INSIDE - eCapitol.net
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INSIDE - eCapitol.net
w e e k ly e d i t i o n • v o l u m e 2 4 , i s s u e 4 • t h u r s d ay , j a n u a r y 8 , 2 0 1 5 eCapitol.net “Right when you need it” House, Senate standing committee schedules released By Shawn Ashley inside News Director n (eCap) Legislators will be particularly busy Tuesdays during the legislative session, according to the standing committee meeting schedules released Thursday by the House and the Senate. Eleven House committees are scheduled to meet Tuesday and four Senate committees also will meet that day. Five Senate committees are scheduled to meet Monday, according to that chamber’s schedule. Another 11 House committees will meet Wednesday, the House schedule shows. Only three House committees are scheduled for Monday and another three will meet on Thursday. Time is set aside for the House Appropriations and Budget Committee to meet each of those days. The full committee could meet at those times, as well as its subcommittees, the schedule indicates. The Senate Appropriations Committee is scheduled to meet Wednesday morning. The same time also is set aside for appropriations subcommittees to meet if the full committee is not scheduled. The Senate Rules Committee also will meet on Wednesday at the call of the chair, Sen. Ron Justice R-Chickasha. The following House committees are schedule to meet Monday at approximately 3 p.m., following that day’s floor session that is scheduled for 1:30 p.m. (Room numbers shown in parenthesis): Banking & Financial Services (521A), Common Education (412C), and Tourism and International Relations (252). Monday’s Senate committee schedule includes: 9 a.m., Senate Education Committee (535) 10:30 a.m., Senate General Government Committee (230) After session, which typically begins at 1:30 p.m., Health and Human Services (535) and Pensions (230) 3:30 p.m., Agriculture and Rural Development (419C). Tuesday’s House floor session will get underway at 9 a.m. At 10:30 a.m., four House committees will meet: Alcohol, Tobacco & Controlled Substances (512A), Children, Youth and Family Services (412C), Environmental Law (252), and Transportation (206). Three House committees will meet at 1:30 p.m. Tuesday: Energy and Natural Resources (206), Veterans and Military Affairs (512A), and Long Term Care and Senior Services (252). Four House committees are slotted to meet at 3 p.m: Administrative Rules (252), Business, Labor and Retirement Laws (432A), County and Municipal Government (512A), and Judiciary and Civil Procedure (206). Tuesday’s Senate committee schedule includes: 9 a.m., Judiciary (230) 10:30 a.m., Finance (535) After session, Tourism and Wildlife (511A) 3:30 p.m., Transportation (419C). The House will meet on the floor at 1:30 p.m. Wednesday and its morning will be filled with committee meetings, including Agriculture and Rural Development (206), Elections and Ethics (252), and Government Oversight and Accountability (412C) at 9 a.m. and Criminal Justice and Corrections (432A), Public Health (412C), Rules (512A), and State Government Operations (206) at 10:30 a.m. Following the afternoon floor session, the following House committees are scheduled to meet: Economic Court ruling could change how workers’ comp cases are heard By Ben Luschen Capitol Reporter n (eCap) A district court ruling that could prove to significantly impact the way worker’s compensation cases are handled in Oklahoma may soon be heard by the state Supreme Court, Advisory Council on Workers’ Compensation officials said Thursday. A district judge ruled this month that Pottawatomie County man Darrell Duck’s injury while on the job at a Shawnee Hibdon Tire location was foreseeable, and therefore was not covered by the state’s workers’ compensation act. Bob Burke, a workers’ comp lawyer and a former council member, said in a presentation to the council that Duck, who he is representing, was trying to loosen a bolt when he fell and was injured. Burke said if Duck’s injury is not covered, then he is without remedy, which is in violation of a violation of the Constitution. “For every wrong, there’s a remedy,” Burke explained. “You’ve got to have some place to go to get a remedy.” Burke said he will request of the judge on Friday to certify the appeal and the original jurisdiction be assumed by the state Supreme Court so they can decide the issue. Council Chair Michael Carter called the case a potential “Earth-shaker” if the Oklahoma Supreme Court were to uphold the decision. The court has not yet agreed to hear the case, but Burke said he expects they will. schedules • see page 5 workers' comp. • see page 4 Proposed bill would reduce income taxes for teachers DOC recalculates capacity; now at 116 percent OJA board approves ‘groundbreaking’ charter school contract see STORY ON PAGE 2 see STORY ON PAGE 3 see STORY O N PA G E 3 1800 Capitol news now 2000 weekly Edition Proposed bill would reduce income taxes for teachers OJA board approves ‘groundbreaking’ charter school contract .......... 