ALSO INSIDE 2008 Oklahoma Tax Legislation Bar Center East Wing Renovations Unveiled - Oklahoma Bar Association
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Volume 79 u No. 23 u September 13, 2008
ALSO INSIDE
• 2008 Oklahoma Tax Legislation
•Bar Center East Wing
Renovations Unveiled
Calendar of Events Fall 2008
September & October
2008 Women in Law Conference: It’s All About Me; It’s OBA CLE
Seminars
All About You: Finding Strength in Ourselves and in
Numbers - Cosponsored by the OBA Women in Law
Committee
September 18, 2008, Renaissance Hotel, Tulsa
Check registration times at
Anatomy for lawyers www.okbar.org
Cosponsored by The Professional Education Group, Inc. You may register online at
September 19, 2008, Oklahoma Bar Center ,OKC www.okbar.org/cle or call
405.416.7006
Office 2007 Overview
September 23, 2008, Oklahoma Bar Center ,OKC
September 25, 2008, Renaissance Hotel, tulsa
A Social Security Case from A to Z
September 25, 2008, Renaissance Hotel, tulsa
September 26, 2008,Oklahoma Bar Center, OKC
New Lawyer Experience - Hit the Ground Running
Cosponsored by The OBA Management Assistance Program
October 1, 2008, Oklahoma Bar Center, OKC
October 8, 2008,Tulsa County Bar Center, Tulsa
Interdisciplinary Collaborative Practive Training
Cosponsored by Oklahoma Academy of Collaborative Professionals
October 9 -10, 2008, Oklahoma Bar Center ,OKC
Workers’ Compensation Update: Where are we now?
October 13, 2008, Oklahoma Bar Center ,OKC
Got Arrested
Cosponsored by The Oklahoma Criminal Defense Lawyers Association
October 16, 2008, Oklahoma Bar Center, OKC
October 17, 2008, Renaissance Hotel, Tulsa
Early to Bed, EArly to Rise: An Attorney’s guide to staying Healthy, Wealthy & Wise
Cosponsored by the OBA Work Life Balance Committee
October 16, 2008, Renaissance Hotel, Tulsa
October 17, 2008, Oklahoma City, OKC
A Survey of Attorney Liens
October 24, 2008, Renaissance Hotel, tulsa
October 31, 2008, Oklahoma Bar Center ,OKC
2008 Law of the Workplace: Updates, Trends, and Hot
Topics in the Employment Law Arena
October 24, 2008, Oklahoma City, OKC
September 31, 2008, Renaissance Hotel, Tulsa
Writing to Win: Legal Writing that Creatively, Persuasively, and Successfully Wins Cases
October 29, 2008, Renaissance Hotel, tulsa
October 30, 2008,Oklahoma Bar Center, OKC
The Winner’s Circle: An Evening of Ethics, Food, and Racing Fun!
October 31, 2008, Remington Park, OKC
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please call 1 (800) 364-7886. Lawyers Helping Lawyers Assistance
Program is confidential, responsive, informal and available 24/7.
Vol. 79 — No. 23 — 9/13/2008 The Oklahoma Bar Journal 1969
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1970 The Oklahoma Bar Journal Vol. 79 — No. 23 — 9/13/2008
DEPARTMENTS
THEME: 1972 From the President
1997 From the Executive Director
OBA ANNUAL MEETING
1999 Law Practice Tips
contents
2001 Ethics/Professional Responsibility
2003 OBA Board of Governors Actions
2006 Oklahoma Bar Foundation News
September 13, 2008 • Vol. 79 • No. 23 2009 Access to Justice
2010 Young Lawyers Division
2012 Calendar
2014 For Your Information
2019 Bench and Bar Briefs
2024 In Memoriam
1998 Editorial Calendar
104th Annual Meeting • Nov. 19- 2032 The Back Page
21, 2008
FEATURES
1974 Jeffrey Toobin to Speak pg. 1989
at Annual Luncheon Tax Section
By Jeff Kelton
1975 Annual Meeting
Event Highlights
By Carol Manning
PLUS
1989 Taxation Law Section:
1978 Get Excited about Something! 2008 Oklahoma Tax Legislation
2008 Annual Meeting By Sheppard F. Miers Jr.
CLE Highlights
By Brandon Haynie 1994 Photo Highlights:
Bar Center East Wing Renovations
1982 Attorney Art Contest
By Shawnae Robey
1983 Registration Forms
1986 2009 OBA Board of
Governors Vacancies
1987 OBA Nominating Petitions Filed
pg. 1994
Renovations
Vol. 79 — No. 23 — 9/13/2008 The Oklahoma Bar Journal 1971
FROM THE PRESIDENT
Make Plans to Attend the Bar Convention
By Bill Conger
As you can see, this issue of our bar Jeffrey Toobin, who will give the
journal focuses on our Annual Meeting, which keynote address at our luncheon
will be held at the Sheraton Hotel in Oklahoma on Thursday, Nov. 20. Among
City Nov. 19 - 21. To me, the Annual Meeting is Jeff’s many accomplishments is
always one of our most special events, and I am his best-selling book, The Nine,
really excited about this year. However, it goes which is about the Supreme
without saying that the more people who attend Court. He will be sharing
— the better the Annual Meeting. Last year’s with us the dynamics of the
meeting is proof positive. It was the second largest Supreme Court during a time of
attendance we have ever had, and I thought it was transition.
one of the best I have ever attended.
Immediately following the
The theme for the 104th OBA Annual Meeting is luncheon, our keynote speaker
Generations of Change. I believe it is especially will be available
fitting because our profession is about for a book signing.
to go through a profound change over If you don’t already
the next 10 years. You are aware of own his newest
the phenom of “baby boomers.” I am book, it and several
one of them. The “baby boomers” “… it goes others will be avail-
represent a large segment of our
profession; but, sadly, we are getting
without saying the able for purchase at
event.
older. that the more As you can see
Over the next 10 years many of us people who from this issue, we
will be retiring and the impact on our
profession will be significant because
attend — the have much planned
for your pleasure
it will be the practitioners, members of better the and continuing
the judiciary and legal educators who
will be leaving. These ranks will
Annual education. This is
such a special time
be filled by our current law stu- Meeting.” to be with your
dents and the younger members colleagues from all
of our profession. Having gone over the state in
from a long career in private Oklahoma City and
practice to teaching in the Okla- Bricktown with its
homa City University School of Law, I have vibrant nightlife and excellent
learned all too well the importance of commu- restaurants.
nicating across generations. So I look forward
with much anticipation and excitement to the I look forward to seeing all of
plenary session where our keynote speaker you in November.
will be Rita M. Murray, nationally and
President Conger internationally known as a consultant and AT A GLANCE
is general counsel speaker on multi-generational relations and 104th OBA Annual Meeting
at Oklahoma City communications. Nov. 19 – 21, 2008
University.
