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
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“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
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Office (405) 524-2833
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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
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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.
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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
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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.
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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
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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
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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)
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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