Monday, April 30 to Thursday, May 3, 2018

Monday, April 30, 2018

• The Senate Veterans and Military Affairs Commission approved an appointment on Monday to the Oklahoma Veterans Commission. The nomination of Gaylord Z. Thomas, of Guthrie, received a do pass recommendation from the committee. Thomas will serve an unexpired term ending July 1, 2019, succeeding Gerald Shepherd. The nomination was carried by Sen. A.J. Griffin, R-Guthrie. The nomination now goes to the full Senate for its consideration.

• Senate JCAB met Monday afternoon and approved the following legislation:

-CS for SB 1590, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, authorizes the Oklahoma Capitol Improvement Authority to issue $116.5 million in bonds for the Department of Corrections to finance maintenance, repairs, equipment, and improvements of existing correctional facilities.

-CS for SB 1585, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, creates several income tax credits designed to incentivize qualified employers and employees in the vehicle manufacturing industry. It limits the credits to vehicle manufacturing companies placed in operation in Oklahoma after the effective date of the act and engineers employed by such firms. It provides specifics for the tax credits as well as qualifiers. It sets caps for the tax credits.

-CS for HB 3711, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, creates a vintage vehicle title for motor vehicles for which no Oklahoma certificate of title exists in the records of the Oklahoma Tax Commission prior to January 1, 1980. It establishes a fee for each vintage vehicle title issued set at $250. It requires the registrant, upon issuance of a vintage vehicle certificate of tile, to pay any applicable motor vehicle excise tax and sales tax on the vehicle.

• Two executive nominations for the State Board of Health were approved Monday by the Senate Health and Human Services Committee.

-Ronald D. Osterhout, would serve an unexpired term ending June 30, 2025. He succeeds Cristina Hart Wolfe should his nomination receive final approval from the full Senate. Pro Tempore Mike Schulz carried Osterhout's nomination.

-Charles Skilling, is set to serve a nine-year term ending June 30, 2027, succeeding Robert Scott Stewart. His nomination was carried by Sen. Ron Sharp, R-Shawnee.

• Other executive nominations are as follows:

-Dr. Wayne E. Berryhill, Norman, to the Board of Examiners for Speech-Language Pathology and Audiology, to serve a three-year term ending August 17, 2021 succeeding Dr. Christopher Goff.

-Gail L. Box to the Board of Mental Health and Substance Abuse Services, to serve a seven-year term ending December 31, 2025 succeeding Bruce T. Fisher.

-Steve Cox to the Oklahoma State Board of Examiners for Long-Term Care Administrators, to serve a three-year term ending October 31, 2020 succeeding W. Brett Coble.

-Mautra S. Jones to the Board of Juvenile Affairs, to serve an unexpired term ending July 1, 2021 succeeding Scott Williams.

-Rita J. Maxwell to the Oklahoma Board of Licensed Alcohol and Drug Counselors, to serve a five-year term ending July 1, 2023 succeeding Holli R. Witherington.

-Jason Nelson to the Board of Juvenile Affairs, to serve a four-year term ending July 1, 2022 succeeding himself.

-Pamela Pollard to the State Board of Behavioral Health Licensure, to serve an unexpired term ending October 31, 2019 succeeding Janice Hiner. Pollard also serves as chairman of the Oklahoma Republican Party.

-Ronna Vanderslice to the Board of Mental Health and Substance Abuse Services, to serve a seven-year term ending December 31, 2025 succeeding herself.

-Sharolyn Wallace to the State Board of Licensed Social Workers, to serve a five-year term ending July 1, 2023 succeeding herself.

-Nisha L. Wilson, Choctaw, to the State Board of Behavioral Health Licensure, to serve a three-year term ending October 31, 2019 succeeding herself.

All of the nominations approved by the committee Monday will move to the Senate floor for final approval.

• The Senate Education Committee approved 18 executive nominations on Monday morning, four of which were taken up under other business. Each was approved unanimously.

-Samuel L. Barrick, Burneyville, was sponsored by Sen. Frank Simpson, to the Board of Regents of Murray State College, to serve a seven-year term ending June 1, 2025, succeeding Kay K. Helms.

-Clayton I. Bennett, Oklahoma City, was sponsored by Sen. Ervin Yen, to the Board of Regents of the University of Oklahoma, to serve an unexpired term ending March 21, 2019, succeeding Kirk Humphreys.

-Mary Brewster, Marietta, sponsored by Sen. Frank Simpson, to the Board of Regents of Murray State College, to serve a seven-year term ending June 1, 2024, succeeding Peggy Shaffer.

-Susan M. Givens, Mangum, sponsored by Sen. Mike Schulz, to the Board of Regents of Western Oklahoma State College, to serve a seven-year term ending March 24, 2025, succeeding Cynthia Clayton.

-Reese Cody Inman, Tulsa, sponsored by Sen. Gary Stanislawski, to the Oklahoma Educational Television Authority, to serve a seven-year term ending June 30, 2025, succeeding himself.

-Karen E. Lenaburg, Tecumseh, sponsored by Sen. Jason Smalley, to the State Textbook Committee, to serve a three-year term ending March 1, 2020, succeeding Cherity Pennington.

-Brian D. Lott, McAlester, sponsored by Sen. Larry Boggs, to the Board of Regents of Eastern Oklahoma State College, to serve a seven-year term ending June 1, 2025, succeeding himself.

-Thomas S. Northrip, Jr., sponsored by Sen. Mike Schulz, to the Board of Trustees for Quartz Mountain Arts and Conference Center and Nature Park, to serve a seven-year term ending June 30, 2025, succeeding Deatra J. Huckabay.

-Natalie Shirley, Oklahoma City, sponsored by Sen. Kay Floyd, to the Board of Regents of the University of Oklahoma, to serve a seven-year term ending March 21, 2025, succeeding Clayton I. Bennett.

-James R. Stallings, Enid, sponsored by Sen. Roland Pederson, to the State Board of Career and Technology Education, to serve a six-year term ending April 1, 2024, succeeding Marilyn Harrel.

-Regina Turrentine, Ardmore, sponsored by Sen. Frank Simpson, to the Oklahoma Arts Council, to serve a three-year term ending July 1, 2021, succeeding herself.

-R. Scott Vaughn, Tulsa, sponsored by Sen. Dave Rader, to the Board of Trustees for Oklahoma State University/Tulsa, to serve a seven-year term ending June 30, 2025, succeeding Ed Keller.

-Stacy L. Willard, Midwest City, sponsored by Sen. Jack Fry, to the Board of Regents for Rose State College, to serve a seven-year term ending July 1, 2025, succeeding Russell D. Smith.

-Lavon Aaron Williams, Poteau, sponsored by Sen. Mark Allen, to the Board of Regents for Carl Albert State College, to serve a seven-year term ending July 1, 2025, succeeding himself.

• Four nominations were considered as part of the committees other business:

-Shannon L. Brady, Healdton, sponsored by Sen. Frank Simpson, to the State Textbook Committee, to serve a three-year term ending March 1, 2020, succeeding Libby Smith.

-Stephanie Harper, Kingfisher, sponsored by Sen. Darcy Jech, to the State Textbook Committee, to serve a three-year term ending March 1, 2020, succeeding Patricia J. Hamilton.

-Latt Jeffrey, Wilburton, sponsored by Sen. Larry Boggs, to the Board of Regents of Eastern Oklahoma State College, to serve a seven-year term ending June 1, 2024, succeeding Crail McNutt.

-Tina Parkhill, Jenks, sponsored by Sen. Allison Ikley-Freeman, to the Board of Trustees for Oklahoma State University/ Tulsa, to serve two-year term ending June 30, 2020, succeeding Robyn Ewing.

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

-JCR for HB 3707, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David requires the Department of Mental Health and Substance Abuse Services to use $2 million, along with any increase in federal funding related to an increase in the Federal Medical Assistance Percentage (FMAP) match rate, to restore psychiatric inpatient, substance abuse residential, psychologist and agency-based therapy provider rates by 3.0 percent. It requires $4 million appropriated to the department be used for needs assessments. It establishes requirements for the transfer of funds. The bill passed 94-0, as did the emergency.

-HB 3708, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, requires the Department of Human Services to use $4,620,000 to restore adoption subsidy payments and foster care rates to 2017 levels, $960,000 toward increased salaries of Child Welfare Specialists as obligated by the Pinnacle Plan. It directs $2 million toward providing services for persons in order to reduce the Developmental Disabilities Services waiting list, increase adoption subsidy payments by 5 percent, increase foster care provider rates by 5 percent, increase child welfare contract group homes by 7 percent, increase therapeutic foster care provider rates by 5 percent, increase Advantage program provider rates by 7 percent, and increase Developmental Disabilities Services, Community Waiver, Homeward Bound Waiver, In-home Supports Waiver for Adults, In-home Supports Waiver for Children, State-funded Group Home, State-funded Assisted Living and all State-funded Employment and Vocational Services direct care provider rates by 7 percent. It requires the Department to allocate $100,000 to provide respite for caregivers of persons with intellectual disabilities who qualify for Medicaid services and meet ICF/ ID level of care and directs the agency to apply for waivers from Centers for Medicare and Medicaid Services in order to maximize funding for the respite program. It requires the Department to prioritize increased Federal Medical Assistance Percentage funds toward aging and developmental disabled clients, as well as Child Care Subsidy and Adoption Subsidy Programs. It appropriates $2.8 million to the Child Abuse Multidisciplinary Account. It passed 95-0, with the same vote on the emergency.

