Monday, March 12, to Wed., March 16, 2018

Monday, March 12, 2018

• The Senate met Monday, passing the following bills:

-SB 1030, by Sen. Josh Brecheen and Rep. Sean Roberts, requires the Oklahoma Health Care Authority to seek Medicaid waiver authority to pursue modifications to Medicaid eligibility criteria so that eligibility for the parent/caretaker group, relative to the federal poverty guidelines, is reduced to 20 percent. The measure passed 25-17.

-SB 1282, by Sen. Josh Brecheen and Rep. Sean Roberts, requires the Oklahoma Health Care Authority and the Department of Human Services to study and make recommendations to the Legislature on potential ways to reduce program costs of the Medicaid program without jeopardizing vital services. It provides areas of study for the two agencies. It requires the agencies to submit a report of its findings and recommendations to the Governor, President Pro Tempore of the Senate and the Speaker of the House of Representatives by Oct. 31, 2019. It passed 35-6.

-SB 97, by Sen. Micheal Bergstrom and Rep. Michael Rogers, increases the maximum qualifying income for a student who is the child of a certified classroom teacher to be eligible to participate in the Oklahoma Higher Learning Access Program (OHLAP) from $55,000 to $150,000. It requires the teacher have at least five years of service in Oklahoma. The bill passed 37-7.

-SB 900, by Sen. Roger Thompson and Rep. Tim Downing, modifies the definition of the term "offender" to include anyone adjudicated as a juvenile delinquent or youthful offender. The bill requires the Department of Corrections, upon an offender's competition of the Delayed Sentencing Program for Young Adults, to notify the sheriff of the county from where the order by the court placing an offender in the Delayed Sentencing Program for Young Adults was filed and requires the sheriff to take custody of the offender. The bill and its emergency clause passed 44-0.

-SB 937, by Sen. Rob Standridge, adds tribal law enforcement entities to the list of entities authorized at the discretion of the director of the Bureau of Narcotics and Dangerous Drugs to access information the central prescription drug repository. The bill passed 40-4.

-SB 939, by Sen. Rob Standridge, adds the salts, isomers, and salts of isomers of Methylphenidate to the list of Schedule II drugs. The bill passed 43-0.

-SB 940, by Sen. Rob Standridge, adds N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide; N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butenamide; N-phenyl-N-[1-(2-phenylethyl)-4 piperidinyl]-2-furancarboxamide; N-phenyl-1-(2-phenylethyl)-4-piperidinamine; N-(1-phenethylpiperidin-4-yl)-N-phyenylcyclopropranecraboxamide and N-ethylpentylone to the list of Schedule Idrugs. The bill passed 43-0.

-SB 946, by Sen. Kay Floyd and Rep. Mike Osburn, creates until Dec. 31, 2019, the 13-member Task Force on Merit Protection to study and evaluate the feasibility and efficacy of transferring the oversight of the Merit Protection Commission to the Administrative Office of the Courts. The bill requires the task force to submit a report by Nov. 1, 2019, to the Governor, Senate President Pro Tempore and House Speaker that includes an analysis of the effects of transferring the oversight of the Merit Protection Commission to the judicial branch; recommendations for modification of the powers and duties of the Commission; necessary changes, if any, to the Merit System of Personnel Administration and the Oklahoma Merit Protection Commission Revolving Fund as may be required by a transfer of oversight; necessary changes, if any, to the Whistleblower Act as may be required by a transfer of oversight; and recommendations to ensure the enforcement of protections for employees and citizens under the Merit System of Personnel Administration. The bill establishes membership and meeting requirements. The bill passed 36-3.

-SB 1005, with title restored, by Sen. A J Griffin and Rep. Chris Kannady, establishes a new sodomy felony for sodomy committed upon a person who is at least 16 but less than 18 years of age by a person responsible for the child's health, safety or welfare, including, but not limited to a parent, legal guardian, custodian, foster parent, a person eighteen 18 years of age or older with whom the child's parent cohabitates, any other adult residing in the home of the child, an agent or employee of a public or private residential home, institution, facility or day treatment program or an owner, operator or employee of a child care facility. It also creates a new rape felony for a rape committed upon a person who is at least 16 but less than 18 years of age by a person responsible for the child's health, safety or welfare, including, but not limited to a parent, legal guardian, custodian, foster parent, a person eighteen 18 years of age or older with whom the child's parent cohabitates, any other adult residing in the home of the child, an agent or employee of a public or private residential home, institution, facility or day treatment program or an owner, operator or employee of a child care facility. It makes it a felony to, in a lewd and lascivious manner, force or require a child to defecate or urinate upon the body or private parts of another, or for the purpose of sexual gratification. It establishes certain penalties. The bill passed 42-0.

