Monday, April 2, to Friday, April 6, 2018

Monday, April 2, 2018

 

• The Senate met Monday afternoon, passing one bill and approving several executive nominations during its regular floor session, including:

-HB 2775, by Rep. Mike Osburn and Sen. Adam Pugh, sets the interest rate for proceeds from an oil and gas lease not paid due to unmarketable title at the prime interest rate reported in the Wall Street Journal. It allows a lease holder of proceeds, when they have not been provided an affidavit of death and heirship, to elect to interplead the proceeds and all accrued interest into court for a determination as to who entitled to them. It passed 46-0.

-The executive nominations of:

o David F. Aboud, Edmond, to the Oklahoma Securities Commission, to serve an unexpired term ending July 27, 2023, succeeding Thompson S. Phillips, Jr.

o Suzanne M. Barnes, Edmond, to the Commission on Consumer Credit, to serve a five-year term ending January 1, 2023, succeeding herself.

o Darryl G. Baskin, Tulsa, to the Committee of Home Inspector Examiners, to serve a three-year term ending June 30, 2021, succeeding himself.

o Nevyle R. Cable, Okmulgee, to the Oklahoma Lottery Commission-Board of Trustees, to serve a five-year term ending January 1, 2023, succeeding himself.

o Jarold Callahan, Edmond, to the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges, to serve an eight-year term ending April 4, 2026, succeeding himself.

o Catherine M. Christensen, Oklahoma City, to the Oklahoma Board of Licensed Alcohol and Drug Counselors, to serve a five-year term ending July 1, 2023, succeeding herself.

o F. Thomas Cordell, Edmond, to the Board of Regents of the University of Science and Arts of Oklahoma, to serve an unexpired term ending June 30, 2022, succeeding G. T. Bynum.

o Gregory E. Elliott, Ardmore, to the Air Quality Advisory Council, to serve an unexpired term ending June 15, 2019, succeeding David H. Gamble.

o Phredd J. Evans, Jones, to the Commission for Educational Quality and Accountability, to serve an unexpired term ending June 30, 2019, succeeding Johnnie Parks.
o Amy A. Ford, Durant, to the Regional University System of Oklahoma, to serve a nine-year term ending June 10, 2027, succeeding herself.

o David T. Greenwell, Oklahoma City, to the Oklahoma Accountancy Board, to serve a five-year term ending June 30, 2023, succeeding himself.

o Eric J. Holquin, Ardmore, to the Board of Trustees for the University Center of Southern Oklahoma, to serve a nine-year term ending June 30, 2027, succeeding himself.

o Mark W. Kelly, Oklahoma City, to the Oklahoma State Credit Union Board, to serve a four-year term ending October 1, 2022, succeeding himself.

o Dr. Joe L. Leverett, Altus, to the Physician Manpower Training Commission, to serve a five-year term ending June 5, 2023, succeeding himself.

o Jay "Pat" McGlamery, Porum, to the Committee of Home Inspector Examiners, to serve a three-year term ending June 30, 2021, succeeding himself.

o Mary Melon, Oklahoma City, to the Oklahoma Educational Television Authority, to serve an unexpired term ending June 30, 2021, succeeding Denise Castelli.

o Dr. Mylo J. Miller, Midwest City, to the Commission for Educational Quality and Accountability, to serve an unexpired term ending June 30, 2019, succeeding Kent Shellenberger.

o James O. Spoon, Sand Springs, to the Board of Pharmacy, to serve a five-year term ending June 30, 2022, succeeding himself.

o Jack L. "Jackie" Werner, Oklahoma City, to the Oklahoma Board of Private Vocational Schools, to serve a six-year term ending July 1, 2024, succeeding himself.

o John P. Zelbst, Lawton, to the Oklahoma Wildlife Conservation Commission, to serve an eight-year term ending July 1, 2026, succeeding himself.

o Mark E. Reed, Cleveland, was confirmed to the Committee of Home Inspector Examiners, to serve a three-year term ending June 30, 2021, succeeding himself.

• The Senate Retirement and Insurance Committee moved several bills through on Monday, including:

-HB 1152, by Rep. Josh Cockroft and Sen. Anthony Sykes, allows the Insurance Commissioner to contract with a statewide association of county sheriffs to serve as the Plan Administrator for the Oklahoma Temporary Motorist Liability Plan.