3 Shelton calls on Hickman to ban use of House media staff for hate speech .............................................................................................. 3 Oklahoma PTA announces 2015 education rally..................................... 4 Bill would block abusive caretakers from inheritance........................... 4 DHS adds foster care ombudsman position, new complaint process.... 5 Fallin Announces Appointment to State Board of Career and Technology Education.......................................................................................... 5 BILL SECTION House - All Prefiled Bills........................................................................... 6 Senate - All Prefiled Bills.......................................................................... 8 Statutory Citation Cross Reference........................................................ 15 Bill Subject Cross Reference.................................................................. 17 2014-2015 Deadline Calendar.................................................................. 18 Calendar................................................................................................... 19 Order your Governor’s Signed Measures CD. Due out in June. By Cynthia Santos Capitol Reporter n (eCap) A recently filed bill would exempt teachers from paying state income tax on 25 percent of their income. The reduction would occur for taxable years beginning after Dec. 31, 2015. SB0093, filed by Sen. Mike Mazzei, states that the exemption will be given to individuals who have a current certificate issued by the Oklahoma Board of Education to teach any grade level from prekindergarten through grade 12 and is employed on a full-time basis for a school year which occurs during the taxable year by a public of private school in the state. The bill also specifies that the income available for the exemption would only include that which is earned as a teacher. Mazzei said that teacher pay has been a focus of his since his freshman year in 2004. In his first few years Mazzei said there were a few pay raises given to teachers, moving Oklahoma from ranking 49th in teacher pay to 42nd. “Since the recession and ongoing budget problems we haven’t had any pay raises for several years in comparison to other states,” said Mazzei, R-Tulsa. “It’s not right that Oklahoma legislators are among the highest paid in the country and our teacher pay ranks 49th in the nation.” Mazzei said the only two options to fixing the current problem are teacher pay raises or exempting some of their income from state income taxes. “We’ve done something similar to this for Oklahoma engineering grads that go in to aerospace and it had a significant impact on keeping engineering grads in Oklahoma,” said Mazzei. “I believe this would help keep teachers in the state instead of leaving to other states with higher pay and lower taxes.” Mazzei said he is currently working on getting the numbers to see exactly what the monetary value of this 25 percent exemption would have on the state. SB0093 exempts from individual income tax for taxable years beginning after Dec. 31, 2015, 25 percent of any income earned for a taxpayer who has a current teaching certificate for any grade level from pre-kindergarten through grade twelve and is employed on a full-time basis by a public or private school. The bill specifies that the exemption will apply only to that income earned from teaching. DOC recalculates capacity; now at 116 percent By Shawn Ashley For more information: [email protected] Capitol News NOW A division of eCapitol, LLC PO Box 3366 Oklahoma City, OK 73101-3366 Office (405) 524-2833 [email protected] Darwin P. Maxey, Publisher COPYRIGHT © eCapitol, LLC 2015. No part of this publication may be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any language in any form by any means without the written permission of eCapitol, LLC. The data contained herein is obtained from government sources, but it is not warranted as to the accuracy by the publishers. january 8, 2015 News Director n (eCap) The Board of Corrections approved a recalculation of the prison system’s capacity Thursday, showing the state’s facilities are now at 116 percent of capacity. Department of Corrections Director Robert Patton said State Auditor and Inspector Gary Jones’ office raised questions about the way the agency calculates its prison capacity in a 2014 performance audit. The agency, said Patton, already had begun looking at the issue. The primary issue, Patton and Deputy Director of Institutions Laura Pitman explained, is that temporary beds were often were being included in the