Monday, April 9, to Friday, April 12, 2018

Monday, April 9, 2018

 

• The teacher walkout entered its sixth day and second week Monday. Teachers, parents and students from districts across the Oklahoma City metro area walked to the Capitol, shutting down lanes of highways while others continued their walk from Tulsa to the statehouse.

There were multiple reports that Monday's crowd outside the Capitol appeared even larger than crowds the week before. Teachers were joined inside the Capitol by a second student rally inside the building and 100 female lawyers also met with representatives and senators advocating for increased education funding and long-term changes to the education funding system.

The Oklahoma State Department of Education offered a week extension to the Oklahoma School Testing Program schedule. The one-week extension applies to federally mandated assessments means the testing window for grade 3-8 general assessments and grade 11 science assessments, according to the release.

• Sen. David Holt took a moment of personal privilege on the Senate floor Monday afternoon, commemorating his last day as a state senator before transitioning to his new role as mayor of Oklahoma City. Holt, R-Oklahoma City, opened by thanking his Senate colleagues, as well as the educators and their supporters in the Senate gallery for the ongoing teacher and state employee walk out. He commended the courage displayed on the Senate floor in recent weeks, referencing the vote on HB 1010XX specifically. Holt's swearing in ceremony took place the next day.

• The Senate also quickly advanced several bills on Monday, including:

-HB 2515, by Rep. Randy McDaniel and Sen. Marty Quinn, modifies statutory references related to forfeiture of retirement benefits as established in the Oklahoma Police Pension and Retirement System. It requires all benefits payable from the system, including payments from the deferred option plans, to be paid from the general assets of the fund. The bill passed 45-0.

-HB 2517, by Rep. Randy McDaniel and Quinn, requires all benefits payable from the Oklahoma Law Enforcement Retirement System, including payments from the deferred option plans, to be paid from the general assets fund. It passed 46-0.

-HB 3037, by Rep. Dale Derby and Sen. Ervin Yen, permits epinephrine auto-injectors to be prescribed to and administered by an authorized individual. It passed 46-0.

-HB 3234, by Rep. Lewis Moore and Sen. Marty Quinn, removes the requirement that vision plan providers submit information requested by the Office of Management and Enterprise Services no later than July 1 every three years. The bill authorizes OMES to reject excess offerings based upon failures to meet bid requirements or for providing lesser value for the State of Oklahoma when the number of vision companies submitting offerings exceeds the amount permitted. It and its emergency passed 46-0.

-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 43-3.

-HB 3430, by Rep. John Pfeiffer and Sen. Marty Quinn, consolidates multiple statutes relating to storage tanks, antifreeze, inspections and compensation for petroleum storage tank releases into a single act, to be administered by the Petroleum Storage Tank Division of the Corporation Commission. It passed 40-6.

-HB3581, by Rep. Charles McCall and Sen. Ervin Yen, amends the duties of the Office of Accountability Systems of the State Department of Health. The bill passed 46-0.

• Members of the Senate Retirement and Insurance Committee met on Monday afternoon and approved the following legislation:

-HB 1340, by Rep. Randy McDaniel and Sen. Greg Treat, requires the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Police Pension and Retirement System, the Uniform Retirement System for Justices and Judges, the Oklahoma Law Enforcement Retirement System, the Teachers' Retirement System of Oklahoma and the Oklahoma Public Employees Retirement System to make one-time payments to retired members of the system meeting provided criteria. The bill passed 6-1.

-HB 3244, by Rep. Lewis Moore and Sen. Bill Brown, repeals the Oklahoma Individual Health Insurance Market Stabilization Act. Passed with the title stricken and a vote of 6-0.

-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.

-CS to HB 2537, by Rep. Tammy West and Sen. Tom Dugger, with title stricken, requires every assisted living center to have available for inspection by the State Department of Health policies and procedures that determine how required heating and cooling of the facility will be maintained during an emergency situation, as necessary, to meet residents' needs in the event of a loss of the primary power source. It requires any newly licensed assisted living center, as of November 1, 2019, to comply with this requirement.

-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.

-CS for HB 2858, by Rep. Tammy West and Sen. Adam Pugh, with the enacting clause stricken, modifies the procedures for notification in relation to voluntary adoption placement when a child is taken into emergency custody under the Oklahoma Children's Code.

-HB 2881, by Rep. Josh West and Sen. Greg Treat, with title restored, 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.

-HB 2931, by Rep. Glen Mulready and Sen. A J Griffin, with title stricken, requires electronic prescribing of drugs on Schedules II, III, IV and V. It exempts from the requirement for electronic prescribing a person licensed to practice veterinary medicine, a practitioner who experiences temporary technological or electrical failure or other extenuating circumstance that prevents the prescription from being transmitted electronically, provided that the practitioner documents the reason for this exception in the medical record of the patient, 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 hospital, nursing home, hospice facility, outpatient dialysis facility or residential care facility, or a practitioner who writes a prescription to be dispensed by a pharmacy located on federal property, provided, that the practitioner documents the reason for this exception in the medical record of the patient.