bconger@okcu.edu In addition to Rita, we are pleased to have Sheraton Hotel
(405) 208-5845 award-winning author and news commentator Downtown Oklahoma City
1972 The Oklahoma Bar Journal Vol. 79 — No. 23 — 9/13/2008
OFFICERS & BOARD OF GOVERNORS
J. William Conger, President, Oklahoma City
Jon K. Parsley, President-Elect, Guymon
EVENTS CALENDAR
Michael C. Mordy, Vice President, Ardmore
Stephen D. Beam, Immediate Past President, SEPTEMBER
Weatherford
Julie E. Bates, Oklahoma City 16 OBA Civil Procedure Committee Meeting; 3 p.m.; Oklahoma Bar
Jack L. Brown, Tulsa Center, Oklahoma City and OSU Tulsa; Contact: James C. Milton (918)
Cathy M. Christensen, Oklahoma City
Donna Dirickson, Weatherford
591-5229
Robert S. Farris, Tulsa 17 OBA Uniform Laws Committee Meeting; 4 p.m.; Oklahoma Bar
Brian T. Hermanson, Ponca City
W. Mark Hixson, Yukon
Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Fred
Jerry L. McCombs, Idabel Miller (405) 325-4699
Deborah A. Reheard, Eufala
Alan Souter, Bristow
18 OBA Legal Intern Committee Meeting; 3:30 p.m.; Oklahoma Bar
Peggy Stockwell, Norman Center, Oklahoma City; Contact: H. Terrell Monks (405) 733-8686
James T. Stuart, Shawnee
Kimberly Warren, Tecumseh, Chairperson,
19 OBA Board of Governors Meeting; Ardmore; Contact: John Morris
OBA/Young Lawyers Division Williams (405) 416-7000
BAR CENTER STAFF 22 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.;
John Morris Williams, Executive Director; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa;
Dan Murdock, General Counsel; Donita Bourns
Contact: Ann Dudley Marshall (405) 848-5715
Douglas, Director of Educational Programs;
Carol A. Manning, Director of Communications; Hudson Hall Wheaton Inn Pupilage Group One Presenting:
Craig D. Combs, Director of Administration;
10 Things I Wish I’d Known Before My First Trial; 5:30 p.m.; Federal
Gina L. Hendryx, Ethics Counsel; Jim Calloway,
Director of Management Assistance Program; Rick Building, 333 West Fourth St.; Contact Michael Taubman (918) 260-1041
Loomis, Director of Information Systems; Beverly S.
Petry, Administrator MCLE Commission; Jane
23 OBA Law-related Education Committee Meeting; 4 p.m.; Oklahoma
McConnell, Coordinator Law-related Education; Ja- Bar Center, Oklahoma City; Contact: Jack G. Clark (405) 232-4271
nis Hubbard, First Assistant General Counsel; Mark
Davidson, Loraine Dillinder Farabow and Janna
24 OBA Clients’ Security Fund Committee Meeting; 2 p.m.; Oklahoma
D. Hall, Assistant General Counsels; Robert D. Bar Center, Oklahoma City and OSU Tulsa; Contact: Micheal Charles Salem
Hanks, Senior Investigator; Sharon Orth , Dorothy (405) 366-1234
Walos and Krystal Willis, Investigators
OBA Member Services Committee Meeting; 3:30 p.m.; Oklahoma
Nina Anderson, Manni Arzola, Jenn Barrett, Bar Center, Oklahoma City; Contact: Keri Williams Foster (405) 385-5148
Debbie Brink, Melissa Brown, Brenda Card,
Sharon Dotson, Johnny Marie Floyd, Matt Gayle, 26 OBF Trustee Luncheon; 12 p.m.; Summit Club, Tulsa; Contact: Nancy
Susan Hall, Brandon Haynie, Suzi Hendrix, Misty Norsworthy (405) 416-7048
Hill, Debra Jenkins, Jeff Kelton, Durrel Lattimore,
Debora Lowry, Heidi McComb, Renee Montgom- OBF Board of Trustee Meeting; 1 p.m.; Summit Club, Tulsa; Contact
ery, Wanda Reece-Murray, Tracy Sanders, Mark
Nancy Norsworthy (405) 416-7048
Schneidewent, Robbin Watson, Laura Willis
& Roberta Yarbrough 27 OBA Young Lawyers Division Committee Meeting; 9:30 a.m.;
EDITORIAL BOARD Oklahoma Bar Center, Oklahoma City; Contact: Kimberly Warren
Editor in Chief, John Morris Williams, News & (405) 239-7961
Layout Editor, Carol A. Manning, Editor, Melissa
DeLacerda, Stillwater, Associate Editors: Steve 29 OBA Budget Committee Meeting; 10 a.m.; Oklahoma Bar Center,
Barnes, Poteau; Martha Rupp Carter, Tulsa; Mark Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jon Parsley
Curnutte, Vinita; Leslie D. Guajardo, Oklahoma (580) 338-8764
City; John Munkacsy, Lawton; Pandee Ramirez,
Okmulgee; Julia Rieman, Enid; James Stuart, For more events go to www.okbar.org/news/calendar.htm
Shawnee and Judge Lori M. Walkley, Norman
NOTICE of change of address (which must be in The Oklahoma Bar Association’s official Web site: www.okbar.org
writing and signed by the OBA member), unde-
liverable copies, orders for subscriptions or ads, THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar
news stories, articles and all mail items should be Association. All rights reserved. Copyright© 2008 Oklahoma Bar Association.
sent to the Oklahoma Bar Association, P.O. Box The design of the scales and the “Oklahoma Bar Association” encircling the
53036, Oklahoma City, OK 73152-3036. scales are trademarks of the Oklahoma Bar Association. Legal articles carried
in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors.
Oklahoma Bar Association (405) 416-7000
Toll Free (800) 522-8065 FAX (405) 416-7001 THE OKLAHOMA BAR JOURNAL (ISSN 0030-1655) IS PUBLISHED THREE TIMES
Continuing Legal Education (405) 416-7006 A MONTH IN JANUARY, FEBRUARY, MARCH, APRIL, MAY, AUGUST, SEPTEM-
Ethics Counsel (405) 416-7083 BER, OCTOBER, NOVEMBER AND DECEMBER AND BIMONTHLY IN JUNE AND
General Counsel (405) 416-7007 JULY. BY THE OKLAHOMA BAR ASSOCIATION, 1901 N. LINCOLN BOULEVARD,
Law-related Education (405) 416-7005 OKLAHOMA CITY, OKLAHOMA 73105. PERIODICALS POSTAGE PAID AT OKLA-
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TIONS ARE $55 PER YEAR EXCEPT FOR LAW STUDENTS REGISTERED WITH THE
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Board of Bar Examiners (405) 416-7075 OPINION EXPRESSED HEREIN IS THAT OF THE AUTHOR AND NOT NECESSAR-
Oklahoma Bar Foundation (405) 416-7070 ILY THAT OF THE OKLAHOMA BAR ASSOCIATION, OR THE OKLAHOMA BAR
JOURNAL BOARD OF EDITORS.