-SB 1044, by Sen. Jack Fry and Rep. Scott Fetgatter, adds road and bridge construction services to the procedure for requisition, purchase, lease-purchase, and rental-supplies, material, and equipment for maintenance, operation, and capital expenditures of county government. The bill provides that its provisions do not prohibit counties from providing material and/or services bid on their 12-month bid list to all road and bridge projects and contracts. The bill passed 40-0.

-SB 1053, with title restored, by Sen. Frank Simpson and Rep. Tommy Hardin, authorizes the Department of Veterans Affairs to obtain certification through the Centers for Medicare and Medicaid Services and accept payments and reimbursements from Medicare and Medicaid programs for services provided through Oklahoma Veterans Centers. It authorizes the department to promulgate necessary rules. The bill passed 43-0.

SB 1103, by Sen. Ervin Yen and Rep. Marcus McEntire, requires all health benefit plants to include coverage for a law-dose mammography screening and defines related terms. The bill passed 43-0.

-SB 1116, by Sen. Ervin Yen and Rep. Mark Lawson, includes mental health providers in the definitions of employees of the state when relating to the Governmental Tort Claims Act. The bill passed 39-0.

-SB 1131, with title restored, 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. The bill and its emergency clause passed 38-1.

-SB 1170, with title restored, by Sen. Darcy Jech and Rep. Todd Russ, exempts specified commercial business entities and employees from the Roofing Contractor Registration Act. The bill passed 41-0.

-SB 1221, by Sen. James Leewright and Rep. Kyle Hilbert, expands the scope of zone of safety restrictions to include residence of victims of a sex crime. The bill passed 41-0.

-SB 1251, by Sen. James Leewright and Rep. Josh West, requires a bail bond be exonerated by operation of law in any case in which the defendant has been arrested on new charges in the same jurisdiction in which the bondsman or insurer has posted the appearance bond or bonds for the defendant, and the defendant has been subsequently released on his or her own personal recognizance. It also requires a bail bond be exonerated by operation of law in any case in which there is an added charge to a case that would result in a higher fine or longer term of sentence if convicted, or an amendment to a charge that would result in a higher fine or longer term of sentence if convicted, provided any premium paid by the defendant to the bondsman or insurer from the original charge must be credited to the defendant if the same bondsman or insurer posts the appearance bond or bonds on the added or amended charge. It requires a subsequent bond to be at the same premium rate. The bill passed 32-0.

-SB 1266, by Sen. Roland Pederson and Rep. Todd Russ, establishes exemptions when a person driving under a commercial class A license will not be required to obtain a hazardous material endorsement pursuant to 49 C.F.R. Section 383. The bill and its emergency clause passed 32-0.

-SB 1290, by Sen. Jason Smalley and Rep. Jacob Rosecrants, requires the board of education for a school distinct to establish a local policy for initiating, recording and paying for all purchases, salaries, wage or contractual obligations due from any of the funds under the control of such board of education that complies with the School District Budget Act and guidelines of the Governmental Accounting Standards Board. It deletes language regarding duties of encumbrance clerks and treasurers. The bill and emergency clause passed 41-0.

-SB 1303, by Sen. Eddie Fields and Rep. Chad Caldwell, permits the use of debit cards to purchase lottery tickets. The bill passed 26-12.

-SB 1314, by Sen. Josh Brecheen and Rep. Tom Gann, requires, as the condition of a bid award, that the State Purchasing Director verify a supplier's participation in cooperative purchasing agreements. It also requires the State Purchasing Director require the submission of data from participating suppliers, for inclusion in the annual cost savings report. It requires the State Purchasing Director prescribe the report format and content required to collect and report the data. It requires any supplier providing products or services to a state entity through a cooperative or piggybacking purchasing agreement provide, to the State Purchasing Director, in electronic format, spend data for inclusion in the cost savings reports. It requires the State Purchasing Director to prescribe the report format and content required to collect and report the data. The bill passed 40-0.

-SB 1371, by Sen. Rob Standridge, adds ensuring that all Oklahoma-licensed pharmacies, inside and outside the state, are in compliance with all laws and regulations governing pharmacy, including but not limited to laws and regulations related to technician-to-pharmacist ratio, and storage requirements for medications until received by the patient to the duties of the State Board of Pharmacy. The bill passed 42-0.

