The Oklahoma Senate


Week In Review
Monday, April 3, to Thurs., April 6, 2017


Monday, April 3, 2017

• The Senate Education Committee met on Monday and approved the following bills:

-HB 1715, by Rep. Lewis Moore and Sen. David Holt, creates the Patriotic Access to Students in Schools Act (PASS Act). The bill provides that any district board of education may encourage increased community involvement in public schools. The bill allows any youth group listed in Title 36 of the United States Code as a patriotic society to use any school building or property to provide services allowing students to participate in activities provided by the groups at times other than instructional time during the school day. The bill requires the principal of each public school, beginning with the 2017-2018 school year, to allow representatives of a patriotic society the opportunity to speak with and recruit students to participate in their organizations during school hours to inform the students of how the patriotic society may further the students' educational interests and civic involvement to better their schools, communities and themselves. The bill requires the patriotic society to provide verbal or written notice to the principal of its intent to speak to the students. It also directs the principal to provide verbal or written approval of the specific day and time for the society to address the students.

-CS to HB 1459, by Rep. Jon Echols and Sen. A J Griffin, provides an exemption for students in out-of-home placement with the Department of Human Services who were adopted while in permanent custody of DHS or who were in out-of-home placement with the Office of Juvenile Affairs for eligibility under the Lindsey Nicole Henry Scholarship. The committee substitute allows those with an individualized service plan to be eligible.

-HB 1577, by Rep. Chad Caldwell and Sen. Gary Stanislawski, requires school districts to include on their website an itemized accounting of all vacant or unused properties owned, leased or under the control of a school district. The amended removes the requirement for the State Department of Education post on their website.

-HB 1622, by Rep. Michael Rogers and Sen. Gary Stanislawski, requires a school district to notify a teacher if a school district intends to provide retirement benefits to a teacher such that the teacher's salary would be less than the minimum salary schedule.

-HB 1667, by Rep. Todd Thomsen and Sen. Eddie Fields, modifies the way in which the State Board of Education awards contracts for statewide student assessment system when preparing students for college and careers. It allows assessments to be reviewed for alignment to the subject matter standards. The bill requires the six-year subject area textbook adoption cycle to align to the subject matter standards adoption cycle.

-HB 1668, by Rep. Todd Thomsen and Sen. Dave Rader, deletes language requiring high schools to advise students who participate in any athletic program in writing the effect of receiving money or other things of value on the future eligibility of the student to participate in the intercollegiate athletics.
-HB 1694, by Rep. Scott Martin and Sen. Gary Stanislawski, modifies provision of information to be included in the personal financial literacy education course taught in public schools. It requires the course to be taught during grades seven through 12 before the 2019-2020 school year and from grade nine to 12 thereafter.

-HB 1789, by Rep. Edward Cannaday and Sen. Dewayne Pemberton, requires quality training to be provided in multisensory structured language teaching methods in order to meet the needs of students identified as having dyslexia. It establishes criteria for quality training. The bill also requires teacher candidates to study multisensory structured teaching methods proven effective for students with dyslexia.

-HB 1952, with title stricken, by Rep. John Jordan and Sen. Lonnie Paxton, prohibits a school district from taking disciplinary action against a teacher for disclosing public information to correct what he or she reasonably believes evidences a violation of the Oklahoma Constitution or law or a rule promulgated pursuant to law; or for reporting a violation of the Oklahoma Constitution, state or federal law, rule or policy; mismanagement; a gross waste of public funds; an abuse of authority; or a substantial and specific danger to public health or safety or for taking any of the above actions without giving prior notice to his or her supervisor or anyone else in the teacher's chain of command. It requires each district to prominently post in public a copy of this law in locations where it can reasonably be expected to come to the attention of all teachers.

-HB 1957, by Rep. Rhonda Baker and Sen. Ron Sharp, removes the requirement that a person enrolled in an alternative teacher placement program have at least two years of work experience which is related to the subject area of specialization if the person has only a baccalaureate degree with no post baccalaureate work in a related area.

-HB 2155, by Rep. Jadine Nollan and Sen. Gary Stanislawski, requires the State Board of Education to adopt a new statewide system of college and career planning tools to be known as the Individual Career Academic Plan (ICAP). It requires the Board to work with school districts to incorporate ICAP into graduation requirements. The bill requires students beginning in the school year 2019-2020 to be required to complete the process of an ICAP in order to graduate from a public high school. The bill requires the ICAP to include career and college interest survey, academic progress, workforce goals and workforce experience. It creates an implementation schedule.

• The Senate Retirement and Insurance Committee advanced a bill Monday that would transfer responsibility for the online compulsory insurance verification system from the Department of Public Safety to the Oklahoma Insurance Department.

-HB 2332, by Rep. Jeff Coody and Sen. Marty Quinn, bill transfers the online compulsory insurance verification system from the Department of Public Safety to the Oklahoma Insurance Department. It permits the Insurance Commissioner to initiate an administrative proceeding against any insurance company found not be in compliance with the provisions of the act or rule promulgated by the department.

-HB 1162, by Rep. Randy McDaniel and Sen. Gary Stanislawski, creates the Pension Protection Act. The bill increases the vesting schedule from five years to seven years for members of the Teachers' Retirement System.

