Oklahoma 2022 Regular Session

Oklahoma House Bill HB1752 Compare Versions

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Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 1752 By: Crosswhite Hader, Fugate,
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	28	+	STATE OF OKLAHOMA
	29	+
	30	+	1st Session of the 58th Legislature (2021)
	31	+
	32	+	CONFERENCE COMMITTEE
	33	+	SUBSTITUTE
	34	+	FOR ENGROSSED
	35	+	HOUSE BILL NO. 1752 By: Crosswhite Hader, Fugate,
4	36		Roberts (Eric), Davis,
5	37		Marti, McDugle, Hill,
6		-	Conley, Fetgatter, Hardin
7		-	(David), Stark and Pittman
8		-	of the House
	38	+	Conley, Fetgatter and
	39	+	Hardin (David) of the House
9	40
10	41		and
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12		-	Rader, Bullard, Jett and
13		-	Pederson of the Senate
	43	+	Rader of the Senate
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	50	+	CONFERENCE COMMITTEE SUBSTITUTE
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20	52		An Act relating to elections; amending 26 O.S. 2011,
21	53		Section 4-120.3, as last amended by Section 3,
22	54		Chapter 377, O.S.L. 2016 (26 O.S. Supp. 2020, Section
23	55		4-120.3), which relates to cancel lation of
24	56		registration of deceased persons; providing for
25		-	cancellation by certain time; amending 30 O.S. 2011,
26		-	Section 3-113, as amended by Section 1, Chapter 86,
27		-	O.S.L. 2019 (30 O.S. Supp. 2020, Section 3 -113),
	57	+	cancellation by certain time; requiring funeral
	58	+	directors to execute certain form; amending 30 O.S.
	59	+	2011, Section 3-113, as amended by Section 1, Chapter
	60	+	86, O.S.L. 2019 (30 O.S. Supp. 2020, Section 3-113),
28	61		which relates to specific determinations of capacity;
29	62		requiring court to issue findings of fact on certain
30	63		capacity; and providing an effective date.
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35		-	SUBJECT: Elections
36		-
37	68		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
38		-
39	69		SECTION 1. AMENDATORY 26 O.S. 2011, Section 4 -120.3, as
40	70		last amended by Section 3, Chapter 377, O.S.L. 2016 (26 O.S. Supp.
41	71		2020, Section 4-120.3), is amended to read as follows:
42	72
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43	98		Section 4-120.3 A. The State Department of Health shall each
44	99		month transmit to the Secret ary of the State Election Board a
45	100		certified list of all deaths of residents that have occurred within
46		-	the state for the immediately preceding month. The Secretary of the ~~ENR. H. B. NO. 1752 Page 2~~
	101	+	the state for the immediately preceding month. The Secretary of the
47	102		State Election Board shall transmit such list to the secretary of
48	103		the county election board who shall then use such the list to
49	104		ascertain those voters who are deceased, and shall thereafter remove
50	105		such deceased person's name from the central registry and voter
51	106		registration database within thirty (30) days from the date the list
52	107		was received by the county election board . Such list shall be used
53	108		only for the purposes hereinbefore described.
54		-
55	109		B. The registration of a deceased voter may be canceled by the
56	110		secretary of a county election board upon the receipt of a certified
57	111		copy of a death cert ificate from any person or upon the execution by
58	112		the next of kin of such deceased voter of a form and upon the nature
59	113		of proof of the fact thereof as prescribed by the Secretary of the
60	114		State Election Board. Such form must be executed in person by the
61	115		deceased voter's next of kin at the county election board office, in
62	116		which case it shall be witnessed by the secretary or other
63	117		designated employees, at the deceased voter's precinct polling place
64	118		or at the next of kin's precinct polling place in the same coun ty on
65	119		the day of any election, in which case it shall be witnessed by the
66	120		inspector of such precinct, or the form may be personally signed by
67	121		the next of kin, such signature to be notarized by a notary public
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68	148		or witnessed by two persons whose signatures an d addresses shall
69	149		appear on the form, and returned to the county election board.