• The Senate Republican Caucus elected Majority Floor Leader Greg Treat its president pro tempore-designate during a meeting Monday. Treat, R-Oklahoma City, will succeed Senate President Pro Tempore Mike Schulz, R-Altus, if elected by the full Senate when it meets for the 57th Legislature's organizational day Jan. 7. Treat was first elected to the Senate in 2011 to fill the unexpired term of former Sen. Todd Lamb who had been elected lieutenant governor. Treat is term limited in 2024. Under the rules of the Senate Republican Caucus, the remainder of the Senate Republican leadership team will be chosen following the general election in November.

Tuesday, March 13, 2018

• The Senate met Tuesday and spent most of the day hearing bills in the chamber, including the following:

SB 1140, by Sen. Greg Treat and Rep. Travis Dunlap, passed as amended and with its title restored. The bill prohibits a private child-placing agency from being required, to the extent allowed by federal law, to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies. The bill also prohibits the Department of Human Services from denying an application for an initial license or renewal of a license or revoking the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. It prohibits a state or local government entity from denying a private child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies. It provides that the refusal of a private child-placing agency to perform, assist, counsel, recommend, consent to, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies will not form the basis of a civil action. The amendment, by Sen. A.J. Griffin, prohibits a private child-placing agency from refusing to perform any act otherwise required by state or federal law or authorizing any act otherwise prohibited by state or federal law. The amendment also provides the provisions of the bill cannot be construed to allow a private child-placing agency to refuse any services to a child in the custody of the Department of Human Services

-SB 1347, by Sen. Frank Simpson, creates the Oklahoma Veterans Facility Investment Act of 2018. The bill authorizes the Oklahoma Department of Veterans Affairs (ODVA) 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 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.

-SB 1008, with title restored, by Sen. Kim David and Rep. Glen Mulready, adds soliciting, inducing or enticing another to commit an act of prostitution and human trafficking to the list of activities that define a criminal street gang. The bill passed 39-1.

-SB 1085, with title restored, by Sen. Dave Rader and Rep. Todd Thomsen, prohibits the apportionment to any school district or school district's sinking fund of any of the cost of a county's comprehensive program of inspections for the year immediate after a performance audit if the county does not meet the minimum point threshold for a passing score based on the most recently completed annual performance audit provided to the State Board of Equalization. It requires a district not located wholly within the county to be apportioned costs associated with any other county or counties for which an inspection program applies. The bill passed 41-0.

-SB 1152, with title restored, by Sen. Adam Pugh, requires the Department of Human Services to explore and recommend methods and funding necessary for the state to pursue pay-for-performance contracts with education vendors and training and case management support vendors contingent upon available state funding. The bill passed 32-8.

-SB 1179, with title restored, by Sen. Adam Pugh, 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 is 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. The bill passed 37-6.

-SB 1354, by Sen. Ervin Yen and Rep. Dale Derby, prohibits graduates of medical schools located in other countries which give any type of monetary contribution to a health facility located in this state from being given preference for residency programs over graduates of a medical school located in this state. The bill passed 41-0.

-SJR 66, by Sen. Adam Pugh and Rep. Mark Lepak, proposes a vote of the people on a constitutional amendment that would require the candidates for Governor and for Lt. Governor to run on a ticket beginning in 2026. The procedure for the joint nomination and election of candidates for those offices would be set by law. The resolution passed 29-12.

-FS for SB 1380, with title restored, by Sen. Mark Allen, moves the authority to enforce the Household Goods Act of 2009, which regulates intrastate transportation by motor carriers of household goods, and protection of shippers from deceptive or unfair practices. The bill passed 43-1.

-SB 1444, by Sen. Paul Scott and Rep. Jason Murphey, allows a nursing facility administrator to concurrently serve as the administrator of record for one nursing facility or skilled nursing facility and one other facility which is either an assisted living center, a residential care home or adult day care center, provided the two facilities have the same owner. It requires said facilities be within 15 miles of one another and they have a combined number of occupied beds or occupied beds and participants not exceeding 130. The amendment reduced the number of occupied beds or occupied beds and participants from 150 to 130. The bill passed as amended 40-0.