Vol. 79 — No. 23 — 9/13/2008 The Oklahoma Bar Journal 1973
104 th Annu al Meeting • Nov
. 19-21, 2008
Jeffrey Toobin to Speak
at Annual Luncheon
By Jeff Kelton
Jeffrey Toobin, a leading analyst in politics, workings of the criminal justice system in the
media and the law will deliver the keynote O.J. Simpson trial. While he is recognized as
address at the OBA Annual Meeting this year, being seen on cable news stations giving
Nov. 19-21 in Oklahoma City. reports and in-depth looks into legal issues,
Mr. Toobin began his career in law. He
President-Elect Jon Parsley, who recently received his bachelor’s degree from Harvard
heard Mr. Toobin speak at the State Bar of College and earned his juris doctor magna
Texas Annual Meeting, said, “Toobin’s presen- cum laude from Harvard Law School, where
tation was super interesting because he he was an editor of the Harvard Law Review.
told little known and interesting stories of Before joining the New Yorker, Mr. Toobin
things that happen behind the scenes served as an assistant United
at the U.S. Supreme Court. States attorney in Brooklyn.
Toobin is knowledgeable He also served as an associate
about his subject, and his counsel in the office of
presentation style was very Independent Council Lawrence
energetic and captivating. E. Walsh, an experience that
Toobin even bravely fielded provided the basis for his first
questions from the audience. book, Opening Arguments: A
Overall, Jeffrey Toobin was Young Lawyer’s First Case –
one of the best luncheon United States v. Oliver North.
speakers I have ever seen!”
He has served as a staff
Mr. Toobin, author of the writer for the New Yorker
recent New York Times best- since 1993 and in 2002 joined
seller, The Nine: Inside the Secret the CNN News Group,
World of the Supreme Court, is where he serves as a senior
not only recognized for his analyst. Prior to joining
achievements in writing CNN, he worked with
but also for his unmatched ABC News, receiving an
coverage and analysis of some Emmy Award in 2000 for
of the most important events his coverage of the Elian
in our history such as the O.J. Gonzales custody saga.
Simpson trial, the Kenneth Starr investigation
and impeachment of President Bill Clinton, Mr. Toobin currently lives in New York City
and the disputed Florida recount of the 2000 with his wife and two children.
presidential election, for which he wrote the
renowned best-seller, Too Close to Call: The The Annual Luncheon takes place from
36-Day Battle to Decide the 2000 Election. noon to 1:45 p.m. Thursday, Nov. 20. Mr.
His other published works include A Vast Toobin will be available following the
Conspiracy, examining the methods of inde- luncheon for a book signing at 2 p.m. Cost to
pendent counsel Kenneth Starr’s team and the attend is $30 per person with Annual Meeting
legal proceedings of the Clinton impeachment registration. Seating is limited, so register
trial and The Run of His Life, a close look at the today. See the registration page in this issue.
1974 The Oklahoma Bar Journal Vol. 79 — No. 23 — 9/13/2008104 th Annu al Meeting • Nov
. 19-21, 2008
Annual Meeting Event Highlights
By Carol Manning
you in that laid-back, festive
Wednesday • November 19 mood will be provided by
Chuck Allen Floyd. Each
Multi-Track CLE attendee receives two drink
Having choices is always a good thing – tickets. Free with Annual
especially when it comes to continuing legal Meeting registration.
education. You’ll have four different tracks of
CLE programming to choose from – Criminal
Law, Family Law, Work/Life Balance and a
track called Nuts and Bolts that covers basic, Art Contest
practical topics for new lawyers or experienced
lawyers transitioning into private practice. It’s back by popular
Pick and choose individual sessions from demand — year 10. A
among the tracks or zero in on just one track. great opportunity for bar
Earn nine total hours of CLE credit with six members to show their
hours on Wednesday from 9 a.m. – noon and 2 creative side and compete
– 5 p.m. and for three hours on Thursday for the honor of being
morning. Participants will receive materials for named OBA Artist of the
all track sessions on one very light and back- Year. Don Holladay of
saving CD. Some materials will be available to Oklahoma City is the reigning winner for his
pre-registrants before the meeting to down- acrylic painting. Original, attorney-created
load and use for note taking. See the CLE grid works of art in a wide variety of media will be
in this issue for more details. judged and displayed during the President’s
Reception and again on Thursday morning
until the end of the luncheon. Artists pick up
4 TRACKS OF CLE their entries following the luncheon. Contest
entry fee included with registration fee.
Family Law
Norman attorney Shawnae Robey is
Criminal Law coordinating this event.
Work/Life Balance
Nuts and Bolts
Life’s a Beach American Idol – OBA Style
OBA President J. William “Bill” Conger Modeled after the popular
invites you to join him for what is traditionally TV show that catapults
the best party of the OBA Annual Meeting — unknown vocalists to mega-star
the President’s Reception. If you’ve never sensations, the OBA is looking for lawyers
been, the appetizers are hearty, and it’s a com- who can sing — individually or as a group.
petition to see if you can get to the large boiled Soloists must be registered for the Annual
shrimp before they are gobbled up by your fel- Meeting, and at least one person in each group
low party-goers. Days on the beach are always must be registered. There are spots for only 15
fun, and so will be this reception that starts at performances — so sign up ASAP before all
7 p.m. and ends at 9 p.m. Entertainment to get the time slots are filled. See the separate OBA
Vol. 79 — No. 23 — 9/13/2008 The Oklahoma Bar Journal 1975idol form in this issue. Oklahoma City attorney Annual Luncheon
Randy Grau will return again this year as the
Jeffrey Toobin, a leading
show’s emcee. Who needs Simon, Randy and
analyst in politics, media
Paula? We’ll have our own distinguished panel
and the law will share the
of celebrity judges who will award prizes to
inside story of the U.S.
the top three. Performers need to provide their
Supreme Court, which is
background music for one song on CD. If
the subject of his recent New
you’re not interested in performing, come be
York Times best-selling book.
part of the audience. The fun starts at 9 p.m.
OBA awards will be
and lasts until 11 p.m. Admission free with
presented, and the new
Annual Meeting registration.
Attorney Artist of the Year
will be revealed. Time: 12 – 1:45 p.m. Cost: $30
with Annual Meeting registration, which is
required to purchase a ticket. Sign up on the
printed registration form or register online
at www.okbar.org. A book signing will
Thursday • November 20 immediately follow the luncheon, and a vari-
ety of his books will be available for purchase.