-HB 1705, by Rep. Randy McDaniel and Sen. Marty Quinn, amends the definition of "eligible retirement plan" to include a SIMPLE IRA effective for distribution after December 18, 2015, for purposes of a rollover contribution to such SIMPLE IRA, but only if such rollover contribution is made after December 18, 2015, and only if such rollover contribution occurs after the two-year period as described in the Internal Revenue Code of 1986. The bill also adds a definition for mandatory distribution. It adds that in the event of a Mandatory Distribution greater than $1,000 made on or after June 28, 2018, if the member does not elect to have such distribution paid directly to an Eligible Retirement Plan specified by the member in a Direct Rollover or to receive the distribution directly, then the State Board will pay the distribution in a Direct Rollover to an individual retirement plan designated by the State Board.

-HB 1706, by Rep. Randy McDaniel and Sen. Marty Quinn, ensures the Oklahoma Law Enforcement Retirement System remains in compliance with the Internal Revenue Service by allowing the agency to roll money from its system to an IRA.

• The Senate approved several bills on Monday, including:

-JCR for HB 2342, by Rep. Leslie Osborn and Sen. Kim David, and its emergency clause appropriates for FY2017 $4.2M from the Constitution Reserve Fund (Rainy Day Fund) and $18M from the Unclaimed Property Fund to the Oklahoma Department of Human Services for Developmental Disabilities Services waivers and $11.8M from the Unclaimed Property Fund to the Oklahoma Department of Human Services for the purpose of funding Aging Services waivers.

-HB 1428, by Rep. Kyle Hilbert and Sen. Jason Smalley, creates the Handgun Carry Military Age Exemption Act. It modifies eligibility requirements for handgun licenses by allowing individuals under the age of 21 who are active or veteran military members to qualify for eligibility for a license.

• The Senate Health and Human Services Committee gave a do pass on the following legislation:

-HB 1708, by Rep. Mike Ritze and Sen. Ervin Yen, modifies the membership of the Oklahoma Board of Mental Health by requiring two members be an allopathic physician and an osteopathic physician, with both licensed to practice in this state appointed under provided criteria. The bill passed on a vote of 6 to 4.

-HB 1448, by Rep. George Faught and Sen. A J Griffin, requires chiropractic license applicants for an original license to submit to a national criminal history record check and pay the costs associated with the check.

-HB 1491, by Rep. Carl Newton and Sen. Bryce Marlatt, as amended and with title stricken, modifies provisions of the Oklahoma Child Care Facilities Licensing Act. It lowers the age of children at summer youth camp exempt from provisions of the Act from five to four and increases the number of hours for child care facilities exempt from 15 to 21. It requires the care and supervision be provided for school-aged children only in a center based program for 21 or fewer hours a week.

-HB 1559, by Rep. Jon Echols and Sen. Ervin Yen, adds any federal Food and Drug Administration-approved cannabidiol drug or substance to the definition of the term "Marihuana."

-CS for HB 1886, by Rep. Pat Ownbey and Sen. Frank Simpson, modifies various definitions and statutory references under the Oklahoma Nursing Practice Act. It allows the Oklahoma Board of Nursing to impose disciplinary action for an individual guilty of deceit or material misrepresentation by trying to obtain a license with or without either prescriptive authority recognition or authorization to order, select, obtain and administer drugs. It also grants the Board authority to impose disciplinary action for an individual who has been terminated from the peer assistance program. The bill allows the Board to take immediate action regarding the summary suspension of a license or certification before the filing of a sworn complaint or at any other time before the outcome of an individual proceeding if they find that preservation of the public health, safety or welfare requires immediate action. It requires the board to notify a licensee within seven
days after the summary suspension by letter that the suspension has occurred. It provides the content of such letter. It requires the hearing to take place within 90 days of the summary suspension letter. It requires the meetings outlined therein to not fall under the Open Meeting Act.

-HB 1888, by Rep. Pat Ownbey and Sen. David Holt, allows the Inspector General of the Department of Human Services to require, by subpoena, the production of any records, including books, papers, documents and other tangible things which contain evidence relevant to the investigation for any investigation relating to crimes committed against DHS or crimes committed in the course of any program administered by the Department, or in investigations of Medicaid recipient fraud. It allows the production of records to be required from any place in the state to be forwarded to the Inspector General. The bill establishes compliance procedures with the subpoena and the contents of such subpoena. The bill also allows the Inspector General to invoke the aid of any district court of the state within the jurisdiction of which the investigation is conducted in the case of a refusal to obey a subpoena issued to any person.

• The Senate General Government Committee approved the following bills on Monday:

-HB 1108, by Rep. Bobby Cleveland and Sen. Ron Sharp, replaces all references to the Association of County Commissioners of Oklahoma to the Oklahoma Cooperative Circuit Engineering Districts Board when relating to the Department of Transportation County Advisory Board.

-HB 1516, by Rep. Josh Cockroft and Sen. Chris Kidd, prohibits the board of county commissioners from deeming any property to be surplus during the elections of any two county commissioners occurring at the same time. It provides requirements for declaring county property or material surplus. It provides procedures in instances if two incumbents draw no opponents or if the two or more incumbent county commissioners both win their reelections.