-SB1446, as amended, by Sen. Anthony Sykes and Rep. Dale Derby, requires the Board of Medical Licensure and Supervision to require that a licensee receive not less than two hours of education in pain management and opioid use and addiction each year preceding an application for renewal of a license, unless the licensee has demonstrated to the satisfaction of the Board that the licensee does not currently hold a valid federal Drug Enforcement Administration registration number. It modifies the definition of "unprofessional conduct" to include prescribing, dispensing or administering opioid drugs in excess of the maximum dosage. It adds definitions for "acute pain," "chronic pain," "initial prescription," "pain management agreement," "serious illness" and "surgical procedure." It authorizes the Oklahoma State Bureau of Narcotics and Dangerous Drugs to provide unsolicited notification to the licensing board of a pharmacist or practitioner if a patient has received one or more prescriptions for controlled substances in quantities or with a frequency inconsistent with generally recognized standards of safe practice. The bill prohibits a practitioner from issuing an initial prescription for an opioid drug which is a prescription drug in a quantity exceeding a seven-day supply for treatment of acute pain for an adult patient, or a seven-day supply for treatment of acute pain for a patient under the age of 18. It requires any prescription for acute pain pursuant to be for the lowest effective dose of immediate-release opioid drug. The measure passed 43-0.

-FS for SB 1488, 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. The bill passed 41-3.

-SB 562, with title stricken, by Sen. Micheal Bergstrom and Rep. Kevin West, exempts any state agency or school district that is erecting a building that has a pre-fabrication design and, in the manufacturing of that building, has already undergone engineering design and building standards, from being required to contract with a consultant for any engineering or architectural services. The bill does not apply to those buildings not in the process of construction prior to the effective date. The bill passed 30-7.

-SB 936, with title restored, by Sen. Stephanie Bice, requires the State Board of Education to accept teaching experience from out-of-country schools when the person was a member of the Peace Corps. The bill and its emergency clause passed 42-0.

-SB 1024, by Sen. Stephanie Bice, adds "lawful permit residents" to the list of those who permitted to make application for a handgun license. The bill clarifies references to the welfare of the public. The bill passed 44-0.

-SB 1332, by Sen. Stephanie Bice and Rep. Glen Mulready, permits establishments licensed prior to October 1, 2018, to sell low-point beer which were permitted to be located within 300 feet of any public or private school or church property primarily and regularly used for worship services and religious activities to have any alcoholic beverage license in effect on Oct. 1, 2018, transferred to a mixed beverage license, provided, if such an establishment ceases to regularly be open to the public or changes ownership, this provisions will cease to apply. The bill passed 40-2.

-SB 1395, by Sen. Stephanie Bice and Rep. Glen Mulready, requires a licensed alcohol distributer that possesses inventory of a brand that it is no longer authorized for distribution within Oklahoma to sell the inventory to a licensed distributor authorized to distribute the brand at a price not to exceed the total of the actual purchase price of the selling distributor plus the cost of inbound and outbound shipping to the purchasing distributor. The bill exempts inventory purchased on or after Sept. 15, 2018. The bill passed 41-2.

-SB 1498, by Sen. Stephanie Bice and Rep. Glen Mulready, establishes a political subdivision as an interested party entitled to notice of an application for a license relating to the Alcoholic Beverage Control Act and allows the political subdivision to appeal an issuance in the same manner as the applicant would be entitled. The bill passed 37-4.

-SB 1499, by Sen. Stephanie Bice and Rep. Glen Mulready, allows the Alcoholic Beverage Law Enforcement Commission to issue a license to a person who has been convicted of a felony if such conviction was more than five years prior to the issuance of the license. The bill passed 43-0.

-SB 1572, by Sen. Micheal Bergstrom, clarifies language related to confidential information as it relates to deferred deposit lenders in the Deferred Deposit Lending Act. It does not prevent the release or publication of aggregate data from the database and directs the company responsible for maintaining the deferred deposit database to compile a quarterly report of aggregate data on borrowing and lending trends. It specifies the contents of that quarterly report. The bill requires the report be made available to the public through the Oklahoma Department of Consumer Credit. It allows the department to charge a reasonable fee for a printed copy of the report or the report may be made available electronically. The bill passed 35-8.

-SB 953, by Sen. A J Griffin and Rep. Kevin Wallace, modifies the definition of the term "qualified project" as it applies to the Oklahoma Affordable Housing Act. The bill reduces the number of years unused tax credits in the program can be carried forward to three years from five years beginning Jan. 1, 2019. The amendment restores the original population limit of counties of less than 150,000 residents. The bill passed 42-1.

-SB 1138, with title restored, by Bice, requires railway companies improve the space between its tracks where it crosses a public road and two feet on either side thereof, in the same manner that the remainder of the road is to be improved, or with such other material as the county commissioners may require. The bill passed 40-2.

