Kunena Site Syndication http://www.okgopchat.com/ Wed, 22 Feb 2012 22:27:34 +0000 Kunena 1.6 http://www.okgopchat.com/components/com_kunena/template/kprosilver/images/icons/rss.png http://www.okgopchat.com/ en-gb http://www.okgopchat.com/forum/okbillsinfo/2388-sb-1831-limiting-your-7th-amendment-rights.html#2388 http://www.okgopchat.com/forum/okbillsinfo/2388-sb-1831-limiting-your-7th-amendment-rights.html#2388
2nd Session of the 53rd Legislature (2012)

SENATE BILL 1831 By: Jolley





AS INTRODUCED

An Act relating to offers of judgment; amending 12 O.S. 2011, Section 1101.1, which relates to offers of judgment and counteroffers; modifying procedures for making and responding to offers and counteroffers of judgment; authorizing recovery of certain costs and fees; establishing minimum amount for offers and counteroffers of judgment; updating language; and providing an effective date.




BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2011, Section 1101.1, is amended to read as follows:
Section 1101.1. A. Actions for personal injury, and wrongful death, and certain specified actions.
1. Subject to the provisions of paragraph 5 of this subsection, after After a civil action is brought for the recovery of money as the result of a claim for personal injury, or wrongful death, or pursuant to Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma Statutes, any defendant may file with the court deliver to any plaintiff, at any time more than ten (10) days prior to trial, an offer of judgment for a sum certain to any plaintiff with respect to the action or any claim or claims asserted in the action. An offer of judgment shall be deemed to include any costs or attorney fees otherwise recoverable unless it expressly provides otherwise. If an offer of judgment is filed, each plaintiff to whom an offer of judgment is made shall, within ten (10) days, file serve upon the defendant making the offer:
a. a written acceptance or rejection of such offer, or
b. a counteroffer of judgment, as described in paragraph 2 of this subsection.
If the plaintiff fails to file a timely response, the offer of judgment shall be deemed rejected. The fact an offer of judgment is made but not accepted or is deemed rejected does not preclude subsequent timely offers of judgment.
2. In the event a defendant files an offer of judgment, the plaintiff may, within ten (10) days, file with the court deliver to the defendant a counteroffer of judgment directed to each defendant who has filed an offer of judgment. If a counteroffer of judgment is filed, each defendant to whom the counteroffer of judgment is made shall, within ten (10) days, file deliver a written acceptance or rejection of the counteroffer of judgment. If a defendant fails to file deliver a timely response, the counteroffer of judgment shall be deemed rejected. The fact a counteroffer of judgment is made but not accepted or deemed rejected does not preclude subsequent counteroffers of judgment if subsequent offers of judgment are made.
3. In the event the plaintiff rejects the offer(s) of judgment and the judgment awarded the plaintiff is less than the final offer of judgment, then the defendant filing delivering the offer of judgment shall be entitled to recover reasonable litigation costs and reasonable attorney fees incurred by that defendant from the date of filing of the final offer of judgment until the date of the verdict judgment, plus any costs or attorney fees incurred in enforcing the offer of judgment. Such costs and fees may be offset from the a monetary judgment entered against the offering defendant; provided, however, that prior to any such offset, the plaintiff's attorney may:
a. exercise any attorneys lien claimed in an amount not to exceed twenty-five percent (25%) of the judgment, and
b. recover the plaintiff's reasonable litigation costs, not to exceed an additional fifteen percent (15%) of the judgment or Five Thousand Dollars ($5,000.00), whichever is greater.
4. In the event a defendant rejects the counteroffer(s) of judgment and the judgment awarded to the plaintiff is greater than the final counteroffer of judgment, the plaintiff shall be entitled to recover reasonable litigation costs and reasonable attorney fees incurred by the plaintiff from the date of filing of the final counteroffer of judgment until the date of the verdict judgment, plus any costs or attorney fees incurred in enforcing the offer of judgment. Such costs and fees may be added to the judgment entered in favor of the plaintiff.
5. The provisions of this subsection shall apply only where the plaintiff demands in a pleading or in trial proceedings more than One Hundred Thousand Dollars ($100,000.00), or where the defendant makes an offer of judgment more than One Hundred Thousand Dollars ($100,000.00). Any offer of judgment may precede the demand.
B. Other actions.
1. After a civil action is brought for the recovery of money or property in an action other than for personal injury, or wrongful death or pursuant to Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma Statutes, any defendant may file with the court deliver to any plaintiff, at any time more than ten (10) days prior to trial, an offer of judgment for a sum certain to any plaintiff with respect to the action or any claim or claims asserted in the action. An offer of judgment shall be deemed to include any costs and attorney fees otherwise recoverable unless it expressly provides otherwise. If an offer of judgment is filed, the each plaintiff or plaintiffs to whom the offer of judgment is made shall, within ten (10) days, file serve upon the defendant making the offer:
a. a written acceptance or rejection of the offer, or
b. a counteroffer of judgment, as described in paragraph 2 of this subsection.
If a plaintiff fails to file a timely response, the offer of judgment shall be deemed rejected. The fact an offer of judgment is made but not accepted or is deemed rejected does not preclude subsequent timely offers of judgment.
2. In the event a defendant files an offer of judgment, the plaintiff may, within ten (10) days, file with the court a counteroffer of judgment deliver to each defendant who has filed made an offer of judgment and the claim or claims which are the subject thereof. If a counteroffer of judgment is filed, each defendant to whom a counteroffer of judgment is made shall, within ten (10) days, file deliver a written acceptance or rejection of the counteroffer of judgment. If a defendant fails to file deliver a timely response, the counteroffer of judgment shall be deemed rejected. The fact a counteroffer of judgment is made but not accepted or is deemed rejected does not preclude subsequent counteroffers of judgment if subsequent offers of judgment are made.
3. If no offer of judgment or counteroffer of judgment is accepted and the defendant is awarded judgment against the plaintiff or if the judgment awarded the plaintiff is less than one or more offers of judgment, the defendant shall be entitled to reasonable litigation costs and reasonable attorney fees incurred by the defendant, plus any costs and attorney fees incurred in enforcing the offer of judgment, with respect to the action or the claim or claims included in the offer of judgment from and after the date of the first offer of judgment which is greater than the judgment until the date of the judgment. Such costs and fees may be offset from the any judgment that may be entered against the offering defendant.
4. If no offer of judgment or counteroffer of judgment is accepted and the judgment awarded the plaintiff is greater than one or more counteroffers of judgment, the plaintiff shall be entitled to recover the reasonable litigation costs and reasonable attorney fees incurred by the plaintiff, plus any costs and attorney fees incurred in enforcing the offer of judgment, with respect to the action or the claim or claims included in the counteroffer of judgment from and after the date of the first counteroffer of judgment which is less than the judgment until the date of the judgment. Such costs and fees may be added to the judgment entered in favor of the plaintiff.
5. An award of reasonable litigation costs and reasonable attorneys fees under paragraph 3 of this subsection shall not preclude an award under paragraph 4 of this subsection, and an award under paragraph 4 of this subsection shall not preclude an award under paragraph 3 of this subsection.
6. This subsection shall not apply to actions brought pursuant to Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma Statutes.
C. For purposes of comparing the amount of a judgment with the amount of an offer under paragraph 3 or 4 of subsection A of this section or paragraph 3 or 4 of subsection B of this section, attorney fees and costs otherwise recoverable shall not be included in the amount of the compared judgment only if the offer was inclusive of attorney fees and costs. Fees or costs recoverable for work performed after the date of the offer shall not be included in the amount of the judgment for purposes of comparison.
D. Evidence of an offer of judgment or a counteroffer of judgment and the acceptance of an offer of judgment shall not be admissible in any action or proceeding for any purpose except in proceedings to enforce a settlement arising out of an offer of judgment or counteroffer of judgment or to determine reasonable attorneys fees and reasonable litigation costs under this section. Upon the acceptance of an offer of judgment, the parties will present a mutually agreeable judgment to the court or file a motion to settle journal entry of a judgment that cannot be agreed upon. The judgment shall not be admissible in any action or proceeding except as set forth in this subsection.
E. This section shall apply whether or not litigation costs or attorneys fees are otherwise recoverable.
F. The provisions of this section are severable, and if any part or provision thereof shall be held void, the decision of the court shall not affect or impair any of the remaining parts or provisions thereof.
G. An offer of judgment or counteroffer of judgment made under this section shall be at least One Hundred Dollars ($100.00). A court is not required to apply a reasonableness test to any offer or counteroffer of judgment.
G. For purposes of this section, any judgment entered in favor of a defendant shall be the basis for an award of costs and attorney fees.
H. This section shall apply to all civil actions filed after the effective date of this act August 25, 1995.
SECTION 2. This act shall become effective November 1, 2012.