-HB 1759, by Rep. Katie Henke and Sen. Dave Rader, exempts from the prohibition on dual office holding someone who holds a county office and serves as a reserve force deputy sheriff, or a reserve special agent with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or a reserve municipal police officer.

-HB 1949, by Rep. John Jordan and Sen. Nathan Dahm, creates the Bond Transparency Act of 2017. It requires the governing board of any local government entity to publish on their website a description of the projects or assets what will be acquired within 30 days after the approval of the bond. It also requires information relating to what will be improved or repaired from the bonds and a description of all unpaid or unfinished bonds. It allows the entity to publish such information in a newspaper if there is no other reasonable method. The bill specifies which entities are to comply with these provisions.

-HB 1999, with enacting clause stricken, by John Jordan and Sen. Nathan Dahm, requires all rules promulgated by every agency, board and commission to sunset once every four years. It requires a joint committee to be formed by members of the House and Senate during the preceding year of the sunset of each agency's rules. It requires the committee be made up of five members of the House and five members of the Senate. It establishes the process for appointing the chair and vice chair. It provides the members of the review committee do not have to be the same for each agency, board and commission. It requires a review of the rules to be conducted during the interim with a recommendation being made for the rejection and removal of any rules as needed.

-HB 2211, by Rep. Avery Frix and Sen. Dave Rader, authorizes the Metropolitan Area Planning Commission to adopt regulations permitting staff to approve or deny plats, lot-splits and other matters.

-HB 2230, by Rep. Glen Mulready and Sen. Anthony Sykes, exempts commissaries for the benefit of persons lawfully confined in the county jail under the custody of the county sheriff from the requirement to give priority to vending facilities operated by licensed blind operators and established by the State Department of Rehabilitation Services.

-HB 2310, by Rep. Mark Lepak and Sen. Marty Quinn, modifies the duties of the J.M. Davis Memorial Commission.

• The House Appropriations and Budget Subcommittee on Public Safety gave their approval to the following measures:

-SB 35, by Sen. Kim David and Rep. Kevin McDugle, permits a person 21 years of age or older on active military or National Guard duty, regular military or National Guard reserve duty or retired or honorably discharged from military service and who presents a valid military identification card in lieu of a handgun license to carry a concealed or unconcealed weapon without obtaining a handgun license. It removes language that provides an exemption from the training requirement for those individuals. The bill adds reserve duty law enforcement officers from the list of those exempt from the training and qualification requirement. It removes language requiring the Council on Law Enforcement Education and Training (CLEET) to establish criteria for providing proof of an exemption. The bill permits out-of-state permit holders to carry unconcealed weapons.

-SB 89, by Sen. Greg McCortney and Rep. Todd Thomsen, increases to $30 from $20 the registration fee the Council on Law Enforcement Education and Training (CLEET) is authorized to charge to cover the cost of meals it provides during training for peace officers. It expands the list of meals to include dinner.

-SB 325, by Sen. Jack Fry and Rep. Tim Downing, requires persons convicted in this state that make a request for transfer to another state pursuant to the Interstate Compact to pay a transfer application fee of $100 for each transfer application submitted. It requires the fee be paid to the Department of Corrections. It permits the Department of Corrections director to waive the fee if it is determined that payment of the fee will constitute an undue economic burden on the offender. It requires the fees collected be deposited into the Department of Corrections Revolving Fund.

• The House passed several bills Monday afternoon, including:

-JCR to SB 834, by Sen. Eddie Fields, Sen. Kim David, Rep. Kevin Wallace, and Rep. Leslie Osborn, appropriates $710,731 to the Oklahoma Indigent Defense System from the Unclaimed Property Fund. It exempts the appropriation from agency category and budget limits. The bill and its emergency clause passed 91 to 0.

-SB 36, by Sen. Micheal Bergstrom and Rep. Bobby Cleveland, adds the definition of the term "handgun" to the Firearms Act. The bill passed 88 to 3.

-SB 427, by Sen. Marty Quinn and Rep. Glen Mulready, requires a service warranty seller to clearly identify the obligor of the warrant. It requires information to be printed at the time of sale to be indicated as such. The bill requires each service warranty association to maintain a registry of each sales representative utilized by it in the state. It requires the registry to be provided to the Insurance Commissioner within 10 days upon request. The bill expands the provisions of misrepresentation and false advertising of service warranties. The bill passed 90 to 0.

• The House Appropriations and Budget Subcommittee on General Government advanced several bills on Monday, including:

-SB 60, by Sen. Stephanie Bice and Rep. Ryan Martinez, removes the requirement that the Tax Commission issue decals that contain two-letter county abbreviations for all-terrain vehicles, utility vehicles and motorcycles used exclusively off roads and highways. The bill requires the commission to distribute all decals containing a two-letter abbreviation before beginning to distribute those that do not. It removes outdated language concerning motor vehicle tags.

-SB 154, by Sen. Tom Dugger and Rep. Greg Babinec, expands actions which may be taken by the Incentive Evaluation Commission to include modification of evaluations provided. The bill also modifies the date in which the Commission must hold at least one public meeting to from November 1 to the 30 to October 1 through November 30. It also permits the commission to modify an incentive evaluation prepared by its contractor and requires the modification and the original evaluation to be documented in its annual report.

