April 26, 2011
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January 01, 1970
This past week at the Oklahoma Legislature the House and Senate continued hearing bills in the opposite chamber. This Thursday, April 28, is the deadline for bills to be considered in the opposite house. Those bills not being heard on the respective floors will be dead for this legislative session.
With many of their legislative priorities progressing through the legislative process, House and Senate leaders say early adjournment may be possible. House Speaker Kris Steele said this year’s legislative session might end at least one week earlier than scheduled. Senate Pro Tem Brian Bingman said he is hoping to end the session early, but that it was too early to commit to a date.
The constitution states legislators must adjourn the last Friday in May, which this year falls on May 27. It’s estimated adjourning a week early would save taxpayers about $117,000. Pay for staff and legislators as well as per diem and mileage expenses for legislators amount to about $85,000 a week in the 101-member House of Representative. It costs about $32,000 a week for the 48-member Senate to convene, legislative officials said.
April 2011
April 28 – HOUSE & SENATE – Final Legislative Day for Third Reading and Final Passage of a Measure in Opposite House of Origin
May 2011
May 3 – HOUSE – Deadline to Reject Senate Amendments to House Bills
May 25 – HOUSE – Deadline for filing Conference Committee Report’s
May 27 – Adjournment Sine Die
Before adjourning, lawmakers are required to approve a budget for the upcoming fiscal year. The other key task that must be finished before legislators adjourn is drawing new legislative districts. A plan to redraw Oklahoma‘s five U.S. congressional districts has been unanimously approved in the state House and now moves to the Senate for consideration.
The state’s five congressmen agreed to the plan that makes only minor changes to each district. States are required to redraw congressional districts each ten years based on the latest census data. U.S. Rep. Dan Boren in the 2nd Congressional District is the only Democrat in the delegation and will pick up the northwest section of Rogers County from Rep. John Sullivan in the 1st District. Boren’s district will also now include Marshall County, which currently is in Rep. Tom Cole‘s 4th Congressional District. Cole and Sullivan’s districts include fast-growing suburbs of Oklahoma City and Tulsa and must be reduced to meet federal population requirements.
Workers Compensation
The House of Representatives have moved Senate Bill 878 off of the Senate floor last week. The workers compensation bill by Senator Anthony Sykes, R-Moore, and Rep. Dan Sullivan, Tulsa, will now head to a conference committee. Rep Dan Sullivan expressed to House members there are significant issues to be resolved as it pertains to the medical fee schedule and treatment guidelines before this bill will become law. The negotiations on the legislation will now go to a conference committee and must be signed out by before the last week in May. The introduced legislation was crafted in coordination with Governor Mary Fallin’s Workers Compensation Study Group. The title and enacting clause are off the bill.
Liquor Law Task Force
Senate Bill 658 by Senator Clark Jolley and Rep. Ron Peters, R-Tulsa, passed the House by a vote of 57-36. SB 658 would create a 20-member task force to analyze amendments and modifications to state laws concerning low-point and high-point beer and wine offered for sale in grocery stores. The task force would include members of the grocery and convenience store industry, alcohol industry, legislators, state officials and residents. SB 658 eventually will go back to the Senate for approval of amendments.
For more information, please see the following story:
• Oklahoman: Oklahoma House approves task force to look at strong beer, wine sales in grocery stores
Energy
Exploration Rights Act of 2011: House Bill 1821 by Rep. John Trebilcock, R-Broken Arrow, and Senator Bryce Marlatt, R-Woodward, has passed the Senate. The committee substitute creates the Exploration Rights Act of 2011. It requires a wind energy developer to provide, to the oil and gas operator or lessee, at least 30 days notice of intent to construct a wind energy facility. It also requires the wind energy developer to publish the notice in the legal section of a qualified newspaper in the applicable county. HB 1821 now goes back to the House for further consideration.
Economic Development
Ad Valorem Reimbursement Fund: Senate Bill 13 by Sen. Mike Mazzei, R-Tulsa and Rep. David Dank, R-Oklahoma City, which modifies language related to the Ad Valorem Reimbursement Fund, has failed to pass the House floor. SB 13 would have considered how the state paid the reimbursement fund used to make the counties whole during the five-year ad valorem exemption period that new manufacturing currently receives. The House Floor version read, “Provided, for tax year 2012 and all subsequent tax years, the property valuation used for determining the amount of such reimbursement shall be limited to the property valuation for the calendar year immediately preceding the calendar year in which the facility initially qualified for such exemption.”
