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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE CONCURRENT
RESOLUTION NO. 1022 Echols of the House
and
McCortney of the Senate
A Concurrent Resolution relating to Joint Rules;
amending Joint Rules for the 58th Oklahoma
Legislature.
AMENDMENT NO. 1. Page 1, strike the title, resolving clause and
entire resolution and insert
A Concurrent Resolution relating to Joint Rules;
amending Joint Rules for the 58th Oklahoma
Legislature.
BE IT RESOLVED BY THE HOUSE OF RE PRESENTATIVES OF THE 2ND SESSION OF
THE 58TH OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN:
SECTION 1. The Joint Rules of the 58th Oklahoma Legislature are
amended to read as follows:
JOINT RULES
58th OKLAHOMA LEGISLATURE
2021-2022
PREAMBLE
The Oklahoma Legislature hereby adopts the following joint rules
to govern its operations and procedures pursuant to Article V,
Section 30 of the Oklahoma Constitution.
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RULE ONE
JOINT SESSIONS
(a) The Officers of joint sessions of the Legislature shall be
the President of the Senate, the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, the
Secretary of the Senate, and the Clerk of the House of
Representatives.
(b) Upon the convening of a joint session of the Legisl ature,
the Secretary of the Senate and the Clerk of the House of
Representatives shall keep a report of the proceedings to be
published in the journals of their respective chambers.
RULE TWO
COMMUNICATIONS BETWEEN SENATE AND HOUSE
All bills, resolutions, v otes and amendments by either chamber,
to which the concurrence of both is necessary, as well as messages,
shall be presented to the other und er the signature of the Clerk or
Secretary of the chamber from wh ich they are transmitted. Messages
between the chambers shall be sent only while the receiving chamber
is sitting.
RULE THREE
AVAILABILITY OF LEGISLATION
Neither chamber of the Oklahoma Legi slature shall consider
legislation unless said legislation has be en made available on a
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previous legislative day t o the members of the chamber then having
custody of the measure.
RULE FOUR
JOINT COMMITTEES
CHAPTER A:
IN GENERAL
4.1 – Co-Chairs and Co-Vice Chairs.
(a) The President Pro Tempore of the Senate shall appoin t a Co-
Chair and Co-Vice Chair to each Joint Committee. The Speaker of the
House of Representatives shall appoint a Co -Chair and Co-Vice Chair
to each Joint Committee.
(b) While considering a bill or resolution in a joint meeting,
Joint Committees shall be presided over by the member appointed as a
Co-Chair by the proposed legislation’s chamber of origin unless
otherwise determined by the Joint Committee.
(c) When meeting jointly or separat ely, the Co-Vice Chair shall
assume the duties of the Co -Chair for the same chamber during the
absence of or at the request of the Co-Chair.
4.2 – Timing of Meetings.
The dates, times, and locations of separate meetings shall be
determined by the Speaker o f the House of Representatives and the
President Pro Tempore of t he Senate for their respecti ve
delegations.
4.3 – Notice of Meetings.
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Unless otherwise established by agreement between the Speaker of
the House of Representatives and the President Pro Tempo re of the
Senate, twenty-four (24) hours of notice to the public shall be
provided for meetings of Joint Committee s whether such meeting shall
be held jointly or separately.
4.4 – Open Meetings.
Meetings of Joint Committees shall be open to the public.
4.5 – Calendar of Business.
Unless otherwise established by agreemen t between the Speaker of
the House of Representat ives and the President Pro Tempore of the
Senate, the Co-Chairs of a Joint Committee shall establish the
calendar of business for that Joint C ommittee.
4.6 – Authority of Co-Chairs and Co-Vice Chairs.
(a) The presiding Co-Chair or Co-Vice Chair of a Joint
Committee shall have all authority necessary to maintain order and
decorum and to ensure efficient operation of the Joint Committee.
(b) Except as otherwise provided for by this Rule, when meeting
separately, each chamber’s respective Rules governing the conduct of
committee meetings shall apply to meetings of a Joint Committee;
provided, the Co-Chairs of the Joint Committee may establish
procedures for the conduct of joint meetings of the Joint Committee.
4.7 – Quorum.
(a) In a joint meeting, a quorum s hall be considered present
only when a majority of the members appointed by the House of
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Representatives and a majority of the members appoint ed by the
Senate are present.
