U.S.C., Section 501(c)(3) and operates as a collaborative model which
connects community agencies in one location to serve individuals and families
affected by violence and where victims have access to services and advocacy at
no cost to the victim;
77. Effective July 1,
2018, sales of tangible personal property or services to or by an association which
is exempt from taxation pursuant to the provisions of the Internal Revenue
Code, 26 U.S.C., Section 501(c)(19) and which is known as the National Guard
Association of Oklahoma;
78. Effective July 1,
2018, sales of tangible personal property or services to or by an association
which is exempt from taxation pursuant to the provisions of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(4) and which is known as the Marine
Corps League of Oklahoma;
79. Sales of tangible
personal property or services to the American Legion, whether the purchase is
made by the entity chartered by the United States Congress or is an entity
organized under the laws of this or another state pursuant to the authority of
the national American Legion organization;
80. Sales of tangible
personal property or services to or by an organization which is:
a. exempt
from taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c)(3),
b. verified
with a letter from the MIT Fab Foundation as an official member of the Fab Lab
Network in compliance with the Fab Charter, and
c. able
to provide documentation that its primary and principal purpose is to provide
community access to advanced 21st century manufacturing and digital fabrication
tools for science, technology, engineering, art and math (STEAM) learning
skills, developing inventions, creating and sustaining businesses and producing
personalized products;
81. Effective November 1,
2021, sales of tangible personal property or services used solely for
construction and remodeling projects to an organization which is exempt from
taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,
Section 501(c)(3), and which meets the following requirements:
a. its
primary purpose is to construct or remodel and sell affordable housing and
provide homeownership education to residents of Oklahoma that have an income
that is below one hundred percent (100%) of the Family Median Income guidelines
as defined by the U.S. Department of Housing and Urban Development,
b. it
conducts its activities in a manner that serves public or charitable purposes,
rather than commercial purposes,
c. it
receives funding and revenue and charges fees in a manner that does not
incentivize it or its employees to act other than in the best interests of its
clients, and
d. it
compensates its employees in a manner that does not incentivize employees to
act other than in the best interests of its clients;
82. Effective November 1,
2021, sales of tangible personal property or services to a nonprofit entity,
organized pursuant to Oklahoma law before January 1, 2022, exempt from federal
income taxation pursuant to Section 501(c) of the Internal Revenue Code of 1986,
as amended, the principal functions of which are to provide assistance to
natural persons following a disaster, with program emphasis on repair or
restoration to single-family residential dwellings or the construction of a
replacement single-family residential dwelling.
As used in this paragraph, “disaster” means damage to property with or
without accompanying injury to persons from heavy rain, high winds, tornadic
winds, drought, wildfire, snow, ice, geologic disturbances, explosions,
chemical accidents or spills and other events causing damage to property on a
large scale. For purposes of this
paragraph, an entity that expended at least seventy-five percent (75%) of its
funds on the restoration to single-family housing following a disaster,
including related general and administrative expenses, shall be eligible for
the exemption authorized by this paragraph; and
83. Effective November 1,
2021, through December 31, 2024, sales of tangible personal property or
services to a museum that:
a. operates as a part of
an organization which is exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 U.S.C., Section 501(c)(3),
b. is not accredited by
the American Alliance of Museums, and
c. operates on an annual
budget of less than One Million Dollars ($1,000,000.00); and
83. 84. Until July 1, 2022, sales of tangible
personal property or services for use in a clinical practice or medical
facility operated by an organization which is exempt from taxation pursuant to
the provisions of the Internal Revenue Code of the United States, 26 U.S.C.,
Section 501(c)(3), and which has entered into a joint operating agreement with
the University Hospitals Trust created pursuant to Section 3224 of Title 63 of
the Oklahoma Statutes. The exemption
provided by this paragraph shall be limited to the purchase of tangible
personal property and services for use in clinical practices or medical
facilities acquired or leased by the organization from the University Hospitals
Authority, University Hospitals Trust, or the University of Oklahoma on or after
June 1, 2021.
SECTION 44.
REPEALER 68 O.S. 2021, Section
1356, as last amended by Section 1, Chapter 580, O.S.L. 2021, is hereby
repealed.
SECTION 45.
AMENDATORY 68 O.S. 2021,
Section 2355, as last amended by Section 1, Chapter 493, O.S.L. 2021, is
amended to read as follows:
Section 2355. A.
Individuals. For all taxable
years beginning after December 31, 1998, and before January 1, 2006, a tax is
hereby imposed upon the Oklahoma taxable income of every resident or
nonresident individual, which tax shall be computed at the option of the
taxpayer under one of the two following methods:
1.
METHOD 1.
a. Single
individuals and married individuals filing separately not deducting federal
income tax:
(1) 1/2%
tax on first $1,000.00 or part thereof,
(2) 1%
tax on next $1,500.00 or part thereof,
(3) 2%
tax on next $1,250.00 or part thereof,
(4) 3%
tax on next $1,150.00 or part thereof,
(5) 4%
tax on next $1,300.00 or part thereof,
(6) 5%
tax on next $1,500.00 or part thereof,
(7) 6%
tax on next $2,300.00 or part thereof, and
(8) (a) for taxable years beginning after
(b) for
taxable years beginning on or after
(c) for
taxable years beginning on or after
b. Married
individuals filing jointly and surviving spouse to the extent and in the manner
that a surviving spouse is permitted to file a joint return under the
provisions of the Internal Revenue Code and heads of households as defined in
the Internal Revenue Code not deducting federal income tax:
(1) 1/2%
tax on first $2,000.00 or part thereof,
(2) 1%
tax on next $3,000.00 or part thereof,
(3) 2%
tax on next $2,500.00 or part thereof,
(4) 3%
tax on next $2,300.00 or part thereof,
(5) 4%
tax on next $2,400.00 or part thereof,
(6) 5%
tax on next $2,800.00 or part thereof,
(7) 6%
tax on next $6,000.00 or part thereof, and
(8) (a) for taxable years beginning after
(b) for
taxable years beginning on or after
(c) for
taxable years beginning on or after
2.
