Monday, Mar. 26, to Wed., March 30, 2018

Monday, March 26, 2018

• The Senate Health and Human Services Committee gave its stamp of approval to the following measures on Monday:

-CS for HB 2932, by Rep. Glen Mulready and Sen. Adam Pugh, as amended and with title stricken 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 amendment removes a portion of the bill that would have prohibited DHS from seeking, applying for, accepting
or renewing any waiver of requirements established under federal statute.

-SB 1179, by Sen. Adam Pugh and Rep. Mark Lawson, serves as a directive to OHCA to apply for a Medicaid waiver from the Centers for Medicare and Medicaid Services (CMS) thereby allowing Oklahoma to establish its own Medicaid policy. It requires the Oklahoma Health Care Authority (OHCA) to seek a Medicaid waiver authority to pursue modifications to Medicaid eligibility criteria so that receipt of SoonerCare coverage for certain Medicaid populations are conditional upon documentation of certain education, skills, training, work or job activities. It exempts Insure Oklahoma eligibility criteria from this requirement. It adds that this requirement is contingent upon approval from the federal Centers for Medicare and Medicaid Services and available state funding. It requires the SoonerCare eligibility criteria to be the same as the eligibility criteria for the Supplemental Nutrition Assistance Program (SNAP) or the Temporary Assistance for Needy Families Program (TANF). It requires SoonerCare eligibility modifications to include criteria for work or job activities as required for the SNAP or TANF programs. It requires an enrollee to comply with the work requirements for SNAP and TANF to remain eligible for SoonerCare. The bill indicates that exemptions to the eligibility criteria are to be the same as exemptions for SNAP, TANF or Medicaid populations excluded pursuant to federal Medicaid laws and guidelines. It allows the state to adopt additional exemptions subject to federal approval. It passed on a vote of 7-3.

-HB 1461, by Rep. Greg Babinec and Sen. Paul Rosino, deletes a reference to the use of American Correctional Association Standards and the Jail Inspection Division of the State Department of Health relating to the inspection of city and county jails.

-HB 2524, by Rep. Bobby Cleveland and Sen. Robert Standridge, requires the establishment of an anonymous complaint system at the Department of Human Services for reporting and investigating complaints or grievances about employees of the department who retaliate against a child care facility or facility employee.

-HB 2552, by Rep. Pat Ownbey and Sen. A J Griffin, prescribes rights for children in the custody of the Department of Human Services. It provides for exemptions. It allows a child to motion the court for appropriate equitable relief for violations of the rights prescribed therein or file a grievance with the Office of Client Advocacy. It requires the Department to establish grievance procedures for foster children in its custody. It requires that since one or more of the enumerated rights therein may conflict a balanced approach to protect a child's rights must be pursed and take into account both the child's unique circumstances and what is in said child's best interest. It specifies when and to whom a statement of the rights enumerated therein must be provided. It allows any child aggrieved by a violation of these rights to seek intervention by a court with jurisdiction over the child to make it aware of the grievance and obtain, if warranted, appropriate equitable relief. It authorizes the court, in its discretion, to waive the prior exhaustion of administrative remedies.

-HB 2691, by Rep. Travis Dunlap and Sen. Adam Pugh, as amended, 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.

-HB 2692, by Rep. Travis Dunlap and Sen. Rob Standridge, allows the director of a child care center to qualify as a master teacher for children of all ages. It provides a three-year probationary period for any person employed as a master teacher at a child care center to fulfill the educational qualifications required by the Department of Human Services to qualify as a master teacher. It allows the Department to extend the probationary period an additional year if sufficient progress is being made toward fulfilling the qualifications for a master teacher.

-HB 2758, by Rep. Leslie Osborn and Sen. A J Griffin, with enacting clause stricken, requires the Department of Human Services, subject to the availability of funds, to implement a voucher waiver program to provide respite for caregivers of persons with an intellectual disability who qualify for Medicaid and meet the Intermediate Care Facilities for individuals with Intellectual Disability (ICF/ID) level of care. It requires the Department to apply for certain federal waivers to maximize funding for the program.

-HB 2987, by Rep. Marcus McEntire and Sen. Ervin Yen, with title stricken, 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 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.

-HB 3017, by Rep. George Faught and Sen. John Sparks, directs the Department of Mental Health and Substance Abuse Services to promulgate rules regarding the counseling of state employees after being involved in, witnessing or are otherwise exposed to a violent or traumatic event in the workplace.

