Oklahoma Policy Review 2017 • Volume 2

Sponsored by: Education 4 Agriculture 28 Oklahoma’s ESSA Compliance Faces Opposition ��5 Impacts of the 2018 Farm Bill On Oklahoma ��29

Energy 7 Infrastructure 31 Eliminating Credits and Expanding Access: Paving with a Plan ��32 Oklahoma’s Equal Opportunity Approach to Energy ��8

Elections 34 Judiciary 10 Taxation without Representation: Special Elections and Empty Seats ��35 The Political and Financial Cost of Criminal Justice Reform �� 11

Health Care 37 Tribal Affairs 13 Oklahoma’s Vaccine Policy: Why Oklahomans May Be at Risk ��38 Anti-Protest Legislation: The Conflict Between Energy, Environment and Cultural Interests �� 14 Human Services 40 The Effects of Preemptive Measures in The Oklahoma Children’s Code ��41 Regulatory Affairs 17 The Benefits and Criticisms of Family Leave Mandates �� 18 Budget & Finance 43 The Budget Cycle Continues ��44 Public Safety 20 A Vote on the Emergency: The Dangers and Short Term Solutions Regarding Public Safety Funding �� 21 OPNION 43 The Role of Citizen Potawatomi Nation in Oklahoma at a Glance ��48 Veterans and Kill Joy ��48 Military Affairs 23 End of Session Commentary ��50 Navigating the Home Front �� 24 ACLU of Oklahoma Response to Oklahoma House’s Shameful Scuttling of Criminal Justice Reform Measures ��48 Governor Mary Fallin Signs Budget Bill, Highlights Successes in 2017 Legislative Session. ��48

Ted Streuli Corey Perry Phone: (405) 278-2848 To order additional copies, Associate Publisher Legislative Report Administrator FAX: (405) 278-2877 please call: JRLR.net (405) 278-2877 Brett Sebastian Tabitha Wilson Legislativereport.com or email: JRLRSales@journalrecord. Legislative Report Manager Graphic Designer com

Joel Dean Mailing Address: Technical or service Capitol Reporter 101 North Robinson Ave., Suite 101 questions, email: 23rd & Lincoln Web Manager Oklahoma City, OK 73102 [email protected]

All opinions expressed in the Oklahoma Policy Review belong to the author and do not necessarily reflect the opinions of The Journal Record or The Journal Record Legislative Report. Contents copyright 2017.

Oklahoma Policy Review 56th Oklahoma Legislature

2017 Session

BILLS FILED THIS SESSION EXPERIENCE BILLS PASSED BY SUBJECT 2462 TOTAL # of Freshmen legislators: Education Bills: 53 48 Energy Bills: 7 # of 2nd term legislators: 27 Judicial Bills: 32 921 1541 Senate House # of 3rd term legislators: 16 Tribal Affairs Bills: 2 # of 4th term legislators: 21 Regulatory Bills: 119 # of 5th term legislators: 14 Public Safety Bills: 30 # of 6th term legislators: 18 Veterans & Military Affairs Bills: 19 930

Agriculture Bills: 20 2017 ATTRITION 607 Infrastructure Bills: 19 DECEMBER – REP. TOM NEWELL: RESIGNED FOR PRI- VATE SECTOR JOB Elections Bills: 7 197 FEBRUARY – REP. DAN KIRBY: RESIGNED FACING Health Care Bills: 38 EXPULSION

Human Services Bills: 25 17 FEBRUARY – SEN. RALPH SHORTEY: RESIGNED FACING EXPULSION Bills passed out of Signed by the Budget & Finance Bills: 45 committee Governor MARCH – REP. DAVID BRUMBAUGH: PASSED Bills passed to Bills vetoed opposite chamber APRIL – SEN. KYLE LOVELESS: RESIGNED LEADERSHIP MAY – REP. SCOTT MARTIN: RESIGNED FOR PRIVATE SECTOR JOB HOUSE OF REPRESENTATIVES SENATE: Speaker of the House: Charles McCall President Pro Tempore: Mike Schulz JANUARY 2018 – SEN. DAN NEWBERRY: ANNOUNCED Speaker Pro Tempore: Harold Wright Majority Floor Leader: Greg Treat DECEMBER RESIGNATION TO TAKE PRIVATE SECTOR JOB Majority Floor Leader: Jon Echols Majority Party Chair: Gary Stanislawski Majority Leader: Mike Sanders Majority Whip: Mark Allen Majority Whip: Terry O’Donnell Majority Whip: Nathan Dahm FEBRUARY 2018 – SEN. JOE NEWHOUSE: WILL MISS Minority Leader: Scott Inman Majority Whip: Frank Simpson 2018 SESSION DUE TO BEING CALLED TO ACTIVE MILI- Minority Floor Leader: David Perryman Majority Whip: Rob Standridge TARY DUTY. Minority Whip: Chuck Hoskin Minority Leader: John Sparks Minority Leader Emeritus: Randy Bass Minority Party Chair: Kay Floyd Minority Whip: J.J. Dossett 2 • 56th Oklahoma Legislature 2017 WHAT ARETHEY UPTONOW? Track the action in the Oklahoma Legislature IN REAL TIME Interim Studies • Committee Meetings • Floor Action & More Plus set your own alerts for what matters most to you.

Get The Journal Record Legislative Report Call 405.278.2848405.278.2825 for a free demo.

Oklahoma Policy Review • Volume 2 56th Oklahoma Legislature • 3 Oklahoma Policy Review Education

Total Bills: 53 Signed: 51 Vetoed: 2 Resolutions: HJR1028

ENROLLMENT ADAIR MAYES

ATOKA MCCURTAIN school week districts Counties with FY9-10: 654,542 FY10-11: 659,615 CADDO MCINTOSHI FY11-12: 665,841 CARTER OKMULGEE FY12-13: 673,190 FY13-14: 681,578 CHOCTAW OSAGE FY14-15: 688,300 COAL PITTSBURG FY15-16: 692,670 FY16-17: 693,710 COMANCHE PONTOTOC GRADY POTTAWATOMIE 4 EDUCATION APPROPRIATIONS SUMMARY JOHNSTON PUSHMATAHA day (according to House fiscal documents) KIOWA ROGER MILLS FY10: $3,622,792,171 LATIMER TEXAS FY11: $3,575,365,959 FY12: $3,408,217,675 LEFLORE WASHINGTON FY13: $3,483,954,375 FY14: $3,459,728,733 LOGAN WOODWARD FY15: $3,631,122,391 FY16: $3,631,122,391 FY17: $3,399,643,387 $ PRIVATE SCHOOLS CHARTER SCHOOLS Average private school tuition is $4,689 for elementary schools and 32 ACTIVE CHARTERS $5,959 for high schools 2010-0 More opened each year

2012-2 35,886 students. 2013-2

2011-6 219 private schools 2014-6

2015-11 77% of schools are TOTAL ENROLLMENT 15/16=19,893 religiously affiliated

4 • Education 2017 Oklahoma’s ESSA compliance faces opposition

By: Madeline Hecker & Joel Dean The Every Student Succeeds Act (ESSA) signed into law by President Obama on December 10, 2015 requires all states to include an assessment procedure for public education but leaves the details of said assessment up to the states. Oklahoma rolled out its plan for ESSA compliance this year to strong opposition. The plan faced claims that it was racist, based on misleading documentation and that it was introduced via a flawed and manipulative strategy. These claims failed to defeat HJR1028 or the trailer bill HB1693. Together these pieces of legislation bring Oklahoma into ESSA compliance and redefine the states A-F school grading scale. Legislation signed in 2016 required The new A-F school report program This whole system gives an illusion of 3 a study and development of assessment weighs students differently based manipulated improvement.” requirements that would bring upon, among other things, the color In other states implementing similar Oklahoma into ESSA compliance. of their skin. Many believe this metric, assessment strategies, A-F continues This was accomplished through a 95 instead of highlighting low-income or to be a source of varying widespread member task force that came up with an underserved areas, simply lowers the bar controversy. The National Association assessment program recommendation. and institutionalizes a racial bias against of Secondary School Principals (NASSP) The full text is available on the Oklahoma minority achievement. One of the most surveyed several state studies on State Department of Education website, vocal opponents of the new weight education performance after adopting “Overall, there will be more information system was Representative Regina A-F grading. Their results implied that in the school report cards than what Goodwin, “being poor does not equal A-F is at the very least misleading and counts for accountability. As required being dumb, and being brown does not at worst has a negative impact on the 2 by ESSA, there will be information on equal being an automatic challenge.” education systems. In the Oklahoma per-student expenditures, expenditures, Proponents of the plan say it is designed specific studies, NASSP mentioned National Assessment of Educational to close the achievement gap and simply that “A-F grades were not productive Progress (NAEP) results, participation acknowledging that since not all students for school improvement because they rates, and professional qualification of start at the same point they shouldn’t be did not explain the how or why of educators.”1 This proposal was met with treated like they do. Goodwin’s issue is low performance, and the system did opposition when the 56th Legislature that not only do they use race as one of nothing to build the capacity of schools 4 drafted language echoing the task forces the factors that automatically signals a or educators” . The National Education recommendation. different weight, but the achievements Policy Center broke down the principal A chief complaint against these they are required to reach are different, issue with this assessment strategy: “A measures is focused on a racial “every child should be expected to meet single composite score as an index of component to the weight of students. the same academic standards. It is wrong school qualities is a dubious proposition. to have interim targets based on race. It is by no means clear what a single

1 Oklahoma Accountability Report: Oklahoma State Department of Education Recommendations for House 3 Id. Bill 3218 and the Federal Every Student Succeeds 5 2 Goodwin, Regina Oklahoma House of 4 A-F School Rating Systems.” NASSP. National Dec. 2016. Representatives. Interview. 22 May 2017. Association of Secondary School Principals.

Oklahoma Policy Review • Volume 2 Education • 5 OKLAHOMA IS RANKED IN EDUCATION FUNDING

at worst, interpret it as discriminatory and stigmatizing.” Their solution was two- fold and seemingly contradictory. “We made a tough decision to disaggregate data only for academic measures” As well as including “additional racial and ethnic groups as well as to further disaggregate by gender.” To solve perceived racism they expanded racial categories and changed the reporting function to only academic data.7 The new ESSA compliance draft grade can mean across such a diverse also included a direct reference to 5 “every child should array of criteria.” Democratic House the problems with the A-F grading Leader Scott Inman echoed these be expected to meet system. They stated that despite the concerns saying the assessment “doesn’t debate surrounding such grading accurately portray the issues in the the same academic systems Parents prefer this system to school districts and doesn’t treat students more subjective ratings. “Our research fairly.” The proposed bill treats Hispanic standards. It is wrong revealed that parents overwhelmingly and African American students who appreciate and value a summative rating, come from disadvantaged backgrounds to have interim targets especially when it is easily interpreted and differently. The weight overinflates their familiar, such as an A-F letter grade or a progress, without actually changing based on race. This percentage.” They also stated that this is anything they would receive extra only true in areas without a plethora of points. Essentially, an F school district whole system gives an school choice. In choice heavy districts could move to a D school rating without parents “, they placed less value on the 6 improving whatsoever. Goodwin illusion of manipulated overall score, and more on the individual pointed out that misleading scholastic measures.” 8 scores would not only have a negative improvement.” The draft was available for public effect on students it could also exacerbate comment until June 30th, a third and the ongoing teacher shortage. Goodwin final draft will be released in July with said that HB1693 gives the appearance need men and women in this state that another 30 day public comment period of closing the academic gap without are committed to teaching our children.” before the plan is sent to the Governor making any real progress. “Not only are On June 2nd the State Department for review. The finalized plan must be we failing our students, but we are failing of Education released an updated draft submitted to the U.S. Department of our educators. They are leaving the state of their ESSA Consolidated State Plan, Education by Sept. 1. at an alarming rate because they are in it they specifically addressed the not being supported. These changes are controversy involving conceived bias. failing educators and children alike. We “When limiting subgroups to income levels and racial and ethnic groups, it raised additional questions about 5 Howe, K.R. & Murray, K. (2015). Why School 7 Oklahoma’s Consolidated State. ESSA Report Cards Merit a Failing Grade.Boulder, how and why those populations were Oklahoma’s Consolidated State Plan. Working CO: National Education Policy Center. identified.” The report even stated that paper. Oklahoma Department Of Education, 6 “Education Concerns with Inman and 2 June 2017. Martin.” JRLR Podcast. 7 Mar. 2017. parents specifically had concerns: “At 8 Id. best, they see it not intended for them and

6 • Education 2017 The percentage of CareerTech students who continue on to professional work or additional education after program completion.

With 58 campuses across the state, Oklahoma CareerTech combines hands-on training, best-in-class technology, and some of the state’s most experienced professionals to provide the education and career development needed to step into the workforce and succeed from day one.

