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2015 Session Overview

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2015 Session Overview 2015 Oklahoma Session State Senate Overview June 2015 Oklahoma State Senate 2015 Session Overview The 2015 Oklahoma Legislature convened on January 6, 2015, for the purpose of performing its duties as required in Section 5 of Article VI of the Oklahoma Constitution and organizing pursuant to the provisions of Article V of the Oklahoma Constitution. The Legislature reconvened on Monday, February 2, 2015, and adjourned sine die on May 22, 2015, a week earlier than required in the Oklahoma Constitution. The Senate welcomed ten new members: Senators Stephanie Bice, Kay Floyd, Jack Fry, Darcy Jech, Anastasia Pittman, Marty Quinn, Joseph Silk, Jason Smalley, Roger Thompson and Ervin Yen. Senator Kevin Matthews was sworn in mid- session after he was elected in a special election following the resignation of Senator Jabar Shumate. Senator Brian Bingman was re-elected as President Pro Tempore, and Senator Mike Schulz was re-elected as Majority Floor Leader. Other officers of the Senate for the 2015 session included Senators Eddie Fields, Greg Treat and Rick Brinkley, Assistant Floor Leaders; Senators Nathan Dahm, Kim David, Frank Simpson and Rob Standridge, Majority Whips; Senator Bryce Marlatt, Majority Caucus Chair; Senator A.J. Griffin, Majority Caucus Vice Chair; and Senator Randy Bass, Minority Leader. 1 The Legislature considered 2,176 bills and joint resolutions, of which 214 Senate measures and 184 House measures became law. Governor Mary Fallin vetoed 17 measures and one of those vetoes was overridden by the Legislature. Another two measures referred state questions to the voters for action at the November 2016 election. Since most measures not acted on in the first session of a legislature carry over to the second session, the 2016 session will start with 1,724 measures carried over from the 2015 session. With respect to specific issues, general appropriations for state government for fiscal year 2016 were included in HB 2242. Despite facing a shortfall in funds available for appropriation from the General Revenue Fund of over $600 million, as compared to fiscal year 2015, the Legislature enacted a balanced budget that preserves education funding, reforms the practice of earmarking revenues, and provides for regular, independent evaluations of tax expenditures. The Legislature was also able to enact legislation to provide a mechanism for completion of the Native American Cultural Center and Museum project and provide for construction of a self-sustaining Oklahoma Museum of Popular Culture in the Tulsa area. Other Senate leadership agenda items passed in 2015 include: Jobs and Economy SB 806- Bingman/Dank - requires that tax credits and economic incentive provisions include a measurable goal, or goals HB 2182- Bingman/Dank - establishes a process to provide lawmakers with independent evaluations of tax credits and economic incentives SB 498- Mazzei/Sears – ends the five-year ad valorem tax exemption for new wind farms beginning January 1, 2017 SB 502- Quinn/Sears - prohibits a wind facility from claiming the investment tax credit SB 809- Bingman/Hickman – prohibits municipal drilling bans that conflict with existing statute and Corporation Commission regulations SB 499- Sykes/McBride - exempts out-of-state companies from paying Oklahoma taxes when they work to restore infrastructure after a disaster SB 411- Crain/Echols - allows private companies to hire their own commercial driver’s license instructors and examiners 2 Education SB 20- Sharp/Henke - allows a teacher from out of state with 5 years of experience to teach in Oklahoma in the same subject area or grade level for which they are certified out-of-state, without having to take competency exams in Oklahoma SB 782- Jolley/Denney - allows all districts to adopt a charter school model, and provides for an appeals process if a charter application is refused SB 706- Ford/Casey - delays the implementation of a portion of the teacher evaluation system known as Teacher Leader Effectiveness HB 1521- Smalley/Henke - allows local school districts to make one-time incentive payments to recruit or retain individual teachers SB 630- Ford/Casey - extends the current moratorium on automatic retention for most students who fail a reading test at the end of third grade Health and Human Services HB 1948- Griffin/Cox - requires doctors to check a patient database before writing prescriptions for highly addictive drugs HB 2154 – Crain/Echols – authorizes a medical pilot program allowing the supervised use of non-intoxicating CBD oil for the treatment of severe forms of traumatic brain injuries in children SB 560- Standridge/Derby - clarifies that nothing in state law prohibits patients and providers from entering