-HB 2515, by Rep. Randy McDaniel and Sen. Marty Quinn, modifies statutory references related to forfeiture of retirement benefits as established in the Oklahoma Police Pension and Retirement System. It requires all benefits payable from the system, including payments from the deferred option plans, to be paid from the general assets of the fund.

-HB 2516, by Rep. Randy McDaniel and Sen. Adam Pugh, requires employers participating in the Oklahoma Employees Retirement System, on or after Nov. 1, 2012, to make payments with respect to service credit based upon unused sick leave.

-HB 2517, by Rep. Randy McDaniel and Sen. Marty Quinn, requires all benefits payable from the Oklahoma Law Enforcement Retirement System, including payments from the deferred option plans, to be paid from the general assets fund.

-HB 2553, by Rep. Randy McDaniel and Sen. Adam Pugh, allows the board of trustees for the Teachers' Retirement System of Oklahoma to terminate its Tax-Sheltered Annuity Program. It prescribes procedures related to the termination should the board opt to move forward with it. It modifies the method for the determination of disability requirements. It modifies the procedures for annual medical examinations. It modifies the required period of service for the purposes of minimum final average salary computation.

• The Senate Education Committee quickly moved through three bills and two nominations Monday.

-HB 3152, by Rep. Jeff Coody and Sen. Paul Scott, creates the Oklahoma Education Act of 2018. The act allows local school board candidates or board members to be related within the second degree by affinity or consanguinity to any employee of the school district governed by the board if the school district has an ADM of less than 400 and the school board has previously adopted a policy stating such a candidate or board member does not attend or participate in any regular or executive session of the board held to consider any personnel matter or litigation relating to the school district employee. The bill passed 8-5.

-HB 2860, by Rep. Tammy West and Sen. Gary Stanislawski, requires the State Department of Education to include superintendents' total compensation package on the Oklahoma Cost Accounting System. There was a committee substitute to HB2860, which was unanimously

-HB 3592, by Rep. Charles McCall and Sen. Jason Smalley, provides that if a student withdraws from a class in which he or she has received an award from the Oklahoma Higher Learning Access Program, the awarded funds are to remain available for the student to use to enroll in classes for a five-year period. It indicates that if the student does not use the awarded funds during the five-year period, the funds will be available for use for other students in the Oklahoma Higher Learning Access Program. The bill directs the Oklahoma State Regents for Higher Education to promulgate rules. It passed 13-0.

• The House Appropriations and Budget Committee approved the following measures on Monday:

-SB 897, by Sen. Roger Thompson and Rep. Leslie Osborn, broadens the duties of the Incentive Approval Commission by making the committee responsible for determining the eligibility of all applicants for the Oklahoma Quality Jobs Program Act. It repeals language relating to the Saving Quality Jobs Act.

-SB 923, by Sen. Roger Thompson and Rep. Leslie Osborn, modifies the maximum number of employees for a business to participate in the Small Employer Quality Jobs Incentive Act from 90 full-time employees to 500 full-time employees.

-SB 1134, by Sen. A J Griffin and Rep. Leslie Osborn, permits Oklahoma Lottery Commission offices and employees whose duties require participation in investigations conducted to purchase lottery tickets only when part of an official lottery investigation that is approved in advance by the executive director or their designee. The bill prohibits any ticket purchased from being shared or assigned in any manner to an otherwise eligible participant. It also prohibits the officer or employee authorized to purchase a ticket from retaining any prize or winnings that may result from the winning ticket and from having a right to any prize or winnings.

-SB 906, by Sen. Frank Simpson and Rep. Tommy Hardin, with enacting clause stricken, exempts the sale of motor vehicles from the purchase limit for the sales tax exemption for honorably discharged, 100 percent disabled veterans.

-SB 953, by Sen. A J Griffin and Rep. Kevin Wallace, as amended and with its enacting clause and title stricken, reduces the number of years unused tax credits in the program can be carried forward to three years from five years beginning Jan. 1, 2019.

-SB 1166, by Sen. Kim David and Rep. Kevin Wallace, reauthorizes the donation of the income tax checkoff within the Income Tax Checkoff Revolving Fund for Court Appointed Special Advocates.