Pension
The Senate has approved House Bill 2132 by Senator Pro Tem Brian Bingman, R-Sapulpa, and House Speaker Kris Steele, R-Shawnee, that prohibits lawmakers from approving cost-of-living adjustments for state pensioners without a dedicated funding source. The bill now heads to the House for consideration.
For more information, please see the following story:
• AP: Bill ends unfunded COLAs for Oklahoma pensions
• Journal Record: State treasurer calls for changes in public pension systems
• House Press Release: Senate Passes Pension Reform Legislation Eliminating Unfunded COLAs Will Reduce System Liability
State, County Pension:
Senate Bill 794 by Rep. Mike Mazzei, R-Tulsa, and Senator Randy McDaniel, R-Tulsa, would increase the eligible age for public employees and state and county elected officials hired after Nov. 1 to draw earnings from the Oklahoma Public Employee Retirement System from 60 to 65. SB 794 passed the House and now goes back to the Senate.
For more information, please see the following story:
• Oklahoman: Oklahoma House approves pension changes for state, county employees
Collective Bargaining
Bill 1593 passed the Senate Tuesday on a 29-19 vote, which sends the bill to the Governor. The measure would repeal a 2004 law that allowed non-uniformed employees of cities with at least 35,000 residents to form a union. The Municipal Employees Collective Bargaining Act was signed into law in 2004 by former Democratic Gov. Brad Henry. It applies mostly to city road, sanitation and utility workers in the 12 cities in Oklahoma.
• Oklahoman: Oklahoma Senate approves collective bargaining repeal
• AP: Senate approves anti-union rights bill
• House Press Release:�
Union Reform Headed to GovernorAttorney-Client Privilege:
The Senate has passed House Bill 1559 by Rep. Fred Jordan, R-Jenks, and Sen. Dan Newberry, R-Tulsa, that is designed to expand the attorney-client privilege between government entities and their lawyers. The Senate amendment replaces the word ‘confidential’ and replaces it with ‘privileged’ on several references. HB 1559 now goes back to the House for consideration of the amendments.
Transportation
Report shows state funding boost helps Oklahoma make gains on roads, bridges
Additional money appropriated by legislators the past five years for Oklahoma‘s roads and bridges is beginning to show results, a national transportation organization reported this week. But the findings by the Washington, D.C.-based The Road Information Program, states significant deficiencies remain with the state’s roads and bridges.
Oklahoma ranks second, behind Pennsylvania, in the number of all bridges of at least 20 feet long that were structurally deficient in 2010, the report shows. This includes state, county and city bridges. Twenty-two percent of the bridges in the state were structurally deficient in 2010, and another 7 percent were functionally obsolete. Twelve percent of state-maintained bridges were structurally deficient, and 9 percent were functionally obsolete.
With the state facing a $500 million shortfall in the upcoming fiscal year, Gov. Mary Fallin is asking legislators to spare core agencies, such as the Transportation Department, from deep cuts. She has proposed a 3 percent cut for core agencies and 5 percent cuts for most other agencies for the 2012 fiscal year, which starts July 1.
The report shows that since 2006 legislators have pumped in an additional $748 million for the state’s highways and bridges. An additional $1.1 billion is expected in state funds to keep construction projects on schedule and continue maintenance on roads and bridges through 2015.
For more information, please see the following story:
Ø Oklahoman: State funding boost helps Oklahoma make gains on roads, bridges, report shows
Safety Lights:
Gov. Mary Fallin has signed into law a measure designed to increase the safety of road workers in Oklahoma. House Bill 1061, by Rep. Mike Sanders, R-Kingfisher, and Senator Ralph Shortey, R-Oklahoma City, reinstates the right of Oklahoma Department of Transportation (ODOT) employees and other road workers to use red-and-blue emergency lights. The new law will take effect Nov. 1, 2011.