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2nd Session of the 53rd Legislature (2012)

HOUSE BILL 2525 By: Martin (Steve)





AS INTRODUCED

An Act relating to motor vehicles; amending 47 O.S. 2011, Section 7-600.2, which relates to online verification of compulsory insurance compliance; authorizing certain traffic stops; and providing an effective date.





BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 7-600.2, is amended to read as follows:
Section 7-600.2 A. The Department of Public Safety shall promulgate and adopt, pursuant to the Administrative Procedures Act, rules for an online verification system for motor vehicle liability policies as required by the Compulsory Insurance Law, subject to the following:
1. The Oklahoma Tax Commission and the Insurance Department shall cooperate with the Department of Public Safety in the development of the verification system;
2. The verification system shall be accessible through the Internet, World Wide Web or a similar proprietary or common carrier electronic system by authorized personnel of the Department, the Tax Commission, the courts, law enforcement personnel, and any other entities authorized by the Department;
3. The verification system shall provide for direct inquiry and response between the Department and insurance carriers, or such other method of inquiry and response as agreed to by the Department and individual insurance carriers, and direct access to insurers’ records by personnel authorized by the Department;
4. The verification system shall be available twenty-four (24) hours a day to verify the insurance status of any vehicle registered in this state through the vehicle’s identification number, policy number, registered owner’s name or other identifying characteristic or marker as prescribed by the Department in its rules;
5. The Department may contract with a private vendor to assist in establishing and maintaining the verification system;
6. The verification system shall include appropriate provisions, consistent with industry standards, to secure its data against unauthorized access and to maintain a record of all information requests;
7. Information contained in the verification system shall not be considered a public record;
8. Any law enforcement officer, to establish compliance with the Compulsory Insurance Law during a traffic stop or accident investigation, shall access information from the online verification system to verify the current validity of the policy described on a security verification form produced by the operator of each motor vehicle during the traffic stop or accident investigation. If compliance is not confirmed for the policy described on the security verification form produced by the operator and a subsequent investigation conducted by the officer verifies that the operator is not in compliance or if no security verification form is produced, the officer shall issue a citation to the operator for failure to comply with the Compulsory Insurance Law. Establishing compliance with the Compulsory Insurance Law through the online verification system shall not may be the primary cause for law enforcement to stop a motor vehicle; and
9. All information exchanged between the Department and insurance companies, any database created, and all reports, responses, or other information generated for the purposes of the verification system shall not be subject to the Oklahoma Open Records Act.
B. This section shall not apply to a policy issued pursuant to paragraph 3 of subsection A of Section 7-601.1 of this title or paragraph 3 of subsection A of Section 7-602 of this title to insure a commercial motor vehicle or to insure any vehicle under a commercial policy that provides commercial auto coverage as defined in Section 7-600 of this title.
C. As a condition for writing motor vehicle liability policies in this state, insurance carriers shall cooperate with the Department in establishing and maintaining the insurance verification system and shall provide access to motor vehicle insurance policy status information as provided in the rules of the Department.
SECTION 2. This act shall become effective November 1, 2012.

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2nd Session of the 53rd Legislature (2012)

SENATE BILL 1190 By: Mazzei







AS INTRODUCED

An Act relating to income tax; amending 68 O.S. 2011, Section 2357.301, which relates to the aerospace sector income tax credit; modifying definition; authorizing amended return for specified circumstance and providing deadlines for filing; providing for codification; and providing an effective date.






BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 68 O.S. 2011, Section 2357.301, is amended to read as follows:
Section 2357.301. As used in Sections 1 through 4 2357.301 through 2357.304 of this act title:
1. “Aerospace sector” means a private or public organization engaged in the manufacture of aerospace or defense hardware or software, aerospace maintenance, aerospace repair and overhaul, supply of parts to the aerospace industry, provision of services and support relating to the aerospace industry, research and development of aerospace technology and systems, and the education and training of aerospace personnel;
2. “Compensation” means payments in the form of contract labor for which the payor is required to provide a Form 1099 to the person paid, wages subject to withholding tax paid to a part-time employee or full-time employee, or salary or other remuneration. Compensation shall not include employer-provided retirement, medical or health-care benefits, reimbursement for travel, meals, lodging or any other expense;
3. “Institution” means an institution within The Oklahoma State System of Higher Education or any other public or private college or university that is accredited by a national accrediting body;
4. “Qualified employer” means a sole proprietor, general partnership, limited partnership, limited liability company, corporation, other legally recognized business entity, or public entity whose principal business activity involves the aerospace sector;
5. “Qualified employee” means any person employed by or contracting with a qualified employer on or after January 1, who has been awarded an undergraduate or graduate degree from a qualified program by an institution, and who was not employed in the aerospace sector in this state immediately preceding employment or contracting with a qualified employer. For purposes of this paragraph, prior employment in the aerospace sector shall not include employment or contracting with a qualified employer as an intern on a nonpermanent basis;
6. “Qualified program” means a program that has been accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology (ABET) and that awards an undergraduate or graduate degree; and
7. “Tuition” means the average annual amount paid by a qualified employee for enrollment and instruction in a qualified program. Tuition shall not include the cost of books, fees or room and board.
SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2357.305 of Title 68, unless there is created a duplication in numbering, reads as follows:
For the tax years 2009 through 2011, any qualified employee that was employed or contracted as an intern on a nonpermanent basis in the aerospace sector or any qualified employer who employed or contracted with a qualified employee as an intern may file an amended Oklahoma income tax return in order to claim the income tax credit provided for in Section 2357.302, 2357.303 or 2357.304 of Title 68 of the Oklahoma Statutes. Tax year 2009 amended returns may be filed on or before October 15, 2014, and be considered timely filed for purposes of claiming an income tax refund. All other tax years are subject to the statute of limitations for refund claims set forth in Section 2373 of Title 68 of the Oklahoma Statutes.
SECTION 3. This act shall become effective January 1, 2013.

53-2-1836 JCR 2/2/2012 11:27:27 AM]]> OKBills.info Thu, 02 Feb 2012 17:35:30 +0000 http://www.okgopchat.com/forum/okbillsinfo/189-hr-1004-requiring-all-bills-to-be-heard-in-committee.html#189 http://www.okgopchat.com/forum/okbillsinfo/189-hr-1004-requiring-all-bills-to-be-heard-in-committee.html#189 Click to see the bill's status

HOUSE OF REPRESENTATIVES - FLOOR VERSION

STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE
RESOLUTION 1004 By: Key




AS INTRODUCED

A Resolution relating to the Rules of the House of Representatives of the Fifty-third Legislature of the State of Oklahoma; requiring that a specified rule be added to the Rules of the House of Representatives of the Fifty-third Legislature of the State of Oklahoma; requiring committee hearing of bills and joint resolutions under certain circumstances; requiring floor consideration of bills and joint resolutions under certain circumstances; providing for amendment of conflicting rules; and providing for numbering of rule.





NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 53RD OKLAHOMA LEGISLATURE:
THAT the following rule be added to the Rules of the House of Representatives of the Fifty-third Legislature of the State of Oklahoma:
(a) After assignment to a standing or special committee, the principal author of a bill or resolution introduced on or prior to the filing deadline of the First Regular Session and the principal author of a bill or resolution introduced after the filing deadline of the First Regular Session and on or prior to the filing deadline of the Second Regular Session shall be entitled to have such bill or joint resolution considered at least four (4) legislative days prior to the final date for Third Reading in the First Regular Session or for Third Reading in the Second Regular Session respectively or prior to any date designated as a deadline for reporting bills and joint resolutions from committee if the principal author submits a request to the Chair of the committee.
(b) If a bill or joint resolution is reported from committee, the bill or joint resolution shall be heard on the floor of the House prior to any date designated as a deadline for third reading and final passage if the principal author makes a written request for such consideration to the Speaker of the House; and
THAT any rule of the House of Representatives of the Fifty-third Legislature of the State of Oklahoma in conflict with this rule be amended to conform to this rule; and
THAT this rule be assigned a number in an appropriate place within the Rules of the House of Representatives of the Fifty-third Legislature of the State of Oklahoma governing committees and committee process.

DIRECT TO CALENDAR.]]> OKBills.info Thu, 02 Feb 2012 16:12:52 +0000