METHOD 2.
a. Single
individuals and married individuals filing separately deducting federal income
tax:
(1) 1/2%
tax on first $1,000.00 or part thereof,
(2) 1%
tax on next $1,500.00 or part thereof,
(3) 2%
tax on next $1,250.00 or part thereof,
(4) 3%
tax on next $1,150.00 or part thereof,
(5) 4%
tax on next $1,200.00 or part thereof,
(6) 5%
tax on next $1,400.00 or part thereof,
(7) 6%
tax on next $1,500.00 or part thereof,
(8) 7%
tax on next $1,500.00 or part thereof,
(9) 8%
tax on next $2,000.00 or part thereof,
(10) 9%
tax on next $3,500.00 or part thereof, and
(11) 10%
tax on the remainder.
b. Married
individuals filing jointly and surviving spouse to the extent and in the manner
that a surviving spouse is permitted to file a joint return under the
provisions of the Internal Revenue Code and heads of households as defined in
the Internal Revenue Code deducting federal income tax:
(1) 1/2%
tax on the first $2,000.00 or part thereof,
(2) 1%
tax on the next $3,000.00 or part thereof,
(3) 2%
tax on the next $2,500.00 or part thereof,
(4) 3%
tax on the next $1,400.00 or part thereof,
(5) 4%
tax on the next $1,500.00 or part thereof,
(6) 5%
tax on the next $1,600.00 or part thereof,
(7) 6%
tax on the next $1,250.00 or part thereof,
(8) 7%
tax on the next $1,750.00 or part thereof,
(9) 8%
tax on the next $3,000.00 or part thereof,
(10) 9%
tax on the next $6,000.00 or part thereof, and
(11) 10%
tax on the remainder.
B.
Individuals. For all taxable
years beginning on or after January 1, 2008, and ending any tax year which
begins after December 31, 2015, for which the determination required pursuant
to Sections 4 and 5 of this act is made by the State Board of Equalization, a
tax is hereby imposed upon the Oklahoma taxable income of every resident or
nonresident individual, which tax shall be computed as follows:
1.
Single individuals and married individuals filing separately:
(a) 1/2%
tax on first $1,000.00 or part thereof,
(b) 1%
tax on next $1,500.00 or part thereof,
(c) 2%
tax on next $1,250.00 or part thereof,
(d) 3%
tax on next $1,150.00 or part thereof,
(e) 4%
tax on next $2,300.00 or part thereof,
(f) 5%
tax on next $1,500.00 or part thereof,
(g) 5.50%
tax on the remainder for the 2008 tax year and any subsequent tax year unless
the rate prescribed by subparagraph (h) of this paragraph is in effect, and
(h) 5.25%
tax on the remainder for the 2009 and subsequent tax years. The decrease in the top marginal individual
income tax rate otherwise authorized by this subparagraph shall be contingent
upon the determination required to be made by the State Board of Equalization
pursuant to Section 2355.1A of this title.
2.
Married individuals filing jointly and surviving spouse to the extent
and in the manner that a surviving spouse is permitted to file a joint return
under the provisions of the Internal Revenue Code and heads of households as
defined in the Internal Revenue Code:
(a) 1/2%
tax on first $2,000.00 or part thereof,
(b) 1%
tax on next $3,000.00 or part thereof,
(c) 2%
tax on next $2,500.00 or part thereof,
(d) 3%
tax on next $2,300.00 or part thereof,
(e) 4%
tax on next $2,400.00 or part thereof,
(f) 5%
tax on next $2,800.00 or part thereof,
(g) 5.50%
tax on the remainder for the 2008 tax year and any subsequent tax year unless
the rate prescribed by subparagraph (h) of this paragraph is in effect, and
(h) 5.25%
tax on the remainder for the 2009 and subsequent tax years. The decrease in the top marginal individual
income tax rate otherwise authorized by this subparagraph shall be contingent
upon the determination required to be made by the State Board of Equalization
pursuant to Section 2355.1A of this title.
C.
Individuals. For all taxable
years beginning on or after January 1, 2022, a tax is hereby imposed upon the
Oklahoma taxable income of every resident or nonresident individual, which tax
shall be computed as follows:
1.
Single individuals and married individuals filing separately:
(a)
0.25% tax on first $1,000.00 or part thereof,
(b)
0.75% tax on next $1,500.00 or part thereof,
(c)
1.75% tax on next $1,250.00 or part thereof,
(d)
2.75% tax on next $1,150.00 or part thereof,
(e)
3.75% tax on next $2,300.00 or part thereof,
(f)
4.75% tax on the remainder.
2.
Married individuals filing jointly and surviving spouse to the extent
and in the manner that a surviving spouse is permitted to file a joint return
under the provisions of the Internal Revenue Code and heads of households as
defined in the Internal Revenue Code:
(a)
0.25% tax on first $2,000.00 or part thereof,
(b)
0.75% tax on next $3,000.00 or part thereof,
(c)
1.75% tax on next $2,500.00 or part thereof,
(d)
2.75% tax on next $2,300.00 or part thereof,
(e)
3.75% tax on next $2,400.00 or part thereof,
(f)
4.75% tax on the remainder.
No deduction for federal income
taxes paid shall be allowed to any taxpayer to arrive at taxable income.
D.
Nonresident aliens. In lieu of
the rates set forth in subsection A above, there shall be imposed on
nonresident aliens, as defined in the Internal Revenue Code, a tax of eight
percent (8%) instead of thirty percent (30%) as used in the Internal Revenue
Code, with respect to the Oklahoma taxable income of such nonresident aliens as
determined under the provision of the Oklahoma Income Tax Act.
Every payer of amounts covered by
this subsection shall deduct and withhold from such amounts paid each payee an
amount equal to eight percent (8%) thereof.
Every payer required to deduct and withhold taxes under this subsection
shall for each quarterly period on or before the last day of the month
following the close of each such quarterly period, pay over the amount so
withheld as taxes to the Tax Commission, and shall file a return with each such
payment. Such return shall be in such
form as the Tax Commission shall prescribe. Every payer required under this subsection to
deduct and withhold a tax from a payee shall, as to the total amounts paid to
each payee during the calendar year, furnish to such payee, on or before
January 31, of the succeeding year, a written statement showing the name of the
payer, the name of the payee and the payee’s Social Security account number, if
any, the total amount paid subject to taxation, and the total amount deducted
and withheld as tax and such other information as the Tax Commission may require. Any payer who fails to withhold or pay to the
Tax Commission any sums herein required to be withheld or paid shall be
personally and individually liable therefor to the State of Oklahoma.
E.
Corporations. For all taxable
years beginning after December 31, 1989 2021, a tax is hereby
imposed upon the Oklahoma taxable income of every corporation doing business
within this state or deriving income from sources within this state in an
amount equal to six percent (6%) four percent (4%) thereof.
There shall be no additional
Oklahoma income tax imposed on accumulated taxable income or on undistributed
personal holding company income as those terms are defined in the Internal
Revenue Code.
F.
Certain foreign corporations. In
lieu of the tax imposed in the first paragraph of subsection D of this section,
for all taxable years beginning after December 31, 1989 2021,
there shall be imposed on foreign corporations, as defined in the Internal
Revenue Code, a tax of six percent (6%) four percent (4%) instead
of thirty percent (30%) as used in the Internal Revenue Code, where such income
is received from sources within Oklahoma, in accordance with the provisions of
the Internal Revenue Code and the Oklahoma Income Tax Act.