-CS for HB 2958, by Rep. Todd Thomsen and Sen. Lonnie Paxton, with enacting clause stricken, changes the ratios for nursing facilities subject to the Nursing Home Care Act starting January 1, 2020. It disbands the Oklahoma Nursing Facility Funding Advisory Committee. It requires the Oklahoma Health Care Authority, no later than January 1, 2019, to implement a direct care focused payment methodology.

-CS for HB 3104, by Rep. Pat Ownbey and Sen. A J Griffin, requires health care professionals to report newborns that are substance affected, complying with federal law. It adds a definition of "plan of safe care" that is developed by Department of Human Services 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," meant to established by a judge with jurisdiction over juvenile court matters with the goals of reducing time to permanency of children 36 months of age or younger by surrounding at-risk families with support services, reducing incidences of repeat maltreatment and promoting effective interaction and the use of resources. It requires the Department of Human Services, Department of Mental Health and Substance Abuse Services and the Administrative Offices of the Courts to collaborate to provide services to the programs as resources are available.

-HB 3289, by Rep. John Enns and Sen. Frank Simpson, with title stricken, 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.

-HB 3328, by Rep. Marcus McEntire and Sen. Adam Pugh, as amended, 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. The amendment requires the Attorney General chair the commission. It provides no reimbursement for travel for members.

-CS for HB 3335, by Rep. Sean Roberts and Sen. Ervin Yen, prohibits meetings of regional trauma advisory board where patient care reviews of time-sensitive medical conditions from being conducted in public, exempting them from the provisions of the Oklahoma Open Meeting Act. It requires reports and materials generated at such meetings from being confidential and not subject to the Oklahoma Open Records Act. It requires proceedings and records of patient care reviews of time-sensitive medical conditions to be confidential and not subject to disclosure by subpoena or otherwise. It allows such records and proceedings to be used by the regional trauma advisory boards, and the State Commissioner of Health only in the exercise of proper quality review functions to improve trauma patient care.

-HB 3400, by Rep. Cory Williams and Sen. Jason Smalley, as amended, sets hearing and notice requirements for licensing actions under the Oklahoma Child Care Facilities Licensing Act.

-HB 3557, by Rep. Mark Lawson and Sen. Adam Pugh, requires Department of Human Services to explore and recommend methods and necessary funding to pursue pay-for-performance contracts with education and training case management support vendors based on outcome improvements, contingent upon available state funding.

-CS for 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 Senate Education Committee met on Monday and advanced the following legislation:

-HB 2009, by Rep. Michael Rogers and Sen. Josh Brecheen, requires the State Department of Education to annually publish on its website within one click of the homepage a report that lists all increases in wages, salaries, rates of pay or fringe benefits, and any changes to job class, excluding changes that did not result in an increase in pay beginning with the 2018-19 school year. It requires the Department to publish the information within 60 days following the submission of personnel reports certified on October 15 and July 15. The bill passed as amended with a vote of 8-3.

-HB 3311, by Rep. Rhonda Baker and Sen. Micheal Bergstrom, modifies state subject matter standards for history, social studies, and U.S. Government by including the content of the U.S. naturalization test. It requires the test be available in physical and electronic formats as an optional assessment tool for teachers. It removes U.S. Government from the U.S. History assessment, but requires the assessment emphasize civics. The bill passed 8-3.

-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 measure passed 11-0.

-HB 3309, by Rep. Rhonda Baker and Sen. Stephanie Bice, requires the State Department of Education to administer an induction program for teachers to provide support, mentorship and coaching to educators at the beginning of their careers or as they transition to new roles within a school or district. It defines applicable terms and establishes induction program guidelines. It passed 10-1.

-HB 3471, by Rep. Donnie Condit, Rep. John Jordan, and Sen. Anastasia Pittman, requires the United States history component required in social studies curriculum for all students to include information about Junteenth commemorating emancipation of enslaved African Americans. Pittman presented the bill, which was amended by Bergstrom to change the date Junteenth would be celebrated from the third Monday in June to the third Saturday in June. It passed 12-0.

• The Senate General Government Committee met Monday and advanced the following measures:

-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.

-HB 1155, by Rep. Charles McCall and Sen. Greg Treat, requires the Office of Management and Enterprise Services to file a quarterly report with the Offices of the Governor, President Pro Tempore of the Senate, and Speaker of the House of Representatives listing, by agency, all increases in wages or changes in title or classification of each employee.

-HB 2629, by Rep. Greg Babinec and Sen. Tom Dugger, modifies the procedure for filing and retaining purchase orders in relation to the county purchasing procedure.

-HB 2661, by Rep. Chuck Hoskin and Sen. John Sparks, changes the date of "Oklahoma Native American Day" to the second Monday in October.

-HB 2676, with title stricken, by Rep. Kevin West and Sen. James Leewright, modifies retainage on specified public contracts as they relate to the Public Competitive Building Act of 1974.

-HB 3318, by Rep. Scott Fetgatter and Sen. Stephanie Bice, allows for the sale of any equipment by the board of county commissioners to sell real property, upon majority vote, without any bidding procedure or auction, directly to any person or entity for an amount that is less than market value of the property if there are no bids submitted. It requires that if no bids are submitted or all bids are less than the market value of the real property after 15 days from the date of the second publication of notice of sale, a board of county commissioners have the right to sell real property, upon majority vote, without bidding procedure or auction directly to any person or entity for an amount that is not less than the highest bid previously submitted through any previous bidding procedures provided therein.

