2011 Legislative Priorities

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    3701A S. Harvard Ave., #183 Tulsa, Oklahoma 74135 918.671.3733 [email protected]

    www.theequalitynetwork.org

    An Oklahoma Where Everyone is Equal

    The Equality Networks 2011 Legislative Priorities

    April 27, 2011 update

    ACTIVE BILLS

    Non-Discrimination

    SB 763(Senator Clark Jolley, Reps. Dan Sullivan, Mike Reynolds, and Mike Ritze)

    Creates within the Office of the Attorney General an Office of Civil Rights

    Enforcement that assumes all duties and responsibilities of the OklahomaHuman Rights Commission.

    TEN OPPOSES this bill.

    Legislative History

    On February 15, Senate Judiciary Committee votes do pass; referred

    to Senate Appropriations Committee.

    Dan Sullivan added as principal House co-author.

    On March 7, Senate Appropriations Committee votes do pass.

    On March 7, bills title is stricken.

    On March 15, Senate votes37-9in favor of SB 763. On March 16, engrossed to House.

    On April 5, committee substitute voted do pass by House Judiciary

    Committee.

    On April 5, title restored.

    On April 19, House votes61-32in favor of SB 763; referred for

    engrossment.

    On April 19, Mike Reynolds and Mike Ritze added as House co-

    authors.

    On April 20, engrossed to Senate; House amendments read.

    Current Status: Awaiting Senate vote.

    SB 837(Senator Clark Jolley, Rep. Dan Sullivan)

    Adds genetic information and disability (in place of handicap) to protected

    categories.

    http://www.scribd.com/doc/52701258/SB763http://www.scribd.com/doc/52701258/SB763http://webserver1.lsb.state.ok.us/cf/2011-12%20SUPPORT%20DOCUMENTS/votes/Senate/SB763_VOTES.HTMhttp://webserver1.lsb.state.ok.us/cf/2011-12%20SUPPORT%20DOCUMENTS/votes/Senate/SB763_VOTES.HTMhttp://webserver1.lsb.state.ok.us/cf/2011-12%20SUPPORT%20DOCUMENTS/votes/Senate/SB763_VOTES.HTMhttp://newlsb.lsb.state.ok.us/BillInfo.aspx?Bill=SB763&Session=1100http://newlsb.lsb.state.ok.us/BillInfo.aspx?Bill=SB763&Session=1100http://newlsb.lsb.state.ok.us/BillInfo.aspx?Bill=SB763&Session=1100http://www.scribd.com/doc/48537167/sb837-inthttp://www.scribd.com/doc/48537167/sb837-inthttp://www.scribd.com/doc/48537167/sb837-inthttp://newlsb.lsb.state.ok.us/BillInfo.aspx?Bill=SB763&Session=1100http://webserver1.lsb.state.ok.us/cf/2011-12%20SUPPORT%20DOCUMENTS/votes/Senate/SB763_VOTES.HTMhttp://www.scribd.com/doc/52701258/SB763
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    Deletes references to federal equal employment opportunity laws (Section 1,amending 25 O.S. 1101).

    Eliminates 15-person threshold for definition of employer; makes any legal

    entity that pays one or more individual a salary or wages for work an

    employer. (Section 2, amending 25 O.S. 1301: Definitions).

    Creates exclusion for bona fide membership clubs. Current statute is limited

    to non-profit membership clubs. New law would make it okay to have all

    male clubs, all white clubs, all WASP clubs

    Changes the definition of employee to exclude independent contractors.

    Thus, it would be permissible for an employer not to hire an independent

    contractor on the basis of race, sex, pregnancy, age, etc.

    Modernizes language to be consistent with federal Americans with

    Disabilities Act (Section 3, amending 25 O.S. 1302).

    Creates new law impeding complaint-filing process and limiting damages.

    (Section 11, creating 25 O.S. 1350).

    TEN OPPOSES this bill.

    Legislative History:

    On February 28, 2011, Senate Judiciary Committee voted do pass. Rep. Dan Sullivan added as principal House author.

    On March 8, 2011, full Senate voted44-0to pass SB 837 and send it

    to the House.

    On March 9, 2011, SB 837 given First Reading in House.

    On March 16, 2011, SB 837 given Second Reading in the House,

    assigned to House Judiciary Committee.

    On April 5, House Judiciary Committee votes do pass on committee

    substitute for SB 837.

    On April 19, full House votes59-32in favor of amended SB 837;

    referred for engrossment.

    On April 20, assigned to Senate; house amendments read.

    Current Status: Awaiting Senate action.

    Anti-Bullying

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    HB 1461(Reps. Lee Denney, Jeannie McDaniel, and Ben Sherrer; Senator James

    Halligan)

    Expands definitions of behaviors classified as bullying.

    Adds cyber-bullying to categories of prohibited harassment.

    Requires all Oklahoma school districts to adopt anti-bullying policies and to

    report incidents of bullying to state educational authorities on a regular basis.

    Strengthens procedures for identifying, reporting, and disciplining incidents of

    bullying occurring on public school property or during official school hours.

    Requires training for bullying prevention and response.

    Expands the role of local Safe Schools committees in identifying incidents of

    bullying and recommending preventative strategies for combating bullying.

    TEN is NEUTRAL on this bill.