-SB 234, by Sen. Frank Simpson and Rep. Tommy Hardin, creates a petty cash fund for
programs of the Oklahoma Military Department, including but not limited to billeting funds, youth programs and military awards and decoration programs, the sum of which will be determined as agreeable to the Oklahoma Military Department and the Director of the Office of Management and Enterprise Services. It directs the Director to establish procedures for the administration of this petty cash fund.

-SB 638, by Sen. Greg Treat and Rep. John Montgomery, creates the State Debt Affordability Study Act which requires the State Bond Advisor and the Office of Management and Enterprise Services to jointly produce its annual written debt affordability study to determine Oklahoma's debt position relative to its benchmark debt ratio of debt service as a percentage of revenue. It establishes guidelines for information to be included in the study and requires a copy to be presented to the Legislature and the Governor before January 15 of each year.

• The House Appropriations and Budget Committee passed several measures on Monday, including the following:

-SB 170, with title restored, by Sen. Roger Thompson and Rep. Earl Sears, declares null and void action of the Board of Equalization that would result in the individual income tax decreasing from 5.0 percent to 4.85 percent. The bill repeals statutory language establishing the process for the Board of Equalization to make a finding that would result in the individual income rate decrease and the requirement that the rate decrease when a particular finding is made.

-SB 39, by Sen. Roger Thompson and Rep. Kevin Wallace, increases the fingerprinting fee to $10 from $5.

-SB 91, by Sen. Kim David and Rep. Leslie Osborn, requires notice to be sent to the last known address of the owner of the real property on which a manufactured home is located if personal property taxes on a manufactured home that is located on property not owned by the owner of the manufactured home.

-SB 292, with enacting clause stricken, by Sen. Roger Thompson and Rep. Earl Sears, authorizes the Oklahoma Tax commission, the Oklahoma Department of Human Services and the Oklahoma Employment Security to require agency employees in positions that have access to Federal Tax Information and data to supply all information and documentation required in order to be subjected to a criminal history search by the Oklahoma State Bureau of Investigation, as well as be fingerprinted for submission of the fingerprints through the Oklahoma State Bureau of Investigation to the Federal Bureau of Investigation for a national criminal history check. It requires the record check be supplied to the appropriate employer. It also requires the record check include a national criminal record with a fingerprint analysis.

-SB 433, by Sen. Eddie Fields and Rep. Harold Wright, increases aircraft registration fees.

-SB 467, with title restored, by Sen. Dan Newberry and Rep. Jon Echols, requires 90 percent of all fees and civil penalties collected by the Department of Consumer Credit to be deposited in the Consumer Credit Administrative Expenses Revolving Fund.

-SB 582, with enacting clause stricken, by Sen. Rob Standridge and Rep. Bobby Cleveland, increases to one year from 90 days the time period at which an insurer is prohibited from taking an adverse action against a consumer based on credit information, unless an insurer obtains and uses a credit report issued or an insurance score calculated from the date the policy is first written or renewal is issued.

-SB 586, with title restored, by Sen. Darcy Jech and Rep. John Pfeiffer, reauthorizes the income tax check off contained in the Wildlife Diversity Fund effective January 1, 2018.


Tuesday, April 4, 2017

• The Senate approved HB1394, by Rep. Tim Downing and Sen. Greg McCortney, on Tuesday. The measure eliminates the sunset date for the Domestic Violence Fatality Review Board within the Office of the Attorney General. The bill now goes to Gov. Mary Fallin for her consideration.

• The Senate Transportation Committee advanced several measures Tuesday, including the following:

-HB 1636, by Rep. Scott Inman and Sen. Kyle Loveless, requires the utility owners to provide funds if utility facilities requiring relocation are owned by another municipality having a population of 5,000 or more, in which case the utility owner shall furnish the funds. It eliminates the inclusion of private utility companies under the bill's provisions.

-HB 2179, by Rep. Charles Ortega and Sen. Joe Newhouse, amends standards of the Aircraft Pilot and Passenger Protection Act. The bill allows the permittee to amend a permit once a permit under certain conditions.

• The Senate Judiciary Committee gave its approval Tuesday to several bills as follows:

-HB 1127, by Rep. Scott Biggs and Sen. A J Griffin, requires the court to instruct a jury on the definition of "consent" as defined therein in any criminal jury trial of a crime involving any type of sexual contact or behavior where consent is an element of the crime of a defense raised by the accused.

-HB 1235, by Rep. Mike Osburn and Sen. Anthony Sykes, requires the filing of an affidavit if alternative method of process is needed.

-HB 1243, by Rep. Mark Lepak and Sen. Anthony Sykes, exempts from certain investment requirements money belonging to estates of minors and incapacitated or partially incapacitated persons, subject to the jurisdiction of a court, when an individual guardian is investing the money belonging, provided that the guardian has contracted with a person who is a registered investment advisor representative pursuant to the Oklahoma Uniform Securities Act of 2004 and a certified Financial Planner credentialed by the Certified Financial Planner Board of Standards; provided further that the court authorizes such investments.