-HB 3036, by Rep. Mark Lepak and Sen. Greg Treat, with title stricken, designates the State Board of Health as an advisory body to the State Commissioner of Health. It transfers all duties and powers of the Board to the Commissioner. It transfers the appointment authority for the position of Commissioner from the Board to the Governor, with the advice and consent of the Senate. It requires the Commissioner serve at the pleasure of the Governor and can be removed or replaced without cause. It provides for the determination of compensation.

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

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

-HB 3115, by Rep. Carl Newton and Sen. Paul Rosino, requires every person seeking to practice optometry to submit to a national criminal background check. It requires the person to pay the cost of the background check.

-HB 3124, by Rep. Carol Bush, Rep. Meloyde Blancett and Sen. A J Griffin, creates the 14- member Oklahoma Commission on Aging with Serious Mental Illness to study, evaluate and make recommendations for any changes to state policy, rules or statutes to more efficiently and effectively serve the health and mental health needs of Oklahomans who are aging with serious mental illness. The bill establishes membership and meeting requirements.

-HB 3219, by Rep. Jadine Nollan and Sen. Adam Pugh, with enacting clause stricken, requires the Oklahoma Health Care Authority to apply for any necessary waiver to extend health care benefits to persons up to 26 year of age if such person is enrolled in a course of instruction or training operated by the Oklahoma Department of Career and Technology Education or any education institution offering a certification or licensure course in Oklahoma.

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

-HB 3336, by Rep. Sean Roberts and Sen. Ervin Yen, as amended, 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. The amendment provides for criminal background checks for applicants intending to seek licensure.

-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.

-HB3584, by Rep. Charles McCall and Sen. Mike Schulz, requires at least two members of the Board of Health to possess at least five years of experience in a medical business.

• Three executive nominations also came before the committee, all of which were approved.

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

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

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

• The Senate Education Committee unanimously approved six House bills on Monday.

-HB 3117, by Rep. Carl Newton and Sen. Stephanie Bice, clarifies it is the responsibility of the State Board of Education to notify local school districts boards of education that a member has not completed certain instructional or continuing education requirements. It modifies the time period to two years during which a person disqualified from serving on a local school district board of education for failing to meet the instructional or continuing education requirements. The bill modifies notification and appeal procedures for failure to attend continuing education. The bill grants a member that has been notified of failure to meet the continuing education requirements 10 days after receipt of the notice to file a written appeal with the State Board of Education requesting a hearing to show why the member should not be found in violation of the requirements. The bill requires a hearing with the school board member and the State Board of Education or a hearing official appointed by the Board be conducted within 30 days of the date of receipt of the written appeal. The bill declares the decision of the State Board of Education or hearing official appointed by the Board final, and if the board member is found in violation of the requirements, the state board is required to immediately notify by certified mail the school district board of education and the school district superintendent that the school board member did not complete the requirements, the school board member was notified of the right to appeal and either did not appeal or was found in violation of the requirements at a hearing and that the school district board of education is required to declare the seat of that member vacant. The bill passed out of Senate Education with its title stricken and into the Senate Appropriations Committee 12-0.

-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 establishes a specific time frame of 48 hours in which persons who suspect a child is being abused or neglected must report it. HB2259 passed 11-0 with its title stricken.

-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. It authorizes any established office of workforce development in this state shall to develop and maintain a work-based learning program within its jurisdiction to be focused on increasing the number of registered apprenticeships and internship programs in this state to at least an aggregate of 20,000 positions by the end of 2020. It requires all partners participating in the Work-based Learning Program to provide their expertise, time and resources as deemed necessary to advance and sustain the work-based learning goals of Oklahoma Works, to assist with publishing an annual progress report showing each state agency's steps and accomplishments toward meeting statewide workforce goals and to network and coordinate with other public and private entities in an effort to align all state agencies, boards and commissions and the private business sector in meeting Oklahoma Works goals. It establishes components of the program. The bill requires every work-based learning program not registered with the United States Department of Labor to register with the Office of the Secretary of State by filing a certificate each year that confirms the business is an active participant in the program. The bill requires the certificate include the address of the principal place of business and require the payment of an annual filing fee of $25 payable to the Secretary of State. The bill establishes filing requirements. It directs the Secretary of State to deposit the funds in its revolving fund and to expend up to $500,000 support the administration of the program and the business registration and certification process.