(b) In a separate meeting convened either by the Speaker of the
House of Representatives or by the President Pro Tempore of the
Senate, a quorum shall be considered present when a majority of the
members from the convening ch amber are present.
4.8 – Voting.
(a) All votes cast in a Joint C ommittee shall be conducted in
open, public meetings.
(b) Only those committee members present may vote on any
matter.
(c) A proposed recommendation shall not be considered adopted
by a Joint Committee unless a majority of a quorum of the members
appointed by the House of Representatives and a majority of a quorum
of the members appointed by the Senate shall have both, at some time
in the course of the present biennium, voted in favor of the
question.
4.9 – Deadlines.
(a) Measures referred to a Joint Com mittee shall not be subject
to the legislative de adlines regularly adopted by the Legislature.
(b) If a Joint Committee does not report a bill or resolution
with a recommendation prior to Si ne Die Adjournment of the First
Regular Session of the biennium, the bill or resolution shall remain
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in the custody of the Joint Committee and shall carry over to the
Second Regular Session of the biennium with the same status.
(c) The Speaker of the Hous e of Representatives and the
President Pro Tempore of the Senate may establish other deadlines
applicable to Joint Committees.
4.10 – Security.
(a) Unless otherwise established by agreement between the
Speaker of the House of Representatives and the Presi dent Pro
Tempore of the Senate, the Co -Chairs of a Joint Committe e created
pursuant to this Rule shall jointly det ermine what security
arrangements shall be necessary for each Joint Committee meeting.
(b) Unless otherwise established by agreement between the
Speaker of the House of Representatives and the President Pro
Tempore of the Senate, the Co -Chairs of a Joint Committee created
pursuant to this Rule shall individually determine what security
arrangements shall be necessary for separately convened com mittee
meetings.
CHAPTER B:
APPROPRIATIONS AND BUDGET
4.11 - Composition and Title.
(a) There shall be constitute d a joint committee whose
membership is composed of members of the House of Representatives
and of the Senate. The joint committee establishe d by this Rule
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shall be styled as the Joint Committee on Ap propriations and Budget
and shall be hereinafter refere nced as “JCAB”.
(b) The members of the Senate appointed to serve on the Senate
Committee on Appropriations shall also be the members of the J oint
Committee, provided, such membership may be changed b y the President
Pro Tempore of the Senate. The members of the House of
Representatives appointed to serve on House Committee on
Appropriations and Budget shall also be the members of JCAB;
provided, such membership may be changed by the Speaker of the Hou se
of Representatives. Ex officio members of the commit tees of each
respective chamber shall be ex officio and voting members of JCAB.
4.12 – Amendments.
Legislation referred to JCAB shall not be amended other than by
adoption of a committee substitute authored by the Co-Chairs of
JCAB.
4.13 – Recommendations.
(a) A recommendation by JCAB of “Do Pass” or “Do Pass, As
Amended” shall constitute a favorable recommendation.
(b) Upon adoption of a favo rable recommendation by JCAB, the
Co-Chairs shall cause a joint committee report to be created
recording the ayes and the nays. Said report shall be filed with
the chief legislative officer of the recommended legislation ’s
chamber of origin.
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(c) All legislation receiving a favorable recommendation by
JCAB to the chamber of origin shall contain a complete Title and a n
Enacting or Resolving Clause.
(d) No measure shall be recommended by JCAB to the chamber of
origin which does not have a fiscal impact. A fiscal impact may
arise from provisions affecting r evenues or expenditures or from
provisions giving rise to a fis cal impact upon any governmental
subdivision of the State of Oklahoma.
4.14 – Joint Calendar for Appropriations and Budget.
(a) There shall be constituted a joint calendar upon which only
those measures receiving a favorable recommendation by JCAB shall be
published. The joint calendar established by this Rule shall be
styled as the Joint Calendar on Appropriations and Budget and shall
be hereinafter referenced in this Rule as the “Joint Calendar”.
(b) Upon filing with the chief legislative offi cer of the
chamber of origin, the joint committee report shall be published to
the Joint Calendar. When published to the Joint Calendar, said
report shall be distributed to the members of the House of
Representatives and Senate and shall be made available to the public
on a legislative day prior to consideration in the chamber of
origin.
(c) The distribution and public availability requirements of
paragraph (b) of this Rule shall fulfill all internal and external
distribution and availability requirement s for both chambers of the
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Legislature for measures receiving a favorable recommendation by the
Joint Committee.