-HB 3709, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, requires the Office of the Attorney General to transfer up to $100,000 from the Office of the Attorney General's Evidence Fund to the Legal Services Revolving Fund. It passed 90-0 with the same vote on the emergency.

-HB 3712, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, modifies the apportionment of sales tax revenue. It requires $25 million be apportioned to State Highway Construction and Maintenance Fund and $4 million to the Oklahoma Railroad Maintenance Fund for the months ending Aug. 31 and Sept. 30, respectively, and $30 million to the State Highway Construction and Maintenance Fund and $4 million to the Oklahoma Railroad Maintenance Fund for the month ending Oct. 31. The bill states it is the intent of the Legislature that the provisions of the measure are designed to restore money appropriated from the funds in SB1600. It also passed 90-0, as did the emergency.

• The House also accepted amendments to multiple bills and passed them as follows:

-HB 2630, by Rep. Greg Babinec and Sen. Roger Thompson, which modifies the eligibility requirements for the electronic monitoring program for inmates in the custody of the Department of Corrections. It updates language related to the program. It passed 81-10.

-HB 2632, by Greg Babinec and Sen. Micheal Bergstrom, places of worship to the places in which a person can use physical or deadly force against an intruder. It also permits places of worship to establish policies regarding the possession of weapons on property. The bill requires the person who uses defensive force to know or to have a reasonable belief that the person against whom the defensive force was used entered or was attempting to enter into a dwelling, residence, occupied vehicle, place of business or place of worship for the purpose of committing a forcible felony and that the defensive force was necessary to prevent the commission of the forcible felony. The bill defines the term "place of worship." The bill passed 68-24.

-HB 2923 by Rep. Avery Frix and Sen. Stephanie Bice, permits the electronic publishing of bids under the Public Competitive Bidding Act of 1974. It passed 75-18, as did the emergency on the bill.

-HB 3064, by Rep. Terry O'Donnell and Sen. Marty Quinn, requires the Office of the Attorney General to promulgate rules to establish and maintain the Vulnerable Adult Abuse, Neglect and Exploitation Annual Report and requires the Report to contain information regarding the individual being registered. The bill passed 92-1.

-HB 3086, by Rep. Josh Cockroft and Sen. Jason Smalley, designates employees hired for service after January 1, 2020 at the Southwest Oklahoma Juvenile Center in Manitou be considered unclassified and employed in a term-limited appointment. It passed 76-17.

-HJR 1043, by Rep. Mark Lepak and Sen. Micheal Bergstrom, proposes a delegation of commissioners be authorized to attend and participate in a gathering of states proposed by any state legislature for the purposes of developing rules and procedures for an Article V Convention for proposing amendments to the United States Constitution to require a balanced federal budget, or to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government and to limit the terms of office for federal officials and members of Congress and for proposing an initial date and location for the meeting of the several states in an Article V Convention. It establishes the procedures for selecting the commissioners and participating in the gathering of states. The resolution itself passed 54-35.

• The Senate General Government Committee advanced three nominations to the State Fire Marshal Commission during a meeting Monday and one nomination to the Capitol-Medical Center Improvement and Zoning Commission. Nominees to the State Fire Marshal Commission that received do pass recommendations include:

-Michael Karlin, from Weatherford, to serve an unexpired term ending January 31, 2021, succeeding G. Keith Bryant. His nomination was carried by Senate President Pro Tempore Mike Schulz.

-Harold Thompson, of Oklahoma City, to serve a five year term ending November 1, 2023, succeeding Joseph D. Elam, Jr. Sen. Greg Treat, R-Oklahoma City, carried his nomination.

-Brian Zalewski, of Chickasha, to serve a five-year term ending July 1, 2023, succeeding Kirk A. Trekell. Sen. Lonnie Paxton, sponsored his nomination.

-Jeremiah Jordan, of Oklahoma City, to the Capitol-Medical Center Improvement and Zoning Commission, to serve a four-year term ending January 31, 2022, also received a do pass recommendation. Sen. Anastasia Pittman, D-Oklahoma City, sponsored the nomination.

• Gov. Mary Fallin signed the fiscal year 2019 general appropriations bill Monday, along with five other pieces of legislation. The governor also vetoed one measure.

-SB 1600, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, makes general appropriations of $7.67 billion for the expenses of various agencies of the executive, legislative and judicial departments. It repeals HB 3705, which appropriated funds to the State Department of Education. It repeals a portion of HB1022XX, which appropriated funds to the Oklahoma Health Care Authority for the state's graduate medical schools.

-HB 1244, by Rep. Mark Lepak and Sen. A J Griffin, creates the Jeri Cooper Act. It requires, subject to the availability of funds, the State Department of Rehabilitation Services to: establish a program to broaden the availability of support service providers in the deaf-blind community; develop a mission statement for said program and promulgate rules necessary for its implementation; provide grants to providers and organizations that offer services for said community; and use a request-for-proposal process to award grants, which are capped at $300,000. It authorizes the Department to develop a certification requirement and training program.

-HB 2997, by Rep. Cyndi Munson and Sen. J.J. Dossett, designates the red-tailed hawk as the state raptor of Oklahoma.

-HB 3096, by Rep. Josh Cockroft and Sen. Robert Standridge, authorizes a county board of health to create a city-county board of health after Nov. 1, 2018.

-HB 3324, by Rep. Scott Fetgatter and Sen. Stephanie Bice, apportions 5 percent of the quarterly Quality Jobs incentive payment amount to the Quick Action Closing Fund.

-HB 3330, by Rep. Mike Sanders and Sen. AJ Griffin, modifies residency restrictions for registered sex offenders to include family child care homes.

• In other Senate business on Monday, House amendments to the following bills were adopted and the bills passed:

-SB 929, by Sen. Gary Stanislawski and Rep. Rhonda Baker, modifies the definition of terms in the State Aid Formula. It modifies the term "children with learning disabilities" to exclude learning problems that are primarily the result of visual, hearing or motor disabilities, of intellectual disability, of emotional disturbance or of environmental, cultural or economic disadvantage. It changes the term "deaf or hard of hearing" to "deafness" and defines it to mean a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a child's educational performance. It changes the term "educable mentally handicapped" to "intellectual disability." The bill and its emergency clause passed 44-0.

-SB 980, by Sen. A J Griffin and Rep. Rhonda Baker, creates an initial teaching certificate, a career teaching certificate, a mentor teaching certificate and a lead teaching certificate. It establishes qualifications for each type of teaching certificate. The bill requires the terms of the contracts issued to mentor teaching certificate candidates to include the following: "Mentor: an additional ten (10) days to be used to strengthen instructional leadership. A mentor teacher shall receive an annual salary supplement of at least Three Thousand Dollars ($3,000.00) in addition to the salary for which the teacher qualifies pursuant to Section 18-114.14 of this title." It requires the terms of the contracts issued to lead teaching certificate candidates to include the following: "Lead: an additional fifteen (15) days to be used to strengthen leadership. A lead teacher shall receive an annual salary supplement of at least Five Thousand Dollars ($5,000.00) in addition to the salary for which the teacher qualifies pursuant to Section 18-114.14 of this title." The bill passed 45-0.

-SB 1180, by Sen. Larry Boggs and Rep. Jeff Coody, removes the requirement that the Oklahoma Wildlife Conservation Commission must conduct a contest for selecting the waterfowl stamp art and instead makes said contest optional. The bill passed 39-6.

-SB 1196, by Sen. Gary Stanislawski and Rep. Jadine Nollan, allows a high school student who meets the eligibility requirements for concurrent enrollment or dual enrollment to be entitled to participate in a program offered by any institution within The Oklahoma State System of Higher Education, regardless of location. It allows a school district that offers an early college high school program in which eligible students can earn concurrent or dual enrollment credit to be entitled to partner with any institution within The Oklahoma State System of Higher Education, regardless of location. The bill passed 44-1.

-SB 1203, by Sen. Anthony Sykes and Rep. Dustin Roberts, requires any person convicted of a speeding violation to be punished by a fine not to exceed $60 and court costs not to exceed $40. The bill passed 40-3.

-SB 1249, by Sen. James Leewright and Rep. Glen Mulready, modifies conditions and requirements relating to workers' compensation liability other than that of an immediate employer. The bill permits any individual or business entity not required to secure compensation under the Administrative Workers' Compensation Act may execute an Affidavit of Exempt Status. It establishes requirements, a $50 fee and a two-year term for the affidavit. It establishes Workers' Compensation Commission procedures for the affidavit. The bill provides if any owner of a project or job enters into a contract with a contractor and the owner of the project or job does not substantively form an employment relationship with its contractor, the owner of the project or job will not be liable for compensation for a compensable injury to any contractor or subcontractor in any tier or to any employee of any contractor or subcontractor in any tier. The bill passed 44-0.

