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Week In Review

Monday, March 19, to Wed., March 22, 2018



Monday, March 19, 2018

• The Senate met briefly Monday and took up no legislation. Monday's floor session was the first since last Thursday's deadline for bills and joint resolutions to be heard in their chamber of origin.

• The Senate Education Committee met on Monday morning and unanimously approved eight nominations for different committees and governing bodies. The following nominees were approved by the Senate Education Committee:

-Nevyle R. Cable, Okmulgee, to the Oklahoma Lottery Commission-Board of Trustees, to serve a five-year term ending January 1, 2023, succeeding himself. Cable was sponsored by Sen. Roger Thompson, R-Okemah.

-F. Thomas Cordell, Edmond, to the Board of Regents of the University of Science and Arts of Oklahoma, to serve an unexpired term ending June 30, 2022, succeeding G. T. Bynum. He was sponsored by Sen. Adam Pugh, R-Edmond.

-Phredd J. Evans, Jones, to the Commission for Educational Quality and Accountability, to serve an unexpired term ending June 30, 2019, succeeding Johnnie Parks. Evans was also sponsored by Sen. Adam Pugh.

-Amy A. Ford, Durant, to the Regional University System of Oklahoma, to serve a nine-year term ending June 10, 2027, succeeding herself. Durant was sponsored by Sen. Josh Brecheen, R-Coalgate.

-Eric J. Holquin, Ardmore, to the Board of Trustees for the University Center of Southern Oklahoma, to serve a nine-year term ending June 30, 2027, succeeding himself. He was sponsored by Sen. Frank Simpson, R-Ardmore.

-Dr. Mylo J. Miller, Midwest City, to the Commission for Educational Quality and Accountability, to serve an unexpired term ending June 30, 2019, succeeding Kent Shellenberger. Miller was sponsored by Sen. Jack Fry, R-Midwest City.

-Mary Melon, Oklahoma City, to the Oklahoma Educational Television Authority, to serve an unexpired term ending June 30, 2021, succeeding Denise Castelli. Melon was sponsored by Sen. Ervin Yen, R-Oklahoma City.

-Jack L. "Jackie" Werner, Oklahoma City, to the Oklahoma Board of Private Vocational Schools, to serve a six-year term ending July 1, 2024, succeeding himself. Werner was also sponsored by Sen. Ervin Yen.

• The House convened for a brief floor session Monday, welcoming a new member along with quickly gaveling in and out of special session. Members took only a handful of actions during their first meeting back since last Thursday's deadline for the House and Senate to consider bills from their respective chamber of origin. The House advanced just over 380 pieces of legislation during the first half of the regular session. It received just over 460 bills from the Senate in return, all of which were formally considered on second read on Monday.

Members also voted to accept the election results of Rep, Brad Boles, R-Marlow, officially welcoming Boles to the House after being sworn in Friday. Boles' district, House District 51, includes Grady, McClain and Stephens counties in southwest Oklahoma. Boles was elected in a special election held after the resignation of former Rep. Scott Biggs, R-Chickasha. Biggs resigned last year after accepting a position with the U.S. Department of Agriculture.


Tuesday, March 20, 2018

• The Senate met briefly on the floor Tuesday but took up no legislation. Approximately one-third of the House bills and joint resolutions which were passed across the rotunda were assigned to Senate committees Tuesday.

• The House took no action during a quick floor session Tuesday morning. The House met briefly on the floor, and took no floor action any legislation except to recognize special guests in attendance. House members have just over 460 Senate bills to eventually consider on the floor.


Wednesday, March 21, 2018

• The Senate met briefly on Wednesday and adopted HCR 1013, by Sen. Ervin Yen and Rep. Cyndi Munson, a resolution that urges the State Department of Health's commission to designate Alzheimer's disease and other dementias as a public health issue. No other legislation was taken up Wednesday.

• The House met Wednesday and took up one resolution, HR1031, by Rep. Carl Newton, proclaiming March 21, 2018 as Dr. Anthony Jordan Day in Oklahoma. Jordan has served as executive director/treasurer of the Baptist General Convention of Oklahoma for the past 22 years, beginning his tenure in 1996. He plans to retire in April.

-Additional Senate bills were also considered second read and assigned to committees.

• The House Public Safety Committee met briefly Wednesday and passed the following Senate bills for possible consideration on the House floor:

-SB 898, by Sen. Roger Thompson and Rep. Greg Babinec, expands the discussions allowed in public bodies' executive sessions to include matters involving safety and security at state penal institutions or correctional facilities used to house state inmates and contract negotiations involving contracts for which the public body has the duty to approve. It limits who can attend the executive sessions to board members, their staff and attorney and prohibits anyone who would benefit from the contract.