Every payer of amounts covered by
this subsection shall deduct and withhold from such amounts paid each payee an
amount equal to six percent (6%) four percent (4%) thereof. Every payer required to deduct and withhold
taxes under this subsection shall for each quarterly period on or before the
last day of the month following the close of each such quarterly period, pay
over the amount so withheld as taxes to the Tax Commission, and shall file a
return with each such payment. Such
return shall be in such form as the Tax Commission shall prescribe. Every payer required under this subsection to
deduct and withhold a tax from a payee shall, as to the total amounts paid to
each payee during the calendar year, furnish to such payee, on or before
January 31, of the succeeding year, a written statement showing the name of the
payer, the name of the payee and the payee’s Social Security account number, if
any, the total amounts paid subject to taxation, the total amount deducted and
withheld as tax and such other information as the Tax Commission may
require. Any payer who fails to withhold
or pay to the Tax Commission any sums herein required to be withheld or paid
shall be personally and individually liable therefor to the State of Oklahoma.
G.
Fiduciaries. A tax is hereby
imposed upon the Oklahoma taxable income of every trust and estate at the same
rates as are provided in subsection B or C of this section for single
individuals. Fiduciaries are not allowed
a deduction for any federal income tax paid.
H.
Tax rate tables. For all taxable
years beginning after
SECTION 46.
REPEALER 68 O.S. 2021, Section
2355, as last amended by Section 1, Chapter 492, O.S.L. 2021, is hereby
repealed.
SECTION 47.
AMENDATORY 68 O.S. 2021,
Section 3624, as last amended by Section 13, Chapter 15, O.S.L. 2021, is
amended to read as follows:
Section 3624. A.
There is hereby created the Oklahoma Film Enhancement Rebate
Program. A rebate in the amount of up to
seventeen percent (17%) of documented expenditures made in Oklahoma directly
attributable to the production of a film, television production, or television
commercial, as defined in Section 3623 of this title, in this state, may be
paid to the production company responsible for the production. Provided, for documented expenditures made
after July 1, 2009, the rebate amount shall be thirty-five percent (35%), except
as provided in subsection B of this section.
B. The amount of rebate
paid to the production company as provided for in subsection A of this section
shall be increased by an additional two percent (2%) of documented expenditures
if a production company spends at least Twenty Thousand Dollars ($20,000.00)
for the use of music created by an Oklahoma resident that is recorded in
Oklahoma or for the cost of recording songs or music in Oklahoma for use in the
production.
C. The rebate program
shall be administered by the Office of the Oklahoma Film and Music
Commission Oklahoma Film and Music Office within the Oklahoma Department
of Commerce and the Oklahoma Tax Commission, as provided in the Compete
with Canada Film Act.
D. To be eligible for a
rebate payment:
1. The production company
responsible for a film, television production, or television commercial, as
defined in Section 3623 of this title, made in this state shall submit
documentation to the Office of the Oklahoma Film and Music Commission Oklahoma
Film and Music Office of the amount of wages paid for employment in this
state to residents of this state directly relating to the production and the
amount of other production costs incurred in this state directly relating to
the production;
2. The production company
has filed or will file any Oklahoma tax return or tax document which may be
required by law;
3. Except major studio
productions, the production company shall provide the name of the completion
guarantor and a copy of the bond guaranteeing the completion of the project or
if a film has not secured a completion bond, the production company shall
provide evidence that all Oklahoma crew and local vendors have been paid and
there are no liens against the production company pending in the state;
4. The minimum budget for
the film shall be Fifty Thousand Dollars ($50,000.00) of which not less than
Twenty-five Thousand Dollars ($25,000.00) shall be expended in this state;
5. The production company
shall provide evidence of financing for production prior to the commencement of
principal photography; and
6. The production company
shall provide evidence of a certificate of general liability insurance with a
minimum coverage of One Million Dollars ($1,000,000.00) and a workers’
compensation policy pursuant to state law, which shall include coverage of
employer’s liability.
E. A production company
shall not be eligible to receive both a rebate payment pursuant to the
provisions of Section 3621 et seq. of this title and an exemption from sales
taxes pursuant to the provisions of paragraph 23 of Section 1357 of this
title. If a production company has
received such an exemption from sales taxes and submits a claim for rebate
pursuant to the provisions of the Compete with Canada Film Act, the company
shall be required to fully repay the amount of the exemption to the Tax
Commission. A claim for a rebate shall
include documentation from the Tax Commission that repayment has been made as
required herein or shall include an affidavit from the production company that
the company has not received an exemption from sales taxes pursuant to the
provisions of paragraph 21 of Section 1357 of this title.
F. The Office shall
approve or disapprove all claims for rebate and shall notify the Tax
Commission. The Tax Commission shall,
upon notification of approval from the Office of the Film and Music
Commission Oklahoma Film and Music Office, issue payment for all
approved claims from funds in the Oklahoma Film Enhancement Rebate Program
Revolving Fund created in Section 3625 of this title. Excluding any rebate payments to high impact
productions as provided for in subsection G of this section, the amount of
claims prequalified and approved by the Office for any single fiscal year shall
not exceed Eight Million Dollars ($8,000,000.00). If the amount of approved claims exceeds the
amount specified in this subsection in a fiscal year, payments shall be made in
the order in which the claims are approved by the Office. If an approved claim is not paid in whole or
in part, the unpaid claim or unpaid portion may be paid in the following fiscal
year subject to the limitations specified in this subsection. The liability of the State of Oklahoma to
make incentive payments pursuant to this act shall be limited to the balance of
the Oklahoma Film Enhancement Rebate Program Revolving Fund.
G. 1. At the time the Office of the Film and
Music Commission Oklahoma Film and Music Office issues a conditional
prequalification for a production, such prequalification may include a proposed
designation as a high impact production, as defined in Section 3623 of this
title.
2. The proposed
designation must be approved by the Cabinet Secretary for Commerce and
Tourism.
3. If the high impact
production otherwise meets all of the requirements of the Compete With with
Canada Act and the Office gives final approval to rebate claims, such rebate
claims shall not be subject to the Eight Million Dollar ($8,000,000.00) cap
provided for in subsection F of this section.
4. The payment of a
rebate claim approved by the Office for a production designated as a high
impact production by the Cabinet Secretary may be made as follows:
a. by
special appropriation to the Oklahoma Film Enhancement Rebate Program Revolving
Fund, if the claim is approved during a regular or special session of the
Oklahoma Legislature, or
b. by
payment from the Oklahoma Quick Action Closing Fund pursuant to Section 48.2 of
Title 62 of the Oklahoma Statutes, if the claim is approved when the Oklahoma
Legislature is not in session.
