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2011Oklahoma State Legislative Summary

The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101 members, each serving a two-year term. The Senate has 48 members, each serving a four-year term.

The 2011 session, the First Session of the 53rd Legislature, considered several bills concerning the military. Four of the measures passed by the legislature and approved by the Governor that should interest members of the Oklahoma National Guard are summarized as follows:

SB 633 was signed into law by the Governor on April 26, 2011 and becomes effective November 1, 2011. The Act relates to the Oklahoma Military Code; which changes from classified to unclassified personnel appointed as state employees in the Military Department.

The bill permits the adjutant general to grant leave to state civilian employees consistent with the rules governing the federal workforce in support of the National Guard. The bill permits the adjutant general to rent facilities and removes language that requires the Military Department to own buildings and other facilities that it occupies. The bill modifies language concerning the use, care and maintenance of armories and permits the adjutant general or a representative to establish by policy the rules and regulations for the use and operations, management, rental and fiscal oversight for facilities owned or controlled by the department. The bill also modifies the requirements concerning the Military Department's ownership of property and authorizes the adjutant general to demolish structures and to transfer title to any property to a municipality, county, state agency or other public or non-profit entity. The bill exempts the Military Department from the Oklahoma Surplus Property Act for the purpose of selling surplus property and requires that necessary deeds and other conveyances be executed by the adjutant general in the name of the State of Oklahoma. The bill removes the requirement that the Legislature approve the construction of new armories. The bill repeals the requirements concerning the location of National Guard armories; language concerning local armory boards; language concerning the assignment of military units to armories; and language concerning the leasing or hiring of armory facilities.

HB 1603 was signed into law by the Governor on May 26, 2011 and became effective May 26, 2011. The Act creates the Deployed Parents Custody and Visitation Act. It prohibits a military deployment from being used as evidence of a substantial, material and permanent change of circumstances to warrant a permanent modification of custody. It allows a court to enter an order regarding custodial responsibility under the act only where the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. It allows a court to designate a family member or another person with a close and substantial relationship to the child to exercise a deployed parent's visitation rights, upon application to the court, unless the court determines it is not in the best interests of the child. It states that neither the act nor a court order permitting designation can be deemed as a separate or permanent right to visitation. The bill requires a deploying parent to notify the nondeploying parent within 10 days after receiving an order of deployment. If deployment is less than 10 days after receipt of the orders, it requires a copy to immediately be provided to the other parent. It states that if the address or contact information of the nondeployment parent must be kept confidential, the notification can be made to the court only. The bill allows either party to motion a court to request an expedited hearing within 10 days or prior to deployment, whichever is first, on any matter pertaining to custodial or visitation responsibility. It directs a court to enter temporary orders regarding custody, visitation and child support, upon proper motion. It allows a deploying parent to elect to proceed while he/she is unavailable to appear in the geographical location of civil proceedings and provide evidence through video conferencing, Internet camera, e-mail, telephone or other reasonable electronic means. The bill provides circumstances under which a prior judicial custody or visitation order may be modified by the court. It provides criteria for a court to determine temporary orders for custodial responsibility prior to or during deployment and to consider requests to grant visitation rights to a family member or another person. The bill also allows a court under the Deployed Parents Custody and Visitation Act to enter a temporary order for child support and require the deploying parent to enroll a child to receive military dependent benefits. The measure requires a deploying parent to notify the nondeploying parent of the completion of a deployment, or if the nondeploying parent cannot be located, the court is to be notified. It states that a temporary modification order granted under the act will terminate by operation of law 10 days after notice has been provided to the nondeploying parent of the completion of deployment, and the original terms of the prior custody or visitation order are to be automatically reinstated. It states that if the court finds that a party to proceedings under the act has behaved in bad faith or deliberately failed to comply with terms of the act, a court may assess attorney fees and costs against the opposing party and order any other appropriate sanctions.

HB 1556 was signed into law by the Governor on May 11, 2011 and becomes effective November 1, 2011. The Act relates to military law; which requires any person subject to the Uniform State Code of Military Justice who willfully and unlawfully alters, conceals, destroys or attempts to destroy a certain public record and whose conduct was to the prejudice of good order and discipline in the armed forces to be punished as a court martial may direct. The bill applies the Uniform State Code of Military Justice on those who are subject to it and engage in wrongful and reckless conduct likely to produce death or grievous bodily harm. The bill requires these individuals to be punished as a court martial may direct. The bill applies a court martial to those under the Uniform State Code of Military Justice who wrongfully makes or alters an official pass or permit; wrongfully sells, lends or disposes of a military or office permit; or wrongfully uses a false or unauthorized military or official permit. The bill also increases from seven to nine the membership of the Oklahoma Strategic Military Planning Commission. It adds the secretary of veterans affairs and the adjutant general of the Oklahoma Army and Air National Guard. The measure also modifies the purpose of the commission to include policies affecting facilities used by the Oklahoma Army and Air National Guard. It also allows the commission to assist financially with projects designed to enhance the operation, security or support of facilities and associated activities.

HB 1343 was signed into law by the Governor on May 26, 2011 and becomes effective November 1, 2011. The Act relates to higher education; amending 70 O.S. 2001, setting the requirements for a student to be eligible to participate in the Oklahoma Higher Learning Access Program and to qualify for an award, which includes payment of an amount equivalent to resident tuition or other tuition for the first semester or other academic unit of postsecondary enrollment. It requires a student to be eligible to participate in OHLAP if the student is a child of any person killed after Jan. 1, 2000, in the line of duty of any branch of the U.S. Armed Forces or who died after Jan. 1, 2000, as a result of an injury sustained while in the line of duty in any branch of the U.S. Armed Forces if the person filed an individual or joint Oklahoma income tax return for the tax year prior to the year the person was killed or died. It requires the student participating in the program to satisfy admission standards for first-time-entering students for the institution. It sets requirements to retain eligibility for the program.