May 2, 2011

• May 02, 2011
  
  

  This past week the Oklahoma Legislature completed the process of House and Senate bills being heard in the opposite House of Origin.  All bills not heard by the opposite House are now dead for the legislative session.  Bills that have passed during this last cycle will now either head to a conference committee or for consideration in their own house of origin.  If adopted (or passed) in their house of origin they will then head to Governor Fallin for her consideration.

  A Conference Committee consists of assigned House and Senate members, who will continue to further collaborate on the final language of the bill.  If an agreement is reached and a “Conference Committee Report” adopted, the bill will then go back to the House and Senate in its final form for a final vote in each chamber, with no amendments allowed.  If it passes both chambers, it then goes to the Governor for her consideration of signing into law.

  Remaining Deadlines:

  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

  Attorney-Client Privilege

  The House rejected Senate amendments to 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 has been appointed to the House Conference Committee on Public Safety, Judiciary and Military Affairs. The Senate appointed conference committee includes Senator Dan Newberry, R-Tulsa; Senator Anthony Sykes, R-Moore; Senator Brian Crain, R-Tulsa; Senator John Sparks, D-Norman; and Senator Charlie Laster, D-Shawnee.

  Collective Bargaining

  Governor Mary Fallin signed Bill 1593 into law. Currently, cities with more than 35,000 residents are required to collectively bargain with their employees. The bill signed by Fallin only applies to non-uniformed personnel in 12 Oklahoma municipalities — not to teachers or police and firefighters.  Those cities are Bartlesville, Broken Arrow, Edmond, Enid, Lawton, Moore, Midwest City, Muskogee, Norman, Oklahoma City, Stillwater, and Tulsa. Four of those cities — Muskogee, Norman, Oklahoma City and Tulsa — had collective bargaining agreements in place prior to the original law being passed in 2004.

  For more information, please see the following stories:

  •       AP: Oklahoma Gov. Mary Fallin signs bill to end collective bargaining

  •       Tulsa World: Fallin signs collective-bargaining bill

  •       Oklahoman: Oklahoma governor signs bill that lifts collective bargaining requirement

  Economic Development

  Quick Action Closing Fund

  The Senate passed the measure 41 to 3 to create the Oklahoma Quick Action Closing Fund, but the title was stricken and the bill will now go to a conference committee. House Bill 1953 by Rep. Skye McNiel, R-Bristow, and Senator Mike Mazzei, R-Tulsa, creates a quick action closing fund to allow Oklahoma to compete for high impact economic development projects that will bring jobs and investment to the state. In other states, the governor and legislative leaders in the final negotiations to help companies offset relocation and expansion costs use these funds.  The past several years, other states, notably Texas and Arkansas, have been competing with Oklahoma in the high stakes economic development sweepstakes largely because of the Texas Enterprise Fund and the Arkansas Quick Action Closing Fund.

  HB 1953 gets Oklahoma in the game by:

  • Requires a project to enter into an agreement with the Department of Commerce, who shall administer the Fund, and mandate that the agreement be performance-based, providing a “net economic benefit” to the state;
  • Includes a “claw back” provision for failure to meet performance provisions;
  • Establishes a five-year sunset provision that will be effective beginning the fiscal year after the program is funded; and
  • Require disclosure of all payments made from the Fund on the Department of Commerce’s website.

  HB 1953 now heads goes back to the House for consideration of Senate amendments. The title is off the bill and will head to a conference committee.

  For more information, please see the following stories:

  •       Tulsa World: State Senate approves closing fund to attract business

   Public Safety

  Underage Drinking - The House rejected senate amendments made to House Bill 1211 by Rep. Dan Kirby, R-Tulsa, and Senator Dan Newberry, R-Tulsa. HB 1211 will increase 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. The bill now goes to the House Conference Committee on Public Safety, Judiciary and Military Affairs.

  Lawsuit Reform

  House Bill 2024 passed the Senate 25 to 12 and now goes to the Governor. HB 2024 will authorize the court to order future damages that exceed one hundred thousand dollars to be paid in periodic payments. Payments will include interest.

  Public Health

  Supplemental Hospital Offset Payment Program Act - House Bill 1381 by Rep. Doug Cox, R-Grove, passed the Senate as amended 39 to 9. HB 1381 will form the Supplemental Hospital Offset Payment Program to allow Oklahoma hospitals to pay a 2 percent assessment on their net patient revenues, which is expected to generate about $105 million. That money would then be used to draw about $220 million in federal matching funds. This fee would not be passed on to the consumer. HB 1381 now goes back to the House for consideration of Senate amendments.

  For more information, please see the following stories:

  •       Tulsa World: Hospital revenue fee measure passes Senate 

  •       Journal Record: Senate passes hospital fee measure

  Healthcare Compact - The House approved Senate Bill 722 by Senator Clark Jolley, R-Edmond, Rep. Glen Mulready, R-Tulsa, 66 to 28. Under SB 722, Oklahoma would join a health care compact between states and the federal government that would handle the distribution of Medicaid and Medicare funds. The bill now goes back to the Senate for approval of House amendments.