-HB 3376, by Rep. Kevin Wallace and Sen. Casey Murdock, adds the Commissioners of the Land Office to the list of agencies' vehicles exempted oversight by the Office of Management and Enterprise Services' Fleet Management Division.

-CS for HB 3473, by Rep. John Jordan and Sen. Mike Schulz, declares "I Can Only Imagine" by Mercy Me to be the official inspirational song of the State of Oklahoma. The committee substitute adds the song's lyrics to statute and it removes the repeal of language in the original bill that prohibits printing or lettering on U.S. flags.

• House members met on Monday, approving the following bills:

-SB 898, by Sen. Roger Thompson and Rep. Greg Babinec expands the discussions allowed in public bodies' executive sessions to include matters involving safety and security at state penal institutions or correctional facilities used to house state inmates and contract negotiations involving contracts for which the public body has the duty to approve. It limits who can attend the executive sessions to board members, their staff and attorney and prohibits anyone who would benefit from the contract. The bill passed 51-43. Babinec served notice he may ask the vote be reconsidered. The emergency clause failed 30-31, when it was clear it would not receive the two-thirds vote necessary for approval.

-SB 830, by Sen. A J Griffin and Rep. Pat Ownbey, requires the Director of Human Services take appropriate steps to ensure rules and policies are promulgated to conduct appropriate background searches of individuals both prior to and, if necessary, during their employment with the Department of Human Services. It requires the job categories within the agency subject to background searches prior to employment be determined at the Director's discretion. It specifies the scope of said background checks. The bill passed 92-0.

-SB 880, by Sen. Ron Sharp and Rep. Dell Kerbs, changes entity responsible for the application process for a legislatively designated STEM Community or STEM Region from the Coalition for the Advancement of Science and Mathematics Education in Oklahoma (CASMEO) to the Department of Career and Technology Education. The bill and its emergency clause passed 91-2.

-SB 972, by Sen. Frank Simpson and Rep. Pat Ownbey, requires the Oklahoma Health Care Authority to examine the feasibility of a state plan amendment to the Oklahoma Medicaid Program for diabetes self-management training (DSMT). It requires the authority to submit by Dec. 1, 2018, a report to the Senate President Pro Tempore, the House Speaker and the Governor estimating the potential costs to the state, clinical findings, reviews of pilot projects and research from other states on the effects of DSMT on persons with a diabetes diagnosis. It requires, beginning July 1, 2019, the authority draft a state plan amendment for DSMT for persons with a diabetes diagnosis if the report demonstrates DSMT to be evidence-based and essential to qualifying participants in the Oklahoma Medicaid Program. It defines the term "diabetes self-management training (DSMT)" to mean the process of facilitating the knowledge, skill and ability necessary for diabetes self-care and provides the process requires incorporating the patient's unique needs and experiences into an individualized education and support plan that promotes new behaviors and solutions, including, but not limited to, healthy eating, physical activity, self-monitoring and medication use. The bill passed 91-2

-SB 1492, by Sen. Chris Kidd and Rep. Kyle Hilbert, requires hot water supply heaters to receive certification annually, if possible, but biennially as a minimum. It exempts tankless hot water heaters from inspection requirements. The bill passed 89-4.

• The House A&B committee convened on Monday and approved the following measures.

-SB 888, by Sen. Josh Brecheen and Rep. Jeff Coody, previously terminated the retailer ethanol tax credit on Nov. 1. The amendment to the bill would end the refundibility of tax credits for electricity generated by wind for tax years after January 1, 2019. The committee voted 15-11 to adopt the amendment and then voted 14-12 to pass the bill.

-SB 1015, by Sen. Gary Stanislawski and Rep. Chad Caldwell, removes references in the State Aid Formula to the Salary Incentive Aid and the Transportation Supplement. The bill also removes references to transportation supplement data. It amends the calculation of weighted membership. The enacting clause was stricken from this measure and it passed out of committee 26-0.

-SB 1198, by Sen. Gary Stanislawski and Rep. Tammy West, modifies the weight assigned to each grade level in the calculation of Foundation Aid. It passed 26-0.

-SB1339, by Sen. Kim David and Rep. Josh Cockroft, requires the Tax Commission to promulgate rules for a system under which the license plate is registered to an individual and not a vehicle for all license plates issued on or after Jan. 1, 2019. The bill establishes procedures for the purchase and transfer of license plates. The title was stricken and it passed 24-2.

-SB1488, by Sen. Chris Kidd and Rep. Kevin Wallace, creates the land legacy lifetime license for all legal resident landowners for use on the property for which the license is purchased. It allows for transfer of the license after one year and for the landowner to purchase more than one license. It passed 25-1 with title stricken.