Wednesday, March 14, 2018

• Members of the Senate met Wednesday and approved the following bills:

-SB 1195, by Sen. Greg McCortney and Rep. Kevin Wallace, authorizes existing gaming compacts to add written supplement for non-house banked table games under the State-Tribal Gaming Act. It provides a definition for nonhouse-banked table games and allows for the collection of an administrative fee. The bill provides model language for supplement to compacts and specifies its contents. The bill was approved 30-16.

-SB 337, with title restored, by Sen. David Holt and Rep. Greg Babinec, requires each retailer or vendor making sales of tangible personal property from a place of business outside this state for use in this state that does not collect use tax shall file an annual statement for each purchaser to the Oklahoma Tax Commission on such forms as are provided or approved by the Tax Commission showing the total amount paid for Oklahoma purchases made by the purchaser during the preceding calendar year or any portion thereof, and such annual statement shall be filed on or before March 1 of each year. It allows the Tax Commission to require any retailer or vendor that does not collect use tax, and that makes total Oklahoma sales of more than $100,000 in a year, to electronically file an annual statement. It establishes penalties for those found in violation of this provision. The bill passed 34-8.

-SB 519, with title restored, by Sen. Marty Quinn and Rep. Dustin Roberts, authorizes full annual retirement pay for Oklahoma Law Enforcement Retirement System members who are unable to complete 20 years of service due to a service-related disability. The bill and its emergency clause passed 43-0.

-SB 781, as amended, by Sen. Anthony Sykes and Rep. John R. Bennett, allows a resident of this state aggrieved by a violation of his or her rights under the Oklahoma Constitution to bring an action in any court of general jurisdiction in this state, regardless of whether the person is a resident of the county in which the court is situated. It adds that nothing in this section will be construed to limit original jurisdiction proceedings. The amendment fixes the effective date on the bill, which was filed in 2017. The bill passed 46-0.

-SB 1025, by Sen. Lonnie Paxton and Rep. John Enns, makes the limitation on driving in the furthest left lane only for passing applicable only on an interstate highway or turnpike. The bill passed 43-0.

-SB 1068, by Sen. Greg McCortney and Rep. John Jordan, relates to credits for qualified investment in property or new jobs. The bill limits the carry forward period for taxable years beginning on or after Jan. 1, 2018, to each of the five years following qualification for credits based on investment in qualified depreciable property and to each of the 10 years following qualification for credits based on a net increase in employment. It increases the qualifying income and investments thresholds. The bill passed 45-0.

-SB 1173, with title restored, by Sen. Kim David and Rep. Elise Hall, removes a requirement that all beer be transported by the licensed distributor or any employee of the distributor. The bill passed 43-0.

-SB 1228, by Sen. Greg McCortney, requires a facility that provides hospice services through contractual arrangements with hospice providers but does not contract with at least five entities providing hospice services within a fifty-mile radius of the facility, to, upon the request of a current facility resident, contract with additional hospice providers within a fifty-mile radius of the facility as necessary to provide the resident with a choice of five providers. The bill provides that the requirement ceases to exist when the requesting resident is no longer living in the facility. The bill passed 44-1.

-SB 1340, by Sen. Anthony Sykes and Rep. Leslie Osborn, modifies definitions under the Administrative Workers' Compensation Act. The bill modifies statutory references to the act. The bill prohibits an employee from receiving workers' compensation benefits if the employee files a claim or receives benefits for the same injury in another jurisdiction. It removes language that gives the Workers' Compensation Commission exclusive jurisdiction over workers' compensation claims. It limits exemplary and punitive damages to $100,000. The bill modifies language related to certain compensable injuries. It modifies language related to the Official Disability Guidelines and requires it be the standard of reference. It modifies certain notice requirements. It modifies qualifications for members of the Workers' Compensation Commission, requiring two, rather than all three, have been involved in the field of workers' compensation for at least three years. The bill removes language allowing the Governor to appoint a special commissioner. The bill prohibits the commission from determining the constitutionality of provisions of the act or the constitutionality of application of its provisions. The bill modifies the duties of the commission. The bill removes certain notification requirements to CompSource Oklahoma from the Multiple Injury Trust Fund. The bill permits a person not required to be covered under a workers' compensation insurance policy or other plan for the payment of workers' compensation to execute an Affidavit of Exempt Status under the Administrative Workers' Compensation Act on a form prescribed by the commission. The bill modifies language concerning the making of claims. The bill amends language related to temporary total disability, temporary partial disability, permanent total disability, amputation and disfigurement. The bill amends language related to the selection of physicians for providing treatment. The bill modifies language related to nonsurgical soft tissue injuries. The bill passed 44-0.