-SB 905, by Sen. Wayne Shaw, repeals language that requires the Department of Corrections to make patrols through the town of Taft and the statement of legislative intent that the Department of Public Safety establish a permanent trooper position to be based and stationed in the town of Taft.

-SB 908, by Sen. Roger Thompson and Rep. Greg Babinec, adds the sidearm carried by a Department of Corrections correctional officer to the list of items the individual may retain upon retirement.

Thursday, March 22, 2018

• The Senate Joint Committee on Appropriations and Budget (JCAB) met Thursday and gave its stamp of approval on CS for HB3710, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David. The measure caps the tax credit allotted to the state's zero emission industry at $35 million for tax years beginning on or after Jan. 1, 2019. The bill's do pass motion passed 26-12. The bill is now eligible to be heard on the House floor.

• The Senate Energy Committee approved five bills on Thursday during a brief meeting, including:

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

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

-HB 3404, by Rep. Weldon Watson and Sen. Eddie Fields, authorizes the Department of Environmental Quality to establish points of compliance for groundwater and to develop policies needed to implement Oklahoma Groundwater Quality Standards.

-HB 3405, by Rep. Weldon Watson and Sen. Eddie Fields, modifies and expands definitions related to groundwater.

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

• The House Joint Committee on Appropriations and Budget (House JCAB) approved two measures on Thursday:

-CS to HB 3710, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, caps the tax credit allotted to the state's zero emission industry at $35 million for tax years beginning on or after Jan. 1, 2019. The measure advanced with no discussion or debate on a vote of 11-9.

-CS for HB 3711, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, reduces the refundability for tax credits issued for zero-emissions facilities from 85 percent to 42.5 percent. It passed, 12-9.

Other News

• State agency heads were recently advised by the Office of Management and Enterprise Services Human Capital Management Division how to address time off issues for employees wanting to participate in the teacher walk out, expected to begin April 2. According to a memo written by Dana Webb, Human Capital Management Administrator, state employees who wish to participate in the April 2, 2018 walkout may be allowed to take compensatory or annual leave in accordance with the merit rules. If an employee does not have compensatory or annual leave available, the appointing authority may permit the employee to take leave without pay in accordance with the Merit Rules. The appointing authority has to approve whether the employee takes compensatory leave, annual leave, or leave without pay and retains the right to withhold such approval.

Teachers are expected to walk out of their classrooms beginning April 2 if lawmakers have not yet approved a plan to fund teacher pay raises, support personnel pay increase, a state employee pay plan and other funding proposals totaling $812 million for fiscal year 2019, the upcoming budget year. Many school districts are expected to close during the teacher walk out.

• Gov. Mary Fallin signed HB 1270 last Friday, which requires the Oklahoma Health Care Authority to verify eligibility information prior to providing Medicaid assistance. The measure creates the Act to Restore Hope, Opportunity and Prosperity for Everyone. It requires the Oklahoma Health Care Authority to verify eligibility information prior to awarding assistance under Medicaid. It allows the information to include, but not limited to, earned and unearned income, employment status and changes in employment, immigration status, residency status, enrollment in other assistance programs, financial resources, incarceration status, death records and information relating to identity fraud and theft. It requires the Authority to sign a memorandum of understanding with any department, agency or division for information detailed therein. It requires the Authority to contract with one or more independent vendors to provide said information. The bill requires such a contract establish annualized savings that exceed the contract's total annual cost to the state. It states that nothing shall preclude the entities from receiving or reviewing additional information related to eligibility. It establishes procedures for receiving information about an individual. It allows the entities to take appropriate action if discrepancies are found. The bill requires applicants to complete an identity authentication process to confirm the applicant owns the identity presented in the application. The bill allows certain information to be shared with the Medicaid fraud control unit of the Office of the Attorney General for suspected fraud. It requires the Authority to promulgate rules. It requires the Authority to publish a written report on May 1, 2018, and annually after, detailing the impact of the legislation. The bill was carried over from the 2017 regular session. It passed the Senate 39-5 on April 26, 2017. The House took it up Wednesday, accepting Senate amendments to the measure and passing it 62-32 after numerous
questions and debate. The bill lacks both an effective date and an emergency clause, meaning it will take effect 90 days after the Legislature adjourns sine die.

• Sen. A J Griffin announced Wednesday she will not seek re-election in 2018. Griffin, R-Guthrie, assumed office in 2012 after winning a special election to fill the Senate District 20 seat following the death of former Sen. David Meyers. She would have been term-limited in 2026. Her district includes Kingfisher, Logan, Noble and Pawnee counties.

Griffin said in a release she struggled for her months with her decision not to run again, citing an interest in returning to "the front lines of service." Prior to her time in the Legislature, Griffin worked in the nonprofit sector with organizations dedicated to improving the lives of children and families.