-SB 1171, by Sen. Darcy Jech and Rep. Harold Wright, creates the Work-based Learning Program. It grants the Governor's Council on Workforce and Economic Development shall have authority over the program. It requires the Governor's Council to initiate and coordinate the program by establishing partnerships with the State Department of Education, the State Regents for Higher Education, the State Department of Career and Technology Education, and business entities throughout the state. Any established office of workforce development. It requires the council to have the official duty to develop and maintain a work-based learning program within its jurisdiction to be focused on increasing the number of registered apprenticeships and internship programs in this state to at least an aggregate of 20,000 positions by the end of the calendar year 2020. It requires the Program to continue to support and encourage all state agencies, boards and commissions in their participation and establishment of appropriate apprenticeships and internships within their respective agency, board or commission

-SB1526, by Sen. Roger Thompson and Rep. Carl Newton, increases the renewal fee for a chiropractic license from $225 to $275.

• The House met on Monday and approved the following bills:

-SB 1005, by Sen. A J Griffin and Rep. Chris Kannady, establishes a new sodomy felony for sodomy committed upon a person who is at least 16 but less than 18 years of age by a person responsible for the child's health, safety or welfare, including, but not limited to a parent, legal guardian, custodian, foster parent, a person eighteen 18 years of age or older with whom the child's parent cohabitates, any other adult residing in the home of the child, an agent or employee of a public or private residential home, institution, facility or day treatment program or an owner, operator or employee of a child care facility. It also creates a new rape felony for a rape committed upon a person who is at least 16 but less than 18 years of age by a person responsible for the child's health, safety or welfare, including, but not limited to a parent, legal guardian, custodian, foster parent, a person eighteen 18 years of age or older with whom the child's parent cohabitates, any other adult residing in the home of the child, an agent or employee of a public or private residential home, institution, facility or day treatment program or an owner, operator or employee of a child care facility. It makes it a felony to, in a lewd and lascivious manner, force or require a child to defecate or urinate upon the body or private parts of another, or for the purpose of sexual gratification. It establishes certain penalties. It defines the rights of human trafficking victims in protective custody, establishes circumstances for a minor to be taken into emergency and/or protective custody, prohibits delinquency proceedings or proceedings under certain circumstances. The bill passed 92-1.

-SB 1078, by Sen. A J Griffin and Rep. Tim Downing, adds Fentanyl and its analogs and derivatives to the list of substances to which provisions of the Trafficking in Illegal Drugs Act apply. It provides a person found guilty of trafficking a one gram or more mixture containing fentanyl or carfentanil, or any fentanyl analogs or derivatives will be punished by a fine not less than $100,000 and not more than $500,000. The bill passed 86-0.

 

• The House Appropriations Subcommittee on Education quickly advanced three bills Monday:

-SB 1015, by Sen. Gary Stanislawski and Rep. Chad Caldwell, removes references in the State
Aid Formula to the Salary Incentive Aid and the Transportation Supplement. The bill also removes references to transportation supplement data. It amends the calculation of weighted membership.

-SB 1198, by Sen. Gary Stanislawski and Rep. Tammy West, modifies the weight assigned to each grade level in the calculation of Foundation Aid.

-SB 1398, by Sen. Stephanie Bice and Rep. Elise Hall, authorizes the use of school district building funds to be used for district operations.

Tuesday, April 3, 2018

• The House Public Health Committee approved the following legislation:

-CS for SB 1353, by Sen. Ervin Yen and Rep. Jason Dunnington, establishes a new license and process for provisionally licensed physicians. It authorizes the Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners are to establish rules for licensure, including renewal procedures, supervision, collaborative practice arrangements, fees and addressing other matters as necessary to protect the public and discipline the profession. It authorizes physicians to enter into collaborative practice arrangements with provisionally licensed physicians who will be responsible always for the oversight of the activities of and accept responsibility for primary care services rendered by the provisionally licensed physician. It requires the content of a written collaborative practice arrangement and prohibits a physician from entering into an arrangement with more than three full-time equivalent provisionally licensed physicians. The committee substitute stipulates the provisions apply exclusively to Oklahoma medical school graduates.

-SB 940, by Sen. Rob Standridge and Rep. Rande Worthen, adds N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide; N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butenamide; N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-furancarboxamide; N-phenyl-1-(2-phenylethyl)-4-piperidinamine; N-(1-phenethylpiperidin-4-yl)-N-phyenylcyclopropranecraboxamide and N-ethylpentylone to the list of Schedule I drugs.