  For more information, please see the following stories:

  •       Oklahoman: Oklahoma House passes measure to join health care compact

  Abortion-inducing drugs - The Senate on Tuesday passed a measure that would put restrictions on the use of abortion drugs. House Bill 1970 by Senator Greg Treat, R-Oklahoma City, and Rep. Randy Grau, R-Edmond, returns to the House for consideration of Senate amendments. The measure would require physicians to administer abortion-inducing drugs, including RU-486, in accordance with U.S. Food and Drug Administration guidelines.

  For more information, please see the following stories:

  Tulsa World: Measure would restrict abortion-inducing drugs

  Open Carry

  CareerTech Open Carry - The Senate passed House Bill 1652, by Rep. John Enns, R-Enid, and Senator Steve Russell, R-Oklahoma City, by a vote of 41 to 6. HB 1652 would allow individuals who attend a CareerTech to park their cars on campus with a hidden concealed weapon in their vehicle. The bill now goes House for consideration of Senate amendments.

  “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, has been signed into law by the Governor. The bill becomes effective November 1, 2011.

  For more information, please see the following stories:

  •       Oklahoman: Oklahoma governor signs bill that expands self-defense rights

  Immigration

  The Senate approved House Bill 1446 by Rep. George Faught, R- Muskogee, and Senator Ron Justice, R-Chickasha, by a vote of 37 to 8. HB 1446 would give federally trained state and local law enforcement officials more authority to check the immigration status of motorists. HB 1446 includes part of Arizona‘s anti-illegal immigrant law passed last year. It has been referred to the Senate Appropriations Committee. HB 1446 is going to a conference committee.

  For more information, please see the following stories:

  •       AP: Okla. Senate approves anti-illegal immigration bill

  Agency Consolidation

  House Bill 2140 by House Speaker Kris Steele, R-Shawnee, and Senate President Pro Temp Brian Bingman, R-Sapulpa, passed the Senate 36 to 9. The measure would consolidate the following agencies under the Office of State Finance: Department of Central Services; Office of Personnel Management; Oklahoma State Employees Benefits Council; and Oklahoma State and Education Employees Group Insurance Board. The Oklahoma Merit Protection Commission was removed from the bill. HB 2140 now goes to a conference committee for further consideration.

  Agriculture

  Pet Breeders - An amended version of Senate bill 637 by Senator Charles Wyrick, D-Fairland, and Rep. Brian Renegar, D-McAlester, passed the House this week 90 to 5.  The amendment requires federally licensed pet breeders to be inspected by a newly formed Oklahoma Board of Commercial Pet Breeders. An Oklahoma House committee had voted to exempt the federally licensed breeders two weeks earlier. The measure would also modify licensing and enforcement rules submitted by the Oklahoma State Board of Commercial Pet Breeders, a new board established to enforce the first licensing of breeders by the state. An amendment to the bill also passed the committee, which would exempt commercial breeders who are licensed by the U.S.D.A. from the provisions of the bill. The bill now goes to the Oklahoma Senate.

  For more information, please see the following stories:

  •       Oklahoman: Oklahoma House approves rules for pet breeders

  •       Tulsa World: State House advances pet-breeders measure  

  Education

  Quality Assessment and Accountability Task Force - Senate Bill 264 by Senator Clark Jolley, R-Edmond, and Rep. Jason Nelson, R-Oklahoma City, unanimously passed the House as amended. SB 264 imposes new assessment requirements and changes the Quality Assessment and Accountability Task Force’s membership structure. The House amendment to the bill creates the School District Regulatory Exemption Act, which will empower locally elected school board members to govern school districts and make decisions based on the needs of their students and circumstances. A school district shall be allowed to submit a request to the State Board of Education for an exemption from all statutory requirements and State Board of Education rules from which charter schools are exempt. SB 264 now goes back to the Senate for consideration of House amendments.

  Share-a-superintendent Bill - The House refused to concur with Senate amendments made to House Bill 2115 by Rep. Jeff Hickman, R-Fairview, and Senator John Ford, R-Bartlesville. 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 has been appointed to the House GCCA.

  Special Needs Students - Senate amendments to House Bill 1744, which makes changes to the program created last year by House Bill 3393, failed to pass the House. 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 to the House Committee on Education and a Senate conference committee. Members of the Senate conference committee are Senator Patrick Anderson, R-Enid; Senator Clark Jolley, R-Edmond; Senator Gary Stanislawski, R-Tulsa; Senator Earl Garrison, D-Muskogee; and Senator Sean Burrage, D-Claremore.

  Graduation Rates - Legislation that would direct the State Board of Education to adopt high school graduation growth targets has passed the House 61 to 33. Senate Bill 2 by Senator John Ford, R-Bartlesville, and Rep. Ann Coody, R-Altus, proposes that the minimum percentage growth targets for graduation rates shall be 20 percent of the difference between the baseline rate established during the 2010-2011 school year. In alternating years new growth targets shall be established until all secondary schools and school districts have met the goal of 100 percent. The bill now goes back to the Senate for consideration of House amendments.