SECTION 48.
REPEALER 68 O.S. 2021, Section
3624, as last amended by Section 3, Chapter 312, O.S.L. 2021, is hereby
repealed.
SECTION 49.
AMENDATORY 70 O.S. 2021,
Section 6-187, as last amended by Section 1, Chapter 118, O.S.L. 2021, is
amended to read as follows:
Section 6-187. A.
Prior to July 1, 2014, a competency examination shall be adopted by the
Oklahoma Commission for Teacher Preparation and beginning July 1, 2014, a
competency examination shall be adopted by the Commission for Educational
Quality and Accountability for the general education, professional education
and vario
The Commission, consistent with the purposes of this section,
shall promulgate rules and procedures to guarantee the confidentiality of
examinations.
B. No teacher candidate
shall be eligible for certification until successfully completing the
competency examination except those candidates who make application to the
State Board and meet the criteria for the alternative placement program
pursuant to Section 6-122.3 of this title.
Certification shall be limited to areas of approval in which the
certified teacher has successfully completed the examination. Subject to the provisions of subsection C of
this section, testing for certification for subjects in which a teacher
candidate or teacher is seeking a minor teaching assignment or an endorsement
to teach shall be limited to the specific subject area test.
A teacher candidate or teacher may take the general education,
professional education or subject area portions of the examination subject to
any limit imposed by the Commission.
C. 1. Except as otherwise provided for in this
subsection, a teacher may be certified in as many areas as the teacher meets
the necessary requirements provided by law and has successfully completed the
subject area portion of the examination.
2. Except as otherwise
provided for in this paragraph, certification in early childhood, elementary,
or special education shall require completion of an appropriate teacher
education program approved by the Commission.
Any teacher who is certified to teach elementary education may
be certified in early childhood education upon meeting the requirements
provided in law and successful completion of the appropriate subject area
portion of the examination. Any teacher
who is certified to teach early childhood education may be certified in
elementary education upon meeting the requirements provided in law and
successful completion of the appropriate subject area portion of the
examination. Any special education
teacher who becomes certified to teach through completion of an accredited
teacher preparation program may be certified in early childhood or elementary
education upon meeting the requirements provided in law and successful
completion of the appropriate subject portion of the examination. Any teacher who becomes certified to teach
through completion of an accredited teacher preparation program or becomes
alternatively certified to teach through the Troops to Teachers program may be
certified in special education upon meeting the requirements provided in law
and successful completion of the appropriate subject area portion of the
examination. Any special education
teacher who has not completed a Commission-approved teacher education program
in elementary education or early childhood education but who has successfully
completed the subject area portion of the examination may be certified in elementary
education or early childhood education for the purpose of providing direct
instruction and serving as the teacher of record for grading purposes in
special education settings only.
D. The Commission shall
offer the competency examination at least four times per calendar year on dates
to be established by the Commission.
E. If a teacher candidate
or teacher is a non-native-English speaker, the Commission shall offer the
subject area competency examination in the native language of the teacher candidate
or teacher only if the teacher candidate or teacher is employed or has been
offered employment by a school district as a teacher in a foreign language
immersion program offered by the school district. If a non-native-English speaker who has received
certification in a subject area after taking the subject area competency
examination in the native language of the speaker seeks to add a certification
area in the future and that person is no longer employed as a teacher in a
foreign language immersion program, the examination for the additional
certification area shall be taken in English.
The State Board of Education shall issue a restricted license or
certificate to any teacher who has completed a subject area competency
examination in the native language of the teacher as provided for in this
subsection restricting the teacher to teaching only in a foreign language
immersion program.
F. The State Board of
Education, in consultation with the Commission for Educational Quality and
Accountability, may grant an exception to the requirement to complete a subject
area examination for initial certification in a field which does not require an
advanced degree if the candidate has an advanced degree in a subject that is
substantially comparable to the content assessed on a subject area
examination. The advanced degree shall
be from an institution accredited by a national or regional accrediting agency
which is recognized by the Secretary of the United States Department of
Education. The Commission shall provide
the Board with the necessary information to determine comparability.
G. 1.
Nothing in the Oklahoma Teacher Preparation Act shall restrict the right
of the State Board of Education to issue an emergency or provisional
certificate, as needed. Provided,
however, prior to the issuance of an emergency certificate, the district shall
document substantial efforts to employ a teacher who holds a provisional or
standard certificate. In the event a
district is unable to hire an individual meeting this criteria, the district
shall document efforts to employ an individual with a provisional or standard
certificate in another curricular area with academic preparation in the field
of need. Only after these alternatives
have been exha
2. The State Board of
Education may renew the emergency or provisional certificate of an individual
who has been employed by a school district board of education for at least two
(2) years if the following criteria are met:
a. the
individual has been granted an emergency or provisional certificate pursuant to
paragraph 1 of this subsection for two (2) years,
b. the
individual has not successfully completed the competency examinations required
by this section,
c. the
individual submits a portfolio of his or her work to the State Board of
Education, which shall include evidence of progress toward standard
certification,
d. the
employing school district board of education agrees to renew the individual’s
contract to teach for the ensuing fiscal year, and
e. the
superintendent of the employing school district submits to the State Board of
Education the reason the emergency or provisional certificate should be renewed
and provides evidence of the district’s inability to hire a teacher who holds a
standard certificate.
3. Individuals employed
by a school district under an emergency or provisional certificate shall not be
considered career teachers and therefore not entitled to the protections of the
Teacher Due Process Act of 1990.
G. H. The State Board of Education may grant an
exception to the requirements for all certification examinations for teacher
candidates who are “deaf”, which for the purposes of this section shall mean
having a hearing loss so severe that the person cannot process auditory
linguistic information with or without accommodation and whose primary language
and teaching environment is American Sign Language. The Board may grant an exception upon:
1. Verification by a
licensed audiologist of a hearing loss so severe that the teacher candidate
cannot process auditory linguistic information with or without accommodation;
2. Demonstration of
fluency in American Sign Language;
3. Demonstration of
competency in the subject area of specialization as approved by the Board in
lieu of certification examinations; and
4. Sponsorship by a
certified deaf education teacher for a mentorship program.
The Board may promulgate rules and other requirements as
necessary to grant the exceptions described in this subsection. Applicable teaching environments may include
American Sign Language immersion programs, the Oklahoma School for the Deaf,
programs for the deaf or other classroom settings in which American Sign
Language is the language of instruction.
SECTION 50.
REPEALER 70 O.S. 2021, Section
6-187, as last amended by Section 1, Chapter 319, O.S.L. 2021, is hereby
repealed.
SECTION 51.