-FS for SB 893, by Sen. Marty Quinn and Sen. Roger Thompson, modifies the zero emission tax credit. It requires wind facilities to be put in operation before July 1, 2017, to qualify for the credit and it requires solar facilities to be put in operation before Dec. 31, 2018, to qualify for the credit.

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

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Thursday, March 15, 2018

• The Senate met for the final day of the legislative week on Thursday and approved the following bills:

-SB 1086, by Sen. Dave Rader and Rep. Earl Sears, sets a Dec. 31, 2017 sunset date for the capital gains tax deduction for corporations, estates, trusts and individuals. The vote passed by a vote of 30-10.

FS for SJR 45, by Sen. Eddie Fields and Rep. John Echols, proposes a vote of the people on a constitutional amendment that modifies the definition of the Tobacco Settlement Endowment Trust (TSET) Fund principal. It deletes the requirement for the annual tobacco settlement payments to the state to be deposited in the trust fund. It modifies the percentage of the annual tobacco settlement payments to the state to be deposited into the Tobacco Settlement Fund. It would allow the annual tobacco settlement payments and earnings from the Tobacco Settlement Endowment Trust Fund to be used to support the Oklahoma State University College of Osteopathic Medicine and the University of Oklahoma College of Medicine and the Oklahoma Medicaid program. This measure would also allow the Legislature to expend earnings from the fund.

-FS for SB 896, by Sen. Eddie Fields and Rep. John Echols, modifies the apportionment of tobacco master settlement payments to the state to require 93.75 percent of collections to be apportioned to the trust fund and 6.25 percent to the Attorney General's Evidence Fund. The bill requires the Legislature to direct a certain portion of monies from the fund to the Oklahoma Health Care Authority to replace federal financial participation expenditures, to be distributed to Oklahoma State University and to the University of Oklahoma for the benefit of the Dean's Graduate Medical Education Program, in the same ratio as such funds were provided for such purpose by the Oklahoma Health Care Authority in the previous fiscal year. It also permits the TSET Board of Directors to expend money from the trust fund to provide financial support to replace federal financial participation expenditures for Oklahoma State University and for the University of Oklahoma for the benefit of the Dean's Graduate Medical Education Program and financial support for the Oklahoma Medicaid program.

-SB 1016, by Sen. Wayne Shaw and Rep. John Jordan, requires, when the minimum teachers salary is $42,000 annually and if donated or purchased with contributed funds, local school superintendents and state agency administrative officials to place a durable poster or framed image representing the national motto of the United States, "In God We Trust;" an accurate representation of the U.S. flag, which must be centered under the national motto; and an accurate representation of the Oklahoma State flag. The bill passed 37-0.

• SB 1056, by Sen. Adam Pugh and Rep. Ryan Martinez, permits the Oklahoma Teachers Retirement System Board of Trustees to termination its Tax-Sheltered Annuity Program administered under 26 U.S.C., Section 403(b). It permits the board to do so only in a manner consistent with federal tax law and minimizes financial harm to the participants in the program. It establishes processes and procedures for termination of the program. The bill modifies requirements for retiring with a disability allowance. It eliminates the requirement that a member be employed by a participating employer for a period of at least 12 months prior to retirement in order to compute a retirement benefit using the maximum final average salary. The bill passed 32-0.

-SB 1249, by Sen. Nathan Dahm and Rep. Glen Mulready, modifies conditions and requirements relating to workers' compensation liability other than that of an immediate employer. The bill permits any individual or business entity not required to secure compensation under the Administrative Workers' Compensation Act may execute an Affidavit of Exempt Status. It establishes requirements, a $50 fee and a two-year term for the affidavit. It establishes Workers' Compensation Commission procedures for the affidavit. The bill provides if any owner of a project or job enters into a contract with a contractor and the owner of the project or job does not substantively form an employment relationship with its contractor, the owner of the project or job will not be liable for compensation for a compensable injury to any contractor or subcontractor in any tier or to any employee of any contractor or subcontractor in any tier. The bill passed 36-0.

-SB 1296, by Sen. John Sparks 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 31-3.

-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 passed 35-7.