For more information, please see the following story:
Ø House Press Release: Governor Signs Legislation to Protect Road Workers
Open Carry
“Make my Day”: House Bill 1439, Oklahoma’s so-called “Make my Day” law that allows homeowners to use deadly force against unlawful intruders would be expanded to businesses, is headed to the Governor’s desk. HB 1439 by Rep. Steve Vaughn, R-Ponca City, and Senator David Myers, R-Ponca City, passed the Senate this week 42 to 3.
For more information, please see the following story:
Ø AP: Oklahoma lawmakers vote to expand use of deadly force
House Bill 1255 by Rep. Wade Rousselot, D-Wagoner, and Senator Kim David, R-Wagoner, was signed into law this week. HB 1255 allows any U.S. attorney or assistant U.S. attorney who has successfully completed a firearm training course that meets standards set forth by the Council on Law Enforcement Education and Training.
For more information, please see the following story:
Ø AP: Fallin signs gun bill for federal prosecutors
Education
Property Tax: Oklahoma voters will decide whether to cap increases in property tax valuations of their homes to no more than 3 percent each year. The cap now stands at 5 percent. The House of Representatives on Wednesday easily passed House Joint Resolution 1002 by a vote of 77-16. It passed the Senate last week by a vote of 26-19. The measure now goes to the secretary of state’s office with instructions to put it on next year’s ballot.
For more information, please see the following story:
- Oklahoman: Oklahoma voters to decide on property assessment cap
- AP: Oklahoma House passes 3 percent property tax cap bill
Electronic Textbooks: Senate Bill 278 by Sen. Gary Stanislawski, R-Tulsa, unanimously passed the House this week. SB 278 adds technology-based materials to the list of materials that constitute a textbook. The bill goes back to the Senate to approve House amendments.
Ardmore Higher Education Center:
The House has approved House Bill 1227 by Rep. Pat Ownbey, R-Ardmore, and Senator Frank Simpson, R-Ardmore, Thursday that would convert the Ardmore Higher Education Center into a branch campus of Southeastern Oklahoma State University. According to HB 1227, Murray State will have the exclusive authority to offer all lower division courses and programs at the branch campus. Members of the Board of Trustees for the Ardmore Higher Education Program would serve as an advisory board to Southeastern’s president.
Southeastern courses are not to duplicate nursing program courses offered at the East Central University campus in Ardmore. East Central will be allowed to continue programs offered in Ardmore until Sept. 1, 2014. After that, administrators of Southeastern and East Central must agree which courses East Central will offer in Ardmore. The bill states no additional state money will be used to develop Southeastern’s branch campus. Currently, there is a motion to reconsider the vote. If no action is taken, it will proceed to the Governor’s desk.
For more information, please see the following story:
- Oklahoman: House votes to make Ardmore center a branch campus
- Senate Press Release: Senate approves bill to create SOSU branch campus
- House Press Release: House Votes to Recreate Ardmore Higher Education Center as Branch of Southeastern Oklahoma State University
Reading Requirements:
House Bill 1269 by Rep. Ann Coody, R-Altus, and Senator Clark Jolley, R-Edmond, passed the Senate 45 to 1. HB 1269 requires teachers of reading for kindergarten through third grade to incorporate the five elements of reading instruction into lesson plans. The measure has been sent to the Governor.
Special Needs Students:
House Bill 1744, which makes changes to the program created last year by House Bill 3393, passed the Senate 30 to 14. HB 1744 expands school choice options for special-needs students and provides increased accountability. The most significant change is placing the State Department of Education, rather than school districts, in charge of the scholarship program.
Among other things, House Bill 1744
• places the State Department of Education in charge of administering the program rather than school districts,
• provides the additional option of easier transfer between public schools,
• clarifies that the parents of a student using the scholarship are solely responsible for the education of their child,
• clarifies that children of members of the United States Armed Forces who transfer into Oklahoma from out of state are
• exempt from the requirement that they had to attended public school in Oklahoma the previous year,
• requires the State Department of Education to establish a hotline and website to provide information to parents and schools about the program, and
• includes several provisions to increase accountability.
The bill now goes back to the House for further consideration.