capacity calculation when the institutions where they were located were not prepared to properly handle the added inmates. Pitman said certain beds were deemed temporary if not related infrastructure improvements were made to accommodate the inmates assigned to those beds. As of Dec. 1, Pittman reported state institutions had a total of 16,529 rated or permanent beds. At the same time, 19,161 inmates were in the state’s facilities, the difference being housed in temporary beds. That means the system is operating at 116 percent of capacity, said Pittman. Data reported to federal officials last summer showed the department at less CAPITOL NEWS NOW A DIVISION OF eCAPITOL,LLC than 100 percent capacity, Pitman noted, because it treated temporary beds like permanent, rated beds. “It’s a way of looking at the number offenders housed at a facility or within a system compared to what the facility or system was designed to accommodate,” Pitman explained. Board member Linda Neal asked how the system’s staffing levels compared to its capacity. Patton said the department has from 60 to 67 percent of the number of correctional officers it needs for 100 percent capacity. “We are staffing at 60 to 67 percent of 100 percent capacity and we are at 116 percent of capacity,” Patton said. “That is a formula for disaster,” Neal said. Patton said the difference between the system’s staffing level and its capacity is the reason the agency is seeking additional funding. “The staff of the Oklahoma Department of Corrections does a remarkable job every day in the protection of the public,” said Patton. “Do I want to see additional funding for staffing? Of course, I do. That’s why I put it in my budget. I am asking the Legislature to fund me at 100 percent correctional officer staffing.” Patton said he knows it will be a tough budget year. “We are all competing for the same budget dollars and there are very tough decisions to be made. I understand that,” Patton added. 2 Capitol news now weekly Edition OJA board approves ‘groundbreaking’ charter school contract By Christie Southern Capitol Reporter n(eCap) Members of the board of the Office of Juvenile Affairs voted to approve a contract with the Oklahoma State Department of Education for the sponsorship of two OJA charter schools Thursday -- the first of its kind in the state. OJA originally filed for sponsorship in September and had its application approved at the State Board of Education’s November meeting. Board members called the partnership “groundbreaking” as it marks the first time in the state such a charter has been created. The new charter schools are intended for the Central Oklahoma Juvenile Center in Tecumseh and the Southwest Oklahoma Juvenile Center in Manitou. The schools will be located inside the fences at both juvenile centers and will be run entirely by the OJA. Previously, education for students inside the faculties was administered by the school districts the centers are located in Tecumseh Public Schools for the Tecumseh center and Tipton Public Schools for the Manitou center. Executive Director Keith Wilson has maintained the creation of these two charters would be beneficial and in the best interest of their “unique population.” Legislative approval was first granted to OJA in 2014 via Senate Bill 1902, by Sen. A J Griffin, R-Guthrie and Rep. Lee Denney, R-Cushing, which permits the office to establish a charter school. The bill passed the Legislature and was signed by Gov. Mary Fallin in April. “We share in our enthusiasm that this could be a game-changer,” said OSDE Chief of Staff Joel Robison during Thursday’s board meeting. “This is a partnership,” he added. “What we hope is to meet you in the middle with our educational expertise to meet the unique challenges of this population.” The charters will operate with a principal at each site and an educational director to serve as superintendent with oversight of these schools. Wilson said the director position will likely go to someone already on staff. The schools, OJA staff said, will operate under the same statutory guidelines other charters are. Some opposition was expressed late last year to the creation of the charters by the affected school districts. Concerns ranged from OJA’s involvement in education, to loss of state funding and teacher jobs. The adoption of the new charter schools will mean a smaller student count for both the Tecumseh and Tipton school districts. OJA was previously asked by the school districts to provide compensation for the loss of state funding that will result. “Obviously these schools will not have these students anymore but on the other hand they won’t be paying all of the teachers they would be paying to teach these kids,” Wilson said following approval of the contract. “I don’t see them with a significant risk because for two years they get to keep counting