-HB 3081, by Rep. Josh Cockroft and Sen. Robert Standridge, requires the State Board of Education to promulgate rules which align with the restraint and seclusion guidelines provided by the United States Department of Education. It requires school board adopt and adhere to the rules promulgated by the Board.

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

• The House approved the following legislation on Monday:

-FS for HB 1010XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, increases the cigarette tax $1 per pack. The bill changes the method of taxing little cigars to the same as cigarettes. The bill apportions revenue from the tax on little cigars to the General Revenue Fund in fiscal year 2019 and to the Health Care Enhancement Fund in subsequent fiscal years. The bill increases the tax on diesel $0.06 and the tax on gasoline $0.03. The bill apportions revenue from the motor fuel taxes to the General Revenue Fund in fiscal year 2019 and to the Rebuilding Oklahoma Access and Driver Safety Fund in subsequent fiscal years. The bill increases the gross production tax discount rate from 2 percent to 5 percent. The bill provides the gross production tax discount rate will be reduced to 2 percent if State Question 795 is approved by voters. The bill modifies apportionment of the gross production tax. The bill creates the Oklahoma Occupancy Tax Act. It imposes a $5 per room per night tax on hotel rooms. It provides for exceptions. The bill repeals language related to the taxation of little cigars.
The amendment to the floor substitute removed language that would have imposed a 10 percent tax on chewing tobacco, smokeless tobacco and snuff. The bill passed 79-19, three votes over the 76 needed for three-fourths approval.

-FS for HB 1011XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, imposes a $17,000 cap on itemized deductions, excluding charitable contributions and medical expenses, beginning with tax year 2018. The bill passed 59-40.

-FS for HB 1013XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, permits house-banked table games involving roulette wells and dice. It permits the games to be added as a supplement to existing State-Tribal gaming compacts. It apportions 12 percent of the revenue from exclusivity fees for games covered under the supplements to the General Revenue Fund. The bill passed 72-27.

-FS for HB 1014XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, modifies the apportionment of revenues to the Rebuilding Oklahoma Access and Driver Safety Fund and the State Highway Construction and Maintenance Fund. The bill passed 88-11.

-FS for HB 1015XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, applies existing exemptions to the motor fuel taxes to the additional taxes imposed by HB1010XX. The bill passed 99-0.

-FS for HB 1016XX, BY Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, creates the State Health Care Enhancement Fund. The bill passed 97-2.

-FS for HB 1018XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, prohibits the Tax Commission from selling cigarette excise tax stamps to any wholesaler in excess of the amount of the monthly average amount of such excise tax stamps sold to such wholesaler during the preceding calendar year. It permits the wholesaler to purchase in excess of the monthly average purchased during the preceding calendar year upon documentation, to the Tax Commission's satisfaction, of probable sales greater than the wholesaler's sales in the preceding calendar year. The bill passed 77-22.

-FS for HB 1024XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, provides salary increases to certain state employees based on their FY2018 annual salary in the following amounts: $2,000 for those whose gross annual salary was $40,000 or less; $1,500 for persons whose gross annual salary was greater than $40,000 but less than $50,000; $1,000 for those whose gross annual salary was greater than $50,000 but less than $60,000; and $750 for those with gross annual salaries of $60,000 or more. The bill defines applicable terms. The bill passed 90-9 and then was backed up to add an amendment that provides pay increases for part-time state employees on a pro rata basis. It then passed 93-6.

-FS for HB 1026XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, requires every school district to provide every support employee a $1,250 wage increase over the base amount the employee earned during the 2017-18 school year if the support employee is employed by the same school district for the 2018-19 school year. The bill passed 91-8.

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

-SB 1347, by Sen. Frank Simpson and Rep. Tommy Hardin, creates the Oklahoma Veterans Facility Investment Act of 2018. The bill authorizes the Oklahoma Department of Veterans Affair to plan, develop and construct a long-term care facility for the purpose of assuming the operations of the Oklahoma War Veterans Center established in Talihina. The bill permits the department to construct new facilities or refurbish any existing facilities on property currently owned by the State of Oklahoma or on property purchased or donated from other sources, including but not limited to private owners or other governmental or municipal entities. The bill requires the location of the facilities be subject only to such geographical constraints as are imposed by the United States Department of Veterans Affairs to preserve and continue recognition and certification of the facility as a State Veterans' Home. The bill requires the location and site of the facility be determined by the Oklahoma Veterans Commission and permits it to consider all criteria which, in its sole discretion, further the interests of Oklahoma State Senate veterans. It requires operations of the Oklahoma War Veterans Center established in Talihina to continue its operations are transferred to the location identified by the commission. The bill passed 15-8.