CLE Plenary Session
Free Mental Health
The biggest business changes CLE Seminar
ever are happening in our
world today, and keynote The OBA is continuing its
speaker Rita Murray in a ses- award-winning work in the area
sion titled, “A Perfect Storm of of mental health by again offering 1 1/2 hours
Opportunity,” will share of free CLE (including ½ hour of ethics) on
insight into business diversity Thursday afternoon from 3 — 4:15 p.m. The
initiatives within the legal pro- program will be divided into three parts: 1) a
fession. She will provide prac- quick summary of what’s happening with
tical ideas you can put to work mental health services in Oklahoma, 2) a panel
now. Ms. Murray, who has discussion on how the OBA is addressing
worked with Fortune 500 companies through- member mental health issues, and 3) advice on
out the world, brings an educational, lively how you should ethically address lawyer men-
and fun multimedia experience to the CLE tal health issues. The program is sponsored by
plenary session this year. She will show you OBA/CLE and the OBA Lawyers Helping
baby boomer and generation X leadership and Lawyers Assistance Program. Annual Meeting
legal professional styles, generational commu- registration is not required to attend this pro-
nication tips and Internet trends for legal gram. Register by filling out the online Annual
professionals. Let this first-generation business Meeting registration form or by calling Mark at
woman, TV host, Web producer, emcee and (405) 416-7026.
former top-secret contractor help you cash in
on the incoming waves of legal opportunity. Just Desserts
Begins at 9 a.m. and ends at 11:20 a.m. This ses-
After a long day of meetings,
sion is part of the two-day CLE package — or
it’s time to chill out a little and
is priced separately.
relax. Enjoy some of the early
receptions and then come to this event to listen
to live music. In addition to the music, desserts
and coffee will make this
BARRISTER SPONSOR: another fun Annual
OBA Litigation Section Meeting event held from
7:30 – 9 p.m. Free
ESQUIRE SPONSOR: with Annual Meeting
Oklahoma Attorneys
registration, and that’s a
Mutual Insurance Co.
pretty sweet deal!
1976 The Oklahoma Bar Journal Vol. 79 — No. 23 — 9/13/2008Viva Las Vegas
Casino Night
Maybe this will be your Why Should You Attend
lucky night to win it big at
blackjack, roulette or craps. The
the Annual Meeting?
good thing is if you lose a bundle, it’s
“I recommend that lawyers attend the bar
only play money. Musical entertainment and at ers,
least one Vegas showgirl wearing a gigantic fan convention because you can meet other lawy
get some CLE, get prize s and see the
headdress will make you think that you are in
latest from law vendors.” — Jody Nath an, Tulsa
the city where what happens there, stays there.
A drawing for wicked prizes
to see
will be held at the end of the “The Annual Meeting is a great opportunity
nces
evening. Casino night is classmates and old friends, make new acquainta
sponsored by the Young in the profession and have a won derfu l
Lawyers Division and will m, Tulsa
experience at the same time.” — Bill Grim
be from 9 p.m. – midnight.
Free with Annual Meeting sense
registration. “The Annual Meeting combines fun with a
of accomplishme nt. It is a great place to meet
and interact with lawyers and judg es with out
Friday • November 21 the burden of a case in betw een – and
it’s a great time to find out what we can
President’s Prayer Breakfast accomplish as a bar. “ — Rick Rose, OKC
President Bill Conger invites you to join him OBA,
for breakfast, a long-standing Annual Meeting “Even though I am no longer a ‘leader’ of the
Mee ting.
tradition. Featured speaker will be Dr. Robert I still look forward to attending each Annual
ds
Gorrell, senior minister at Church of the Why? Because I enjoy seeing so many old frien
the state in
Servant in Oklahoma City. The breakfast is and making new acquaintances from all over
from 7:30 – 9 a.m. Cost: $20. Sign up on the a relaxed atmosphere. In fact, I hope to see you
Annual Meeting registration form. there this year.” — Gary C. Clark, Stillwater
General Assembly Annual
“A lawyer who has never attended the OBA
is to
Leaders of the Oklahoma Meeting will be surprised how much fun it
seen since law scho ol,
Supreme Court, Court of Criminal see colleagues you have not
Appeals and Oklahoma Bar dvers arial
to visit with judges and lawyers in a nona
Association will share their current challenges ons, enjoy
venue, to attend informative CLE presentati
and triumphs. Come see your colleagues, and agues who
maybe your bar association, honored with great food and observe talents of some colle
Whe re else can one
OBA awards. Begins at 9 a.m. Open to all would down right surprise you.
rejuv enated
bar members, not just delegates. possibly have so much fun? I am always
after the Annual Meeting.” — Linda Samu
el-Jaha, OKC
“Last year I sang a cappella in the Idol contest,
ht
House of Delegates gave a nominating speech and literally caug
e
Taking place immediately President Conger exte on fire in Bill Conger’s marble hallway. I com
nds special for the exorcism of the three deep est com mon
following the General
thanks to the Annual fears of humanity — having tomatoes thro
wn
Assembly, the voice of the Meeting
.
membership elects officers Task Force: at me, public speaking and a gruesome death
and Board of Governors As Ian Fleming’s James Bond would say, ‘You
members for 2009. Plus, Debra Charles • Myra only live twice — once when you’re born,
once
Kaufman
they make decisions on John Morris Williams in the face. ’“
• Craig Combs when you look death
the OBA’s legislative plan an
Donita Douglas • Ca
rol Manning — Jim Drummond, OKC/Norm
and other important
issues for next year.
Vol. 79 — No. 23 — 9/13/2008 The Oklahoma Bar Journal 1977104 th Annu al Meeting • Nov
. 19-21, 2008
Get Excited about Something!
2008 Annual Meeting CLE Highlights
By Brandon Haynie
A
few weekends ago while up in Arkansas, a buddy and I
had the chance to sit with our good friend in the dugout as
he was coaching his high school baseball team in a
summer state tournament.
After the opponent hit a line drive through Murray. Scheduled on Nov. 20 from
second into the outfield, the centerfielder from 9-11:40 a.m., this course will tackle the collid-
our friend’s team let the ball roll through his ing workforce demographic, cultural and
legs as he went to make the play. Seeing that socioeconomic events that are producing the
the opponent was already rounding third, he biggest business changes ever experienced in
leisurely turned around scooped the ball, and the United States, Canada and many other
tossed it to the cut off man with no attempt to developed countries. Using a provocative and
make a play at home. insightful look at the successful business diver-
sity initiatives in the legal profession, this pre-
As you can imagine, our ole ball coach friend
sentation will provide practical ideas you can
was furious and proceeded to light a fire under
put to work now.
the kid. As he addressed the team in the dug-
out, his sentiment was this: “You need to get Ms. Murray, who has
excited about something out there! How can worked with Fortune 500
you expect to get anything done, more less get companies throughout the
any better, if you aren’t excited about any of world, brings an educa-
it?” While the kids on his team didn’t seem too tional, lively and fun mul-
affected by the rousing speech, I walked away timedia experience to the
with a thought, not as a washed-up sports has- CLE track this year. She
been, but from a business perspective. will show you baby
boomer and generation
What if we started asking ourselves if we
X leadership and legal
ever “get excited” about improving or better-
professional styles, gen-
ing ourselves for our profession? If the case is
erational communication
no and you are looking for that chance to really
tips, Internet trends for legal professionals,
enjoy progressing in your practice, then OBA/
ethics and etiquette, just to name a few. Let this
CLE is bringing you nine hours of world-class
first-generation business woman, TV host, Web
CLE to choose from during the 104th OBA
producer, emcee and former top-secret con-
Annual Meeting, Nov. 19-21 at the Sheraton
tractor help you cash in on the incoming waves
Hotel in Oklahoma City.
of legal opportunity.
