is a free, service-based website built by an Executive Assistant at the Oklahoma State Capitol. This service was built to streamline state government and make it easy to access the same resources we use every day.

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2018 State Questions

Updated 9/13/2018.

State Questions are filed with the Secretary of State’s office; the hyperlinks will take you to legislative language and related documentation.

Five State Questions are on the November ballot:

SQ 793 – would allow eye doctors to practice in retail establishments like Walmart.

SQ 794 – would amend the Oklahoma Constitution, which guarantees certain rights for crime victims in both adult and juvenile proceedings. Victims’ rights would be protected in a manner equal to the rights of the defendant.

SQ 798 – candidates for Governor and Lieutenant Governor from the same party would run together on a single ticket and voters will case one vote for their preferred ticket, starting in 2026.

SQ 800 – would use a portion of gross production taxes to supplement the state budget. The fund would be called the “Oklahoma Vision Fund.”

SQ 801 – would allow school districts to use property taxes for school operations.


By |June 1st, 2018|State Questions|0 Comments

Legislative Deadlines 2018

Thursday, January 18 4:00 p.m. deadline for Introduction of Bills and Joint Resolutions
Monday, February 5 Regular Session convenes at 12 noon
Thursday, March 22 Deadline for Third Reading of Bills and Joint Resolutions in Chamber of Origin
Thursday, April 26 Deadline for Third Reading of Bills and Joint Resolutions from Opposite Chamber
Friday, May 25 Sine Die Adjournment (no later than 5:00 p.m.)
By |January 3rd, 2018|Legislation, Session Related|0 Comments

228 New Laws go into Effect November 1, 2016

Click on the hyperlinked bill numbers to view bill language, history, amendments, versions, votes and co-authors.

Measure Short Title
HB1036 Public health and safety; requiring Emergency Medical Services to conduct certain reviews; effective date.
HB1697 Mental health; permitting court to order assisted outpatient treatment; effective date.
HB1711 State employee benefits; State Employees Benefits Act; authorizing the Employees Insurance and Benefits Board to offer alternative insurance plan to retirees; effective date.
HB1951 Public health and safety; Underground Facilities Damage Prevention Act; statewide one-call notification center; effective date.
HB2042 Motor vehicles; relating to the Drug Court Act; providing time limitation for certain orders entered by the court; effective date.
HB2097 Insurance; contracts for health care services; authorizing a member to request a printed contract; effective date.
HB2248 Public finance; sales tax levy ballots; prohibiting certain interpretation; effective date.
HB2253 Labor; modifying various provisions of the Employment Security Act of 1980; effective date.
HB2258 State government; Oklahoma State Pension Commission; reports; effective date.
HB2263 Public retirement systems; Teachers’ Retirement System; administration; effective date.
HB2264 Retirement Freedom Act; employee contribution rate; effective date.
HB2267 Public health and safety; extending termination date of supplemental hospital offset payment program fee; effective date.
HB2268 Memorial highway designations; designating various memorial highways; effective date.
HB2271 Elections; creating the Military Privacy Protection Act; adding military to protected class status; effective date.
HB2275 DNA testing; requiring submission of DNA samples from persons arrested for felony crimes; effective date.
HB2280 Public health and safety; Continuum of Care and Assisted Living Act; requiring Department of Health to develop a classification system of violations; effective date.
HB2281 Open records; providing that public body which makes the requested records available on the Internet shall meet obligation of providing prompt, reasonable access to its records; effective date.
HB2282 Public health and safety; requiring State Board of Examiners for Long-Term Care Administrators to promulgate certain rules for examination; effective date.
HB2285 Poor persons; repealing act creating the Oklahoma Pharmacy Connection Council; effective date.
HB2286 Crimes and punishments; emergency telephone calls on party lines; repealers; effective date.
HB2288 State government; repealing sections relating to world trade development; effective date.
HB2298 Motor vehicles; creating the Safe Driving Act; requiring driver education courses to include certain education components; effective date.
HB2319 Crimes and punishments; clarifying jurisdictional boundaries for certain peace officers; effective date.
HB2320 Crimes and punishments; modifying definition of terrorism; effective date.
HB2338 Employment Security Administration Fund; making appropriation; specifying source; effective date.
HB2348 Military; modifying various sections; effective date.
HB2349 Revenue and taxation; additional homestead exemption; excluding veterans’ disability compensation payments from gross household income; effective date.
HB2351 Agriculture; requiring the Oklahoma Department of Agriculture, Food, and Forestry to keep certain electronic mail addresses; effective date.
HB2352 Securities; modifying notice filing procedure to comply with federal law; adding notice filing; effective date.
HB2357 Storage tanks; deleting certain references and definition of hazardous substances; effective date.
HB2378 Park model recreational vehicles; Vehicle License and Registration Act definitions; effective date.
HB2397 Criminal procedure; adding and modifying expungement categories; providing effective date.
HB2399 Criminal procedure; providing jurisdictional requirement for emergency ex parte orders under certain circumstances; effective date.
HB2401 Crimes and punishments; modifying requirements for awarding compensation claims; effective date.
HB2403 Criminal procedure; eliminating county population requirement; effective date.
HB2404 Schools; free attendance at public schools for children of certain age; effective date.
HB2407 State government; Oklahoma State Recycling and Recycled Materials Procurement Act; removing requirement for Director of Central Services to coordinate certain information; effective date.
HB2423 Savings and loan associations; Oklahoma Savings and Loan Code; authorizing association to exercise powers and authorities as specified sections are amended; effective date.
HB2425 Sex crimes; increasing child prostitution age limitation; effective date.
HB2426 Visitation; grandparental visitation rights; deleting and updating statutory references; effective date.
HB2435 State government; State Travel Reimbursement Act; modifying limitations on reimbursement of claims and vouchers for travel; effective date.
HB2443 Criminal procedure; increasing time limitation for sentence modification; effective date.
HB2446 Waters and water rights; declaring the protection of the waters of the state to be a compelling state interest; effective date.
HB2448 Motor vehicles; texting while driving; definitions; effective date.
HB2449 Motor vehicles; required caution approaching certain vehicles; flashing lights on motor vehicles; codification; effective date.
HB2450 Soldiers and sailors; increasing fine; effective date.
HB2452 Sunset; re-creating the Oversight Committee for State Employee Charitable Contributions.
HB2471 State employees; State Employee Suggestion Program; modifying development of program; effective date.
HB2472 Criminal procedure; granting district attorneys discretion to file misdemeanor charges under certain circumstances; effective date.
HB2473 Compulsory liability insurance; providing that if an officer obtains certain online verification there shall be no violation of the Compulsory Insurance Law; effective date.
HB2474 Motor vehicles; provisional driver licenses; permitting certain order by the courts; effective date.
HB2479 Drugs; Uniform Controlled Dangerous Substances Act; modifying penalties for certain prohibited acts; effective date.
HB2482 Professions and occupations; establishing Nurse Licensure Compact; effective date.
HB2483 Children; termination of parental rights; waiving right to jury trial if party fails to appear after notice and without good cause; effective date.
HB2484 Children; divesting Department of Human Services of custody and supervision when a permanent guardian is appointed; effective date.
HB2488 Soldiers and sailors; increasing extension of certain licenses during active duty; effective date.
HB2491 Children; directing Department of Human Services to notify military authorities of certain child abuse and neglect reports; effective date.
HB2492 Motor vehicles; specialty license plates; nonprofits; Civil Air Patrol; effective date.
HB2497 Capital and capitol building; naming the Oklahoma Department of Veterans Affairs Building; effective date.
HB2503 Agriculture; removing reference to certain commission; repealer; effective date.
HB2504 Crimes and punishments; theft of domestic animals; punishment and charging requirement for certain thefts; effective date.
HB2510 Open records; permitting social security numbers in public records to be confidential and redacted or deleted prior to release of records; effective date.
HB2518 Definitions and general provisions; providing for exception of written consent for medical treatment of minors if emergency exists and surgery is necessary for treatment of illness; effective date.
HB2519 County roads; authorizing certain expenditures be used for the removal and disposal of storm debris and dead animal carcasses; effective date.
HB2526 Revenue and taxation; county boards of equalization; training; effective date.
HB2531 Revenue and taxation; creating the Retail Protection Act of 2016; sales tax; effective date.
HB2535 Schools; authorizing governing body of schools to enter into agreement to create apprenticeship, internship or mentorship program; effective date.
HB2536 Revenue and taxation; Small Business Administration Loan Guaranty program; tax credit; job creation or retention; effective date.
HB2546 Professions and occupations; modifying various provisions of the Oklahoma Appraisal Management Company Regulation Act; effective date.
HB2547 Repealer; telemedicine informed consent; effective date.
HB2553 Outdoor advertising; relocation permits; effective date.
HB2555 Motor vehicles; driving under the influence; multiple convictions; effective date.
HB2571 Motor Vehicles; modifying speed limits for school buses; effective date.
HB2586 Public health and safety; requiring physicians to electronically file death certificates by certain date; effective date.
HB2595 Criminal procedure; granting courts authority to consider post-traumatic stress disorder as mitigating factor when sentencing veterans; effective date.
HB2599 Unmanned aircraft; prohibiting operation of an unmanned aircraft over a critical infrastructure facility; effective date.
HB2601 Public health; requiring certain health care facilities to include breast density information in a mammography report; codification; effective date.
HB2615 Schools; prohibiting persons from giving money or a thing of value to or soliciting a transaction with a student-athlete; effective date.
HB2619 State government; Trip Optimizer system; requiring Office of Management and Enterprise Services publish schedule of reimbursement rates; effective date.
HB2621 Children; providing exception for placing siblings in the same foster home; effective date.
HB2624 Scrap metal dealers; modifying information required to sell vehicle to scrap metal dealer; modifying transfer of title for certain vehicles; effective date.
HB2627 Professions and occupations; permitting Board of Dentistry to deny license for certain reasons; effective date.
HB2637 Game and fish; creating the Hunting Freedom Act; effective date.
HB2646 Agriculture; emergency drought conditions; exempting agriculture producers from certain resolutions declaring a period of extreme fire danger; effective date.
HB2667 Public health and safety; permitting residential care home to challenge statement of deficiency through informal or alternative dispute resolution; effective date.
HB2703 Public health and safety; vital statistics records; expanding list of individuals who may inspect certain records; requiring State Department of Health to make available certain online index; effective date.
HB2704 State government; creating the State Travel Reimbursement Act; effective date.
HB2710 State government; Oklahoma Personnel Act; modifying duties of Director of Office of Management and Enterprise Services; effective date.
HB2715 Service warranties; modifying information required on certain service contracts; effective date.
HB2742 Public health and safety; modifying and adding certain definitions; utilization of emergency medical personnel; effective date.
HB2747 Law enforcement; creating the Oklahoma Blue Alert Act; directing the Department of Public Safety to develop and implement statewide blue alert system; effective date.
HB2751 Crimes and punishments; modifying penalty for certain prohibited act; effective date.
HB2753 Criminal procedure; Drug Court Act; modifying certain eligibility criteria; Community Sentencing Act; modifying definition; effective date.
HB2757 Child support; interest on past-due child support; permitting income adjustment for child born after the child support order; effective date.
HB2761 Insurance; modifying various sections; effective date.
HB2763 Revenue stabilization; creating the Revenue Stabilization Fund; effective date.
HB2776 Revenue and taxation; Supernumerary Tax Consultant; repealer; effective date.
HB2785 Disability insurance; authorizing cities to participate in the Disability Insurance Program; effective date.
HB2797 Schools; creating the Humanity of the Unborn Child Act; effective date.
HB2801 Prisons and reformatories; modifying qualifications for correctional officers; effective date.
HB2820 Professions and occupations; creating the Music Therapy Practice Act; effective date.
HB2835 Public health and safety; deleting age limitation for certain definitions; effective date.
HB2840 Intoxicating liquors; alcohol-related licenses; limiting applicability of certain limitations; effective date.
HB2844 Civil procedure; judgment; permitting suit if conduct is not within scope of duty; effective date.
HB2902 Public health and safety; authorizing district attorneys to create a Drug Possession Diversion Program; effective date.
HB2922 Bail bonds; clarifying certain investigation requirement; modifying exception to certain prohibited act; effective date.
HB2932 Revenue and taxation; coin-operated music and amusement devices; requiring notices; limiting device seizure; repealer; effective date.
HB2934 Criminal procedure; authorizing the dismissal of prosecutions by district attorneys; effective date.
HB2962 Insurance; requiring coverage for autistic disorders under certain circumstances; effective date.
HB2963 Adoption; modifying provisions of the Oklahoma Adoption Code related to adoption expenses; effective date.
HB2965 Children; child abuse reporting; permitting recovery of damages, costs and fees by specified party; effective date.
HB2996 Insurance; requiring certain insurance coverage to provide certain retention percentage; effective date.
HB2997 State government; authorizing agencies to establish education and training programs; providing an effective date.
HB3000 Roads and bridges; creating the Trail Of Tears Historic Bike Route; requiring signage; requiring shoulder; effective date.
HB3019 Solid waste; providing that certain landfill disposal sites shall be subject to seismic impact zone location restrictions; effective date.
HB3023 State Capitol Building; vending facilities; providing exception for areas of the State Capitol Building; effective date.
HB3024 Civil procedure; creating the Catfishing Liability Act of 2016; creating cause of action; effective date.
HB3025 Schools; modifying certain criteria for eligibility of alternative placement teaching certificate; effective date.
HB3039 Work release programs; creating the Debt to Society Act of 2016; effective date.
HB3071 Insurance; requiring mandated health insurance coverage also apply to the Employees Health Insurance Plan; effective date.
HB3104 Civil procedure; garnishment; requiring judgment creditor to pay garnishee directly for costs; effective date.
HB3105 Professions and occupations; requiring State Board of Examiners of Psychologists to publish list of licensed psychologists on website; effective date.
HB3114 Schools; creating the Empowering Teachers to Lead Act; effective date.
HB3117 Motor vehicles; driver licenses; U.S. passports to serve as proofs of identity; effective date.
HB3119 Criminal procedure; Drug Court Act; authorizing the reduction or waiver of court costs, fees and fines under certain circumstances; effective date.
HB3126 9-1-1 emergency services; creating the 9-1-1 Management Authority Act; effective dates.
HB3130 Counties; increasing dollar amount of purchases that are exempt from certain bidding procedures; effective date.
HB3146 Driving while impaired; creating the Impaired Driving Elimination Act (IDEA); court costs and fees; effective date.
HB3160 Court costs and fees; granting courts authority to waive outstanding fines, costs and fees under certain circumstances; effective date.
HB3164 Labor; creating procedure for seasonal workers; setting procedure for determination and appeal; effective date.
HB3166 Higher education; requiring certain annual reports; effective date.
HB3167 Motor vehicles; maximum speed limits; Department of Transportation; effective date.
HB3168 State Capitol Building; authorizing Capitol Improvement Authority to issue obligations for repair; effective date.
HB3192 Motor vehicles; vehicle registration; military personnel; effective date.
SB1011 Public trusts; modifying voting requirement for certain municipalities. Effective date.
SB1012 Insurance fraud; modifying investigative and prosecutorial authority. Effective date.
SB1017 Pawnbrokers; providing for photographs of certain items and information. Effective date.
SB1018 Commercial driver licenses; authorizing certain license be issued; requirements; allowing rules for implementation. Effective date.
SB1027 Emergency responders; creating Oklahoma Incident Management Team Advisory Committee. Effective date.
SB1029 Cities and towns; termination of delinquent water and sewer services by multiple entities. Effective date.
SB1056 Electronic Toll Collection Act; authorizing certain allowances. Effective date.
SB1057 Firearms and municipality immunity; clarifying language; making allowances; modifying inclusions. Effective date.
SB1070 Mental health; relating to transportation of certain persons; providing certain construction. Effective date.
SB1071 Landlord and tenant; establishing exception to eviction proceedings. Effective date.
SB1083 Roofing Contractor Registration Act; affidavit of exemption; workers’ compensation coverage. Effective date.
SB1091 Medicaid fraud; establishing statute of limitations for certain offense. Effective date.
SB1095 Volunteer immunity; providing exemption from liability for certain acts. Effective date.
SB1112 Public safety communication system; creating the Land Mobile Radio Public Safety Interoperability Cooperative. Effective date.
SB1127 Vulnerable adults; modifying inclusions. Effective date.
SB1142 Game and fish; relating to the Feral Swine Control Act; license and permit requirements. Effective date.
SB1147 Death certificate information; requiring certain information be entered into certain system. Effective date.
SB1148 Physician licensure; relating to Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act; prohibiting certain construction. Effective date.
SB1150 Pharmacy; updating statutory references. Effective date.
SB1159 Weapons; modifying inclusions. Effective date.
SB1163 Optometry; expanding certain definition to include certain acts. Effective date.
SB1164 Schools; requiring State Department of Health to create concussion management section on its website. Effective date.
SB1172 Cities and towns; updating statutes relating to municipal officers. Effective date.
SB1179 Oklahoma Medical Loan Repayment Program; expanding definitions; broadening eligibility. Effective date.
SB1186 Insurance licensure; exempting military members from bar on government employees holding insurance licensure. Effective date.
SB1194 Emergency custody hearings; repealing duplicate section. Effective date.
SB1198 Occupational safety; establishing administrative fees by rule; creating revolving fund. Effective date.
SB1199 Amusement rides; creating revolving fund; naming fund; allowing administrative fines by rule. Effective date.
SB1200 Juvenile detention; modifying certain detention requirements. Effective date.
SB1206 Tourism improvement districts; adding class of improvement districts. Effective date.
SB1209 Commission for Rehabilitation Services; permitting issuance of certain awards at certain functions. Effective date.
SB1211 Child care licensing; requiring use of certain subcommittees; specifying composition of certain Board. Effective date.
SB1214 Verdicts; relating to acquittal on grounds of insanity; sentences; probation; reporting requirements. Effective date.
SB1217 Mental health; modifying certain definitions. Effective date.
SB1218 Department of Corrections; modifying institutions included within definition. Effective date.
SB1249 Protective orders; establishing deadline for determination of final protective order. Effective date.
SB1257 Non-consensual dissemination; making certain dissemination unlawful; providing for exceptions, penalties. Effective date.
SB1269 Education; directing the State Board of Education to develop certain endorsements. Effective date.
SB1270 Scrap Metal Dealers Act; modifying records requirement. Effective date.
SB1282 Revenue and taxation; manufacturer exemptions; exempting for certain materials used in manufacturing. Effective date.
SB1287 Vulnerable adult abuse; prohibiting forwarding of certain findings. Effective date.
SB1327 Uniform Interstate Family Support Act; modifying provisions. Effective date.
SB1329 Building codes; exempting certain church activities from occupancy ratings and codes. Effective date.
SB1335 Motor vehicle insurance; modifying procedures for Compulsory Insurance and Temporary Motorist Liability. Effective date.
SB1353 Bonds; requiring Oklahoma State Regents for Higher Education to provide certain information to members of the Legislature. Effective date.
SB1357 Public health; increasing number of members on Food Service Advisory Council; specifying certain recommendations. Effective date.
SB1360 Organ donation; providing certain construction. Effective date.
SB1369 Oklahoma Commission on Children and Youth; including definitions; broadening scope of certain report. Effective date.
SB1370 Child abuse; requiring Department of Human Services to notify certain entities under certain circumstances. Effective date.
SB1371 Office of Juvenile Affairs; specifying statutory language; removing provisions relating to quantity and location of detention beds. Effective date.
SB1374 Insurance; modifying Long-Term Care Insurance Act. Effective date.
SB1377 Dental insurance; requiring notification to sell dental services. Effective date.
SB1386 Health insurance; creating the State Innovation Waiver. Effective date.
SB1424 Child care facilities; licensing; requiring certain records search; authorizing requests for certain searches. Effective date.
SB1446 Department of Agriculture; removing certain license application requirements. Effective date.
SB1459 Motor vehicles; authorizing use of used dealer temporary license plates for certain nonprofit organizations. Effective date.
SB1465 Soldiers and sailors; extension of professional license during active service; amending number of days allowed for exemption. Effective date.
SB1488 Insurance; credit for reinsurance; various modifications. Effective date.
SB1491 Domestic violence; modifying definition. Effective date.
SB1493 Liability; authorizing certain donation by municipality; establishing exemption from certain liability. Effective date.
SB1495 Adult guardianship and protective proceedings; requiring notice to certain persons. Effective date.
SB1496 Professions and occupations; engineers; qualifications; continuing education; eligibility for certain licensure. Effective date.
SB1499 Health benefit plans; directing certain report. Effective date.
SB1506 Residential care homes; permitting use of certain panels for certain purposes. Effective date.
SB1507 State property; authorizing use of purchase cards for certain purposes. Effective date.
SB1511 Transfer of motor vehicle; authorizing certain method of transfer of motor vehicle; establishing procedures. Effective date.
SB1515 Oklahoma Medicaid False Claims Act; modifying provisions. Effective date.
SB1582 Income tax credits; limiting amount of credits allowed for investment in depreciable property or net increase in employees. Effective date.
SB1602 Agency director qualifications; modifying qualifications for certain positions. Effective date.
SB1604 Income tax credits; limiting time period during which certain credit is refundable. Effective date
SB1605 Income tax credits; prohibiting certain use of tax credits for certain entities providing child care services. Effective date.
SB1606 Income tax adjustments; requiring certain amounts deducted on federal return be added to Oklahoma income under specified conditions. Effective date.
SB1614 Tax credits; modifies credit for purchase and production of coal after specified date. Effective date.
SB172 State government; authorizing the Office of Management and Enterprise Services to approve an alternative process for certain business operations. Effective date.
SB200 Department of Labor; providing for schedule of administrative fines; modifying provisions relating to elevator inspections and standards. Effective date.
SB481 Insurance; prepaid funeral benefit permits and annual reports; deposits into trust fund. Effective date.
SB615 Licensed Dietitian Act; broadening certain definition; providing penalties for violations. Effective date.
SB791 Liability insurance policies; modifying applicability of certain provisions. Effective date.
SB874 Probate procedure; increasing limitation on valuation of certain property. Effective date.
SB880 Obscene material and child pornography; including law enforcement agency. Effective date.
SB884 Hospitals; including Department of Corrections in exemption. Effective date.
SB896 Political parties; modifying percentage of votes necessary for continued recognition of party. Effective date.
SB900 Motor vehicle excise tax; modifying limitation on exemption for certain veterans. Effective date.
SB902 Guardianship; prohibiting certain persons from being appointed guardian. Effective date.
SB912 Administrative Procedures Act; requiring rules filed to include statement of the gist of the rule. Effective date.
SB941 Restitution; modifying certain restitution requirement. Effective date.
SB944 Rental-Purchase Act; defining term; additional disclosure requirements. Effective date.
SB952 Professional licensing; bond enforcement; modifying allowances and inclusions. Effective date.
SB954 CLEET; amending training requirements. Effective date.
SB959 Firearms; carrying a concealed weapon; clarifying definitions; modifying requirements. Effective date.
SB972 Autocycles; amending inclusions. Effective date.
SB976 Multicounty agent bondsmen; requiring certain actions; changing ratio of deposits for failure to comply. Effective date.
SB983 Health information technology; creating Health Information Technology Advisory Board; establishing certain operating procedures. Effective date.
SB997 Driver licenses; modifying inclusions; authorizing certain renewals for active military. Effective date.
By |October 31st, 2016|Legislation|0 Comments

Legislative Deadlines: 2016-2017

Friday, December 9, 2016 Deadline for Requesting Drafting of Bills and Joint Resolutions
Thursday, January 19, 2017 4:00 p.m. Deadline for Introduction of Bills and Joint Resolutions
Monday, February 06, 2017 Regular Session convenes at 12 noon
Thursday, March 16, 2017 Deadline for Third Reading of Bills and Joint Resolutions in Chamber of Origin
Thursday, April 27, 2017 Deadline for Third Reading of Bills and Joint Resolutions from Opposite Chamber
Friday, May 26, 2017 Sine Die Adjournment (no later than 5:00 p.m.)
By |September 15th, 2016|Legislation, Quick Reference, Session Related|0 Comments

2016 State Questions

Issues To Be Referred to Oklahoma Voters
for Approval or Rejection at the 2016 Elections

See also the list of State Questions compiled by the Secretary of State at

Issue: Death Penalty
State Question 776
Legislative Referendum 367
Originating Legislation: SJR 31 (2015)
Principal Authors: Senator Anthony Sykes, Representative Mike Christian
Election Date: November 8, 2016
Ballot Title (as re-written by the Attorney General):

This measure adds a new section to the Oklahoma Constitution, Section 9A of Article 2.  The new Section deals with the death penalty.  The Section establishes State constitutional mandates relating to the death penalty and methods of execution.  Under these constitutional requirements:

  • The Legislature is expressly empowered to designate any method of execution not prohibited by the United States Constitution.
  • Death sentences shall not be reduced because a method of execution is ruled to be invalid.
  • When an execution method is declared invalid, the death penalty imposed shall remain in force until it can be carried out using any valid execution method, and
  • The imposition of a death penalty under Oklahoma law—as distinguished from a method of execution—shall not be deemed to be or constitute the infliction of cruel or unusual punishment under Oklahoma’s Constitution, nor to contravene any provision of the Oklahoma Constitution.

Issue: Right to Engage in Farming and Ranching
State Question 777
Legislative Referendum 368
Originating Legislation:  HJR 1012 (2015)
Principal Authors:  Senator Jason Smalley, Representative Scott Biggs
Election Date: November 8, 2016
Ballot Title (as re-written by the Attorney General):

This measure adds Section 38 to Article II of the Oklahoma Constitution.

The new Section creates state constitutional rights.  It creates the following guaranteed rights to engage in farming and ranching:

  • The right to make use of agricultural technology,
  • The right to make use of livestock procedures, and
  • The right to make use of ranching practices.

These constitutional rights receive extra protection under this measure that not all constitutional rights receive.  This extra protection is a limit on lawmakers’ ability to interfere with the exercise of these rights.  Under this extra protection, no law can interfere with these rights, unless the law is justified by a compelling state interest—a clearly defined state interest of the highest order.  Additionally, the law must be necessary to serve that compelling state interest.

The measure—and the protections identified above—do not apply to and do not impact state laws related to:

  • Trespass,
  • Eminent domain,
  • Dominance of mineral interests,
  • Easements,
  • Right of way or other property rights, and
  • Any state statutes and political subdivision ordinances enacted before December 31, 2014.

Issue: Public Education Funding
State Question 779
Initiative Petition 403
Election Date: November 8, 2016
Ballot Title (as re-written by the Oklahoma Supreme Court):

This measure adds a new Article to the Oklahoma Constitution.  The article creates a limited purpose fund to increase funding for public education.  It increases State sales and use taxes by one cent per dollar to provide revenue for the fund.  The revenue to be used for public education shall be allocated:  69.50% for common school districts, 19.25% for the institutions under the authority of the Oklahoma State Regents for Higher Education, 3.25% for the Oklahoma Department of Career and Technology Education, and 8% for the State Department of Education.  It requires teacher salary increases funded by this measure raise teacher salaries by at least $5,000 over the salaries paid in the year prior to adoption of this measure.  It requires an annual audit of school districts’ use of monies.   It prohibits school districts’ use of these funds for increasing superintendents’ salaries or adding superintendent positions.  It requires that monies from the fund not supplant or replace other educational funding.  If the Oklahoma Board of Equalization determines funding has been replaced, the Legislature may not make any appropriations until the amount of replaced funding is returned to the fund.  The article takes effect on July 1 after its passage.