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

-SB 1078, by Sen. A J Griffin and Rep. Tim Downing, adds Fentanyl and its analogs and derivatives to the list of substances to which provisions of the Trafficking in Illegal Drugs Act apply. It provides a person found guilty of trafficking a one gram or more mixture containing fentanyl or carfentanil, or any fentanyl analogs or derivatives will be punished by a fine not less than $100,000 and not more than $500,000. The bill takes effect Nov. 1.

- HB 2775, by Rep. Mike Osburn and Sen. Adam Pugh, sets the interest rate for proceeds from an oil and gas lease not paid due to unmarketable title at the prime interest rate reported in the Wall Street Journal. It allows a lease holder of proceeds, when they have not been provided an affidavit of death and heirship, to elect to interplead the proceeds and all accrued interest into court for a determination as to who entitled to them. It takes effect Nov. 1.

Tuesday, April 10, 2018

The Senate met on Tuesday and approved the following bills:

-HB 1124 by Rep. Kyle Hilbert and Rep. James Leewright, expands the scope of the zone of safety restrictions and residency restrictions which are applied to persons subject to the provisions of the Sex Offender Registration Act to include the residence of the victim. The person subject to the restrictions is prohibited from loitering within 1,000 feet of the residence of the victim. The measure passed 44-0.

-HB 2522, by Rep. Randy McDaniel and Rob Stanislawski, appropriates $6 million in federal funds to the Employment Security Administration Fund for the administration of the Employment Service Program and Unemployment Insurance Program. The measure passed 31-11.

-HB 2552, by Rep. Pat Ownbey and Sen. A J Griffin, establishes certain rights for children in DHS custody with regard to their placement, safety, privacy, communication, and personal growth. The measure also directs DHS and child placing agencies to develop grievance procedures for children in custody. The measure passed 45-0.

-HB 2917, by Rep. Jeff Coody and Sen. Larry Boggs, modifies the identification requirements for proof of residency in game and fish statutes. The measure was approved by a vote of 45-0.

-HB 3416, by Rep. John Pfeiffer and Sen. Larry Boggs modifies the Oklahoma Limitation of Liability for Farming and Ranching Act by removing the provisions that cap an entrance fee at $10. The bill was approved by vote of 45-0.

-HB 3417, by Rep. John Pfeiffer and Sen. Larry Boggs, replaces the Eastern Red Cedar Registry Board with the Eastern Redcedar Management Act, and transfers duties from the board to the Oklahoma Department of Agriculture, Food and Forestry, the Oklahoma Conservation Commission, and USDA Natural Resources Conservation Service. The measure also repeals the Citizens’ Auxiliary Group and a section directing ODAFF to provide support and funding to the board when available. The measure was approved 41-4.

• Also in Tuesday’s session, the following executive norminations were heard:

-Perry Mark Barton, Collinsville, to the Environmental Quality Board, to serve a five-year term ending January 31, 2023, succeeding John Wendling. (Energy Committee) Motion to confirm made by Senator Marty Quinn.

-Bryan D. Cain, Wewoka, to the Board of Regents of Seminole State College, to serve a seven-year term ending July 1, 2025, succeeding himself. (Education Committee) Motion to confirm made by Senator Jason Smalley.

-Dr. Gerard P. Clancy, Tulsa, to the Oklahoma Science and Technology Research and Development Board, to serve a four-year term ending June 30, 2022, succeeding himself. (Energy Committee) Motion to confirm made by Senator Gary Stanislawski.

-Jodi R. Cline, Ponca City, to the Board of Regents for the Northern Oklahoma College, to serve a five-year term ending June 30, 2023, succeeding Linda J. Brown. (Education Committee) Motion to confirm made by Senator Eddie Fields.

-Samuel Combs III, Bixby, to the Board of Regents of the Tulsa Community College, to serve a seven-year term ending June 30, 2025, succeeding himself. (Education Committee) Motion to confirm made by Senator Joe Newhouse.

-F. Thomas Cordell, Edmond, to the Board of Regents of the University of Science and Arts of Oklahoma, to serve an unexpired term ending June 30, 2022, succeeding G. T. Bynum. (Education Committee) Motion to confirm made by Senator Adam Pugh.

-David Humphrey, Tulsa, to the Oklahoma Science and Technology Research and Development Board, to serve a four-year term ending June 30, 2022, succeeding himself. (Energy Committee) Motion to confirm made by Senator Joe Newhouse.

-Juanita Krittenbrink, Okarche, to the Board of Regents for Redlands Community College, to serve a seven-year term ending April 22, 2025, succeeding herself. (Education Committee) Motion to confirm made by Senator Darcy Jech.

-Rick J. Moore, Oklahoma City, to the Board of Regents for Oklahoma City Community College, to serve a seven-year term ending April 22, 2025, succeeding himself. (Education Committee) Motion to confirm made by Senator Anthony Sykes.

-Tim Munson, Oklahoma City, to the Environmental Quality Board, to serve a five-year term ending January 31, 2023, succeeding himself. (Energy Committee) Motion to confirm made by Senator Greg Treat.

-Matthew Newman, Tulsa, to the Oklahoma Science and Technology Research and Development Board, to serve a four-year term ending June 30, 2022, succeeding himself. (Energy Committee) Motion to confirm made by Senator Gary Stanislawski.