The courses offered this year bring drama,
The Wednesday CLE multi-track format will
humor, enthusiasm and motivation to the
be used again at this year’s meeting. Members
table. Headlining this year’s plenary session is
will have an opportunity to select from in
“A Perfect Storm of Opportunity” with Rita
1978 The Oklahoma Bar Journal Vol. 79 — No. 23 — 9/13/2008excess of 24 different sessions. Four tracks of from Cameras and Cell Phones,” “Represent-
simultaneous CLE programming will be ing Clients before the Department of Public
offered: Family Law, Criminal Law, Work/Life Safety…What Lawyers Should Expect?,” “Pros-
Balance, and Nuts and Bolts. ecutorial Misconduct/Ineffective Assistance of
Counsel…What To Avoid?” and “DNA Analy-
The Family Law track will be packed with
sis Updates and Changes.”
information that will address “Tips for non-
Family Law Attorneys,” “Parenting Coordina- Looking for a track that combines quantity
tor Guidelines” and “New Child Support and quality? If so, look no further than “Nuts
Guidelines and Family Law Technology and Bolts” of law practice. Some highlights
Updates.” And back by popular demand, the from this track include “Maneuvering Through
Family Law Ethics Players return for an encore DPS and the DUI Case” and “What Your Cli-
performance. The players will no doubt pow- ents Need to Know About Employment Law.”
erfully illustrate important ethics issues and “Getting to Know Discovery: Tips for Civil,
are a must-see for this track. Family and General Practice” and “The Basics
of Implementing (and
It seems that as time
Keeping) a Guardian Ad
goes on, the world gets
Litem” round out this
smaller as communica-
powerfully charged
tion tools grow, and work
and life are becoming 4T RACKS OF CLE track.
joined at the hip. The The four tracks will
Work/Life Balance track Family Law occur simultaneously in
will prove to be beneficial
by offering practical, real-
Criminal Law four meeting rooms at
the Sheraton Hotel. Each
world legal advice to help Work/Life Balance track is divided into 50-
better manage the two as
they are becoming one.
Nuts and Bolts minute blocks, and
breaks will coincide.
This track will travel from Attendees can mix and
“Paying off School Loans” match programs they
and “Learning to Turn attend and fit together
Bad Days into Good the CLE that best suits
Ones,” to “Substance Abuse” and “What to Do their needs. Ethics and technology sessions are
When Your Case Goes to Hell.” For those look- scattered throughout the day. Registrants
ing for a balance in weighing work and home receive materials on a CD for all Wednesday
life, this track is rich in material. sessions, not just the sessions attended.
Criminal Law track planner Ben Brown has So at this year’s Annual Meeting, join us for
put together yet another outstanding criminal some quality CLE that is guaranteed to be ben-
law track for this year’s program. Sessions eficial, entertaining and educational for all that
cover a broad spectrum and should prove use- attend. Reserve your spot now with OBA/
ful to all attorneys who practice criminal law: CLE, and get excited about learning again.
“Perceptions from the Other Side,” “Represent-
Mr. Haynie is a marketing and production
ing Your Client before the Oklahoma Pardon &
specialist in the OBA/CLE Department.
Parole Board,” “Digital Forensic Information
Vol. 79 — No. 23 — 9/13/2008 The Oklahoma Bar Journal 1979OBA/CLE Annual Meeting 2008
November 19, 2008 • Sheraton Hotel DAY 1
Family Law Criminal Law Work/Life Nuts & Bolts
Balance
WEDNESDAY Program Planner/ Program Planner/ Program Planner/ Program Planners/
Registration Moderator Moderator Moderator Moderators
8 - 9 a.m. Amy E. Wilson Ben Brown Leslie Lynch Lindsey Andrews
Melanie J. Jester
Eric Schelin
Session 1 Cocktail Party Family Perceptions from the Substance Abuse - Maneuvering
9 - 9:50 a.m. Law Tips for the Other Side Spotting the Signs in Through DPS
Non-Family Law Attorney Our (Friends and) and the DUI Case
Charles Sifers Colleagues and Tips on
Rees Evans David Prater What to Do to Protect David Ogle
David Echols Judge Virgil C. Black Our Practice (and
Eileen Echols Catherine Burton Their Lives)
Glenn Mirando
Session 2 Legislative Update Representing Your How to Pay Those Law Commencing the
10 - 10:50 a.m. Client before the School Loans (and Estate Administration
Noel Tucker Oklahoma Pardon & Other Debts) while Process
Julie Rivers Parole Board Saving For the Future
Jack L. Brown
Mike Arnett Melinda Olbert
Susan Loving
Session 3 Parenting Coordinator Digital Forensic Find Joy in Life - To How to Play Nice in
Basics: How to Get a Information from Make Bad Days the Sandbox: Tips on
11 - 11:50 a.m.
PC Appointed, PC Cameras and Practicing Law a Little Professionalism,
Authority, and Reading Cell Phones More Tolerable Civility and Etiquette
PC Reports (ethics)
Mark R. McCoy Linda King
Jerry Perigo Ryan Cunningham Members of YLD
Rodney Cook
12-2 p.m. LUNCH (On your own)
Session 4 The New Child Representing Clients What to Do When Getting to Know
Support Guidelines: before the Department Your Case Goes to Hell Discovery: Tips for
2 -2:50 p.m.
What You Need of Public Safety… (ethics) Civil, Family, and
to Know About What Lawyers General Practice
Changes to the Should Expect? Gina Hendryx
Guidelines Statute John Echols
Judge Edward
Amy E. Wilson Wellon Poe Amy Howe
Cunningham
Deann Taylor Matt McDevitt
1980 The Oklahoma Bar Journal Vol. 79 — No. 23 — 9/13/2008OBA/CLE Annual Meeting 2008
Family Law Criminal Law Work/Life Nuts & Bolts
cont’d Balance
Session 5 Best Web Sites for Prosecutorial Navigating the The Basics of
Family Lawyers Misconduct/Ineffective Intersection of Work Implementing (and
3 - 3:50 p.m. Assistance of & Life - Charting Keeping) a Guardian
Jim Calloway Counsel… Organizational and Ad Litem
What To Avoid? Individual Success
David Echols
TBA Jannine Rupp Eileen Echols
Ellen Ostrow
Session 6 Family Law Ethics DNA Analysis Updates Life Goes to Hell - But What Your Clients
4 - 4:50 p.m. Players (ethics) and Changes the Law Goes On Need to Know About
Employment Law
Donelle Ratheal TBA Jim Chastain
Jay Buxton Jim Calloway Erica Anne Dorwart
Rees Evans Joe Ashbaker
Phil Tucker
Noel Tucker
Eileen Echols
4:50 p.m. ADJOURN
November 20 DAY TWO
THURSDAY
Registration
8 - 9 a.m.
Featured Speaker:
Rita Murray
Topic: Workforce demographic,
OBA/CLE A Perfect Storm cultural and socioeconomic
Plenary of Opportunity: events are colliding to produce
Session Communicating the biggest business changes
Across the ever experienced in the United
States, Canada and many other
9 - 11:40 a.m. Generations developed countries. Using a provocative and
insightful look at the successful business diversity
initiatives in the legal profession, this presentation
will provide practical ideas you can put to work now.