AMENDATORY 70 O.S. 2021,
Section 11-103.6, as last amended by Section 1, Chapter 322, O.S.L. 2021, is
amended to read as follows:
Section 11-103.6. A.
1. The State Board of Education
shall adopt subject matter standards for instruction of students in the public
schools of this state that are necessary to ensure there is attainment of
desired levels of competencies in a variety of areas to include language,
mathematics, science, social studies and, communication, and
health and physical education.
2.
School districts shall develop and implement curriculum, courses and
instruction in order to ensure that students meet the skills and competencies
as set forth in this section and in the subject matter standards adopted by the
State Board of Education.
3.
All students shall gain literacy at the elementary and secondary
levels. Students shall develop skills in
reading, writing, speaking, computing and critical thinking. For purposes of this section, critical
thinking means a manner of analytical thinking which is logical and uses linear
factual analysis to reach a conclusion.
They also shall learn about cultures and environments - their own
and those of others with whom they share the earth. All students shall receive the instruction
needed to lead healthy and physically active lifestyles. Students, therefore, shall study social
studies, literature, languages, the arts, health, mathematics and
science. Such curricula shall provide
for the teaching of a hands-on career exploration program in cooperation with
technology center schools.
4.
The subject matter standards shall be designed to teach the competencies
for which students shall be tested as provided in Section 1210.508 of this
title, and shall be designed to prepare all students for active citizenship,
employment and/or successful completion of postsecondary education without the
need for remedial coursework at the postsecondary level.
5.
The subject matter standards shall be designed with rigor as defined in
paragraph 3 of subsection G of this section.
6.
The subject matter standards for English Language Arts shall give
Classic Literature and nonfiction literature equal consideration to other
literature. In addition, emphasis shall
be given to the study of complete works of literature.
7. At a minimum, the subject matter standards for
mathematics shall require mastery of the standard algorithms in mathematics,
which is the most logical, efficient way of solving a problem that consistently
works, and for students to attain fluency in Euclidian geometry.
8.
The subject matter standards for history, social studies and United
States Government shall include study of important historical documents,
including the United States Constitution, Declaration of Independence, Emancipation
Proclamation, Federalist Papers and other documents with significant history
and heritage of the United States, and the content of the United States
naturalization test, with an emphasis on the specific content of the test and
the ideas and concepts it references. Beginning
with the 2022-2023 school year, the United States naturalization test shall be
administered in accordance with subsection F of this section.
9.
The subject matter standards for United States Government shall include
an emphasis on civics, the structure and relationship between the national,
state, county and local governments and simulations of the democratic
process. For the purposes of this
section, “civics” means the study of the rights and duties of Oklahoma and
United States citizens and of how those governments work.
10.
The subject matter standards for health and physical education shall
include but not be limited to the domains of physical, emotional, social and
intellectual health. Health literacy
shall include the ability to obtain, process and understand basic health
information and services needed to make appropriate health decisions. Health shall also include the importance of
proper nutrition and exercise, mental health and wellness, substance abuse,
coping skills for understanding and managing trauma, establishing and
maintaining positive relationships and responsible decision making. Physical literacy shall include the ability
to move with competence and confidence in a wide variety of physical activities
in multiple environments that benefit the healthy development of the whole
person.
B. Subject to the
provisions of subsection C of this section, in order to graduate from a public
high school accredited by the State Board of Education with a standard diploma,
students shall complete the following college preparatory/work ready curriculum
units or sets of competencies at the secondary level:
1.
Four units or sets of competencies of English to include Grammar,
Composition, Literature, or any English course approved for college admission
requirements;
2.
Three units or sets of competencies of mathematics, limited to Algebra
I, Algebra II, Geometry, Trigonometry, Math Analysis, Calculus, Advanced
Placement Statistics, or any mathematics course with content and/or rigor above
Algebra I and approved for college admission requirements;
3.
Three units or sets of competencies of laboratory science approved for
college admission requirements, including one unit or set of
competencies of life science, meeting the standards for Biology I; one
unit or set of competencies of physical science, meeting the standards for Physical
Science, Chemistry or Physics; and one unit or set of competencies from the
domains of physical science, life science or earth and space science such that
the content and rigor is above Biology I or Physical Science;
4.
Three units or sets of competencies of history and citizenship skills,
including one unit of American History, one-half unit of Oklahoma History,
one-half unit of United States Government and one unit from the subjects of
History, Government, Geography, Economics, Civics, or non-Western culture and
approved for college admission requirements;
5.
Two units or sets of competencies of the same foreign world
or non-English language or two units of computer technology approved for
college admission requirements, whether taught at a high school or a technology
center school, including computer programming, hardware, and business computer
applications, such as word processing, databases, spreadsheets, and graphics,
excluding keyboarding or typing courses;
6.
One additional unit or set of competencies selected from paragraphs 1
through 5 of this subsection or career and technology education courses,
concurrently enrolled courses, Advanced Placement courses or International
Baccalaureate courses approved for college admission requirements; and
7.
One unit or set of competencies of fine arts, such as music, art, or
drama, or one unit or set of competencies of speech.
C.
In lieu of the requirements of subsection B of this section which
requires a college preparatory/work ready curriculum, a student
may enroll in the core curriculum as provided in subsection D of this section
upon written approval of the parent or legal guardian of the student.
For students under the age of eighteen (18) school districts shall
require a parent or legal guardian of the student to meet with a designee of
the school prior to enrollment in the core curriculum. The State Department of Education shall
develop and distribute to school districts a form suitable for this purpose,
which shall include information on the benefits to students of completing the
college preparatory/work ready curriculum as provided for in subsection B of
this section.
D.
For those students subject to the requirements of subsection C of this
section, in order to graduate from a public high school accredited by the State
Board of Education with a standard diploma, students shall complete the
following core curriculum units or sets of competencies at the secondary level:
1. Language Arts – Four
units or sets of competencies, to consist of one unit or set of competencies of
grammar and composition, and three units or sets of competencies which may
include, but are not limited to, the following courses:
a. American
Literature,
b. English
Literature,
c. World
Literature,
d. Advanced
English Courses, or
e. other
English courses with content and/or rigor equal to or above grammar and
composition;
2. Mathematics – Three
units or sets of competencies, to consist of one unit or set of competencies
of Algebra I or Algebra I taught in a contextual methodology, and two units or
sets of competencies which may include, but are not limited to, the following
courses:
a. Algebra
II,
b. Geometry
or Geometry taught in a contextual methodology,
c. Trigonometry,
d. Math
Analysis or Precalculus,
e. Calculus,
f. Statistics
and/or Probability,
g. Computer
Science or acceptance and successful completion of one (1) year of a full-time,
three-hour career and technology program leading to an industry
credential/certificate or college credit.