-Dianne Owens, Lawton, to the State Board of Corrections, to serve an unexpired term ending March 15, 2021, succeeding Irma Newburn. (Public Safety Committee) Motion to confirm made by Senator Randy Bass.

-Scott Thompson, Oklahoma City, to the Arkansas-Oklahoma Arkansas River Compact Commission, to serve a four-year term ending January 1, 2022, succeeding himself. (Energy Committee) Motion to confirm made by Senator Adam Pugh.

-Michael C Turpen., Oklahoma City, to the Oklahoma State Regents for Higher Education, to serve a nine-year term ending May 16, 2027, succeeding himself. (Education Committee) Motion to confirm made by Senator Kay Floyd.

Wednesday, April 11, 2018

• The House Utilities Committee advanced the following bills on Wednesday:

-SB 997, by Sen. Dave Rader and Rep. Todd Thomsen, clarifies the definition of an underground facility in the Underground Facilities Damage Prevention Act. It specifies that pipelines carrying gas, hazardous liquid or carbon dioxide, as described in certain sections of the Code of Federal Regulations, are regulated therein.

-CS for SB 1388, by Sen. Greg Treat and Todd Thomsen, creates the Oklahoma Small Wireless Facilities Deployment Act. It establishes processes and procedures for installation by a wireless service provider of small wireless facilities and utility poles in rights-of-way. It authorizes a wireless provider the right to locate small wireless facilities and install, maintain, modify, operate and replace utility poles along, across, on, or underneath rights-of-way. It prohibits a municipal electric authority from entering into an exclusive arrangement with a person for use of rights-of-way for collocation of small wireless facilities or utility poles. It requires a wireless provider to comply with reasonable and nondiscriminatory requirements prohibiting communication service providers from installing structures in rights-of-way in areas designated solely for underground or buried cable and facilities. The bill passed on a vote of 10-1.

• The Senate gave its approval Wednesday to several measures, including:

-FS for HB 3407, by Sen. Mark Allen, modifies the definition of the term "excavate" to include any individual who has called the Oklahoma One-Call System (Okie) before digging on their own property. The bill passed 39-5.

-HB 2635, by Rep. Greg Babinec and Sen. Wayne Shaw, prohibits the Motor Vehicle Report, as collected by the Department of Public Safety, from being deemed a "public civil record" and not subject to expungement. The bill passed 42-0.

-HB 2651, by Rep. Steven Vaughan and Sen. Frank Simpson, requires the course of study training students for specified commercial licenses to include training on the recognition, prevention and reporting of human trafficking. It provides for regular review and updating of the content included in the training as well as specified collaboration in developing it. It requires the publication content on the training in a manner that is likely to be read by holders of or people training to obtain certain commercial licenses. The bill passed 42-0.

-HB 2860, with title restored, by Rep. Tammy West and Sen. Gary Stanislawski, requires the State Department of Education to include superintendents' total compensation package on the Oklahoma Cost Accounting System. The bill passed 42-0.

-HB 2911, by Rep. Mickey Dollens and Sen. Adam Pugh, creates the Work-based Learning Program. It grants the Governor's Council on Workforce and Economic Development authority over the Program. It requires the Governor's Council to initiate and coordinate the program by creating partnerships with the State Department of Education, the State Regents for Higher Education, the State Department of Career and Technology Education and business entities throughout the state. The bill passed 41-0.

-HB 2625, by Rep. Kevin West and Sen. Micheal Bergstrom, clarifies reference to carrying a firearm in the state to throughout the state.

-HB 3092, by Rep. Josh Cockroft and Sen. Dave Rader, creates the Office of Accountability Act of 2018. It creates the Office of Accountability within the Legislative Services Bureau. It states the purpose of the office is to assist the Legislature in performing its constitutional and statutory function of ensuring government funds are expended in a fiscally responsible manner. The bill provides the Office of Accountability will be made up of 15 staff members appointed by a mutual agreement between the House Speaker and the Senate President Pro Tempore. The bill establishes the office's duties. The bill requires compensation for the staff will be set by a mutual agreement between the House Speaker and President Pro Tempore. The bill requires agencies, boards and commissions to comply with requests from the Office of Accountability.

-HB 3220, by Rep. Jadine Nollan and Sen. Jason Smalley, authorizes the State Board of Career and Technology Education to develop a certification system for teachers and instructors who teach in technology center school districts. It requires such a system to be competency-based. It requires the Board to promulgate rules.

-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.

• The Senate Appropriations Committee met Wednesday and approved the following bills:

-HB 1155, by Rep. Charles McCall and Sen. Greg Treat, requires the Office of Management and Enterprise Services to file a quarterly report with the Offices of the Governor, President Pro Tempore of the Senate, and Speaker of the House of Representatives listing, by agency, all increases in wages or changes in title or classification of each employee.

-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.

-CS for HB 1280, by Rep. Kevin Wallace and Sen. James Leewright, establishes powers of the Constructions Industries Board. It requires all contracts approved to be subject to the Open Meeting Act. The bill allows funds in certain revolving funds to be transferred to a separate Skilled Trade Education and Workforce Development Fund. The committee substitute originally was adopted by the Senate Business, Commerce and Tourism Committee.