Vol. 79 — No. 23 — 9/13/2008 The Oklahoma Bar Journal 1981104 th Annu al Meeting • Nov
. 19-21, 2008
2008 Art Contest
By Shawnae Robey
O
klahoma lawyers have artistic talent! Please show off your
talent by submitting your pieces of art to be featured in
the 2008 Annual Meeting.
The art show is part of the OBA Annual Meeting, to be held Nov. 19 – 21 at the Sheraton Hotel in
downtown Oklahoma City. Original, attorney-created works of art will be on display throughout
the meeting. Last year we had 28 artists enter 73 pieces of art in 10 different categories and we
expect another great success this year.
A panel of three local art aficionados will judge the entries. First, second and third place designa-
tions will be awarded in each category, and the panel will select an overall “Artist of the Year” from
all of the entries. The attorney named “Artist of the Year” will be requested to attend Thursday’s
Annual Luncheon to receive his or her award, and the artist of the year will have his or her artwork
displayed at the Oklahoma Bar Center in Oklahoma City for a year.
Art show participants may submit entries in as many categories as they wish; however, there is
a limit of two entries per category. Additionally, all entries must have been completed within the
past five years and cannot have been awarded the top three places in any prior OBA Attorney Art
Show. To participate, simply register for the
Annual Meeting and fill out the art show
registration form. No extra entry fees —
they are included in the meeting registra-
tion fee.
The art will be on display Wednesday,
Nov. 19 from 6 – 9 p.m. and Thursday, Nov.
20 from 11 a.m. – 2 p.m. Judging will take
place on Wednesday from 12 – 2 p.m. No
registrants will be allowed in the display
room during judging.
We look forward to your participation!
If you have any questions, please contact
Shawnae Robey, 2008 Art Show
Coordinator, at (405) 640-9353, or e-mail
artatty@okbar.org.
Past President Stephen Beam presents
Don Holladay of Oklahoma City
the 2007 Artist of the Year Award –
“Central Park Lady”
Category: Acrylic
1982 The Oklahoma Bar Journal Vol. 79 — No. 23 — 9/13/20082008 OBA ATTORNEY ART SHOW
REGISTRATION FORM
ct. 24, 20is08 The following
Deadlinlle:be O
accepted after th deadlin
e)
categories of art
(No registrations wi
will be judged:
Return form with
Annual Meeting re gistration fee to: OK 73152 • Oil Painting
oma City,
P.O. Box 53036 • Oklah
ion • • Acrylic
Oklahoma Bar Associat
____________ • Watercolor
____________________
Name ______________ ____________________
_____ • Black and White
be r __ __ __ __ __ __ __
OBA Num __________
-m ail __ __ __ __ __ __ __ ____________________ Drawing
*E forms) • Color Drawing
ional information and
receive addit
(*Must be submitted to • Black and White
__
__ __ __ __ __ __ __ __ __ ____________________
Address ____ _______ Photograph
__ __ __ __ __ __ _ St at e ______ Zip ________ • Color Photograph
City __ ___________
_______ Fax ________
Phone ______________ • Three Dimensional
scribed below.
art, each of which are de (sculptures,
I will enter ___ pieces of
requested below. Please
attach woodwork, etc.)
in detail all information the
For each entry, complete the required information for entries exceeding • Craft (tile work,
nal she et wi th all
an additio
space provided.
stained glass,
needlepoint, etc.)
• Mixed Media
(screenprint,
enhanced
photographs, etc.)
Watercolor Photograph
y
Pottery Stained glass
Name of Piece Size/Weight Date Category
Created
Vol. 79 — No. 23 — 9/13/2008 The Oklahoma Bar Journal 19832008 Annual Meeting Registration Form
registrant.
Please complete a separate form for each
_________________________ 104 th Annu al Meeting • Nov
Name ______________________________ . 19-21, 2008
_____ _____ _____ _____ _____ _____ _____ ________________
E-mail _____
______________________
_________________________ Bar No. _____
Badge Name (if different from roster) _____
_____________________
________________________________________
Address ______________________________
__________________
________ Zip _______________ Phone _____
City ______________________________ State
_______________________
________________________________________
Name of Non-Attorney Guest __________
to the information above. q Yes q No
Please change my OBA roster information
Check all that apply:
q Judiciary q OBF Fellow q OBF Past President q OBA Past President q YLD Officer q YLD Board Member q YLD Past President
q Board of Bar Examiner q 2008 OBA Award Winner q Delegate q Alternate q County Bar President: County _______________________
q YES! Register me for the 2008 Annual Meeting, November 19, 20 & 21, in Oklahoma City.
Events will be held at the Sheraton Hotel. Registration fee includes continental breakfast in hospitality area, President’s Reception
ticket(s), Just Desserts reception, convention gift, Vendors Expo, Art Contest and Viva Las Vegas Casino Night.
n MEMBER: q $50 through Oct. 24; $75 after Oct. 24......................................................... $ __________
n NEW MEMBER (Admitted after Jan. 1, 2008): q Free through Oct. 24; $15 after Oct. 24 ................ $ __________
n LAW STUDENT DIV. q $25 through Oct. 24; $35 after Oct. 24 ........................................................ $ __________
q I will submit an entry (or entries) in the Art Contest. (Submit art registration form by Oct. 24.
Entry fee included in meeting registration.)
I will be attending/participating in the following ticketed events in addition
to my registration fee for Annual Meeting:
q WED. & THURS.: CLE Multitrack ( ___ [0 or 1] ticket @ $150 through Oct.24; $175 after Oct. 24;
and Plenary $50 for new members through Oct. 24, $75 after Oct. 24) ......... $ __________
q THURSDAY: CLE Plenary only ( ___ [0 or 1] ticket @ $75 through Oct. 24; $100 after Oct. 24;
$25 for new members through Oct. 24, $50 after Oct. 24). ......... $ __________
q THURSDAY: Annual Luncheon ( ___ number of tickets @ $30 each) ......................................... $ __________
q FRIDAY: President’s Prayer Breakfast ( ___ number of tickets @ $20 each).......................................... $ __________
q Please check here, if under the Americans with Disabilities Act you require specific aids or services during
your visit to the OBA Annual Meeting. q Audio q Visual q Mobile (Attach a written description of your needs.)
I will be attending the following ticketed events that do NOT require Annual Meeting registration:
q WEDNESDAY: Law School Luncheon – (check one) q OCU q OU q TU
( ___ number of tickets @ $30 each........................................ $ __________
TOTAL $ __________
THREE WAYS TO REGISTER PAYMENT OPTIONS:
ent
n MAIL this registration form with paym
q Check enclosed: Payable to Okla. Bar Association
or credit card info to:
OBA Annual Meeting Credit card: q VISA q Mastercard
P.O. Box 53036 Card #______________________________________________________________
Okla. City, OK 73152 Exp. Date____________________________________________________________
FAX this registration form with credit card Authorized Signature
information to: (405) 416-7092. ____________________________________________________________________
n ONLINE at www.okbar.org HOTEL ACCOMMODATIONS:
ds
n CANCELLATION POLICY Full refun Fees do not include hotel accommodations. For reservations contact: Sheraton
ds
will be given through Nov. 7. No refun Hotel at (405) 235-2780. Call by Oct. 26 and mention hotel code: OK BAR
will be issued after deadline. for a special room rate of $94 per night. For hospitality suites, contact Craig
Combs at (405) 416-7040 or e-mail: craigc@okbar.org.