-SB 1411, by Sen. Mike Schulz and Rep. Charles McCall, modifies the apportionment of revenue to the Special Occupational Health and Safety Fund. It provides the revenue apportioned to the fund cannot exceed the three-year average of the revenue apportioned in fiscal years 2015, 2016 and 2017 and that any amount in excess of the average be deposited in the General Revenue Fund. The bill passed 18-5, along party lines. The following bills also passed 18-5.

-SB 1412, by Sen. Mike Schulz and Rep. Charles McCall, modifies the apportionment of revenue to from the Used Tire Recycling Indemnity Fund to the Department of Environmental Quality. It provides the revenue apportioned to the fund cannot exceed the three-year average of the revenue apportioned in fiscal years 2015, 2016 and 2017 and that any amount in excess of the average be deposited in the General Revenue Fund. It also modifies an additional apportion from the fund to the department and the Oklahoma Tax Commission, providing the revenue apportioned cannot exceed the three-year average.

-SB 1420, by Sen. Mike Schulz and Rep. Charles McCall, modifies the apportionment of revenue to the Motorcycle Safety and Education Program Revolving Fund. It provides the revenue apportioned to the fund cannot exceed the three-year average of the revenue apportioned in fiscal years 2015, 2016 and 2017 and that any amount in excess of the average be deposited in the General Revenue Fund.

-SB 1421, by Sen. Mike Schulz and Rep. Charles McCall, modifies the apportionment of revenue from the tax on tobacco products to the Department of Mental Health and Substance Abuse Services based on a three-year average of the apportionments for fiscal years 2015, 2016 and 2017.

-SB 1422, by Sen. Mike Schulz and Rep. Charles McCall, modifies the apportion of the motor fuel tax on compressed natural gas and diesel to the High Priority State Bridge Revolving Fund based on a three-year average of the apportionments for fiscal years 2015, 2016 and 2017. –

-SB 1423, by Sen. Mike Schulz and Rep, Charles McCall modifies to the apportionment of the tax on freight cars to the Railroad Maintenance Revolving Fund based on a three-year average of the apportionments for fiscal years 2015, 2016 and 2017.

Tuesday, March 27, 2018

• The Senate met briefly Tuesday in both regular session and special session, with no legislation taken up in regular session. In special session, Sen. Kim David, exercised her notice to reconsider on HB1033XX, the revenue-raising measure that failed to win three-fourths approval March 14. The motion to reconsider passed 35-3 and the bill was returned to general order. David then laid over HB1033XX.

• The Senate Transportation Committee advanced six pieces of legislation, including:

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

-HB 2548, by Rep. John R. Bennett and Sen. Mark Allen, changes the name of the MSG Joshua Wheeler, U.S. Army Delta Force, Memorial Highway in Sequoyah County to the MSG Joshua Wheeler, U.S. Army Memorial Highway.

-HB 2650, by Rep. Steven Vaughan and Sen. Dave Rader, modifies standards related to Merge Now traffic-control devices.

-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.

-HB 3373, by Rep. Charles Ortega and Sen. Mike Schulz, establishes the Navajo School Foundation, Oklahoma Music Hall of Fame, Inc., Bethany Public Schools Foundation and Cystic Fibrosis Foundation specialty licenses plates.

-HB 3388, by Rep. Roger Ford and Sen. Jack Fry, requires any railroad company or corporation that fails to construct and maintain a crossing in accordance with the recommendations in the United States Department of Transportation Railroad-Highway Grade Crossing, for 30 days after written notice by the Oklahoma Corporation Commission to the agency or employee of any railroad company or corporation in the county be subject to a contempt proceeding before the Commission.

• The Senate Agriculture and Wildlife Committee approved the following legislation on Tuesday, including the following: gave a do pass recommendation Tuesday to the House version of the hemp pilot program.