-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 sub fund 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.

-CS for HB 2630, by Rep. Greg Babinec and Sen. Roger Thompson, 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. The Senate Public Safety Committee originally adopted the bill's committee substitute.

-HB 2631, by Rep Greg Babinec and Sen. Jack Fry, modifies the powers and duties of the Director of the Department of Corrections (DOC) by removing requirements that appointed wardens have a bachelor's degree and six years of professional work experience in corrections. It removes the requirement that correctional officers graduate from an approved training course prior to or during the first six months of employment. It allows the Director to designate certain correctional officers as employees who may carry firearms. It requires the Department to develop and implement a basic training academy consisting of at least 200 hours of instruction and a firearms course of 20 hours of instruction. It allows the Director to enter into contracts with media or film production companies to allow the Department to authorize a media or film production company to shoot commercial films at penal institutions.

-HB 2798, by Rep. Tim Downing and Sen. A J Griffin, creates the Opioid Overdose Fatality Review Board and sets up duties and responsibility of the board in reviewing opioid deaths across the state.

-CS for HB 2932, by Rep. Glen Mulready and Sen. Adam Pugh, prohibits an individual from being eligible to participate in Medicaid unless they are: working 20 hours or more per week, averaged monthly; participating in and complying with the requirements of a work program 20 hours or more per week; volunteering 20 hours or more per week; meeting any combination thereof or participating and complying with the requirements of a workfare program. It sets new exemptions for the Medicaid work requirements described therein. It requires the Oklahoma Health Care Authority to submit any state plan amendment or waiver needed to implement the provisions therein. It requires the Oklahoma Health Care Authority (OHCA) and Department of Human Services (DHS) to promulgate rules. The committee substitute resulted from an amendment adopted by the Senate Health and Human Services Committee.

-HB 3209, by Rep. Mark Lepak and Sen. Greg Treat, transfers the authority to appoint the Director of Corrections from the State Board of Corrections to the Governor, with the advice and consent of the Senate. It designates the Board as an advisory body to the Director and transfers its duties and powers to the Director. It provides for the determination of compensation. It requires the Director to adopt rules and regulations and allows them to adopt an official seal for the Department. It modifies the duties and responsibilities of the Director.

-HB 3042, by Rep. Chris Kannady and Sen. Frank Simpson, allows the Department of Veterans Affairs to develop and construct a long-term care facility for the purpose of assuming the operations of the Oklahoma Veterans Center established in Talihina.

-HB 3372, by Rep. Kevin Wallace and Sen. Kim David, requires the Oklahoma State University Center for Local Government Technology, in cooperation with the County Assessors' Association, to provide the administration, support, training and implementation of the OSU Center for Local Government Technology-sponsored computer-assisted mass appraisal computer software system to any county using the services provided by the Ad Valorem Division of the Oklahoma Tax Commission and other counties upon request on the effective date of the act, if such county elects to adopt the Oklahoma State University Center for Local Government Technology-sponsored program. It requires all expenses be paid out of the funds deposited in the County Government Education-Technical Revolving Fund.

-CS for HB3439, by Rep. Carol Bush and Sen. Wayne Shaw, modifies DNA collection and test kit requirements.

• The House met Wednesday and approved the following bills:

-SB 906, by Sen. Frank Simpson and Rep. Tommy Hardin, exempts the sale of motor vehicles from the purchase limit for the sales tax exemption for honorably discharged, 100 percent disabled veterans. It passed 90-0.

-SB 912, by Sen. Mark Allen and Rep. Zack Taylor, agricultural motor vehicles engaged in interstate or intrastate commerce 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. It passed 85-5.

-SB 1299, by Sen. John Sparks and Rep. Chris Kannady, modifies the procedure for permitting entry onto designated land controlled by a responding party so the requesting party may inspect, measure, survey, photograph, test or sample the property or any designated object or operation on it. The bill repeals language related to the production of documents for entry upon land for inspection. The bill and its emergency clause passed 87-0.

-SB 1490, by Sen. Marty Quinn and Rep. Mark Lepak, designate the portion of SH-66 in Rogers County beginning at the intersection of County Road S4110 extending north to the intersection of Fisher Road in the Town of Verdigris as the Robert B. Robison Memorial Highway; the portion of State Highway 169 beginning at the intersection of U.S. 266 and extending south to the intersection of East 36th Street North within the municipal limits of Tulsa as the Sergeant Jeffrey Lee Drake Memorial Highway; the bridge over Caney Creek on U.S. Highway 169, located 1.9 miles north of SH-20 in Rogers County as the SSGT Jason R. Hendrex Memorial Bridge; the section of Interstate Highway 44 between SW 104th Street and SW 119th Street in Cleveland County as the James Robert "Bob" Kalsu Memorial Highway; and section of Interstate 35 in Payne County beginning one mile north of the intersection with State Highway 51 and extending south for two miles shall be designated as the "Nancy Randolph Davis Memorial Highway. It passed 90-0.