those kids as a part of their student count even though they don’t have them.” As for the requested reimbursement, Wilson said the agency has no legal authority to pay for a service they don’t receive. Wilson anticipates to start classes at these facilities around the middle July. SOJC and COJC house approximately 64 and 72 residents, respectively. OJA General Counsel Dorothy Brown said during Thursday’s meeting a third site is a possibility in the future. Shelton calls on Hickman to ban use of House media staff for hate speech By Christie Southern Capitol Reporter n (eCap) State Rep. Mike Shelton called on House Speaker Jeffery Hickman Thursday afternoon to prohibit the use of taxpayer resources to attack a religious organization. The call came after comments were made against Islam and the Quran by Rep. John Bennett through the House of Representatives media office in a press release sent out earlier in the day. Shelton, D- Oklahoma City, called the release an abuse of his public office. “I urge Speaker Hickman [R-Dacoma] to ban Rep. John Bennett from using the state House media staff to write and distribute his hateful rants about Adam Soltani, executive director of the Oklahoma chapter of the Council on American-Islamic Relations (CAIR),” Shelton said. “I’m a fervent believer in free speech,” he added. “But Representative Bennett’s speech isn’t free, because he’s using taxpayer-provided resources to conduct personal rants against a religious organization and its activities that have january 8, 2015 absolutely nothing to do with state government. He should be conducting his personal attacks on his own time, using his personal resources, not House staff and House computers.” Bennett, chair of the Oklahoma Counterterrorism Caucus, said he questioned the statements made by Soltani, in response to a terrorist attack in Paris that left 12 people dead and several others critically injured. “Almost immediately after the news broke of the Paris attacks, Adam Soltani sent a press release claiming the terrorists ‘are not Muslim’ and that they ‘were the antithesis of everything that Islam teaches and represents,’” Bennett said in a statement. “In fact, the Quran, Islam and Mohammed’s hadiths justifies, teaches and makes it obligatory to commit violence against non-Muslims.” Citing several passages, Bennett said CAIR and Soltani should also condemn those portions of the Quran. “Adam Soltani condemned me for my free speech on my personal Facebook account a few months ago,” Bennett said. “This led to numerous death threats to my family and I. He CAPITOL NEWS NOW A DIVISION OF eCAPITOL,LLC also put me on a ‘Islamaphobic’ hit list, which again led to threats against my life. He is telling the papers that people have the right to speak freely, but does that only mean if they do not expose the truth about Islam and Mohammed’s hadiths?” This is one of numerous other times Bennett has been outspoken against CAIR, Islam and the Quran in the last year. eCapitol.net 3 Capitol news now weekly Edition Oklahoma PTA announces 2015 education rally By Shawn Ashley News Director n (eCap) Oklahoma PTA President Jeffery Corbett said Thursday he expects as many as 50,000 education supporters will rally at the Capitol in March. “This year we are coming back and we will be twice as strong,” Oklahoma PTA President Jeffery Corbett said during a State Capitol press conference. An estimated 25,000 education supporters rallied at the Capitol in 2014. “In 2014, we came together as a united family, requiring our legislators pass House Bill 2642, which would have provided automatic increases in common education funding for the next decade,” Corbett said. “We also told our legislators that we wanted high stakes testing to stop. Unfortunately, of the 2.1 percent increase that was given to education, very little actually reached the classroom.” Corbett said 2015 must be different. “Our children deserve better will be resounding cry of our group,” he said. Corbett said his organization also is calling on lawmakers to reexamine the state’s public school accountability systems and requests that teachers and administrators, as well as leaders in the university academic community, work together to create realistic tests that effectively measure a district’s progress in helping students meet state standards, while using their own locally developed curricula. He also said he hopes lawmakers will consider removing a sunset provision of the Readying Sufficiency Act that allows a team comprised of a parent, two teachers, principal and a reading specialist to recommend whether a child has the skills to move to the fourth grade if they fail the reading test. “Unfortunately, the sunset provision mandates that this proficiency team will disappear after 2015,” said Corbett. “We are calling on our legislators to ensure this every effective