-SB 1338, by Sen. Stephanie Bice and Rep. Marcus McEntire, modifies labeling requirements for direct wine shipments. The bill removes the prohibition on direct wine shipper permits from shipping wine otherwise available in the state into Oklahoma. The bill removes the penalty from the transportation of wine into Oklahoma by common and private carrier. It establishes requirements for common and private carriers to transport wine into the state. It establishes requirements for certain wine shipment reports. The bill repeals language related to direct wine shipper permits. The bill passed 36-0.

-SB 1405, by Sen. Adam Pugh and Rep. Ryan Martinez, removes the Lieutenant Governor as a voting ex officio member of the Oklahoma Tourism Commission. It gives the authority to appoint members to the commission to the Lt. Governor, rather than the Governor. It permits the Lt. Governor to appoint the Department of Tourism and Recreation's executive director. The bill passed 36-0.

-SB 1491, by Sen. John Sparks and Rep. Chris Kannady, prohibits a person from intentionally operating an unmanned aircraft at less than 500 feet above the surface over the private agricultural property of another. It establishes a penalty of not more than $500 or by imprisonment not to exceed one year. The bill passed 37-11.

-SB 139, by Sen. Joseph Silk and Rep. Johnny Tadlock, exempts persons or business entities that do not buy, sell or act with intent to acquire or transfer title ownership to real estate in regards to unlicensed individuals acting as real estate licensees. The bill passes 30-14.

-SB 928, with title restored, by Sen. Kim David and Rep. Terry O'Donnell, clarifies language related to the larceny of merchandise held for sale in retail or wholesale establishments. It modifies the penalty by providing that the larceny of merchandise held for sale in retail or wholesale establishments of more than $1,000 but less than $2,5000 will be a felony punishable by up to two years imprison and a fine not to exceed $1,000. It provides the larceny of goods more than $2,500 but less than $15,000 will be a felony punishable by imprisonment not to exceed five years and by a fine not to exceed $1,000. It provides the larceny of good of $15,000 or more will be a felony punishable by imprisonment of not more than eight years and affine not to exceed $1,000. It permits the value of the merchandise to be aggregated when three or more separate offenses are committed within a 90-day period. It provides each person will be liable for the aggregate value of the good taken if the violation occurs in concert with at least one other individual and subject to the applicable punishment. It requires any person convicted of the crime to pay restitution to the victim. The bill passed 41-2.

-SB 1021, with title restored, by Sen. Stephanie Bice and Rep. Leslie Osborn, permits a judge to use but not as the sole factor for making a determination whether a defendant is admitted to bail and the defendant or another person on behalf of the defendant posts a bond, other than by personal recognizance, for appointment of a county indigent defender or appointment of an attorney from the Oklahoma Indigent Defense System. The bill passed 41-0.

-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 39-0.

-SB 1059, with title restored, by Sen. Marty Quinn and Rep. Chris Kannady, defines the term "assessment percentage" to mean means the percentage applied to personal property and real property pursuant to Article 10, Section 8 of the Oklahoma Constitution. The bill removes the term "actual fair cash value" and replaces it with "fair cash value" and "market value." The bill modifies the definition of "taxable value" to conform with the other changes. The bill establishes notice requirements for cases in which the county assessor increases the valuation of any personal property above that returned by the taxpayer. The bill passed 32-7.

-SB 1101, by Sen. John Sparks and Rep. Glen Mulready, creates the Insurance Business Transfer Act. It provides a basis and procedures for the transfer of policies from a transferring insurer to an assuming insurer by way of an Insurance Business Transfer without the consent of policyholders or reinsureds. The bill establishes requirements for notice and disclosure standards and procedures for the approval of the transfer and novation by the Oklahoma Insurance Commissioner and the District Court of Oklahoma County. The bill passed 42-1.

-SB 1158, by Sen. Paul Scott and Rep. Jeff Coody, clarifies language related to restrictions for convicted felons and delinquents possessing firearms. The bill passed 42-1.

-SB 1169, by Sen. Paul Scott and Rep. Glen Mulready, requires every insurance company doing business in Oklahoma that issue compulsory liability insurance to notify the Department of Public Safety electronically of every person who fails to make payment on such a policy that results in the cancellation of the policy. It provides procedures for notification. The bill passed 44-1.

-SB 1327, by Sen. Bill Brown and Rep. Sean Roberts, authorizes the county clerk to employ a general counsel through an outside law firm, to advise or represent the county clerk and his or her office in the performance of the official duties of that office. It requires the board of county commissioners to approve all contracts for outside counsel. It requires the general counsel employed be compensated from the funds of the employing county office. The bill passed 38 to 5 and its emergency clause passed 39-4.