-SB 956, by Sen. A J Griffin and Rep. Chad Caldwell, modifies the definition of the terms "distribute" and "distribution" under the Oklahoma Pharmacy Act to provide the terms do not require taking actual physical possession of a product or title. It also adds "a person who contracts with another to manufacture a product" to the definition of the terms "manufacturer" and "virtual manufacturer." It defines the terms "county jail," "state correctional facility," "unit dose package," and "unit of issue package." It permits pharmacists to dispense prescriptions for non-controlled prescription drugs authorized by an advanced practice nurse or physician assistant, not located in Oklahoma, provided that they are licensed in the state in which they are actively prescribing, and only to dispense prescriptions for controlled dangerous substances when prescribed by an advanced practice nurse or physician assistant licensed in the State of Oklahoma and supervised by an Oklahoma-licensed practitioner.

-SB 1074, by Sen. Greg McCortney and Rep. Josh West, modifies language related to the relating to the Speech-Language Pathology and Audiology Licensing Act. The bill modifies certain definitions. The bill requires anyone not holding credentials for independent practice to hold the designation of assistant and be required to work under supervision. The bill modifies requirements and procedures related to licensure as a speech-language pathologist, an audiologist and a speech-language pathology clinical fellow. The bill clarifies a reference to the American Speech-Language-Hearing Association. The bill modifies language related to board meetings and requires they be held in according with the Open Meeting Act. The bill modifies publication requirements. The bill clarifies language related to fraud or deceit related to a licensee's speech-language pathology or audiology services.

-CS for SB 1281, by Sen. Greg McCortney and Rep. Mike Ritze, authorizes the State Board of Medical Licensure and Supervision to hire a physician as Medical Advisor, rather than appointing the secretary to serve. It removes a requirement that the Advisory Committee meet in order to judge the qualifications of an applicant for a license. It authorizes the board to promulgate rules on specific continuing education requirements for re-registration. It requires a hearing before the board in any case in which a physician disputes allegations made in a complaint, no later than the next regular meeting occurring after 90 days of service of the citation. It provides for a penalty of up to $1,000 and/or a continuing education course in ethics in cases of unintentional misrepresentation of information on a licensure application. It extends the definition of "unprofessional conduct" to include prescribing drugs or treatments in a way that is not safe and medically-accepted. It requires investigators employed by the board to be certified by the Council on Law Enforcement Education and Training, and provides that they have statewide jurisdiction.

-SB 1371, by Sen. Rob Standridge and Rep. Marcus McEntire, adds ensuring that all Oklahoma-licensed pharmacies, inside and outside the state, are in compliance with all laws and regulations governing pharmacy, including but not limited to laws and regulations related to technician-to-pharmacist ratio, and storage requirements for medications until received by the patient to the duties of the State Board of Pharmacy.

-SB 1372, by Sen. Chris Kidd and Rep. Mark Lawson, permits, to the extent allowed under federal law, any provider enrolled in the state Medicaid program to bill the Oklahoma Health Care Authority for Medicaid services performed up to one year after the date the service was performed. It permits the provider to submit a subsequent claim up to one year after the date the original claim if a claim is initially denied provided, the provider may only utilize this provision once per claim.

• Senate Judiciary Committee approved several bills on Tuesday, including:

- HB 2567, by Rep. Ross Ford and Sen. Nathan Dahm, exempts municipal, county or state law enforcement officers certified by the Council on Law Enforcement Education and Training from jury duty.

-HB 2518, by Rep. Pat Ownbey and Sen. Frank Simpson, allows the Board of Nursing to send material to an individual's address of record with the board in any proceeding in which the board is required to serve an order. It requires an applicant for any type of multistate license to submit a criminal background check. It exempts any individual continuously enrolled in the Federal Bureau of Investigation's Rap Back Service since issuance of an initial multistate.

-HB 2993, by Rep. Marcus McEntire and Sen. Anthony Sykes, authorizes the use of specified funds as credit against assessments of the Self-insurance Guaranty Fund and impaired self-insurers. It modifies the sources for the Fund. It provides for the transfer of specified excess proceeds to the Fund and authorizes use as a credit against assessments for the Fund.

-HB 3277, with enacting clause stricken, by Rep. Chris Kannady and Sen. Anthony Sykes, modifies statutory language in the Administrative Workers' Compensation Act.

-HB 3281, by Rep. Chris Kannady and Sen. Kim David, prohibits a claimant from being precluded from pursing a subsequent action for the payment of rent or any other monetary relief if the court only renders a judgment for restoration of possession of the premise as it relates to forcible entry.