    Legislative History:

    On February 22, 2011, HB 1461 was heard by the House Common

    Education committee

    Rep. Jason Nelson introduced an amendment that deleted language

    enumerating characteristics that could be perceived as justifications for

    harassment or bullying. Amendment passed 15-1. Committee voted 16-0 do pass on amended version.

    Bill moved to full House with Jeanne McDaniel added as House co-

    author; James Halligan added as principal Senate author.

    Lee Denney submitted committee substitute that expands definition of

    school bullying to encompass episodes of harassment occurring while

    a student is going to or returning from school. Jason Nelson introduced

    floor amendment making this change.

    On March 8, 2011, Oklahoma House of Representatives voted74-23

    to send amended HB 1461 to the Senate.

    On March 8, 2011, Rep. Ben Sherrer added as House co-author

    On March 9, 2011, bill given First Reading in Senate, awaiting

    committee assignment.

    On March 22, HB 1461 assigned to Senate Public Safety Committee;

    Second Reading

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    On April 5, Senate Public Safety Committee adopts James Halliganscommittee substitute that dropsprovision that holds school districts

    liable for failure to protect students who are victims of bullying.

    Constance Johnson introduces successful amendment that adds a

    provision encompassing dating violence.

    Rep. Anastasia Pittman and Senator Constance Johnson added as co-

    authors.

    Senators Judy Eason-McIntyre and Earl Garrison added as co-authors.

    On April 13, Oklahoma Senate votes43-0in favor of amended HB

    1461, engrossed bill returns to House for reconsideration.

    On April 25, Oklahoma House rejectsSenate amendments; HB 1461

    assigned to Conference Committee on Education.

    Current Status: Assigned to Conference Committee on Education

    DORMANT BILLS

    Anti-Bullying

    SB 152(Senator Andrew Rice) Adds enumerated categories of protection to current state bullying prevention

    law.

    Expands definitions of behaviors classified as bullying.

    Adds cyber-bullying to categories of prohibited harassment.

    Makes school districts more accountable for failure to protect students who

    are victims of bullying.

    Requires all Oklahoma school districts to adopt anti-bullying policies and to

    report incidents of bullying to state educational authorities on a regular basis.

    Strengthens procedures for identifying, reporting, and disciplining incidents of

    bullying occurring on public school property or during official school hours.

    Requires training for bullying prevention and response.

    TEN SUPPORTED this bill

    Current Status: Referred to Senate Education Committee; bill died in

    committee.

    HB 1976(Rep. Anastasia Pittman)

    http://webserver1.lsb.state.ok.us/cf/2011-12%20SUPPORT%20DOCUMENTS/votes/Senate/HB1461_VOTES.HTMhttp://webserver1.lsb.state.ok.us/cf/2011-12%20SUPPORT%20DOCUMENTS/votes/Senate/HB1461_VOTES.HTMhttp://webserver1.lsb.state.ok.us/cf/2011-12%20SUPPORT%20DOCUMENTS/votes/Senate/HB1461_VOTES.HTMhttp://www.scribd.com/doc/48537158/sb152-inthttp://www.scribd.com/doc/48537158/sb152-inthttp://www.scribd.com/doc/48537154/hb1976-inthttp://www.scribd.com/doc/48537154/hb1976-inthttp://www.scribd.com/doc/48537154/hb1976-inthttp://www.scribd.com/doc/48537158/sb152-inthttp://webserver1.lsb.state.ok.us/cf/2011-12%20SUPPORT%20DOCUMENTS/votes/Senate/HB1461_VOTES.HTM
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    Adds enumerated categories of protection to current state bullying preventionlaw.

    Expands definitions of behaviors classified as bullying.

    Adds cyber-bullying to categories of prohibited harassment.

    Makes school districts more accountable for failure to protect students who

    are victims of bullying.

    Requires all Oklahoma school districts to adopt anti-bullying policies and to

    report incidents of bullying to state educational authorities on a regular basis.

    Strengthens procedures for identifying, reporting, and disciplining incidents of

    bullying occurring on public school property or during official school hours.

    Requires training for bullying prevention and response.

    TEN SUPPORTED this bill

    Current Status: Referred to House Common Education Committee; bill died

    in committee.

    Hate Crimes

    SB 265(Senator Andrew Rice)

    Adds sexual orientation and gender identity to categories protected under

    state hate crimes law (21 O.S. 2001, Section 850). Strengthens penalties for first-time hate crimes offenses.

    Explicitly protects freedom of speech and religious expression.

    TEN SUPPORTS this bill

    Current Status: Referred to Senate Judiciary Committee and Senate

    Appropriations Committee

    HB 1845(Rep. Mike Shelton)

    Adds sexual orientation and gender identity to categories protected under

    state hate crimes law (21 O.S. 2001, Section 850).

    Strengthens penalties for first-time hate crimes offenses.TEN SUPPORTED this bill

    Current Status: Referred to House Rules Committee; bill died in committee.

    Judicial Bias

    HB 1611(Rep. Mike Reynolds)

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    Creates a Judicial Code of Conduct; reiterates the necessity of an impartialJudiciary.

    Calls for judges and other judicial employees to perform their duties without

    bias or prejudice on the bases of race, sex, religion, national origin, disability,

    age, sexual orientation or socioeconomic status.

    Limits the venues in which a presiding judge may simultaneously practice law

    independently.

    TEN SUPPORTED this bill

    Current Status: Referred to House Judiciary Committee; bill died in

    committee.