-HB 1825, by Rep. Chris Kannady and Sen. Jason Smalley, modifies definitions related to the Deployed Parents Custody and Visitation Act to include civilian personnel and contractors serving in designated combat zones.

• The Senate Appropriations Subcommittee on Finance advanced five bills Tuesday:

-HB 1187, by Rep. Avery Frix and Sen. Roger Thompson, prohibits the enacting of any tax incentive without provisions authorizing said incentives containing a specific date after which the incentive may no longer be authorized. The amendment, by Sen. Micheal Bergstrom, requires the specific date be no more than four years after enactment of the incentive.

-HB 1853, by Rep. Charles Ortega and Sen. Roger Thompson, increases the time period for submission of additional information related to property tax relief from 30 days to 60 days. The bill also repeals language related to donations from income tax refunds.

-HB 2252, by Rep. David Brumbaugh and Sen. James Leewright, allows taxpayers who are not currently under audit or investigation, who have not collected taxes from others and who have not within the preceding three years entered into a voluntary disclosure agreement for the type of tax owed, to enter into a voluntary disclosure agreement with the Tax Commission in order to report a state tax liability owed by the taxpayer. It allows taxpayers who have not collected taxes from others, such as sales and use taxes or payroll taxes and not reported those taxes to enter into a modified voluntary disclosure agreement provided that they meet all the other requirements therein. It requires the Tax Commission to limit the period for which additional taxes can be assessed to three taxable years for annually filed taxes, or 36 months for taxes that do not have an annual filing frequency. It allows voluntary disclosure agreements to be denied or nullified by the Tax Commission if a taxpayer's failure to report or pay is determined to be the result of a pattern of intentional or gross negligence regarding compliance with the laws. It requires the provisions of a modified voluntary disclosure agreement be the same as a voluntary disclosure agreement as specified therein. It provides exemptions. It authorizes an election by taxpayers regarding the allocation of a sales amount.

• The Senate Agriculture and Wildlife Committee approved several bills on Tuesday, including:

-HB 2324, by Rep. Jeff Coody and Sen. Paul Scott, allows the holder of a Department of Agriculture, Food, and Forestry permit for engaging in the management of depredating animals by use of aircraft to contract with and authorize other persons to engage in the management of depredating animals by use of an aircraft, provided that the permit holder accompanies the authorized person while engaging in the activity and, if engaging in the activity on private property, the authorized person has consent of the landowner. It provides that any person contracting with or authorized by a permit holder will not be required to have a permit to engage in the management of depredating animals by use of aircraft. It requires the permit be carried in the aircraft when performing management by the use of aircraft. It prohibits the department from requiring the pilot hold a specific type of pilot's license and from requiring the permit holder or pilot to carry liability insurance. It permits the use of any type of firearm.

-HB 1304, by Rep. Casey Murdock and Sen. Darcy Jech, modifies definitions within the Oklahoma Swine Feeding Operations Act. It removes language regarding operations subject to the Oklahoma Swine Feeding Operations Act and provides an exception to setback requirements. It specifies that no concentrated swine feeding operation is to be established if located on land within three miles of the limits of any municipality unless the municipality's governing body executes a written waiver of the setback for the particular animal feeding operation. It prohibits a change in ownership of the property on which the operation is located from affecting the validity of the waiver.

-CS for HB 1431, by Rep. Kyle Hilbert and Sen. Roland Pederson, modifies language relating to the Oklahoma Sorghum Resources Act. It updates references to the Oklahoma Department of Agriculture, Food and Forestry. It deletes references to initial election of the Oklahoma Sorghum Commission. The measure directs the Agricultural Extension of Oklahoma State University to designate referendum locations.

-HB 1501, by Rep. Scott Fetgatter and Sen. Roger Thompson, decreases the frequency of the required regular meetings of the Oklahoma Wildlife Conservation Commission to nine times per year, not exceeding one meeting per month.

-HB 1601, by Rep. John Enns and Sen. Larry Boggs, requires the Oklahoma Department of Agriculture, Food, and Forestry to enter into a written agreement on behalf of the State of Oklahoma with the United States Department of Agriculture Wildlife Services in conducting wildlife damage management for beavers, coyotes, bobcats, feral swine, and other wildlife or invasive species causing destruction to livestock, poultry, crops, range land, forests, and other resources, including human health and safety. It authorizes agents of the State Board of Agriculture engaged in wildlife damage management to carry firearms in the course of their official duties. It requires authorized agents to pass a background check by the Oklahoma Department of Agriculture, Food, and Forestry and be trained in accordance with United States Department of Agriculture Wildlife Services' guidelines for the use of firearms in wildlife damage management.

• The House Appropriations and Budget Subcommittee on Human Services gave its approval to four bills Tuesday in a short meeting, including:

-SB 829, as amended, by Sen. A J Griffin and Rep. Carol Bush, authorizes the Oklahoma Commission on Children and Youth to receive 5 percent in administrative costs from the Child Abuse Multidisciplinary Account Fund. The amendment increased the amount allowed under law from 1 percent to 5 percent. The bill was approved 5 to 1.

-SB 218, by Sen. A J Griffin, and Rep. Tim Downing, specifies a 3 percent fee amount, not exceeding $10, for each child support payment received per month.