-SB 1526, by Sen. Roger Thompson and Rep. Carl Newton, increases the renewal fee for a chiropractic license from $225 to $275. It passed 76-13.

• Gov. Mary Fallin signed six bills Wednesday afternoon.

-HB 2523, by Rep. Randy McDaniel and Sen. Julie Daniels, modifies the wage requirement for an unemployed individual's base period. It requires wage figures to determine eligibility for benefits once the alternative base period wages are determined. It deletes an exemption related to educational institutions. It adds exemptions for educational service contractors. It modifies exemptions and alters disqualification to receive benefits. It requires claim notices to contain an admonition that failure to respond to the notice could affect an employer's tax rate. It requires all court orders, garnishments, income assignments, levies, attachments or other legal process issued to collect child support through a deduction from unemployment benefits to be served on the appropriate state or local child support enforcement agency. It requires said document to be forwarded to the appropriate state or local child support enforcement agency if this type of document is served on the Oklahoma Employment Security Commission. It prohibits service of process of said document from being deemed complete until the document in question is received by that office. It requires the disclosure of social security numbers to the Oklahoma Employment Security Commission. It takes effect Nov. 11, 2018.

-HB 2592, by Rep. Ross Ford and Sen. Nathan Dahm, expands the scope of information of registered voter information the Secretary of the State Election Board is authorized to keep confidential to include the residences and mailing addresses of the immediate family of law enforcement personnel. It limits immediate family to those that live in the same household as a law enforcement officer. It takes effect Nov. 1, 2018.

-HB 2921, by Rep. Avery Frix and Sen. Dewayne Pemberton, requires the Transportation Commission to submit a waiver request to the Federal Highway Administration of the U.S. Department of Transportation seeking exception from any federal regulation preventing the sale of land owned by the commission and deemed surplus for 10 years or more for less than fair market value. It takes effect Nov. 1, 2018.

-HB 2935, by Rep. Glen Mulready and Sen. Julie Daniels, defines the term "electrical work" to mean work consisting primarily of the layout, installation, maintenance, repair, testing or replacement of all or part of electrical wires, conduits, apparatus, fixtures, appliances or equipment for transmitting, carrying, controlling or using electricity in, on, outside or attached to a building, structure, property or premises but not including work that is related to or facilitates the construction, installation or maintenance of all or part of an electrical system, but which does not involve actual work with any of the electrical components listed. The bill provides nod more than three apprentice electricians will work under the supervision of a single journeyman or contractor. It takes effect Nov. 1, 2018.

-HB 2959, by Rep. Todd Thomsen and Sen. Marty Quinn, repeals language related to 10-year assessments of electric power and energy requirements. It takes effect Nov. 1, 2018.

-SB 279, by Sen. Adam Pugh and Rep. Ryan Martinez, permits county sheriffs to contract any public or private entity engaged in the business of transportation of prisoners. It takes effect upon receiving the governor's signature.

Thursday, April 12, 2018

• The Senate approved several bills on Thursday before adjourning for the weekend, including:

-HB 2632, by Rep. Greg Babinec and Sen. Micheal Bergstrom, adds 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." There was no debate and the bill passed 42-1.

-HB 2987, by Rep. Marcus McEntire and Sen. Ervin Yen, expands eligibility for the Oklahoma Medical Loan Repayment Program to physician assistants. It removes a condition for funding for new or expanded primary care residency programs. It allows the Physician Manpower Training Commission to waive the maximum rural population criteria specified. It authorizes the Commission to establish and administer cost-sharing programs for internship and residency physician training. The bill requires that if a person receiving Nursing Student Assistance Program funds fails to fully comply with the provisions of the contract for the the funds, that person will refund to the Commission all monies received by the person pursuant to the provisions of the contract plus a one-time liquidated damages assessment 5 percent of the total amount dispersed to the person in lieu of interest. It requires the Commission to prorate the amount to be repaid in the event the obligation was partially fulfilled. It removes a residency requirement for the Physician Assistant Scholarship Program. It requires the Physician Manpower Training Commission to promulgate rules to enforce the provisions. The bill passed 39-3.

-HB 3089, by Rep. Josh Cockroft and Sen. Darcy Jech, allows groundwater rights to be severed from surface rights, upon the written request of the owner of land to be acquired. It prohibits however an owner of groundwater rights from having a right of access to the Oklahoma Turnpike Authority's surface rights. The bill passed 43-0.

-HB 3236, by Rep. Lewis Moore and Sen. Bill Brown, modifies various sections of the Unauthorized Insurers and Surplus Lines Insurance Act. The bill passed 42-1.

-HB 3473, by Rep. John Jordan and Sen. Mike Schulz, declares "I Can Only Imagine" by Mercy Me to be the official inspirational song of the State of Oklahoma. The bill passed 42-0.

• The House met Thursday and approved the following measures before adjourning for the weekend:

-SB 1052, by Sen. A J Griffin and Rep, Marcus McEntire, removes requirement that court notices for mental health evaluations require that at least one of the two mental health professionals be a psychiatrist who is a diplomate of the American Board of Psychiatry and Neurology, a licensed clinical psychologist, or a licensed Doctor of Medicine or Doctor of Osteopathy who has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions. The bill passed 90-1 without questions or debate.