1984 The Oklahoma Bar Journal Vol. 79 — No. 23 — 9/13/2008OBA Annual Meeting Event
Wednesday, Nov. 19, 2008
9 – 11 p.m.
• Perform one song
to wow celebrity judges
• Prizes for first, second
American
& third places
• Limited to15 individuals
or groups
Idol – OBA Style
• Groups must include at
least 1 OBA member
• Participants provide
background music on CD
• OBA performers must
register for the meeting
Fill out the form below and submit.
or print and mail to: American Idol – OBA Style,
OBA, P.O. Box 53036, OKC 73152
Fax to: 405.416.7089 • Scan & e-mail to: idol@okbar.org
Name of act: ______________________________________________________________
Your Name: ______________________________________________________________
OBA #:_________________________________________________________________
E-mail address: __________________________________________________________
If group, names of other performers:
______________________________________________ OBA # (if applicable) ________
______________________________________________ OBA # (if applicable) ________
______________________________________________ OBA # (if applicable) ________
______________________________________________ OBA # (if applicable) ________
Questions: E-mail idol@okbar.org
Vol. 79 — No. 23 — 9/13/2008 The Oklahoma Bar Journal 1985BAR NEWS
2009 OBA Board of Governors
Vacancies
Nominating Petition Deadline: 5 p.m. Friday, Sept. 19, 2008
OFFICERS Summary of Nominations Rules
President-Elect Not less than 60 days prior to the Annual Meeting,
Current: Jon K. Parsley, Guymon 25 or more voting members of the OBA within the
Mr. Parsley automatically becomes OBA president Supreme Court Judicial District from which the
Jan. 1, 2009 member of the Board of Governors is to be elected
(One-year term: 2009) that year, shall file with the Executive Director, a
Nominee: Allen M. Smallwood, Tulsa signed petition (which may be in parts) nominating
a candidate for the office of member of the Board of
Vice President Governors for and from such Judicial District, or one
Current: Michael C. Mordy, Ardmore or more County Bar Associations within the Judicial
(One-year term: 2009) District may file a nominating resolution nominating
Nominee: Linda S. Thomas, Bartlesville such a candidate.
Not less than 60 days prior to the Annual Meeting,
BOARD OF GOVERNORS 50 or more voting members of the OBA from any or
Supreme Court Judicial District One all Judicial Districts shall file with the Executive
Current: Brian T. Hermanson, Ponca City Director, a signed petition nominating a candidate to
Craig, Grant, Kay, Nowata, Osage, Ottawa, the office of Member-At-Large on the Board of Gov-
Pawnee, Rogers and Washington counties ernors, or three or more County Bars may file appro-
(Three-year term: 2009-2011) priate resolutions nominating a candidate for this
Nominee: office.
Not less than 60 days before the opening of the
Supreme Court Judicial District Six Annual Meeting, 50 or more voting members of the
Current: Robert S. Farris, Tulsa Association may file with the Executive Director a
Tulsa County signed petition nominating a candidate for the office
(Three-year term: 2009-2011) of President-Elect or Vice President or three or more
Nominee: County Bar Associations may file appropriate
Supreme Court Judicial District Seven resolutions nominating a candidate for the office.
Current: Alan Souter, Bristow See Article II and Article III of OBA Bylaws for
Adair, Cherokee, Creek, Delaware, Mayes, complete information regarding offices, positions,
Muskogee, Okmulgee and Wagoner counties nominations and election procedure.
(Three-year term: 2009-2011)
Nominee: Charles D. Watson Jr., Drumright Vacant positions will be filled at the OBA Annual
LouAnn Moudy, Henryetta Meeting Nov. 19-21. Terms of the present OBA
officers and governors listed will terminate Dec. 31,
Member-At-Large 2008.
Current: Julie E. Bates, Oklahoma City
(Three-year term: 2009-2011)
Nominee: Steven Dobbs, Oklahoma City
1986 The Oklahoma Bar Journal Vol. 79 — No. 23 — 9/13/2008BAR NEWS
OBA Nominating Petitions
(See Article II and Article III of the OBA Bylaws)
OFFICERS BOARD OF GOVERNORS
PRESIDENT-ELECT SUPREME COURT
ALLEN M. SMALLWOOD, TULSA JUDICIAL DISTRICT SEVEN
Petitions have been filed nominating Allen M. CHARLES D. WATSON JR., DRUMRIGHT
Smallwood for election of President-Elect of the Petitions have been filed nominating Charles D.
Board of Governors of the Oklahoma Bar Associa- Watson Jr. for election of the Board of
tion for a one-year term beginning January 1, Governors of the Oklahoma Bar Association
2009. Supreme Court Judicial District 7 for a
A total of 289 signatures appear on the petitions. three-year term beginning January 1, 2009.
County Bar Resolutions Endorsing Nominee:
VICE PRESIDENT Creek County
LINDA S. THOMAS, BARTLESVILLE
Petitions have been filed nominating Linda S. LOUANN MOUDY, HENRYETTA
Thomas for election of Vice President of the Board A Nominating Resolution has been filed nominat-
of Governors of the Oklahoma Bar Association for ing LouAnn Moudy for election to the Board of
a one-year term beginning January 1, 2009. Governors of the Oklahoma Bar Association
A total of 284 signatures appear on the petitions. Supreme Court Judicial District 7 for a three-year
County Bar Resolutions Endorsing Nominee: term beginning January 1, 2009.
Comanche, Payne and Washington County County Bar Resolutions Endorsing Nominee:
Okmulgee County
MEMBER-AT-LARGE
STEVEN DOBBS, OKLAHOMA CITY
Nominating Petitions and Nominating Resolu-
tions have been filed nominating Steven Dobbs
for election to the Board of Governors of the
Oklahoma Bar Association, Member-at-Large
for a three-year term beginning January 1,
2009.
A total of 276 signatures appear on the
petitions.
County Bar Resolutions Endorsing Nominee:
Harmon County
Vol. 79 — No. 23 — 9/13/2008 The Oklahoma Bar Journal 1987COMING SOON!!!
THE OKLAHOMA BAR ASSOCIATION DIVERSITY COMMITTEE PRESENTS:
▪ ▪
HB 1804 Diversity
DURING THE 104TH ANNUAL MEETING IN OKLAHOMA CITY, OK
Registration information will appear in future editions of the Oklahoma Bar Journal.
www.okbar.org Your source for OBA news.
At Home At Work And on the Go
1988 The Oklahoma Bar Journal Vol. 79 — No. 23 — 9/13/2008SECTION NOTE
Taxation Law Section
2008 Oklahoma Tax Legislation
By Sheppard F. Miers Jr.
