Oklahoma 2023 Regular Session

Oklahoma House Bill HB2137 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2137 Page 1 1
	3	+	HB2137 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2137 By: McDugle of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Jett of the Senate
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	HOUSE BILL 2137 By: McDugle
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	41	+	AS INTRODUCED
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40	43		An Act relating to marriage; amending 43 O. S. 2021,
41	44		Sections 150.1 and 150.3, which relate to the
42	45		Deployed Parents Custody and Visitatio n Act;
43	46		modifying definition; providing for the designation
44	47		of certain individuals to ex ercise visitation rights
45	48		under certain circumstances ; and providing an
46	49		effective date.
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52	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	56		SECTION 1. AMENDATORY 43 O.S. 2021, Section 150.1, is
54	57		amended to read as follows:
55	58		Section 150.1 As used in the Deployed Parents Custody and
56	59		Visitation Act:
57	60		1. "Civilian personnel" means direct-hire, permanent civilian
58	61		employees of the Departmen t of Defense;
59	62		2. "Close and substantial relationship " means a relationship in
60	63		which a bond has been forged between the child and the other person
61	64		by regular contact or communication;
62		-	3. "Custodial responsibility " refers to legal custody, physical
63		-	custody or visitation rights with respect to a child;
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65		-	ENGR. H. B. NO. 2137 Page 2 1
	66	+	HB2137 HFLR Page 2
	67	+	BOLD FACE denotes Committee Amendments. 1
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	92	+	3. "Custodial responsibility " refers to legal custody, physical
	93	+	custody or visitation rights with respect to a child;
90	94		4. "Deploying parent" means a legal parent of a minor child or
91	95		the legal guardian of a child, who is a member of the United States
92	96		Armed Forces, civilian personnel or contractor serving in designated
93	97		combat zones or duty stations and who is deployed or, has been
94	98		notified of an impending deployment , or is actively serving in a
95	99		duty station outside of the parent's home city;
96	100		5. "Deployment" means the temporary transfer of a
97	101		servicemember, civilian personnel or contractor serving in
98	102		designated combat zones in compl iance with official orders to
99	103		another location in support of combat, contingency operation, or
100	104		natural disaster requiring the use of orders for a period of more
101	105		than thirty (30) consecutive days, during which family members are
102	106		not authorized to accompany the servicemember at government expense.
103	107		Deployment shall include any period during which a servicemember,
104	108		civilian personnel or contractor serving in designat ed combat zones
105	109		is absent from duty on acc ount of sickness, wounds, leave or other
106	110		lawful cause, and shall also include any transfer pursuant to
107	111		military orders requiring presence in a foreign country;
108	112		6. "Guardian" means a person who has been appointed a s a
109	113		guardian of a minor or incapacitated a dult pursuant to the
110	114		requirements of Title 30 of the O klahoma Statutes. The term shall
111		-	include a limited guardian, but shall not include a guardian ad
112		-	litem;
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114		-	ENGR. H. B. NO. 2137 Page 3 1
	116	+	HB2137 HFLR Page 3
	117	+	BOLD FACE denotes Committee Amendments. 1
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	142	+	include a limited guardian, but shall not include a guardian ad
	143	+	litem;
139	144		7. "Nondeploying parent" means a legal parent or guard ian who
140	145		is not deployed and who has a chil d or ward in common with a
141	146		deploying parent;
142	147		8. "Servicemember" means a member of either:
143	148		a. the active or reserve components of the Army, Navy,
144	149		Air Force, Marine Corps, or C oast Guard, or
145	150		b. the active or reserve components of the National
146	151		Guard; and
147	152		9. "Visitation" means the right to take a child for a li mited
148	153		period of time to a place other than the habitual residence of the
149	154		child.
150	155		SECTION 2. AMENDATORY 43 O.S. 2021, Section 150.3, is
151	156		amended to read as follows:
152	157		Section 150.3 A. In order to ensure an on going relationship
153	158		with the child while deployed or while serving in a duty station
154	159		outside of the parent 's home city, pursuant to the Deployed Parents
155	160		Custody and Visitation Act, upon application to the court by the
156	161		deploying parent, the court shall designate a family member or
157	162		another person with a close and substantial relationship to the
158	163		child to exercise his or her visitation rights, unless the court
159	164		determines it is not in the best interests of the child.
160		-	B. Visitation awarded pursuant to this section derives from the
161		-	deploying parent's own right to custodial responsibility. Neither
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163		-	ENGR. H. B. NO. 2137 Page 4 1
	166	+	HB2137 HFLR Page 4
	167	+	BOLD FACE denotes Committee Amendments. 1
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	192	+	B. Visitation awarded pursuant to this section derives from the
	193	+	deploying parent's own right to custodial responsibility. Neither
188	194		this section nor a court order permitting designation shall be
189	195		deemed to create any separate or per manent rights to visitation.
190	196		SECTION 3. This act shall become effective November 1, 2023.
191		-	Passed the House of Representatives the 6th day of March, 2023.
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196		-	Presiding Officer of the House
197		-	of Representatives
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201		-	Passed the Senate the ___ day of __________, 2023.
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206		-	Presiding Officer of the Sena te
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	198	+	COMMITTEE REPORT BY: COMMITTEE ON VETERANS AND MILITARY AFFAIRS,
	199	+	dated 02/08/2023 - DO PASS.