-HB 2913 by Rep. Mickey Dollens and Sen. Lonnie Paxton, creates the Oklahoma Industrial Hemp Agricultural Pilot Program. The bill defines applicable terms. The bill authorizes a registrant to engage in the growth and cultivation of industrial hemp from certified seeds for agricultural plant research and development purposes and to engage in the growth and cultivation of industrial hemp from certified seeds for marketing development purposes. The bill exempts the activities performed under the Oklahoma Industrial Hemp Agricultural Pilot Program from criminal liability under the Uniform Controlled Dangerous Substances Act. The bill requires the exemption be strictly construed and not apply to an activity that is not expressly permitted under the Oklahoma Industrial Hemp Agricultural Pilot Program. The bill requires an Oklahoma university wishing to engage in industrial hemp growth and cultivation authorized under the Oklahoma Industrial Hemp Agricultural Pilot Program to apply to the Oklahoma Department of Agriculture, Food, and Forestry for registration prior to planting the industrial hemp. The bill establishes application requirements. The bill requires the department of promulgate necessary rules. The bill requires each registrant file a harvest report on a form approved by the department and establishes report and inspection requirements. The bill establishes conditions and process for the revocation of the registration of registrants. The bill requires the department to study the feasibility of attracting federal and private funding to implement the Oklahoma Industrial Hemp Agricultural Pilot Program. The bill creates the Oklahoma Industrial Hemp Agricultural Pilot Program Fund and permits money from the fund to be spent for purposes of the program. The bill modifies the definition of the term "marihuana" to permit the grown in and shipped into Oklahoma. It received a do pass recommendation from the committee.

-HB 2917, by Rep. Jeff Coody and Sen. Larry Boggs, modifies the definition of the term "resident" as it relates to the Department of Wildlife Conservation. The bill removes the requirement that a driver's license be from Oklahoma.

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

-HB 3319, by Rep. Scott Fetgatter and Sen. Eddie Fields, R-Wynona, allows the Department of Wildlife Conservation to collect a fee of not more than $10 per controlled hunt choice pursuant to rules promulgated by the Department.

-HB 3416, by Rep. John Pfeiffer and Sen. Larry Boggs, removes limitation of applicability of the Oklahoma Limitation of Liability for Farming and Ranching Land Act.

• The House met for about 45 minutes on Tuesday morning. During its session, members recognized the chaplain of the week, veteran of the day, doctor of the day and the nurse of the day, along with recognizing other visitors in the gallery. Tuesday's veteran of the day was George Duncan, an Army veteran and the longest serving sergeant at arms in Oklahoma history. Duncan recently retired from his position at the Capitol. Gov. Mary Fallin also declared the day George Duncan Day in honor of his five decades of service.

• The House Banking and Business Committee stamped its approval on several bills Tuesday, including:

SB 1529, by Sen. Dave Rader and Rep. Carl Newton, requires new nonresidential elevators be inspected by the Commissioner of Labor or designee under the Elevator Safety Act. The bill gives property owners a reasonable period of time as determined by the Commissioner to be in full compliance with correcting any violations found. The bill permits an owner, operator or installer of a new residential elevator to request the Department of Labor to conduct a review of a planned new installation for compliance with the provisions of the Elevator Safety Act and Department regulations. It requires the review be performed in accordance with department regulations regarding installation permits and it permits the department to charge a fee for the review. The bill provides that the review will not subject the owner, operator or installer to any additional responsibilities under the Elevator Safety Act, which are not otherwise required prior to the voluntary review. The bill passed 17-0.

-SB 1273, by Sen. James Leewright and Rep. Elise Hall, modifies the definitions of certain terms in the Self-Service Storage Facility Lien Act. The bill provides if the rental agreement contains a limit on the value of property that may be stored in the space rented by the occupant, the limit will be deemed to be the maximum value of the stored property and will be the maximum liability of the owner for any claim for loss of or damage to the stored property. It permits a facility or unit owner to charge an occupant a late fee, not to exceed the greater of $20 or 20 percent of unpaid rent, for each period that he or she does not pay rent due under the rental agreement. The bill requires the amount of the late fee and the conditions for imposing such fee be stated in the rental agreement or in an addendum to such agreement. The bill permits the owner of a vehicle, watercraft or trailer to have the item towed from the self-storage facility. It updates statutory references to the Self-Service Storage Facility Lien Act. The bill passed 15-3.

-SB 883, by Sen. Roger Thompson and Rep. John Montgomery, extends to Jan. 1, 2022, the tax credit for fees paid by banks and credit unions under the Small Business Administration "7(a)" loan guaranty program.