portion of the act stays in place so our children are individually assessed and helped as they deserve.” Corbett said teacher pay and education funding will be the hot button of the event and one that causes the most concern for families and educators every year. The rally is scheduled for March 30 on the south side of the Capitol. Bill would block abusive caretakers from inheritance By Ben Luschen Capitol Reporter n (eCap) The author of a newly filed bill hopes to protect the interests of the state’s older population from those who abuse them. HB1031, by David Perryman, D-Chickasha, would prevent a family member, caretaker or other person who has been convicted of neglect, abuse, exploitation or other crimes against an “elderly” or disabled person from inheriting from the victim or receiving any portion of their estate. The property or benefit will instead pass as if the convicted had died before the victim. Perryman said currently there is common law in place that protects those convicted of crimes like murder from receiving inheritance. The purpose of this bill, he said, is to expand those protections against those who abuse or take advantage of an often vulnerable group of people. “In contemporary times we cannot forget the population that is dependent on the care of others,” Perryman said. As mental health issues affecting our population have become more visible, he said protecting those who may be in their care should also be a priority. Perryman said a constituent of his was the one who came to him with the idea about the legislation. One of his main goals as a lawmaker, he said, is to guard the interests of the defenseless. “That’s the whole purpose of a civilized society, to protect those who are unable to protect themselves, and this is just one more tool that will help protect those individuals,” he said. While the primary intent of the bill is to protect older state residents, Perryman said he would not be against expanding the bill to further cover the disabled or other people dependent on a family member or caretaker. The only issue, he said, is that many times those people do not possess the resources to give away much after their deaths. A provision is made in the bill to allow for someone convicted of abuse of neglect to still receive some inheritance if the victim knowingly states their intentions or approval after the conviction. “If later that relationship changes, so long as there’s no undue influence, they can remove that prohibition,” he said. workers' comp. • from page 1 Carter said under the existing court ruling, any workers’ comp case worth money would go to district court. Employees that may be “at fault” for their own accident may not receive any coverage, he said. Carter said there’s a chance Duck could get some medical coverage from the court under the ruling, but it’s “extremely unlikely” he would get any other compensation and he would have no chance if he went back to work. Burke and Carter both agree that the problem stems from language added to the new worker’s compensation law, which was established under Senate Bill 1062 and signed by january 8, 2015 Gov. Mary Fallin in May 2013. The new law says compensable injuries should be “unforeseen” accidents. The Pottawatomie County case can be labeled as “foreseeable,” Burke said, because it’s within reason that you could get hurt while doing manual labor at a tire shop. Carter said it’s hard to pin any work injury down as truly unforeseeable. Burke said he hopes the Supreme Court strikes out the “odorous provisions” of the new law. He also said he also does not want them to start sending all the cases to district court. “I really hope the Supreme Court will say, ‘Enough is enough, this has gone too far and let’s CAPITOL NEWS NOW A DIVISION OF eCAPITOL,LLC have a reasonable replacement,’” he said. Burke said future action on the case will be “major,” and he’s eager to see how it develops. “Our life’s not going to be simple until we know exactly what the new law says,” he said. 4 Capitol news now weekly Edition DHS adds foster care ombudsman position, new complaint process From OKDHS n(PRESS) The Oklahoma Department of Human Services (DHS) has created a new position to help resolve problems for foster parents. Lisa Buck, a former foster parent and a professional advocate, has been named as the foster care ombudsman. DHS Director Ed Lake created this position within the Office of Client Advocacy (OCA) to track, address and resolve complaints and grievances of foster parents in order to improve their experiences with DHS and ultimately to improve recruitment and retention of foster parents. OCA is the independent investigative and advocacy office within DHS that promotes client safety and the fair, honest and professional delivery of services provided by the agency. Buck and her husband became foster parents eight