4.15 – Consideration in Chamber of Orig in.
(a) If a measure favorably reported by JCAB is scheduled for
consideration, the joint committee r eport, prior to advancement of
the measure from General Order to Third Reading and Final Passage,
shall undergo consideration and shall either be adopted or rejected.
(b) Upon adoption of the joint committee report, th e bill or
resolution shall be consid ered advanced from General Order, and on
Third Reading and Final Passage.
(c) If a motion to reject the joint committee report is
adopted, the report and the measure shall be returned to the custody
of the Joint Committ ee.
(d) No bill or resolution rec eiving a recommendation from the
Joint Committee of “Do Pass” or “Do Pass, As Amended” shall be
subject to amendment.
(e) Upon approval of the bill or resol ution on Third Reading
and Final Passage, the measure shall be en grossed to the opposite
house in the same manner as other measures are engrossed.
4.16 – Consideration in the Opposite Chamber.
(a) Upon consideration in the opposite chamber, the joint
committee report, prior to advancement of the measure from General
Order to Third Reading and Final Passage, shall undergo
consideration and shall either be adopted or rejected.
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(b) Upon adoption of the joint committee report in the opposite
chamber, the bill or resolution shall be considered advanced from
General Order, engrossed and on Third Reading and Final Passage.
(c) If a motion to reject the joint committee report is
adopted, the report and the measure shall be returned to the custody
of the Joint Committee.
(d) No bill or resolution receiving a recommendation fro m the
Joint Committee of “Do Pass” or “Do Pass, As Amended” shall be
subject to amendment.
CHAPTER C:
ADMINISTRATIVE RULES
4.17 – Composition and Title.
(a) There shall be constituted a join t committee whose
membership is composed of members of the House of Representatives
and of the Senate. The joint committee established by this Rule
shall be styled as the Joint Committee on Administrative Rules and
shall be hereinafter referenced as “JCAR”.
(b) The President Pro Tempore of the Senate shall appoint
members of the Senate to JCAR to serve at the pleasu re of the Senate
Pro Tempore. The Speaker of the House of Representatives shall
appoint members of the House of Representatives to JCAR to se rve at
the pleasure of the Speaker of the House of Representative s. Ex
officio members of the committees of each respective chamber shall
be ex officio and voting members of JCAR.
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4.18 – Recommendations.
(a) Action by JCAR may be by motion to “recommend approval”,
“recommend approval in part ”, “recommend disapproval ”, “recommend
agency amendment”, or “recommend agency further consideration”.
(b) Upon adoption of a favorable recommendation by JCAR, the
Co-Chairs shall cause a joint committee report to be created
recording the ayes and the nays. Said report shall be fi led with
the chief legislative officer of the rec ommended legislation’s
chamber of origin.
4.19 – Joint Calendar for Administrative Rules.
(a) There shall be constituted a joint calendar upo n which
measures receiving a recommendation by JCAR shall be publ ished. The
joint calendar established by this Ru le shall be styled as the Joint
Calendar on Administrative Rules and shall be hereinafter referenced
in this Rule as the “JCAR Calendar”.
(b) Upon filing with the chief legislative officer of the
chamber of origin, the JCAR report shall be published to th e JCAR
Calendar. When published to the JCAR Calendar, said report shall be
distributed to the members of the House of Representatives and
Senate and shall be made available to the public on a legi slative
day prior to consideration in the chamber of origin .
(c) The distribution and public availability requirements of
paragraph (b) of this Rule shall fulfill all internal and external
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distribution and availability requirements for both chambers of t he
Legislature for measures receiving a recommendation by JC AR.
4.20 – Consideration in Chamber of Origin.
(a) If a measure reported by JCAR is scheduled for
consideration, the JCAR report, prior to ad vancement of the measure
from General Order to Third Reading and Final Passage, shall undergo
consideration and sh all either be adopted or rejected.
(b) Upon adoption of the JCAR report, the measure shall be
considered advanced from General Order, and on Third Reading and
Final Passage.
(c) If a motion to reject the JCAR report is adopted, the
report and the measure shall be returned to the custody of JCAR.
(d) No bill or resolution receiving a recommendation from JCAR
shall be subject to amendment.
(e) Upon approval of the measure on Third Reading a nd Final
Passage, the measure shall be engrossed to the opposite c hamber in
the same manner as other measures are engrossed.
4.21 – Consideration in the Opposite Chamber.