-HB 3283, by Rep. Chris Kannady and Sen. John Sparks, directs the Department of Mental Health and Substance Abuse Services to provide competency restoration services for defendants not competent because he or she is a person requiring treatment.

• The Senate approved the following measures on Tuesday:

-HB 3300, by Rep. Harold Wright and Sen. A J Griffin creates the Breanne Bell Act and directs the Department of Human Services to develop and disseminate a form to all providers of group home services that will be signed by each direct care staff member working with residents notifying the staff member of the criminal penalties for having a sexual relationship with a person in their care. The bill also requires the Department of Human Services to develop and disseminate a form to all providers of residential or vocational and employment services for incapacitated persons or vulnerable adults which will be signed by each caretaker working with incapacitated persons or vulnerable adults notifying the caretaker of the criminal penalties for having a sexual relationship with a person in their care. The measure passed 41-0 and now goes to Gov. Mary Fallin for her consideration

-HB 1560, by Rep. Avery Frix and Sen. A J Griffin, allows the Commissioner of Public Safety or an authorized representative of the Commissioner in consultation with the Department of Transportation while specifying the highways to be used, consistent with public convenience and safety to issue special permits for vehicles and loads exceeding 13-and-a-half feet in height. The bill passed 40-0 and goes to the governor.

-HB 2082, by Rep. John Jordan and Sen. Adam Pugh, requires the general election of members of the board of education of every school district and technology center school district be conducted on the first Tuesday of April of each year. It requires that if only two or more than two candidates qualify to have their names appear on the ballot, they will all appear on the ballot at the board of education general election. The bill passed 36-5 and also goes to the governor.

-HB 3584, by Rep. Charles McCall and Sen. Mike Schulz, requires at least two members of the Board of Health to possess at least five years of experience in a medical business. The bill passed 40-0 and goes to the governor.

• The House met on Tuesday, and approved the following measures:

-SB 1186, by Sen. Larry Boggs and Rep. Kyle Hilbert, renames the Eastern Red Cedar Registry Board the Red Cedar Management Act and clarifies statutory language throughout. The bill requires the Department of Agriculture, Food and Forestry to create a directory instead of a registry. The bill eliminates the Eastern Red Cedar Registry Board and registry. It changes the name of the Eastern Red Cedar Revolving Fund into the Eastern Red Cedar Revolving Fund. It repeals language related to the Eastern Red Cedar Registry Board, and support for the Eastern Red Cedar Registry Board from the Department of Agriculture, Food, and Forestry. The bill passed 96-0 and now goes to Gov. Mary Fallin for her consideration.

-HJR 1032, by Rep. Mike Ritze, commends Project31 for its important work with those diagnosed with breast cancer.

• Gov. Mary Fallin signed the following bills on Tuesday:

-HB 3705, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, appropriates $2.9 billion to the State Department of Education. The bill requires the State Department of Education to designate adequate amounts for increased compensation for certified personnel as provided in HB1023XX and for increased compensation for support employees as provided in HB1026XX. The bill also designates the use of specific funds. The $2.9 billion funding contained in HB3705 includes $353.5 million for teacher pay; $52 million for support personnel pay; $33 million for textbooks; $17 million for the state aid formula; and $24.7 million for flex health care benefits. The total increase in common education funding for the 2019 fiscal year is $480.2 million.

-HB 1026XX, provides a $1,250 annual increase in pay for school support personnel.

-HB 1024XX provides salary increases to certain state employees based on their FY2018 annual salary in the following amounts: $2,000 for those whose gross annual salary was $40,000 or less; $1,500 for persons whose gross annual salary was greater than $40,000 but less than $50,000; $1,000 for those whose gross annual salary was greater than $50,000 but less than $60,000; and $750 for those with gross annual salaries of $60,000 or more. The bill defines applicable terms.