into a direct primary care arrangement, and states that direct care arrangements will not be regulated by the Insurance Department HB 1566- David/Mulready - requires the Health Care Authority to send a request for care coordination models for dual and non-dual eligible non- institutionalized aged, blind and disabled persons SB 338- Standridge/Martin - authorizes the Oklahoma Tax Commission to disclose state tax records of Medicaid recipients to the Oklahoma Health Care Authority for the purpose of determining eligibility for current or potential recipients of assistance from the program 3 HB 1409- Treat/Billy - initiates a three day wait period before a patient could have an abortion, and requires that patients be made aware that ultrasound and heart monitoring technology are available HB 1074- Standridge/Morissette - gives terminally ill patients the right to try investigational medicines that have passed the first phase of FDA approval HB 1721-Brecheen/Peterson - bans dismemberment abortions Public Safety SJR 31- Sykes/Christian - sends to a vote of the people a constitutional amendment that, if approved, ensures that death penalty statutes are in effect, that methods of execution can be changed, and that the death penalty is not cruel and unusual punishment HB 1879- Sykes/Christian - allows the use of nitrogen hypoxia for administering the death penalty HB 1518- Shaw/Peterson – allows judges to depart from mandatory minimum sentencing requirements for certain offenders HB 1548- Sykes/Biggs - allows for judicial review of sentence modification after completion of the Bill Johnson Correctional Center drug offender program HB 1965- Public Safety Committee/O’Donnell - establishes a primary offense for texting and driving SB 721- Sykes/Peterson - adds a definition of “advertising” or “advertisement” to the statute relating to child trafficking HB 2168- Newberry/McCullough - modifies employment licensing requirements to expand work opportunities for former offenders HB 1006- Stanislawski/Kern - expands wiretapping statutes to cover crimes of human trafficking for labor, commercial sex and the prostitution of children HB 1047- David/Biggs - makes aggravated child pornography an 85 percent crime Government Reform 4 SB 189- Sharp/Casey - establishes the Performance Informed Budget and Transparency Act, to develop a comprehensive budgeting system that ties spending to measurable goals and outcomes SB 751- David/McCall - allows law enforcement entities to contract with third parties for the transportation of individuals for purpose of exams, emergency detention, protective custody, and inpatient services HB 1007- Newberry/Brumbaugh - prevents any church or clergyman from being required to solemnize a marriage in violation of his or her right to the free exercise of religion as protected under the First Amendment HB 2237- Bingman/Hickman – Provides a $25 million bond to complete the American Indian Cultural Center and Museum, and establishes a plan to end the state’s financial stake in the project Other bills of note: SB 195- Simpson/Newell - creates the Voluntary Veterans' Preference Employment Policy Act HB 1353- Simpson/Rousselot - creates the Disabled Veteran Business Enterprise Act and requires that preference be given to certain veterans SB 839- Bingman/Hickman – Provides a $25 million bond to fund construction of the Oklahoma Museum of Popular Culture, better known as OKPOP The following list includes all measures signed into law or vetoed by Governor Fallin during the 2015 session. To access additional information or the text of any measure, please see http://www.oklegislature.gov/basicsearchform.aspx. 5 Measures Enacted by 2015 Oklahoma Legislature Measure Short Title S Author H Author Current Date Number Status Schools; providing immunity from 04- APPROVED SB5 liability for education employees Sharp Cockroft 21- BY GOV for use of reasonable force. 2015 Social work; narrowing scope of 04- APPROVED SB7 certain exemption; clarifying Sparks Virgin 13- BY GOV language. Effective date. 2015 OSBI; allowing appointment of 04- APPROVED SB11 affiliate task force agents. Effective Barrington Bennett 21- BY GOV date. 2015 Teacher certification; providing for 04- certification of out-of-state APPROVED SB20 Sharp Henke 21- teachers. Effective date. BY GOV 2015 Emergency. Open records; providing exception 04- for certain business information APPROVED SB23 Quinn Lepak 13- kept by higher education BY GOV 2015 institutions. Effective date. State employees; modifying State Employee Assistance Program; 04- APPROVED SB24 abolishing certain Advisory Quinn Faught 07- BY GOV Council. Effective date. 2015 Emergency. State purchasing; modifying 04- APPROVED SB28 requirements for State Purchasing Brecheen Echols 02- BY GOV Director. 2015 Teacher certification; directing
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