-SB 1367, by Sen. Ervin Yen and Rep. Dale Derby, prohibits a peace officer from taking a person into custody based solely on the commission of an offense involving prescription drugs if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances. The bill establishes criteria for making the determination. The bill provides a person who meets the criteria will not be subject to prosecution or receive a mitigated sentence for a drug offense or not have property seized or forfeited on the basis of a drug violation if evidence is obtained that they were seeking emergency medical assistance or intervening to prevent a drug overdose. It prohibits a person from initiating or maintaining an action against a peace officer or the employing political subdivision based on the officer's compliance or failure to comply with the bill's provisions. The bill passed 45-0.

-SB 1370, by Sen. Jason Smalley and Rep. Kyle Hilbert, directs the State Board of Career and Technology Education to create a list of accepted industry-valued credentials that will be reviewed annually and updated every three years. It requires the list be utilized for the modified mathematics curriculum unit. It requires the parent or legal guardian of a student who is under the age of 18 to meet with a school designee prior to their enrollment in the core curriculum. It modifies the mathematics curriculum unit to allow for the successful completion of a one year of full-time, three-hour career and technology program leading to an industry credential/certificate or college credit. It specifies that any other mathematics course with content and/or rigor equal to or above Algebra 1 may count as a mathematics unit. The bill and its emergency clause passed 45-0.

-SB 1400, by Sen. Adam Pugh and Rep. Mike Osburn, consolidates the Department of Commerce into the Office of the Lieutenant Governor. It establishes procedures to implement the consolidation. The bill passed 26-17.

-SB 1475, by Sen. Adam Pugh and Rep. Mike Osburn, creates the Occupational Licensing Review Act. The bill establishes membership requirements for the 12-member Occupational Licensing Advisory Commission. It establishes meeting requirements. The bill states the purpose of the commission is to conduct a review of each occupational or professional licensing act in the state not less than once every four years and make recommendations to the Legislature. The bill requires the commission to develop a four-year schedule showing when each licensing act will be reviewed. It requires any new licensing act or new category of license enacted by the Legislature for regulation by an existing licensing board, agency or commission be added to the four-year schedule and be initially reviewed within 90 days of enactment. The bill requires the commission to hold at least one public meeting annually to present its findings on any occupational or professional license it has reviewed. The bill requires the commission to allow public comments make recommendations at the public meeting and permits it to vote whether to recommend to the Legislature that such license be maintained, modified, or repealed. The bill requires the results of the public held be provided in a written report to the Governor, Senate President Pro Tempore and House Speaker prior to the legislative deadline set for requesting legislation for the upcoming legislative session. It requires the report be made available on the Department of Labor's website for public inspection. The bill and its emergency clause passed 42-1.

-SB 1566, by Sen. Micheal Bergstrom and Rep. Avery Frix, authorizes the Oklahoma Tourism and Recreation Department to coordinate with the Oklahoma Historical Society to develop educational programs and materials for Oklahoma schools that promote learning both by reading about and visiting Civil War battle sites in the State of Oklahoma. The bill passed 41-2.

• The following joint committee reports for bills that were heard in the House and Senate Joint Committees on Appropriations and Budget were adopted and the bills passed:

-SB 1583, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, increases the minimum amount of revenue that must be deposited in the General Revenue Fund before deposits can be made into the Revenue Stabilization Fund from $5.73 billion to $6.6 billion. The bill passed 43-0.

-SB 1584, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, authorizes the Oklahoma Capitol Improvement Authority to issue up to $5.116 million of bonds for the Oklahoma Conservation Commission to construction, repair and rehabilitation of flood control dams through and with the assistance of local conservation districts. The bill and its emergency clause passed 36-8.

-SB 1591, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, requires eligible providers of Medicaid ground emergency medical transportation services to receive supplemental Medicaid reimbursement. The bill defines eligible providers to be those that provide ground emergency medical transportation services to Medicaid beneficiaries; are enrolled as a Medicaid provider for the period being claimed; and are owned or operated by the state, a political subdivision or local government, that employs or contracts with persons who are licensed to provide emergency medical services in the State of Oklahoma, and includes private entities to the extent permissible under federal law. It establishes a method for calculating the supplemental reimbursement. It establishes requirements for receiving the supplemental reimbursement. The bill passed 39-4.

-SB 1594, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, recodifies certain sections of law related to the Tobacco Settlement Master Agreement. The bill passed 44-0.

-SB 1602, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, permits the Administrative Director of the Courts to request the Office of Management and Enterprise Services transfer up to $5 million from the Oklahoma Court Information System Revolving Fund to the District Court Interagency Reimbursement Fund with the approval of the Chief Justice of the Supreme Court to perform the duties imposed upon the district courts by law. The bill passed 45-0.

-SB 1604, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, requires the State Board of Career and Technology Education to allocate $10.1 million to provide an increase in compensation for certified personnel and $2.1 million an increase in compensation for support employees. It sets a full-time equivalent limit of 406 for the Department of Career and Technology Education. The bill and its emergency clause passed 42-3.

-SB 1605, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, requires the Oklahoma Health Care Authority (OHCA) to increase the current reimbursement rates for SoonerCare-contracted long-term care facilities by 3.0 percent after approval by Centers for Medicare and Medicaid Services (CMS), but not earlier than Oct. 1. It also requires OHCA, after CMS approval, no later than Oct. 1 and through agency administrative savings and efficiencies to increase the current reimbursement rates for all remaining SoonerCare-contracted provider types/groups by 2.0 with the following exclusions: services financed through appropriations to other state agencies, Durable Medical Equipment Prosthetics, Orthotics and Supplies, non-emergency transportation, services provided to Insure Oklahoma members, payments for drug ingredients/physician supplied drugs, Indian Health Services/Indian Tribal/Urban Clinics and Federally Qualified Health Centers, Program for the All-inclusive Care for the Elderly and rural health centers. The bill requires all rate increases be in compliance with federal and state law and regulations, as well as state cost reimbursement methodologies. It establishes duties of the OHCA Administrator. It establishes requirements for the transfer of funds. The bill and its emergency clause passed 41-4.

-SB 1606, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, requires that the Oklahoma Department of Agriculture, Food and Forestry to use $3.4 million from its appropriated funds for the Rural Fire Operational Assistance Grants; $325,000 for the 80/20 Reimbursable Grant Program; and $343,325 be used for the "Made in Oklahoma" program. The bill and its emergency clause passed 42-3.

-SB 1607, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, requires the Department of Commerce to spend $445,000 to implement HB2578, which creates the Aerospace Commerce Economic Services (ACES) program. It requires $104,742 of the department's appropriated funds be transferred to the Seminole State College Rural Business and Resources Center. The bill and its emergency clause passed 37-8.

-HB 3713, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, modifies the method of calculating the motor fuel assessment under the International Fuel Tax Agreement. It removes a reference to a specific tax rate and adds a reference to the applicable tax rate under the Motor Fuel Tax Code. The bill and its emergency clause passed 45-0.

-HB 3715, by Rep. Kevin Wallace and Sen Kim David, permits business that relocate back into Oklahoma from outside the U.S. to make installment payments of income taxes due as a result for the move for tax years ending after Jan. 1, 2017, if the taxpayer elects to make installment payments of federal taxes during under the federal tax code. The bill passed 44-0.

Tuesday, May 1, 2018

• A House conference committee created solely to consider SB1140 approved the bill out Tuesday, clearing its way to be heard again in the Senate and the House. SB1140, by Sen. Greg Treat and Rep. Travis Dunlap, prohibits a private child-placing agency from being required, to the extent allowed by federal law, to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies. The bill also prohibits the Department of Human Services from denying an application for an initial license or renewal of a license or revoking the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. It prohibits a state or local government entity from denying a private child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. It provides that the refusal of a private child-placing agency to perform, assist, counsel, recommend, consent to, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies will not form the basis of a civil action. The bill was amended in the House Judiciary Committee to allow adoption agencies to follow a written religious or moral code in choosing placement families only if the agency did not receive any public money.

• The Senate met on Tuesday and gave approval to several measures, including the following:

-SB 1585 by Sen. Eddie Fields, Sen. Kimberly David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, creates several income tax credits designed to incentivize qualified employers and employees in the vehicle manufacturing industry. It limits the credits to vehicle manufacturing companies placed in operation in Oklahoma after the effective date of the act and engineers employed by such firms. It provides specifics for the tax credits as well as qualifiers. It sets caps for the tax credits.

-JCR for SB 1590, by Sen. Eddie Fields, Sen. Kimberly David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, authorizes the Oklahoma Capitol Improvement Authority to issue $116.5 million in bonds for the Department of Corrections to finance maintenance, repairs, equipment, and improvements of existing correctional facilities.

• SB 925, by Sen. Roger Thompson and Rep. Mike Osburn, requires an agency that intends to contract to privatize a function, program, service, unit or division valued at $1,000,000 to perform a cost analysis and provide a copy of the report to the Office of Management and Enterprise Services. It modifies the responsibilities of an agency under the Oklahoma Privatization of State Functions Act. The bill passed 43-0.

-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. The bill and its emergency clause passed 39-0.