-SB 1061, by Sen. Julie Daniels and Rep. Ryan Martinez, prohibits any residential contract for alarm industry monitoring or services automatically continue for any fixed term except month-to-month after the initial period of the contract. It requires every contract for residential alarm industry monitoring and services to conspicuously state that the person receiving the services has the right without additional cost or penalty to terminate the contract at the end of the initial term by giving 30 days’ notice to the provider. It requires any contract renewed on or after Nov. 1, 2018, in violation of the bill's terms to be deemed voidable and may either be terminated or changed to a month-to-month term at any time without additional cost or penalty when the person receiving the services gives a 30-day notice.

-SB 1280, by Sen. Jason Smalley and Rep. Carol Bush, allows the Board of Podiatric Medical Examiners to review applications by circularization and thereby vote to approve an application. It requires application approved by circularization to be ratified at a subsequent Board meeting. It prohibits any application from being denied except in a meeting of the Board upon a vote of a majority of members. It defines applicable terms.

-SB 1481, by Sen. Jason Smalley and Rep. Carol Bush, requires an internet-based reporting method for scrap metal dealers that apply to all geographic areas of the state that are not subject to local designation for internet reporting.

-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.

-SB 1513, by Sen. Julie Daniels and Rep. Glen Mulready, includes the definition of electrical work in the Electrical License Act. It prohibits more than three registered apprentice electricians working under the supervision of a single journeyman. The bill exempts those who perform low-voltage electrical work from licensing requirements.

Wednesday, March 28, 2018

• The Senate Rules Committee met Wednesday and approved the following measures:

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

-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.

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

-HB 3053, by Rep. Kyle Hilbert and Sen. Lonnie Paxton, allows a voter to take a digital photograph of his or her marked ballot and distribute or share the image via social media or any other means if performed voluntarily and in compliance with federal law. The bill requires an absentee ballot be accompanied by a plain opaque envelope in which voted ballots must be placed by the voter; an envelope bearing an affidavit stating that the voter is qualified to vote, and that the voter has personally marked the ballots, and has not exhibited the marked ballots to any other person; a return envelope addressed to the secretary of the county election board; and a notice that it is illegal for a Notary Public in this state to charge a fee to notarize an official absentee ballot affidavit. This makes testimony as to how any individual cast his or her absentee ballot, whether or not the absentee ballot was lawfully cast, inadmissible as evidence in any court of law or public hearing in this state.

-HB 3341, by Rep. Sean Roberts and Sen. Anthony Sykes, requires proof of citizenship to register to vote or appearing to vote beginning January 1, 2020 and establishes eligible identification documents.

• The Senate met on Wednesday and approved the following bill:

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

• The Senate on Wednesday evening passed a historic revenue package to fund a $6,100, or 16 percent, pay raise on average for Oklahoma teachers. That increase moves Oklahoma from seventh to second highest in the region in average teacher pay and is the largest teacher pay raise in the history of the state.

-HB 1010XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, increases the cigarette tax $1 per pack. The bill changes the method of taxing little cigars to the same as cigarettes. The bill apportions revenue from the tax on little cigars to the General Revenue Fund in fiscal year 2019 and to the Health Care Enhancement Fund in subsequent fiscal years. The bill increases the tax on diesel $0.06 and the tax on gasoline $0.03. The bill apportions revenue from the motor fuel taxes to the General Revenue Fund in fiscal year 2019 and to the Rebuilding Oklahoma Access and Driver Safety Fund in subsequent fiscal years. The bill increases the gross production tax discount rate from 2 percent to 5 percent. The bill provides the gross production tax discount rate will be reduced to 2 percent if State Question 795 is approved by voters. The bill modifies apportionment of the gross production tax. The bill creates the Oklahoma Occupancy Tax Act. It imposes a $5 per room per night tax on hotel rooms. It provides for exceptions. The bill repeals language related to the taxation of little cigars.

-HB 1011XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, imposes a $17,000 cap on itemized deductions, excluding charitable contributions and medical expenses, beginning with tax year 2018. The bill passed 28-18.

-FS for HB 1023XX, Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, increases pay under the teacher salary schedule. The floor substitute adds language requiring districts that pay above the required minimum also provide a raise to teachers. The bill passed 41-4.

• The House met Wednesday and adopted a resolution asking the United States Congress to renew the Route 66 Corridor Preservation Act.

