Civil Justice State Legislative Roundup By Katy Dilks

Civil Justice State Legislative Roundup State Legislative Roundup

By Katie Dilks

Though we’re only partway through the 2021 legislative session, many bills have been progressing that could impact the practice of law and access to justice in Oklahoma. This update is accurate as of March 11, the deadline for bills to “cross over” between the House and the Senate – check back in the June issue for an end-of-session recap.

Several bills were introduced this year impacting landlordtenant issues. Three received floor votes and are of particular note:

• Senate Bill 200 (authored by Senator Montgomery, and co-authored in the House by Representative Pae) amends and adds language to 41 O.S. 2011 Sections 111 and 113, allowing a victim of domestic violence or stalking to break their lease without penalty by providing notice of a protective order or a police report within 30 days of the incident. The bill would allow landlords to hold the perpetrator of violence civilly liable for economic loss from the lease termination. Moreover, it states that a lease may not limit a tenant’s right to summon a police officer or emergency assistance. SB 200 passed the Senate 45-1 and is being considered by the House.

• House Bill 1950 (authored by Representative Cruz, and co-authored in the Senate by Senator J.J. Dossett) would create a tax credit for the next two years to compensate landlords economically impacted by missed rent due to

COVID-19, but only if they did not evict due to nonpayment. The total could not exceed $5 million annually, and an individual taxpayer could not receive more than $1250 from the tax credit annually. HB 1950 passed the

House 54-20 and is being considered by the Senate.

• House Bill 1564 (authored by Representative Gann, and co-authored by Senator Stephens) would amend 41 O.S. 2011 Section 131 to require judges entering eviction judgments to immediately order possession to the landlord with no discretion to extend the tenancy (in cases of medical hardship, for example). Additionally, it would allow landlords to apply immediately (rather than after 48 hours) to the local sheriff to enforce possession. The bill would set allowable late payment fees at 15% of monthly rent, enforceable in an FED proceeding, and finally states that all provisions in the Oklahoma Residential Landlord and Tenant Act are enforceable even in the event of a catastrophic health emergency. HB 1564 failed the House vote 26-51. However, a motion to reconsider passed, so the bill may reappear next session.

Two bills on domestic and sexual violence are of interest (in addition to SB 200):

• House Bill 1028 (authored by Representative Kerbs, co-authored by Senator Weaver) amends 22 O.S. 2011

Section 40.3, Section 60.3, and Section 60.16, requiring peace officers assisting with the filing of a protective or ex parte order to attempt service on the subject of the order and complete a return of service when filing with the court. It also directs the court clerk to accept the petition even if service has not been made, and states that the petition should be given to the appropriate sheriff’s office to obtain service at that point. Finally it states that an emergency protective order is effective until a set hearing date, rather than close of business on the next court day, and that the peace officer must provide a copy of the order (including scheduled hearing date and time) to the victim and defendant. HB 1028 passed the House 89-1 and is being considered by the Senate.

• House Bill 2546 (authored by Representative Munson, co-authored by Senator Floyd) creates the Sexual Assault Victims' Right to Information Act, based on model national legislation. The bill covers many areas, but primarily allows for a sexual assault victim’s advocate to be present at most stages of an interview or investigation (and requires law enforcement to inform a victim about that right). It also states that if a victim chooses to retain counsel, that counsel may be present during all stages of investigation or the legal process. Finally, any forensic evidence collected from a sexual assault victim may not be used to prosecute a victim for a misdemeanor or as

a basis to search for additional evidence of unrelated misdemeanor crimes. HB 2546 passed the House 94-0 and is being considered by the Senate.

Several other bills have also made it halfway through the process, crossing over to the Senate for consideration.

• House Bill 2542 sets the rules for reciprocal admission to the bar back into statute rather than court rule, but does not substantively change them.

• House Bill 1024 limits who can act as a process servers – no one convicted of a violent crime or on the sex offender registry can be a server. It also specifies that assault and battery on a process server is a misdemeanor.

• House Bill 2869 increases judicial compensation setting approximately a 10% increase for appellate judges, and approximately a 40% increase for district and special judges.

• House Bill 2229 adopts the Uniform Interstate Depositions and Discovery Act, joining 45 other jurisdictions that have already adopted it.

• House Bill 2548 adopts the Uniform Power of Attorney

Act, joining 27 other jurisdictions.

• House Bill 1151 would require findings of fact and law to support anything other than equal access and custody in divorce and custody proceedings. Katie Dilks is the Executive Director of the Oklahoma Access to Justice Foundation, which works statewide to increase access to the civil justice system and ensure a fair and accessible legal system for all.