-SB 1081, by Sen. A J Griffin and Rep. Mark Lawson, creates the Trust Fund of Oklahoma. It requires the fund to be administered by the Oklahoma Commission on Children & Youth. It requires the fund consist of donations and any interest and/or capital gains earned by the trust fund. It requires the fund be utilized in order to incentivize innovative programs that will improve the well-being and reduce the adverse childhood experiences of children in Oklahoma. It prohibits the fund from being used to expand existing services or to support ongoing core services. The bill passed 41-0.

-SB 1101, by Sen. John Sparks and Rep. Glen Mulready, creates the Insurance Business Transfer Act. It provides a basis and procedures for the transfer of policies from a transferring insurer to an assuming insurer by way of an Insurance Business Transfer without the consent of policyholders or reinsureds. The bill establishes requirements for notice and disclosure standards and procedures for the approval of the transfer and novation by the Oklahoma Insurance Commissioner and the District Court of Oklahoma County. The bill passed 41-0.

• The House moved through over 20 bills in its afternoon, including:

-HB 2527, by Rep. Bobby Cleveland and Sen. Nathan Dahm, allows the sheriff of any county to authorize employees who are in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act to carry a concealed handgun when acting in the course and scope of employment within the courthouses of the county in which he or she is employed. It provides that the provisions of the bill do not allow the county employee to carry the handgun into a courtroom. It passed fourth reading on a vote of 79-12.

-HB 2795, by Rep. Tim Downing and Sen. A J Griffin, directs medical facilities that prescribe, distribute, manufacture, dispense or administer controlled dangerous substances register with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control annually and pay a registration fee. The amendment exempts an assisted living facility licensed by the state from being required to register. It passed fourth reading on a vote of 77-6.

-HB 2796, by Rep. Tim Downing and Sen. A J Griffin, requires drug manufacturers and distributors make certain data available to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control on a quarterly basis. It also requires that information be kept confidential. It passed fourth reading on a vote of 83-0.

-HB 2798, by Rep. Tim Downing and Sen. A J Griffin, creates the Opioid Overdose Fatality Review Board within the Department of Mental Health and Substance Abuse Services and sets up duties and responsibility of the board in reviewing opioid deaths across the state. It establishes designees to the board. It passed fourth reading on a vote of 74-14.

-HB 2881, by Rep. Josh West and Sen. Greg Treat, removes language that prohibits a person arrested on a warrant from being eligible for the drug court program without the approval of the district attorney. The bill modifies the time period for review of an offender for a drug court program to any time prior to disposition of the case and sentencing of the offender. The bill establishes notice requirements for offenders seeking drug court review. The bill modifies drug court eligibility. The bill removes the prohibition on a judge from amending the written plea agreement after an offender has been admitted to the drug court program. The Senate amendments restored the bill's title and enacting clause. It passed fourth reading on a vote of 86-0.

-HB 2882, by Rep. Josh West and Sen. Jason Smalley, authorizes any State Board of Career and Technology Education technology center and any higher education institution to, upon application and approval of the Council on Law Enforcement Education and Training (CLEET), offer courses of study for law enforcement certification, basic peace officer certification academies and other law-enforcement-related training. It requires the courses or training offered to meet minimum standards established for peace officers and to meet all applicable eligibility requirements for students to receive benefits under the federal G.I. bills. The bill requires all participants in any courses or training offered be required to have submit to all background investigation requirements required by law. It passed fourth reading on a vote of 88-0.

-HB 2931, by Rep. Glen Mulready and Sen. A J Griffin, requires the use of electronic prescribing for all scheduled II, III, and IV drugs. It exempts licensed veterinarians, practitioners who experience temporary technological or electrical failure or other extenuating circumstance that prevents the prescription from being transmitted electronically, a practitioner, other than a pharmacist, who dispenses directly to an ultimate user, a practitioner who orders a controlled dangerous substance to be administered in a state-certified and recognized hospital, nursing home, hospice facility, outpatient dialysis facility, a continuum of care facility, or penal institution, a practitioner who writes a prescription to be dispensed by a pharmacy located on federal property, or a prescriber that has received a waiver or extension from the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. It provides circumstances under which electronic prescriptions are not to be used. It requires all practitioners to register with the OBNDD by January 1, 2020 as to be issued official prescription forms. It provides for the validity and conditions for registration. It provides that a Schedule V controlled substance may not be filled or refilled more than 5 times after the date of the prescription. It passed fourth reading on a vote of 81-4.

-HB 3104, by Rep. Pat Ownbey and Sen. A J Griffin, modifies the definition of "drug endangered child" by removing newborns who test positive for a controlled dangerous substance. It adds a definition of "plan of safe care" and modifies the definition of "sibling." The bill clarifies that health care professionals, including midwives, must report to Department of Human Services any infants diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol Spectrum Disorder. It requires the Department to develop a plan of safe care to address the health and substance use treatment needs of the infant and affected family member or caregiver when it receives a referral that an infant has been diagnosed with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum Disorder but the referral is not accepted for investigation. It authorizes district courts to establish a "Zero to Three Court Program" with the goal of reducing time to permanency of children 36 months of age or younger, reducing incidences of repeat maltreat and promoting effective coordination among various providers and use of resources. The bill and its emergency clause passed fourth reading on a vote of 83-0.

-HB 3328, by Rep. Marcus McEntire and Sen. Adam Pugh, creates the Commission on the Prevention of Abuse of Elderly and Vulnerable Adults to study, evaluate and make recommendations for any changes to state policy, rules or statutes to better provide adequate protections and services for individuals who may be at risk for abuse, neglect or exploitation. The bill sets membership and meeting requirements and prohibits members from receiving compensation. It requires the Attorney General chair the commission. It authorizes travel reimbursement for members of the commission from their respective agencies. It passed forth reading on a vote of 77-12.

-HB 3582, by Rep. Charles McCall and Sen. Ervin Yen, requires the Department of Human Services contract to conduct a survey of recipients and applicants of services via the Advantage Waiver Program to evaluate the current eligibility determination criteria when compared with a medical eligibility determination system. It requires the results of the survey be provided to the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than December 31, 2018. The bill passed fourth reading on a vote of 66-23. The emergency clause failed on a vote of 66-23.

-HB 3336, by Rep. Sean Roberts and Sen. Ervin Yen, creates the Physical Therapy Licensure Compact to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services and provides for requirements for state participation in the Compact. It establishes the Physical Therapy Compact Commission and provides requirements for the Commission. It passed on a vote of 86-3.

• Conference committee reports adopted on the Senate floor and passed Tuesday afternoon included:

-SB 912, by Sen. Mark Allen and Rep. Zack Taylor, requires agricultural motor vehicles engaged in interstate or intrastate commerce be exempt from the requirement for electronic logging devices and hours of services as mandated by Section 32301(b) of the U.S. Commercial Motor Vehicle Safety Enhancement Act. It provides agricultural vehicles include, but are not limited to, single axel trucks with a goose neck or bumper pull trailer hauling horses or livestock, and trailers with living quarters. The bill and its emergency passed fourth reading on a vote of 86-5.

-HB 2259, by Rep. Dell Kerbs and Sen. Ron Sharp, specifies that teachers of children under the age of 18 are mandatory reporters of suspected child abuse or neglect. It requires reports by teachers and students, 18 years or older, who suspect a child is being abused or neglected be submitted immediately. It passed fourth reading on a vote of 83-5.

-HB 3393, by Rep. Regina Goodwin and Sen. A J Griffin, directs all penal institutions, detention centers and county jails to use the least restrictive restraints necessary when the facility has actual or constructive knowledge that an inmate is pregnant. It prohibits the use of any kind of restraint when transporting an inmate who is in labor, while the inmate is delivering the baby, or while the inmate is recuperating from the delivery. It creates a misdemeanor punishment for any correctional officer found guilty of using restraints on a pregnant inmate, subject to imprisonment of up to one year in the county jail, a fine of up to $1,000 or both fine and imprisonment. It passed on vote of 75-14.

-HB 3407, by Rep. Weldon Watson and Sen. Mark Allen, modifies the definition of "excavate" as it relates to the Oklahoma Underground Facilities Damage Prevention Act. It passed 75-11.

-HB 1340, by Rep. Randy McDaniel and Sen. Greg Treat, modifies the definition of the term "nonfiscal retirement bill" to include legislation that provides for a one-time increase in retirement benefits if the increase in retirement benefits is not a permanent increase in the gross annual retirement benefit payable to a member or beneficiary, occurs only once pursuant to a single statutory authorization and does not exceed: the lesser of two 2 percent of the gross annual retirement benefit of the member or $1,000 and requires that the benefit may only be provided if the funded ratio of the affected retirement system would not be less than 60 percent but not greater than 80 percent after the benefit increase is paid; the lesser of 2 percent of the gross annual retirement benefit of the member or $1,2000 and requires that the benefit may only be provided if the funded ratio of the affected retirement system would be greater than 80 percent but not greater than 100 percent after the benefit increase is paid; the lesser of 2 percent of the gross annual retirement benefit of the member or $1,400 and requires that the benefit may only be provided if the funded ratio of the affected retirement system would be greater than one hundred percent 100 percent after the benefit increase is paid; or the greater of 2 percent of the gross annual retirement benefit of the volunteer firefighter or $100 for persons who retired from the Oklahoma Firefighters Pension and Retirement System as volunteer firefighters and who did not retire from the Oklahoma Firefighters Pension and Retirement System as a paid firefighter. The bill defines the term "funded ratio" to mean the figure derived by dividing the actuarial value of assets of the applicable retirement system by the actuarial accrued liability of the applicable retirement system. The bill requires the state's retirement systems to make a one-time distribution to its members of five years or more according to the formula established in the definition of the term "nonfiscal retirement bill." The bill requires a minimum $350 one-time distribution to members of a retirement system for at least 20 years. The bill passed 93-0.