(HB 3705, HB1024XX and HB1026XX all take effect July 1, the start of the 2019 fiscal year)

-HB 3561, by Rep. Charles Ortega and Sen. Mike Schulz, prohibits the construction or operation of a proposed wind energy facility or proposed wind energy facility expansion from encroaching upon or otherwise having a significant adverse impact on the mission, training or operations of any military installation or branch of military. It prohibits any wind energy facility from being constructed or expanded unless an active Determination of No Hazard or an approved mitigation plan is obtained from the Department of Defense Siting Clearinghouse. It requires the determination or mitigation plan be filed with the Corporation Commission. It provides the requirements do not prohibit a wind energy facility or wind energy facility expansion if those facilities or facility expansions that the Corporation Commission to promulgate necessary rules. The amendment requires the owner of a wind energy facility, within 30 days of submitting the notification to the Corporation Commission, to cause a copy of the notification to be submitted to the Oklahoma Strategic Military Planning Commission. It requires the Oklahoma Strategic Military Planning Commission to notify local base commanders upon receipt of the notification. The bill requires the Oklahoma Strategic Military Planning Commission to submit a letter to the Military Aviation and Installation Assurance Siting Clearinghouse outlining potential areas of impact. It requires said letter be filed with the Corporation Commission. The bill has an emergency clause but not effect date, so it took effect immediately upon Fallin's signature.

-HB 1015XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, applies existing exemptions to the motor fuel taxes to the additional taxes imposed by HB1010XX. The bill has neither an emergency clause nor a specific effective date, so it will take effect 90 days after the Legislature adjourns the second special session sine die.

-HB 1016XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, creates the State Health Care Enhancement Fund. The bill takes effect July 1, 2019.

-HB 1018XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, prohibits the Tax Commission from selling cigarette excise tax stamps to any wholesaler in excess of the amount of the monthly average amount of such excise tax stamps sold to such wholesaler during the preceding calendar year. It permits the wholesaler to purchase in excess of the monthly average purchased during the preceding calendar year upon documentation, to the Tax Commission's satisfaction, of probable sales greater than the wholesaler's sales in the preceding calendar year. The bill took effect immediately upon Fallin's signature.

Wednesday, April 4, 2018

• The Senate met Wednesday and welcomed the teachers watching the day’s floor session from the gallery above before approving the following legislation:

-HB 2523, by Rep. Randy McDaniel and Sen. Julie Daniels, modifies the wage requirement for an unemployed individual's base period. It requires wage figures to determine eligibility for benefits once the alternative base period wages are determined. It deletes an exemption related to educational institutions. It adds exemptions for educational service contractors. It modifies exemptions and alters disqualification to receive benefits. It requires claim notices to contain an admonition that failure to respond to the notice could affect an employer's tax rate. It requires all court orders, garnishments, income assignments, levies, attachments or other legal process issued to collect child support through a deduction from unemployment benefits to be served on the appropriate state or local child support enforcement agency. It requires said document to be forwarded to the appropriate state or local child support enforcement agency if this type of document is served on the Oklahoma Employment Security Commission. It prohibits service of process of said document from being deemed complete until the document in question is received by that office. It requires the disclosure of social security numbers to the Oklahoma Employment Security Commission. The bill passed 42-0.

-HB 2592, by Rep. Ross Ford and Sen. Nathan Dahm, expands the scope of information of registered voter information the Secretary of the State Election Board is authorized to keep confidential to include the residences and mailing addresses of the immediate family of law enforcement personnel. It limits immediate family to those that live in the same household as a law enforcement officer. The bill passed 39-3.

-HB 2827, by Rep. Jon Echols and Sen. Nathan Dahm, modifies procedures for ballot titles of referendums and initiative petitions. It requires the Secretary of State, if no appeal is filed, to send to the Secretary of the State Election Board a copy of the measure and official ballot title that requirements have been met, within 10 business days upon completion and review by the Attorney General. The bill passed 34-9.

-HB 2921, by Rep. Avery Frix and Sen. Dewayne Pemberton, requires the Transportation Commission to submit a waiver request to the Federal Highway Administration of the U.S. Department of Transportation seeking exception from any federal regulation preventing the sale of land owned by the commission and deemed surplus for 10 years or more for less than fair market value. The bill passed 42-0.

-HB 2935, by Rep. Glen Mulready and Sen. Julie Daniels, defines the term "electrical work" to mean work consisting primarily of the layout, installation, maintenance, repair, testing or replacement of all or part of electrical wires, conduits, apparatus, fixtures, appliances or equipment for transmitting, carrying, controlling or using electricity in, on, outside or attached to a building, structure, property or premises but not including work that is related to or facilitates the construction, installation or maintenance of all or part of an electrical system, but which does not involve actual work with any of the electrical components listed. The bill provides nod more than three apprentice electricians will work under the supervision of a single journeyman or contractor. The bill passed 33-6.