(a) Upon consideration in the opposi te chamber, the JCAR
report, prior to advancem ent of the measure from General Order to
Third Reading and Final Pas sage, shall undergo consideration and
shall either be adopted or rejected.
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(b) Upon adoption of the JCAR report in the opposite chamber,
the bill or resolution shall be considered advanc ed from General
Order, engrossed, and on Third Reading and Final Pass age.
(c) If a motion to reject the JCAR report is adopted, the
report and the measure shall be returned to the custody of JCAR.
(d) No bill or resolution receiving a recommendation fr om JCAR
shall be subject to amendment.
RULE FIVE
CONFERENCE COMMITTEES
5.1 - Procedures.
(a) When a bill or resolution is returned by either chamber to
the other with amendments, and the chamber where the bill or
resolution originated refuses to concur in said amendments, a
conference, by a majority vote of those present and voting, may be
requested. Such action shall be transmitted by message which shall
include the names of the conferees on the part of the requ esting
chamber. Upon receipt of s uch message, the other chamber may, in
like manner, grant such conference, notif ying the requesting chamber
by message stating therein the names of its conferees.
(b) In case of agreement by a majority of the members of e ach
chamber, the conference commi ttee report shall first be made to the
chamber of origin, and there acted upon, t he action taken to be
immediately reported, by message, by the Secretary or the Clerk to
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the other chamber. The conference committee report s hall be signed
by a majority of the conferees appointed by each c hamber.
(c) In the event of the failure of eithe r chamber to adopt the
conference committee report, the bill or resolution as reported by
the conference committee shall remain with the chamb er where the
failure to adopt occurred and that chamber may, at a ny time
thereafter, request further conference an d the original or new
conferees shall be appointed for the further consideration of
amendments. In the event that the conference committee re port is
rejected and further con ference is requested, the bill or resolution
shall be in custody of the chamber of origin.
(d) In case the conferees of the two chambers are unable to
agree they shall report that fact to the chamber of origin by filing
a conference committee report stat ing “conferees are unable to
agree”. The bill or joint resolution shall revert to the status it
occupied before being sent to conference committee.
(e) It shall be within the exclusive jurisdiction of the
chamber of origin:
1. to determine the germane ness of all amendments proposed by
the opposite chamber to the bills and joint resolu tions of the
chamber of origin; and
2. to determine the germaneness of all conference committee
substitutes as well as any other changes made within a conference
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committee report to the bills and joint reso lutions of the chamber
of origin.
5.2 – Joint Conference Calendar.
(a) The President Pro Tempore of the Senate and the Speaker of
the House of Representatives may establish a joint calendar for
publication of confere nce committee reports.
(b) Unless otherwise established by agreement between the
Speaker of the House of Representatives and the President Pro
Tempore of the Senate, a conference committee report, upon filing
with the chief legis lative officer of the cha mber of origin, may be
published to the Joint Conference Calendar. When published to the
Joint Conference Calendar, said report shall be distributed to the
members of the House of Representatives and Senate and shall be made
available to the public on a l egislative day prior to consideration
in the chamber of origin.
RULE SIX
RECALL OF MEASURES FROM GOVERNOR
Bills and joint resolutions presented to the Governor, and on
which action by the Governor is pending, may be recalled only b y a
concurrent resolution introduced in the chamber of origin of said
bill or joint resolution and adopted by both chambers; provided,
however, bills and joint resolutions may be recalled from the
Governor upon a joint request of the presiding officers of both
chambers for the exclusive purpose of correcting typographic al and
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grammatical errors therein when such reque st for recall identifies
the errors to be corrected. The amendment of such bill or joint
resolution recalled on request of the presiding offi cers shall be
limited to the correction of errors as stated in th e recall request.
The recall request shall be pr inted in full in the journal of each
chamber.
RULE SEVEN
LEGISLATIVE SCHEDULE
(a) The First Regular Session of the 58th Oklahoma Legislature
shall adhere to the following procedure schedule:
1. January 21, 2021, no later than 4:00 p.m., shall be the
deadline for introduction of bills and joint resolutions in the
Senate and House of Representatives for consideration on the floor
of the House of Representatives or Senate during the First Regular
Session.
2. March 11, 2021, shall be the final legislative da y for Third
Reading and Final Passage of a bill or joint resolution in the
chamber of origin.
3. April 22, 2021, shall be the final legisla tive day for Third
Reading and Final Passage of a bill or joint res olution in the
chamber opposite the chamber of or igin.