70		-
71	150		C. The administrator of a nursing facility, as defined in
72	151		Section 1-1902 of Title 63 of the Oklahoma Statutes, or the
73	152		administrator of a veterans center established pursuant to Title 72
74	153		of the Oklahoma Statutes, also may execute a form prescribed by the
75	154		Secretary of the State Election Board to notify the secretary of the
76	155		county election board of the death of a nursing facility resident
77	156		who is a registered voter. The administr ator's signature on such
78	157		form shall be witnessed by a member of the nursing home absentee
79	158		voting board, shall be notarized or shall be witnessed by two
80	159		persons whose signatures and addresses shall appear on the form.
81		-
82	160		D. A funeral director, as defined in S ection 396.2 of Title 59
83	161		of the Oklahoma Statutes, may execute a form prescribed by the
84	162		Secretary of the State Election Board to notify the secretary of the
85	163		county election board of the death of a resident of the county. The
86	164		funeral director's signature o n such form either shall be notarized
87	165		or shall be witnessed by two persons whose signatures and addresses
88	166		shall appear on the form. Upon receipt of such form or any notice
89	167		setting forth substantially the same facts and witnessed or
90		-	notarized as provided in this section, the secretary of the county ~~ENR. H. B. NO. 1752 Page 3~~
	168	+	notarized as provided i n this section, the secretary of the county
91	169		election board shall be authorized to cancel the voter registration
92	170		of such deceased person.
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94	197		E. The registration of a deceased voter who was a member of the
95	198		Oklahoma National Guard or the armed forces of the Uni ted States and
96	199		who died in the line of duty may be canceled by the secretary of a
97	200		county election board upon the receipt of notification of the
98	201		voter's death from the Oklahoma National Guard or the armed forces
99	202		of the United States. The Secretary of the S tate Election Board may
100	203		prescribe the forms of such notification to be accepted by the
101	204		county election board in order to cause the registration of the
102	205		voter to be canceled. The Secretary shall further request the
103	206		Oklahoma National Guard and the armed forc es of the United States to
104	207		provide notifications to the county election board as provided for
105	208		in this section.
106		-
107	209		F. The Secretary of the State Election Board is authorized to
108	210		obtain official death records from the Social Security
109	211		Administration and from oth er states. The Secretary of the State
110	212		Election Board may compare such death records against the state's
111	213		voter registration database. Any possible match of a death record
112	214		to a registered voter shall be transmitted to the secretary of the
113	215		county election board in the county in which the voter is
114	216		registered. The secretary of the county election board shall
115	217		ascertain any voter who is deceased, and shall remove such deceased
116	218		person's name from the central registry and voter registration
117	219		database.
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119	246		SECTION 2. AMENDATORY 30 O.S. 2011, Section 3 -113, as
120	247		amended by Section 1, Chapter 86, O.S.L. 2019 (30 O.S. Supp. 2020,
121	248		Section 3-113), is amended to read as follows:
122		-
123	249		Section 3-113. A. The order appointing a guardian, based upon
124	250		evidence adduced, shall set forth:
125		-
126	251		1. The determinations made by the court at the hearing;
127		-
128	252		2. The name and address of the individual, if any, appointed to
129	253		serve as the limited guardian or guardian;
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131	254		3. The specific limitations imposed upon the ward, if the ward
132	255		is a partially incapacitated person;
133		-	ENR. H. B. NO. 1752 Page 4
134	256		4. Any authority granted a guardian of the person of the ward
135	257		to change the place of abode of the ward outside of the state or
136	258		county without the prior permission of the court; and
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138	259		5. Findings of fact as to whether the ward retains sufficient
139	260		capacity to vote; and
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141	261		6. Whenever the court determines a review hearing is necessary
142	262		or desirable, the date of the review hearing.