The State Board of Career and Technology Education shall promulgate
rules to define the provisions of this act
section related to the accepted industry-valued
credentials which are industry-endorsed or industry-aligned. The list of accepted industry-valued
credentials shall be reviewed annually and updated at least every three (3)
years by the Board,
h. (1) contextual mathematics courses which enhance
technology preparation, or
(2) a
science, technology, engineering and math (STEM) block course meeting the
requirements for course competencies listed in paragraph 2 of subsection B of
this section, whether taught at a:
(a) comprehensive
high school, or
(b) technology
center school when taken in the tenth, eleventh or twelfth grade, taught by a
certified teacher, and approved by the State Board of Education and the
independent district board of education,
i. mathematics
courses taught at a technology center school by a teacher certified in the
secondary subject area when taken in the tenth, eleventh or twelfth grade upon
approval of the State Board of Education and the independent district board of
education, or
j. any
other mathematics course with content and/or rigor equal to or above Algebra I;
3. Science – Three units
or sets of competencies, to consist of one unit or set of competencies
of Biology I or Biology I taught in a contextual methodology, and two units or
sets of competencies in the areas of life, physical, or earth science or
technology which may include, but are not limited to, the following courses:
a. Chemistry
I,
b. Physics,
c. Biology
II,
d. Chemistry
II,
e. Physical
Science,
f. Earth
Science,
g. Botany,
h. Zoology,
i. Physiology,
j. Astronomy,
k. Applied
Biology/Chemistry,
l. Applied
Physics,
m. Principles
of Technology,
n. qualified
agricultural education courses,
o. (1) contextual science courses which enhance
technology preparation, or
(2) a
science, technology, engineering and math (STEM) block course meeting the
requirements for course competencies listed in paragraph 3 of subsection B of
this section, whether taught at a:
(a) comprehensive
high school, or
(b) technology
center school when taken in the tenth, eleventh or twelfth grade, taught by a
certified teacher, and approved by the State Board of Education and the
independent district board of education,
p. science
courses taught at a technology center school by a teacher certified in the
secondary subject area when taken in the tenth, eleventh or twelfth grade upon
approval of the State Board of Education and the independent district board of
education, or
q. other
science courses with content and/or rigor equal to or above Biology I;
4. Social Studies – Three
units or sets of competencies, to consist of one unit or set of competencies of
United States History, one-half to one unit or set of competencies of United
States Government, one-half unit or set of competencies of Oklahoma History,
and one-half to one unit or set of competencies which may include, but are not
limited to, the following courses:
a. World
History,
b. Geography,
c. Economics,
d. Anthropology,
or
e. other
social studies courses with content and/or rigor equal to or above United
States History, United States Government, and Oklahoma History;
5. Arts – One unit or set
of competencies which may include, but is not limited to, courses in Visual
Arts and General Music; and
6. Computer Education or
World Language - One unit or set of competencies of computer technology,
whether taught at a high school or a technology center school, including
computer programming, hardware and business computer applications, such as word
processing, databases, spreadsheets and graphics, excluding keyboarding or
typing courses, or one unit or set of competencies of foreign world
or non-English language.
E. 1. In addition to the curriculum requirements of
either subsection B or D of this section, in order to graduate from a public
high school accredited by the State Board of Education students shall complete
the requirements for a personal financial literacy passport as set forth in the
Passport to Financial Literacy Act and any additional course requirements or
recommended elective courses as may be established by the State Board of
Education and the district school board.
School districts shall strongly encourage students to complete two units
or sets of competencies of foreign world languages and two units
or sets of competencies of physical and health education.
2. No student shall
receive credit for high school graduation more than once for completion of the
same unit or set of competencies to satisfy the curriculum requirements of this
section.
3. A school district
shall not be required to offer every course listed in subsections B and D of
this section, but shall offer sufficient courses to allow a student to
meet the graduation requirements during the secondary grade years of the
student.
F. 1. In addition to the curriculum requirements of
either subsection B or D of this section, beginning with ninth graders in the
2021-22 school year, in order to graduate from a public high school accredited
by the State Board of Education, students shall pass the United States
naturalization test pursuant to the provisions of this subsection.
2. School districts shall
offer the United States naturalization test to students at least once per
school year, beginning as early as eighth grade at the discretion of the school
district; provided, any student may retake the exam upon request, and as often
as desired, until earning a passing score.
For purposes of this subsection, a passing score shall be 60 out of 100
questions.
3. School districts shall
exempt students with disabilities whose individualized education program (IEP),
consistent with state law, indicates that the student is to be assessed with
alternate achievement standards through the Oklahoma Alternate Assessment
Program (OAAP).
G. For purposes of this
section:
1. “Contextual
methodology” means academic content and skills taught by utilizing real-world
problems and projects in a way that helps students understand the application
of that knowledge;
2. “Qualified
agricultural education courses” means courses that have been determined by the
State Board of Education to offer the sets of competencies for one or more
science content areas and which correspond to academic science courses. Qualified agricultural education courses
shall include, but are not limited to, Horticulture, Plant and Soil Science,
Natural Resources and Environmental Science, and Animal Science. The courses shall be taught by teachers
certified in agricultural education and comply with all rules of the Oklahoma
Department of Career and Technology Education;
3. “Rigor” means a level
of difficulty that is thorough, exhaustive and accurate and is appropriate for
the grade level;
4. “Sets of competencies”
means instruction in those skills and competencies that are specified in the
subject matter standards adopted by the State Board of Education and other
skills and competencies adopted by the Board, without regard to specified
instructional time; and
5. “Unit” means a
Carnegie Unit as defined by the North Central Association’s Commission on
Schools.
H. 1. The State Board of Education shall adopt a
plan to ensure that rigor is maintained in the content, teaching methodology,
level of expectations for student achievement, and application of learning in
all the courses taught to meet the graduation requirements as specified in this
section.
2. The State Board of
Education shall allow as much flexibility at the district level as is possible
without diminishing the rigor or undermining the intent of providing these
courses. To accomplish this purpose, the
State Department of Education shall work with school districts in reviewing and
approving courses taught by districts that are not specifically listed in
subsections B and D of this section.
Options may include, but shall not be limited to, courses taken by
concurrent enrollment, advanced placement, or correspondence, or courses
bearing different titles.
3. The State Board of
Education shall approve an advanced placement computer science course to meet
the requirements of course competencies listed in paragraph 2 of subsection B
of this section if the course is taken in a student’s senior year and the
student is concurrently enrolled in or has successfully completed Algebra II.