4. The First Regular Session of the 58th Oklahoma Legislature
shall adjourn sine die not later than 5:00 p.m. on May 28, 2021.
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5. Upon a two-thirds (2/3) vote of the membership of both
chambers, a bill or joint resolution may be exempted from all
deadline dates in both chambers; provided, each chamber may adopt
rules which supersede the provisions of this Rule.
(b) The Second Regul ar Session of the 58th Oklahoma Legislature
shall adhere to the follow ing procedure schedule:
1. December 10, 2021, sh all be the final date for requesting
the drafting of bills and joint resolutions in the House of
Representatives and Senate for introduc tion for consideration during
the Second Regular Session.
2. January 20, 2022, no later than 4:00 p.m., shall be the
deadline for introduction of bills and joint resolutions in the
Senate and House of Representatives for consideration on the floor
of the House of Representatives or Senate during the Second Regular
Session.
3. The Second Regular Session of the 58th Oklahom a Legislature
shall convene at twelve noon on February 7, 2022.
4. March 24, 2022, shall be the final legislative day for Third
Reading and Final Passage of a bill or joint resolution in the
chamber of origin.
5. April 28, 2022, shall be the final legisl ative day for Third
Reading and Final Passage of a bill or joint resolution in the
chamber opposite the chamber of origin.
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6. The Second Regular Session of the 58th Oklahoma Legislature
shall adjourn sine d ie not later than 5:00 p.m. on May 27, 2022.
7. Upon a two-thirds (2/3) vote of the membership of both
chambers, a bill or joint resolution can be exempted from all
deadline dates in both chambers; provided, each chamber may adopt
rules which supersede th e provisions of this Rule.
(c) This schedule may be amended or modified by the adoption of
a concurrent resolution by a majority vote of the membership of each
chamber.
(d) This schedule shall be inapplicable to any joint resolution
introduced for the pu rpose of disapproving or approving agency rules
pursuant to the provisions of the Administrative Procedures Act, or
for the purpose of disapproving or approving standards ado pted by
the State Board of Education as set forth in Section 11 -103.6a-1 of
Title 70 of the Oklahoma Statutes.
(e) This schedule s hall be inapplicable to any bills introduced
for the purposes of incorporating and merging different versions of
a statute amended in more than one measure at the same or different
sessions of the Legislatur e as set forth in Section 23.1 of Title 75
of the Oklahoma Statutes.
(f) This schedule shall be inapplicable to any bill or joint
resolution introduced for the purpose of approving, disapproving,
repealing or modifying rules of the Ethics Commission pursu ant to
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the provisions of Section 3 of Article XXI X of the Oklahoma
Constitution.
(g) This schedule shall be inapplicable to any bill or joint
resolution which proposes a special or local law and for which
notice of intended introduction is published in a newspaper for four
consecutive weeks pursuant to the provisions of Section 32 of
Article V of the Oklahoma Constitution.
(h) The dates specified in this Rule for introdu ction of bills
or joint resolutions shall be inapplicable to any bill or joint
resolution which contains an “RB” number pursuant to the provisions
of the Oklahoma Pension Legislation Actuarial Analysis Act. Such
measures shall be submitted to the legislat ive actuary not later
than such dates, and may be introduced not later than the first
Monday in February following such submission.
(i) This schedule shall be inapplicable to any bill or joint
resolution authored by the chairs and vice -chairs of the Senate
Appropriations Committee and the House Appropriations and Budget
Committee which affects the receipt, expenditure or budgeting of
state funds or funds under the control of an entity created by state
law.
(j) This schedule shall be inapplicable to any bill or joint
resolution authored by the President Pro Tempore of the Senate and
the Speaker of the House of Representatives which is dee med by them
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to be necessary for the preservation of public peace, healt h or
safety.
(k) This schedule shall be inapplicable to any bill or jo int
resolution authored by the President Pro Tempore of the Senat e and
the Speaker of the House of Representatives which provides for
redistricting.
RULE EIGHT
ADOPTION, AMENDMENT OR SUSPENSION OF JOINT RULES
(a) Joint Rules shall be adopted by a concurre nt resolution by
a majority vote of the membership of each chambe r. Thereafter,
except as provided in paragraph ( c) of Rule Seven, said Rules may be
amended, modified or repealed o nly by the adoption of a concurrent
resolution by a two-thirds (2/3) vote of the membership of each
chamber.