POWERING OKLAHOMA’S ECONOMIC ENGINE

Learn more at PoweredByOKCareerTech.com. Oklahoma Policy Review Energy

Total Bills: 7 Signed: 7 Vetoed: 0 OKLAHOMA ENERGY CONSUMPTION ESTIMATES, 2015

HYDROELECTRIC DAMS IN STATE SOLAR

Denison Dam: Eufalla Dam: Fort Gibson Dam: Pensacola Salina Pumped Installed capacity Installed capacity Installed capacity 48 MW Dam: Installed Storage: Nameplate 80 MW 90 MW Annual generation208, capacity 120 MW Capacity 260 MW 482,000 KWh

WIND Oklahoma ranks 45th

2016 installed in solar capacity capacity 6,645 MW’ Wind capacity under Number of wind construction: 913 MWturbines: 3,394 Wind capacity in advanced TRADITIONAL FUELS development: 99 MW

During 2016, wind Natural gas: 2.5 energy provided 25.12% trillion cubic feet in 2015 of all in-state electricity Crude Oil: production. 425 thousand barrels a day (april 2017)

Coal: 780 tons 2015

WIND ENERGY CREATES JOBS—AT A FASTER RATE THAN ANY OTHER INDUSTRY = 10T CUBIC FEET

8 • Energy 2017 Eliminating credits and expanding access: Oklahoma’s equal opportunity approach to energy

By: Joel Dean Both wind energy and oil and gas production were treated to the same general strategy during this year’s budget focused session. The legislation affecting each industry ended up mirroring one another despite several discrepancies in timing, rhetoric and even political approach. The basic principal used in each reform is a compromise approach, let the industry expand by getting rid of spacing, property and notification requirements while at the same time making them pay more in taxes by eliminating incentive credits. In the case of wind energy, removing credits was touted as a long overdue necessity. For oil and gas these credits were said to be all that kept the industry in the state. Wind energy reform was a foregone the wind energy credit was a liability.2 more, or went back on an agreement. conclusion and a plan that went through Other than heated moments dealing with The last large hurdle was the rift in the both chambers quickly and decisively in parliamentary procedure at the end of Republican Party. A significant number the early days of session. Long laterals the vote, there was nothing unexpected of GOP members in the House created and gross production tax increases were about the proceedings. In contrast there the Republican Platform Caucus. The fiercely debated and for the most part not was almost nothing predictable about the chief tenant of their new organization was even considered until the last few weeks. gross production rate change. To begin, no tax increase and instead cut services Despite all of this, the end result for both raising gross production was considered further. This led to the muted change to industries was, in the simplest terms, a non-starter for the majority of session, gross production in the form of a small nearly identical. not mentioned in any serious discussion exemption elimination instead of a broad On April 18, Gov. Mary Fallin signed until well into April, then the idea caught tax. In the end the hugely controversial HB2298 eliminating the zero emission like wildfire. With multiple admissions 51 vote measure would change the one percent incentive rate on vertical wells tax credit.1 This bill went through the from republican leadership that all drilled between 2011 and 2015 to four legislative process relatively smoothly. It options were on the negotiation table, percent. It does not affect any future was amended only a few times from its activist groups and the Democratic Party wells.3 introduction and voting remained fairly increased calls for four to seven percent Even striking this agreement required stable and along party lines. There was gross production rates. Then began a making a deal with the oil and gas debate on the House floor with Democrats murky confusing game of moving the industry. Production will by all accounts goal posts. While we may never know saying the state was going back going increase moving forward because of exactly what happened at the negotiation back on its deal with the wind industry another late arriving oil and gas bill: long table, we know that multiple ideas were and floor leader Jon Echols’ saying this laterals.4 This piece of legislation allows bill should have wide universal support brought out, discussed and ultimately abandoned when each party wanted 3 HB 2429, 56th Leg. (2017) (Enacted) 1 HB 2298, 56th Leg. (2017) (Enacted) 4 SB 867, 56th Leg. (2017) (Enacted) 2 Oklahoma House Floor, March 9, 2017.” Journal Record Legislative Report 9 Mar. 17 Oklahoma Policy Review • Volume 2 Energy • 9 drilling bore wells in any rock layer and For wind only Texas and Iowa seven percent is average for Oklahoma’s changes spacing requirements. This produce more than Oklahoma. 7 These peer group but with all the incentives and ultimately opens up most of the state to states all generate wind energy revenue exemption’s applied, Oklahoma’s tax rate laterally drilled wells. The bill was so through corporate taxes , land use taxes for oil and gas is the lowest regionally quickly written, introduced and voted and since wind energy creates jobs—at and among other similar gas producing on that many members, the public and a faster rate than any other industry— states.11 industry did not completely understand sales tax revenue. Wind turbine service The discrepancy between the way what was in the measure. Proponents technician’s jobs are growing at a rate Oklahoma treats its two major energy countered that the policy issue was the of 108 percent, this is more than twice producing industries would be easily result of years of work and industry input. the rate of any other job.8 Wyoming explained by traditional conservative and They also argued that the opposition was is currently the only state that directly liberal ideals were it not for this session a tiny minority of producers in the state taxes wind energy production.9 In debate essentially treating them the same. The who refused to cooperate. With SB867 on the House floor, leader Echols said old party lines can still be seen in the introduced and pushed through JCAB they could not rule out the possibility voting and debate on these policy and there could be no amendments and the of a future gross production tax on tax decisions, but the effect is changing. discussion and debate was limited.5 The Oklahoma’s wind energy.10 Adding a With the public still outraged at the way wind energy production enhancement gross production tax on wind energy the budget was handled the last few bill on the other hand, faced votes in an would automatically put Oklahoma at the weeks of session, both parties fuming energy and rules committee, and passed top of a short list for how much revenue over the breakdown in negotiations over overwhelmingly in both chambers with is created by taxing this industry. Oil and GPT rates, and the oil, gas and wind very little discussion or debate. This Gas gross production, on the other hand, energy lobbyists being some of the most bill, SB593, eliminates prior notice consistently has Oklahoma at the bottom prevalent at the capitol this fight is sure to requirements to build windfarms and of the charts. The actual GPT rate of continue. If the mirroring trend continues eliminates distance requirements between Oklahoma may in fact diversify its 6 units and private air fields. In the same 7 “State Fact Sheets.” AWEA - American Wind economy but only in so much as adding vein of the long laterals bill both measures Energy Association. a separate section of the energy market to expand the allowable locations for wells 8 “Fastest Growing Occupations : Occupational its top revenue contributors. Outlook Handbook:.” U.S. Bureau of Labor or windmills and therefore entice increase Statistics. U.S. Bureau of Labor Statistics, 17 production for these two industries. Dec. 2015. 9 Cummins, Eleanor. “Wyoming Is Basically Trying to Outlaw Clean Energy.” Popular Science, 16 Jan. 2017. 5 Id 10 Oklahoma House Floor, March 9, 11 2016 Oil and Gas Taxation Comparison. Idaho 6 SB 593, 56th Leg. (2017) (Enacted) 2017.” Journal Record Legislative Report 9 Mar. 17 Department of Lands, 21 Jan. 2017.

10 • Energy 2017 Oklahoma Policy Review Judiciary

Total Bills: 32 Signed: 30 Vetoed: 2

AVERAGE ANNUAL SALARY OF OKLAHOMA 26 STATE JUDICIAL DISTRICTS LAWYERS

$63,350 1 11 25th 8 10 Percentile 12 4 14 10th 15 50th 9 24 Percentile 2 Percentile 26 7 23 75th 6 $45,390 Percentile 22 18 16 $94,890 21 3 25 17 5 20 $150,010 19

GROWTH IN MEDIAN SALARY 2012: $81,060 2015: $91,510 THE NUMBER OF WOMEN INCARCERATED IN OKLAHOMA IN 2016 2013: $82,420 2016: $94,890 INCREASED BY 9.5 PERCENT. 2014: $88,130 The female incarceration rate in 2015 was 151 per 100,000. This is more MEDIAN SALARY BY LOCATION than twice the national average of 64 per 100,000 and significantly TULSA: $124,200 higher than the second highest rate of 115 per 100,000 in Kentucky. OKLAHOMA CITY: $88,250 LAWTON: $65,820 GEOGRAPHIC BOUNDARIES LAWYERS IN OKLAHOMA: 13,431 (34.2 LAWYERS PER 10,000 RESI- DENTS) (20TH OVERALL) OKLAHOMA IS PART OF THE 10TH FEDERAL APPELLATE COURT WITH KANSAS, COLORADO, NEW MEXICO, UTAH AND WYOMING 3 FEDERAL JUDICIAL DISTRICTS 1 9 8 2 7 3 10 6 4 11 5

Western District Southern District Northern District

Oklahoma Policy Review • Volume 2 Judiciary • 11 The Political and Financial Cost of Criminal Justice Reform

By: Jessica James country’s six years.8 Early release may be out of reach as truth in sentencing laws As Oklahoma acknowledges its require some convicts to complete 85 incarceration crisis and considers percent of their sentence. meaningful criminal justice reform, one To explore ways in which Oklahoma of the state’s long held distinctions—the can reduce its prison population and highest rate of female incarceration in spending on incarceration, Governor the nation—has come under tougher Fallin commissioned the Oklahoma scrutiny. During the 2017 State of Justice Reform Task Force in 2016. The the State, Governor Fallin noted that task force reported that without reform, Oklahoma women are not “meaner” the female prison population is projected and there is no reason they should be to grow by 60 percent in the next decade, incarcerated at a higher rate than in the Female offenders typically follow one of accounting for 25 percent of the total rest of the country.1 The increasing cost three paths to prison. Either they come growth in the prison population.16 The of incarceration during a time of fiscal from an impoverished background, have influx of male and female prisoners will stress creates an unsustainable drain. been in relationships with criminals or ultimately cost $1.9 billion and require In this way the state’s budget crisis has suffer from a long history of abuse, and the construction of three new prisons. made criminal justice reform necessary. all of these can lead to involvement with To avoid this, the task force provided 27 Despite the dire consequences for drugs.5 The risk to public safety posed by policy recommendations. failure to address the situation and an these women is questionable. Nearly 80 Many of the proposals call for reducing involved top down approach to address percent are non-violent offenders, and the number of individuals incarcerated the situation little forward momentum most are involved in the justice system for nonviolent drug crimes. These was gained in the first half of the 56th for drug-related crimes.6 include adjusting penalties for certain biennium. Oklahoma’s harsh drug laws and drug crimes, reserving 85 percent crimes The female incarceration rate in 2015 tough-on-crime sentencing guidelines for violent offenses, and creating tiered was 151 per 100,000. This is more than are often cited as the causes of its high sentencing for trafficking to focus long twice the national average of 64 per 9 incarceration rates. This is due in part sentences on high volume traffickers. 100,000 and significantly higher than the The task force also recommended to the broad definition of trafficking. second highest rate of 115 per 100,000 expanding alternatives to incarceration, Possession of five grams of a substance in Kentucky.2 Despite reforms initiated, such as parole and probation, both by with a cocaine base, ten grams of heroin, such as SQ780 and 781, this problem expanding eligibility and making the or 20 grams of methamphetamine could has persisted. The number of women requirements less strict. They found that result in a trafficking conviction, which incarcerated in Oklahoma in 2016 “more than half of probation revocations imposes a term of imprisonment at least increased by 9.5 percent.3 The state has and 37 percent of parole revocations twice that of other drug convictions.7 not been able to construct new prisons, were for technical violations” and These quantities are smaller than in and as a result, they are overfilled: they recommended modifying penalties.10 other states while the sentences are are currently at 109 percent capacity.4 This would be especially helpful for longer: the mean sentence for trafficking

1 Fallin, Mary. “State of the State.” State in Oklahoma is 10.3 years versus the 8 Law, V. (2015, September 29). Why Are So Capitol, Oklahoma City. 1 Feb. 2016. Speech Many Women Behind Bars in Oklahoma? 2 The Sentencing Project. (2016). Trends in U.S. Retrieved May 26, 2017 Corrections - Sentencing Project. 5 Knittle, A. (2013, October 09). Oklahoma’s 9 Oklahoma Justice Reform Task Force. (2017, 3 Adcock, C. (2016, September 19). More ‘mean’ laws to blame for high female February). Oklahoma Justice Reform Task Women Head to State Prisons. incarceration rate, sociologist says. Force Final Report. 4 Oklahoma Justice Reform Task Force. (2017, 6 Alternatives to Incarceration. (2017). 10 Id. February). Oklahoma Justice Reform Task 7 Trafficking in Illegal Drugs Act, 63 O.S. § Force Final Report. 2-415. 2017.