• Gov. Mary Fallin signed 15 more bills Tuesday, including the following:

-HB 1120, by Rep. Josh Cockroft and Sen. Anthony Sykes, authorizes a county sheriff to contract with a statewide association of county sheriffs to administer contracts with third parties attempting to locate persons of their outstanding misdemeanor or failure-to-pay warrant. It authorizes sheriffs contracting with such an association to assign their rights and duties regarding the contracts to the association. The bill takes effect Nov. 1, 2018.

-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. The bill takes effect Nov. 1, 2018.

-HB 1334, by Rep. Chuck Hoskin and Sen. John Sparks, allows the board of education of any school district to transfer title to unimproved real property to a municipal or other local housing authority in order for such housing authority to construct single family dwellings or multifamily dwellings on such real property. The bill takes effect 90 days after the Legislature adjourns sine die.

-HB2722, by Rep. Todd Russ and Sen. Mark Allen, modifies the definition of the term "employee" as it relates to the Administrative Workers' Compensation Act. The bill takes effect Nov. 1, 2018.

-HB 2759, by Rep. Leslie Osborn and Sen. Anthony Sykes, modifies various definitions within the State Dental Act. It amends language related to the granting of emergency temporary licenses. The bill requires beginning January 1, 2019, that every dental assistant receiving a permit to complete a class on infection control as approved by the Board within one year from the date of receipt of the permit. It requires any person holding a valid dental assistant permit prior to January 1, 2019, to complete an infection-control class as approved by the Board before December 31, 2019. It adds that failure to complete the class shall be grounds for discipline. The bill adds a new license fee for a mobile dental treatment facility. It allows a dentist to petition the board to be temporarily exempted from the requirement to maintain a policy for professional malpractice liability insurance due to health, injury or other personal exigent circumstance during the year. The bill takes effect Nov. 1, 2018.

-HB 2889, by Rep. Zack Taylor and Sen. Paul Scott, modifies language permitting sheriffs to charge a $5 fee for fingerprints under the Oklahoma Self-defense Act. The bill allows the sheriff to set the amount of the fee to recover costs. The bill permits applicants to submit their application to a sheriff in any country, rather than only in the county in which they reside. It permits the applicant to have their fingerprints taken by any county sheriff. The bill takes effect Nov. 1, 2018.

-HB 3260, by Rep. Mark McBride and Sen. Anthony Sykes, defines the term "following" to mean the tracking of the movement or location of an individual through the use of a Global Positioning System (GPS) device or other monitoring device by a person, or person who acts on behalf of another, without the consent of the individual whose movement or location is being tracked in order to determine stalking. It exempts the lawful use of a GPS device or other monitoring device by a law enforcement agency or the parent or guardian of a minor child who uses such device for the purpose of tracking such minor child. It defines applicable terms. The bill takes effect upon receiving the governor's signature.

-HB 3289, by Rep. John Enns, R-Enid, and Sen. Frank Simpson, R-Ardmore, creates the Oklahoma Long-term Care Services and Supports Advisory Committee, the purpose of which is to develop a long-range plan for long-term care service and supports, the financial impact of said services and stable sustainable funding to support growth of these services. It provides for Committee membership. It requires the Committee to meet monthly, beginning no later than Nov. 1, 2018. It requires the Committee to publish a report of its final plan no later than Nov. 1, 2019. It allows the Committee to use the expertise and services of the staff of the Oklahoma Health Care Authority. It requires Committee meetings comply with the Oklahoma Open Meeting Act. The bill takes effect Nov. 1, 2018.

-SB 224, by Sen. A J Griffin and Rep. Chris Kannady, requires all youthful offender court records be confidential unless the motion to impose an adult sentence is granted by the court; the court sentences the person as an adult; or the motion to transfer the person to the custody or supervision of the Department of Corrections is granted. It also requires all reports, evaluations, motions, records, exhibits or documents generated that are submitted to the court or admitted into evidence during the hearing on the motions for certification as a youthful offender or a juvenile are confidential and be filed or admitted under seal, except that such records can be provided to the Office of Juvenile Affairs. The bill requires a preliminary hearing to commence within 90 days of the notice of a juvenile's location if an accused who was absent for 90 days after the filing of the information is detained in a juvenile detention center or county jail within this state, or his or her location becomes known to the state at any time after the first 90 days have expired. It extends to the age of 18 years and six months from the age of 18 years and 5 months that a youthful offender may be returned to a treatment program. It permits the Office of Juvenile Affairs to recommend that the youthful offender be returned to its custody upon attaining the age of 18 years and six months until the age of 19 to complete the reintegration phase of the treatment program or community supervision as determined by OJA. It permits, during any period of extension, a youthful offender to be transferred to the Department of Corrections as provided by statute whether the youthful offender is placed in an out-of-home placement or in the community. It requires that a youthful offender to remain in custody or under the supervision of the Office of Juvenile Affairs until the youthful offender has been discharged or sentenced by the court or until the youthful offender's 19th birthday if the court has extended jurisdiction for the offender until 19 years of age, at which time the youthful offender will be returned to the court for final disposition of the youthful offender's case. It repeals outdated language related to charging those under 18 as an adult. It takes effect May 1, 2018.

-SB 897, by Sen. Roger Thompson and Rep. Mike Osborn, modifies and limits the duties of the Incentive Approval Committee to determining the eligibility of all applicants for the Oklahoma Quality Jobs Program Act, subject to the applicable requirements. The bill repeals the Saving Quality Jobs Act. The bill takes effect Nov. 1, 2018.

-SB 900, by Sen. Roger Thompson and Rep. Tim Downing, modifies the definition of the term "offender" to include anyone adjudicated as a juvenile delinquent or youthful offender. The bill requires the Department of Corrections, upon an offender's competition of the Delayed Sentencing Program for Young Adults, to notify the sheriff of the county from where the order by the court placing an offender in the Delayed Sentencing Program for Young Adults was filed and requires the sheriff to take custody of the offender. The bill takes effect upon receiving the governor's signature.

-SB 1103, by Sen. Ervin Yen and Rep. Marcus McEntire, requires all health benefit plants to include coverage for a law-dose mammography screening and defines related terms. The bill takes effect Nov. 1, 2018.

-SB 86, by Sen. Kim David and Rep. George Faught, requires the Oklahoma Department of Transportation to conduct an economic impact study on the affected municipalities for all new construction of state highways that have a primary purpose of bypassing municipalities. It also requires the study be conducted in addition to any study required by state or federal law. It requires, upon completion of the study, the impact be delivered to the governing bodies of the municipalities. It permits bypass projects to be added to the department's Eight-Year Construction Work Plan only upon a written official letter of support formally approved by the municipal governing body from the majority of the affected municipalities. The House amendments to the bill, which restored its title and enacting clause, were adopted on a 31-13 vote. The bill passed 32 to 11 and its emergency clause was approved 33-10.

-SB 1128, by Sen. Ervin Yen and Rep. Dale Derby, prohibits a medical practitioner from issuing an initial prescription for an opioid drug which is a prescription drug in a quantity exceeding a seven-day supply for treatment of acute pain for an adult patient, or a seven-day supply for treatment of acute pain for a patient under the age of eighteen years old. It requires, prior to issuing an initial prescription, said practitioner must document a thorough medical history, conduct a physical exam, develop a treatment plan, utilize the central repository, limit the supply for acute pain to no more than 7 days, enter into a patient provider agreement with the parent of a patient under 18 years of age or if the patient is pregnant. It allows a practitioner to issue a subsequent prescription not to exceed seven days under certain circumstances. It allows for a 14-day supply to be prescribed after the performance of a surgical procedure under certain circumstances. It provides procedures upon the issuance of a third or subsequent prescription for acute or chronic pain. The bill passed 41-1.

-SB 1162, by Sen. Kim David and Rep. Glen Mulready, requires the Board of Directors of the Oklahoma Individual Health Insurance Market Stabilization Program to apply for and utilize federal funding for the reinsurance program. It removes that language that requires the directors to determine amount of the assessment and the amount or percentage of the premiums paid to health insurance plans for health insurance coverage by eligible individuals to be collected and deposited to the credit of, and available for use by, the program. It permits the board, to the extent that federal funds become available under federal law, regulation or executive action, to apply for the funds and to use the funds to establish and administer a reinsurance program for the purposes of the Oklahoma Individual Health Insurance Market Stabilization Act. It states the board will not have the authority to assess insurers, employers or any other entity to fund the program. It permits the board to accept funding from other sources for the purpose of the
Oklahoma Individual Health Insurance Market Stabilization Act. It repeals language authorizing the board to hire an executive director. It repeals language requiring the Oklahoma Insurance Department to provide administrative and operational support to the program and to the board and requiring the board to reimburse the Insurance Commissioner for any direct and actual administrative costs associated with administering the provisions of the act. The bill passed 36-6.