-HB 2959, by Rep. Todd Thomsen and Sen. Marty Quinn, repeals language related to 10-year assessments of electric power and energy requirements. The bill passed 41-0.

• The House approved a single bill on Wednesday evening following several hours of debate:

-HB 1019XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, requires any online remote seller, marketplace facilitator or referrer with aggregate sales in the state to remit sales tax and report to Tax Commission. The bill apportions up to $19.6 million of the revenue in FY2019 to the Education Reform Revolving Fund and up to $20.5 million in FY2020 and each fiscal year thereafter. The bill and its emergency clause passed 92-7.

Thursday, April 5, 2018

• The Senate passed six bills and adopted one resolution in a quiet regular session floor session. There were few questions and no debate on any of the bills on the agenda and all won the chamber's approval. The bills include:

-HB 2516, by Rep. Randy McDaniel and Sen. Adam Pugh, requires employers participating in the Oklahoma Employees Retirement System, on or after Nov. 1, 2012, to make payments with respect to service credit based upon unused sick leave. The bill passed 43-0.

-HB 2553, by Rep. Randy McDaniel and Sen. Adam Pugh, allows the board of trustees for the Teachers' Retirement System of Oklahoma to terminate its Tax-Sheltered Annuity Program. It prescribes procedures related to the termination should the board opt to move forward with it. It modifies the method for the determination of disability requirements. It modifies the procedures for annual medical examinations. It modifies the required period of service for the purposes of minimum final average salary computation. The bill passed 43-0.

-HB 2950, by Rep. Carol Bush and Sen. Jason Smalley, requires government issued identification provided under the Oklahoma Scrap Metal Dealers Act be issued by the United States government, State of Oklahoma, or any other state of the United States. The bill modifies online reporting methods. The bill alters the resolution requirement for digital images. It makes it unlawful for a person to sell or purchase copper wire that is four-gauge or larger in size. The bill creates exceptions and a method of verifying the exceptions. The bill passed 29-15.

-HB 3222, by Rep. Jadine Nollan and Sen. Ron Sharp, repeals language related to a school rewards program for monetary prizes based on obsolete academic performance data measures. The bill passed 44-0.

-HB 3536, by Rep. Chad Caldwell and Sen. Greg McCortney, adds water-metering devices that increase efficiency or accuracy of water measurement and energy reduction under the measure of energy conservation measures. The bill passed 39-5.

-HB 3576, by Rep. Ryan Martinez and Sen. Adam Pugh, creates the Oklahoma State Safety Oversight Program and requires oversight for the program be provided by the Oklahoma Department of Transportation. It directs the Department to develop and enforce the Oklahoma State Safety Oversight Program standards for all private and public rail fixed guide way public transportation systems statewide that are not administered by the federal Railroad Administration. It gives the Department the complete authority to implement, enforce and oversee the Oklahoma State Safety Oversight Program. It authorizes ODOT to apply for, receive and expend federal State Safety Oversight Program funds in strict accordance with applicable state and federal law, rules and regulations. The bill and its emergency clause passed 35-10.

The Senate also adopted SR 25, by Sen. Mike Schulz, congratulating Sen. Ron Sharp on his induction into the Oklahoma Tennis Coaches' Hall of Fame.

• The Senate Energy Committee gave a do pass recommendation Thursday to one bill and approved a series of executive nominations.

-HB3407, by Rep. Weldon Watson and Sen. Mark Allen, modifies the definition of "excavate" as it relates to the Oklahoma Underground Facilities Damage Prevention Act.

• The following executive nominations also were approved:

-Perry Mark Barton, Collinsville, to the Environmental Quality Board, to serve a five-year term ending January 31, 2023, succeeding John Wendling.

-Dr. Gerard P. Clancy, Tulsa, to the Oklahoma Science and Technology Research and Development Board, to serve a four-year term ending June 30, 2022, succeeding himself.

-Carly Cordell, Enid, to the Arkansas-Oklahoma Arkansas River Compact Commission, to serve an unexpired term ending September 1, 2020, succeeding R. Tyler Powell.

-David Humphrey, Tulsa, to the Oklahoma Science and Technology Research and Development Board, to serve a four-year term ending June 30, 2022, succeeding himself.

-Tim Munson, Oklahoma City, to the Environmental Quality Board, to serve a five-year term ending January 31, 2023, succeeding himself.