(b) Any Joint Rule or a portio n thereof, except such joint
rules as are express ions of requirements contained within the
Oklahoma Constitution, m ay be suspended by a two -thirds (2/3) vote
of the membership of each chamber ; provided, a joint rule that does
not express a constitutional r equirement may be suspended by a two -
thirds (2/3) vote of the membership of a single chamber on a matter
affecting actions of that chamber only. In the event a joint rule
is suspended in one chamber pursuant to this provision, the chamber
adopting the suspension shall immediately notify the opposite
chamber by message.
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RULE NINE
OVERSIGHT COMMITTEE FOR THE LEGISLATI VE OFFICE FOR FISCAL
TRANSPARENCY
9.1 – Composition and Title.
There shall be constituted an oversight committee whose
membership is composed o f members of the House of Representatives
and of the Senate. The oversight committee as set forth in Section
8013 of Title 62 of the Oklahoma Statutes shall be styled as the
Oversight Committee for the Legislative Office of Fiscal
Transparency and shall b e hereinafter referenced in this Rule as the
“LOFT Oversight Committee”.
9.2 – Timing of Meetings.
The dates, times and locations of meetings shall be determined
by the Co-Chairs of the LOFT Oversight Committee.
9.3 – Notice of Meetings.
The notice and agenda for each meeting shall be determined by
the Co-Chairs and shall be made available to the public, by posting
on the Senate and House of Representatives websites, at least
twenty-four (24) hours prior to the time of the meeting.
9.4 – Authority of the Co-Chairs.
(a) The Co-Chairs of the LOFT Oversight Committee shall have
all authority necessary to maintain order and decorum and to ensure
efficient operation of the LOFT Oversight Committee.
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(b) Except as otherwise provided for by this Rule, Mason ’s
Manual of Legislative Procedure shall govern the cond uct of meetings
of the LOFT Oversight Committee; provided, the Co-Chairs may
establish procedures for the conduct of meetings of the Committee .
9.5 – Quorum.
A quorum of the LOFT Oversight Committee shall co nsist of at
least eight (8) members; provided, an y action by the Committee shall
require the vote of at least four (4) members from each house of the
Legislature.
9.6 – Voting.
(a) All votes cast in the LOFT Oversight Committee shall be
conducted in open, public meetings.
(b) Only those committee membe rs present may vote on any
matter.
(c) Any action by the LOFT Oversight Committee shall require
the vote of at least four (4) members from ea ch house of the
Legislature in favor of the question to be consid ered adopted.
9.7 – Requests for Action.
(a) The Legislative Office of Fiscal Transparency shall be
required to submit a proposed work plan to the LOFT Oversight
Committee for approval. If the LOFT Oversight Committee adopts the
proposed work plan, LOFT shall be authorized to conduct any
necessary action to complete the work plan.
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(b) No member of the Legislature shall be authorized to use
LOFT resources to conduct investigations, evaluatio ns or audits
except as otherwise approved by the LOFT Oversight C ommittee or
allowed by law.
9.8 – Executive Director.
(a) The LOFT Oversight Committee shall make an annual
recommendation to both the Speaker of the House of Representatives
and the President Pro Tempore of the Senate for retention or
termination of the Executive Director.
(b) The LOFT Executive Direc tor shall be evaluated annually and
must be retained by both the Speaker of the House of Representatives
and the President Pro Tempore of the Senate.
RULE TEN
DURATION OF JOINT RULES
Joint Rules adopted in t he First Regular Session of a Legislature
shall be in full force and effect during both regular sessions of
the same Legislature, unless amended, modified, or repealed as
provided herein.
RULE ELEVEN
SPECIAL SESSIONS
11.1 – Legislative Deadlines .
Any legislative deadlines or timing requirements establish ed by
either Chamber of the Legislature or these Joint Rules shall be
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inapplicable to any measure under consideration in the 2nd
Extraordinary Session of the 58th Oklahoma Legislature.
Adopted by the Senate the 20th day of May, 2022.
Presiding Officer of the Senate
Adopted by the House of Representatives the ____ day of _______,
2022.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 1022 By: Worthen of the House
and
Weaver of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2011, Section 1115.1A, as last amended by
Section 1, Chapter 61, O.S.L. 2013 (22 O.S. Supp.