-SB 185, by Sen. Kay Floyd and Rep. Josh West, requires each member of the Pardon and Parole Board to complete annual training based on guidance from organizations that provide training and technical assistance related to the probation and parole process. It requires the annual training curriculum to include, but not be limited to, identifying, understanding and targeting criminogenic needs, the principles of effective intervention, core correctional practices and how to support and encourage offender behavior change. It modifies the minimum requirements of Pardon and Parole Board members. It requires that at least two members of the Pardon and Parole Board shall have five years of training or experience in mental health services, substance abuse services or social work.

-SB 1015, by Sen. Gary Stanislawski and Rep. Chad Caldwell, modifies the definition of the term "school district employee" to include employees of an educational service provider contracted with a school district who perform functions that would otherwise be performed by a school district employee shall be considered employees of a school district for purposes of the Larry Dickerson Education Flexible Benefits Allowance Act unless otherwise provided for in the contract between the educational service provider and the contracting school district.

Wednesday, May 2, 2018

The Senate met for its session on Wednesday and approved the following bills:

-SB 1221, by Sen. Anthony Sykes and Rep. Josh West, creates the Alyssa Wise Juvenile Life Without Parole Sentencing Act. It permits children convicted of murder in the first degree may be sentenced to life without parole under a specific procedure laid out in the act. It permits a magistrate to request a psychological evaluation before a preliminary hearing. It permits, if the evaluation is requested before the preliminary hearing, then the evaluation along with other facts and considerations may issue a "Notice of Intent to Seek a Sentence of Life Without Parole "within 30 days. The bill requires the juvenile offender to respond to the notice within 15 days. It then entitles the juvenile to a trial by jury and if the child is found guilty, it requires the court to schedule a hearing to consider and weight the chronological age of the offender, incompetencies associated with youths, whether circumstances suggest the possibility or rehabilitation, social background or history of substance abuse, record of the offender and any other criteria the court deems relevant. It requires the court to consider evidence from sentencing and the trial itself. It permits, if the weight of the evidence establishes that the crimes committed by the offender reflect irreparable corruption and permanent incorrigibility, the judge to sentence the juvenile offender to life without the possibility of parole. The bill also permits the process to be applied retroactively to those who have been found guilty but whose case has been remanded to the district court for sentencing. It allows those sentenced under the act to file a motion requesting a post-judicial review hearing after serving no less than 85 percent of their life sentence. It requires the Department of Corrections to compiles a list of all offenders convicted of homicide turning 18 who were sentenced to life without parole within 60 days of the effective date of the act, if they have served at least 85 percent of their life sentence. It permits the offender, within 20 days of receiving notice of sentencing reconsideration hearing, to file a motion stating the grounds on which they should be resentenced. The bill requires each member of the Pardon and Parole Board to complete annual training based on guidance from organizations that provide training and technical assistance related to the probation and parole process. It requires the annual training
curriculum include but not be limited to identifying, understanding and targeting criminogenic needs, the principles of effective intervention, core correctional practices and how to support and encourage offender behavior change. It expands the areas of study and experience Pardon and Parole Board members may have. The bill requires at least two members of the Pardon and Parole Board have five years of training or experience in mental health services, substance abuse services or social work.

-The Senate adopted House amendments to the following bills and awarded them passing votes:

-SB 893, by Sen. Marty Quinn and Rep. Earl Sears, caps the zero-emission tax credit for energy generated by water, solar or geothermal at $500,000 for tax years beginning Jan. 1, 2019. It permits unused credits to be carried over until they are fully utilized. It requires the Tax Commission to prepare an annual report and submit it to the Office of the State Secretary of Energy and Environment, the Governor, the House Speaker and Senate President Pro Tempore summarizing the amount of credits allowed. It requires the Secretary of Energy and Environment to submit recommendations for changes to the tax credit to the Governor, the House Speaker and Senate President Pro Tempore within 60 days after receipt of the report from the Oklahoma Tax Commission. The bill passed 31-8.

-SB 1059, by Sen. Marty Quinn and Rep. Chris Kannady, defines the term "assessment percentage" to mean means the percentage applied to personal property and real property pursuant to Article 10, Section 8 of the Oklahoma Constitution. The bill removes the term "actual fair cash value" and replaces it with "fair cash value" and "market value." The bill modifies the definition of "taxable value" to conform to the other changes. The bill establishes notice requirements for cases in which the county assessor increases the valuation of any personal property above that returned by the taxpayer. The bill passed 42-0.

-SB 1212, by Sen. Nathan Dahm, would allow individuals 21 years and older, as well as those in the military 18 and over, to carry a gun without first obtaining a permit. The motion to adopt House amendments passed 32-11. The bill passed 33-9. It now goes to Gov. Mary Fallin for her consideration.

-SB 340, by Sen. Greg Treat and Rep. Elise Hall, allows the municipal judge to direct a defendant to perform community service at a rate of not less than the current federal minimum wage for any person convicted of violating any ordinance of a city and sentenced to pay a fine and costs and is without the means to do so. The bill passed 44-0.

-SB 1334, by Sen. Stephanie Bice and Rep. Marcus McEntire, requires that first time applicants for an employee license under the provisions of the Oklahoma Alcoholic Beverage Control Act must complete a training program not later than 14 days after licensure. The bill passed 41-3.

-SJR 70, by Sen. Stephanie Bice and Rep. Elise Hall, proposes a vote of the people on a constitutional amendment that expands the uses of certain ad valorem taxes levied by a school district for operations. The resolution passed 28-15.

-HB 3706, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, requires the Department of Corrections to maintain a per diem rate of not less than $43.30 for private prison medium security beds for FY2019. The bill requires the department to utilize up to $4.8 million to coordinate with the Office of Management and Enterprise Services in the implementation of a statewide offender management system. The bill and its emergency clause passed 42-0.

-HB 3707, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, requires the Department of Mental Health and Substance Abuse Services to use $2 million, along with any increase in federal funding related to an increase in the Federal Medical Assistance Percentage (FMAP) match rate, to restore psychiatric inpatient, substance abuse residential, psychologist and agency-based therapy provider rates by 3 percent. It requires $4 million appropriated to the department be used for needs assessments. It establishes requirements for the transfer of funds. The bill and its emergency clause passed 43-0.

-HB 3708, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, requires the Department of Human Services to use $4,620,000 to restore adoption subsidy payments and foster care rates to 2017 levels, $960,000 toward increased salaries of Child Welfare Specialists as obligated by the Pinnacle Plan. It directs $2 million toward providing services for persons in order to reduce the Developmental Disabilities. The bill and its emergency clause passed 43-0.

-HB 3712, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, modifies the apportionment of sales tax revenue. It requires $25 million be apportioned to State Highway Construction and Maintenance Fund and $4 million to the Oklahoma Railroad Maintenance Fund for the months ending Aug. 31 and Sept. 30, respectively, and $30 million to the State Highway Construction and Maintenance Fund and $4 million to the Oklahoma Railroad Maintenance Fund for the month ending Oct. 31. The bill states it is the intent of the Legislature that the provisions of the measure are designed to restore money appropriated from the funds in SB1600. The bill and its emergency clause passed 43-0.

-HB 3393, by Rep. Ben Loring, Rep. Chris Kannady and Sen. A J Griffin, directs all penal institutions, detention centers and county jails to use the least restrictive restraints necessary when the facility has actual or constructive knowledge that an inmate is pregnant. It prohibits the use of any kind of restraint when transporting an inmate who is in labor, while the inmate is delivering the baby, or while the inmate is recuperating from the delivery. It creates a misdemeanor punishment for any correctional officer found guilty of using restraints on a pregnant inmate, subject to imprisonment of up to one year in the county jail, a fine of up to $1,000 or both fine and imprisonment. The bill passed 44-0.

• The Senate Public Safety Committee gave do pass recommendations Wednesday to two of Gov. Mary Fallin's executive nominations. Receiving the do pass recommendations were:

-Brent Black, of Bixby, to the Forensic Review Board, to serve an unexpired term ending December 31, 2020, succeeding Verna Foust. The nomination was presented by Sen. David Rader, R-Tulsa on behalf of Sen. Joe Newhouse, R-Broken Arrow.

-Tulsa County Sheriff Victor Regalado, to the Oklahoma State Bureau of Investigation Commission, to serve an unexpired term ending July 1, 2023, succeeding Raymond Hauf. Sen. Michael Brooks, D-Oklahoma, carried the nomination on behalf of Sen. Allison Ikley-Freeman, D-Tulsa.