4. Technology center
school districts may offer programs designed in cooperation with institutions
of higher education which have an emphasis on a focused field of career study
upon approval of the State Board of Education and the independent district
board of education. Students in the
tenth grade may be allowed to attend these programs for up to one-half (1/2) of
a school day and credit for the units or sets of competencies required in
paragraphs 2, 3 and 6 of subsection B or D of this section shall be given if
the courses are taught by a teacher certified in the secondary subject area;
provided, credit for units or sets of competencies pursuant to subsection B of
this section shall be approved for college admission requirements.
5. If a student enrolls
in a concurrent course, the school district shall not be responsible for any
costs incurred for that course, unless the school district does not offer
enough course selection during the student’s secondary grade years to allow the
student to receive the courses needed to meet the graduation requirements of
this section. If the school district
does not offer the necessary course selection during the student’s secondary
grade years, it shall be responsible for the cost of resident tuition at an
institution in The Oklahoma State System of Higher Education, fees, and books
for the concurrent enrollment course, and providing for transportation to and
from the institution to the school site.
It is the intent of the Legislature that for students enrolled
in a concurrent enrollment course which is paid for by the school district
pursuant to this paragraph, the institution charge only the supplementary and
special service fees that are directly related to the concurrent enrollment
course and enrollment procedures for that student. It is further the intent of the Legislature
that fees for student activities and student service facilities, including the
student health care and cultural and recreational service fees, not be charged
to such students.
6. Credit for the units
or sets of competencies required in subsection B or D of this section shall be
given when such units or sets of competencies are taken prior to ninth grade if
the teachers are certified or authorized to teach the subjects for high school
credit and the required rigor is maintained.
7. The three units or
sets of competencies in mathematics required in subsection B or D of this
section shall be completed in the ninth through twelfth grades. If a student completes any required courses
or sets of competencies in mathematics prior to ninth grade, the student may
take any other mathematics courses or sets of competencies to fulfill the
requirement to complete three units or sets of competencies in grades nine
through twelve after the student has satisfied the requirements of subsection B
or D of this section.
8. All units or sets of
competencies required for graduation may be taken in any sequence recommended
by the school district.
I. As a condition of
receiving accreditation from the State Board of Education, all students in
grades nine through twelve shall enroll in a minimum of six periods, or the
equivalent in block scheduling or other scheduling structure that allows for
instruction in sets of competencies, of rigorous academic and/or rigorous
vocational courses each day, which may include arts, vocal and instrumental
music, speech classes, and physical education classes.
J. 1. Academic and vocational-technical courses
designed to offer sets of competencies integrated or embedded within the
courses that provide for the teaching and learning of the appropriate skills
and knowledge in the subject matter standards, as adopted by the State Board of
Education, may, upon approval of the Board, in consultation with the Oklahoma
Department of Career and Technology Education if the courses are offered at a
technology center school district, be counted for academic credit and toward
meeting the graduation requirements of this section.
2. Internet-based courses
offered by a technology center school that are taught by a certified teacher
and provide for the teaching and learning of the appropriate skills and
knowledge in the subject matter standards may, upon approval of the State Board
of Education and the independent district board of education, be counted for
academic credit and toward meeting the graduation requirements of this section.
3. Internet-based courses
or vocational-technical courses utilizing integrated or embedded skills for
which no subject matter standards have been adopted by the State Board of
Education may be approved by the Board, in consultation with the Oklahoma
Department of Career and Technology Education if the courses are offered at a
technology center school district, if such courses incorporate standards of
nationally recognized professional organizations and are taught by certified
teachers.
4. Courses offered by a
supplemental education organization that is accredited by a national
accrediting body and that are taught by a certified teacher and provide for the
teaching and learning of the appropriate skills and knowledge in the subject
matter standards may, upon approval of the State Board of Education and the
school district board of education, be counted for academic credit and toward
meeting the graduation requirements of this section.
K. The State Board of
Education shall provide an option for high school graduation based upon
attainment of the desired levels of competencies as required in tests pursuant
to the provisions of Section 1210.508 of this title. Such option shall be in lieu of the amount of
course credits earned.
L. The State Board of
Education shall prescribe, adopt and approve a promotion system based on the
attainment by students of specified levels of competencies in each area of the
core curriculum.
M. Children who have
individualized education programs pursuant to the Individuals with Disabilities
Education Act (IDEA), and who satisfy the graduation requirements through the
individualized education program for that student shall be awarded a standard
diploma.
N. Students who enter the
ninth grade in or prior to the 2007-08 school year who are enrolled in an
alternative education program and meet the requirements of their plans leading
to high school graduation developed pursuant to Section 1210.568 of this title
shall be awarded a standard diploma.
O. Any student who
completes the curriculum requirements of the International Baccalaureate
Diploma Program shall be awarded a standard diploma.
P.
Any student who successfully completes an advanced mathematics or
science course offered pursuant to Section 1210.404 of this title shall be
granted academic credit toward meeting the graduation requirements pursuant to
paragraph 2 or 3, as appropriate, of subsection B or D of this section.
Q.
For purposes of this section, the courses approved for college admission
requirements shall be courses which are approved by the Oklahoma State Regents
for Higher Education for admission to an institution within The Oklahoma State
System of Higher Education.
R.
Students who have been denied a standard diploma by the school district
in which the student is or was enrolled for failing to meet the requirements of
this section may re-enroll in the school district that denied the student a
standard diploma following the denial of a standard diploma. The student shall be provided remediation or
intervention and the opportunity to complete the curriculum units or sets of
competencies required by this section to obtain a standard diploma. Students who re-enroll in the school district
to meet the graduation requirements of this section shall be exempt from the
hourly instructional requirements of Section 1-111 of this title and the
six-period enrollment requirements of this section.
S.
The State Department of Education shall collect and report data by
school site and district on the number of students who enroll in the core
curriculum as provided in subsection D of this section.
SECTION 52.
REPEALER 70 O.S. 2021, Section
11-103.6, as last amended by Section 4, Chapter 345, O.S.L. 2021, is hereby
repealed.
SECTION 53.
AMENDATORY 74 O.S. 2021,
Section 85.3A, as last amended by Section 1, Chapter 58, O.S.L. 2021, is
amended to read as follows:
Section 85.3A. A.