years ago as an answer to their call of faith. They have had eight foster children in their home, adopting two of them along the way. In addition to the children they adopted, the Bucks also have four biological daughters, and two other “sons” who have become part of the family through church mentorship. “Having been a foster parent, I understand that it is critically important that their needs be heard and addressed,” she said. Buck is passionate about systemic improvements for foster families. She was an original member of the 111 Project to create initiatives and awareness in the faith community. She is also a tireless advocate for foster parent recruitment and retention, speaking all over the state to faithbased groups, support groups and conferences. “Lisa’s personal and professional background makes her uniquely suited to serve as the foster care ombudsman. She is dedicated to improving the experience of foster parents and has the passion, wisdom and sense of purpose necessary to truly make a difference,” said Kathryn Brewer, OCA Advocate General. Senate Bill 1793 which went into effect November 1, 2014, mandated an entirely new grievance and complaint process for foster parents. This legislation requires the collaboration and oversight of both the Oklahoma Commission on Children and Youth (OCCY) as well as the DHS OCA. The two offices have been working together to establish an online complaint system, www.okfosterparentvoices.org. “The collaboration between the OCA and the OCCY will foster transparency of the foster parent complaint process” said Sara Vincent OCCY Programs Manager. “As a result of the positive working relationship between the OCA and the OCCY, foster parents are able to submit complaints at a neutral site. This process cultivates a systemic support system for foster parents and promotes communication among persons involved in providing services to children placed in foster care. The OCCY supports the advocacy efforts for foster parents offered by the new foster care ombudsman.” The grievance procedures have been significantly modified for foster parents. The statute requires all grievances and complaints to be resolved within 60 days. However, initial responses to complaints or grievances are now answered within three business days and are tracked by the foster care ombudsman. To submit a complaint or grievance, foster parents can use the online form located at: http:// www.okfosterparentvoices.org/ or call 1-866355-9288. “Foster parents have not had this opportunity before,” said Buck, “This process will help them understand what their rights are, provide them with answers and closure, and allow their voices to be heard.” Fallin Announces Appointment to State Board of Career and Technology Education From Gov’s Office n(PRESS) Governor Mary Fallin has announced the appointment of David Stewart to the State Board of Career and Technology Education. He is replacing Karl Meyers, who resigned. Confirmation from the Oklahoma Senate is required for this appointment. Stewart, of Afton, is chief administrative officer and trustee of the Oklahoma Ordinance Works Authority in Pryor, a public trust that operates the MidAmerica Industrial park. He was appointed to this position by Governor Fallin in 2013. “David Stewart is a proven leader who has the knowledge and schedules • from page 1 Development, Commerce and Real Estate (432A), Higher Ed and Career Tech (412C), States and Federal Relations (252), and Utilities (206). After a morning floor session in the House on Thursdays, three committees are scheduled to meet: Insurance (206), Public Safety (412C), and Wildlife (512A). january 8, 2015 experience to continue the success of our state’s CareerTech system,” said Fallin. “David understands that to meet our growing workforce needs, our state must continue to produce skilled workers to qualify for today’s high-tech and high-skill jobs.” Stewart also serves on the board of directors at the Oklahoma Academy for State Goals, the Tulsa Regional Chamber and the State Chamber of Oklahoma. Stewart is the former president and chief executive officer of Cherokee Nation Businesses and Cherokee Nation Entertainment. He received a bachelor’s and master’s degree from Oklahoma State University and is a certified public accountant. The Senate typically holds its Thursday session in the morning, as well, but two committees are scheduled to meet before that and three after: 8:30 a.m., Energy (535) 9 a.m., Business and Commerce (511A) 10 a.m., Insurance (419C) CAPITOL NEWS NOW A DIVISION OF eCAPITOL,LLC After session, Public Safety (230) and Veterans and Military Affairs (419 A & B). [For tables showing the committee meeting times, visit the Buzz. A complete list of each committee’s members is available by clicking on “Committees” on the right side of the screen or by visiting the Buzz.] 5