2020, Section 1115.1A), which relates to the State
and Municipal Traffic, Water Safety, and Wildlife
Bail Bond Procedure Act; stating effect of paying
traffic fines and costs when guilty plea is not
indicated on citation form; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 2. AMENDATORY 22 O.S. 2011, Section 1115.1A, as
last amended by Section 1, Chapter 61, O.S.L. 2013 (22 O.S. Supp.
2020, Section 1115.1A), is amended to read as follows:
Section 1115.1A A. In addition to other provisions of law for
posting bail, any person, whether a resident of this state or a
nonresident, who is arrested by a law enforcement officer solely for
a misdemeanor violation of a state traffic law or municipal tr affic
ordinance, shall be released by the arresting officer upon personal
recognizance if:
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1. The arrested person has been issued a valid licens e to
operate a motor vehicle by this state, another state jurisdiction
within the United States, which is a par ticipant in the Nonresident
Violator Compact or any party jurisdiction of the Nonresident
Violator Compact;
2. The arresting officer is satisfie d as to the identity of the
arrested person and certifies the date and time and the location of
the violation, as evidence evidenced by the electronic signature of
the officer;
3. The arrested person acknowledges, as evidenced by the
electronic signature of the person, a written promise to appear as
provided for on the citation, unless the person is unconscious or
injured and requires immediate medical treatment as determined by a
treating physician; and
4. The violation does not constitute:
a. a felony,
b. negligent homicide,
c. driving or being in actual physical control of a motor
vehicle while impaired or unde r the influence of
alcohol or other intoxicating substances, unless the
person is unconscious or injured and requires
immediate medical treatment as determined by a
treating physician,
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d. eluding or attempting to elude a law enforcement
officer,
e. operating a motor vehicle without having been issued a
valid driver license or while the driving privilege
and driver license is under suspension, revoc ation,
denial or cancellation,
f. an arrest based upon an outstanding warrant, or
g. a traffic violation couple d with any offense stated in
subparagraphs a through f of this paragraph.
B. If the arrested person is eligible for release on personal
recognizance as provided for in subsection A of this section, then
the arresting officer shall on the citation:
1. Designate the traffic charge;
2. Record information from the driver license of the arrested
person on the citation form, including the name, addres s, date of
birth, physical description, type of driver license, driver license
number, issuing state, and expir ation date;
3. Record the motor vehicle make, model and tag information;
4. Record the date and time on which, or before which, the
arrested person promises, as evidenced by the electronic signature
of the person, to contact, pay, or appear at the court, as
applicable to the court;
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5. Record the electronic signature of the arrested person which
shall serve as evidence and acknowledgment of a pro mise to contact,
pay, or appear at the court, as provided for in the citation; and
6. Record the electronic si gnature of the arrested person which
shall serve as evidence to certify the date and time and the
location that the arrested person was served wi th a copy of the
citation and notice to appear,
after which, the arresting officer shall then release the perso n
upon personal recognizance based upon the acknowledged promise to
appear. The citation shall contain a written notice to the arrested
person that release upon personal recognizance based upon an
acknowledged promise to appear, as evidenced by the electr onic
signature of the person, for arraignment is conditional and that
failure to timely appear for arraignment shall result in the
suspension of the driving privilege and driver license of the
arrested person in this state, or in the home state of the
nonresident pursuant to the Nonresident Violator Compact.
C. The court, or the court clerk as directed by the court, may
continue or reschedule the date and time of arraignment at the
discretion of the court or upon request of the arrested person or
the attorney for that person. If the arraignment is continued or
rescheduled, the arrested person shall remain on personal
recognizance and acknowledged promise to appear until such
arraignment, in the same manner and with the same consequences as if
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the continued or rescheduled arraignment was entered on the citation
by the arresting officer and electronically signed by the defendant.
An arraignment may be continued or rescheduled more than one time.
Provided, however, the court shall require an arraignment to b e had
within a reasonable time. It shall remain the duty of the defendant
to appear for arraignment unless the citation is satisfied as
provided for in subsection D of this section.
D. A defendant released upon personal recognizance may elect to
enter a plea of guilty or nolo contendere to the violation charged
at any time before the defendant is required to appear for
arraignment by indicating s uch plea on the copy of the citation
furnished to the defendant or on a legible copy, together with the
date of the plea and signature of the defendant, or such plea may be
entered by the defendant using an electronic method provided by the
court for such purposes, either through the website of the court or
otherwise. The defendant shall be responsible for assurin g full
payment of the fine and costs to the appropriate court clerk.