Compliance with the provisions of the Oklahoma Central Purchasing Act
shall not be required of:
1. County government;
2. The Oklahoma State
Regents for Higher Education, the institutions, centers or other constituent
agencies of The Oklahoma State System of Higher Education;
3. The telecommunications
network known as OneNet;
4. The Department of
Public Safety gun range;
5. The State Treasurer
for the following purchases:
a. services
including, but not limited to, legal services to assist in the administration
of the Uniform Unclaimed Property Act, as provided in Section 668 of Title 60
of the Oklahoma Statutes, and
b. software,
hardware and associated services to assist in the administration of funds and
securities held by the state, as provided in Section 71.2 of Title 62 of the
Oklahoma Statutes;
6. Statutorily allowed
interagency agreements between state agencies;
7. The Oklahoma
Department of Veterans Affairs, in accordance with Section 63.22 of Title 72 of
the Oklahoma Statutes;
8. The Oklahoma Military
Department for the purchases of heraldry items including, but limited to,
medals, badges and other military accoutrements; or
9. A transaction, wholly
funded by monies other than state-derived funds, in which a state agency
functions only as a pass-through conduit to fund an acquisition that is
required by the funding source for the benefit of another entity or individuals
and the state agency does not retain ownership of any part of the acquisition
as a result of the transaction; or
10. The Secretary of
State when selecting a vendor for publication of the Oklahoma Statutes in
accordance with Section 13 of Title 75 of the Oklahoma Statutes.
B.
The State Purchasing Director may form an advisory committee consisting
of representatives from entities exempted from the provisions of the Oklahoma
Central Purchasing Act. The purpose of
the committee shall be to allow committee members to provide input into the
development of shared state purchasing contracts, collaboratively participate
in the integration of their purchasing platforms or electronic purchasing
catalogs, analyze solutions that may be used by state government to meet the
purchasing needs of the entities, explore joint purchases of general use items
that result in mutual procurement of quality goods and services at the lowest
reasonable cost and explore flexibility, administrative relief and
transformation changes through utilization of procurement technology.
C.
At the invitation of the State Purchasing Director entities exempted
from the provisions of the Oklahoma Central Purchasing Act shall participate in
the advisory committee referenced in subsection B of this section.
D.
The State Purchasing Director may invite representatives of political
subdivisions, and local common education entities to participate as members of
the advisory committee.
SECTION 54.
REPEALER 74 O.S. 2021, Section
85.3A, as last amended by Section 13, Chapter 101, O.S.L. 2021, is hereby
repealed.
SECTION 55.
AMENDATORY 75 O.S. 2021,
Section 251, as last amended by Section 31, Chapter 12, O.S.L. 2021, is amended
to read as follows:
Section 251. A.
1. Upon the request of the
Secretary, each agency shall furnish to the Office a complete set of its permanent
rules in such form as is required by the Secretary or as otherwise provided by
law.
2. The Secretary shall
promulgate rules to ensure the effective administration of the provisions of
Article I of the Administrative Procedures Act.
The rules shall include, but are not limited to, rules prescribing paper
size, numbering system, and the format of documents required to be filed
pursuant to the provisions of the Administrative Procedures Act or such other
requirements as deemed necessary by the Secretary to implement the provisions
of the Administrative Procedures Act.
3. The website of each
agency shall provide a link to the website of the Secretary of State where the
rules of the agency are published.
B. 1. Each agency shall file the number of copies
specified by the Secretary of all new rules, and all amendments, revisions or
revocations of existing rules attested to by the agency, pursuant to the
provisions of Section 254 of this title, with the Office within thirty (30)
calendar days after they become finally adopted.
2. An agency filing rules
pursuant to the provisions of this subsection:
a. shall
prepare the rules in plain language which can be easily understood,
b. shall
not unnecessarily repeat statutory language.
Whenever it is necessary to refer to statutory language in order to
effectively convey the meaning of a rule interpreting that language, the
reference shall clearly indicate the portion of the language which is statutory
and the portion which is the agency’s amplification or interpretation of that
language,
c. shall
indicate whether a rule is new, amends an existing permanent rule or repeals an
existing permanent rule. If a rule
amends an existing rule, the rule shall indicate the language to be deleted
typed with a line through the language and language to be inserted typed with
the new language underscored,
d. shall
state if the rule supersedes an existing emergency rule,
e. shall
include a reference to any rule requiring a new or revised form in a note to
the rule. The Secretary shall insert
that reference in “The Oklahoma Register” as a notation to the affected rule,
f. shall
prepare, in plain language, a statement of the gist of the rule and an analysis
of new or amended rules. The analysis
shall include but not be limited to a reference to any statute that the rule
interprets, any related statute or any related rule,
g. may
include with its rules, brief notes, illustrations, findings of facts, and
references to digests of Supreme Court cases, other court decisions, or
Attorney General’s opinions, and other explanatory material. Such material may be included if the material
is labeled or set forth in a manner which clearly distinguishes it from the
rules,
h. shall
include other information, in such form and in such manner as is required by
the Secretary, and
i. may
change the format of existing rules without any rulemaking action by the agency
in order to comply with the standard provisions established by the Secretary
for “Code” and “The Oklahoma Register” publication so long as there is no
substantive change to the rule.
C. The Secretary is
authorized to determine a numbering system and other standardized format for
documents to be filed and may refuse to accept for publication any document
that does not substantially conform to the promulgated rules of the Secretary.
D. In order to avoid
unnecessary expense, an agency may use the published standards established by
organizations and technical societies of recognized national standing, other
state agencies, or federal agencies by incorporating the standards or rules in its
rules or regulations by reference to the specific issue or issues of
publications in which the standards are published, without reproducing the
standards in full. The standards shall
be readily available to the public for examination at the administrative
offices of the agency. In addition, a
copy of such standards shall be kept and maintained by the agency pursuant to
the provisions of the Preservation of Essential Records Act.
E. The Secretary shall
provide for the publication of all Executive Orders received pursuant to the
provisions of Section 664 of Title 74 of the Oklahoma Statutes.
F. The Secretary may
authorize or require the filing of rules or Executive Orders by or through
electronic data or machine readable equipment in such form and manner as is
required by the Secretary.
G. In consultation with
the Adjutant General, the Secretary shall establish a method for the
publication and archiving of all military publications received by the
Secretary of State from the Adjutant General pursuant to the Oklahoma Uniform
Code of Military Justice and the Oklahoma State Guard Act. Military publications shall be defined in
accordance with Section 801 of Title 44 of the Oklahoma Statutes. The Secretary may also authorize or require
the filing of military publications by or through electronic means in such form
and manner as is required by the Secretary.
This subsection shall only apply to military publications promulgated
after October 1, 2019.
H. On or before October
1, 2022, the Secretary shall commence publication of all military publications
provided by the Adjutant General. On a
biennial basis thereafter, the Secretary shall cause the military publications
received in the course of the previous two (2) years to be published in a
printed and bound format suitable for physical archiving in sufficient numbers
to satisfy the requirements of the “Publications Clearinghouse” established in
Section 3-113.3 of Title 65 of the Oklahoma Statutes.
SECTION 56.
REPEALER 75 O.S. 2021, Section
251, as last amended by Section 6, Chapter 11, O.S.L. 2021, is hereby repealed.
SECTION 57.
It being immediately necessary for the preservation of the public peace,
health or 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.
Passed the Senate the 8th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 28th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________