-SB 748, with the enacting clause stricken, by Sen. A J Griffin, and Rep. Rhonda Baker, permits the Department of Human Services, subject to available funding and in consultation with an evaluation team created under the bill, to create a pilot program to improve socioeconomic outcomes for children in state custody. It establishes requirement for the pilot program, if implemented. It requires an evaluation team to determine the effectiveness of the pilot program and make a report to the Legislature and the department annually. It lists points to be evaluated. It establishes members of the evaluation team. It permits the department to contract for services necessary to carry out the duties of the department pursuant to the provisions of the bill and to accept the services of volunteer workers or consultants, provided no compensation be provided for such services. It permits the department to promulgate necessary rules.

• The House unanimously passed the following measures heard Tuesday morning with little discussion:

-SJR 46, by Sen. Anthony Sykes and Rep. Scott Biggs, proposes a vote of the people on a constitutional amendment that expands the rights of crime victims. It requires crime victims to be informed of their rights. It requires courts to enforce these rights. The measure, also known as Marsy’s Law, passed 88 to 0.

-SB 50, by Sen. Kay Floyd and Rep. Jadine Nollan, modifies the duties of guardians ad litem. It requires their written reports to be factual. It specifies that the court determines what is in the best interest of the child. The bill passed 91 to 0.

-SB 746, by Sen. Greg McCortney and Rep. Mike Ritze, permits the Board of Examiners of Perfusionists to review and verify medical credentials and screen applicant records through recognized national information services. The bill passed 90 to 0.


Wednesday, April 5, 2017

• The Senate considered and passed one bill Wednesday. HB 1819, by Rep. Carl Newton, and Sen. Stephanie Bice, provides coverage and benefits for prescription eye drops under specified conditions. The bill defines terms. The measure now goes to Gov. Mary Fallin for her consideration.

• The Senate Appropriations Subcommittee on Public Safety and the Judiciary gave do pass recommendations to a handful of bills on Wednesday, including:

-HB 1670, by Rep. Todd Thomsen and Sen. Greg McCortney, increases the fee amount to be paid to the court for traffic offenses from $9 to $10, which would go to the Council on Law Enforcement Education and Training (CLEET).

-HB 1821, by Rep. Chris Kannady and Rob Standridge, increases the hours of mandatory training for reserve special agents of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control to 240 hours. The bill requires any employee of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control in a classified position who is appointed Director, Deputy Director, Acting Director or Acting Deputy Director the right to return to the highest previously help classified position without any loss of rights if the employee is not otherwise disqualified. It allows the Director to designate noncommissioned personnel as compliance inspectors for the purpose of conducting inspections. It prohibits any person having knowledge by virtue of his or her office of any such prescription, order or record from divulging such knowledge, except where such use is appropriate to the proper performance of his or her official duties in the prevention of the misuse and abuse of controlled dangerous substances.

-HB 1833, by Rep. Mike Sanders and Sen. A J Griffin, dedicates a portion of the Insurance Premium Tax to the State Fire Marshal's Office, making it a non-appropriated agency. It also transfers, the duties, responsibilities and equipment of the Oklahoma Council on Firefighter Training and transfers its duties and equipment to the State Fire Marshal. It creates an advisory committee.

-HB 2306, by Rep. Charles McCall and Sen. Jason Smalley, adds a $25 fee for issuing a
subpoena for each person and a $25 fee for motions to enter.

• The Senate Rules Committee approved the following measures on Wednesday:

-HB 1259, by Rep. Mike Sanders and Sen. Jason Smalley, bill modifies the requirements for individuals seeking election to hold the office of the county sheriff. It requires the person to have served as a duly certified peace officer in a full-time capacity for a period of four years or more prior to the date of filing for the office. It defines the term "peace officer." The amendment, by Smalley, clarifies the full-time serve could be out-of-state or in the military.

-CS for HB 1564, by Rep. Jon Echols and Sen. Nathan Dahm, modifies the requirement for a petition supporting a candidate's filing. It requires the petition be signed by not fewer than 2 percent of the number of registered voters in the district, county or state, as appropriate for the office sought. It modifies the amount of fees to file as candidate for certain offices. It increases the fee for presidential candidates who submit a petition supporting their filling from $2,500 to $5,000.

• The Senate Appropriations Committee passed several measures on Wednesday, including:

-HB 1449, by Rep. Dustin Roberts and Sen. Stephanie Bice, levies a Motor Fuels Tax Fee of $100 for electric-drive motor vehicles and $30 for hybrid-drive motor vehicles to be paid to the Oklahoma Tax Commission. As presented, it requires revenue from the fee to be deposited in the General Revenue Fund.

-HB 1005, by Rep. Scott Biggs and Sen. A J Griffin, makes rape by instrumentation a first degree crime, eliminating the requirement that it result in bodily injury and regardless of the age of the victim.

-CS for HB 1187, as amended, by Rep. Avery Frix and Sen. Roger Thompson, prohibits the enacting of any new tax incentive a sunset date of no more than four years after its implementation. The committee substitute's changes initially were adopted Tuesday in the Senate Appropriations Subcommittee on Finance. The amendment, by Sen. Stephanie Bice, clarifies that the incentive must be new.