Payment of the fine and costs may be made by personal, cashier 's,
traveler's, certified or guaranteed bank check, postal or commercial
money order, or other form of payment approved by t he court in an
amount prescribed as bail for the offense. Provided, however, the
defendant shall not use currency for payment by mail. If the
defendant has entered a Payment of the fine and costs which is not
accompanied by a written plea of guilty or nolo contendere shall
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constitute a plea of nolo contendere entered by the defendant as
allowed by law, and shall function as a written, dated and signed
citation form acceptable to the court . A plea of guilty or nolo
contendere as provided for in this subs ection, such plea shall be
accepted by the court and the amount of the fine and costs shall be:
1. As prescribed in Section 1115.3 of this title as bail for
the violation;
2. In case of a municipal violation, as prescribed by municipal
ordinance for the violation charged; or
3. In the absence of such law or ordinance, then as prescribed
by the court.
E. 1. If, pursuant to the provisions of sub section D of this
section, the defendant does not timely elect to enter a plea of
guilty or nolo contendere and fails to timely appear for
arraignment, the court may issue a warrant for the arrest of the
defendant. The municipal or district court clerk, w ithin one
hundred twenty (120) calendar days from the date the citation was
issued by the arresting officer, sh all notify the Department of
Public Safety that:
a. the defendant was issued a traffic citation and
released upon personal recognizance after
acknowledging a written promise to appear for
arraignment as provided for in the citation,
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b. the defendant has fa iled to appear for arraignment
without good cause shown,
c. the defendant has not posted bail, paid a fine, or
made any other arrangement with th e court to satisfy
the citation, and
d. the citation has not been satisfied as provided by
law.
Additionally, the court clerk shall request the Department of Public
Safety to either suspend the driving privilege and driver license of
the defendant to opera te a motor vehicle in this state, or notify
the home state of the defendant and request suspension of the
driving privilege and driver license of the defendant in accordance
with the provisions of the Nonresident Violator Compact. The notice
and request shall be on a form approved or furnished by the
Department of Public Safety.
2. The court clerk shall not proce ss the notification and
request provided for in paragraph 1 of this subsection if, with
respect to such charges:
a. the defendant was arraigned, posted bail, paid a fine,
was jailed, or otherwise settled the case,
b. the defendant was not released upon per sonal
recognizance upon an acknowledged written promise to
appear as provided for in this section or if released,
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was not permitted to remain on such personal
recognizance for arraignment,
c. the violation relates to parking or standing, or
d. a period of one hundred twenty (120) calendar days or
more has elapsed from the date the citation was issued
by the arresting officer.
F. Following receipt of the notice and request from the court
clerk for driving privilege and driver license suspension as
provided for in subsection E of this section, the Department of
Public Safety shall proceed as provided for in Section 1115.5 of
this title.
G. The municipal or district court clerk shall maintain a
record of each request for driving privilege and driver license
suspension submitted to the Department of Public Safety pursuant to
the provisions of this section. When the court or court clerk
receives appropriate bail or payment of the fine and costs, settles
the citation, makes other arrangements with the defendant, or
otherwise closes the case, the court clerk shall furnish proof
thereof to the defendant, if the defendant personally appears, or
shall mail such proof by first-class mail, postage prepaid, to the
defendant at the address noted on the citation or at suc h other
address as is furnished by the defendant or by e-mail email if the
defendant has furnished an e-mail email address for such purposes.
Additionally, the court or court clerk shall notify the home
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jurisdiction of the defendant as listed on the citat ion, if such
jurisdiction is a member of the Nonresident Violator Compact, and
shall, in all other cases, notify the Department of the resolution
of the case. The form of proof and the procedures for notification
shall be approved by the Department of Pub lic Safety. Provided
however, failure by the court or court clerk to furnish such proof
or notice in the manner provided for in this subsection shall in no
event create any civil liability upon the court, the court clerk,
the State of Oklahoma or any poli tical subdivision thereof, or any
state department or agency or any employee thereof but duplicate
proof shall be furnished to the person entitle d to such proof or
notice upon request.
H. For purposes of this section, "electronic signature " shall
have the same meaning as defined in Section 15 -102 of Title 12A of
the Oklahoma Statutes.
SECTION 3. This act shall become effective Nov ember 1, 2021.
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Passed the House of Representatives the 1st day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate