STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 2122	By:	Sykes

AS INTRODUCED

An Act relating to multiple versions of statutes; amending, merging, consolidation, and repealing multiple versions of statutes; amending 10A O.S. 2011, Section 1-6-102, as last amended by Section 2, Chapter 374, O.S.L. 2013 (10A O.S. Supp. 2013, Section 1-6-102); repealing 10A O.S. 2011, Section 1-6-102, as last amended by Section 1, Chapter 387, O.S.L. 2013 (10A O.S. Supp. 2013, Section 1-6-102); amending 21 O.S. 2011, Section 1290.14, as last amended by Section 1, Chapter 86, O.S.L. 2013 (21 O.S. Supp. 2013, Section 1290.14); repealing 21 O.S. 2011, Section 1290.14, as last amended by Section 1, Chapter 139, O.S.L. 2013 (21 O.S. Supp. 2013, Section 1290.14); amending 26 O.S. 2011, Section 7-114, as amended by Section 2, Chapter 34, O.S.L. 2013 (26 O.S. Supp. 2013, Section 7-114); repealing 26 O.S. 2011, Section 7-114, as amended by Section 1, Chapter 38, O.S.L. 2013 (26 O.S. Supp. 2013, Section 7-114); amending 40 O.S. 2011, Section 2-203, as amended by Section 1, Chapter 148, O.S.L. 2013 (40 O.S. Supp. 2013, Section 2-203); repealing 40 O.S. 2011, Section 2-203, as amended by Section 3, Chapter 71, O.S.L. 2013 (40 O.S. Supp. 2013, Section 2-203); amending 47 O.S. 2011, Section 11-1116, as amended by Section 1, Chapter 238, O.S.L. 2013 (47 O.S. Supp. 2013, Section 11-1116); repealing 47 O.S. 2011, Section 11-1116, as amended by Section 1, Chapter 239, O.S.L. 2013 (47 O.S. Supp. 2013, Section 11-1116); amending 47 O.S. 2011, Section 583, as amended by Section 2, Chapter 145, O.S.L. 2013 (47 O.S. Supp. 2013, Section 583); repealing 47 O.S. 2011, Section 583, as amended by Section 1, Chapter 164, O.S.L. 2013 (47 O.S. Supp. 2013, Section 583); repealing 47 O.S. 2011, Section 583, as amended by Section 1, Chapter 196, O.S.L. 2013 (47 O.S. Supp. 2013, Section 583); amending 47 O.S. 2011, Section 1135.3, as last amended by Section 3, Chapter 365, O.S.L. 2013 (47 O.S. Supp. 2013, Section 1135.3); repealing 47 O.S. 2011, Section 1135.3, as last amended by Section 2, Chapter 229, O.S.L. 2013 (47 O.S. Supp. 2013, Section 1135.3); amending 59 O.S. 2011, Section 199.2, as amended by Section 86, Chapter 229, O.S.L. 2013 (59 O.S. Supp. 2013, Section 199.2); repealing 59 O.S. 2011, Section 199.2, as amended by Section 1, Chapter 298, O.S.L. 2013 (59 O.S. Supp. 2013, Section 199.2); amending 63 O.S. 2011, Section 2-309D, as amended by Section 1, Chapter 162, O.S.L. 2013 (63 O.S. Supp. 2013, Section 2-309D); repealing 63 O.S. 2011, Section 2-309D, as amended by Section 5, Chapter 181, O.S.L. 2013 (63 O.S. Supp. 2013, Section 2-309D); amending 68 O.S. 2011, Section 2817, as amended by Section 1, Chapter 158, O.S.L. 2013 (68 O.S. Supp. 2013, Section 2817); repealing 68 O.S. 2011, Section 2817, as amended by Section 3, Chapter 401, O.S.L. 2013 (68 O.S. Supp. 2013, Section 2817); amending 68 O.S. 2011, Section 3604, as amended by Section 2, Chapter 378, O.S.L. 2013 (68 O.S. Supp. 2013, Section 3604); repealing 68 O.S. 2011, Section 3604, as amended by Section 24, Chapter 227, O.S.L. 2013 (68 O.S. Supp. 2013, Section 3604); amending 68 O.S. 2011, Section 3914, as amended by Section 4, Chapter 378, O.S.L. 2013 (68 O.S. Supp. 2013, Section 3914); repealing 68 O.S. 2011, Section 3914, as amended by Section 29, Chapter 227, O.S.L. 2013 (68 O.S. Supp. 2013, Section 3914); amending 70 O.S. 2011, Section 1210.523, as last amended by Section 1, Chapter 125, O.S.L. 2013 (70 O.S. Supp. 2013, Section 1210.523); repealing 70 O.S. 2011, Section 1210.523, as last amended by Section 1, Chapter 367, O.S.L. 2013 (70 O.S. Supp. 2013, Section 1210.523); repealing 70 O.S. 2011, Section 1210.523, as last amended by Section 2, Chapter 403, O.S.L. 2013 (70 O.S. Supp. 2013, Section 1210.523); and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     10A O.S. 2011, Section 1-6-102, as last amended by Section 2, Chapter 374, O.S.L. 2013 (10A O.S. Supp. 2013, Section 1-6-102), is amended to read as follows:
Section 1-6-102.  A.  Except as provided by this section and except as otherwise specifically provided by state and federal laws, the following records are confidential and shall not be open to the general public or inspected or their contents disclosed:
1.  Juvenile court records;
2.  Agency records;
3.  District attorney's records;
4.  Court Appointed Special Advocate records pertaining to a child welfare case;
5.  Law enforcement records;
5. 6.  Nondirectory education records; and
6. 7.  Social records.
B.  The limitation of subsection A of this section shall not apply to statistical information and other abstract information obtained pursuant to the provisions of the Oklahoma Children's Code.
C.  Except as authorized by Section 620.6 of Title 10 of the Oklahoma Statutes and this chapter and except as otherwise specifically provided by state and federal laws pertaining to education records, medical records, drug or alcohol treatment records, law enforcement, or social service records, the records listed in subsection A of this section shall be confidential and shall be inspected, released, disclosed, corrected or expunged only pursuant to an order of the court.  A subpoena or subpoena duces tecum purporting to compel testimony or disclosure of such information or record shall be invalid.
D.  1.  In a proceeding where the child custody or visitation is at issue, the safety analysis records of the Department shall be produced to the court when a parent, legal guardian, or child who is the subject of such record obtains a court order directing the production of the records.
2.  The person or party seeking the records shall proceed by filing a motion for production of safety analysis records which contains the following averments:
a.	the movant is a parent, legal guardian, or child who is the subject of the safety analysis records,
b.	child custody or visitation is at issue,
c.	that upon receipt from the court, the safety analysis records shall be kept confidential and disclosed only to the movant, the attorneys of the movant, those persons employed by or acting on behalf of the movant and the attorneys of the movant whose aid is necessary to the prosecution or defense of the child custody or visitation issue, and
d.	that a copy of the motion is being provided to the parties, the attorney of the child, if any, and the guardian ad litem, if any.
3.  Upon filing the motion for production of safety analysis records, the court may, in its discretion, enter an ex parte order for production of safety analysis records that shall be substantially in the following form:
CONFIDENTIAL RECORDS DISCLOSURE AND PROTECTIVE ORDER
NOW on this _____ day of _________, 20__, the court finds that child custody or visitation is at issue in the above styled and numbered proceeding and the disclosure of the safety analysis records of the Oklahoma Department of Human Services pursuant to Section 1-6-102 of this title is necessary and relevant to the court's determination of the child's best interests.  The court therefore orders as follows:
a.	The Oklahoma Department of Human Services ("Department" or "DHS") shall produce a copy of its safety analysis records to this court on or before ___ day of _______, 20__.
b.	The Department shall be permitted to redact or omit information in its safety analysis records which may identify the reporter of alleged child abuse or neglect.
c.	All information contained in the safety analysis records of the Department is confidential under Oklahoma law and shall be disclosed only to the parties, the attorneys of the parties, and those persons employed by or acting on behalf of the parties and the attorneys of the parties whose aid is necessary to the prosecution or defense of the child custody or visitation issue.
d.	No confidential information whether contained in pleadings, briefs, discovery, or other documents shall be filed except under seal with the legend "THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION AND IS SUBJECT TO A PROTECTIVE ORDER OF THE COURT".
e.	No person or entity shall utilize any information contained in the safety analysis records for any purpose other than the prosecution or defense of the child custody or visitation issues in this case.
f.	The release by counsel or any other person for any reason of identifiers such as social security or tax ID numbers that may be contained in the Department records and which belong to any person or entity is strictly prohibited.
g.	Any violation of this order shall be subject to prosecution for contempt of court.
IT IS SO ORDERED this ___ day of _______, 20__.
4.  This subsection shall not apply to:
a.	deprived child proceedings brought pursuant to the Oklahoma Children's Code,
b.	discovery of safety analysis records by a person or entity who is not the subject of those records, or
c.	discovery of safety analysis records in criminal, other civil, or administrative proceedings.
5.  The party who has obtained a court order for the safety analysis records of the Department shall provide the Department with the names and other identifying information concerning the subjects of the safety analysis records.
6.  Upon receipt of a court order to produce its safety analysis records, the Department shall be given a minimum of five (5) judicial days to deliver the records to the court.
7.  The safety analysis records provided by the Department to the court pursuant to this subsection shall not be subject to judicial review and shall be released by the court only to the litigants in the case under a protective order.
8.  A court order entered pursuant to this subsection which purports to require the Department to produce all agency records shall be deemed to require only the production of the safety analysis records of the Department.
9.  An employee of the Department shall not be compelled to testify about the safety analysis records except upon a court order directing such testimony.  Any subpoena or subpoena duces tecum purporting to compel disclosure of safety analysis records or testimony concerning such records without a court order shall be invalid.
10.  Except as provided by this subsection or other law, confidential records may be inspected, released, disclosed, corrected, or expunged only by the procedure set forth in subsection E of this section.
E.  When confidential records may be relevant in a criminal, civil, or administrative proceeding, an order of the court authorizing the inspection, release, disclosure, correction, or expungement of confidential records shall be entered by the court only after a judicial review of the records and a determination of necessity pursuant to the following procedure:
1.  A petition or motion shall be filed with the court describing with specificity the confidential records being sought and setting forth in detail the compelling reason why the inspection, release, disclosure, correction, or expungement of confidential records should be ordered by the court.  A petition or motion that does not contain the required specificity or detail may be subject to dismissal by the court;
2.  Upon the filing of the petition or motion, the court shall set a date for a hearing and shall require notice of not less than twenty (20) days to the agency or person holding the records and the person who is the subject of the record if such person is eighteen (18) years of age or older or to the parents of a child less than eighteen (18) years of age who is the subject of the record, to the attorneys, if any, of such person, child or parents and any other interested party as ordered by the court.  The court may also enter an ex parte order compelling the person or agency holding the records to either produce the records to the court on or before the date set for hearing or file an objection or appear for the hearing.  The court may shorten the time allowed for notice due to exigent circumstances;
3.  At the hearing, should the court find that a compelling reason does not exist for the confidential records to be judicially reviewed, the matter shall be dismissed; otherwise, the court shall order that the records be produced for a judicial review.  The hearing may be closed at the discretion of the court; and
4.  The judicial review of the records shall include a determination, with due regard for the confidentiality of the records and the privacy of persons identified in the records, as to whether an order should be entered authorizing the inspection, release, disclosure, correction, or expungement of the records based upon the need for the protection of a legitimate public or private interest.
F.  The court may, for good cause shown, prohibit the release of such confidential records or testimony or authorize a release of the confidential information or testimony upon such conditions as the court deems necessary and appropriate, subject to the provisions of this section.
G.  Any public or private agency, entity, or professional person required to produce confidential records pursuant to this section may require payment of fees from the party seeking the records prior to any records being produced, including a research fee not exceeding Twenty Dollars ($20.00) per hour and a copy fee not to exceed fifty cents ($0.50) per page and Five Dollars ($5.00) per copy of each video tape or disk; provided, the court may waive such costs in a criminal action based upon indigence of a defendant.  The Department shall not be permitted to assess fees for records produced pursuant to subsection D of this section.
H.  Nothing in Section 620.6 of Title 10 of the Oklahoma Statutes and this chapter shall be construed as:
1.  Authorizing the inspection of records or the disclosure of information contained in records relating to the provision of benefits or services funded, in whole or in part, with federal funds, except in accord with federal statutes and regulations governing the receipt or use of such funds;
2.  Authorizing the disclosure of papers, records, books or other information relating to the adoption of a child required to be kept confidential.  The disclosure of such information shall be governed by the provisions of the Oklahoma Adoption Code;
3.  Abrogating any privilege, including the attorney-client privilege, or affecting any limitation on such privilege found in any other statutes;
4.  Limiting or otherwise affecting access of parties to a deprived proceeding to records filed with or submitted to the court;
5.  Limiting or otherwise affecting access of agencies to information subject to disclosure, review, or inspection by contract or as a condition for the receipt of public funds or participation in any program administered by the agency;
6.  Prohibiting the Department of Human Services from summarizing the outcome of an investigation to the person who reported a known or suspected instance of child abuse or neglect or to any person providing services to a child who is or is alleged to be a victim of child abuse;
7.  Authorizing the disclosure of information which identifies any person who has reported an allegation of known or suspected child abuse or neglect unless such disclosure is specifically ordered by the court;
8.  Authorizing the disclosure of a recording or a transcription of a hotline referral which identifies any person who has reported an allegation of known or suspected child abuse or neglect, unless the disclosure is specifically ordered by the court;
9.  Prohibiting the Department of Human Services from providing a summary of allegations and findings of an investigation involving a child care facility that does not disclose identities but that permits parents to evaluate the facility;
10.  Prohibiting the disclosure of confidential information to any educational institution, facility, or educator to the extent necessary to enable the educator to better provide educational services and activities for a child and provide for the safety of students;
11.  Prohibiting the Department from obtaining, without a court order, nondirectory education records pertaining to a child in the legal custody of the Department; or
12.  Prohibiting the Department from providing records to a federally recognized Indian tribe for any individual who has applied for foster care placement, adoptive placement, or guardianship placement through the tribe; provided, that the tribe shall be required to maintain the confidentiality of the records.
SECTION 2.     REPEALER     10A O.S. 2011, Section 1-6-102, as last amended by Section 1, Chapter 387, O.S.L. 2013 (10A O.S. Supp. 2013, Section 1-6-102), is hereby repealed.
SECTION 3.     AMENDATORY     21 O.S. 2011, Section 1290.14, as last amended by Section 1, Chapter 86, O.S.L. 2013 (21 O.S. Supp. 2013, Section 1290.14), is amended to read as follows:
Section 1290.14.
SAFETY AND TRAINING COURSE
A.  Each applicant for a license to carry a concealed or unconcealed handgun pursuant to the Oklahoma Self-Defense Act must successfully complete a firearms safety and training course in this state conducted by a registered and approved firearms instructor as provided by the provisions of this section.  The applicant must further demonstrate competence and qualification with an authorized pistol of the type or types that the applicant desires to carry as a concealed or unconcealed handgun pursuant to the provisions of the Oklahoma Self-Defense Act, except certain persons may be exempt from such training requirement as provided by the provisions of Section 1290.15 of this title.
B.  The Council on Law Enforcement Education and Training (CLEET) shall establish criteria for approving firearms instructors for purposes of training and qualifying individuals for a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act.  Prior to submitting an application for CLEET approval as a firearms instructor, applicants shall attend a firearms instructor school, meeting the following minimum requirements:
1.  Firearms instructor training conducted by one of the following entities:
a.	Council on Law Enforcement Education and Training,
b.	National Rifle Association,
c.	Oklahoma Rifle Association,
d.	federal law enforcement agencies, or
e.	other professionally recognized organizations;
2.  The course shall be at least sixteen (16) hours in length;
3.  Upon completion of the course, the applicant shall be qualified to provide instruction on revolvers, semiautomatic pistols, or both; and
4.  Receive a course completion certificate.
All firearms instructors shall be required to meet the eligibility requirements for a handgun license as provided in Sections 1290.9, 1290.10, and 1290.11 of this title, and the application shall be processed as provided for applicants in Section 1290.12 of this title, including the state and national criminal history records search and fingerprint search.  A firearms instructor shall be required to pay a fee of One Hundred Dollars ($100.00) to the Council on Law Enforcement Education and Training (CLEET) each time the person makes application for CLEET approval as a firearms instructor pursuant to the provisions of the Oklahoma Self-Defense Act.  The fee shall be retained by CLEET and shall be deposited into the Firearms Instructors Revolving Fund.  CLEET shall promulgate the rules, forms and procedures necessary to implement the approval of firearms instructors as authorized by the provisions of this subsection.  CLEET shall periodically review each approved instructor during a training and qualification course to assure compliance with the rules and course contents.  Any violation of the rules may result in the revocation or suspension of CLEET and Oklahoma State Bureau of Investigation approval.  Unless the approval has been revoked or suspended, a firearms instructor's CLEET approval shall be for a term of five (5) years.  Beginning on July 1, 2003, any firearms instructor who has been issued a four-year CLEET approval shall not be eligible for the five-year approval until the expiration of the approval previously issued.  CLEET shall be responsible for notifying all approved firearms instructors of statutory and policy changes related to the Oklahoma Self-Defense Act.  A firearms instructor shall not be required to submit his or her fingerprints for a fingerprint search when renewing a firearms instructor's CLEET approval.
C.  1.  All firearms instructors approved by CLEET to train and qualify individuals for a handgun license shall be required to apply for registration with the Oklahoma State Bureau of Investigation after receiving CLEET approval.  All firearms instructors teaching the approved course for a handgun license must display their registration certificate during each training and qualification course.  Each approved firearms instructor shall complete a registration form provided by the Bureau and shall have the option to pay a registration fee of either One Hundred Dollars ($100.00) for a five-year registration certificate or Two Hundred Dollars ($200.00) for a ten-year registration certificate to the Bureau at the time of each application for registration, except as provided in paragraph 2 of this subsection.  Registration certificates issued by the Bureau shall be valid for a period of five (5) years or ten (10) years from the date of issuance.  The Bureau shall issue a five-year or ten-year handgun license to an approved firearms instructor at the time of issuance of a registration certificate and no additional fee shall be required or charged.  The Bureau shall maintain a current listing of all registered firearms instructors in this state.  Nothing in this paragraph shall be construed to eliminate the requirement for registration and training with CLEET as provided in subsection B of this section.  Failure to register or be trained as required shall result in a revocation or suspension of the instructor certificate by the Bureau.
2.  On or after July 1, 2003, the registered instructors listed in subparagraphs a and b of this paragraph shall not be required to renew the firearms instructor registration certificate with the Oklahoma State Bureau of Investigation at the expiration of the registration term, provided the instructor is not subject to any suspension or revocation of the firearms instructor certificate.  The firearms instructor registration with the Oklahoma State Bureau of Investigation shall automatically renew together with the handgun license authorized in paragraph 1 of this subsection for an additional five-year term and no additional cost or fee may be charged for the following individuals:
a.	an active duty law enforcement officer of this state or any of its political subdivisions or of the federal government who has a valid CLEET approval as a firearms instructor pursuant to the Oklahoma Self-Defense Act, and
b.	a retired law enforcement officer authorized to carry a firearm pursuant to Section 1289.8 of this title who has a valid CLEET approval as a firearms instructor pursuant to the Oklahoma Self-Defense Act.
D.  The Oklahoma State Bureau of Investigation shall approve registration for a firearms instructor applicant who is in full compliance with CLEET rules regarding firearms instructors and the provisions of subsection B of this section, if completion of the federal fingerprint search is the only reason for delay of registration of that firearms instructor applicant.  Upon receipt of the federal fingerprint search information, if the Bureau receives information which precludes the person from having a handgun license, the Bureau shall revoke both the registration and the handgun license previously issued to the firearms instructor.
E.  The required firearms safety and training course and the actual demonstration of competency and qualification required of the applicant shall be designed and conducted in such a manner that the course can be reasonably completed by the applicant within an eight-hour period.  CLEET shall establish the course content and promulgate rules, procedures and forms necessary to implement the provisions of this subsection.  For the training and qualification course, an applicant may be charged a fee which shall be determined by the instructor or entity that is conducting the course.  The instructor to student ratio shall not exceed ten students to any one instructor maximum class size shall be determined by the instructor conducting the course; provided, however, practice shooting sessions shall not have more than ten participating students at one time.  CLEET may establish criteria for assistant instructors, maximum class size and any other requirements deemed necessary to conduct a safe and effective training and qualification course.  The course content shall include a safety inspection of the firearm to be used by the applicant in the training course; instruction on pistol handling, safety and storage; dynamics of ammunition and firing; methods or positions for firing a pistol; information about the criminal provisions of the Oklahoma law relating to firearms; the requirements of the Oklahoma Self-Defense Act as it relates to the applicant; self-defense and the use of appropriate force; a practice shooting session; and a familiarization course.  The firearms instructor shall refuse to train or qualify any person when the pistol to be used or carried by the person is either deemed unsafe or unfit for firing or is a weapon not authorized by the Oklahoma Self-Defense Act.  The course shall provide an opportunity for the applicant to qualify himself or herself on either a derringer, a revolver, a semiautomatic pistol or any combination of a derringer, a revolver and a semiautomatic pistol, provided no pistol shall be capable of firing larger than .45 caliber ammunition.  Any applicant who successfully trains and qualifies himself or herself with a semiautomatic pistol may be approved by the firearms instructor on the training certificate for a semiautomatic pistol, a revolver and a derringer upon request of the applicant.  Any person who qualifies on a derringer or revolver shall not be eligible for a semiautomatic rating until the person has demonstrated competence and qualifications on a semiautomatic pistol.  Upon successful completion of the training and qualification course, a certificate shall be issued to each applicant who successfully completes the course.  The certificate of training shall comply with the form established by CLEET and shall be submitted with an application for a handgun license pursuant to the provisions of paragraph 2 of subsection A of Section 1290.12 of this title.
F.  There is hereby created a revolving fund for the Council on Law Enforcement Education and Training (CLEET), to be designated the "Firearms Instructors Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all funds received for approval of firearms instructors for purposes of the Oklahoma Self-Defense Act.  All funds received shall be deposited to the fund.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Council on Law Enforcement Education and Training, for implementation of the training and qualification course contents, approval of firearms instructors and any other CLEET requirement pursuant to the provisions of the Oklahoma Self-Defense Act or as may otherwise be deemed appropriate by CLEET.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
SECTION 4.     REPEALER     21 O.S. 2011, Section 1290.14, as last amended by Section 1, Chapter 139, O.S.L. 2013 (21 O.S. Supp. 2013, Section 1290.14), is hereby repealed.
SECTION 5.     AMENDATORY     26 O.S. 2011, Section 7-114, as amended by Section 2, Chapter 34, O.S.L. 2013 (26 O.S. Supp. 2013, Section 7-114), is amended to read as follows:
Section 7-114.  A.  Each person appearing to vote shall announce that person's name to the judge of the precinct and shall provide proof of identity, whereupon the judge shall determine whether the person's name is in the precinct registry.  As used in this section, "proof of identity" shall mean a document that satisfies all of the following:
1.  The document shows the name of the person to whom the document was issued, and the name substantially conforms to the name in the precinct registry;
2.  The document shows a photograph of the person to whom the document was issued;
3.  The document includes an expiration date, which is after the date of the election in which the person is appearing to vote.  The provisions of this paragraph shall not apply to:
a.	an identification card that is valid indefinitely, or
b.	an identification card issued by a branch of the armed services of the United States to a person who is a member of such branch or is retired therefrom; and
4.  The document was issued by the United States, the State of Oklahoma or the government of a federally recognized Indian tribe or nation.
Provided, if the person presents a voter identification card issued by the appropriate county election board, such card may serve as proof of identity without meeting the requirements of paragraphs 2 and 3 of this subsection.
B.  1.  If a person declines to or is unable to produce proof of identity, the person may sign a statement under oath, in a form approved by the Secretary of the State Election Board, swearing or affirming that the person is the person identified on the precinct registry, and shall be allowed to cast a provisional ballot in a manner consistent with the provisions of Section 7-116.1 of this title.
2.  A provisional ballot cast by a voter who declines or is unable to produce proof of identity shall only be considered verified and approved for counting if:
a.	the voter's name on the affidavit substantially conforms to the voter's name in the voter registration database, except as provided in paragraph 3 of this subsection,
b.	the voter's residence address on the affidavit substantially conforms to the voter's residence address in the voter registration database, except as provided in paragraph 4 of this subsection,
c.	the voter's date of birth matches the information in the voter registration database,
d.	the voter's Oklahoma driver license number or the last four digits of the voter's Social Security number on the affidavit matches the information in the voter registration database.  The provisions of this subparagraph shall not apply if the voter was not required to provide a driver license number or the last four digits of the voter's Social Security number at the time of registration, and
e.	the provisional ballot meets the eligibility requirements set forth in Section 7-116.1 of this title.
3.  A voter casting a provisional ballot as provided in this section who has legally changed his or her name, but has not updated the name on the voter registry, may note this fact on the affidavit and submit a form prescribed by the Secretary of the State Election Board to update his or her name.  In such a case, and where the requirements of Section 4-117 of this title are satisfied, the provisional ballot shall be deemed to meet the requirements of subparagraph a of paragraph 2 of this subsection.
4.  A voter casting a provisional ballot as provided in this section who has changed his or her address of residence, but has not updated the address on the voter registry, may note this fact on the affidavit and submit a form to update the address prescribed by the Secretary of the State Election Board.  In such a case, and where the requirements of Section 4-117 of this title are satisfied, the provisional ballot shall be deemed to meet the requirements of subparagraph a of paragraph 2 of this subsection.
5.  False swearing or affirming under oath shall be punishable as a felony as provided in Section 16-103 of this title, and the penalty shall be distinctly set forth on the face of the statement.
SECTION 6.     REPEALER     26 O.S. 2011, Section 7-114, as amended by Section 1, Chapter 38, O.S.L. 2013 (26 O.S. Supp. 2013, Section 7-114), is hereby repealed.
SECTION 7.     AMENDATORY     40 O.S. 2011, Section 2-203, as amended by Section 1, Chapter 148, O.S.L. 2013 (40 O.S. Supp. 2013, Section 2-203), is amended to read as follows:
Section 2-203.  CLAIM.
A.  An unemployed individual must file an initial claim for unemployment benefits by calling an Oklahoma Employment Security Commission claims representative in a Commission Call Center, by completing the required forms through the Internet Claims service provided by the Commission, or by completing all forms necessary to process an initial claim in a local office of the Commission or any alternate site designated by the Commission to take unemployment benefit claims.  The Commission may obtain additional information regarding an individual's claim through any form of telecommunication, writing, or interview.  An unemployed individual must file a claim in writing or by telecommunication for benefits with respect to each week in accordance with such rule as the Commission may prescribe.
B.  During the process of filing an initial claim for unemployment benefits, the claimant shall be made aware of the definition of misconduct set out in Section 2-406 of this title, and the claimant shall affirmatively certify that the answers given to all questions in the initial claim process are true and correct to the best of the claimant's knowledge and that no information has been intentionally withheld or misrepresented in an attempt by the claimant to receive benefits to which he or she is not entitled.
C.  With respect to each week, he or she must provide the Commission with a true and correct statement of all material facts relating to:  his or her unemployment; ability to work; availability for work; activities or conditions which could restrict the individual from seeking or accepting full-time employment immediately; applications for or receipt of workers' compensation benefits; employment and earnings; and the reporting of other income from retirement, pension, disability, self-employment, education or training allowances.
D.  No claim will be allowed or paid unless the claimant resides within a state or foreign country with which the State of Oklahoma has entered into a reciprocal or cooperative arrangement pursuant to Part 7 of Article IV of the Employment Security Act of 1980.
E.  The Commission may require the individual to produce documents or information relevant to the claim for benefits.  If the individual has the ability to produce the documents or information and fails to produce it, the individual's claim for unemployment benefits may be disqualified indefinitely by the Commission until the information is produced.  The Commission may require the individual to personally appear at a location for a purpose relevant to the individual's unemployment claim or job search.  If the individual fails to appear, the individual's claim for unemployment benefits may be disqualified indefinitely by the Commission until the individual makes a personal appearance as directed.  An individual that has been disqualified indefinitely by the provisions of this subsection may receive payment for any week between the initial failure and the compliance with this subsection if the claimant is otherwise eligible and has made a timely filing for each intervening week.
SECTION 8.     REPEALER     40 O.S. 2011, Section 2-203, as amended by Section 3, Chapter 71, O.S.L. 2013 (40 O.S. Supp. 2013, Section 2-203), is hereby repealed.
SECTION 9.     AMENDATORY     47 O.S. 2011, Section 11-1116, as amended by Section 1, Chapter 238, O.S.L. 2013 (47 O.S. Supp. 2013, Section 11-1116), is amended to read as follows:
Section 11-1116.  A.  The self-propelled or motor-driven and operated vehicles described in this section shall be prohibited from operating or shall be limited in operation on the streets and highways of this state.
B.  Self-propelled or motor-driven cycles, known and commonly referred to as "minibikes" and other similar trade names, shall be prohibited from operating on the streets and highways of this state, except:
1.  When used in a parade; or
2.  When registered, as required by subsection E of Section 1151 of this title, and operated in this state by food vendor services upon streets having a speed limit of thirty (30) miles per hour or less.
All minibikes offered for sale in this state shall bear the following notice to the customer: "This machine is not manufactured or sold for operation on the public streets or highways.  Since it is not provided with equipment required by law for street or highway use, all persons are cautioned that any operation of this vehicle upon a public street or highway will be in violation of the motor vehicle laws of this state and will subject the violator to arrest."
C.  Golf carts and utility vehicles, as defined by Section 1102 of this title, shall not be operated on the streets and highways of this state except:
1.  Golf carts or utility vehicles owned by the Oklahoma Tourism and Recreation Department, and operated by employees or agents of the Department or employees of independent management companies working on behalf of the Department, may be operated on the streets and highways of this state during daylight hours or under rules developed by the Oklahoma Tourism and Recreation Commission, when the streets and highways are located within the boundaries of a state park.  The Department shall have warning signs placed at the entrance and other locations at those state parks allowing golf carts or utility vehicles to be operated on the streets and highways of this state located within the boundaries of those state parks.  The warning signs shall state that golf carts and utility vehicles may be operating on streets and highways and that motor vehicle operators shall take special precautions to be alert for the presence of golf carts or utility vehicles on the streets and highways;
2.  The municipal governing body has adopted an ordinance governing the operation of golf carts and/or utility vehicles on city streets; provided, such ordinances shall include necessary vehicle lighting and safety requirements;
3.  Golf carts or utility vehicles may operate on state highways only if making a perpendicular crossing of a state highway located within the boundaries of a municipality which has adopted an ordinance governing the operation of golf carts and/or utility vehicles; or
4.  The board of county commissioners of a county has approved the operation of golf cart and/or utility vehicle traffic on roadways within the county, and:
a.	the roadway has a posted speed limit of twenty-five (25) miles per hour or less,
b.	the roadway is located in an unincorporated area, and
c.	appropriate signage, cautioning motorists of the possibility of golf cart or utility vehicle traffic, is erected by the board of county commissioners.
D.  All-terrain vehicles shall not be operated on the streets and highways of this state, except:
1.  On unpaved roads which are located within the boundaries of any property of the Forest Service of the United States Department of Agriculture;
2.  On public streets and highways if:
a.	the vehicle needs to make a direct crossing of the street or highway while the vehicle is traveling upon a regularly traveled trail and needs to continue travel from one area of the trail to another and, if the vehicle comes to a complete stop, yields the right-of-way to all oncoming traffic that constitutes an immediate hazard, and crosses the street or highway at an angle of approximately ninety (90) degrees to the direction of the street or highway.  This exception shall not apply to divided highways or streets or highways with a posted speed limit of more than thirty-five (35) miles per hour in the area of the crossing,
b.	the vehicle needs to travel on a public street or highway in order to cross a railroad track.  In that event, the all-terrain vehicle may travel for not more than three hundred (300) feet on a public street or highway to cross a railroad track,
c.	the operator of the all-terrain vehicle making the crossing at a street or highway has a valid driver license, and
d.	the operator of the vehicle makes a crossing on a street or highway during daylight hours only; and
3.  On streets and highways within a municipality if the municipal governing body has adopted an ordinance governing the operation of golf carts, utility vehicles or all-terrain vehicles on streets and highways within the municipality; or
4.  On roadways within unincorporated areas of a county if the board of county commissioners of the county has approved the operation of all-terrain vehicles on roadways within unincorporated areas of the county and the all-terrain vehicle is only used as an instrument of husbandry.
SECTION 10.     REPEALER     47 O.S. 2011, Section 11-1116, as amended by Section 1, Chapter 239, O.S.L. 2013 (47 O.S. Supp. 2013, Section 11-1116), is hereby repealed.
SECTION 11.     AMENDATORY     47 O.S. 2011, Section 583, as amended by Section 2, Chapter 145, O.S.L. 2013 (47 O.S. Supp. 2013, Section 583), is amended to read as follows:
Section 583.  A.  1.  It shall be unlawful and constitute a misdemeanor for any person to engage in business as, or serve in the capacity of, or act as a used motor vehicle dealer, used motor vehicle salesperson, wholesale used motor vehicle dealer, manufactured home dealer, restricted manufactured home park dealer, manufactured home salesperson, manufactured home installer, or manufactured home manufacturer selling directly to a licensed manufactured home dealer in this state without first obtaining a license or following other requirements therefor as provided in this section.
2.  a.	Any person engaging, acting, or serving in the capacity of a used motor vehicle dealer and/or a used motor vehicle salesperson, a manufactured home dealer, restricted manufactured home park dealer, manufactured home salesperson, a manufactured home installer, or a manufactured home manufacturer, or having more than one place where any such business, or combination of businesses, is carried on or conducted shall be required to obtain and hold a current license for each such business, in which engaged.
b.	A used motor vehicle dealer's license shall authorize one person to sell without a salesperson's license in the event such person shall be the owner of a proprietorship, or the person designated as principal in the dealer's franchise or the managing officer or one partner if no principal person is named in the franchise.
c.	If after a hearing in accordance with the provisions of Section 585 of this title, the Oklahoma Used Motor Vehicle and Parts Commission shall find any person installing a mobile or manufactured home to be in violation of any of the provisions of this act, such person may be subject to an administrative fine of not more than Five Hundred Dollars ($500.00) for each violation.  Each day a person is in violation of this act may constitute a separate violation.  The maximum fine shall not exceed One Thousand Dollars ($1,000.00).  All administrative fines collected pursuant to the provisions of this subparagraph shall be deposited in the fund established in Section 582 of this title.  Administrative fines imposed pursuant to this subparagraph may be enforceable in the district courts of this state.
d.	A salesperson's license may not be issued under a wholesale used motor vehicle dealer's license.
3.  Any person except persons penalized by administrative fine violating the provisions of this section shall, upon conviction, be fined not to exceed Five Hundred Dollars ($500.00).  A second or subsequent conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00); provided that each day such unlicensed person violates this section shall constitute a separate offense, and any vehicle involved in a violation of this subsection shall be considered a separate offense.
B.  1.  Applications for licenses required to be obtained under provisions of this act, Section 581 et seq. of this title, which creates the Oklahoma Used Motor Vehicle and Parts Commission shall be verified by the oath or affirmation of the applicant and shall be on forms prescribed by the Commission and furnished to the applicants, and shall contain such information as the Commission deems necessary to enable it to fully determine the qualifications and eligibility of the several applicants to receive the license or licenses applied for.  The Commission shall require in the application, or otherwise, information relating to:
a.	the applicant's financial standing,
b.	the applicant's business integrity,
c.	whether the applicant has an established place of business and is engaged in the pursuit, avocation, or business for which a license, or licenses, is applied for,
d.	whether the applicant is able to properly conduct the business for which a license, or licenses, is applied for, and
e.	such other pertinent information consistent with the safeguarding of the public interest and the public welfare.
2.  All applications for license or licenses shall be accompanied by the appropriate fee or fees in accordance with the schedule hereinafter provided.  In the event any application is denied and the license applied for is not issued, the entire license fee shall be returned to the applicant.
3.  All bonds and licenses issued under the provisions of this act shall expire on December 31, following the date of issue and shall be nontransferable.  All applications for renewal of licenses should be submitted by November 1 of each year, and licenses shall be issued by January 10.  If applications have not been made for renewal of licenses, such licenses shall expire on December 31 and it shall be illegal for any person to represent himself or herself and act as a dealer thereafter.  Tag agents shall be notified not to accept dealers' titles until such time as licenses have been issued.
4.  A used motor vehicle salesperson's license shall permit the licensee to engage in the activities of a used motor vehicle salesperson.  Salespersons shall not be allowed to sell vehicles unless applications, bonds, and fees are on file with the Commission and the motor vehicle salesperson's or temporary salesperson's license issued.  A temporary salesperson's license, salesperson's renewal or reissue of salesperson's license shall be deemed to have been issued when the appropriate application, bond, and fee have been properly addressed and mailed to the Commission.
Dealers' payrolls and other evidence will be checked to ascertain that all salespersons for such dealers are licensed.
C.  The schedule of license fees to be charged and received by the Commission for the licenses issued hereunder shall be as follows:
1.  For each used motor vehicle dealer's license and each wholesale used motor vehicle dealer's license, Three Hundred Dollars ($300.00).  If a used motor vehicle dealer or a wholesale used motor vehicle dealer has once been licensed by the Commission in the classification for which he or she applies for a renewal of the license, the fee for each subsequent renewal shall be One Hundred Fifty Dollars ($150.00); provided, if an applicant holds a license to conduct business as an automotive dismantler and parts recycler issued pursuant to Section 591.1 et seq. of this title, the initial fee shall be One Hundred Dollars ($100.00) and the renewal fee shall be  One Hundred Dollars ($100.00).  If an applicant is applying simultaneously for a license under this paragraph and a license under paragraph 1 of Section 591.5 of this title, the initial application fee shall be Two Hundred Dollars ($200.00).  For the reinstatement of a used motor vehicle dealer's license after revocation for cancellation or expiration of insurance pursuant to subsection F of this section, the fee shall be One Hundred Dollars ($100.00);
2.  For a used motor vehicle dealer's license, for each place of business in addition to the principal place of business, One Hundred Dollars ($100.00);
3.  For each used motor vehicle salesperson's license and renewal, Twenty-five Dollars ($25.00), and for a transfer, Twenty-five Dollars ($25.00);
4.  For each holder who possesses a valid new motor vehicle dealer's license from the Oklahoma Motor Vehicle Commission, One Hundred Dollars ($100.00) shall be the initial fee for a used motor vehicle license and the fee for each subsequent renewal shall be One Hundred Dollars ($100.00);
5.	a.	For each manufactured home dealer's license or a restricted manufactured home park dealer's license, Three Hundred Dollars ($300.00), and for each place of business in addition to the principal place of business, Two Hundred Dollars ($200.00), and
b.	For each renewal of a manufactured home dealer's license or a restricted manufactured home park dealer's license, and renewal for each place of business in addition to the principal place of business, One Hundred Fifty Dollars ($150.00);
6.	a.	For each manufactured home installer's license, Two Hundred Dollars ($200.00), and
b.	For each renewal of a manufactured home installer's license, Two Hundred Dollars ($200.00);
7.	a.	For each manufactured home manufacturer selling directly to a licensed manufactured home dealer in this state, Seven Hundred Fifty Dollars ($750.00), and
b.	For each renewal of a manufactured home manufacturer's license, Seven Hundred Fifty Dollars ($750.00); and
8.  For each manufactured home salesperson's license or renewal thereof, Twenty-five Dollars ($25.00), and for each transfer, Twenty-five Dollars ($25.00).
D.  1.  The license issued to each used motor vehicle dealer, each wholesale used motor vehicle dealer, each restricted manufactured home park dealer and each manufactured home dealer shall specify the location of the place of business.  If the business location is changed, the Oklahoma Used Motor Vehicle and Parts Commission shall be notified immediately of the change and the Commission may endorse the change of location on the license.  The fee for a change of location shall be One Hundred Dollars ($100.00), and the fee for a change of name, Twenty-five Dollars ($25.00).  The license of each licensee shall be posted in a conspicuous place in the place or places of business of the licensee.
2.  The license issued to each manufactured home installer, and each manufactured home manufacturer shall specify the location of the place of business.  If the business location is changed, the Oklahoma Used Motor Vehicle and Parts Commission shall be notified immediately of the change and the Commission may endorse the change of location on the license without charge.  The license of each licensee shall be posted in a conspicuous place in the place or places of business of the licensee.
3.  Every used motor vehicle salesperson shall have the license upon his or her person when engaged in business, and shall display same upon request.  The name of the employer of the salesperson shall be stated on the license and if there is a change of employer, the license holder shall immediately mail the license to the Commission for its endorsement of the change thereon.  There shall be no charge for endorsement of change of employer on the license or penalty for not having a license upon his or her person.
4.  Every manufactured home installer shall have the license available for inspection at the primary place of business of the licensee.  This license shall be valid for the licensee and all of the employees of the licensee.  Any person who is not an employee of the licensee must obtain a separate manufactured home installer license regardless of whether such person is acting in the capacity of a contractor or subcontractor.
E. 1. a.	Each applicant for a used motor vehicle dealer's license shall procure and file with the Commission a good and sufficient bond in the amount of Fifteen Thousand Dollars ($15,000.00) Twenty-five Thousand Dollars ($25,000.00).  Each new applicant for a used motor vehicle dealer's license for the purpose of conducting a used motor vehicle auction shall procure and file with the Commission a good and sufficient bond in the amount of Fifty Thousand Dollars ($50,000.00).  An applicant who intends to conduct a used motor vehicle auction who provides proof that the applicant has check and title insurance in an amount not less than Fifty Thousand Dollars ($50,000.00) shall only be required to have a bond in the amount of Twenty-five Thousand Dollars ($25,000.00).
b.	Each new applicant for a used motor vehicle dealer license for the purpose of conducting a used motor vehicle business which will consist primarily of non-auction consignment sales which are projected to equal Five Hundred Thousand Dollars ($500,000.00) or more in gross annual sales shall procure and file with the Commission a good and sufficient bond in the amount of Fifty Thousand Dollars ($50,000.00).  The Commission shall prescribe by rule the method of operation of the non-auction consignment dealer in order to properly protect the interests of all parties to the transaction and to provide sanctions against dealers who fail to comply with the rules.
c.	Each applicant for a wholesale used motor vehicle dealer's license shall procure and file with the Commission a good and sufficient bond in the amount of Twenty-five Thousand Dollars ($25,000.00).
d.	Any used motor vehicle dealer who, for the purpose of being a rebuilder, applies for a rebuilder certificate, as provided in Section 591.5 of this title, whether as a new application or renewal, shall procure and file with the Commission a good and sufficient bond in the amount of Fifteen Thousand Dollars ($15,000.00), in addition to any other bonds required.
e.	Each applicant for a manufactured home dealer's license or a restricted manufactured home park dealer's license shall procure and file with the Commission a good and sufficient bond in the amount of Thirty Thousand Dollars ($30,000.00).
f.	Each manufactured home manufacturing facility selling directly to a licensed manufactured home dealer in this state shall procure and file with the Commission a good and sufficient bond in the amount of Thirty Thousand Dollars ($30,000.00).  In addition to all other conditions and requirements set forth herein, the bond shall require the availability of prompt and full warranty service by the manufacturer to comply with all warranties expressed or implied in connection with each manufactured home which is manufactured for resale in this state.  A manufacturer may not sell, exchange, or lease-purchase a manufactured home to a person in this state who is not a licensed home dealer.
g.	The bond shall be approved as to form by the Attorney General and conditioned that the applicant shall not practice fraud, make any fraudulent representation, or violate any of the provisions of this act in the conduct of the business for which the applicant is licensed.  One of the purposes of the bond is to provide reimbursement for any loss or damage suffered by any person by reason of issuance of a certificate of title by a used motor vehicle dealer, a wholesale used motor vehicle dealer, a restricted manufactured home park dealer or a manufactured home dealer.
2.  If a motor vehicle dealer has a valid license issued by the Oklahoma Motor Vehicle Commission, then the bond as required by this subsection shall be waived.
3.  Each applicant for a used motor vehicle salesperson's license shall procure and file with the Commission a good and sufficient bond in the amount of One Thousand Dollars ($1,000.00).  The bond shall be approved as to form by the Attorney General and conditioned that the applicant shall perform duties as a used motor vehicle salesperson without fraud or fraudulent representation and without violating any provisions of this act.
4.  The bonds as required by this section shall be maintained throughout the period of licensure.  Should the bond be canceled for any reason, the license shall be revoked as of the date of cancellation unless a new bond is furnished prior to such date.
F.  Any used motor vehicle dealer or wholesale used motor vehicle dealer is required to furnish and keep in force a minimum of Twenty-five Thousand Dollars ($25,000.00) of single liability insurance coverage on all vehicles offered for sale or used in any other capacity in demonstrating or utilizing the streets and roadways in accordance with the financial responsibility laws of this state.
G.  Any manufactured home dealer or restricted manufactured home park dealer is required to furnish and keep in force a minimum of One Hundred Thousand Dollars ($100,000.00) of garage liability or general liability with products and completed operations insurance coverage.
H.  Any manufactured home installer is required to furnish and keep in force a minimum of Twenty-five Thousand Dollars ($25,000.00) of general liability with products and completed operations insurance coverage.
SECTION 12.     REPEALER     47 O.S. 2011, Section 583, as amended by Section 1, Chapter 164, O.S.L. 2013 (47 O.S. Supp. 2013, Section 583), is hereby repealed.
SECTION 13.     REPEALER     47 O.S. 2011, Section 583, as amended by Section 1, Chapter 196, O.S.L. 2013 (47 O.S. Supp. 2013, Section 583), is hereby repealed.
SECTION 14.     AMENDATORY     47 O.S. 2011, Section 1135.3, as last amended by Section 3, Chapter 365, O.S.L. 2013 (47 O.S. Supp. 2013, Section 1135.3), is amended to read as follows:
Section 1135.3.  A.  The Oklahoma Tax Commission is hereby authorized to design and issue appropriate official special license plates to persons wishing to demonstrate support, interest, or membership to or for an organization, occupation, cause or other subject as provided by this section.
Special license plates shall not be transferred to any other person but shall be removed from the vehicle upon transfer of ownership and retained.  The special license plate may then be used on another vehicle but only after such other vehicle has been registered for the current year.
Special license plates shall be renewed each year by the Tax Commission or a motor license agent.  The Tax Commission shall annually notify by mail all persons issued special license plates.  The notice shall contain all necessary information and shall contain instructions for the renewal procedure upon presentation to a motor license agent or the Tax Commission.  The license plates shall be issued on a staggered system.
The Tax Commission is hereby directed to develop and implement a system whereby motor license agents are permitted to accept applications for special license plates authorized under this section.  The motor license agent shall confirm the applicant's eligibility, if applicable, collect and deposit any amount specifically authorized by law, accept and process the necessary information directly into such system and generate a receipt accordingly.  For performance of these duties, motor license agents shall retain the fee provided in Section 1141.1 of this title for registration of a motor vehicle.  The motor license agent fees for acceptance of applications and renewals shall be paid out of the Oklahoma Tax Commission Reimbursement Fund.
If fewer than one hundred of any type of special license plates authorized prior to January 1, 2004, are issued prior to January 1, 2006, the Tax Commission shall discontinue issuance and renewal of that type of special license plate.  Any such authorized special license plate registrant shall be allowed to display the license plate upon the designated vehicle until the registration expiration date.  After such time the expired special license plate shall be removed from the vehicle.
Except as otherwise provided in this section, for special license plates authorized on or after July 1, 2004, no special license plates shall be developed or issued by the Tax Commission until the Commission receives one hundred (100) prepaid applications therefor.  The prepaid applications must be received by the Tax Commission within one hundred eighty (180) days of the effective date of the authorization or the authority to issue shall be null and void.  In the event one hundred (100) prepaid applications are not received by the Tax Commission within such prescribed time period any payment so received shall be refunded accordingly.
B.  The special license plates provided by this section are as follows:
1.  Round and Square Dance License Plates - such plates shall be designed and issued to any person wishing to demonstrate support for round and square dancing;
2.  National Association for the Advancement of Colored People License Plates - such plates shall be designed, subject to the criteria to be presented to the Tax Commission by the NAACP, and issued to any person wishing to demonstrate support for the NAACP;
3.  National Rifle Association License Plates - such plates shall be designed, subject to the criteria to be presented to the Tax Commission by the National Rifle Association, and issued to any person wishing to demonstrate support for the National Rifle Association;
4.  Masonic Fraternity License Plates - such plates shall be designed and issued to any resident of this state who is a member of a Masonic Fraternity of Oklahoma.  Such persons may apply for a Masonic Fraternity license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of a Masonic Fraternity membership or upon the presentment of an application for a Masonic Fraternity license plate authorized and approved by the Grand Lodge of Oklahoma.  The license plates shall be designed in consultation with the Masonic Fraternities of Oklahoma and shall contain the Masonic emblem;
5.  Shriner's Hospitals for Burned and Crippled Children License Plates - such plates shall be designed to demonstrate support for Shriner's Hospitals for Burned and Crippled Children and shall be issued to any resident of this state who is a member of a Shriner's Temple in Oklahoma.  The license plate shall be designed in consultation with the Shriner's Temples in Oklahoma and shall contain the Shriner's emblem;
6.  Balloonists License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for hot air ballooning in this state;
7.  Order of the Eastern Star License Plates - such plates shall be designed and issued to any resident of this state who is a member of an Order of the Eastern Star.  Such persons may apply for an Order of the Eastern Star license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of an Order of the Eastern Star membership or upon the presentment of an application for an Order of the Eastern Star license plate authorized and approved by the organization.  The license plate shall be designed in consultation with the Order of the Eastern Star and shall contain the Order of the Eastern Star emblem;
8.  Knights of Columbus License Plates - such plates shall be designed and issued to any resident of this state who is a member of the Knights of Columbus.  Such persons may apply for a Knights of Columbus license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of a Knights of Columbus membership or upon the presentment of an application for a Knights of Columbus license plate authorized and approved by the organization.  The license plate shall be designed in consultation with the Knights of Columbus and shall contain the Knights of Columbus emblem;
9.  Jaycees License Plates - such plates shall be designed and issued to members of the Jaycees.  Persons applying for such license plate must show proof of membership in the Jaycees.  The license plates shall be designed in consultation with the Jaycees;
10.  Ducks Unlimited License Plates – such plates shall be designed and issued to members of Ducks Unlimited.  Persons applying for and renewing such license plates must show proof of tag membership in Ducks Unlimited.  The license plates shall be designed in consultation with Ducks Unlimited;
11.  Kiwanis International License Plates – such plates shall be designed and issued to members of Kiwanis International.  Persons applying for such license plate must show proof of membership in Kiwanis International.  The license plates shall be designed in consultation with Kiwanis International;
12.  Certified Public Accountants License Plates - such plates shall be designed and issued to any resident of this state who is a Certified Public Accountant.  Such persons may apply for a Certified Public Accountant license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of status as a Certified Public Accountant.  The license plates shall be designed in consultation with the Oklahoma Society of Certified Public Accountants;
13.  Civil Emergency Management License Plates – such plates shall be designed and issued to persons wishing to demonstrate support for the state civil emergency management system.  Persons applying for such license plate must show proof of official affiliation by presenting a nonexpired proof of employment, affiliation or retirement in the form of an identification card or letter on official letterhead from a municipal, county or state emergency management department head;
14.  Civilian Conservation Corps License Plates – such plates shall be designed, subject to criteria to be presented to the Tax Commission, by the Civilian Conservation Corps Association, and issued to any person wishing to demonstrate support of the Civilian Conservation Corps;
15.  Rotarian License Plates – such plates shall be designed and issued to any resident of this state who is a member of a Rotarian Club of Oklahoma.  Such persons may apply for a Rotarian license plate for each vehicle with a rated carrying capacity of one (1) ton or less upon proof of a Rotarian Club membership or upon the presentment of an application for a Rotarian license plate authorized and approved by a Rotarian Club of Oklahoma.  The license plates shall be designed in consultation with the five Rotarian District Governors and shall contain the Rotarian emblem;
16.  Benevolent Protective Order of Elks – such plates shall be designed, subject to criteria to be presented to the Tax Commission, by the Benevolent Protective Order of Elks, and issued to any resident of this state who is a member of the Benevolent Protective Order of Elks;
17.  Humane Society License Plates – such plates shall be designed and issued to any person wishing to demonstrate support for the Humane Society of the United States.  The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates.  The plate shall contain the official Humane Society logo;
18.  Oklahoma Mustang Club – such plates shall be designed, subject to criteria to be presented to the Tax Commission, by the Oklahoma Mustang Club, and issued to any resident of this state who is a member of the Oklahoma Mustang Club.  Such persons may apply for an Oklahoma Mustang Club license plate upon presentment of proof of membership in the Oklahoma Mustang Club.  The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates;
19.  American Business Clubs (AMBUCS) License Plates - such plates shall be designed and issued to members of American Business Clubs.  Persons applying for such license plate must show proof of membership in AMBUCS.  The license plates shall be designed in consultation with American Business Clubs;
20.  West Point 200th Anniversary License Plates – such plates shall be designed and issued to any person wishing to commemorate the Two Hundredth Anniversary of the founding of the United States Military Academy at West Point, New York.  The license plates shall be designed in consultation with the West Point Society of Central Oklahoma;
21.  Oklahoma Aquarium License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for the Oklahoma Aquarium.  The license plates shall be designed in consultation with the Oklahoma Aquarium;
22.  The Pride of Broken Arrow License Plates – such plates shall be designed and issued to any person wishing to demonstrate support for The Pride of Broken Arrow marching band.  The plates shall be designed in consultation with the Broken Arrow Public School System;
23.  Fellowship of Christian Athletes License Plates - such plates shall be designed in consultation with the Fellowship of Christian Athletes and issued to members and supporters of the Fellowship of Christian Athletes;
24.  Parrothead Club License Plates - such plates shall be designed and issued to members and supporters of the Parrothead Club.  The license plate shall be issued to any person in any combination of numbers and letters from one to a maximum of seven as for personalized license plates;
25.  Oklahoma Bicycling Coalition License Plates – such plates shall be designed and issued to any person who is a member of the Oklahoma Bicycling Coalition.  The license plates shall be designed in consultation with the Oklahoma Bicycling Coalition;
26.  Electric Lineman License Plate – such plates shall be designed and issued to persons wishing to demonstrate support for Oklahoma's electric linemen.  The license plates shall be designed in consultation with the Oklahoma Electric Superintendent's Association;
27.  Alpha Kappa Alpha License Plate – such plates shall be designed and issued to any person who is a member of Alpha Kappa Alpha Sorority.  The license plates shall be designed in consultation with the Oklahoma Chapter of Alpha Kappa Alpha Sorority;
28.  The National Pan-Hellenic Council Incorporated License Plate – such plates shall be designed and issued to any person wishing to demonstrate support to any of the nine sororities and fraternities recognized by the National Pan-Hellenic Council Incorporated.  The license plates shall be designed in consultation with the Oklahoma Chapter of the National Pan-Hellenic Council Incorporated;
29.  Organ, Eye and Tissue License Plate – such plates shall be designed and issued to persons wishing to demonstrate support and increase awareness for organ, eye and tissue donation.  The license plates shall be designed in consultation with the Oklahoma Organ Donor Education and Awareness Program Advisory Council State Department of Health;
30.  Central Oklahoma Habitat for Humanity License Plate – such plates shall be designed and issued to persons wishing to demonstrate support and increase awareness for Habitat for Humanity.  The license plate shall be designed in consultation with Central Oklahoma Habitat for Humanity;
31.  Family Career and Community Leaders of America Incorporated License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for Family Career and Community Leaders of America Incorporated.  The license plates shall be designed in consultation with Family Career and Community Leaders of America Incorporated;
32.  Delta Sigma Theta License Plate – such plates shall be designed and issued to any person who is a member of Delta Sigma Theta Sorority.  The license plates shall be designed in consultation with the Oklahoma Chapter of Delta Sigma Theta Sorority Incorporated;
33.  Omega Psi Phi License Plate – such plates shall be designed and issued to any person who is a member of Omega Psi Phi Fraternity.  The license plates shall be designed in consultation with the Oklahoma Chapter of Omega Psi Phi Fraternity Incorporated;
34.  Alpha Phi Alpha License Plate – such plates shall be designed and issued to any person who is a member of Alpha Phi Alpha Fraternity.  The license plates shall be designed in consultation with the Oklahoma Chapter of Alpha Phi Alpha Fraternity Incorporated;
35.  50th Anniversary of the Interstate System of Highways License Plate – such plates shall be designed and issued to persons wishing to commemorate the 50th Anniversary of the Interstate System of Highways.  The license plates shall be designed in consultation with the American Association of State Highway and Transportation Officials;
36.  Kappa Alpha Psi License Plate - such plates shall be designed and issued to any person who is a member of Kappa Alpha Psi Fraternity.  The license plates shall be designed in consultation with the Oklahoma Chapter of Kappa Alpha Psi Fraternity Incorporated;
37.  Sigma Gamma Rho License Plate - such plates shall be designed and issued to any person who is a member of Sigma Gamma Rho Sorority.  The license plates shall be designed in consultation with the Oklahoma Chapter of Sigma Gamma Rho Sorority Incorporated.  Subject to the provisions of subsection A of this section, the Sigma Gamma Rho License Plate is hereby reauthorized effective November 1, 2013;
38.  Multiple Sclerosis License Plate – such plates shall be designed and issued to persons wishing to demonstrate support for and increase awareness of multiple sclerosis.  The license plates shall be designed in consultation with the Oklahoma Chapter of the National Multiple Sclerosis Society;
39.  Frederick Douglass High School License Plates – such plates shall be designed and issued to any person wishing to demonstrate support for Frederick Douglass High School located in Oklahoma City.  The plates shall be designed in consultation with representatives of Frederick Douglass High School National Alumni Association;
40.  United States Air Force Academy License Plates – such plates shall be designed and issued to any person wishing to demonstrate support for the United States Air Force Academy;
41.  In God We Trust License Plate – such plates shall be designed to include the motto, "In God We Trust", and shall be issued to any person wishing to demonstrate support for the motto;
42.  National Weather Center License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the National Weather Center in Norman.  The plates shall be designed in consultation with representatives of the National Weather Center Directors;
43.  Make-A-Wish Foundation License Plate – such plates shall be designed and issued to persons wishing to demonstrate support for the Make-A-Wish Foundation.  The license plates shall be designed in consultation with the Oklahoma Chapter of the National Make-A-Wish Foundation;
44.  South Central Section PGA Foundation License Plate - such plates shall be designed and issued to persons wishing to demonstrate support for the South Central Section PGA Foundation.  The license plates shall be designed in consultation with the South Central Section PGA Foundation;
45.  Putnam City High School License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for Putnam City High School.  The plates shall be designed in consultation with representatives of Putnam City High School Alumni Association, Inc.;
46.  Autism Awareness License Plate - such plates shall be designed and issued to any person wishing to increase awareness of autism.  The license plate shall be designed in consultation with the Oklahoma Autism Network;
47.  Oklahoma Blood Institute License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma Blood Institute.  The license plates shall be designed in consultation with the Oklahoma Blood Institute;
48.  Zeta Phi Beta and Phi Beta Sigma License Plate - such plates shall be designed and issued to any person who is a member of Zeta Phi Beta Sorority or Phi Beta Sigma Fraternity.  The license plates shall be designed in consultation with the Oklahoma chapters of Zeta Phi Beta Sorority Incorporated and Phi Beta Sigma Fraternity Incorporated;
49.  Star Spencer High School License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for Star Spencer High School located in Oklahoma City.  The plates shall be designed in consultation with representatives of the Star Spencer High School Alumni Association;
50.  Northeast High School License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for Northeast High School located in Oklahoma City.  The plates shall be designed in consultation with representatives of the Northeast High School Alumni Association;
51.  Oklahoma City Central High School License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma City Central High School Alumni Association.  The plates shall be designed in consultation with representatives of the Oklahoma City Central High School Alumni Association;
52.  Historic Greenwood District License Plate - such plates shall be issued to persons wishing to demonstrate support for music festivals held in the Historic Greenwood District in Tulsa, Oklahoma.  The license plates shall be designed in consultation with the Greenwood Cultural Center;
53.  Oklahoma Rifle Association License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma Rifle Association.  The plates shall be designed in consultation with representatives of the Oklahoma Rifle Association;
54.  Oklahoma City Thunder License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma City Thunder.  The license plate shall be designed in consultation with the Oklahoma City Thunder organization;
55.  Ovarian Cancer Awareness License Plate – such plates shall be designed and issued to any person wishing to increase awareness of ovarian cancer.  The license plate shall be designed in consultation with the HOPE in Oklahoma organization;
56.  BMW Car Club of America License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the BMW Car Club of America.  The plates shall be issued to any person in any combination of numbers and letters from one to a maximum of seven, as for personalized license plates.  The license plate shall be designed in consultation with the Sunbelt Chapter of the BMW Car Club of America.  Subject to the provisions of subsection A of this section, the BMW Car Club of America License Plate is hereby reauthorized effective November 1, 2013;
57.  Don't Tread On Me License Plate – such plates shall be designed to include the yellow background and rattlesnake emblem above the motto "DON'T TREAD ON ME" as found on the historic Gadsden flag, and shall be issued to any person wishing to demonstrate support for the freedom and liberty of the Republic;
58.  Oklahomans for the Arts License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for arts, culture and creative industries as well as arts education.  The plates shall be designed in consultation with Oklahomans for the Arts;
59.  Oklahoma City Barons License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma City Barons.  The license plate shall be designed in consultation with the Oklahoma City Barons organization.  The license plates shall be issued to any person in any combination of numbers and letters from one to a maximum of six;
60.  Oklahoma City Redhawks License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the Oklahoma City Redhawks.  The license plate shall be designed in consultation with the Oklahoma City Redhawks organization;
61.  Tulsa Shock License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the Tulsa Shock.  The license plate shall be designed in consultation with the Tulsa Shock organization;
62.  Tulsa Oilers License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the Tulsa Oilers.  The license plate shall be designed in consultation with the Tulsa Oilers organization;
63.  Tulsa Drillers License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the Tulsa Drillers.  The license plate shall be designed in consultation with the Tulsa Drillers organization;
64.  Millwood School District License Plate – such plates shall be designed and issued to any person wishing to demonstrate support for the Millwood School District.  The license plate shall be designed in consultation with representatives of the Millwood School District;
65.  Booker T. Washington High School License Plate – such plates shall be issued to persons wishing to demonstrate support for Booker T. Washington High School and shall be designed in consultation with the Booker T. Washington High School National Alumni Association;
66.  Oklahoma Current State Flag License Plate – such plates shall be designed to include the current Oklahoma state flag and issued to any person wishing to demonstrate support for the current Oklahoma state flag.  The plates shall be designed in consultation with the Friends of the Oklahoma History Center;
67.  Oklahoma Original State Flag License Plate – such plates shall be designed to include the original Oklahoma state flag and issued to any person wishing to demonstrate support for the original Oklahoma state flag.  The plates shall be designed in consultation with the Friends of the Oklahoma History Center; and
68.  Tulsa 66ers License Plate - such plates shall be designed and issued to any person wishing to demonstrate support for the Tulsa 66ers.  The plates shall be designed in consultation with the Tulsa 66ers Organization.
C.  The fee for such plates shall be Fifteen Dollars ($15.00) and shall be in addition to all other registration fees provided by the Oklahoma Vehicle License and Registration Act.  Unless otherwise provided in this section, the fee shall be apportioned as follows: Eight Dollars ($8.00) of the special license plate fee shall be deposited in the Oklahoma Tax Commission Reimbursement Fund to be used for the administration of the Oklahoma Vehicle License and Registration Act and the remaining Seven Dollars ($7.00) of the special license plate fee shall be apportioned as provided in Section 1104 of this title.
SECTION 15.     REPEALER     47 O.S. 2011, Section 1135.3, as last amended by Section 2, Chapter 229, O.S.L. 2013 (47 O.S. Supp. 2013, Section 1135.3), is hereby repealed.
SECTION 16.     AMENDATORY     59 O.S. 2011, Section 199.2, as amended by Section 86, Chapter 229, O.S.L. 2013 (59 O.S. Supp. 2013, Section 199.2), is amended to read as follows:
Section 199.2.  A.  1.  There is hereby re-created, to continue until July 1, 2013 2017, in accordance with the provisions of the Oklahoma Sunset Law, a State Board of Cosmetology and Barbering which shall be composed of eleven (11) members to be appointed by the Governor and to serve at the pleasure of the Governor.
2.  One member shall be appointed from each congressional district and the additional members shall be appointed at large.  However, when congressional districts are redrawn each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts.  Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member.  One member shall be a barber appointed at-large.
3.  At the time of appointment, the members shall be citizens of this state, at least twenty-five (25) years of age, and shall be high school graduates.  Eight members shall, at the time of appointment, have had at least five (5) years' continuous practical experience in the practice of cosmetology or barbering in this state, one member shall be a lay person, one member shall be an administrator of a licensed private cosmetology school, one member shall be an administrator of a licensed barber school, and one member shall be an administrator of a public school licensed to teach cosmetology.
4.  No two members shall be graduates of the same cosmetology school, nor shall they be organizers of or promote the organization of any cosmetic, beauty, or hairdressers' association.  Each of the eight cosmetology appointees shall continue to be actively engaged in the profession of cosmetology while serving.  No two members engaged in the profession of barbering shall be organizers of or promote the organization of any barbering association.  Each of the four barbering appointees shall continue to be actively engaged in the profession of barbering while serving.
5.  If any member retires or ceases to practice his or her profession during the term of membership on the Board, such terms shall automatically cease and the Governor shall appoint a like-qualified person to fulfill the remainder of the term.
B.  The terms of office for Board members shall be four (4) years ending June 30.
C.  Each member shall serve until a successor is appointed and qualified.
D.  Six members of the Board shall constitute a quorum for the transaction of business.
E.  The Governor may remove any member of the Board at any time at the Governor's discretion.  Vacancies shall be filled by appointment by the Governor for the unexpired portion of the term.
F.  The Board shall organize by electing from its membership a chair and vice-chair, each to serve for a period of one (1) year.  The presiding officer shall not be entitled to vote upon any question except in the case of a tie vote.
Members shall be reimbursed for their actual and necessary traveling expenses as provided by the State Travel Reimbursement Act.
G.  Within thirty (30) days after the end of each fiscal year, the Board shall make a full report to the Governor of all its receipts and expenditures, and also a full statement of its work during the year, together with such recommendations as the Board deems expedient.
H.  The Board may expend funds for suitable office space for the transaction of its business.  The Board shall adopt a common seal for the use of the executive director in authenticating Board documents.
I.  The Board shall meet at its office for the transaction of such business as may come before it on the second Monday in January, March, May, July, September, and November and at such other times as it may deem advisable.
SECTION 17.     REPEALER     59 O.S. 2011, Section 199.2, as amended by Section 1, Chapter 298, O.S.L. 2013 (59 O.S. Supp. 2013, Section 199.2), is hereby repealed.
SECTION 18.     AMENDATORY     63 O.S. 2011, Section 2-309D, as amended by Section 1, Chapter 162, O.S.L. 2013 (63 O.S. Supp. 2013, Section 2-309D), is amended to read as follows:
Section 2-309D.  A.  The information collected at the central repository pursuant to the Anti-Drug Diversion Act shall be confidential and shall not be open to the public.  Access to the information shall be limited to:
1.  Peace officers certified pursuant to Section 3311 of Title 70 of the Oklahoma Statutes who are employed as investigative agents of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
2.  The United States Drug Enforcement Administration Diversion Group Supervisor;
3.  The executive director or chief investigator, as designated by each board, of the following state boards:
a.	Board of Podiatric Medical Examiners,
b.	Board of Dentistry,
c.	State Board of Pharmacy,
d.	State Board of Medical Licensure and Supervision,
e.	State Board of Osteopathic Examiners,
f.	State Board of Veterinary Medical Examiners,
g.	Oklahoma Health Care Authority,
h.	Department of Mental Health and Substance Abuse Services, and
i.	State Board of Health;
provided, however, that the executive director or chief investigator of each of these boards shall be limited to access to information relevant to licensees of the employing board of such executive director or chief investigator;
4.  A multicounty grand jury properly convened pursuant to the Multicounty Grand Jury Act; and
5.  The Department of Mental Health and Substance Abuse Services and the State Department of Health for statistical, research, substance abuse prevention or educational purposes provided that the consumer's confidentiality is not compromised.
B.  This section shall not prevent the disclosure access, at the discretion of the Director of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, of to investigative information to by peace officers and investigative agents of federal, state, county or municipal law enforcement agencies, district attorneys and the Attorney General in furtherance of criminal investigations or prosecutions within their respective jurisdictions, and to registrants in furtherance of efforts to guard against the diversion of controlled dangerous substances.
C.  This section shall not prevent the disclosure, at the discretion of the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, of statistical information gathered from the central repository to the general public which shall be limited to types and quantities of controlled substances dispensed and the county where dispensed.
D.  Any unauthorized disclosure of any information collected at the central repository provided by the Anti-Drug Diversion Act shall be a misdemeanor.  Violation of the provisions of this section shall be deemed willful neglect of duty and shall be grounds for removal from office.
E.  Notwithstanding the provisions of subsection B of this section, registrants shall have no requirement or obligation to access or check the information in the central repository prior to dispensing or administering medications or as part of their professional practices.  Registrants shall not be liable to any person for any claim of damages as a result of accessing or failing to access the information in the central repository and no lawsuit may be predicated thereon.  Nothing herein shall be construed to relieve a registrant from any duty to monitor and report the sales of certain products pursuant to subsection E of Section 2-309C of this title.
F.  Information regarding nonfatal overdoses, other than statistical information as required by Section 2-106 of this title, shall be completely confidential.  Access to this information shall be strictly limited to the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or designee, the Chief Medical Examiner, and the registrant that enters the information.  Registrants shall not be liable to any person for a claim of damages for information reported pursuant to the provisions of Section 2-105 of this title.
SECTION 19.     REPEALER     63 O.S. 2011, Section 2-309D, as amended by Section 5, Chapter 181, O.S.L. 2013 (63 O.S. Supp. 2013, Section 2-309D), is hereby repealed.
SECTION 20.     AMENDATORY     68 O.S. 2011, Section 2817, as amended by Section 1, Chapter 158, O.S.L. 2013 (68 O.S. Supp. 2013, Section 2817), is amended to read as follows:
Section 2817.  A.  All taxable personal property, except intangible personal property, personal property exempt from ad valorem taxation, or household personal property, shall be listed and assessed each year at its fair cash value, estimated at the price it would bring at a fair voluntary sale, as of January 1.
The fair cash value of household personal property shall be valued at ten percent (10%) of the appraised value of the improvement to the residential real property within which such personal property is located as of January 1 each year.  The assessment of household personal property as provided by this section may be altered by the taxpayer listing such property at its actual fair cash value.  For purposes of establishing the value of household personal property, pursuant to the requirement of Section 8 of Article X of the Oklahoma Constitution, the percentage of value prescribed by this section for the household personal property shall be presumed to constitute the fair cash value of the personal property.
All unmanufactured farm products shall be assessed and valued as of the preceding May 31.  Every person, firm, company, association, or corporation, in making the assessment, shall assess all unmanufactured farm products owned by the person, firm, company, association or corporation on the preceding May 31, at its fair cash value on that date instead of January 1.
Stocks of goods, wares and merchandise shall be assessed at the value of the average amount on hand during the preceding year, or the average amount on hand during the part of the preceding year the stock of goods, wares or merchandise was at its January 1 location.
B.  All taxable real property shall be assessed annually as of January 1, at its fair cash value, estimated at the price it would bring at a fair voluntary sale for:
1.  The highest and best use for which the property was actually used during the preceding calendar year; or
2.  The highest and best use for which the property was last classified for use if not actually used during the preceding calendar year.
When improvements upon residential real property are divided by a taxing jurisdiction line, those improvements shall be valued and assessed in the taxing jurisdiction in which the physical majority of those improvements are located.
The Ad Valorem Division of the Oklahoma Tax Commission shall be responsible for the promulgation of rules which shall be followed by each county assessor of the state, for the purposes of providing for the equitable use valuation of locally assessed real property in this state.  Agricultural land and nonresidential improvements necessary or convenient for agricultural purposes shall be assessed for ad valorem taxation based upon the highest and best use for which the property was actually used, or was previously classified for use, during the calendar year next preceding January 1 on which the assessment is made.
C.  The use value of agricultural land shall be based on the income capitalization approach using cash rent.  The rental income shall be calculated using the direct capitalization method based upon factors including, but not limited to:
1.  Soil types, as depicted on soil maps published by the Natural Resources Conservation Service of the United States Department of Agriculture;
2.  Soil productivity indices approved by the Ad Valorem Division of the Tax Commission;
3.  The specific agricultural purpose of the soil based on use categories approved by the Ad Valorem Division of the Tax Commission; and
4.  A capitalization rate to be determined annually by the Ad Valorem Division of the Tax Commission based on the sum of the average first mortgage interest rate charged by the Federal Land Bank for the immediately preceding five (5) years, weighted with the prevailing rate or rates for additional loans or equity, and the effective tax rate.
The final use value will be calculated using the soil productivity indices and the agricultural use classification as defined by rules promulgated by the State Board of Equalization.  This subsection shall not be construed in a manner which is inconsistent with the duties, powers and authority of the Board as to valuation of the counties as fixed and defined by Section 21 of Article X of the Oklahoma Constitution.
However, in calculating the use value of buffer strips as defined in Section 2817.2 of this title, exclusive consideration shall be based only on income from production agriculture from such buffer strips, not including federal or state subsidies, when valued as required by subsection C of Section 2817.2 of this title.
D.  The use value of nonresidential improvements on agricultural land shall be based on the cost approach to value estimation using currently updated cost manuals published by the Marshall and Swift Company or similar cost manuals approved by the Ad Valorem Division of the Tax Commission.  The use value estimates for the nonresidential improvements shall take obsolescence and depreciation into consideration in addition to necessary adjustments for local variations in the cost of labor and materials.  This section shall not be construed in a manner which is inconsistent with the duties, powers and authority of the Board as to equalization of valuation of the counties as determined and defined by Section 21 of Article X of the Oklahoma Constitution.
The use value of facilities used for poultry production shall be determined according to the following procedures:
1.  The Ad Valorem Division of the Tax Commission is hereby directed to develop a standard system of valuation of both real and personal property of such facilities, which shall be used by all county assessors in this state, under which valuation based on the following shall be presumed to be the fair cash value of the property:
a.	for real property, a ten-year depreciation schedule, at the end of which the residual value is twenty percent (20%) of the value of the facility during its first year of operation, and
b.	for personal property, a five-year depreciation schedule, at the end of which the residual value is zero;
2.  Such facilities shall be valued only in comparison to other facilities used exclusively for poultry production.  Such a facility which is no longer used for poultry production shall be deemed to have no productive use;
3.  During the first year such a facility is placed on the tax rolls, its fair cash value shall be presumed to be the lesser of the actual purchase price or the actual documented cost of construction; and
4.  For the purpose of determining the valuation of nonresidential improvements used for poultry production, the provisions of this subsection shall be applicable and such improvements shall not be considered to be commercial property.
E.  The value of investment in property used exclusively by an oil refinery that is used wholly as a facility, device or method for the desulphurization of gasoline or diesel fuel as defined in Section 2817.3 of this title shall not be included in the capitalization used in the determination of fair market value of such oil refinery if such property would qualify as exempt property pursuant to Section 2902 of this title, whether or not an application for such exemption is made by an otherwise qualifying manufacturing concern owning the property described by Section 2817.3 of this title.
F.  The use value of a lot in any platted addition or a subdivision in a city, town or county zoned for residential, commercial, industrial or other use shall be deemed to be the fair cash value of the underlying tract of land platted, divided by the number of lots contained in the platted addition or subdivision until the lot shall have been conveyed to a bona fide purchaser or the lot with building or buildings located thereon shall have been occupied other than as a sales office by the owner thereof, or shall have been leased, whichever event shall first occur.  One who purchases a lot for the purposes of constructing and selling a building on such lot shall not be deemed to be a bona fide purchaser for purposes of this section.  However, if the lot is held for a period longer than two (2) years before construction, then the assessor may consider the lot to have been conveyed to a bona fide purchaser.  The cost of any land or improvements to any real property required to be dedicated to public use, including, but not limited to, streets, curbs, gutters, sidewalks, storm or sanitary sewers, utilities, detention or retention ponds, easements, parks or reserves shall not be utilized by the county assessor in the valuation of any real property for assessment purposes.
G.  The transfer of real property without a change in its use classification shall not require a reassessment thereof based exclusively upon the sale value of the property.  However, if the county assessor determines:
1.  That by reason of the transfer of a property there is a change in the actual use or classification of the property; or
2.  That by reason of the amount of the sales consideration it is obvious that the use classification prior to the transfer of the property is not commensurate with and would not justify the amount of the sales consideration of the property;
then the assessor shall, in either event, reassess the property for the new use classification for which the property is being used, or, the highest and best use classification for which the property may, by reason of the transfer, be classified for use.
H.  When the term "fair cash value" or the language "fair cash value, estimated at the price it would bring at a fair voluntary sale" is used in the Ad Valorem Tax Code, in connection with and in relation to the assessment of real property, it is defined to mean and shall be given the meaning ascribed and assigned to it in this section and when the term or language is used in the Code in connection with the assessment of personal property it shall be given its ordinary or literal meaning.
I.  Where any real property is zoned for a use by a proper zoning authority, and the use of the property has not been changed, the use and not zoning shall determine assessment.  Any reassessment required shall be effective January 1 following the change in use.  Taxable real property need not be listed annually with the county assessor.
J.  If any real property shall become taxable after January 1 of any year, the county assessor shall assess the same and place it upon the tax rolls for the next ensuing year.  When any building is constructed upon land after January 1 of any year, the value of the building shall be added by the county assessor to the assessed valuation of the land upon which the building is constructed at the fair cash value thereof for the next ensuing year.  However, after the building has been completed it shall be deemed to have a value for assessment purposes of the fair cash value of the materials used in such building only, until the building and the land on which the building is located shall have been conveyed to a bona fide purchaser or shall have been occupied or used for any purpose other than as a sales office by the owner thereof, or shall have been leased, whichever event shall first occur.  The county assessor shall continue to assess the building based upon the fair market value of the materials used therein until the building and land upon which the building is located shall have been conveyed to a bona fide purchaser or is occupied or used for any purpose other than as a sales office by the owner thereof, or is leased, whichever event shall first occur.
K.  In case improvements on land or personal property located therein or thereon are destroyed by fire, lightning, storm, winds, floodwaters, overflow of streams or other cause, or the value of land is impaired, damaged or destroyed by fire, lightning, storm, winds, floodwaters, overflow of streams or other cause, during any year, the county assessor shall determine the amount of damage and shall reassess the property for that year at the fair cash value of the property, as defined herein, taking into account the damage occasioned by fire, lightning, storm, winds, floodwaters, overflow of streams or other cause and shall present the reassessment to the board of tax roll corrections for its consideration.
L.  All taxable personal property used in the exploration of oil, natural gas, or other minerals, including drilling equipment and rigs, shall be assessed annually at the value set forth in the first Hadco International monthly bulletin published for the tax year, using the appropriate depth rating assigned to the drawworks by its manufacturer and the actual condition of the rig.
M.  The value of taxable tangible personal property used in commercial disposal systems of waste materials from the production of oil and gas shall not include any contract rights or leases for the use of such systems nor any value associated with the wellbore or non-recoverable down-hole material, including casing.
SECTION 21.     REPEALER     68 O.S. 2011, Section 2817, as amended by Section 3, Chapter 401, O.S.L. 2013 (68 O.S. Supp. 2013, Section 2817), is hereby repealed.
SECTION 22.     AMENDATORY     68 O.S. 2011, Section 3604, as amended by Section 2, Chapter 378, O.S.L. 2013 (68 O.S. Supp. 2013, Section 3604), is amended to read as follows:
Section 3604.  A.  Except as otherwise provided in subsection I of this section, an establishment which meets the qualifications specified in the Oklahoma Quality Jobs Program Act may receive quarterly incentive payments for a ten-year period from the Oklahoma Tax Commission pursuant to the provisions of the Oklahoma Quality Jobs Program Act; provided, such an establishment defined or classified in the NAICS Manual under U.S. Industry No. 711211 (2007 version) may receive quarterly incentive payments for a fifteen-year period.  The amount of such payments shall be equal to the net benefit rate multiplied by the actual gross payroll of new direct jobs for a calendar quarter as verified by the Oklahoma Employment Security Commission.
B.  In order to receive incentive payments, an establishment shall apply to the Oklahoma Department of Commerce.  The application shall be on a form prescribed by the Department and shall contain such information as may be required by the Department to determine if the applicant is qualified.  An establishment may apply for an effective date for a project, which shall not be more than twenty-four (24) months from the date the application is submitted to the Department.
C.  Except as otherwise provided by subsection D or E of this section, in order to qualify to receive such payments, the establishment applying shall be required to:
1.  Be engaged in a basic industry;
2.  Have an annual gross payroll for new direct jobs projected by the Department to equal or exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) within three (3) years of the first complete calendar quarter following the start date; and
3.  Have a number of full-time-equivalent employees subject to the tax imposed by Section 2355 of this title and working an annual average of thirty (30) or more hours per week in new direct jobs located in this state equal to or in excess of eighty percent (80%) of the total number of new direct jobs.
D.  In order to qualify to receive incentive payments as authorized by the Oklahoma Quality Jobs Program Act, an establishment engaged in an activity described under:
1.  Industry Group Nos. 3111 through 3119 of the NAICS Manual shall be required to:
a.	have an annual gross payroll for new direct jobs projected by the Department to equal or exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) within three (3) years of the first complete calendar quarter following the start date and make, or which will make within one (1) year, at least seventy-five percent (75%) of its total sales, as determined by the Incentive Approval Committee pursuant to the provisions of subsection B of Section 3603 of this title, to out-of-state customers or buyers, to in-state customers or buyers if the product or service is resold by the purchaser to an out-of-state customer or buyer for ultimate use, or to the federal government, unless the annual gross payroll equals or exceeds Two Million Five Hundred Thousand Dollars ($2,500,000.00) in which case the requirements for purchase of output provided by this subparagraph shall not apply, and
b.	have a number of full-time-equivalent employees working an average of thirty (30) or more hours per week in new direct jobs equal to or in excess of eighty percent (80%) of the total number of new direct jobs; and
2.  Division (4) of subparagraph a of paragraph 1 of subsection A of Section 3603 of this title, shall be required to:
a.	have an annual gross payroll for new direct jobs projected by the Department to equal or exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) within three (3) years of the first complete calendar quarter following the start date, and
b.	have a number of full-time-equivalent employees working an average of thirty (30) or more hours per week in new direct jobs equal to or in excess of eighty percent (80%) of the total number of new direct jobs.
E.  1.  An establishment which locates its principal business activity within a site consisting of at least ten (10) acres which:
a.	is a federal Superfund removal site,
b.	is listed on the National Priorities List established under Section 9605 of Title 42 of the United States Code,
c.	has been formally deferred to the state in lieu of listing on the National Priorities List, or
d.	has been determined by the Department of Environmental Quality to be contaminated by any substance regulated by a federal or state statute governing environmental conditions for real property pursuant to an order of the Department of Environmental Quality,
shall qualify for incentive payments irrespective of its actual gross payroll or the number of full-time-equivalent employees engaged in new direct jobs.
2.  In order to qualify for the incentive payments pursuant to this subsection, the establishment shall conduct the activity resulting in at least fifty percent (50%) of its Oklahoma taxable income or adjusted gross income, as determined under Section 2358 of this title, whether from the sale of products or services or both products and services, at the physical location which has been determined not to comply with the federal or state statutes described in this subsection with respect to environmental conditions for real property.  The establishment shall be subject to all other requirements of the Oklahoma Quality Jobs Program Act other than the exemptions provided by this subsection.
3.  In order to qualify for the incentive payments pursuant to this subsection, the entity shall obtain from the Department of Environmental Quality a letter of concurrence that:
a.	the site designated by the entity does meet one or more of the requirements listed in paragraph 1 of this subsection, and
b.	the site is being or has been remediated to a level which is consistent with the intended use of the property.
In making its determination, the Department of Environmental Quality may rely on existing data and information available to it, but may also require the applying entity to provide additional data and information as necessary.
4.  If authorized by the Department of Environmental Quality pursuant to paragraph 3 of this subsection, the entity may utilize a remediated portion of the property for its intended purpose prior to remediation of the remainder of the site, and shall qualify for incentive payments based on employment associated with the portion of the site.
F.  Except as otherwise provided by subsection G of this section, for applications submitted on and after June 4, 2003, in order to qualify to receive incentive payments as authorized by the Oklahoma Quality Jobs Program Act, in addition to other qualifications specified herein, an establishment shall be required to pay new direct jobs an average annualized wage which equals or exceeds:
1.  One hundred ten percent (110%) of the average county wage as determined by the Oklahoma State Data Center Department of Commerce based on the most recent U.S. Department of Commerce data for the county in which the new direct jobs are located.  For purposes of this paragraph, health care premiums paid by the applicant for individuals in new direct jobs shall be included in the annualized wage; or
2.  One hundred percent (100%) of the average county wage as that percentage is determined by the Oklahoma State Data Center Department of Commerce based upon the most recent U.S. Department of Commerce data for the county in which the new jobs are located.  For purposes of this paragraph, health care premiums paid by the applicant for individuals in new direct jobs shall not be included in the annualized wage.
Provided, no average wage requirement shall exceed Twenty-five Thousand Dollars ($25,000.00), in any county.  This maximum wage threshold shall be indexed and modified from time to time based on the latest Consumer Price Index year-to-date percent change release as of the date of the annual average county wage data release from the Bureau of Economic Analysis of the U.S. Department of Commerce.
G.  1.  As used in this subsection, "opportunity zone" means one or more census tracts in which, according to the most recent federal decennial census, at least thirty percent (30%) of the residents have annual gross household incomes from all sources below the poverty guidelines established by the U.S. Department of Health and Human Services.  An establishment which is otherwise qualified to receive incentive payments and which locates its principal business activity in an opportunity zone shall not be subject to the requirements of subsection F of this section.
2.  As used in this subsection:
a.	"negative economic event" means:
(1)	a man-made disaster or natural disaster as defined in Section 683.3 of Title 63 of the Oklahoma Statutes, resulting in the loss of a significant number of jobs within a particular county of this state, or
(2)	an economic circumstance in which a significant number of jobs within a particular county of this state have been lost due to an establishment changing its structure, consolidating with another establishment, closing or moving all or part of its operations out of this state, and
b.	"significant number of jobs" means Local Area Unemployment Statistics (LAUS) data, as determined by the Bureau of Labor Statistics, for a county which are equal to or in excess of five percent (5%) of the total amount of Local Area Unemployment Statistics (LAUS) data for that county for the calendar year, or most recent twelve-month period in which employment is measured, preceding the event.
An establishment which is otherwise qualified to receive incentive payments and which locates in a county in which a negative economic event has occurred within the eighteen-month period preceding the start date shall not be subject to the requirements of subsection F of this section; provided, an establishment shall not be eligible to receive incentive payments based upon a negative economic event with respect to jobs that are transferred from one county of this state to another.
H.  The Department shall determine if the applicant is qualified to receive incentive payments.
I.  If the applicant is determined to be qualified by the Department and is not subject to the provisions of subparagraph d of paragraph 7 of subsection A of Section 3603 of this title, the Department shall conduct a cost/benefit analysis to determine the estimated net direct state benefits and the net benefit rate applicable for a ten-year period beginning with the first complete calendar quarter following the start date and to estimate the amount of gross payroll for a ten-year period beginning with the first complete calendar quarter following the start date or for a fifteen-year period for an establishment defined or classified in the NAICS Manual under U.S. Industry No. 711211 (2007 version).  In conducting such cost/benefit analysis, the Department shall consider quantitative factors, such as the anticipated level of new tax revenues to the state along with the added cost to the state of providing services, and such other criteria as deemed appropriate by the Department.  In no event shall incentive payments, cumulatively, exceed the estimated net direct state benefits, except for applicants subject to the provisions of subparagraph d of paragraph 7 of subsection A of Section 3603 of this title.
J.  Upon approval of such an application, the Department shall notify the Tax Commission and shall provide it with a copy of the contract and the results of the cost/benefit analysis.  The Tax Commission may require the qualified establishment to submit such additional information as may be necessary to administer the provisions of the Oklahoma Quality Jobs Program Act.  The approved establishment shall file quarterly claims with the Tax Commission and shall continue to file such quarterly claims during the ten-year incentive period to show its continued eligibility for incentive payments, as provided in Section 3606 of this title, or until it is no longer qualified to receive incentive payments.  The establishment may be audited by the Tax Commission to verify such eligibility.  Once the establishment is approved, an agreement shall be deemed to exist between the establishment and the State of Oklahoma, requiring the continued incentive payment to be made as long as the establishment retains its eligibility as defined in and established pursuant to this section and Sections 3603 and 3606 of this title and within the limitations contained in the Oklahoma Quality Jobs Program Act, which existed at the time of such approval.  An establishment described in this subsection shall be required to repay all incentive payments received under the Oklahoma Quality Jobs Program Act if the establishment is determined by the Oklahoma Tax Commission to no longer have business operations in the state within three (3) years from the beginning of the calendar quarter for which the first incentive payment claim is filed.
K.  A municipality with a population of less than one hundred thousand (100,000) persons in which an establishment eligible to receive quarterly incentive payments pursuant to the provisions of this section is located may file a claim with the Tax Commission for up to twenty-five percent (25%) of the amount of such payment.  The amount of such claim shall not exceed amounts paid by the municipality for direct costs of municipal infrastructure improvements to provide water and sewer service to the establishment.  Such claim shall not be approved by the Tax Commission unless the municipality and the establishment have entered into a written agreement for such claims to be filed by the municipality prior to submission of the application of the establishment pursuant to the provisions of this section.  If such claim is approved, the amount of the payment to the establishment made pursuant to the provisions of Section 3606 of this title shall be reduced by the amount of the approved claim by the municipality and the Tax Commission shall issue a warrant to the municipality in the amount of the approved claim in the same manner as warrants are issued to qualifying establishments.
SECTION 23.     REPEALER     68 O.S. 2011, Section 3604, as amended by Section 24, Chapter 227, O.S.L. 2013 (68 O.S. Supp. 2013, Section 3604), is hereby repealed.
SECTION 24.     AMENDATORY     68 O.S. 2011, Section 3914, as amended by Section 4, Chapter 378, O.S.L. 2013 (68 O.S. Supp. 2013, Section 3914), is amended to read as follows:
Section 3914.  A.  An establishment which meets the qualifications specified in the 21st Century Quality Jobs Incentive Act may receive quarterly incentive payments for a ten-year period from the Oklahoma Tax Commission pursuant to the provisions of this act, as verified by the Tax Commission, in an amount equal to:
1.  The gross payroll multiplied by the initial net benefit rate until such time as the establishment creates ten new direct jobs; or
2.  The gross payroll multiplied by the fulfillment net benefit rate after such time as the establishment created and maintains ten new direct jobs.
B.  In order to receive incentive payments, an establishment shall apply to the Oklahoma Department of Commerce.  The application shall be on a form prescribed by the Department and shall contain such information as may be required by the Department to determine if the applicant is qualified.  The establishment may apply for an effective date for a project, which shall not be more than twelve (12) months from the date the application is submitted to the Department.
C.  Before approving an application for incentive payments, the Department must first determine that the applicant meets the following requirements:
1.  Be engaged in a basic industry as defined in the 21st Century Quality Jobs Incentive Act;
2.  Will hire at least ten full-time employees in this state within twelve (12) quarters of the date of application;
3.  Will pay the individuals it employs in new direct jobs an average annualized wage which equals or exceeds three hundred percent (300%) of the average county wage for the county in which the applicant is located as that percentage is determined by the Oklahoma State Data Center Department of Commerce based on the most recent U.S. Department of Commerce data.  For purposes of this paragraph, health care premiums paid by the applicant for individuals in new direct jobs shall not be included in the annualized wage.  Provided, no average wage requirement shall exceed Ninety-four Thousand Dollars ($94,000.00) in any county.  This maximum wage threshold shall be indexed and modified from time to time based on the latest Consumer Price Index year-to-date percent change release as of the date of the annual average county wage data release from the Bureau of Economic Analysis of the U.S. Department of Commerce;
4.  Has a basic health benefit plan which, as determined by the Department, meets the elements established under divisions (1) through (7) of subparagraph b of paragraph 1 of subsection A of Section 3603 of Title 68 of the Oklahoma Statutes this title and which will be offered to individuals within twelve (12) months of employment in a new direct job;
5.  Has not received incentive payments under the Small Employer Quality Jobs Program Act, the Saving Quality Jobs Act or the Former Military Facility Development Act; and
6.  Is not qualified for approval of an application for incentive payments under the Small Employer Quality Jobs Program Act, the Saving Quality Jobs Act or the Former Military Facility Development Act.
D.  The Oklahoma Department of Commerce shall determine if an applicant is qualified to receive the incentive payment.  Upon qualifying the applicant, the Department shall notify the Tax Commission and shall provide it with a copy of the contract and approval which shall provide the number of persons employed by the applicant upon the date of approval and the maximum total incentives which may be paid to the applicant during the ten-year period.  The Tax Commission may require the qualified establishment to submit additional information as may be necessary to administer the provisions of this act.  The approved establishment shall report to the Tax Commission quarterly to show its continued eligibility for incentive payments, as provided in Section 3905 of Title 68 of the Oklahoma Statutes this title.  Establishments may be audited by the Tax Commission to verify such eligibility.  Once the establishment is approved, an agreement shall be deemed to exist between the establishment and the State of Oklahoma, requiring incentive payments to be made for a ten-year period as long as the establishment retains its eligibility and within the limitations of this act as it existed at the time of such approval.
SECTION 25.     REPEALER     68 O.S. 2011, Section 3914, as amended by Section 29, Chapter 227, O.S.L. 2013 (68 O.S. Supp. 2013, Section 3914), is hereby repealed.
SECTION 26.     AMENDATORY     70 O.S. 2011, Section 1210.523, as last amended by Section 1, Chapter 125, O.S.L. 2013 (70 O.S. Supp. 2013, Section 1210.523), is amended to read as follows:
Section 1210.523.  A.  Except as provided in subsections D and E of this section, beginning with students entering the ninth grade in the 2008-2009 school year, every student shall demonstrate mastery of the state academic content standards in the following subject areas in order to graduate from a public high school with a standard diploma:
1.  Algebra I;
2.  English II; and
3.  Two of the following five:
a.	Algebra II,
b.	Biology I,
c.	English III,
d.	Geometry, and
e.	United States History.
B.  To demonstrate mastery, the student shall attain at least a proficient score on the end-of-instruction criterion-referenced tests administered pursuant to Section 1210.508 of this title.
C.  Notwithstanding any other provision of law, students who do not attain at least a proficient score on any end-of-instruction test shall be provided remediation or intervention and the opportunity to retake the test until at least a proficient score is attained on the tests of Algebra I, English II and two of the tests required in paragraph 3 of subsection A of this section or an approved alternative test.  Technology center schools shall be authorized to provide intervention and remediation in Algebra I, Algebra II, Geometry, English II, English III, United States History, and Biology I to students enrolled in technology center schools, with the approval of the independent school district board.
D.  1.  Students who do not meet the requirements of subsection A of this section may graduate from a public high school with a standard diploma by demonstrating mastery of state academic content standards by alternative methods as approved by the State Board of Education.
2.  The State Board of Education shall adopt rules providing for necessary student exceptions and exemptions to the requirements of this section.  The Board shall collect data by school site and district on the number of students provided and categories of exceptions and exemptions granted.  Beginning October 1, 2012, the Board shall provide an annual report of this data to the Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives.
3.  Students who score ten percent (10%) above the cut scores approved by the State Board of Education for the American College Testing Program (ACT), the Scholastic Aptitude Test (SAT), ACT Plan or Preliminary Scholastic Aptitude Test/National Merit Scholarship Qualifying Test (PSAT/NMSQT) alternate tests shall be deemed to have satisfactorily demonstrated mastery of state academic content standards in the subject areas for which alternative tests have been approved and shall be exempt from taking the end-of-instruction criterion-referenced tests in the subject areas of Algebra II, English III, Geometry or United States History as listed in paragraph 3 of subsection A of this section.
4.  Students who have a score that is equal to or above the cut scores approved by the State Board of Education for the Advanced Placement course exams, ACT Workkeys job skills assessment, College-Level Examination Program (CLEP) or International Baccalaureate (IB) alternate tests shall be deemed to have satisfactorily demonstrated mastery of state academic content standards in the subject areas for which alternate tests have been approved and shall be exempt from taking the end-of-instruction criterion-referenced tests in the subject areas of Algebra II, English III, Geometry or United States History as listed in paragraph 3 of subsection A of this section.
5.  The State Board of Education shall adopt rules providing for implementation of paragraphs 3 and 4 of this subsection.  The rules shall provide for the designation of students as proficient or advanced based on the scores obtained pursuant to paragraphs 3 and 4 of this subsection for the purposes of calculating the grade of a school as part of the accountability system developed pursuant to Section 1210.545 of this title, evaluating teachers and administrators as part of the Teacher and Leader Effectiveness Evaluation System developed pursuant to Section 6-101.16 of this title and for any other purpose provided for by law.
E.  1.  The State Board of Education shall adopt rules establishing an appeal process for students who have been denied a standard diploma by the school district in which the student is or was enrolled for failing to meet the requirements of this section.  A student who has been denied a standard diploma by the school district in which the student is enrolled shall have thirty (30) days after denial of the standard diploma in which to file a petition for an appeal to the State Board of Education.  The State Board of Education shall take action on a petition for an appeal no later than forty-five (45) days after receiving the petition.
2.  The State Board of Education shall collect data by school site and school district on the number of students petitioning for an appeal and the number of appeals approved by the State Board of Education pursuant to this subsection.  Beginning October 1, 2012, the State Board of Education shall provide an annual report of this data to the Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives.
F.  1.  Students who have individualized education programs pursuant to the Individuals with Disabilities Education Act (IDEA) shall have an appropriate statement on the student's individualized education program requiring administration of the assessment with or without accommodations or an alternate assessment.  Any accommodations normally employed for the assessment shall be approved by the State Board of Education and be provided for in the individualized education program.  All documentation for each student shall be on file in the school prior to administration of the assessment.
2.  Students with disabilities whose individualized education program (IEP) pursuant to the Individuals with Disabilities Education Act (IDEA) indicates that the student is to be assessed with alternate achievement standards through the Oklahoma Alternate Assessment Program (OAAP) may be eligible to graduate from a public high school with a standard diploma after failing to meet the requirements of subsection A of this section upon the determination of the school district that the student meets the following criteria:
a.	obtains a written recommendation from the student's teacher of record in consultation with the teacher in each subject in which the student failed to meet the requirements of subsection A of this section.  The recommendation shall be supported by the principal and by documentation demonstrating the acquired knowledge of the student by alternate measures as required by the individualized education program (IEP),
b.	completes remediation opportunities to the extent required by the individualized education program (IEP),
c.	retakes the exam in each subject in which the student failed to meet the requirements of subsection A of this section if the individualized education program (IEP) requires retake opportunities,
d.	maintains at least a C average or the equivalent in each subject in which the student failed to meet the requirements of subsection A of this section, and
e.	meets all other graduation requirements of the school district in which the student is enrolled.
3.  The Oklahoma School for the Blind and the Oklahoma School for the Deaf shall be considered local education agencies solely for the purposes of purchasing, administering and obtaining test results under this section for the students attending their schools.
4.  Students identified as English language learners shall be assessed in a valid and reliable manner with the state academic assessments with acceptable accommodations as necessary or, to the extent practicable, with alternate assessments aligned to the state assessment provided by the school district in the language and form most likely to yield accurate data of the student's knowledge of the content areas.
G.  Students who have been denied a standard diploma by the school district in which the student is or was enrolled for failing to meet the requirements of this section may re-enroll in the school district that denied the student a standard diploma following the denial of a standard diploma.  The student shall be provided remediation or intervention and the opportunity to retake the test until at least a proficient score is attained on the test or tests necessary to obtain a standard diploma.  Students who re-enroll in the school district to meet the graduation requirements of this section shall be exempt from the hourly instructional requirements of Section 1-111 of this title and the six-period enrollment requirements of Section 11-103.6 of this title.
H.  The State Board of Education shall be authorized to contract with an entity to develop and advise on the implementation of a communications campaign to build public understanding of and support for the testing requirements of this section.
SECTION 27.     REPEALER     70 O.S. 2011, Section 1210.523, as last amended by Section 1, Chapter 367, O.S.L. 2013 (70 O.S. Supp. 2013, Section 1210.523), is hereby repealed.
SECTION 28.     REPEALER     70 O.S. 2011, Section 1210.523, as last amended by Section 2, Chapter 403, O.S.L. 2013 (70 O.S. Supp. 2013, Section 1210.523), is hereby repealed.
SECTION 29.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-2-3131	MD	3/10/2014 2:40:37 PM