-HB 1306, by Rep. Casey Murdock and Sen. James Leewright, creates the Blue Lives Matter in Oklahoma Act of 2017. The bill modifies the punishment for persons convicted of first degree murder or for persons who plead guilty or nolo contendere to murder in the first degree by requiring he or she be punished by death and not be entitled to or afforded the benefit of receiving a punishment of imprisonment for life without parole, imprisonment for life or deferment of the sentence.

-HB 1384, as amended, by Rep. Carol Bush and Sen. Dave Rader, requires all state agencies to provide debriefing and counseling services for employees who are affected by violent or involved in, witness or are otherwise exposed to traumatic events. It allows employees to use administrative leave to attend debriefing and counseling sessions. It corrects a reference to the Office of Management and Enterprise Services. The amendment clarified the administrative leave could be used for debriefing and counseling sessions and not for any other purpose.

-HB 1444, by Rep. Dustin Roberts and Sen. Ron Sharp, designates Good Friday and the Friday before Easter as state holidays.

-HB 1533, as amended, by Rep. John Montgomery and Sen. Greg Treat, requires the State Bond Advisor and Office of Management and Enterprise Services to produce a written debt affordability study for the Legislature and Governor. It requires the study's recommendations and estimates be advisory and not binding. The amendment clarifies that the report will focus on the debt of state agencies and public trusts authorized by the state to issue debt.

• The Senate Appropriations Subcommittee on Education approved the following proposals on Wednesday:

-HB 1114 by Rep. Michael Rogers and Sen. Jason Smalley, increases the minimum salary schedule for teachers. It provides a $1,000 pay raise during the 2017-18 school year, another $2,000 raise during the 2018-19 school year and a $3,000 raise during the 2019-20 school year. The bill specifies who is eligible and what counts toward a teacher's years of service. The bill now is eligible to be heard by the Senate Appropriations Committee.

-HB 1202, by Rep. Dennis Ray Casey and Sen. Marty Quinn, defines per-pupil expenditure to mean the aggregate current expenditures of school districts from all funding sources. The bill includes categories of expenditures and prohibits current expenditures to include monies used for adult and community education, facilities acquisition and construction services, debt services, property, and other expenditures not related to day-to-day operations.

-HB 1578, by Rep. Chad Caldwell and Sen. Gary Stanislawski, creates the School Finance Review Commission Act. It creates the School Finance Review Commission. It provides for membership. It provides a January 1, 2025 Sunset. It sets about responsibilities and goals of the Commission in reviewing all matter related to school finance. It requires the Commission for Educational Quality and Accountability provide staff and administrative support to the Commission. It requires the State Department of Education to aid either commission in providing necessary staff and administrative support. It requires the Commission submit its findings annually to the Governor, President Pro Tempore and the Speaker until its sunset.

• The House Appropriations and Budget Subcommittee on Finance approved the following on Wednesday:

-SB 353, by Sen. Kim David and Rep. Lewis Moore, exempts the National Guard Association of Oklahoma from sales tax.

-SB 438, by Sen. John Sparks and Rep. Glen Mulready, exempts insurance policies sold to any city or town in the state from the surplus lines premium tax.

-SB 445, as amended, by Sen. Joe Newhouse and Rep. Kevin Calvey, modifies the manner in which cap on annual credits is allocated and calculated for the Oklahoma Equal Opportunity Education Scholarship Act.

-SB 476, by Sen. Roger Thompson and Rep. Earl Sears, modifies apportionment of fees, taxes and penalties collected pursuant Oklahoma Vehicle License and Registration Act by removing the limitation relating to school district apportionment.

• House members passed a handful of bills Wednesday as follows:

-SB 324, by Sen. Jack Fry and Rep. Mike Sanders, creates the Oklahoma State Award Program Committee to create, establish eligibility requirements and make recommendation for awarding the Oklahoma Medal of Valor for meritorious service and the Oklahoma Purple Heart for serious line of duty injuries for law enforcement and public safety members employed by municipal, county, state and employees of federal agencies working in Oklahoma. It establishes the Oklahoma Medal of Valor and the Oklahoma Purple Heart for award by the Governor, in the name of the state, to any person who has demonstrated meritorious achievement, or a distinct act of courage, or who has incurred injury or wounds, while performing or actively engaged in public service activities. It limits the Oklahoma Purple Heart to law enforcement and public safety members employed by municipal, county, state and employees of federal agencies working in Oklahoma. It establishes membership of the committee. It sets meeting requirements. It establishes committee members' duties. It requires the Commissioner of the Department of Public Safety to promulgate certain rules. It requires the committee to consider candidates for award for the Oklahoma Medal of Valor and the Oklahoma Purple Heart only from the applications received. It permits the committee to go into executive session to deliberate and select recommended recipients. It requires the chair to present to the Governor the names of recommendations as medal recipients.

-SB 673, by Sen. Chris Kidd and Rep. Tim Downing, changes a reference to the Insurance Property and Casualty Rate Board to the Insurance Commissioner as it relates to the responsibility of the Attorney General to represent and protect the collective interests of insurance consumers in rate-related proceedings. The bill passed by a vote of 88 to 3.

-SB 715, by Sen. Greg McCortney and Rep. Dale Derby, provides a new procedure by which speech-language pathologists may receive a temporary license. It adds and modifies terms used therein. It updates statutory language. The bill passed by a vote of 53 to 37, but the emergency clause failed 50 to 27. Derby served notice to reconsider the emergency clause.

-SB 806, by Sen. John Sparks and Rep. Carol Bush, provides nutrition standards for all licensed child care facilities and eliminates screen time for children less than two years of age with the exception of special occasions. The bill passed by a vote of 58 to 32.

• The House Judiciary -- Criminal Justice and Corrections Committee approved four bills Wednesday including:

-SB 643, with the title restored, as amended, by Sen. Kim David and Rep. Scott Biggs, creates the Impaired Driving Elimination Act 2 (IDEA2). It modifies requirements related the Department of Public Safety providing certain notices related to driving privileges. It requires a prosecutor to forward to the Department of Public Safety a notice of a deferred prosecution agreement whenever a person arrested for any offense for which the mandatory revocation of the driving privilege of such person by the Department of Public Safety and enters into a deferred prosecution agreement related to such offense. The bill modifies when driving privileges are required to be revoked to include when a person receives a deferred sentence, or a conviction, when such conviction has become final, or a deferred prosecution for certain offenses. It modifies license revocation processes and periods of time. It requires the Department of Public Safety to establish the Impaired Driver Accountability Program. It requires the Department to set eligibility requirements and consequences for violations. The amendments add clean up language related to hearings and tests.

-SB 34, by Sen. Kim David and Rep. Scott Biggs, prohibits lack of knowledge of the age of a human trafficking victim from constituting a defense to the human trafficking of a minor.

-SB 185, with the title stricken, by Sen. Kay Floyd and Rep. Scott Biggs, creates the Parole of Aging Prisoners Act. The bill empowers the Pardon and Parole Board to parole a prisoner who is 70 years of age or older; has served, in actual custody, the shorter of 10 years of the term or terms of imprisonment, or one-third of the total term or terms of imprisonment; poses minimal public safety risks warranting continued imprisonment; is not imprisoned for a crime that requires an offender to serve at least 85 percent of the sentence; and who has not been convicted of a crime that would require the person to be subject to the registration requirements of the Sex Offenders Registration Act. The bill defines applicable terms. The bill requires the board to use an evidence-based risk assessment instrument to assess the public safety risk posed by aging prisoners upon release. It permits a qualifying prisoner who meets the requirements to request a hearing before the board and permits the board to place the prisoner on the next available docket. It permits the board to grant parole to a prisoner if it finds by a preponderance of the evidence that the prisoner, if released, can live and remain at liberty without posing a substantial risk to public safety. The bill permits the board to use a selected evidence-based risk assessment instrument. It allows the board to provide the prisoner the opportunity to speak on his or her own behalf and the option of having counsel present at the parole hearing.


Thursday, April 6, 2017

• The Senate met briefly Thursday morning before adjourning for the weekend, approving the following measures:

-HB 1188, by Rep. Ed Cannaday and Sen. Frank Simpson, provides that unused sick leave of teachers may be transferrable to certain schools. Passed 45-0.

-HB 1189, by Rep. Tom Gann and Sen. Wayne Shaw, changes all references of microphotograph, microfilm, microphotographic, microfilming to digitize, digitally and digital copy when relating to county assessor records. Passed 44-0.

-HB 1811, by Rep. Ben Loring and Sen. Wayne Shaw, clarifies procedures pertaining to the destruction of obscene material or child pornography. Passed 44-0.

-HB 1843, by Rep. Leslie Osborn and Sen. Stephanie Bice, creates the Emergency Response Systems Development Act. Passed 43-0.

-SR 8, by Sen. Stephanie Bice, recognizes April 6, 2017 as "Tartan Day" in the State of Oklahoma.

Other News

DHS to receive supplemental funding

Gov. Mary Fallin added her signature to legislation that will tap the state’s Unclaimed Property Fund for nearly $30 million and will take $4.2 million from the Rainy Day Fund. That emergency account is currently empty after Finance Secretary Preston Doerflinger transferred about $240 million from the account after revenue collections fell short. Doerflinger and the governor have said the funds will be restored before the end of the fiscal year and that the transfer was within his authority, but Doerflinger has asked Attorney General Mike Hunter for an opinion on the constitutionality of moving those funds.

Ambassador from Afghanistan addresses Oklahoma Senate
Dr. Hamdullah Mohib, Ambassador for the nation of Afghanistan, traveled to Oklahoma this week and addressed the Senate on Wednesday. He said the reason for his trip was to express his country’s gratitude for the service and sacrifice of Oklahoma veterans, troops and their families who assisted in their fight against terrorism. Mohib said Afghanistan and the region are more stable and prosperous because of America’s help in that fight, and especially, the help of so many Oklahomans. Three members of the Senate, Sen. Jason Smalley, R-Stroud, Sen. J.J. Dossett, D-Owasso, and Sen. Adam Pugh, R-Edmond, served in Afghanistan—each said it was very meaningful to hear the Ambassador express his country’s thanks.