• The House met on Wednesday and approved the following legislation:

-HB 1401, by Rep. John Montgomery and Sen. John Sparks, creates the Oklahoma Legacy Act and creates the Oklahoma Legacy Fund. It provides for collection, apportionment and deposit of monies into the fund and provides for investment and reinvestment of funds. The bill creates the Common Schools Legacy Fund. It provides for collection, apportionment and deposit of monies into the fund. It provides for investment and reinvestment of funds. The bill creates a subfund of the Oklahoma Legacy Fund designated as the Higher Education Legacy Fund. It requires the State Auditor and Inspector to conduct an audit of each fund every two years. It requires the gross production tax revenues provided therein be levied and be collected and apportioned for specific purposes. It provides the provisions therein not take effect until the first July 1 date immediately following an annual determination, to be made by the Office of Management and Enterprise Services and reported to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate, not later than April 15 or the first business day following such date, that the total collections for the General Revenue Fund of the state for the fiscal year ending on the June 30 date immediately preceding the April 15 date upon which the determination has been reported, were equal to or in excess of the total collections to the General Revenue Fund for the fiscal year ending June 30, 2014, as certified by the State Board of Equalization at its December 2014 meeting. It passed 63-10, but later Rep. Jon Echols moved the vote be rescinded without explanation and it was passed again 58-0.

-HB 1608, by Rep. John Enns and Sen. Anthony Sykes, authorizes peace officers to carry personal firearms under the Oklahoma Firearms Act of 1971. It passed 64-1.

-HB 2237, by Rep. Glen Mulready and Sen. Greg Treat, changes all references of the State and Education Employees Group Insurance Act to the Oklahoma Employees Insurance and Benefits Act. It modifies the duties of the Office of Management and Enterprise Services. It allows OMES to contract with one or more third-party vendors for purposes of offering alternative medical plans for consideration by participants. It stipulates the requirements of the plan. It passed 66-0.

-HB2932, by Rep. Glen Mulready and Sen. Adam Pugh, requires the Oklahoma Health Care Authority (OHCA) to seek Medicaid waiver authority to pursue modifications to Medicaid eligibility criteria so that receipt of SoonerCare coverage for certain Medicaid populations is conditional upon documentation of certain education, skills, training, work or job activities. It exempts Insure Oklahoma eligibility criteria from the requirement. The bill requires the SoonerCare eligibility modifications to include criteria for work or job activities as required for the Supplemental Nutrition Assistance Program (SNAP) and for a SoonerCare enrollee to comply with the work requirements in order to remain eligible for SoonerCare. It requires eligibility criteria exemptions to be the same as those for SNAP or Medicaid populations excluded pursuant to federal Medicaid laws and guidelines. It permits the state to adopt additional exemptions subject to agency rule-making and federal approval. It passed 53-23.

-HB 3225, by Rep. Jadine Nollan and Sen. Roger Thompson, requires the Oklahoma Tax Commission to make tax credit data available on its website, free of charge and downloadable. It sets minimum standards for what type of information must be disclosed about each tax credit. It passed 79-3.

-HB 3278, by Rep. Chris Kannady and Sen. Greg Treat, modifies requirements for the selection of motor license agents. It changes the authority to select motor license agents from the Legislature to the Oklahoma Tax Commission. It prohibits any person from being appointed as a motor license agent unless the person has attested under oath that the person is not related by affinity or consanguinity member of the Oklahoma Tax Commission. It passed 67-7.

-HB 3587, by Rep. Charles McCall and Sen. Mike Schulz, authorizes the governor to have the power to remove any gubernatorial appointments on any agency, board or commission at any time, notwithstanding any other provisions of law, in addition to any appointments created by expiring terms or vacancies provided by law. It exempts appoints provided for in the Constitution and requires a vacancy created to be filled as provided by law. It adds that if a gubernatorial appointment requires confirmation by the Senate, removal of the appointee would also require confirmation by the Senate. It provides that if the Governor removes such an appointee when the Legislature is not in session, such appointee may continue to serve pending confirmation by the Senate of the action to remove the appointee. The bill grants those same powers to the Speaker of the House and the Senate President Pro Temp for their respective appointments. It passed 59-26.

-HB3598, by Rep. Charles McCall and Sen. Greg Treat, requires the Agency Performance and Accountability Commission contract with the Attorney General, who will provide legal advice on any matter related to the powers and duties of the Commission. It passed 65-18. The emergency passed on the second vote 69-18.

Thursday, May 3, 2018 – Adjourned Sine Die

• The Senate adjourned the 2018 regular session sine die Thursday evening after spending the afternoon taking up and approving a series of bills:

-The Senate had adopted a resolution, SCR 21, which outlined a process by which the Senate and House would adjourn Thursday to the call the chair and not return to the Capitol again unless necessary. If they did not return, the resolution called for the session to adjourn automatically sine die May 14. The resolution was not adopted by the House. The Senate adjourned sine die at 7:22 p.m. Schulz, who is term-limited this year, made the motion which was adopted by a voice vote.

-SB 993, by Sen. A J Griffin and Rep. Harold Wright, requires the Department of Human Services and the law enforcement to conduct joint investigations of reports of alleged abuse, neglect, or exploitation of a vulnerable adult pursuant under provisions of the Protective Services for Vulnerable Adults Act in order to reduce potential trauma to the victim and to eliminate duplicative efforts. The bill expands relevant information to be gathered in the investigation to include other potential victims or witnesses. The bill also requires investigators be suitably trained with demonstrated competency in evidence-informed forensic interviewing techniques utilizing nationally-recognized forensic interview guidelines for elderly and incapacitated adults and individuals with intellectual disabilities. The bill requires interviews be conducted at the appropriate developmental age level of the victim. It also requires a reasonable effort be made to conduct interviews of vulnerable adult victims with an intellectual disability or diminished capacity at a child advocacy center, utilizing appropriate personnel and following protocols and procedures established for forensic interviews. The bill passed 43-0.

-SB 1338, by Sen. Stephanie Bice and Rep. Marcus McEntire, authorizes the holder of a brewer license to purchase wine in retail containers from the holder of a wholesaler license and to sell, offer for sale and possess wine for on-premises consumption. It authorizes the holder of a winemaker license to purchase beer in retail containers from the holder of a wholesaler, beer distributor, small brewer self-distributor or brewpub self-distributor license and to sell, offer for sale and possess beer for on-premises consumption. The bill passed 40-1.

-SB 1442, by Sen. Anthony Sykes and Sen. Eddie Fields and Rep. Tim Downing, removes timeframe requirements related to county jails reaching maximum capacity. The bill passed 42-0.

-SB 1150, by Sen. A J Griffin and Rep. Zack Taylor, requires a school employee who has reason to believe that a student is a victim of abuse or neglect to report the matter promptly to the Department of Human Services and to local law enforcement. It requires the reports be made via the department's anonymous hotline. The bill defines applicable terms. The bill requires the State Department of Education to promulgate necessary rules. The bill and its emergency clause passed 40-0.

-HB 1401, by Rep. John Montgomery and Sen. John Sparks, creates the Oklahoma Legacy Act and creates the Oklahoma Legacy Fund. It provides for collection, apportionment and deposit of monies into the fund and provides for investment and reinvestment of funds. The bill creates the Common Schools Legacy Fund. It provides for collection, apportionment and deposit of monies into the fund. It provides for investment and reinvestment of funds. The bill creates a subfund of the Oklahoma Legacy Fund designated as the Higher Education Legacy Fund. It requires the State Auditor and Inspector to conduct an audit of each fund every two years. It requires the gross production tax revenues provided therein be levied and be collected and apportioned for specific purposes. It provides the provisions therein not take effect until the first July 1 date immediately following an annual determination, to be made by the Office of Management and Enterprise Services and reported to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate, not later than April 15 or the first business day following such date, that the total collections for the General Revenue Fund of the state for the fiscal year ending on the June 30 date immediately preceding the April 15 date upon which the determination has been reported, were equal to or in excess of the total collections to the General Revenue Fund for the fiscal year ending June 30, 2014, as certified by the State Board of Equalization at its December 2014 meeting. It requires the provisions therein be operative for any fiscal year beginning July 1 if the revenue conditions are fulfilled as reported by the Office of Management and Enterprise Services. It requires that the provisions of this act not be operative as law for any fiscal year beginning July 1 if the revenue conditions described by subsection A of this section are not fulfilled as reported by the Office of Management and Enterprise Services. The bill passed 41-0.

-HB 2259, by Rep. Dell Kerbs and Sen. Ron Sharp, specifies that teachers of children under the age of 18 are mandatory reporters of suspected child abuse or neglect. It requires reports by teachers and students, 18 years or older, who suspect a child is being abused or neglected be submitted immediately. The bill passed 41-0.

-HB 2631, by Rep. Greg Babinec and Sen. Micheal Bergstrom, R-Adair, investigating the possible inclusion in a federally-funded pilot program sponsored by the Federal Communications Commission relating to the use of cellular and electronic communication devices within the statewide network of prisons in Oklahoma to the duties of the Department of Corrections' Director. The bill also updates statutory references. The bill passed 42-0.

-HB 2932, by Rep. Glen Mulready and Sen. Adam Pugh, requires the Oklahoma Health Care Authority (OHCA) to seek Medicaid waiver authority to pursue modifications to Medicaid eligibility criteria so that receipt of SoonerCare coverage for certain Medicaid populations is conditional upon documentation of certain education, skills, training, work or job activities. It exempts Insure Oklahoma eligibility criteria from the requirement. The bill requires the SoonerCare eligibility modifications to include criteria for work or job activities as required for the Supplemental Nutrition Assistance Program (SNAP) and for a SoonerCare enrollee to comply with the work requirements in order to remain eligible for SoonerCare. It requires eligibility criteria exemptions to be the same as those for SNAP or Medicaid populations excluded pursuant to federal Medicaid laws and guidelines. It permits the state to adopt additional exemptions subject to agency rule-making and federal approval. The bill passed 35-8.