Share-a-superintendent Bill:
House Bill 2115 by Rep. Jeff Hickman, R-Fairview, and Senator John Ford, R-Bartlesville, passed the Senate 38 to 8. HB 2115 authorizes two or more school districts that contract with the same superintendent to take up to $200,000 from state education lottery funds to help pay the superintendent’s salary for up to three years. Afterward, the local school districts would be solely responsible for the superintendent’s salary. HB 2115 now goes back to the House for consideration of the amendments.
School Grades:
House Bill 1456 Rep. Lee Denney, R-Cushing, and Senator Clark Jolley, R-Edmond, proposes Oklahoma’s public schools would be given an annual grade of “A” to “F” based on student performance on state tests. Under the legislation, annual reports would be issued giving letter grades to schools based on student performance on the Oklahoma School Testing Program. HB 1456 passed the Senate 31 to 14 but a parliamentary procedure keeps the bill from moving forward.
Corrections
The Senate has passed House Bill 2131 by House Speaker Kris Steele, R-Shawnee, and Senator Patrick Anderson, R-Enid, but not before removing the bill’s proposal to change the state’s default criminal sentencing structure from consecutive to concurrent terms. HB 2131 still would shorten the time “low-risk, nonviolent” offenders spend behind bars in favor of expanded use of electronic monitoring, treatment programs and other forms of supervised release.
For more information, please see the following story:
- Oklahoman: Oklahoma Senate scraps part of corrections policy bill
- AP: Senate OKs bill to ease prison overcrowding
- Tulsa World: Bill to cut prisoner ranks gets Senate OK
- Tulsa World Editorial: Much-need prison reform bill clears Senate hurdle
- Senate Press Release: Corrections Reform Passes Senate
Agriculture
Livestock Procedures: House Bill 1310 by Rep. Phil Richardson, R-Minco, and Senator Eddie Fields, R-Wynona, has been signed into law. The new law sets up a panel to recommend who can perform new livestock medical procedures and whether they are veterinary medicine or animal husbandry practices. The new law takes effect November 1.
State Vet Board: House Bill 1471 by Rep. Don Armes, R-Faxon, and Senator Ron Justice, R-Chickasha, has passed the Senate and now moves to the Governor’s desk. HB 1471 alters the composition of the State Board of Veterinary Medical Examiners. If the proposal is signed into law, the State Board will consist of five licenses veterinarians, the state veterinarian, a lay person and a veterinarian technician.
Livestock Owner’s Lien Act: Senate Bill 530 by Senator Steve Burrage, R-Claremore, and Rep. Don Armes, R-Faxon, unanimously passed the House and has been sent to the Governor. SB 530 creates the Livestock Owner’s Lien Act of 2011. Every livestock owner is granted a lien on all livestock sold by livestock owners. The lien will expire one year after the date of the sale of the livestock. It is designed to keep producers from losing money if livestock has been sold and the buyer goes bankrupt before the check clears. SB 530 says producers maintain a security interest in livestock until the proceeds clear the bank.
Oklahoma Wheat Commission: Senate Bill 169 by Senator David Myers, R-Ponca City, and Rep. Don Armes, R-Faxon, passed the House 80 to 11. SB 169 raises the fee collected from wheat producers by the Oklahoma Wheat Commission from one and one-half cent to two cents.
Endangered Species: The Governor has signed into law Senate Bill 603 by Senator Mike Schulz, R-Altus and Rep. Gus Blackwell, R-Goodwell, which creates a nine-member Endangered Species and Economic Development Task Force until Dec. 31, 2011, to assess the economic impact on the state of federal, state or local regulations related to endangered species. It directs the task force to submit a report of its finding to the governor, House speaker and Senate president pro tempore by Dec. 31, 2011.
Public Health
Abortion Legislation: Governor Mary Fallin has signed two abortion bills into law. House Bill 1888 by Rep. Pam Peterson, R-Tulsa, and Senator Clark Jolley, R-Edmond, proposes doctors who perform abortions in Oklahoma after a woman reaches 20 weeks of pregnancy could face felony charges. HB 1888 also would require abortion providers to determine fetal age before an abortion. The bill exempts situations in which the life of the mother is at risk or when the mother faces “serious risk of substantial and irreversible physical impairment.”
Senate Bill 547 by Senator Anthony Sykes, R-Moore, and Rep. Dennis Johnson, R-Duncan, would ensure that standard health insurance policies sold in Oklahoma do not include elective abortion coverage. Under the bill, those who want abortion coverage could do so through by optional supplemental coverage with a separate premium.