Legislation enacted in the 2008 session of the Aerospace Industry Tax Credits
Oklahoma Legislature included the changes
An aerospace sector employer can be allowed
summarized below, which are some of the new
a nonrefundable credit equal to 50 percent of
Oklahoma state laws on taxation.
tuition reimbursed to a qualified employee for
INCOME TAX the first through fourth years of employment;
and a nonrefundable credit equal to 10 percent
Individual Rate Reduction; State Board of compensation paid to a qualified employee
of Equalization Procedures for the first through fifth years of employment
The procedures, method and timing of reve- to an employee who graduated from an Okla-
nue determinations to be made by the State homa institution or 5 percent of compensation
Board of Equalization related to implementing paid for the first through fifth years of employ-
decreases in the top marginal rate of individual ment to an employee who graduated from an
income tax to 5.25 percent in 2009 and institution outside the state. A qualified
subsequent tax years are modified. SB 15ll, §13; employee may claim a nonrefundable personal
amending 68 O.S. Supp. 2007, §2355.1A; income tax credit of up to $5,000 per year for
effective June 4, 2008. no longer than five years. Any credit claimed
but not used may be carried over to each of the
Captive Real Estate Investment Trust Rents and five subsequent taxable years. A qualified
Interest Add Back employee is an individual awarded an under-
For purposes of computing Oklahoma tax- graduate or graduate degree from a program
able income, a taxpayer shall add back other- accredited by designated engineering and tech-
wise deductible rents and interest expenses to nology review organizations. HB 3239, §§1-4;
a captive real estate investment trust (REIT), as adding 68 OS. Supp. 2008, §§2357.301-2357.304;
defined in Internal Revenue Code section 856. effective Jan.1, 2009.
SB 2034, §3; amending 68 O.S. Supp. 2007, Clean-Burning Fuel and Electric Motor Vehicle
§2358; effective Jan. 1, 2008. Property Credit
Federal Depreciation Add Back The Oklahoma income tax credit for invest-
For income tax returns filed by corporations ments in qualified clean-burning motor vehicle
and fiduciaries after Dec. 31, 2007, federal tax- fuel property and qualified electric motor vehi-
able income shall be increased by 80 percent of cle property is extended to be effective for tax
any amount of bonus depreciation deducted years beginning before Jan. 1, 2010. SB 1558,
under Internal Revenue Code section 168(k) §1; amending 68 O.S. Supp. 2007, §2357.22;
pursuant to the federal Economic Stimulus Act effective Jan. 1, 2009.
of 2008, for assets placed in service after Dec. Historic Hotel, Newspaper Plant
31, 2007, and before Jan. 1, 2009. SB 2034, §2, or Structure Credit
amending 68 O.S. Supp. 2007, §2358.6: effective
June 3, 2008. The income tax credit for historic properties
is amended to change requirements and report-
ing for transfers of allowable credits, and the
liability for reduction of credits by adjustment
of the IRS or Tax Commission. SB 1956, §4;
Vol. 79 — No. 23 — 9/13/2008 The Oklahoma Bar Journal 1989amending 68 O.S. Supp. 2007, §2357.41; Exemption; Sales of Food; Medical
effective Jan. 1, 2009. Scholarship Organizations
Railroad Reconstruction and Replacement Credit A sales tax exemption is allowed for sales of
food and snack items to or by a section 501(c)(3)
The income tax credit allowed for qualified exempt organization whose primary purpose
railroad reconstruction and replacement expen- is providing funding for scholarships in the
ditures is amended to provide that the limita- medical field. HB 1387, §2; amending 68 O.S.
tion on an allowable credit (50 percent of Supp. 2007, §1356; effective July 1, 2009.
qualifying expenditures) calculated by multi-
plying a dollar amount ($2,000) by the number Exemption; Sales to Hospice Facilities
of miles of railroad track owned or leased in
A sales tax exemption is allowed for sales of
the state shall be subject to a taxpayer election
tangible personal property or services for use
in 2009 and later years. The election would
solely on construction projects for section
allow the taxpayer to increase the credit limita-
501(c)(3) exempt organizations for hospice
tion three times, subject to the taxpayer claim-
facilities providing care for low-income indi-
ing only one-third of the credit in any one tax-
viduals. HB 1387, §2; amending 68 O.S. Supp.
able period, and a taxpayer electing to so
2007, §1356; effective July 1, 2009.
increase the limitation shall not be granted
additional credits during the period of such Exemption; Events Supporting Hospitals
election. SB 1799, §1; amending 68 O.S. Supp.
A sales tax exemption is allowed for sales of
2007, §2357.104; effective Nov. 1, 2008.
tickets and admissions to events held by sec-
Biodiesel Facility Credit tion 501(c)(3) exempt organizations that sup-
port general hospitals licensed by the State
The income tax credit for investment in
Department of Health. HB 1387, §2; amending
biodiesel facilities is amended to provide that if
68 O.S. Supp. 2007, §1356; effective July 1,
the credit exceeds the amount of income taxes
2009.
due, the unused credit may be carried forward
as a credit against subsequent income tax Exemption; NRA Supporting Foundation
liability for a period not exceeding five years.
A sales tax exemption is allowed for sales of
SB 1956, §5; amending 68 O.S. Supp. 2007,
tangible personal property to a section 501(c)(3)
§2357.67; effective July 1, 2009.
exempt foundation which raises tax-deductible
Oklahoma Tourism Development Act contributions in support of a wide range of
firearms-related public interest activities of the
The Oklahoma Tourism Development Act
National Rifle Association of America and
providing for income and sales tax credits for
other organizations that defend and foster the
approved companies entering into a tourism
Second Amendment, and to or by a grassroots
project agreement is amended to apply to digi-
funding program for sales related to events to
tal media facility project agreements and to
raise funds for such a foundation. HB 1387, §2;
modify qualifying cost amounts. SB 1956,
amending 68 O.S. Supp. 2007, §1356; effective
§§8-13; amending 68 O.S. Supp. 2007, §2357.
July 1, 2009.
35-2357.40; effective July 1, 2009.
Exemption; Railroad Rolling Stock Sales
SALES AND USE TAX
A sales tax exemption is allowed for sales
Exemption; Sales to School Foundations
before July 1, 2014, of rolling stock (locomo-
A sales tax exemption is allowed for sales of tives, autocars and railroad cars) sold or leased
tangible personal property made before July 1, by the manufacturer, regardless of whether the
2014, by or to nonprofit local public or private purchaser is a public services corporation and
school foundations which solicit money or common carrier of property or passengers by
property in the name of any public or private railway, for use or consumption by a common
school or public school district. SB 1956, §2; carrier directly in the rendition of public
amending 68 O.S. Supp. 2007, §1356; effective service. SB 1956, §3; amending 68 O.S. Supp.
July 1, 2009. 2007, §1357; effective July 1, 2009.
1990 The Oklahoma Bar Journal Vol. 79 — No. 23 — 9/13/2008You can also read