-SB 1296, by Sen. John Sparks, D-Norman, and Rep. Marcus McEntire, modifies the investment prepaid funeral benefits to be placed in interest-bearing investments authorized by the Insurance Code, with exceptions. The bill passed 81-11.

-SB 1489, by Sen. James Leewright and Rep. Kevin West, removes language prohibiting an officer, director or stockholder or an agent or owner of any establishment at which low point beer is sold from becoming bail bondsmen. It passed 87-5.

• Gov. Mary Fallin signed several bills Thursday, bringing the total number of bills signed this legislative session to 37. Signed on Thursday were:

-HB 2515, by Rep. Randy McDaniel and Sen. Marty Quinn, modifies statutory references related to forfeiture of retirement benefits as established in the Oklahoma Police Pension and Retirement System. It requires all benefits payable from the system, including payments from the deferred option plans, to be paid from the general assets of the fund. The bill takes effect Nov. 1.

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

-HB 2517, by Rep. Randy McDaniel and Sen. Marty Quinn, requires all benefits payable from the Oklahoma Law Enforcement Retirement System, including payments from the deferred option plans, to be paid from the general assets fund. The bill takes effect Nov. 1.

-HB 3037, by Rep. Dale Derby and Sen. Ervin Yen, permits epinephrine auto-injectors to be prescribed to and administered by an authorized individual. The bill takes effect Nov. 1.

-HB 3430, by Rep. John Pfeiffer and Sen. Marty Quinn, creates the Oklahoma Corporation Commission Regulatory Jurisdiction Act of 2018. The bill states that the act's purpose is to provide for the administration of the various programs within the Oklahoma Corporation Commission regulating the release or spilling of regulated substances from petroleum storage tanks and to utilize financial resources for petroleum storage regulatory services, administration and reimbursement of claims for environmental corrective action by the Petroleum Storage Tank Indemnity Fund. The bill takes effect Nov. 1.

-HB 3581, by Rep. Charles McCall and Sen. Ervin Yen, amends the duties of the Office of Accountability Systems of the State Department of Health. The bill takes effect Nov. 1.

-SB 880, by Sen. Ron Sharp and Rep. Dell Kerbs, changes entity responsible for the application process for a legislatively designated STEM Community or STEM Region from the Coalition for the Advancement of Science and Mathematics Education in Oklahoma (CASMEO) to the Department of Career and Technology Education. The bill takes effect July 1.

-SB 939, by Sen. Robert Standridge and Rep. Rande Worthen, adds the salts, isomers, and salts of isomers of Methylphenidate to the list of Schedule II drugs. The bill takes effect Nov. 1.

 

 

Other News

• Governor Mary Fallin announced Wednesday she has appointed former Oklahoma Secretary of Education and Workforce Development Natalie Shirley to the Board of Regents for the University of Oklahoma (OU). Fallin appointed Shirley, of Oklahoma City, to a full seven-year term on the seven-member official governing body of OU, Cameron University and Rogers State University.

The governor earlier this year reappointed Clayton Bennett to that term, but Bennett said he preferred a shorter commitment and asked that he be appointed to fill the unexpired term of Kirk Humphreys, who resigned in January. That term expires in March 2019.
Both Shirley’s appointment and Bennett’s reappointment require Senate confirmation.

• Oklahoma Education Association President Alicia Priest called for teachers to return to their classes on Thursday afternoon. In the past three weeks, Priest said teachers and supporters have pushed legislators to secure half a billion dollars in new education revenue.

According to Priest, OEA leadership has been in negotiations with House and Senate leadership, but said Senate Republicans will not "budge an inch" on further revenue for public education and will not pass a show-of-faith resolution. Priest said they polled OEA membership for several days and 70 percent of respondents were unsure whether continuing the walkout would lead to further achievement of their goals. Priest called for districts to send groups to lobby at the Capitol every day and said the OEA would continue to offer support to teachers and districts as they return to class, as well as those that decide to continue the walkout.

• On Friday, Governor Mary Fallin declared a state of emergency for 52 counties due to wildfires that began Thursday, April 12, and ongoing drought conditions.
The counties included in the governor’s declaration are Alfalfa, Beaver, Beckham, Blaine, Caddo, Canadian, Carter, Cimarron, Cleveland, Comanche, Cotton, Creek, Custer, Dewey, Ellis, Garfield, Garvin, Grady, Grant, Greer, Harmon, Harper, Jackson, Jefferson, Johnston, Kay, Kingfisher, Kiowa, Lincoln, Logan, Love, Major, Marshall, McClain, Murray, Noble, Oklahoma, Okfuskee, Okmulgee, Osage, Pawnee, Payne, Pontotoc, Pottawatomie, Roger Mills, Seminole, Stephens, Texas, Tillman, Washita, Woods and Woodward.

Under the governor’s executive order, state agencies may make emergency purchases and acquisitions needed to expedite the delivery of resources to local jurisdictions. The declaration also marks a first step toward seeking federal assistance should it be necessary. The executive order is in effect for 30 days, and could be amended to include additional counties if needed.