Issue:  Criminal Sentences for Certain Property and Drug Offenses
State Question 780
Initiative Petition 404
Election Date:  November 8, 2016
Ballot Title (as re-written by the Oklahoma Supreme Court):

This measure amends existing Oklahoma laws and would change the classification of certain drug possession and property crimes from felony to misdemeanor.  It would make possession of a limited quantity of drugs a misdemeanor.  The amendment also changes the classification of certain drug possession crimes which are currently considered felonies and cases where the defendant has a prior drug possession conviction.  The proposed amendment would reclassify these drug possession cases as misdemeanors.  The amendment would increase the threshold dollar amount used for determining whether certain property crimes are considered a felony or misdemeanor.  Currently, the threshold is $500.  The amendment would increase the amount to $1000.  Property crimes covered by this change include; false declaration of a pawn ticket, embezzlement, larceny, grand larceny, theft, receiving or concealing stolen property, taking domesticated fish or game, fraud, forgery, counterfeiting, or issuing bogus checks.  This measure would become effective July 1, 2017.

Issue:  County Community Safety Investment Fund
State Question 781
Initiative Petition 405
Election Date:  November 8, 2016
Ballot Title (as re-written by the Oklahoma Supreme Court):

This measure creates the County Community Safety Investment Fund, only if voters approve State Question 780, the Oklahoma Smart Justice Reform Act.  This measure would create a fund, consisting of any calculated savings or averted costs that accrued to the State from the implementation of the Oklahoma Smart Justice Reform Act in reclassifying certain property crimes and drug possession as misdemeanors.  The measure requires the Office of Management and Enterprise Services to use either actual data or its best estimate to determine how much money was saved on a yearly basis.  The amount determined to be saved must be deposited into the Fund and distributed to counties in proportion to their population to provide community rehabilitative programs, such as mental health and substance abuse services.  This measure will not become effective if State Question 780, the Oklahoma Smart Justice Reform Act, is not approved by the people.  The measure will become effective on July 1 immediately following its passage.

Issue: Repeal of Prohibition on Public Expenditure and Property Use for Religious Purposes
State Question 790
Legislative Referendum 369
Originating Legislation:  SJR 72 (2016)
Principal Authors:  Senator Rob Standridge, Representative John Paul Jordan
Election Date: November 8, 2016
Ballot Title (as re-written by the Attorney General):

This measure would remove Article 2, Section 5 of the Oklahoma Constitution, which prohibits the government from using public money or property for the direct or indirect benefit of any religion or religious institution.  Article 2, Section 5 has been interpreted by the Oklahoma courts as requiring the removal of a Ten Commandments monument from the grounds of the State Capitol.  If this measure repealing Article 2, Section 5 is passed, the government would still be required to comply with the Establishment Clause of the United States Constitution, which is a similar constitutional provision that prevents the government from endorsing a religion or becoming overly involved with religion.

Issue: Alcoholic Beverage Regulation
State Question 792
Legislative Referendum 370
Originating Legislation:  SJR 68 (2016)
Principal Authors:  Senator Clark Jolley, Representative Glen Mulready
Election Date: November 8, 2016
Ballot Title (as re-written by by the Attorney General):

This measure repeals Article 28 of the Oklahoma Constitution and restructures the laws governing alcoholic beverages through a new Article 28A and other laws the Legislature will create if the measure passes. The new Article 28A provides that with exceptions, a person or company can have an ownership interest in only one area of the alcoholic beverage business-manufacturing, wholesaling, or retailing. Some restrictions apply to the sales of manufacturers, brewers, winemakers, and wholesalers. Subject to limitations, the Legislature may authorize direct shipments to consumers of wine. Retail locations like grocery stores may sell wine and beer. Liquor stores may sell products other than alcoholic beverages in limited amounts. The Legislature must create licenses for retail locations, liquor stores, and places serving alcoholic beverages and may create other licenses. Certain licensees must meet residency requirements. Felons cannot be licensees. The Legislature must designate days and hours when alcoholic beverages may be sold and may impose taxes on sales. Municipalities may levy an occupation tax. If authorized, a state lodge may sell individual alcoholic beverages for on-premises consumption but no other state involvement in the alcoholic beverage business is allowed. With one exception, the measure will take effect October 1, 2018.

Prepared by:
The Oklahoma State Senate, Senate Staff
Senator Brian Bingman, President Pro Tempore

By |August 25th, 2016|State Questions|0 Comments