-SB 1419, with title restored, by Sen. J.J. Dossett and Rep. Ben Loring, makes it unlawful for any person operating a motor vehicle on any street or highway to use a handheld electronic communications device, while the vehicle is in motion, in a school zone, during normal school hours, unless the device is used with an accessory which allows the person to communicate without the use of his or her hands, other than to activate, deactivate or initiate a feature or function of the device. The bill and its emergency clause passed 37-9.

-SB 1493, by Sen. James Leewright and Rep. Marcus McEntire, allows a licensee who is authorized to sell goods at any location where supervised loans are made upon meeting should the Administrator of the Department of Consumer Credit be notified and any sale of goods be purchased through a loan with the licensee. The bill passed 33-6.
-SB 1502, by Sen. Anthony Sykes and Rep. John R. Bennett, allows a child support obligee the right to use proceedings in the district court to enforce child support obligations. It allows any order issues by the district court in such proceedings to supersede any order entered pursuant to a Department of Human Services administrative hearing. The bill passed 44-0.

-SJR 35, by Sen. John Sparks, proposes a vote of the people on a constitutional amendment that would create an endowment fund to be used for state government expenses. It would require at least 5.0 percent of the gross production tax be placed in the endowment fund every year. It requires the funds be invested. It would limit withdrawals from the fund to no more than 4 percent annually. It would require that amount be placed in a fund to be spent like state government general revenue. It prohibits its expenditure on debt service for bonds. The resolution passed 42-0.

Other News

• The Oklahoma Police Pension and Retirement System Board of Directors terminated Executive Director Steve Snyder during a special meeting Monday. Board members voted 10-1 in favor of Snyder's immediate dismissal. Board member Tony Davenport cast the only vote not to dismiss Snyder.

Attorney General Mike Hunter announced March 7 that officials with his office served a search warrant and began confiscating electronic equipment at the Oklahoma Police Pension and Retirement System based on evidence relating to the organization's operating funds. According to an affidavit for the search warrant, an anonymous tip led the Oklahoma Office of Management and Enterprise Services (OMES) audit unit to conduct an investigation concerning Snyder. Through an analysis of his travel claims and email, the unit concluded nine claims for reimbursement totaling $26,265 were made by Snyder for personal travel. Snyder has not been charged.

• Secretary of State Dave Lopez submitted his letter of resignation from Gov. Mary Fallin's cabinet late last week, effective March 31. Lopez was appointed Secretary of State one year ago. Fallin named him secretary of education and workforce development Jan. 3. Lopez previously served as Fallin's secretary of commerce from 2011 until 2013. During his career, Lopez held leadership positions for corporate, government and non-profit organizations, including 22 years with SBC Communications, the predecessor company of today's AT&T. After retiring from the company, he served as president of Downtown Oklahoma City, Inc., and as president of the American Fidelity Foundation. After his time as secretary of commerce, Lopez served as interim superintendent of Oklahoma City Public Schools for a year.

• Governor Mary Fallin helped welcome Irish Prime Minister Leo Varadkar to Oklahoma on Monday when he visited with members of the Choctaw Nation who donated money to Irish famine relief in 1847. While in Oklahoma, Varadkar personally thanked Choctaw Nation Chief Gary Batton for the contribution made by his ancestors and announced a scholarship program that will allow members of the Choctaw Nation to come to Ireland to study. The prime minister made his comments during an event in which the Choctaw Nation presented traditional cultural and sporting performances. Irish Prime Minister Leo Varadkar holds a statue of Will Rogers presented to him Monday by Governor Mary Fallin. The presentation was made after the prime minister met with the governor and Choctaw Nation Chief Gary Batton.

• Attorney General Mike Hunter and Corrections Director Joe M. Allbaugh Wednesday, announced inert gas inhalation will be the state’s primary method of execution once a protocol is developed and finalized. The new methods adoption comes as officials with the Oklahoma Department of Corrections (DOC) cannot acquire the proper drugs required to perform executions by lethal injection. According to the state law, if lethal injection is held unconstitutional or is unavailable, an execution shall be carried out by nitrogen hypoxia. Attorney General Hunter said the new procedure is the best way for the state to move forward with executions and ensure justice is met for victims of heinous crimes.

Corrections Director Allbaugh said his agency is currently studying inert gas inhalation and is working to develop a protocol and procedure to carry out future executions.