-Matthew Newman, Tulsa, to the Oklahoma Science and Technology Research and Development Board, to serve a four-year term ending June 30, 2022, succeeding himself.

-Scott Thompson, Oklahoma City, to the Arkansas-Oklahoma Arkansas River Compact Commission, to serve a four-year term ending January 1, 2022, succeeding himself.

• The House approved two bills on Thursday as follows:

-SB 937, by Sen. Robert Standridge and Rep. Rande Worthen, adds tribal law enforcement entities to the list of entities authorized at the discretion of the director of the Bureau of Narcotics and Dangerous Drugs to access information the central prescription drug repository. It passed on a vote of 86-0.

-SB 939, by Sen. Robert Standridge and Rep. Rande Worthen, adds the salts, isomers, and salts of isomers of Methylphenidate to the list of Schedule II drugs. It passed, 89-0.

• Sen. Jason Smalley resigned Wednesday as chair of the Senate Appropriations Subcommittee on Education, citing his “views opinions, and needs do not line up with the views of either the (Senate Republican) Caucus or leadership."

Schulz appointed Smalley chair of the education subcommittee in 2016, prior to the start of the 56th Legislature in 2017. Smalley suggested Sen. Tom Dugger, R-Stillwater, or Sen. Dewayne Pemberton, R-Muskogee, as possible successors. Sen. Gary Stanislawski, R-Tulsa, currently serves as vice chair of the subcommittee. He also chairs the Senate Education Committee.

Friday, April 6, 2018

• The Senate met Friday and approved the following bills:

-HB 1012XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, repeals language in HB1010XX creating the Oklahoma Occupancy Tax Act, which imposes a $5 per room per night tax on hotel rooms. The measure was approved 42-3.

-HB 1019XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David requires any online remote seller, marketplace facilitator or referrer with aggregate sales in the state to remit sales tax and report to Tax Commission. The bill apportions up to $19.6 million of the revenue in FY2019 to the Education Reform Revolving Fund and up to $20.5 million in FY2020 and each fiscal year thereafter. The measure was approved 42-2.

-HB 3375, by Rep. Kevin Wallace and Sen. Greg McCortney, allows for house-banked table games involving dice or roulette wheels and includes modifications to the Model Tribal Gaming Compact. The measure passed 29-16.

 

Other News

• Teachers, students and other education supporters from around the state descended on the Capitol this week, with crowds reaching nearly 30,000 at peak times. Rallies, protests and marches echoed around the Capitol, as teachers met with lawmakers to discuss public education funding. Outside the building, supporters marched with signs advocating for additional education funding, while speakers addressed the crowd.

Galleries were full in the Senate and House throughout the week, with some filling to capacity hours before floor proceedings were scheduled to begin. At times, the Capitol was closed by order of the fire marshal when capacity was met and access between floors was temporarily restricted. If the teacher walkout continues on state testing dates, which start next week, many districts across the state have prepared alternative testing schedules allowing students to be tested by administrators and volunteers.

• Gov. Mary Fallin named District Judge Richard Darby to Serve as Oklahoma Supreme Court Justice this week. Darby, a judge for more than 30 years, succeeds former Justice Joseph Watt, who retired from the bench last year. Darby, of Altus, has served since 1994 as district judge for the 3rd Judicial District, which includes Jackson, Kiowa, Tillman, Greer and Harmon counties. Prior to that, he served as a special judge and an associate district judge for Jackson County. His duties as district judge include presiding over civil and criminal cases, assigning cases to six other judges in the district, and managing a staff of one secretary, bailiff and five court reporters.

Fallin selected Darby from three applicants submitted by the Oklahoma Judicial Nominating Commission. Applicants had to be 30 or older, and a practicing attorney or judge for at least five years. Darby is a lifelong resident of southwest Oklahoma, and will represent the 9th district on the Supreme Court. The 9th Judicial District covers Harmon, Greer, Jackson, Kiowa, Tillman, Cotton, Comanche, Caddo and Canadian counties. Darby earned his bachelor’s degree in political science from Southwestern Oklahoma State University and his juris doctorate from the University of Oklahoma’s College of Law. Darby has been married for 36 years to Dana Darby, Ph.D., who is superintendent of Altus Christian Academy. They have two sons, Ben, a communications officer for the Oklahoma Highway Patrol, and Jon, a student at Universal Technical Institute in Irving, Texas.