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144	263		B. In establishing the specific limitations on the legal
145	264		activities of a ward for whom a limited gu ardian of the person is
146	265		appointed, the court shall make specific determinations regarding
147	266		the capacity of the subject of the proceeding, including but not
148	267		limited to determining whether the ward retains sufficient capacity:
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150	268		1. To vote;
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152	269		2. To serve as a juror;
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154	296		3. To operate a motor vehicle;
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156	297		4. To be licensed or continue to practice any profession of the
157	298		ward; and
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159	299		5. To make personal medical decisions including but not limited
160	300		to decisions to withhold or withdraw life -sustaining procedures, to
161	301		receive hospice services through a home or inpatient hospice
162	302		program, to donate organs, to undergo elective surgery, or to
163	303		consent to routine or necessary medical or other professional care,
164	304		treatment or advice.
165		-
166	305		C. In establishing the specific limitations on the le gal
167	306		abilities of a ward for whom a limited guardian of the property is
168	307		appointed, the court shall make specific determinations regarding
169	308		the capacity of the subject of the proceeding, including but not
170	309		limited to determining whether the ward retains suffic ient capacity
171	310		to:
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173	311		1. Appoint an agent to act on his behalf;
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175	312		2. Enter into contracts;
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177	313		3. Grant conveyances; or
178		-	ENR. H. B. NO. 1752 Page 5
179	314		4. Make gifts of property.
180		-
181	315		D. If not submitted with the petition or at the hearing, the
182	316		guardian or limited guardian shall submit a guardians hip plan as
183	317		required by Section 3 -120 or 3-122 of this title, or both, as
184	318		appropriate and a copy of said plan shall be mailed to those persons
185	319		entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of
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186	346		subsection A of Section 3 -110 of this title. The guar dianship plan
187	347		as approved by the court shall be made a part of the order of the
188	348		court. Said plan may be modified as provided by this act.
189		-
190	349		E. The court may, in its discretion, make such further orders
191	350		as the court deems necessary for the best interest of the ward for
192	351		care of the ward and maintenance or management of the ward’s
193	352		property, including but not limited to:
194		-
195	353		1. Order the guardian of the property of the ward to provide
196	354		the ward from such property with specified amounts of money,
197	355		monthly, or from time to time, which the ward may dispose of as the
198	356		ward shall determine and for which, other than a showing of the
199	357		amounts paid to the ward, the guardian will not be required to
200	358		account. Such order may be modified upon application of the
201	359		guardian or any interested person, and a hearing conducted thereon,
202	360		with notice of the hearing on such application to be given to those
203	361		persons entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of
204	362		subsection A of Section 3 -110 of this title and shall be given as
205	363		provided in Section 3-110 of this title; and
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207	364		2. The amount of the bond as required by Section 4 -201 of this
208	365		title.
	366	+	SECTION 3. This act shall become effective November 1, 2021.
209	367
210		-	SECTION 3. This act shall become effective November 1, 2021.
211		-	ENR. H. B. NO. 1752 Page 6
212		-
213		-	Passed the House of Representatives the 19th day of May, 2021.
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218		-	Presiding Officer of the House
219		-	of Representatives
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222		-	Passed the Senate the 24th day of May, 2021.
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227		-	Presiding Officer of the Senate
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231		-	OFFICE OF THE GOVERNOR
232		-	Received by the Office of the Governor this ____________________
233		-	day of ___________________, 20_______, at _______ o'clock _______ M.
234		-	By: _________________________________
235		-	Approved by the Governor of the State of Oklahoma this _________
236		-	day of ___________________, 20_______, at _______ o'clock _______ M.
237		-
238		-
239		-	_________________________________
240		-	Governor of the State of Oklahoma
241		-
242		-	OFFICE OF THE SECRETARY OF STATE
243		-	Received by the Office of the Secretary of State this __________
244		-	day of ___________________, 20_______, at _______ o'clock _______ M.
245		-	By: _________________________________