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Oklahoma House Bill HB1022

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1022 Compare Versions

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28-ENGROSSED SENATE AMENDMENT
29-TO
30-ENGROSSED HOUSE CONCURRENT
31-RESOLUTION NO. 1022 Echols of the House
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33- and
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35- McCortney of the Senate
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40-A Concurrent Resolution relating to Joint Rules;
41-amending Joint Rules for the 58th Oklahoma
42-Legislature.
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44-
45-AMENDMENT NO. 1. Page 1, strike the title, resolving clause and
46-entire resolution and insert
47-
48-A Concurrent Resolution relating to Joint Rules;
49-amending Joint Rules for the 58th Oklahoma
50-Legislature.
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54-BE IT RESOLVED BY THE HOUSE OF RE PRESENTATIVES OF THE 2ND SESSION OF
55-THE 58TH OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN:
56-SECTION 1. The Joint Rules of the 58th Oklahoma Legislature are
57-amended to read as follows:
58-JOINT RULES
59-58th OKLAHOMA LEGISLATURE
60-2021-2022
61-PREAMBLE
62-The Oklahoma Legislature hereby adopts the following joint rules
63-to govern its operations and procedures pursuant to Article V,
64-Section 30 of the Oklahoma Constitution.
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91-RULE ONE
92-JOINT SESSIONS
93-(a) The Officers of joint sessions of the Legislature shall be
94-the President of the Senate, the Speaker of the House of
95-Representatives, the President Pro Tempore of the Senate, the
96-Secretary of the Senate, and the Clerk of the House of
97-Representatives.
98-(b) Upon the convening of a joint session of the Legisl ature,
99-the Secretary of the Senate and the Clerk of the House of
100-Representatives shall keep a report of the proceedings to be
101-published in the journals of their respective chambers.
102-RULE TWO
103-COMMUNICATIONS BETWEEN SENATE AND HOUSE
104-All bills, resolutions, v otes and amendments by either chamber,
105-to which the concurrence of both is necessary, as well as messages,
106-shall be presented to the other und er the signature of the Clerk or
107-Secretary of the chamber from wh ich they are transmitted. Messages
108-between the chambers shall be sent only while the receiving chamber
109-is sitting.
110-RULE THREE
111-AVAILABILITY OF LEGISLATION
112-Neither chamber of the Oklahoma Legi slature shall consider
113-legislation unless said legislation has be en made available on a
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140-previous legislative day t o the members of the chamber then having
141-custody of the measure.
142-RULE FOUR
143-JOINT COMMITTEES
144-CHAPTER A:
145-IN GENERAL
146-4.1 – Co-Chairs and Co-Vice Chairs.
147-(a) The President Pro Tempore of the Senate shall appoin t a Co-
148-Chair and Co-Vice Chair to each Joint Committee. The Speaker of the
149-House of Representatives shall appoint a Co -Chair and Co-Vice Chair
150-to each Joint Committee.
151-(b) While considering a bill or resolution in a joint meeting,
152-Joint Committees shall be presided over by the member appointed as a
153-Co-Chair by the proposed legislation’s chamber of origin unless
154-otherwise determined by the Joint Committee.
155-(c) When meeting jointly or separat ely, the Co-Vice Chair shall
156-assume the duties of the Co -Chair for the same chamber during the
157-absence of or at the request of the Co-Chair.
158-4.2 – Timing of Meetings.
159-The dates, times, and locations of separate meetings shall be
160-determined by the Speaker o f the House of Representatives and the
161-President Pro Tempore of t he Senate for their respecti ve
162-delegations.
163-4.3 – Notice of Meetings.
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190-Unless otherwise established by agreement between the Speaker of
191-the House of Representatives and the President Pro Tempo re of the
192-Senate, twenty-four (24) hours of notice to the public shall be
193-provided for meetings of Joint Committee s whether such meeting shall
194-be held jointly or separately.
195-4.4 – Open Meetings.
196-Meetings of Joint Committees shall be open to the public.
197-4.5 – Calendar of Business.
198-Unless otherwise established by agreemen t between the Speaker of
199-the House of Representat ives and the President Pro Tempore of the
200-Senate, the Co-Chairs of a Joint Committee shall establish the
201-calendar of business for that Joint C ommittee.
202-4.6 – Authority of Co-Chairs and Co-Vice Chairs.
203-(a) The presiding Co-Chair or Co-Vice Chair of a Joint
204-Committee shall have all authority necessary to maintain order and
205-decorum and to ensure efficient operation of the Joint Committee.
206-(b) Except as otherwise provided for by this Rule, when meeting
207-separately, each chamber’s respective Rules governing the conduct of
208-committee meetings shall apply to meetings of a Joint Committee;
209-provided, the Co-Chairs of the Joint Committee may establish
210-procedures for the conduct of joint meetings of the Joint Committee.
211-4.7 – Quorum.
212-(a) In a joint meeting, a quorum s hall be considered present
213-only when a majority of the members appointed by the House of
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240-Representatives and a majority of the members appoint ed by the
241-Senate are present.
242-(b) In a separate meeting convened either by the Speaker of the
243-House of Representatives or by the President Pro Tempore of the
244-Senate, a quorum shall be considered present when a majority of the
245-members from the convening ch amber are present.
246-4.8 – Voting.
247-(a) All votes cast in a Joint C ommittee shall be conducted in
248-open, public meetings.
249-(b) Only those committee members present may vote on any
250-matter.
251-(c) A proposed recommendation shall not be considered adopted
252-by a Joint Committee unless a majority of a quorum of the members
253-appointed by the House of Representatives and a majority of a quorum
254-of the members appointed by the Senate shall have both, at some time
255-in the course of the present biennium, voted in favor of the
256-question.
257-4.9 – Deadlines.
258-(a) Measures referred to a Joint Com mittee shall not be subject
259-to the legislative de adlines regularly adopted by the Legislature.
260-(b) If a Joint Committee does not report a bill or resolution
261-with a recommendation prior to Si ne Die Adjournment of the First
262-Regular Session of the biennium, the bill or resolution shall remain
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289-in the custody of the Joint Committee and shall carry over to the
290-Second Regular Session of the biennium with the same status.
291-(c) The Speaker of the Hous e of Representatives and the
292-President Pro Tempore of the Senate may establish other deadlines
293-applicable to Joint Committees.
294-4.10 – Security.
295-(a) Unless otherwise established by agreement between the
296-Speaker of the House of Representatives and the Presi dent Pro
297-Tempore of the Senate, the Co -Chairs of a Joint Committe e created
298-pursuant to this Rule shall jointly det ermine what security
299-arrangements shall be necessary for each Joint Committee meeting.
300-(b) Unless otherwise established by agreement between the
301-Speaker of the House of Representatives and the President Pro
302-Tempore of the Senate, the Co -Chairs of a Joint Committee created
303-pursuant to this Rule shall individually determine what security
304-arrangements shall be necessary for separately convened com mittee
305-meetings.
306-CHAPTER B:
307-APPROPRIATIONS AND BUDGET
308-4.11 - Composition and Title.
309-(a) There shall be constitute d a joint committee whose
310-membership is composed of members of the House of Representatives
311-and of the Senate. The joint committee establishe d by this Rule
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338-shall be styled as the Joint Committee on Ap propriations and Budget
339-and shall be hereinafter refere nced as “JCAB”.
340-(b) The members of the Senate appointed to serve on the Senate
341-Committee on Appropriations shall also be the members of the J oint
342-Committee, provided, such membership may be changed b y the President
343-Pro Tempore of the Senate. The members of the House of
344-Representatives appointed to serve on House Committee on
345-Appropriations and Budget shall also be the members of JCAB;
346-provided, such membership may be changed by the Speaker of the Hou se
347-of Representatives. Ex officio members of the commit tees of each
348-respective chamber shall be ex officio and voting members of JCAB.
349-4.12 – Amendments.
350-Legislation referred to JCAB shall not be amended other than by
351-adoption of a committee substitute authored by the Co-Chairs of
352-JCAB.
353-4.13 – Recommendations.
354-(a) A recommendation by JCAB of “Do Pass” or “Do Pass, As
355-Amended” shall constitute a favorable recommendation.
356-(b) Upon adoption of a favo rable recommendation by JCAB, the
357-Co-Chairs shall cause a joint committee report to be created
358-recording the ayes and the nays. Said report shall be filed with
359-the chief legislative officer of the recommended legislation ’s
360-chamber of origin.
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387-(c) All legislation receiving a favorable recommendation by
388-JCAB to the chamber of origin shall contain a complete Title and a n
389-Enacting or Resolving Clause.
390-(d) No measure shall be recommended by JCAB to the chamber of
391-origin which does not have a fiscal impact. A fiscal impact may
392-arise from provisions affecting r evenues or expenditures or from
393-provisions giving rise to a fis cal impact upon any governmental
394-subdivision of the State of Oklahoma.
395-4.14 – Joint Calendar for Appropriations and Budget.
396-(a) There shall be constituted a joint calendar upon which only
397-those measures receiving a favorable recommendation by JCAB shall be
398-published. The joint calendar established by this Rule shall be
399-styled as the Joint Calendar on Appropriations and Budget and shall
400-be hereinafter referenced in this Rule as the “Joint Calendar”.
401-(b) Upon filing with the chief legislative offi cer of the
402-chamber of origin, the joint committee report shall be published to
403-the Joint Calendar. When published to the Joint Calendar, said
404-report shall be distributed to the members of the House of
405-Representatives and Senate and shall be made available to the public
406-on a legislative day prior to consideration in the chamber of
407-origin.
408-(c) The distribution and public availability requirements of
409-paragraph (b) of this Rule shall fulfill all internal and external
410-distribution and availability requirement s for both chambers of the
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437-Legislature for measures receiving a favorable recommendation by the
438-Joint Committee.
439-4.15 – Consideration in Chamber of Orig in.
440-(a) If a measure favorably reported by JCAB is scheduled for
441-consideration, the joint committee r eport, prior to advancement of
442-the measure from General Order to Third Reading and Final Passage,
443-shall undergo consideration and shall either be adopted or rejected.
444-(b) Upon adoption of the joint committee report, th e bill or
445-resolution shall be consid ered advanced from General Order, and on
446-Third Reading and Final Passage.
447-(c) If a motion to reject the joint committee report is
448-adopted, the report and the measure shall be returned to the custody
449-of the Joint Committ ee.
450-(d) No bill or resolution rec eiving a recommendation from the
451-Joint Committee of “Do Pass” or “Do Pass, As Amended” shall be
452-subject to amendment.
453-(e) Upon approval of the bill or resol ution on Third Reading
454-and Final Passage, the measure shall be en grossed to the opposite
455-house in the same manner as other measures are engrossed.
456-4.16 – Consideration in the Opposite Chamber.
457-(a) Upon consideration in the opposite chamber, the joint
458-committee report, prior to advancement of the measure from General
459-Order to Third Reading and Final Passage, shall undergo
460-consideration and shall either be adopted or rejected.
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487-(b) Upon adoption of the joint committee report in the opposite
488-chamber, the bill or resolution shall be considered advanced from
489-General Order, engrossed and on Third Reading and Final Passage.
490-(c) If a motion to reject the joint committee report is
491-adopted, the report and the measure shall be returned to the custody
492-of the Joint Committee.
493-(d) No bill or resolution receiving a recommendation fro m the
494-Joint Committee of “Do Pass” or “Do Pass, As Amended” shall be
495-subject to amendment.
496-CHAPTER C:
497-ADMINISTRATIVE RULES
498-4.17 – Composition and Title.
499-(a) There shall be constituted a join t committee whose
500-membership is composed of members of the House of Representatives
501-and of the Senate. The joint committee established by this Rule
502-shall be styled as the Joint Committee on Administrative Rules and
503-shall be hereinafter referenced as “JCAR”.
504-(b) The President Pro Tempore of the Senate shall appoint
505-members of the Senate to JCAR to serve at the pleasu re of the Senate
506-Pro Tempore. The Speaker of the House of Representatives shall
507-appoint members of the House of Representatives to JCAR to se rve at
508-the pleasure of the Speaker of the House of Representative s. Ex
509-officio members of the committees of each respective chamber shall
510-be ex officio and voting members of JCAR.
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537-4.18 – Recommendations.
538-(a) Action by JCAR may be by motion to “recommend approval”,
539-“recommend approval in part ”, “recommend disapproval ”, “recommend
540-agency amendment”, or “recommend agency further consideration”.
541-(b) Upon adoption of a favorable recommendation by JCAR, the
542-Co-Chairs shall cause a joint committee report to be created
543-recording the ayes and the nays. Said report shall be fi led with
544-the chief legislative officer of the rec ommended legislation’s
545-chamber of origin.
546-4.19 – Joint Calendar for Administrative Rules.
547-(a) There shall be constituted a joint calendar upo n which
548-measures receiving a recommendation by JCAR shall be publ ished. The
549-joint calendar established by this Ru le shall be styled as the Joint
550-Calendar on Administrative Rules and shall be hereinafter referenced
551-in this Rule as the “JCAR Calendar”.
552-(b) Upon filing with the chief legislative officer of the
553-chamber of origin, the JCAR report shall be published to th e JCAR
554-Calendar. When published to the JCAR Calendar, said report shall be
555-distributed to the members of the House of Representatives and
556-Senate and shall be made available to the public on a legi slative
557-day prior to consideration in the chamber of origin .
558-(c) The distribution and public availability requirements of
559-paragraph (b) of this Rule shall fulfill all internal and external
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586-distribution and availability requirements for both chambers of t he
587-Legislature for measures receiving a recommendation by JC AR.
588-4.20 – Consideration in Chamber of Origin.
589-(a) If a measure reported by JCAR is scheduled for
590-consideration, the JCAR report, prior to ad vancement of the measure
591-from General Order to Third Reading and Final Passage, shall undergo
592-consideration and sh all either be adopted or rejected.
593-(b) Upon adoption of the JCAR report, the measure shall be
594-considered advanced from General Order, and on Third Reading and
595-Final Passage.
596-(c) If a motion to reject the JCAR report is adopted, the
597-report and the measure shall be returned to the custody of JCAR.
598-(d) No bill or resolution receiving a recommendation from JCAR
599-shall be subject to amendment.
600-(e) Upon approval of the measure on Third Reading a nd Final
601-Passage, the measure shall be engrossed to the opposite c hamber in
602-the same manner as other measures are engrossed.
603-4.21 – Consideration in the Opposite Chamber.
604-(a) Upon consideration in the opposi te chamber, the JCAR
605-report, prior to advancem ent of the measure from General Order to
606-Third Reading and Final Pas sage, shall undergo consideration and
607-shall either be adopted or rejected.
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634-(b) Upon adoption of the JCAR report in the opposite chamber,
635-the bill or resolution shall be considered advanc ed from General
636-Order, engrossed, and on Third Reading and Final Pass age.
637-(c) If a motion to reject the JCAR report is adopted, the
638-report and the measure shall be returned to the custody of JCAR.
639-(d) No bill or resolution receiving a recommendation fr om JCAR
640-shall be subject to amendment.
641-RULE FIVE
642-CONFERENCE COMMITTEES
643-5.1 - Procedures.
644-(a) When a bill or resolution is returned by either chamber to
645-the other with amendments, and the chamber where the bill or
646-resolution originated refuses to concur in said amendments, a
647-conference, by a majority vote of those present and voting, may be
648-requested. Such action shall be transmitted by message which shall
649-include the names of the conferees on the part of the requ esting
650-chamber. Upon receipt of s uch message, the other chamber may, in
651-like manner, grant such conference, notif ying the requesting chamber
652-by message stating therein the names of its conferees.
653-(b) In case of agreement by a majority of the members of e ach
654-chamber, the conference commi ttee report shall first be made to the
655-chamber of origin, and there acted upon, t he action taken to be
656-immediately reported, by message, by the Secretary or the Clerk to
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683-the other chamber. The conference committee report s hall be signed
684-by a majority of the conferees appointed by each c hamber.
685-(c) In the event of the failure of eithe r chamber to adopt the
686-conference committee report, the bill or resolution as reported by
687-the conference committee shall remain with the chamb er where the
688-failure to adopt occurred and that chamber may, at a ny time
689-thereafter, request further conference an d the original or new
690-conferees shall be appointed for the further consideration of
691-amendments. In the event that the conference committee re port is
692-rejected and further con ference is requested, the bill or resolution
693-shall be in custody of the chamber of origin.
694-(d) In case the conferees of the two chambers are unable to
695-agree they shall report that fact to the chamber of origin by filing
696-a conference committee report stat ing “conferees are unable to
697-agree”. The bill or joint resolution shall revert to the status it
698-occupied before being sent to conference committee.
699-(e) It shall be within the exclusive jurisdiction of the
700-chamber of origin:
701-1. to determine the germane ness of all amendments proposed by
702-the opposite chamber to the bills and joint resolu tions of the
703-chamber of origin; and
704-2. to determine the germaneness of all conference committee
705-substitutes as well as any other changes made within a conference
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732-committee report to the bills and joint reso lutions of the chamber
733-of origin.
734-5.2 – Joint Conference Calendar.
735-(a) The President Pro Tempore of the Senate and the Speaker of
736-the House of Representatives may establish a joint calendar for
737-publication of confere nce committee reports.
738-(b) Unless otherwise established by agreement between the
739-Speaker of the House of Representatives and the President Pro
740-Tempore of the Senate, a conference committee report, upon filing
741-with the chief legis lative officer of the cha mber of origin, may be
742-published to the Joint Conference Calendar. When published to the
743-Joint Conference Calendar, said report shall be distributed to the
744-members of the House of Representatives and Senate and shall be made
745-available to the public on a l egislative day prior to consideration
746-in the chamber of origin.
747-RULE SIX
748-RECALL OF MEASURES FROM GOVERNOR
749-Bills and joint resolutions presented to the Governor, and on
750-which action by the Governor is pending, may be recalled only b y a
751-concurrent resolution introduced in the chamber of origin of said
752-bill or joint resolution and adopted by both chambers; provided,
753-however, bills and joint resolutions may be recalled from the
754-Governor upon a joint request of the presiding officers of both
755-chambers for the exclusive purpose of correcting typographic al and
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782-grammatical errors therein when such reque st for recall identifies
783-the errors to be corrected. The amendment of such bill or joint
784-resolution recalled on request of the presiding offi cers shall be
785-limited to the correction of errors as stated in th e recall request.
786-The recall request shall be pr inted in full in the journal of each
787-chamber.
788-RULE SEVEN
789-LEGISLATIVE SCHEDULE
790-(a) The First Regular Session of the 58th Oklahoma Legislature
791-shall adhere to the following procedure schedule:
792-1. January 21, 2021, no later than 4:00 p.m., shall be the
793-deadline for introduction of bills and joint resolutions in the
794-Senate and House of Representatives for consideration on the floor
795-of the House of Representatives or Senate during the First Regular
796-Session.
797-2. March 11, 2021, shall be the final legislative da y for Third
798-Reading and Final Passage of a bill or joint resolution in the
799-chamber of origin.
800-3. April 22, 2021, shall be the final legisla tive day for Third
801-Reading and Final Passage of a bill or joint res olution in the
802-chamber opposite the chamber of or igin.
803-4. The First Regular Session of the 58th Oklahoma Legislature
804-shall adjourn sine die not later than 5:00 p.m. on May 28, 2021.
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831-5. Upon a two-thirds (2/3) vote of the membership of both
832-chambers, a bill or joint resolution may be exempted from all
833-deadline dates in both chambers; provided, each chamber may adopt
834-rules which supersede the provisions of this Rule.
835-(b) The Second Regul ar Session of the 58th Oklahoma Legislature
836-shall adhere to the follow ing procedure schedule:
837-1. December 10, 2021, sh all be the final date for requesting
838-the drafting of bills and joint resolutions in the House of
839-Representatives and Senate for introduc tion for consideration during
840-the Second Regular Session.
841-2. January 20, 2022, no later than 4:00 p.m., shall be the
842-deadline for introduction of bills and joint resolutions in the
843-Senate and House of Representatives for consideration on the floor
844-of the House of Representatives or Senate during the Second Regular
845-Session.
846-3. The Second Regular Session of the 58th Oklahom a Legislature
847-shall convene at twelve noon on February 7, 2022.
848-4. March 24, 2022, shall be the final legislative day for Third
849-Reading and Final Passage of a bill or joint resolution in the
850-chamber of origin.
851-5. April 28, 2022, shall be the final legisl ative day for Third
852-Reading and Final Passage of a bill or joint resolution in the
853-chamber opposite the chamber of origin.
854-
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880-6. The Second Regular Session of the 58th Oklahoma Legislature
881-shall adjourn sine d ie not later than 5:00 p.m. on May 27, 2022.
882-7. Upon a two-thirds (2/3) vote of the membership of both
883-chambers, a bill or joint resolution can be exempted from all
884-deadline dates in both chambers; provided, each chamber may adopt
885-rules which supersede th e provisions of this Rule.
886-(c) This schedule may be amended or modified by the adoption of
887-a concurrent resolution by a majority vote of the membership of each
888-chamber.
889-(d) This schedule shall be inapplicable to any joint resolution
890-introduced for the pu rpose of disapproving or approving agency rules
891-pursuant to the provisions of the Administrative Procedures Act, or
892-for the purpose of disapproving or approving standards ado pted by
893-the State Board of Education as set forth in Section 11 -103.6a-1 of
894-Title 70 of the Oklahoma Statutes.
895-(e) This schedule s hall be inapplicable to any bills introduced
896-for the purposes of incorporating and merging different versions of
897-a statute amended in more than one measure at the same or different
898-sessions of the Legislatur e as set forth in Section 23.1 of Title 75
899-of the Oklahoma Statutes.
900-(f) This schedule shall be inapplicable to any bill or joint
901-resolution introduced for the purpose of approving, disapproving,
902-repealing or modifying rules of the Ethics Commission pursu ant to
903-
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929-the provisions of Section 3 of Article XXI X of the Oklahoma
930-Constitution.
931-(g) This schedule shall be inapplicable to any bill or joint
932-resolution which proposes a special or local law and for which
933-notice of intended introduction is published in a newspaper for four
934-consecutive weeks pursuant to the provisions of Section 32 of
935-Article V of the Oklahoma Constitution.
936-(h) The dates specified in this Rule for introdu ction of bills
937-or joint resolutions shall be inapplicable to any bill or joint
938-resolution which contains an “RB” number pursuant to the provisions
939-of the Oklahoma Pension Legislation Actuarial Analysis Act. Such
940-measures shall be submitted to the legislat ive actuary not later
941-than such dates, and may be introduced not later than the first
942-Monday in February following such submission.
943-(i) This schedule shall be inapplicable to any bill or joint
944-resolution authored by the chairs and vice -chairs of the Senate
945-Appropriations Committee and the House Appropriations and Budget
946-Committee which affects the receipt, expenditure or budgeting of
947-state funds or funds under the control of an entity created by state
948-law.
949-(j) This schedule shall be inapplicable to any bill or joint
950-resolution authored by the President Pro Tempore of the Senate and
951-the Speaker of the House of Representatives which is dee med by them
952-
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978-to be necessary for the preservation of public peace, healt h or
979-safety.
980-(k) This schedule shall be inapplicable to any bill or jo int
981-resolution authored by the President Pro Tempore of the Senat e and
982-the Speaker of the House of Representatives which provides for
983-redistricting.
984-RULE EIGHT
985-ADOPTION, AMENDMENT OR SUSPENSION OF JOINT RULES
986-(a) Joint Rules shall be adopted by a concurre nt resolution by
987-a majority vote of the membership of each chambe r. Thereafter,
988-except as provided in paragraph ( c) of Rule Seven, said Rules may be
989-amended, modified or repealed o nly by the adoption of a concurrent
990-resolution by a two-thirds (2/3) vote of the membership of each
991-chamber.
992-(b) Any Joint Rule or a portio n thereof, except such joint
993-rules as are express ions of requirements contained within the
994-Oklahoma Constitution, m ay be suspended by a two -thirds (2/3) vote
995-of the membership of each chamber ; provided, a joint rule that does
996-not express a constitutional r equirement may be suspended by a two -
997-thirds (2/3) vote of the membership of a single chamber on a matter
998-affecting actions of that chamber only. In the event a joint rule
999-is suspended in one chamber pursuant to this provision, the chamber
1000-adopting the suspension shall immediately notify the opposite
1001-chamber by message.
1002-
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1028-RULE NINE
1029-OVERSIGHT COMMITTEE FOR THE LEGISLATI VE OFFICE FOR FISCAL
1030-TRANSPARENCY
1031-9.1 – Composition and Title.
1032-There shall be constituted an oversight committee whose
1033-membership is composed o f members of the House of Representatives
1034-and of the Senate. The oversight committee as set forth in Section
1035-8013 of Title 62 of the Oklahoma Statutes shall be styled as the
1036-Oversight Committee for the Legislative Office of Fiscal
1037-Transparency and shall b e hereinafter referenced in this Rule as the
1038-“LOFT Oversight Committee”.
1039-9.2 – Timing of Meetings.
1040-The dates, times and locations of meetings shall be determined
1041-by the Co-Chairs of the LOFT Oversight Committee.
1042-9.3 – Notice of Meetings.
1043-The notice and agenda for each meeting shall be determined by
1044-the Co-Chairs and shall be made available to the public, by posting
1045-on the Senate and House of Representatives websites, at least
1046-twenty-four (24) hours prior to the time of the meeting.
1047-9.4 – Authority of the Co-Chairs.
1048-(a) The Co-Chairs of the LOFT Oversight Committee shall have
1049-all authority necessary to maintain order and decorum and to ensure
1050-efficient operation of the LOFT Oversight Committee.
1051-
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1077-(b) Except as otherwise provided for by this Rule, Mason ’s
1078-Manual of Legislative Procedure shall govern the cond uct of meetings
1079-of the LOFT Oversight Committee; provided, the Co-Chairs may
1080-establish procedures for the conduct of meetings of the Committee .
1081-9.5 – Quorum.
1082-A quorum of the LOFT Oversight Committee shall co nsist of at
1083-least eight (8) members; provided, an y action by the Committee shall
1084-require the vote of at least four (4) members from each house of the
1085-Legislature.
1086-9.6 – Voting.
1087-(a) All votes cast in the LOFT Oversight Committee shall be
1088-conducted in open, public meetings.
1089-(b) Only those committee membe rs present may vote on any
1090-matter.
1091-(c) Any action by the LOFT Oversight Committee shall require
1092-the vote of at least four (4) members from ea ch house of the
1093-Legislature in favor of the question to be consid ered adopted.
1094-9.7 – Requests for Action.
1095-(a) The Legislative Office of Fiscal Transparency shall be
1096-required to submit a proposed work plan to the LOFT Oversight
1097-Committee for approval. If the LOFT Oversight Committee adopts the
1098-proposed work plan, LOFT shall be authorized to conduct any
1099-necessary action to complete the work plan.
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1126-(b) No member of the Legislature shall be authorized to use
1127-LOFT resources to conduct investigations, evaluatio ns or audits
1128-except as otherwise approved by the LOFT Oversight C ommittee or
1129-allowed by law.
1130-9.8 – Executive Director.
1131-(a) The LOFT Oversight Committee shall make an annual
1132-recommendation to both the Speaker of the House of Representatives
1133-and the President Pro Tempore of the Senate for retention or
1134-termination of the Executive Director.
1135-(b) The LOFT Executive Direc tor shall be evaluated annually and
1136-must be retained by both the Speaker of the House of Representatives
1137-and the President Pro Tempore of the Senate.
1138-RULE TEN
1139-DURATION OF JOINT RULES
1140-Joint Rules adopted in t he First Regular Session of a Legislature
1141-shall be in full force and effect during both regular sessions of
1142-the same Legislature, unless amended, modified, or repealed as
1143-provided herein.
1144-RULE ELEVEN
1145-SPECIAL SESSIONS
1146-11.1 – Legislative Deadlines .
1147-Any legislative deadlines or timing requirements establish ed by
1148-either Chamber of the Legislature or these Joint Rules shall be
1149-
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1175-inapplicable to any measure under consideration in the 2nd
1176-Extraordinary Session of the 58th Oklahoma Legislature.
1177-Adopted by the Senate the 20th day of May, 2022.
1178-
1179-
1180-
1181- Presiding Officer of the Senate
1182-
1183-
1184-Adopted by the House of Representatives the ____ day of _______,
1185-2022.
1186-
1187-
1188-
1189- Presiding Officer of the House
1190- of Representatives
1191-
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1216-
1217-ENGROSSED HOUSE
1+An Act
2+ENROLLED HOUSE
12183 BILL NO. 1022 By: Worthen of the House
12194
12205 and
12216
12227 Weaver of the Senate
12238
12249
122510
122611
122712
122813
122914 An Act relating to criminal procedure; amending 22
123015 O.S. 2011, Section 1115.1A, as last amended by
123116 Section 1, Chapter 61, O.S.L. 2013 (22 O.S. Supp.
123217 2020, Section 1115.1A), which relates to the State
123318 and Municipal Traffic, Water Safety, and Wildlife
123419 Bail Bond Procedure Act; stating effect of paying
123520 traffic fines and costs when guilty plea is not
123621 indicated on citation form; and providing an
123722 effective date.
123823
123924
124025
1241-
26+SUBJECT: Criminal Procedures
124227
124328 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
1244-SECTION 2. AMENDATORY 22 O.S. 2011, Section 1115.1A, as
29+
30+SECTION 1. AMENDATORY 22 O.S. 2011, Section 1115.1A, as
124531 last amended by Section 1, Chapter 61, O.S.L. 2013 (22 O.S. Supp.
124632 2020, Section 1115.1A), is ame nded to read as follows:
33+
124734 Section 1115.1A A. In addition to other provisions of law for
124835 posting bail, any person, whether a resident of this state or a
124936 nonresident, who is arrested by a law enforcement officer solely for
125037 a misdemeanor violation of a stat e traffic law or municipal traffic
125138 ordinance, shall be released by the arresting officer upon personal
125239 recognizance if:
125340
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127941 1. The arrested person has been issued a valid license to
128042 operate a motor vehicle by this state, another state jurisdiction
128143 within the United States, which is a participant in the Nonresident
128244 Violator Compact or any party jurisdiction of the Nonresident
128345 Violator Compact;
46+ ENR. H. B. NO. 1022 Page 2
128447 2. The arresting officer is satisfied as to the identity of the
128548 arrested person and certifies the date and time and the location of
128649 the violation, as evidence evidenced by the electronic signature of
128750 the officer;
51+
128852 3. The arrested person acknowledges, as evidenced by the
128953 electronic signature of the person, a written promise to appear as
129054 provided for on the citation, unl ess the person is unconscious or
129155 injured and requires immediate medical treatment as determined by a
129256 treating physician; and
57+
129358 4. The violation does not constitute:
59+
129460 a. a felony,
61+
129562 b. negligent homicide,
63+
129664 c. driving or being in actual physical control of a motor
129765 vehicle while impaired or under the influence of
129866 alcohol or other intoxicating substances, unless the
129967 person is unconscious or injured and requires
130068 immediate medical treatment as determined by a
130169 treating physician,
130270
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132871 d. eluding or attempting to elude a law enforcement
132972 officer,
73+
133074 e. operating a motor vehicle without having been issued a
133175 valid driver license or while the driving privilege
133276 and driver license is under suspension, revocation,
133377 denial or cancellation,
78+
133479 f. an arrest based upon an outstanding wa rrant, or
80+
133581 g. a traffic violation coupled with any offense stated in
133682 subparagraphs a through f of this paragraph.
83+
133784 B. If the arrested person is eligible for release on personal
133885 recognizance as provided for in subsection A of this section, then
133986 the arresting officer shall on the citation:
87+
134088 1. Designate the traffic charge;
89+
134190 2. Record information from the driver license of the arrested
1342-person on the citation form, including the name, addres s, date of
91+person on the citation form, including the name, address, date of ENR. H. B. NO. 1022 Page 3
134392 birth, physical description, type of driver license, driv er license
134493 number, issuing state, and expiration date;
94+
134595 3. Record the motor vehicle make, model and tag information;
96+
134697 4. Record the date and time on which, or before which, the
134798 arrested person promises, as evidenced by the electronic signature
134899 of the person, to contact, pay, or appear at the court, as
1349100 applicable to the court;
1350101
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1376102 5. Record the electronic signature of the arrested person which
1377103 shall serve as evidence and acknowledgment of a promise to contact,
1378104 pay, or appear at the court, as provided for in the citation; and
105+
1379106 6. Record the electronic signature of the arrested person which
1380107 shall serve as evidence to certify the date and time and the
1381108 location that the arrested person was served with a copy of the
1382109 citation and notice to appear,
110+
1383111 after which, the arresting officer shall then release the person
1384112 upon personal recognizance based upon the acknowledged promise to
1385113 appear. The citation shall contain a written notice to the arrested
1386114 person that release upon personal recognizance based upon an
1387115 acknowledged promise to appear, as evidenced by the electronic
1388116 signature of the person, for arraignment is conditional and that
1389117 failure to timely appear for arraignment shall result in the
1390118 suspension of the driving privilege and driver license of the
1391119 arrested person in this state, or in the home state of the
1392120 nonresident pursuant to the Nonresident Violator Compact.
121+
1393122 C. The court, or the court clerk as directed by the court, may
1394123 continue or reschedule the date and time of arraignment at the
1395124 discretion of the court or upon request of the arrested person or
1396125 the attorney for that person. If the arraignment is continued or
1397126 rescheduled, the arrested person shall remain on personal
1398127 recognizance and acknowledged promise to appear until such
1399128 arraignment, in the same manner a nd with the same consequences as if
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1426129 the continued or rescheduled arraignment was entered on the citation
1427130 by the arresting officer and electronically signed by the defendant.
1428131 An arraignment may be continued or rescheduled more than one time.
1429132 Provided, however, the court shall require an arraignment to be had
1430133 within a reasonable time. It shall remain the duty of the defendant
1431134 to appear for arraignment unless the citation is satisfied as
1432135 provided for in subsection D of this section.
136+ ENR. H. B. NO. 1022 Page 4
1433137 D. A defendant release d upon personal recognizance may elect to
1434138 enter a plea of guilty or nolo contendere to the violation charged
1435139 at any time before the defendant is required to appear for
1436140 arraignment by indicating such plea on the copy of the citation
1437141 furnished to the defenda nt or on a legible copy, together with the
1438142 date of the plea and signature of the defendant, or such plea may be
1439143 entered by the defendant using an electronic method provided by the
1440144 court for such purposes, either through the website of the court or
1441145 otherwise. The defendant shall be responsible for assuring full
1442146 payment of the fine and costs to the appropriate court clerk.
1443147 Payment of the fine and costs may be made by personal, cashier 's,
1444148 traveler's, certified or guaranteed bank check, postal or commercial
1445149 money order, or other form of payment approved by the court in an
1446150 amount prescribed as bail for the offense. Provided, however, the
1447151 defendant shall not use currency for payment by mail. If the
1448152 defendant has entered a Payment of the fine and costs which is not
1449153 accompanied by a written plea of guilty or nolo contendere shall
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1476154 constitute a plea of nolo contendere entered by the defendant as
1477155 allowed by law, and shall function as a written, dated and signed
1478156 citation form acceptable to the court . A plea of guilty or nolo
1479157 contendere as provided for in this subsection , such plea shall be
1480158 accepted by the court and the amount of the fine and costs shall be:
159+
1481160 1. As prescribed in Section 1115.3 of this title as bail for
1482161 the violation;
162+
1483163 2. In case of a municipal viola tion, as prescribed by municipal
1484164 ordinance for the violation charged; or
165+
1485166 3. In the absence of such law or ordinance, then as prescribed
1486167 by the court.