  Charter School Sponsoring Commission - Senate Bill 260 by Senator Ford and Rep. Denney passed the House 52 to 42. SB 260 would remove “issue bonds” from the list of actions a governing body of a charter school cannot do. It also establishes a state charter school commission authorized to establish charter schools in certain districts without the consent of the district. It applies to districts of at least 5,000 students in Tulsa and Oklahoma counties or districts with schools on the improvement list. The bill now goes back to the Senate for approval of House amendments.

  For more information, please see the following stories:

  • Oklahoman: Oklahoma House advances bill to create charter school commission

  State Board of Education - The Senate refused to concur House amendments made to Senate Bill 435, by President Pro Tempore Brian Bingman and Sen. John Ford. SB 435 would authorize the governor shortly after taking office to appoint six members to the board. They would serve during the same four-year period as the governor. Senate confirmation would be required. The state schools superintendent would remain as chairman. Members would continue to be appointed from each of the five congressional districts, and one would remain an at-large member. If SB 435 is signed into law, the current board members’ terms would expire July 1. The governor’s new appointments would take office by Aug. 1. After this year, governors would make their six appointments to the board shortly after taking office. The new board members’ terms would take effect April 2.

  Teacher Firing - Senate Bill 534 by Senator John Ford, R-Bartlesville, and Rep. Lee Denney, R-Cushing, which have would added to the list of reasons a teacher can be fired, failed to be heard by the House. Under the measure, teachers could have been fired for failure to comply with school policy or failure to comply with standards of conduct adopted by the state Board of Education. SB 534 is now dormant for this legislative session.

  Summer Reading Academy - House Bill 1550 by Rep. Sally Kern, R-Oklahoma City, and Senator Jolley, which requires third grade students to attend a summer academy reading program or be retained for another year if the student is not reading at grade level by the end of the school year, has passed the Senate. HB 1550 goes back to the House for consideration of Senate amendments.

  Kindergarten Age Requirement - House Bill 1465 by Rep. Dennis Johnson, R-Duncan, and Senator Clark Jolley, R-Edmond, unanimously passed the Senate. HB 1465 would change the age requirement for starting kindergarten from five years old before Sept. 1 to five years old before July 1. If the bill passes as is, it would become effective Nov. 1, 2011. An amendment was made to the bill that would entitle a child who has reached the age of five after July 1 but on or before Sept. 1 to enroll in kindergarten if the child has been screened and determined ready.  The title is currently off the bill.

  Scholarship Program: SB 969 - Senate Bill 969, which would create a tax credit scholarship program, passed the House A&B Subcommittee on Revenue and Taxation this week 8 to 1, and is headed to the House Appropriations for examination of fiscal issues. If enacted, Senate Bill 969 by Sen. Dan Newberry, R-Tulsa, would allow tax credits of up to $1,000 a year for individuals and $2,000 a year for couples for contributions to eligible scholarship-granting organizations. Credits would also be available to businesses, with total value of the program limited to $10 million.

  For more information, please see the following stories:

  • Oklahoman: Oklahoma House passes private school tax credits measure

  Review Weekly Bill Track

  Please see the below listing of all action taken on legislation being tracked for you in this 12th 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 4/30/11

  04-30-2011 – 10:29:26

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  HB 1285

  Dank Mazzei

  Creates 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:

  04-06-11 S Laid out for consideration in the Senate 04-06-11 S Passed/Adopted (Vote: Y: 45/N: 0) 04-25-11 H Laid out for consideration in the House 04-25-11 H House refused to concur in Senate amendments 04-25-11 H House appointed a conference committee: GCCA

  HB 1953

  McNiel Mazzei

  Establishes 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:

  04-27-11 S 1 Floor amendment(s) adopted 04-27-11 S Wilson debates on the bill saying that the bill is nothing but corporate welfare and that the fund will be misused at some point. 04-27-11 S Brinkley debates on the bill saying that there are safe guards and the Title is off. 04-27-11 S Mazzei closes debate by saying that the safe guards are in place and a vote for the bill is a vote for jobs. 04-27-11 S Passed/Adopted (Vote: Y: 41/N: 3)

  HB 1990

  Sullivan Newberry

  Creates 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 Passed/Adopted (Vote: Y: 25/N: 14) 04-25-11 H Laid out for consideration in the House 04-25-11 H House refused to concur in Senate amendments 04-25-11 H House appointed a conference committee: Conference Committee on Insurance and Economic Development 04-27-11 S Senate appointed a conference committee: Newberry, Stanislawski, Treat, Crain, Eason McIntyre, Laster

  SB 154

  Mazzei Dank

  Changes 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:

  04-13-11 H Voted from committee – Do Pass as substituted House A&B 04-26-11 H Set on the House Floor Agenda 04-26-11 H Laid out for consideration in the House 04-26-11 H Reynolds debates in opposition to the measure; Dank debates in favor of the measure. 04-26-11 H Passed/Adopted (Vote: Y: 67/N: 24)

  SB 593

  Brinkley Quinn

  Account 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 -

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