-HCR 1013, by Rep. Chuck Hoskin, requests that the Congress of the United States either extend the Route 66 Corridor Preservation Program or designate Route 66 as a National Historic Trail The resolution was unanimously adopted.

• The House Appropriations and Budget Subcommittee on Transportation advanced two pieces of legislation on Wednesday:

-SB 1131, by Sen. Darcy Jech and Rep. Ryan Martinez, creates the Oklahoma State Safety Oversight Program. The bill requires the program to be overseen by the Oklahoma Department of Transportation. It requires the department to develop and enforce the Oklahoma State Safety Oversight Program Standards for all private and public rail fixed guideway systems statewide that are not administered by the Federal Railroad Administration. It gives the department complete authority to implement, enforce and oversee the Oklahoma State Safety Oversight Program in accordance with requirements outlined in the 49 CFR, Section 674 as amended. It authorizes the department to apply for, receive and expend Federal State Safety Oversight Program funds in strict accordance with applicable state and federal law, rules and regulations.

-SB 1544, by Sen. John Sparks and Rep. Chris Kannady, directs the Department of Transportation to erect highway signage designed or approved by the Oklahoma Transportation Commission and the Oklahoma Department of Public Safety advising that it is illegal to stop within a highway underpass.

Thursday, March 29, 2018

• The Senate met Wednesday and approved the following legislation in regular session:

-HB 3705, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields, and Sen. Kim David, appropriates $2.9 billion to the State Department of Education. The bill requires the State Department of Education to designate adequate amounts for increased compensation for certified personnel as provided in HB1023XX and for increased compensation for support employees as provided in HB1026XX. The bill also designates the use of specific funds. The bill, as a whole, represents 19.7 percent increase in overall funding to common education. The bill and its emergency clause passed 42-0.

• In the second special session, the Senate passed the following legislation:

-HB 1024XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, provides salary increases to certain state employees based on their FY2018 annual salary in the following amounts: $2,000 for those whose gross annual salary was $40,000 or less; $1,500 for persons whose gross annual salary was greater than $40,000 but less than $50,000; $1,000 for those whose gross annual salary was greater than $50,000 but less than $60,000; and $750 for those with gross annual salaries of $60,000 or more. The bill defines applicable terms. The bill and its emergency clause passed 39-3.

-HB 1026XX, Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, requires every school district to provide every support employee a $1,250 wage increase over the base amount the employee earned during the 2017-18 school year if the support employee is employed by the same school district for the 2018-19 school year. The bill and its emergency clause passed 34-9.

-HB 1014XX, as amended, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, modifies the apportionment of revenues to the Rebuilding Oklahoma Access and Driver Safety Fund and the State Highway Construction and Maintenance Fund. The bill passed 42-0.

-HB 1015XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, applies existing exemptions to the motor fuel taxes to the additional taxes imposed by HB1010XX. The bill passed 42-0.

-HB 1016XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, creates the State Health Care Enhancement Fund. The bill passed 39-3.

-HB 1018XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, prohibits the Tax Commission from selling cigarette excise tax stamps to any wholesaler in excess of the amount of the monthly average amount of such excise tax stamps sold to such wholesaler during the preceding calendar year. It permits the wholesaler to purchase in excess of the monthly average purchased during the preceding calendar year upon documentation, to the Tax Commission's satisfaction, of probable sales greater than the wholesaler's sales in the preceding calendar year. The bill passed 38-5.

-HB 1010XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, increases the cigarette tax $1 per pack. The bill changes the method of taxing little cigars to the same as cigarettes. The bill apportions revenue from the tax on little cigars to the General Revenue Fund in fiscal year 2019 and to the Health Care Enhancement Fund in subsequent fiscal years. The bill increases the tax on diesel $0.06 and the tax on gasoline $0.03. The bill apportions revenue from the motor fuel taxes to the General Revenue Fund in fiscal year 2019 and to the Rebuilding Oklahoma Access and Driver Safety Fund in subsequent fiscal years. The bill increases the gross production tax discount rate from 2 percent to 5 percent. The bill provides the gross production tax discount rate will be reduced to 2 percent if State Question 795 is approved by voters. The bill modifies apportionment of the gross production tax. The bill creates the Oklahoma Occupancy Tax Act. It imposes a $5 per room per night tax on hotel rooms. It provides for exceptions. The bill repeals language related to the taxation of little cigars.