168+
1487169 E. 1. If, pursuant to the provisions of subsection D of this
1488170 section, the defendant does not timely e lect to enter a plea of
1489171 guilty or nolo contendere and fails to timely appear for
1490172 arraignment, the court may issue a warrant for the arrest of the
1491173 defendant. The municipal or district court clerk, within one
1492174 hundred twenty (120) calendar days from the date the citation was
1493175 issued by the arresting officer, shall notify the Department of
1494176 Public Safety that:
177+
1495178 a. the defendant was issued a traffic citation and
1496179 released upon personal recognizance after
1497180 acknowledging a written promise to appear for
1498-arraignment as provided for in the citation,
1499-
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1524182
1525183 b. the defendant has failed to appear for arraignment
1526184 without good cause shown,
185+
1527186 c. the defendant has not posted bail, paid a fine, or
1528187 made any other arrangement with the court to satisfy
1529188 the citation, and
189+
1530190 d. the citation has not been satisfied as provided by
1531191 law.
192+
1532193 Additionally, the court clerk shall request the Department of Public
1533194 Safety to either suspend the driving privilege and driver license of
1534195 the defendant to operate a motor vehicle in this state, or notify
1535196 the home state of the defendant and request suspension of the
1536197 driving privilege and driver license of the defendant in accordance
1537198 with the provisions of the Nonresident Violator Compact. The notice
1538199 and request shall be on a form approved or furnished by the
1539200 Department of Public Safety.
201+
1540202 2. The court clerk shall not process the notification and
1541203 request provided for in paragraph 1 of this subsection if, with
1542204 respect to such charges:
205+
1543206 a. the defendant was arraigned, posted bail, paid a fine,
1544207 was jailed, or otherwise settled the case,
208+
1545209 b. the defendant was not released upon personal
1546210 recognizance upon an acknowledged written promise to
1547211 appear as provided for in this section or if released,
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1574212 was not permitted to remain on such personal
1575213 recognizance for arraignment,
214+
1576215 c. the violation relates to parking or standing, or
216+
1577217 d. a period of one hundred twenty (120) calendar days or
1578218 more has elapsed from the date the citation was issued
1579219 by the arresting officer.
220+
1580221 F. Following receipt of the notice and request from the court
1581222 clerk for driving privilege and driver license suspension as
1582223 provided for in subsection E of this section, the Department of
1583224 Public Safety shall proceed as provided for in Section 1115.5 of
1584225 this title.
226+ ENR. H. B. NO. 1022 Page 6
1585227 G. The municipal or district court clerk shall maintain a
1586228 record of each request for driving privilege and driver license
1587229 suspension submitted to the Department of Public Safety pursuant to
1588230 the provisions of this section. When the court or court clerk
1589231 receives appropriate bail or payment of the fine and costs, s ettles
1590232 the citation, makes other arrangements with the defendant, or
1591233 otherwise closes the case, the court clerk shall furnish proof
1592234 thereof to the defendant, if the defendant personally appears, or
1593235 shall mail such proof by first -class mail, postage prepaid , to the
1594236 defendant at the address noted on the citation or at such other
1595237 address as is furnished by the defendant or by e-mail email if the
1596238 defendant has furnished an e-mail email address for such purposes.
1597239 Additionally, the court or court clerk shall not ify the home
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1624240 jurisdiction of the defendant as listed on the citation, if such
1625241 jurisdiction is a member of the Nonresident Violator Compact, and
1626242 shall, in all other cases, notify the Department of the resolution
1627243 of the case. The form of proof and the proce dures for notification
1628244 shall be approved by the Department of Public Safety. Provided
1629245 however, failure by the court or court clerk to furnish such proof
1630246 or notice in the manner provided for in this subsection shall in no
1631247 event create any civil liability u pon the court, the court clerk,
1632248 the State of Oklahoma or any political subdivision thereof, or any
1633249 state department or agency or any employee thereof but duplicate
1634250 proof shall be furnished to the person entitled to such proof or
1635251 notice upon request.
252+
1636253 H. For purposes of this section, "electronic signature " shall
1637254 have the same meaning as defined in Section 15 -102 of Title 12A of
1638255 the Oklahoma Statutes.
1639-SECTION 3. This act shall become effective Nov ember 1, 2021.
256+
257+SECTION 2. This act shall become effective November 1, 2021.
1640258
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260+ ENR. H. B. NO. 1022 Page 7
1667261 Passed the House of Repres entatives the 1st day of March, 2021.
1668262
1669263
1670264
1671265
1672266 Presiding Officer of the House
1673267 of Representatives
1674268
1675269
1676-Passed the Senate the ___ day of __________, 2021.
270+Passed the Senate the 12th day of April, 2021.
1677271
1678272
1679273
1680274
1681275 Presiding Officer of the Senate
1682276
1683277
1684278
279+OFFICE OF THE GOVERNOR
280+Received by the Office of the Governor this ___ _________________
281+day of ___________________, 20_______, at _______ o'clock _______ M.
282+By: _________________________________
283+Approved by the Governor of the State of Oklahoma this _________
284+day of ___________________, 20_______, at _______ o'clock _______ M.
285+
286+
287+ _________________________________
288+ Governor of the State of Oklahoma
289+
290+OFFICE OF THE SECRETARY OF STATE
291+Received by the Office of the Secretary of State this __________
292+day of ___________________, 20_______, at _______ o'clock _______ M.
293+By: _________________________________
294+