For more information, please see the following story:
· Governor’s Press Release: Governor Mary Fallin Signs Two Pro-Life Bills into Law
· AP: Governor signs two abortion bills
· Oklahoman: Oklahoma governor signs 2 anti-abortion bills
· Tulsa World: Fallin signs bill restricting abortions�
Underage Drinking: House Bill 1211 by Rep. Dan Kirby, R-Tulsa, and Senator Dan Newberry, R-Tulsa, increases the punishment for persons who have knowingly allowed an individual under 21 years of age to consume any alcoholic beverage on any property that is owned by the person. HB 1211 unanimously passed the Senate and now goes back to the House for consideration of Senate amendments.
Weekly Review
Please see the below listing of all action taken on legislation being tracked for you in this ninth week of the first session of the 53rd Oklahoma Legislature. Please thoroughly review the bill track and let me know of any concerns or any additional comments or insight you have about any legislation you see listed. If you have any questions, concerns or want to discuss a specific piece of legislation that has been filed, please contact me. If you have bills of interest you wish added to your track or any legislation you would like deleted, please let me know at your earliest convenience.
Thank you and have a great week
Jami
SPIRITBANK AERO TRACKING REPORT 4/23/11
04-23-2011 – 08:14:20
HB 1285 Dank
MazzeiCreates the Task Force for the Study of State Tax Credits and Economic Incentives; outlines the membership and duties of the task force; EMERGENCY. Bill History: 03-29-11 S Title stricken in committee Senate Finance
03-29-11 S Voted from committee – Do Pass as amended Senate Finance
04-06-11 S Set on the Senate Floor Agenda
04-06-11 S Laid out for consideration in the Senate
04-06-11 S Passed/Adopted (Vote: Y: 45/N: 0)HB 1953 McNiel
MazzeiEstablishes the Oklahoma Quick Action Closing Fund which will be used by the Governor for economic development and infrastructure development; EMERGENCY. General Remarks: Deal Closing Fund Bill History: 03-22-11 S First Reading
03-23-11 S Referred to Senate Committee Senate Finance
04-05-11 S Meeting set for 10:30 a.m., Room 511A, State Capitol, Senate Finance
04-05-11 S Title stricken in committee Senate Finance
04-05-11 S Voted from committee – Do Pass as amended Senate FinanceHB 1990 Sullivan
NewberryCreates the “Oklahoma Multi-modal Transportation Authority Act”; which allows establishment of public trusts by certain entities. General Remarks: Oklahoma Multi-modal Transportation Authority Act Bill History: 04-13-11 S Motion to reconsider vote by Newberry.
04-13-11 S Motion Carries by a vote of 25 ayes, 16 nays.
04-13-11 S Newberry moves to suspend Senate Rules to strike Title on
the bill. The motion carries.
04-13-11 S Title stricken
04-13-11 S Passed/Adopted (Vote: Y: 25/N: 14)SB 154 Mazzei
DankChanges the cutoff date for incentive payments to July 1, 2003; makes an exception for a change of control event pursuant to the Oklahoma Quality Jobs Program Act. Bill History: 03-31-11 H Voted from subcommittee-Do Pass as amended House A&B Sub on Revenue and Tax
04-11-11 H Returned to full committee as amended House A&B
04-13-11 H Meeting set for 4:00 p.m., Room 432A, State Capitol, House A&B
04-13-11 H Voted from committee – Do Pass as substituted House A&B
04-25-11 H Set on the House Floor AgendaSB 593 Brinkley
QuinnAccount procedures for the Port Authority are required to be the same procedures enforced by the State Treasurer for state funds under the Treasurer’s office; EMERGENCY. General Remarks: Port Authority bill Bill History: 04-06-11 H Voted from committee – Do Pass as substituted House A&B
04-19-11 H Set on the House Floor Agenda
04-19-11 H Laid out for consideration in the House
04-19-11 H Passed/Adopted (Vote: Y: 91/N: 5)
04-19-11 H Emergency failed (Vote: Y: 51/N: 29)All Track Total Bills: 5 0 - End of Report -