-HB 1011XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, imposes a $17,000 cap on itemized deductions, excluding charitable contributions and medical expenses, beginning with tax year 2018.

• The Senate Public Safety Committee met on Thursday and advanced the following legislation:

-HB 2795, by Rep. Tim Downing and Sen. A J Griffin, exempts assisted living centers from the bill's requirements. The bill 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.

-HB 2796, by Rep. Tim Downing and Sen. A J Griffin, modifies the reporting dates set in the bill. The bill requires drug manufacturers and distributors make certain data available to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control on a monthly basis. It also requires that information be kept confidential.

-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. The amendment requires the Center for Disease Control guidelines for opioid deaths.

-HB 2539, by Rep. Cyndi Munson and Sen. Julie Daniels, exempts the Office of Juvenile Affairs from affixing the words "State of Oklahoma" and the name of the agency on the vehicles it owns or leases.

-CS for HB2630, 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 committee substitute makes not substantive changes.

-HB 2634, by Rep. Greg Babinec and Sen. Jack Fry, affords any employee of the Department of Public Safety appointed to the position of Commissioner the right to return to the previous position of the employee without any loss of rights, privileges or benefits immediately upon completion of the duties as Commissioner, provided the employee is not otherwise disqualified.

-HB 2765, by Rep. Scott McEachin and Sen. Nathan Dahm, modifies the scope of criminal street gang definition.

-HB 3393, as amended, by Rep. Ben Loring, Rep. Chris Kannady and Sen. A J Griffin, requires all penal institutions, detention centers and county jails use the least restrictive restraints necessary when the facility has actual or constructive knowledge that an inmate is pregnant. It prohibits the use of restraints in certain situations. It prohibits the use of certain types of restraints. It makes it unlawful for any correctional officer to use restraints on a pregnant inmate while the inmate is delivering her baby. It makes it a misdemeanor, punishable by imprisonment in the county jail for not more than one year or by a fine of $1,000 or both. The amendment clarifies language within the bill.

-CS for HB 3439, by Rep. Carol Bush and Sen. Wayne Shaw, modifies DNA collection and test kit requirements.

• The House met Thursday afternoon and took the following actions:

-The amended version of HB 1012XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, repeals language in HB1010XX creating the Oklahoma Occupancy Tax Act, which imposes a $5 per room per night tax on hotel rooms. The bill, as amended, finally passed on a vote of 69-26. The emergency clause passed on a vote of 70-24. It now goes to the Senate.

-House members accepted Senate amendments to HB 1023XX. It now goes to the Gov. Mary Fallin for final passage.

-HB 1023XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, increases pay under the teacher salary schedule. It passed on a vote of 44-1.

Other News

• Former U.S. Senator Tom Coburn joined a group of citizens Wednesday to announce the formation of Oklahoma Taxpayers Unite, a group that describes itself as "dedicated to efficient and responsible state government, with accountability to the people and their limited means of providing for themselves, their families, and their communities."

Coburn and the group's leaders Brook McGowan and Ronda Vuillemont-Smith outlined a wide range of plans for the organization, from recruiting candidates who support the group's beliefs and oppose the recent tax increase proposal considered by the Legislature to launching a veto petition to overturn any revenue-raising measures approve by lawmakers. McGowan and Vuillemont-Smith criticized the passage of HB1010XX, a revenue raising bill, comparing the action, like Coburn, to Washington, D.C." The group, she said, would represent the voiceless "who have spent years calling for government and tax reform." McGowan said she hopes there will be challengers to run against those who voted for HB1010XX.

• The State Board of Health named Tom Bates the new Interim Commissioner of the Oklahoma State Department of Health (OSDH) at a special meeting Wednesday. Bates currently serves as Gov. Mary Fallin's special adviser on child welfare and Pinnacle Plan implementation. Prior to his position in Fallin's office, Bates serves in the Attorney General's Office for 15 years in a variety of rules, most recently as first assistant attorney general.

Bates will assume his new duties on April 2, with his salary set at $189,000 by the board, the same of his predecessor Preston Doerflinger. Doerflinger resigned from the position in February, less than 24 hours after The Frontier, a Tulsa-based nonprofit news website, reported on two 2012 incidents in which Doerflinger was alleged to have choked his now ex-wife. OSDH State and Federal Policy Director Brian Downs currently serves as acting commissioner.