-SCR 21, by Sen. Mike Schulz and Rep. Charles McCall, permits the House or Senate, after adjournment of each chamber May 3, to reconvene at any time prior to 5 p.m. May 14 upon the mutual agreement of the Senate President Pro Tempore and the House Speaker, provided members are provided at least 24 hours’ notice. It grants each chamber permission of the opposite to chamber to be adjourned for more than three days, beginning May 3 and ending no later than 5 p.m. May 14. It requires each chamber to adjourn sine die not later than 5 p.m. May 14 if they reconvene. It provides if the chambers do not reconvene prior to May 14 the Legislature will be deemed to adjourn sine die at 5 p.m. May 14. The resolution was not taken up by the House.

-SR 30, by Sen. Mike Schulz, authorizes the Senate President Pro Tempore to hire necessary employees to conduct the business and protect the property of the Senate during the 2018 legislative interim. It prohibits private organizations, state agencies or departments or their employees from using space under the Senate's control without the pro tempore's consent. It authorizes the pro tempore to provide for needed repairs and renovations to space in the Capitol under the control of the Senate and to equipment and furnishings in such space, and to purchase needed equipment, supplies, furniture, furnishings and fixtures for such space, and to approve related claims. It authorizes the pro tempore to appoint Senate members to interim committees. It authorize the pro tempore to approve claims of members and employees of the Senate for reimbursement of expenses incurred while engaged in official business during the interim as directed by the pro tempore according to law.

-SB 1140, by Sen. Greg Treat and Rep. Travis Dunlap, prohibits a private child-placing agency from being required, to the extent allowed by federal law, to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies. The bill also prohibits the Department of Human Services from denying an application for an initial license or renewal of a license or revoking the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. It prohibits a state or local government entity from denying a private child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. It provides that the refusal of a private child-placing agency to perform, assist, counsel, recommend, consent to, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies will not form the basis of a civil action. The bill passed 33-7. It would have to be passed again by the House before it could go to Gov. Mary Fallin for her consideration.

• The House approved the following measures on Thursday before adjourning Sine Die.

-CCR on SB 1140, by Sen. Greg Treat and Rep. Travis Dunlap, prohibits a private child-placing agency from being required, to the extent allowed by federal law, to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies. The bill also prohibits the Department of Human Services from denying an application for an initial license or renewal of a license or revoking the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. It prohibits a state or local government entity from denying a private child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. The bill passed on a vote of 56-21.

-JCR for SB 1585, by Sen. Eddie Fields, Sen. Kim David, Rep. Dennis Ray Casey and Rep. Kevin Wallace, creates several income tax credits designed to incentivize qualified employers and employees in the vehicle manufacturing industry. It limits the credits to vehicle manufacturing companies placed in operation in Oklahoma after the effective date of the act and engineers employed by such firms. It provides specifics for the tax credits as well as qualifiers. It sets caps for the tax credits. The measure passed on a vote of 61-20.

-HB 2691, by Rep. Travis Dunlap and Sen. Adam Pugh, requires an advisory committee of representatives of child care facilities to designate two people to serve on the Department of Human Services' Stars Administrative Review Panel and at least one designee by the owner or operator of a licensed child care center. The bill passed on a vote of 56-14 but its emergency failed on the same vote.

-HB 2631, by Rep. Greg Babinec and Sen. Micheal Bergstrom, modifies the powers and duties of the Director of the Department of Corrections. It modifies employment qualifications and duties for correctional officers. It requires the director to issue an identification card to each correctional peace officer that identifies the person as a correctional peace officer and grants the person the authority to carry a firearm and make arrests. It requires the return of thee identification card under specified circumstances. It requires the director to develop and implement a basic course of instruction for correctional officers and outlines the requirements for the course. It requires the development and implementation of annual in-service training for correctional officers and outlines the requirements for thee training. It authorizes the director to authorize other employees of the Department to carry firearms anywhere in the state. It authorizes the director to enter into contracts with media or film production companies to shoot at property under the control of the Department and requires any funds received to be deposited into the Department of Corrections Revolving Fund. The conference committee report restoring the original language of the bill was adopted and the House passed the measure 62-27.

Other News

• On Monday, Governor Mary Fallin signed the Fiscal Year 2019 budget bill (Senate Bill 1600) into law, which includes historic teacher pay raises and increases for public schools as well as criminal justice reform measures that she recently signed into law. The $7.6 billion budget puts significantly more money toward education, mental health services, and public safety.

The governor said the budget includes many of the priorities she has called for in her annual State of the State address to lawmakers the past three years. Core services of state government are prioritized throughout the budget. It provides for a teacher pay raise and additional funding for public schools as well as increased funding for mental health and corrections to implement criminal justice reform measures. The legislation also includes additional revenue growth to put Oklahoma on a stable foundation, and reduces reliance on one-time funds.

The approved budget includes a 19.8 percent increase for common education, the largest appropriation for public schools in state history. The appropriation includes $353 million to fund teacher pay raises that average $6,100 per teacher, which move Oklahoma teacher from last in the seven-state region to second for average annual pay, and from 49th in the nation to 29th. When taking into account the cost of living, Oklahoma teachers will be the 12th-highest-paid in the country. It also has $52 million for support personnel pay raises, $24 million for flex health benefits; $33 million for textbooks, and $17 in new funding for the school funding formula.

For the first time in years, no agency is receiving a cut. Fallin said the budget provides a long-term solution to the re-occurring budget deficits and helps reduce the reliance on one-time funds.

• State lawmakers at the Capitol on Monday honored Oklahoma Department of Corrections employees and a volunteer for bravery and exemplary service to the state.
Lawmakers gave standing ovations to 14 ODOC employees and one volunteer on the floor of the State House and Senate. In the Senate, Sens. Wayne Shaw, R-Grove, and Jack Fry, R-Midwest City, sponsored the resolutions honoring employee award winners. In the House, Reps. Bobby Cleveland, R-Slaughterville, and Greg Babinec, R-Cushing, sponsored the resolutions.

The state’s fifth-largest agency honored its staff and volunteers last November at its annual awards ceremony. They include Employee of the Year Michele Minietta, Assistant General Counsel; Teacher of the Year Sherri Toole, Oklahoma State Reformatory; and Nurse of the Year Jody Miller, L.P.N., from William S. Key Correctional Center. Other employees received accolades for bravery, quick thinking and leadership, including Sgts. Larry Henson and Chris Thompson from Joseph Harp Correctional Center. The two men are credited with helping save the life of an inmate who had cut his own throat. Others include seven Oklahoma State Penitentiary staff who saved the life of an inmate who tried to hang himself.

Also honored were:

-Sgt. Ty Hull, Mabel Bassett Correctional Center – Oklahoma Department of Corrections Special Commendation

-Capt. Mike McMillen, Joseph Harp Correctional Center – Oklahoma Department of Corrections Special Commendation Award

-Mark Kent, David Orman, Jr., Christe Quick, Wade Ranes, Chelsea Ronk, Adrian Rouse, and Dana Wilson of Oklahoma State Penitentiary Oklahoma – Oklahoma Department of Corrections Special Commendation Award

-Lt. Tyler Broussard, Jim E. Hamilton Correctional Center – Meritorious Service Award

-Sgt. Tammy Werner, Dick Conner Correctional Center – Correctional Officer of the Year

-Lt. Bryan Cox, Eddie Warrior Correctional Center – Correctional Officer Supervisor of the Year

-Cassandra Wylie from Northwest District Probation and Parole – Probation and Parole Officer of the Year

-Christie Luther, The RISE Program – Agency Volunteer of the Year

-Peaceful Animal Adoption Shelter of Vinita – the Volunteer Organization of the Year

• Attorney General Mike Hunter announced this week his office has joined a coalition of 17 state attorneys general to defend the housing allowance religious leaders receive from the federal government. In a brief, supporting an appeal filed by clergy members and churches, the attorneys general ask the Seventh Circuit Court of Appeals to reverse an October 2017 judgment that declared the parsonage allowance unconstitutional.
The original lawsuit was filed in 2011 by the atheist group Freedom from Religion Foundation. In its petition, the group claims the tax exemption for housing allowances violates the establishment clause of the First Amendment.

Attorney General Hunter said the tax exemption is vital to communities and religious leaders. In the brief, the attorneys general write that the exemption is constitutional and has been accepted by the colonies, the early states, Congress and the Supreme Court and is still practiced today. The attorneys general also express concern that if the ruling isn’t overturned other tax exemptions offered to religious groups will become exposed to potential lawsuits, such as exemptions for sales tax, state income-tax and real property.

In addition to Oklahoma Attorney General Mike Hunter, the brief was signed by attorneys general of Arizona, Arkansas, Colorado, Georgia, Indiana, Kansas, Louisiana, Missouri, Nebraska, Ohio, South Carolina, Texas, Utah, West Virginia, Wisconsin and Michigan.