12 • Judiciary 2017 cycle is overwhelming in Oklahoma where 85 percent of female prisoners are mothers.17 The lost productivity and human capital that comes with incarceration compounds the cost as funds that could be spent on public services like education, rehabilitative treatment and poverty reduction programs are instead diverted to prison overhead. As an example, while the Department of Corrections maintained its funding of $484.9 million, higher education received a cut of 15.9 percent to balance the budget for FY2017.18 For FY2018 the department of Corrections received a .23 percent women, because they often have whole can only compound. The prisoners increase in their appropriated funds, difficulty with technical violations due to themselves suffer from overcrowded meanwhile their population is rising. the issue of finding childcare.11 conditions and the associated dangers. The high cost of mass incarceration The task force proposals made their As prison resources, including security, combined with repeated budget crises way into several pieces of legislation are stretched thin, inmates are more has been the impetus for criminal presented this session, including SB649 vulnerable to abuse. An investigation of justice reform in Oklahoma in the past and SB689. SB649 reduced sentences for the Mabel Basset prison facility in 2012 few years. The fiscally conservative nonviolent repeat offenders, and SB689 revealed abuse occurring at twice the case for reform is that incarceration expanded eligibility for alternatives to national average with 15.3 percent of has yielded a poor return on taxpayer incarceration and reduced financial inmates reporting sexual abuse or rape, dollars that would be better spent on barriers to reentry, among other things. the highest rate in the nation.13 This non-carceral punishments with lower Many of the bills containing the most only adds to the trauma that many have recidivism rates, such as drug courts or significant reforms never made it to the experienced on their paths to prison; alternative sentencing programs. For floor. Four of the bills: SB649, SB689, over 60 percent have been victims of low-level drug offenders, rehabilitation SB650 and SB786 survived the full childhood physical or sexual abuse and monitoring often make more sense legislative process only to be stalled in and 90 percent have been exposed to than imprisonment from a financial the final weeks of session. They remain domestic violence.14 perspective. As former Speaker Kris dormant in Representative Scott Biggs’ The effect on the families of the women Steele noted, the cost to imprison a Conference Committee on Judiciary is just as devastating. Many female woman for one day is approximately – Criminal Justice and Corrections. prisoners are mothers. Incarcerating equal to keeping her on parole or 19 Biggs claimed that there was no funding a mother increases the child’s risk of probation for 13 days. available to implement the reforms and abuse because the child is more likely to If Oklahoma is too cash-strapped for that an unfunded mandate would be be placed in an unsuitable home.15 This criminal justice reforms that will reduce another burden on the Department of abuse further contributes to the well- expenditures, it is uncertain how it will Corrections.12 Despite a personal plea established phenomenon of generational be able to bear the long-term costs of an from the governor and several members incarceration, where children with increasing prison population. The bills of the House of Representatives, mothers who have been incarcerated are that failed this session represent a missed Representative Biggs refused to release more likely to themselves be involved opportunity to address the unsustainably the measures from his committee and in the criminal justice system.16 This high rate of incarceration that continues the bills were not reassigned. Biggs to exact unbearable financial, social, and announced an interim study on the issue human costs. will be held at some point this summer. 13 Lee Brewer, G. (2014, January 12). Female prison in Oklahoma has highest rape rate in Without action, consequences for U.S. prisoners, their families, and society as 14 Alternatives to Incarceration. (2017). 17 OK Policy. (2016, June 07). FY 2017 Budget 15 Sharp, Susan F., and Susan T. Marcus- Highlights. Retrieved May 19, 2017, Mendoza. “It’s a Family Affair.” Women & 18 Oklahoma’s Incarceration Rates, Tulsa World, 11 Glazer, S. (2017, March). Women in Prison Criminal Justice 12.4 (2001): 21-49. Julie Delcour, December 30, 2008. 12 Oklahoma Gov. Fallin criticizes Biggs for 16 Knittle, A. (2013, October 09). Oklahoma’s 19 Siegel, J. (2016, October 05). How Oklahoma holding up justice reform bills. (2017, May 25). ‘mean’ laws to blame for high female Stops Moms From Going to Prison. Retrieved Retrieved May 26, 2017 incarceration rate, sociologist says. March 23, 2017

Oklahoma Policy Review • Volume 2 Judiciary • 13 14 • Judiciary 2017 Oklahoma Policy Review Tribal Affairs

Total Bills: 2 Signed: 2 Vetoed: 0 Resolutions: HCR1004

NATIVE AMERICAN TRIBAL AGENCY POLICE FORCES POPULATION BY STATE ABSENTEE SHAWNEE POLICE DEPARTMENT MUSCOGEE (CREEK) LIGHTHORSE POLICE CADDO NATION POLICE DEPARTMENT DEPARTMENT New CHEROKEE NATION MARSHAL SERVICE OSAGE NATION POLICE DEPARTMENT Mexico CHICKASAW LIGHTHORSE POLICE OTOE-MISSOURIA POLICE DEPARTMENT 10.7% Alaska 19.5% DEPARTMENT[1] PAWNEE NATION POLICE DEPARTMENT Oklahoma CHOCTAW NATION LAW ENFORCEMENT PONCA TRIBAL POLICE DEPARTMENT 12.9% CITIZEN POTAWATOMI PRAIRIE BAND NATION POLICE POTAWATOMI POLICE DEPARTMENT DEPARTMENT COMANCHE NATION POLICE QUAPAW TRIBAL MARSHAL STATE OF SEQUOYAH DEPARTMENT SERVICE EASTERN SHAWNEE SAC & FOX NATION WAS THE FIRST TRIBAL POLICE DEPARTMENT POLICE DEPARTMENT VERSION OF IOWA TRIBAL POLICE DEPARTMENT SANTA ANA TRIBAL POLICE DEPARTMENT KAW NATION POLICE DEPARTMENT SEMINOLE NATION LIGHT HORSE MEN OKLAHOMA KICKAPOO TRIBAL POLICE DEPARTMENT TONKAWA TRIBAL POLICE DEPARTMENT PROPOSED TO BE MIAMI NATION TRIBE OF OKLAHOMA POLICE WYANDOTTE NATION POLICE DEPARTMENT ESTABLISHED IN 1905 DEPARTMENT

FEDERALLY RECOGNIZED TRIBES OF OKLAHOMA

1. Absentee-Shawnee Tribe of Indians of Oklahoma 12. Delaware Tribe of Indians, Oklahoma 25. Otoe-Missouria Tribe of Indians, Oklahoma 2. Alabama-Quassarte Tribal Town, Oklahoma (formerly the Cherokee Delaware) 26. Pawnee Nation of Oklahoma 3. Apache Tribe of Oklahoma (formerly the Eastern Delaware) 27. Peoria Tribe of Indians of Oklahoma 4. Caddo Nation of Oklahoma 13. Eastern Shawnee Tribe of Oklahoma 28. Ponca Tribe of Indians of Oklahoma (formerly the Caddo Indian Tribe of Oklahoma) 14. Fort Sill Apache Tribe of Oklahoma 29. Quapaw Tribe of Indians, Oklahoma 5. Cherokee Nation, Oklahoma 15. Iowa Tribe of Oklahoma 30. Sac & Fox Nation, Oklahoma 6. Cheyenne and Arapaho Tribes, Oklahoma 16. Kaw Nation, Oklahoma 31. Seminole Nation of Oklahoma (formerly the Cheyenne-Arapaho Tribes of Oklahoma) 17. Kialegee Tribal Town, Oklahoma 32. Seneca-Cayuga Tribe of Oklahoma 7. Chickasaw Nation, Oklahoma 18. Kickapoo Tribe of Oklahoma 33. Shawnee Tribe, Oklahoma 8. Choctaw Nation of Oklahoma 19. Kiowa Indian Tribe of Oklahoma 34. Thlopthlocco Tribal Town, Oklahoma 9. Citizen Potawatomi Nation, Oklahoma 20. Miami Tribe of Oklahoma 35. Tonkawa Tribe of Indians of Oklahoma 10. Comanche Nation, Oklahoma 21. Modoc Tribe of Oklahoma 36. United Keetoowah Band of Cherokee Indians in Oklahoma (formerly the Comanche Indian Tribe) 22. Muscogee (Creek) Nation, Oklahoma 37. Wichita and Affiliated Tribes (Wichita, Keechi, Waco & 11. Delaware Nation, Oklahoma 23. Osage Tribe, Oklahoma Tawakonie), Oklahoma (formerly the Delaware Tribe of Western Oklahoma) 24. Ottawa Tribe of Oklahoma 38. Wyandotte Nation, Oklahoma

Oklahoma Policy Review • Volume 2 Tribal Affairs • 15 Anti-Protest Legislation: The Conflict Between Energy, Environment and Cultural Interests

By Brett Sebastian necessary to continue construction.1 The protests in 16 states… [represents] a inauguration of President Donald Trump worrying trend that could result in a On February 28 debate regarding House however, saw the reversal of the Obama detrimental impact on the rights to free Bill 1123 broke out on the floor of the decision and construction was ordered of peaceful assembly and freedom of Oklahoma House of Representatives. The advanced.2 Officials closed the camp in expression in the country.”5 While many bill created new penalties for trespassing late February and oil began flowing in of these bills deal with the larger trend of on critical infrastructure facilities. It also the completed pipeline this summer. The protests in general, two bills have their represented Oklahoma’s version of a scene in North Dakota led to 300 injuries, basis in the DAPL protests. Senate Bill larger national trend. The origin of the over 480 arrests, considerable domestic 176 in South Dakota caps the number bill played out hundreds of miles to the and international outcry and sparked of people allowed to gather on certain north on the plains of North Dakota. The debate about indigenous rights and public lands at 20 at the request of the polarizing Dakota Access Pipeline (DAPL) environmental concerns. Governor or county sheriff.6 The other situation inspired legislation and response Since the scattering of protesters in was Oklahoma House Bill 1123. across the country. February and the completion of the House Bill 1123, by Representative Throughout 2016, the Standing Rock pipeline project, the issue in North Dakota Scott Biggs, pertains to the crime of Indian Reservation in southern North has reduced to a simmer. Legal battles trespassing on property containing a Dakota gained international focus as continue to play out and meanwhile, oil critical infrastructure facility without protesters clashed with security forces is flowing and minor leaks have already permission.7 The law creates a over construction of an oil pipeline. been reported.3 States have taken notice misdemeanor punishable by up to six The battle was over the Dakota Access of the potential for similar protests. months imprisonment and a fine not less Pipeline (DAPL), the proposed pipeline During the spring legislative sessions, 18 than $1,000. If the intent of the trespasser to be built by Energy Transfer Partners’ states proposed legislation that would is to damage equipment or inhibit and run from the Bakken oil fields of make protests more difficult, create operations of the facility the crime rises western North Dakota to southern harsher penalties for those arrests and in to a felony punishable by up to one year Illinois. This pipeline would run under two states removed liability from drivers imprisonment and a fine not less than many watersheds including Lake Oahe, who accidentally injure protests blocking $10,000. If the trespasser willfully damages a dammed section of the Missouri River the road.4 These bills led to a March 27 equipment in such a facility, that crime is that runs roughly from the South Dakotan issuance of a special rapporteur from the also a felony punishable by up to ten years capital of Pierre to the North Dakotan UN Office of the High Commissioner imprisonment and a fine of $100,000. capital of Bismarck. Lake Oahe also forms on Human Rights that states “a number Organizations found to be a conspirator the eastern boundary of both the Standing of proposed bills criminalizing peaceful with persons who have committed any Rock Reservation and the Cheyenne of the trespass crimes in the bill can be River Reservation. The pipeline’s route punished with a fine that is ten times the and construction led many in the area to 1 Maher, Kris, and Will Connors. “Dakota amount authorized by the level of charge believe it constituted a threat to regional Pipeline Project Halted as Obama the trespasser committed. Critical facilities water supplies and ancient burial grounds. Administration Denies Permit for Last Leg.” The Wall Street Journal. Dow Jones & Company, In April of 2016, a camp grew amongst 05 Dec. 2016. Web. 12 June 2017. the construction to halt its progress. 2 Davenport, Peter Baker and Coral. “Trump 5 Balbin, Beatriz. Mandates of the Special Environmental impact statements and Revives Keystone Pipeline Rejected by Rapporteur on the Promotion and Protection of the lawsuits played out through the summer Obama.” The New York Times. The New York Right to the Freedom of Opinion and Expression, and Times, 24 Jan. 2017. Web. 12 June 2017. the Special Rapporteur on the Rights of Freedom to culminating in clashes between protesters 3 Nicholson, Blake. “Dakota Access pipeline Peaceful Assembly and of Association. Rep. no. OL and security forces in September and leaks 84 gallons of crude oil before becoming USA 3/2017. Geneva, Switzerland: United October. The protests persisted into fully operational.” The Independent. Independent Nations Office of the High Commissioner on Digital News and Media, 11 May 2017. Web. Human Rights, March 27, 2017. Print. the winter months before President 12 June 2017. 6 S.B. 176, 92nd S.D. Leg.. (2017) (enacted). Barack Obama denied the easement 4 Tran, Linh. “Numerous states considering Print. anti-protest bills.” CNN. Cable News Network, 7 H.B. 1123, 56th Okla. Leg. (2017) (enacted). 25 Apr. 2017. Web. 12 June 2017. Print.

16 • Tribal Affairs 2017 are listed and include pipelines and certain energy transportation structures. The bill was signed into law by Governor Fallin on May 3. House Bill 1123 drew immediate scrutiny as a direct reaction to the DAPL protests. It was among the 16 specifically mentioned bills in the UN Special Rapporteur which stated: “We are concerned this bill would target peaceful protests in certain contexts, such as protests which focus on environmental rights, imposing disproportionate penalties on protesters. We are even more concerned that the bill was prompted by the Dakota Access Pipeline protests in 8 North Dakota.” Representative Todd than $1,000 in damages if the intent to criticized the level of involvement the Russ objected to the section of the bill intimidate or influence governmental tribe had in the planning process of the that made intent a felony and said that activities were established.14 Efforts such pipeline and the attempts to break up any damage could already lead to charges as those in Oklahoma House Bill 1123 protests.18 The issue was initially sparked 9 of vandalism. Democratic lawmakers or Arizona Senate Bill 1142 (which adds by the Army Corps of Engineers’ decision scrutinized the conspiracy language which rioting to the list of RICO offenses and to move the pipeline’s river crossing from they viewed as too broad and could make allows a prosecutor to seize the assets of north of Bismarck, south to the border almost anyone connected to a protest someone who plans a protest that becomes with the Standing Rock Reservation due 10 subject to massive fines. Biggs defended a riot) could hold organizers financially to concerns about leaks contaminating the his bill stating it was not intended to responsible in certain situations.15 capital’s water supply.19 The underlying discourage lawful protests but rather it To some, the DAPL protests were an issue of race is also present. Leaked was a preventative measure that was environmental protest about clean water documents from TigerSwan, the security 11 necessary due to activities elsewhere. and historical artifacts. A July 2016 firm hired by Energy Transfer Partners to While fears of a close to home DAPL complaint filed in the D.C. Circuit Court counter the protests, show that the firm situation likely led to the bill’s creation, alleged that the Army Corps of Engineers viewed the protesters in the same light as other factors were surely in play in its abdicated statutory responsibility to not Islamic terrorists. The documents referred construction. House Bill 1123 is part of a harm historically and culturally significant to the protesters as “an ideologically larger national trend that seeks to crack sites and violated the Clean Water driven insurgency with a strong religious down on certain forms of protesting. Act and the National Environmental component”, repeatedly compared Arkansas Senate Bill 550 creates the Policy Act.16 In another way, the DAPL them to jihadists and outlined how 12 offense of unlawful mass picketing. protests were a unique affair in the long counterterrorism strategies were used to Ten bills were filed directly pertaining running antagonistic history of the U.S. oppose their efforts.20 to protests blocking of roadways. One Government and Native American Critics dismiss these claims. In an bill, Georgia Senate Bill 160 has been tribes. Standing Rock Chairman Dave interview on PBS Newshour, Energy 13 signed into law. North Carolina House Archambault II addressed the UN Human Transfer Partners’ CEO Kelcy Warren Bill 249 would create the a new Class H Rights Council saying “the oil companies rebutted a number of the protesters’ felony for “economic terrorism” if the and the government of the United States person commits a crime that impedes have failed to respect our sovereign the course of business and results in more 17 NBCUniversal News Group, 20 Sept. 2016. rights.” Human rights advocates Web. 12 June 2017. 18 “UN Experts to United States: Stop DAPL 8 Balbin, 2017. 14 H.B. 249, 2017 N.C. Gen. Assemb. (2017) Now.” Common Dreams. N.p., 25 Sept. 2016. 9 Krehbiel, Staff Writer Randy. “House passes (enacted). Print. Web. 12 June 2017. ‘critical infrastructure’ protection bill.” Tulsa 15 S.B. 1142, 53rd Ariz. Leg. (2017) (enacted). 19 Service, Amy DalrympleForum News. World. N.p., 01 Mar. 2017. Web. 12 June 2017. Print. “Pipeline route plan first called for crossing 10 Id. 16 Standing Rock Sioux Tribe v. U.S. Army north of Bismarck.” Bismarck Tribune. N.p., 18 11 Id. Corps of Engineers. U.S. Dist. Ct. for the Dist. Aug. 2016. Web. 12 June 2017. 12 S.B. 550, 91st Ark. Leg. (2017) (enacted). of Columbia. 27 July 2016. Print. 20 Theintercept. “Leaked Documents Reveal Print. 17 Medina, Daniel A. “Standing Rock Counterterrorism Tactics Used at Standing 13 S.B. 160, 154th Geo. Leg. (2017) (enacted). Sioux Takes Pipeline Fight to UN Human Rock to.” The Intercept. N.p., 27 May 2017. Print. Rights Council in Geneva.” NBCNews.com. Web. 12 June 2017.

Oklahoma Policy Review • Volume 2 Tribal Affairs • 17 arguments. He cited that pipeline was built and little the pipeline was being built media attention was given. on private land, not Native If Iowans, who historically American land.21 He cited the do not have an antagonistic safety features built into the relationship with the federal pipe itself such as automated government, did not see vales and extra thick steel.22 their concerns addressed He cited that contamination then surely the only recourse to the tribe’s water supply Natives Americans would was impossible since the have is in protesting. Standing Rock are located 70 Yet the national trend is miles downstream.23 Warren drifting towards making any mentioned that the decision meaningful form of protest to move the pipeline route impossible. from north of Bismarck to its UN special Rapporteur “a number of proposed bills criminalizing peaceful It should be no surprise current location came at the protests in 16 states… [represents] a worrying trend that could that the experiences in behest of the Army Corps of North Dakota and Iowa Engineers and the Standing result in a detrimental impact on the rights to free of peaceful assembly and were watched closely in Rock refused to participate freedom of expression in the country” Oklahoma where powerful 24 in consultations. To prevent perspective. The pipeline was not just energy, agriculture disruption to archaeological sites, the path a major issue in North Dakota, but also and tribal interests all intersect. This of the pipeline was modified 140 times in in Iowa which it crosses on its way to observation inspired House Bill 1123 and 25 just North Dakota. In response to the Illinois. Iowans opposed use of eminent could dictate how the state handles future Standing Rock’s complaint, U.S. District domain and had environmental concerns legislation or scenarios where protests and Court judge James Boasberg wrote a about the project. An Iowa poll found that infrastructure intersect. Closer to home, a 58-page opinion that the Army Corps of while a majority of Iowans supported the planned pipeline, known as the Diamond Engineers made dozens of attempts to pipeline’s construction, 74 percent were Pipeline, that would stretch from Cushing consult with the tribe as early as the fall of opposed to the use of eminent domain.28 to Memphis has been the subject of 2014 but the tribe did not actively engage Farmers raised concerns about the spread much scrutiny. Ponca Nation and Bold 26 until January of 2016. Even then he cited of invasive plant species, leaks into the Oklahoma said in January that there that the Corp did move the path of the soil and damage to drain tiles. Governor will be an encampment protest similar to pipeline away from a burial site as a result Terry Branstad was criticized for urging North Dakota to block the project, but no 27 30 of one of the meetings. the Iowa Legislature to stay out of the encampment has yet been set up. Cushing From the perspective of the tribes the issue. Iowa Citizens for Community in its own right is a major pipeline hub for issue is moot. If one believes the arguments Improvement (ICCI) called the risks of the the entire U.S. network. It is easy to see of the Standing Rock then attempts to project “huge, especially when weighed how any project in Oklahoma could spiral work with the Corps, seek legal recourse against the minimal benefits the pipeline into a quagmire similar to what happened in the courts, and call on Executive will bring to the state.”29 ICCI claimed in North Dakota. Measures like House intervention all failed. The only recourse that under the Iowa Code, environmental Bill 1123 are clearly efforts to protect was to protest and make the DAPL into impact statements were not necessary infrastructure projects and centers like the a national public relations issue. To an and the surety bond of $250,000 put up Diamond Pipeline or Cushing. However, extent, the Standing Rock are correct if for protection was far too low. ICCI cited these measures are also reactions to efforts one looks at the DAPL issue from another that Alaska, home to the Trans-Alaska by organized groups to have their voice Pipeline, requires a $1 billion surety bond heard when considerable evidence shows 21 “CEO behind Dakota Access to protesters: indexed to inflation. With no pipeline that proper channels will be dismissed and ‘We’re building the pipeline’” PBS. Public often times those movements are treated Broadcasting Service, n.d. Web. 12 June 2017. terminus in Iowa, it is easy to question 22 Id. the risk versus the reward of the project like enemies to be defeated. 23 Id. to Iowans. Despite their concerns, the 24 Id. 25 Eakin, Britain. “Pipeline Will Proceed Despite Tribal Protests.” CNS - Pipeline Will Proceed 28 Petroski, William. “Iowa Poll: Iowans back Despite Tribal Protests. Courthouse News Service, energy projects, but oppose eminent domain.” 9 Sept. 2016. Web. 12 June 2017. Des Moines Register. N.p., 02 Mar. 2015. Web. 12 26 Standing Rock Sioux Tribe v. U.S. Army June 2017. Corps of Engineers. U.S. Dist. Ct. for the Dist. 29 Malachowski, Nathan. “Branstad bullying 30 “Pipeline protest similar North Dakota of Columbia. 9 Sept. 2016. Print. Legislature over pipeline.” Des Moines Register. promised in Oklahoma.” KFOR.com. N.p., 31 27 Id. N.p., 17 Jan. 2015. Web. 12 June 2017. Jan. 2017. Web. 12 June 2017.

18 • Tribal Affairs 2017 Oklahoma Policy Review Regulatory Affairs

Total Bills: 119 Signed: 112 Vetoed: 7 Resolutions: HCR1005, HCR1008, HCR1007

TOTAL FEDERAL NUMBER OF OKLAHOMA AGENCIES BASED EMPLOYMENT 48,100 ON AREAS OF FOCUS Judicial Agencies

Military: 2 STATE EMPLOYEE FTE Science & Technology: 9 Judicial Agencies: 3 Legislative Agencies Legislative Agencies: 3 Transportation: 9 Secretary of State: 5 Veterans A airs Safety & Security: 26 Commerce: 25 COUNT 35,504 Energy: 19 Tourism: 17 FEDERAL CIVILIAN EMPLOYMENT: Veterans Affairs: 2 Transportation (TOTALS EXCLUDE SOME AGENCIES) Safety & Technology

Administrative: 57 Military Human Services: 30 Administrative Environment: 28 Agriculture: 20 Human Services

Education: 43 Health

Finance & Revenue Health: 62 Finance & Revenue: 49 Total Federal Civilians: 38,220 Environment

Cabinet Agencies: 37,550 Energy 37,550 38,200 Independent Agencies: 667 667 Education

• Cato institute ranks Oklahoma as the • 538’s corruption rating • Oklahoma is one of only 21 states Tourism Oklahoma is #12 overall just under #2 state in their freedom ranking that with no broad laws legalizing marijuana New York takes federal and state regulations into (although medical marijuana is set to Commerce account. be on the next ballot) • 24th in gov employees per capita Agriculture • Oklahoma is 17th overall in • Oklahoma is well on its way out of the • 18.7% Effective at passing ranking of least burdensome small bottom rankings for alcohol regulations Secretary of State legislation on average. business regulations Oklahoma has 48,100 federal • Cigarette tax/fee will put Oklahoma employees among the most expensive and $.84 above the national average Oklahoma Policy Review • Volume 2 Regulatory Affairs • 19 The Benefits and Criticisms of Family Leave Mandates

By Walker Stevens The issue of paid family leave has always been one of significance and as of recently, at both the state and national levels, support for such policies has been steadily gaining momentum. While the federal government has gone part way and mandated a limited unpaid parental leave, a remarkable amount of states have taken it upon themselves to install their own policies, both paid and unpaid. Like many other current political issues, there is deep partisan divide on the subject. An argument can be made that such policies would benefit both families and society. Advocates against such policies view 8 them as economically harmful to the Even the White House has joined in leave . In addition women might be seen freedom of business. There have been support of the policy. The Trump as more expensive to employ than their 9 attempts to introduce paid family leave Administration included a plan for a male counterparts . President Trump’s policies into Oklahoma but the status federal mandate of six weeks of paid support is quite a significant break away quo remains. family leave for parents after birth or from traditional conservative (George 5 Rhode Island, California and New adoption in the 2018 federal budget. H.W. Bush vetoed the FMLA twice Jersey are the only states which offer This plan would be paid primarily by before it was signed by Bill Clinton) paid family leave.1 New York and the state unemployment insurance and is thought that such leave should be a District of Columbia have approved estimated to cost $25 billion over ten voluntary decision by businesses10. It is measures that will take effect in 2018.2 years to benefit roughly 1.3 million also important to consider the economic Internationally, the United States is the people.6 burden that mandates can have on small only developed country in the world The policy of family leave is fraught businesses, which cannot as easily afford lacking paid parental leave policies.3 with criticism. Opponents to the original costly benefits as large companies. This Currently, the only policy of its kind that passage of the FMLA and subsequent is one of the reasons the existing FMLA exists at the Federal level is the FMLA, family leave efforts rallied behind provisions only apply to businesses with the Family & Medical Leave Act, which freedom for the private sector and the 50 or more employees. Even states with “provides employees throughout the concept that any provided leave should broader FMLA provisions that the federal United States with up to 12 weeks of be voluntary. They opposed additional mandate retain a minimum employee unpaid, job-protected leave per year.”4 costs and regulations7. The argument threshold to protect small business. was also made that the FMLA would Vermont features the lowest employee 1 Paquette, Danielle, and Damian Paletta. increase gender inequality in the threshold in the nation mandating “U.S. could get first paid family leave workplace since employers would be parental leave for any business with 10 or benefit under Trump budget proposal.” The Washington Post. WP Company, 18 hesitant to hire women assuming they more employees (15 or more employees 11 May 2017. Web. 02 June 2017. would be more likely to take family for family and medical leave) . 2 Id. 3 Livingston, Gretchen. “Among 41 5 (Paquette & Paletta 2017) 8 Id. at 471 nations, U.S. is the outlier when it comes 6 Id. 9 Murphy, Robert P. “Paid Family Leave” to paid parental leave.” Pew Research 7 Anthony, Deborah J. “The Hidden Is a Great Way to Hurt Women | Center. N.p., 26 Sept. 2016. Web. 24 May Harms of the Family and Medical Leave Robert P. Murphy.” FEE. Foundation for 2017. Act: Gender-Neutral Versus Gender- Economic Education, 02 June 2015. Web. 4 “FMLA (Family & Medical Equal.” American University Journal of 25 May 2017. Leave).” United States Department of Labor. Gender, Social Policy & the Law. 16, no. 10 Anthony at 472 N.p., 06 May 2016. Web. 19 Apr. 2017. 4 (2008): 459-501. 11 23 VSA § 471(3)

20 • Regulatory Affairs 2017 While critics of is difficult to determine if these family leave base their programs hamper or help arguments on the impact economic growth as the United to business, proponents States and Papua New Guinea base their arguments are the only two countries with “THE UNITED STATES IS THE ONLY DEVELOPED COUNTRY IN THE on positive familial unpaid maternity leave making impact and long term WORLD LACKING PAID PARENTAL LEAVE POLICIES.” international comparisons economic gains for difficult. society. A number of Closer to home, Oklahoma’s studies demonstrate that leave provisions are provided time spent with a baby by the FMLA. Last year, the and their parent leads to Oklahoma received an ‘F’ proven to have a direct impact on the healthy gains for all parties. For mothers, grade for its family leave policies.21 health and development of infants. While spending more time on leave with their This legislative session, however, State Oklahoma has one of the highest infant newborns reduces the chance that they Senator David Holt introduced SB 549, mortality rates in the country at 7.3 will suffer from postpartum depression.12 which would extend the amount of time deaths per every 1,000 births, it has been In Oklahoma, women experience allowed for unpaid leave past the 12-week shown that maternity leave and infant postpartum depression at a rate of 15.4 Federal minimum for employees of the mortality have an inverse relationship.17 percent.13 For comparison, statistics show State. “Senate Bill 549 provides eight In other words, when maternity leave that postpartum depression rates range additional weeks of unpaid leave for is increased, the infant mortality rate from 11.7 percent in Maine to 20.4 people who are experiencing pregnancy decreases, and improving access to percent in New Mexico14. The benefits of or adoption,” said Holt. “For a total of leave would have a measurable, positive leave for fathers also significantly benefit 20 weeks off where your job would be impact on the number of children who the child. Research done at Columbia held for you.”22 While the bill would survive infanthood in Oklahoma. University has shown that fathers who not address the issue of paid leave, it is a Economically speaking, mothers, as take longer leaves to care for their step in the direction of the trend towards well as fathers, also benefit from being newborns are significantly more involved expanded family leave policies. The bill able to more easily keep their jobs, in caring for them after nine months.15 stalled in the House of Representatives which in turn helps employers keep their Studies have also noted that more and while it could be picked up in the employee turnover rates low and benefits time spent by fathers caring for their future, the state’s ‘F’ grade will stand. the economy by keeping parents in the newborns causes their brains to undergo “…We were disappointed how hard this labor force.18 Studies have shown business changes which make them more suitable was”, Holt said, regarding the stalling of impacts to be less than opponents claim. parents.16 Increasing the participation the bill as it was being moved through.23 Regarding employee turnover, surveys and effectiveness of fathers in parenting Despite international standards, family of low-income California employees will have a direct impact on the wellbeing leave policies have continued to steadily who used family leave insurance while of the children that are being raised. gain support and recognition across the on leave were more likely to return to Parental leave policies have also been United States. As more people begin to their employer, 82.7 percent,versus those see the benefits of allowing new parents without insurance, 73 percent.19 Of the to spend more time at home with their current systems, only in New Jersey do 12 “Longer Maternity Leave Lowers Risk of newborns, legislation is trending in that employers contribute to the insurance Postpartum Depression.” UMD Right Now. direction. Opponents will continue programs that provide for paid leave.20 It University of Maryland, 12 Dec. 2013. to stress freedom for employers and Web. 23 May 2017. employees, workforce flexibility and 13 Cullison, Courtney. “Extending family 17 Cullison, Courtney. “Extending family leave would boost economy, address leave would boost economy, address concerns for small business owners. For health rankings.” Enidnews.com. N.p., 18 health rankings.” Enidnews.com. N.p., 18 now, the future of SB 549 and other Apr. 2017. Web. 19 Apr. 2017. Apr. 2017. Web. 19 Apr. 2017. family leave efforts in Oklahoma remains 14 “CDC Releases Latest Statistics on PPD 18 Florentine, Sharon. “Lack of Parental murky. Today.” Postpartum Progress. N.p., 10 Leave Drives Employee Turnover.” CIO. Apr. 2008. Web. 02 June 2017. CIO, 29 Oct. 2014. Web. 23 May 2017. 15 “New Research Finds Most Fathers 19 Heather Boushey, Ann O’Leary, and Company, 11 May 2016. Web. 02 June Taking Paternity Leave .” Columbia News . Alexandra Mitukiewicz. “The Economic 2017. N.p., 15 June 2007. Web. 23 Apr. 2017. Benefits of Family and Medical Leave 21 Burkes, Paula. “Oklahoma gets ‘F’ grade 16 Thompson, Dennis. “Dad’s Brain Insurance.” Center for American for family leave policies.” NewsOK.com. Becomes More ‘Maternal’ When He’s Progress. N.p., n.d. Web. 02 June 2017. N.p., 17 Aug. 2016. Web. 15 Apr. 2017. Primary Caregiver: Study.” Consumer 20 Glynn, Sarah Jane. “Opinion | Stop 22 Holt, David. Personal Interview. 26 Apr. HealthDay. N.p., 27 May 2014. Web. 1 saying businesses can’t afford paid 2017. May 2017. family leave.” The Washington Post. WP 23 Id.

Oklahoma Policy Review • Volume 2 Regulatory Affairs • 21 Oklahoma Policy Review Public Safety

Total bills: 30 Signed: 29 Vetoed:1 Resolutions: SJR46

Oklahoma has 742 registered fire departments PUBLIC SAFETY DEPARTMENTS = Wildfires straddling Kansas Oklahoma Border destroyed MORE THAN JUST POLICE over 700,000 acres Oklahoma firefighting budget ~ $15 million State Agencies • 21 State law enforcement agencies • 4 sub agencies (Oklahoma Highway Patrol, Oklahoma Office of Homeland Security, Oklahoma State Park DISASTER DECLARATIONS Rangers, Anti-Fraud Unit)

05/26/2017 County Sheriffs Oklahoma 77 county sheriffs depts. Severe Storms, Tornadoes, and Flooding

02/10/2017 Municipal Agencies Oklahoma 328 municipal agencies Severe Winter Storm

07/15/2016 Public Schools Oklahoma Jenks Public Schools Police Department Severe Storms and Flooding Tulsa Public Schools Police Department

02/10/2016 College and University Agencies Oklahoma 29 university police agencies Severe Winter Storms and Flooding Tribal Agencies 12/29/2015 24 Tribal agencies Oklahoma Severe Winter Storms and Flooding VIOLENT CRIME STATS 05/26/2015 Oklahoma Severe Storms, Tornadoes, Straight-line Murder Rape Robbery Aggravated Total Winds, and Flooding Assault

01/30/2014 Oklahoma Severe Winter Storm 2014 178 1,877 3,028 10,804 15,887

05/20/2013 Oklahoma 2015 241 1,948 2,960 11,324 16,473 Severe Storms and Tornadoes 2016 239 2,134 3,135 12,058 17,566 04/08/2013 Oklahoma Severe Winter Storm and Snowstorm

22 • Public Safety 2017 A Vote on the Emergency: The Dangers and Short Term Solutions Regarding Public Safety Funding By Corey Perry Public safety is a perennial concern for voters across Oklahoma. Multiple At the moment, state prisons departments from the state to the local 2 level are suffering from major shortages hold numbers equivalent to in manpower. This shortage is creating a dangerous environment for citizens, 109 percent of total capacity officers and even inmates. The rise in crime the past few years has only aggravated these concerns among the public. A lack of public money to address the issues has made the problem worse for countless departments. A few somewhat temporary solutions have been found to 2 get through the next fiscal year at the state level, while major cities are taking it into their own hands to rededicate resources to public safety. Retirement, normal attrition rates and steadily declining financial resources, have placed public safety departments throughout Oklahoma into an emergency situation. Like most of the state government, the Department of Public Safety has taken several cuts over the past e e ou few years. When threatened by a cut of em o l 15 percent earlier this year, Oklahoma Highway Patrol Chief Rick Adams was The cuts threatened a hiring freeze, Oklahoma Highway Patrol dodged quoted saying. furloughs of troopers and staff, and costly prospects this year when an “The perilous security environment forced layoffs. The delay of a trooper agreement was negotiated between the created by a 15 percent budget cut academy until 2019 was a real possibility. OHP and the Oklahoma Turnpike places citizens at increased risk, local law This is coming off the heels of voluntary Authority for the OTA to fund a trooper enforcement at risk and our troopers’ buyouts occurring last fiscal year within academy to the tune of $5 million. This lives at risk. This is a gathering Public the Department of Public Safety.2 DPS would help train about 30 officers. The Safety Crisis that can only be fixed by did implement mileage restrictions for a OTA also helped to fund an academy adequate funding, and everyone will feel good amount of this fiscal year, but just in 2016. Allowing an academy to go the impact. Further triaging of resources, recently decided to lift them after the forward will help to address attrition further cuts in mileage and no manpower legislature passed the budget.3 within the department from retirements replacements – all at a time when and other departures that shrink the force 26 percent of the OHP is eligible for of nearly fifteen percent budget cut.” KFOR, over time.4 retirement – makes this evolving situation March 8, 2017. The Department of Corrections is 2 Ferlaino, Nikki, and Lorne Fultonberg. far more sinister than budget crises of the “Department of Public Safety offers employees also facing recurring and deepening past.1” voluntary buyouts due to state budget crisis.” KFOR, June 15, 2016. 3 Querry, Kimberly. “Oklahoma Highway 4 Prickett, Austin. “Oklahoma Turnpike 1 Querry, Kimberly. “‘Difficult choices are Patrol lifting mileage restriction after budget Authority to fund 2018 OHP Academy.” inevitable,’ Oklahoma agencies list impacts agreement.” KFOR, June 1, 2017. KOKH, May 25, 2017.

Oklahoma Policy Review • Volume 2 Public Safety • 23 budgetary restraints. The legislature their recentness, it will take time for them citizens.7 This is a tool to reduce crime typically provides annual supplemental to materially affect the number of people in communities with historic tensions appropriations to accommodate a growing in the system. between citizens and police. population of prisoners. At the moment, Looking at the local public safety The economic and budgetary situations state prisons hold numbers equivalent divisions, the Tulsa Police Department within Oklahoma the past few years are to 109 percent of total capacity. In raw has struggled with staffing for years. straining public safety across the board. numbers this equates to 62,000 within Many cities, including Tulsa, have been There have been some solutions to stay the system, over 26,000 in state prisons, asking the state to allow it to diversify fiscally afloat and at least one major city and over 1,750 in county jails awaiting their tax base away from sales taxes and has agreed to allow further resources transport to a state prison.5 This is with utility revenues without success. As a to be dedicated to the issue. Short of a staff shortage of 30 percent, and major result they have raised their rates to the economic growth, however, there is a issues with turnover of corrections and elevated levels currently seen. Last year, need to engage seriously with criminal probations officers of 39 percent and 23 voters in Tulsa passed a new tax package, justice reform to address public safety. percent, respectively, due to low starting called Vision Tulsa, that is aimed to help Public support exists for these efforts salaries and little money to provide raises. address the financial gaps the city has led by the governor and implemented As a result overtime is a major contributor faced for years, including within TPD. through the state initiative process. As to compensation, which leads to concerns By current estimates, the department is such, the legislature and other public of overwork of employees who work in short about 160 officers for a city of its officials should be engaging seriously dangerous situations.6 Criminal justice size. With the sales tax package passed, in efforts to address this issue. With or reform measures have passed in recent the city can establish three academies without economic growth in the next few years to address these numbers, but given per year, for the next several years, that years, Oklahoma can overcome these will allow for them to reach and sustain challenges, but the major decision makers 5 Brown, Trevor, Jennifer Palmer, Mollie Bryant, the number of necessary officers around of the state need to keep public safety at and Warren Vieth. “Winner and Losers in the beginning of next decade. The goal the forefront so citizens can have peace Battle Over the Budget.” Oklahoma Watch, May is to implement community policing in of mind. 26, 2017. 6 Mcguire, Jacob and Mack Burke. “Shortage many neighborhoods in order to rebuild of corrections officers in Oklahoma reaches 30 trust between the department and 7 “Tulsa Police Department looking to add percent.” The Southwest Times Record, January more than 100 officers with Vision Plan 26, 2017. funding.” KJRH, February 22, 2017.

24 • Public Safety 2017 Oklahoma Policy Review Veterans and Military Affairs

Total bills: 19 Signed: 19 Vetoed: 0 Resolutions: SCR6

NATIONAL GUARD • OKLAHOMA IS 17TH IN ACTIVE OKLAHOMA MILITARY INSTUTIONS DUTY Air Force 3% State Employees Altus AFB • OKLAHOMA IS 26TH IN Tinker AFB RESERVISTS Vance AFB

• MAJORITY OF US MILITARY 23% Army Air Guardsmen RECRUITS COME FROM THE SOUTH Fort Sill ATLANTIC REGION McAlester Army Ammunition Plant 74% Army guardsmen Oklahoma itself is home Coast Guard (believe it or not) to over 336,000 veterans, Coast Guard Institute of whom 30,000 are Container Inspection Training female. This is more than 74% Army guardsmen ten thousand below the national average for 23% Air Guardsmen female veterans 3% State Employees

STATE VETERANS CENTERS

Claremore-- Norman-- Lawton-- Ardmore-- Clinton-- Sulphur-- 302 nursing 301 nursing 200 nursing 175 nursing 148 nursing 122 nursing care beds care beds care beds care bed care beds-- care beds 8 domiciliary beds

Oklahoma Policy Review • Volume 2 Veterans and Military Affairs • 25 ENERGIZING OKLAHOMA’S Future

Energy is essential to the way we live, work and play.

ITC operates, builds and maintains the region’s electric transmission infrastructure.

As the only independent transmission company in Oklahoma, we’re working hard to improve electric reliability and increase electric transmission capacity in the Great Plains and throughout the Midwest.

ITCHoldingsCorp

@ITCGrid

Building the electric transmission infrastructure that will power the future. ITCHoldings www.itc-holdings.com 26 • Veterans and Military Affairs 2017 ENERGIZING OKLAHOMA’S Future

Energy is essential to the way we live, work and play.

ITC operates, builds and maintains the region’s electric transmission infrastructure.

ITCHoldingsCorp

@ITCGrid

Building the electric transmission infrastructure that will power the future. ITCHoldings www.itc-holdings.com Oklahoma Policy Review • Volume 1 Veterans and Military Affairs • 27 Navigating the Home Front

By Tori Garrett Transitioning from the military into civilian life is never easy, but the Oklahoma Department of Veterans Affairs is determined to help veterans make as smooth of a transition as possible. “The ODVA tries to serve veterans basically from the day they get out till the end of life, and even work with families after veterans have passed,” said Rob Arrington, Director of Veterans Services and Programs at the Oklahoma Department of Veterans Affairs (ODVA). Three of the biggest issues facing Oklahoma veterans are homelessness, posttraumatic stress disorder (PTSD), and unsheltered and 47.2 percent were at an Affairs, posttraumatic stress disorder 4 placement for employment or education. emergency shelter. “can occur after a person goes through, According to the Point-In-Time The United States Department of sees, or learns about a traumatic event.” surveys of Oklahoma City and Tulsa, Veterans Affairs (USDVA) sees ending Stress reactions that last longer than three which annually count the homeless Veteran homelessness as a top priority. To months and interrupt daily life could 6 population on a night in January, there fight veteran homelessness, local housing hint at undiagnosed PTSD. Of people were 157 homeless veterans in Oklahoma providers have partnered with veteran who experience at least one traumatic City and 108 homeless veterans in event, about eight percent of men and Tulsa during the 2016 survey. Veterans Veterans make up 20 percent of women will develop PTSD. make up approximately ten percent of For some events, like combat and sexual 7 Oklahoma City’s homeless population, approximately ten assault, the rate is higher. However, an increase from 2015 to 2016.1 This is percent of Oklahoma both the USDVA and the ODVA offer a two percent decrease from four years resources to offer counseling and aid earlier.2 In Oklahoma City on the night City’s homeless veterans who are suffering from mental of the count, 21 percent of homeless health issues. veterans were unsheltered.3 In Tulsa, population The USDVA runs programs at the 18.5 percent of homeless veterans were Oklahoma Veteran Centers to specifically services providers to form the Oklahoma help combat veterans with mental health County Homeless Veteran’s Task Force. and counseling. Oklahoma’s two V.A. 1 2016 Point-In-Time: A Snapshot of Homelessness in Oklahoma City. Oklahoma From January 2015 to January 2016, hospitals, located in Oklahoma City and City: United States of America. Oklahoma the group has put a roof over the head Muskogee, are home to mental health City Planning Department. Housing & of more than 200 veterans.5 The ODVA clinics that are committed to seeing walk- Community Development. Oklahoma City 8 Continuum of Care Point In Time Planning is actively involved in homeless veterans’ in patients on the same-day. Numerous Team, 2016. Print. task forces in both communities. nonprofits also offer resources designed 2 2012 Point-In-Time: A Snapshot of Homelessness is not the only issue to treat veterans. Arrington said despite Homelessness in Oklahoma City. Oklahoma City: United States of America. Oklahoma facing returning vterans, According to the budget problems plaguing the State City Planning Department. Housing & the National Center for PTSD, a division Legislature, he hopes they will continue Community Development.Oklahoma City Continuum of Care Point In Time Planning of the U.S. Department of Veterans to fund agencies that aid veterans Team, 2012. Print. 3 2016 Point-In-Time: A Snapshot of 6 United States of America. U.S. Department Homelessness in Oklahoma City. Oklahoma 4 2016 Tulsa City-County Continuum of Care of Veterans Affairs. National Center for PTSD. City: United States of America. Oklahoma Point-in-Time Survey. Tulsa: United States of Understanding PTSD. N.p.: National Center City Planning Department. Housing & America. Tulsa Police Department. A Way for PTSD, 2013. Print. Community Development. Oklahoma City Home for Tulsa, 2016. Print. 7 Id. Continuum of Care Point In Time Planning 5 2016 Point-In-Time: A Snapshot of 8 “Rob Arrington (ODVA) Interview.” Team, 2016. Print. Homelessness in Oklahoma City Telephone interview. 22 May 2017.

28 • Veterans and Military Affairs 2017 struggling with mental health problems counterparts. Average age could also and substance abuse. play a role. Nationally, female veterans While the ODVA focuses on the are younger than male veterans. In 2015, transition from military into civilian life, the median age of male veterans was one of the biggest issues many veterans 65 versus 50 for female veterans. The are concerned with is education and percentage of male veterans enrolled in employment. The ODVA utilizes higher education drops by more than both an employment and an education 50 percent once that veteran reaches 35 coordinator, who work closely with years old.12 veterans, employers, and schools to help Female veterans may simply be more veterans make the transition as smoothly interested in pursuing higher education as possible. utilization of Government than male veterans. Nationwide, a Issue (G.I.) benefits is one of the key higher percentage of female veterans focuses of the Oklahoma Department of have higher education goals and are Veterans Affairs. Veterans interested in enrolled in higher education compared beginning or continuing their education to men veterans.13 This could point to make them difficult to place in housing. can use these benefits to pay their tuition. the discrepancy between rates of female These private and civilian efforts are “Oklahoma is lagging a little bit in the versus male veterans in higher education. especially crucial when state funding is so use of G.I. bills [to] go back to college or Arrington said civilians can also help uncertain. a trade school or on-the-job training,” Veterans face a number of challenges Arrington said. “There are some veterans following their service. While help exists leaving benefits on the table. They could In Oklahoma City for them, a number of veterans returning use those [benefits] and maybe freshen on the night of the from combat may not be in the mental up their skill set or learn a new trade.” state to navigate a complex system of Of nearly 19 million veterans, only count, 21 percent of state assistance and benefits, as well as about 1.6 million are female.9 Oklahoma numerous private options. The system itself is home to over 336,000 veterans, homeless veterans itself continues to face chronic funding of whom 30,000 are female. This is more issues, which may limit the ease with which than ten thousand below the national were unsheltered. In veterans learn about and understand all average for female veterans.10 On a their options. One available opportunity national average, female veterans are Tulsa, 18.5 percent for veterans retiring from the military to more likely to have at least some college of homeless veterans better understand is 2-1-1 Oklahoma. than male veterans and civilians. Female This veteran-specific nonprofit has veterans are also more likely to achieve were unsheltered and two branches that Oklahoma veterans degrees beyond high school and even experiencing some kind of problem can beyond a four-year college degree than 47.2 percent were at an call for assistance. The veteran is then male veterans and non-veterans.11 This put in contact with professionals who gap between female and male veterans emergency shelter can help solve or provide insight into the may exist for several reasons. It could situation. This 24/7 hotline, which can be that female veterans find it easier to veterans make a smooth transition from be reached by dialing 2-1-1, enhances navigate the system than their male the military by donating time or money veterans’ access to community services. to charities that benefit service members. Veterans are made aware of all options Employers should implement veteran 9 Profile of Veterans, 2015: Data from and where to go if they need help, no friendly hiring practices and landlords the American Community Survey U.S. matter the situation. Through similar Department of Veterans Affairs. National should rent to veterans that have nonprofits, agencies, private businesses, Center for Veterans Analysis and Statistics. experienced traumatic events, which can N.p.: National Center for Veterans Analysis and individuals, Oklahoma’s veterans and Statistics, 2017. Print. 10 State Summary: Oklahoma. Washington, returning to civilian life can rest assured D.C.: Office of Public Affairs, 2017. Print. 12 Id. that there are options available to them 11 Profile of Veterans, 2015: Data from 13 Profile of Veterans, 2015: Data from and people who want to ensure they are the American Community Survey U.S. the American Community Survey U.S. Department of Veterans Affairs. National Department of Veterans Affairs. National taken care of in the best way possible. Center for Veterans Analysis and Statistics. Center for Veterans Analysis and Statistics. N.p.: National Center for Veterans Analysis N.p.: National Center for Veterans Analysis and Statistics, 2017. Print. and Statistics, 2017. Print.

Oklahoma Policy Review • Volume 2 Veterans and Military Affairs • 29 Oklahoma Policy Review Agriculture

Total bills: 20 Signed: 20 Vetoed: 0

FARMS OPERATIONS CROPS BY VALUE OF PRODUCTION TOTAL FARM ACRES: 34,356,110 Hay - $490,938,000 TOTAL LAND AREA (ACRES): 43,901,399 #1 PRINCIPAL FARM OPERATORS #2 Wheat - $ 470,925,000 Principal Operators 34 or younger: 5,425 #3 Cotton - $202,666,000 Principal Operators 65+: 28,247 #4 Corn - $143,990,000

#5 Soybeans - $128,122,000

#6 Sorghum- $55,271,000

Principal Operators #7 Rye- $13,125,000 35-64: 87,931

#8 Canola- $11,400,000 LIVESTOCK COMMODITY TOTALS #9 Peanuts- $10,572,000

Cattle, Cows, Beef - Inventory ( First of Jan. 2017 ) 2,095,000 Cattle, Cows, Milk - Inventory ( First of Jan. 2017 )35,000 #10 Oats- $877,000

Cattle, Incl Calves - Inventory ( First of Jan. 2017 ) 5,000,000 Cattle, On Feed - Inventory ( First of Jan. 2017 ) 310,000 Oklahoma is Goats, Milk - Inventory ( First of Jan. 2017 ) 6,000 Ranked Goats, Meat & Other - Inventory ( First of Jan. 2017 )92,000

Sheep, Incl Lambs - Inventory ( First of Jan. 2017 ) 48,000 in total value of agriculture Hogs - Inventory ( First of Dec. 2016 ) 2,150,000

Chickens, Broilers - Production, Measured in Head 209,700,000 products sold

30 • Agriculture 2017 Impacts of the 2018 Farm Bill On Oklahoma

By Brett Sebastian and Corey beef cow-rearing and is fifth overall in the Perry total number of head of cattle with over five million head at the start of 2017.8 After years of state-focused policy The swine industry ranks Oklahoma in battles in agriculture ranging from a 78,100 the top ten and yields $950 million per Right to Farm state question to feral year.9 Oklahoma is also a leading state hog control, the next major battle will in broiler and goat production.10 The occur in the nation’s capital in 2018. overall value of agricultural production Every five years, dating back to the for 2015, which includes forestry income, Great Depression, an omnibus farm bill totaled $8.5 billion.11 With agriculture works its way through Congress. The comprising such a powerful sector of the New Deal Congress passed the original state economy, the impact of a nearly bill, the Agriculture Adjustment Act, trillion dollar omnibus bill is obviously in 1933.1 It allowed farmers to receive substantial. payment for not growing food, allowed 73,000 The latest farm bill, the Agriculture the government to buy excess grain and Act of 2014, authorizes $956 billion over included the precursor to food stamps.2 ten years and authorizes nutrition and A 1938 version of the bill created a 78,100 total farms of which 7,300 are agriculture programs until 2018.12 The permanent system that required renewal family farms. 2014 act is actually two years late as the every five years.3 The bill has changed last farm bill expired in 2012. The bill significantly over the decades but its latest a marketing program similar to famous cut $8 billion from the Supplemental 2014 version is set to expire in 2018 and checkoff programs such as “Got Milk?” Nutrition Assistance Program (SNAP) 16 renewal talks are already underway. or “Beef. It’s What’s For Dinner. ” though the vast majority of spending in The policy decisions and funding These quinquennial farm bills are the measure, $756 billion, went to those included in this omnibus bill will greatly widely criticized and blasted as pork nutrition programs.13 Crop insurance impact the states and especially states barrel spending. Critics say that the programs ($89.8B), conservation ($56B), like Oklahoma where agriculture is a subsidies and payouts that were necessary commodity programs ($44.4B) and $8.2 dominant economic sector. Oklahoma in the Great Depression are awards to billion in other spending comprised contains 78,000 farms, the fourth most an industry that is not suffering. The the remainder of allocations.14 The bill amongst the states.4 Of those, 73,000 are estimated median farm household income placed income caps on farm subsidies 17 family farms.5 For a variety of different for 2017 is $79,733. This is well over and ended direct payment subsidies of $5 grains, fibers and nuts, Oklahoma the $56,516 median household income billion which paid farmers regardless of 18 places among the top ten in total yield. for the U.S. as a whole. Furthermore, a whether or not they grew crops.15 It even These include, in order of national third of the subsidies in the 2008 version included a widely blasted commodity rank: rye, canola, sorghum, hay, wheat, went to the wealthiest four percent of checkoff program, whereby producers 19 pecans, cotton, cottonseed and peanuts.6 farmers. “Farms with gross sales of $1 of a certain commodity, in the case of Overall, crop production yielded about million or more received 23 percent 2014 bill Christmas trees, send funds $1.3 billion in cash receipts in 2015.7 of all commodity-related payments to promote and research a particular Regarding livestock, the state is second in in 2009—up from just eight percent commodity. A $0.15 fee on growers was 1 “United States History.” Agricultural Adjustment levied on sales of Christmas trees to fund Act. N.p., n.d. Web. 19 June 2017. 16 “Christmas Tree Tax.” Snopes.com. N.p., 18 2 H.R. Res. H.R. 3835, 73rd Cong. (1933) 8 Id. Nov. 2014. Web. 19 June 2017. (enacted). Print. 9 Id. 17 “Farm Household Income Forecast.” USDA 3 H.R. Res. H.R. 8505, 75th Cong. (1938) 10 Id. ERS - Farm Household Income Forecast. N.p., n.d. (enacted). Print. 11 Id. Web. 19 June 2017. 4 USA. Oklahoma Department of Agriculture, 12 H.R. Res. H.R. 2642, 113th Cong. (2014) 18 “Real Median Household Income in the Food & Forestry and National Agriculture (enacted). Print. United States.” FRED. N.p., 13 Sept. 2016. Statistics Service. Oklahoma Agricultural Statistics 13 Plumer, Brad. “The $956 billion farm bill, in Web. 19 June 2017. 2016. N.p.: n.p., Sept. 2016. Print. one graph.” The Washington Post. WP Company, 19 Michael D. Tanner This article appeared in 5 Id. 28 Jan. 2014. Web. 19 June 2017.. National Review(Online) on January 29, 2014. 6 Id. 14 Id. “Pork in the Farm Bill.” Cato Institute. N.p., 29 7 Id. 15 Id. Jan. 2014. Web. 19 June 2017.

Oklahoma Policy Review • Volume 2 Agriculture • 31 livestock producers who lost grazing areas to drought or fire. Compensation rises to up to 60 percent the monthly feed cost up to five months.30 In a livestock heavy state with wildfire issues this was a critical win for Oklahoma’s ranchers. Wealth gap concerns for those receiving subsidies seem to be a non-issue in Oklahoma where 95 percent of farms that receive a subsidy under the 2014 bill have gross incomes less than $200,000 a year.31 Since 1995, Oklahoma farmers have received more than $6 billion in subsidies, ranking 18th in the country.32 Contrary to the equity seen in the 2014 version of the bill, since 1995, only ten percent of Oklahoma farmers took in 73 percent of all subsidies.33 No subsidies were received at all by 69 percent of in 1991.20” Technological advances the bill as crucial for rural communities farmers over that time span.34 A 2011 in agriculture have increased yields saying the U.S. Department of Agriculture Tulsa World investigation found that “22 while reducing risk. Direct loans, loan “could continue to modernize water and Oklahoma lawmakers or their spouses guarantees and taxpayer backed crop electric utilities for millions of Americans, [received] a total of $3.8 million since the insurance causes farmers to take greater expand broadband access, and help mid-1990s.”35 risks than necessary and prop up poorly rural businesses grow.”25 Considerable With preliminary hearings already run farms.21 Crop insurance subsidy agricultural research is also funded underway in Washington, and on land payouts are subject to secrecy creating through the bill.26 Reauthorization of the grant college campuses across the country, further controversy. This is especially bill is crucial to providing SNAP benefits the debate over the next iteration of the since members of Congress are eligible to the nearly 42.7 million Americans farm bill has already begun. This massive to receive payments.22 Even the structure on that program in FY17.27 The sheer bill will set the tone for federal agriculture of the bill is subject to criticism. The number of Americans reliant on SNAP spending, research, nutrition and Heritage Foundation believes SNAP and benefits is the crux of the reason the farm agronomics for the foreseeable future. In agriculture programs are rolled into one bill’s cost has ballooned to nearly a trillion a state like Oklahoma where agriculture bill is to force rural legislators to vote for dollars with 80 percent of the spending is a dominant economic sector, the SNAP and urban legislators to vote for dedicated to SNAP. impacts of this bill will be felt here more agriculture spending.23 The passage of the farm bill is a mixed than other locations. Oklahoman policy Proponents of the bill say that the bag for Oklahoma. In FY15, SNAP makers should be weary of the positives, spending is critical to maintaining stability provided $860 million in benefits to negatives and potential conflicts of in the industry and ensuring stable crop almost 600,000 Oklahomans a month.28 interest going into the 2018 policy battles. yields. Multimillion dollar industries The 2014 farm bill made the Livestock like biofuels and ethanol have grown Forage Program permanent.29 This around the farm bill and cutting them out program provides compensation to would leave thousands jobless.24 Former Agriculture Secretary Tom Vilsack cited essential.” The Hill. N.p., 03 Feb. 2016. Web. 19 June 2017. 20 Bakst, Daren. “A Farm Bill Primer: 10 Things 25 Id. You Should Know About the Farm Bill.” The 26 “Ag Research Institutions Offer Testimony on 30 Id. Heritage Foundation. N.p., n.d. Web. 19 June the Successes of Farm Bill Legislation Before 31 Richey, Kate. Not Your Father’s Farm Bill? Rep. 2017. Senate Ag.” OklahomaFarmReport.com. N.p., n.d. N.p.: Oklahoma Policy Institute, February 21 Id. Web. 19 June 2017. 2014. Print. 22 Boccia, Romina. Farm Bill Should End Secrecy 27 Supplemental Nutrition Assistance Program 32 Cameron, Alex. “9 Investigates: How Much in Crop Insurance Subsidies. Issue brief no. 3674. Participation and Benefit Rates. 9 June 2017. Oklahoma Farmers Get In Farm Subsidies.” N.p.: Heritage Foundation, July 2012. Print. Raw data. N.p. News9.com. N.p., 14 Oct. 2013. Web. 19 June 23 Bakst, Daren. “A Farm Bill Primer: 10 Things 28 USA. U.S. Dept. of Agriculture. Food and 2017. You Should Know About the Farm Bill.” The Nutrition Service. Profile of SNAP Households . 33 Id. Heritage Foundation. N.p., n.d. Web. 19 June N.p.: USDA, January 2017. Print. 34 Id. 2017. 29 “Livestock Forage Program.” Oklahoma Home 35 Editor, Gavin Off World Data. “Legislators 24 Steffen Schmidt, professor, Iowa State Page. USDA Farm Service Agency, n.d. Web. collect millions in federal farm subsidies.” Tulsa University, Ames, Iowa. “Why the farm bill is 19 June 2017. World. N.p., 10 July 2011. Web. 19 June 2017. 32 • Agriculture 2017 Oklahoma Policy Review Infrastructure

Total bills: 19 Signed: 19 Vetoed:1 Other 15% WATER USAGE ? Crop ROADS irrigation WATER INFRASTRUCTURE QUICK FACTS THERMOELECTRIC POWER (2004) 1168 (2005) 1078 Surface Water use (2006) 989 12% permits SELF-SUPPLIED RESIDENTIAL (2007) 913 2,097 for (2008) 831 2.7 million (2009) 797 Public acre-feet 41% SELF-SUPPLIED INDUSTRIAL water Other (2010) 706 (2011) 634 supply 15%13,000 permits for 6.5 ? million acre-feet of Crop OIL & GAS (2012) 556 water32% per year. irrigation (2013) 468 ON SYSTEM (2014) 372 STRUCTURALLY 10,884 for MUNICIPAL & INDUSTRIAL (2015) 321 DEFICIENT BRIDGES 12% 3.8 million acre-feet (2016) 251 2 2 Groundwater use LIVESTOCK Public 41%permits water supply CROP IRRIGATION

32% 2500000 emoele oe OKLAHOMA COMPREHENSIVE 2000000 elule eel elule ul WATER PLAN STATEWIDE 1500000 l 1000000 TOTAL ANNUAL DEMAND ul ul ACRE-FEET ACRE-FEET PER YEAR (ACRE-FEET/YEAR) 500000 eo o o 0 2010 2020 2030 2040 2050 2060

DAMS RAILROADS

19 freight railroads • 3,273 freight railroad miles • 1,991 freight railroad employees TOP THREE FREIGHT EXPORTS BY RAIL Farm Products Chemicals Stone, Sand and Gravel 1.7M tons 2.68M tons 9.3M tons • 50.9% 9.4% 14.7%

4,727 TOP THREE FREIGHT IIMPORTS BY RAIL High Hazard (406) Stone, Sand Coal and Gravel Food Products Significant Hazard (210) 19.79M tons • 56.9% 3.88M tons 1.4M Low Hazard (4,111) tons 11.2% 4.2%

Oklahoma Policy Review • Volume 2 Infrastructure • 33 Paving with a Plan By Brett Sebastian The crossroads of America is pockmarked by potholes. Despite an advantageous location at the intersection of several U.S. regions, the perception is Oklahoma has a transportation problem. In some ways, that perception is accurate. The last report card from the American Society of Civil Engineers gave Oklahoma infrastructure a C- grade.1 In other ways, Oklahoma has excelled. The number of structurally deficient bridges has plummeted from 1,168 in 2004 to 270 in 2016.2 When Oklahoma maintains a State Standard for growth that entities have created Oklahoma infrastructure excels, it excels Hazard Mitigation Plan that is filed with within the state, Oklahoma itself lacks any for two reasons: certainty in funding and the Federal Emergency Management comprehensive state infrastructure plan. a dedicated plan of action. This model is Agency so that the state can remain eligible Interagency cooperation is common 7 what has led to successful transportation for disaster assistance and grant funding. but for the most part agencies operate projects under the Oklahoma Department The Oklahoma Experimental Program independently, or in conjunction with of Transportation’s eight year plan which to Stimulate Competitive Research stakeholders, to achieve their various began in 2003.3 The eight-year plan is maintains a cyberinfrastructure plan specific missions. Oklahoma is not alone in updated every year and continuously rolls to utilize cyberinfrastructure resources, lacking such a plan. Many state agencies develop a statewide initiative and an feature internal plans no different than the forward to reflect completed projects and 8 adjustments in projected revenue and advisory group. Many municipalities ODOT Long Range Transportation Plan. costs.4 The eight year plan also works in adopt plans to facilitate growth and make Most states fail to strategize their spending conjunction with ODOT’s Long Range long range policy decisions. Oklahoma and coordinate their various infrastructural Transportation Plan to achieve a multi- City’s Planning Commission adopts a projects across multiple agencies. year transportation vision for the state.5 In Comprehensive Plan to be used by city There are some locations that do this way, ODOT has been able to complete leaders, business owners and citizens to strategize top to bottom. California guide decisions about future growth and publishes a five-year infrastructure plan critical highway and bridge projects, in an 9 orderly fashion, despite repeated budget development. “This document provides that incorporates spending and planning crises. long range policy direction for land use, for transportation, the Sacramento capitol ODOT is not the only entity that utilizes transportation, economic development, complex, courthouses, water resources housing, public services, and natural and and conservation, general government long term planning. Oklahoma follows an 10 Emergency Operations Plan to respond cultural resources. ” Tulsa also utilizes and certain education facilities.12 The to and mitigate national security incidents a comprehensive plan and almost every plan even incorporates climate change sizeable municipality has some kind of and natural and technological hazards.6 and sustainability into its efforts.13 This planning commission.11 Despite the plan allows Californian decision makers abundance of internal plans and outlines 1 2013 Report Card For Oklahoma’s and agencies to outline their vision over Infrastructure. Rep. N.p.: American Society of five years and prepare funding requests. Civil Engineers, 2013. Print. Operations Plan. Oklahoma CIty, OK: OEM, 2 USA. Oklahoma Department of December 2009. Print. Not only does this provide ample time Transportation. House Appropriations 7 USA. Department of Emergency for review and scrutiny, it allows the state and Budget Transportation Subcommittee Management. 2014 State of Oklahoma to structure its budgets and long-term Presentation for March 23, 2017. N.p.: ODOT, Standard Hazard Mitigation Plan. Oklahoma plans in a method that provides stability March 2017. Print. City, OK: OEM, February 2014. Print. 3 Clark, Richard. “Oklahoma Transportation 8 “EPSCoR Cyberinfrastructure Plan.” and vision. In Australia, the Queensland Commission Approves ODOT’s New 8-Year Cyberinfrastructure | OK EPSCoR. OK NSF State Infrastructure Plan takes a variety Construction Plan.” Oklahoma’s Own News EPSCoR Research Product Clearinghouse, of current service needs and projects the On 6. N.p., 08 Sept. 2014. Web. 08 June 2017. n.d. Web. 08 June 2017. 14 4 Id. 9 “Planning Commission.” Okc.gov. City of demand into the future. These services 5 USA. Oklahoma Department of Oklahoma City Planning Department, n.d. Transportation. Oklahoma Long-Range Web. 08 June 2017. 12 California Five-Year Infrastructure Plan. Rep. Transportation Plan 2015-2040. Oklahoma 10 Id. N.p.: State of California, 2016. Print. City, OK: CDM Smith, August 2015. Print. 11 Tulsa Comprehensive Plan. Rep. Tulsa, OK: 13 Id. 6 USA. Department of Emergency Planitulsa, July 2010. Print. Updated August 14 State Infrastructure Plan. Rep. N.p.: Management. State of Oklahoma Emergency 2016 Queensland Government, Department

34 • Infrastructure 2017 include everything from roads, schools private investment through the railways.23 and airports to correctional facilities and The American Society A number of these railroads were even even digital access.15 The plan then breaks developed and owned by foreign investors down the challenges to the state which of Civil Engineers with the Missouri, Kansas and Texas include such topics are productivity, being German and Dutch owned and climate change, population growth, and the Frisco and Santa Fe being British changing technology.16 These projections has given Oklahoma and Dutch owned24. Today, much of and challenges are then translated into Oklahoma’s energy, telecommunications infrastructural plans and priorities which infrastructure an and rail infrastructure is privately owned are then split into areas of authority (private and operated. Union Pacific recently sector, municipal, state and national) where overall grade of announced a $41 million investment in its objectives are then set.17 For example, with Oklahoma rail infrastructure alone.25 a heavy emphasis on climate change and This complex mix of private and public the environment, Queensland aims to interests, and the likelihood that such generate 300 megawatts of solar energy by complexities will only increase, makes 2020, triple the share of cycling commutes planning all the more necessary. It also by 2031, and maximize water management makes a comprehensive plan something and use through various techniques.18 that must take into account private vision Given the multitude of challenges facing President Trump’s infrastructure plan rests as well. Unlike the Queensland State Oklahoma, it is easy to see the benefit such less on massive federal funding and more Infrastructure Plan, the California Five- a comprehensive plan would provide. on a reliance on private industry, state and Year Infrastructure Plan completely At minimum, a multi-year projection local taxes and financing.20 ignores private investment. A private effort of anticipated state infrastructure and Not only would such a plan diverge from called OK2030 is underway led by the facilities needs, with cost estimates, would prior federal infrastructure plans such as State Chamber of Oklahoma Research be immensely helpful for budget-makers. the American Recovery and Reinvestment Foundation. Fred Morgan, President and This has already been demonstrated from Act or the New Deal programs, it could CEO of the State Chamber of Oklahoma, a transportation perspective where long impact federal operations as we currently said in a March statement: “OK2030 is range planning has assisted ODOT in know them. In the area of aviation, Trump a three-year initiative of the Research recognizing the challenge of structurally announced this summer an overhaul plan Foundation to position Oklahoma for long- deficient bridges in the early 2000’s to the Federal Aviation Administration term success. OK2030 will help ensure a and setting up a comprehensive plan that would utilize a “private, nonprofit thriving economy and the quality of life to meet that challenge head on. This corporation that would use digital satellite- that all Oklahomans deserve. Together has resulted in a 77 percent decrease in based tracking systems, rather than with the Research Foundation and a structurally deficient bridges since 2004. land-based radar, to guide flights in the statewide coalition of visionary leaders, A comprehensive plan that incorporates United States.21” In Oklahoma, a leading we’re working to chart a better course for everything from transportation needs aviation industry state that is home to the our state.26” While the OK2030 effort does to energy, education, correctional and Mike Monroney Aeronautical Center in seek to create a vision for the state, such a environmental goals could be useful given Oklahoma City, such an overhaul will vision would be a non-binding suggestion the multitude of challenges facing the state surely impact the local economy and as opposed to a binding guide. Regardless, and session-to-session budget problems. how business currently operates. Such in a state that stresses the free market like A dedicated plan would do much to a divergence is not without precedent. Oklahoma does, any plan would surely reduce costs. Strategic long term planning Trump’s FAA overhaul has a basis in need to take both public and private reduces risks, spreads out costs and allows the current private nonprofit company, infrastructure visions into account. for phased implementation which allows Nav Canada, that owns and operates a plan to implemented in manageable Canada’s civil air navigation service.22 segments.19 All of these benefits will be Private development of infrastructure is 23 Veenendaal, Augustus J., Jr. Railroads | critical as federal infrastructure funding hardly uncommon. Oklahoma, like much The Encyclopedia of Oklahoma History and appears to be uncertain going forward. of the United States, had its transportation Culture. Oklahoma Historical Society, n.d. Web. 08 June 2017. infrastructure initially developed by 24 Id. 25 “Union Pacific Plans to Invest $41 Million of Infrastructure, Local Government and in its Oklahoma Rail Infrastructure.” UP: Planning, March 2016. Print. 20 Davis, Julie Hirschfeld, and Kate Kelly. Union Pacific Plans to Invest $41 Million in its 15 Id. “Trump Plans to Shift Infrastructure Funding Oklahoma Rail Infrastructure. Union Pacific, 16 Id. to Cities, States and Business.” The New York n.d. Web. 08 June 2017. 17 Id. Times. The New York Times, 03 June 2017. 26 “OK2030 Initiative Aims to Put Oklahoma 18 Id. Web. 08 June 2017. at the Top of National Rankings.” Oklahoma 19 “What Are the Benefits of Long-Term 21 Id. State Chamber News | Oklahoma State Strategy & Retreats?” Chron.com. N.p., n.d. 22 “About Us.” NAV CANADA: About Us - Chamber. N.p., 23 May 2017. Web. 08 June Web. 08 June 2017. Home. Nav Canada, n.d. Web. 08 June 2017. 2017.

Oklahoma Policy Review • Volume 2 Infrastructure • 35 Oklahoma Policy Review Elections

Total bills: 7 Signed: 7 Vetoed: 0

REGISTRATIONS (JANUARY NUMBER) TURNOUT

PRIMARY 2016 presidential primary =28.6% 2012 Presidential primary=14.7% 2008 presidential primary=29.1% GENERAL 2016 presidential general=53.4% 2012 Presidential general=49.2% 2008 presidential general=55.8%

2014 Gubernatorial=29.9% GUBERNATORIAL 2010 Gubernatorial= 38.8% 2006 Gubernatorial=36.4%

LEGISLATIVE SEATS

FROM DEC. 2, 2016 –JUNE 6, 2017 Freshman House Representatives = 7 MEMBERS LEFT OR LOST THEIR SEAT RESULTING IN SPECIAL ELECTIONS

December – Rep. Tom Newell: Resigned for private sector job • Newell-resigned job related 30 February – Rep. Dan Kirby: Resigned facing expulsion • Kirby-resigned upon recommendation

February – Sen. Ralph Shortey: Resigned • Shortey-resigned after prostitution facing expulsion charges 71

March – Rep. David Brumbaugh: Passed • Brumbaugh-Died Freshman Senators April – Sen. Kyle Loveless: Resigned • Loveless-Resigned under ethics investigation May – Rep. Scott Martin: Resigned for Private Sector Job • Martin-Resigned job related 13 January 2018 – Sen. Dan Newberry: Announced December • Newberry- Resigned job related resignation to take private sector job

February 2018 – Sen. Joe Newhouse: Will miss 2018 35 session due to being called to active military duty.

36 • Elections 2017 Taxation without Representation: Special Elections and empty seats

By Joel Dean Over the course of the first half of the 56th Legislature, starting a few weeks before the State of the State and continuing well into the interim, Oklahoma lost seven elected officials. At strangely regular intervals, members left their seats concluding in a mid-biennium, resignation that was announced early in session. Three resigned positions in favor of private sector jobs, two resigned amidst scandals, one was unceremoniously removed after charges related to engaging in prostitution with a minor were brought and one member died unexpectedly. The tumultuous period left five seats open for the majority of session with the lone exception of an 11th hour final week swear in. The now empty seats have resulted in an none of these districts overlap otherwise elections in order to prevent an additional increased budget for the state election these citizens would not have had any special election.5 This measure prohibits board for special elections, confusion in official representation in the Oklahoma special elections if a vacancy occurs at attempts to scrub the names of disgraced Legislature. any time in an even number year. This members from important legislation and The estimated cost for these assorted was done to eliminate confusion and cost tens of thousands of Oklahoma citizens elections is between $150,000 and associated with a special election and without direct representation in one of $178,000 this is including the fact that general election held in the same year. their legislative chambers. the District 44 election will not require Senator Dan Newberry’s late resignation In a year that was defined by its a primary but rather just a general announcement posted on June 6th, hostile budget negotiations, public 2 election. The State Election board was but not effective until January 31, outcry and close votes, it is well in the held mostly harmless at a reduction of .7 2018, raised questions concerning this realm of possibility that some of these 3 percent from last year’s appropriations. provision. Newberry resigned with this members’ votes may have changed the Oklahoma State Election Board Public unusually long notice so that he could be course of session. Even if the lack of their Information Officer Bryan Dean said on hand for an assumed special session, voice wasn’t a detriment, their voices they do not believe the cost of these while at the same time he resigned in represented thousands of constituents. elections will require any surplus such a way that the Governor can call a From April 15-May 15, using 2010 funding. However, if the trend continues, special election before he actually leaves census data, 116,504 Oklahomans did or anything happens at the congressional 1 office. not have an elected official in the House. level requiring an additional election, The rules now require the Governor In the Senate from April 27-Sine Die, the board will be strapped.4 to call for a special election within 30 157,378 people were unrepresented. The nature of Oklahoma’s Special days of a vacancy, there is then a three In Tom Newell’s House District alone, election rules make quickly filling empty day filing period, a primary election District 28, a population of at least seats difficult. In fact, procedure was for both parties if required and finally 35,663, had no representation until modified in 2012 to extend time between the final eight days of session. Luckily a general election. The entire process 2 Dean, Bryan. Telephone interview. 1 June can take over three months and even 1 “District Maps and Reports.” Oklahoma State 2017. Legislature. 3 SB 860, 56th Leg (2017) (Enacted) 5 SB 91, 53rd Leg (2012) (Enacted) 4 Dean, Bryan. Telephone interview. 1 June 2017. Oklahoma Policy Review • Volume 2 Elections • 37 if it is expedited as much as possible it The Oklahoma special election process This could serve as a boon to the State takes a minimum 20 days from the filing is about average. The majority of states election board if candidates file by period6. use an election process to fill empty seats. paying the fee, as most do, or a cost if Other states have emergency Half the remaining states let the party so many candidates and state questions procedures allowing the governor, party, choose and the other half fill the seats are put onto the ballot that it needs to special elections or some combination with gubernatorial appointments.9 Part be extended onto additional pages. The of the three to fill the empty seats. In of Oklahoma’s lengthy process comes goal with these bills were both to curtail Arizona, a Board of County Supervisors from the filing procedures but this year some of the red tape and complicated select replacements. The process is very some of those were changed. processes involved in getting a name on rapid, if the legislature is in session the Voter registration processes and filing the ballot while at the same time raising board must be notified in three days fees were changed in the first half of the some additional funds for the State and they have five days to select three legislative session. Senate Bill 323 lowers Election Board. They weren’t designed nominees. The seat can be filled in the signature threshold of votes required to address special election procedures seven days, 21 if the legislature is not for candidacy while at the same time because no one could have foreseen the in session.7 In the District of Columbia, raising the filing fees and in some cases loss of so many members or the resulting the party of the vacant seat appoints a doubling them.10 This could lower the cost and confusion of six, nearly temporary replacement until a special number of prospective candidates and simultaneous, special elections. Similarly election is held between 70 and 140 lesson the burden on the election board. we cannot know what these members days after the vacancy occurs making it Even the presidential filing process was votes could have done had they retained both one of the shortest and the longest tweaked. Senate Bill 145 streamlines their seat throughout session. Now processes to fill a vacancy.8 and somewhat shortens the process to Oklahomans have several choices to put a party nominee onto the ballot.11 make to fill these empty seats and once 6 Elections: Title 26, O.S. 1961. State of again have their voices represented in Oklahoma, 1963 the 56th legislature. 7 “State of Arizona Elections Procedures 1-204.01 Manual Revised.” Arizona Secretary of State. 9 How Vacancies Are Filled in State June 2014. Legislatures.” Ballotpedia. Ed. Joel Williams. 8 The District of Columbia, “District of 10 SB 323, 56th Leg. (2017) (Enacted) Columbia Official Code,” Referenced § 11 SB 145, 56th Leg. (2017) (Enacted)

38 • Elections 2017 Oklahoma Policy Review Health Care

Total bills: 38 Signed: 36 Vetoed: 2

TOP CAUSES OF DEATH COSTS HOSPITALS Oklahoma is ranked the 6TH

MOST EXPENSIVE 1,850,779 patient days STATE IN HEALTHCARE FOR SENIOR HEALTH

OKLAHOMA IS RANKED 10,874 staffed beds in the state

1. Coronary Heart Disease 48TH AVG. HOSPITAL COST 2. Lung Disease PER DAY 98 hospitals in the state 3. Stroke $1,424 4. Lung Cancers AVG. PREMIUM IN EMPLOYER- 88 Federally qualified health centers service 5. Hypertension SPONSORED PLAN $787 Oklahoma is 8th Oklahoma has the 51 Rural health clinics highest in mortality 4TH HIGHEST RATE OF DEATH DUE TO DIABETES IN THE NATION. 36 Critical access hospitals

Oklahoma Policy Review • Volume 2 Health Care • 39 Oklahoma’s Vaccine Policy: Why Oklahomans May Be at Risk

By Will McCollum The history of vaccines in America dates back to the middle of the eighteenth century when legal safeguards were established to protect physicians who were administering small pox vaccines. Boston became the first city to require immunization records of children attending school in 1827.1 By the middle of the nineteenth century, state governments began enacting laws requiring proof of immunization in schools. In 1970, the state legislature of Oklahoma passed the Oklahoma Immunization Act which requires all students to meet the state’s immunization requirements before attending public or private schools.2 Despite historic pressure, legal precedence and opposition to scientific evidence the Oklahoma legislature cannot pass any legislation strengthening Measles, Mumps, and Rubella is 90.3 journal, in 1998 that showed a direct vaccination requirements. percent, making Oklahoma at risk of correlation between the MMR vaccine The State Board of Health determines an outbreak.4 One of the contributing and autism. Following an investigation which vaccines are necessary for factors of lower vaccination rates is the into the matter, after researchers children in Oklahoma to receive. There option for exemption based on personal were unable to replicate the study, it are currently eight vaccines required of or religious beliefs. was proven that there were financial children in the state of Oklahoma. The Oklahoma is one of 16 states that conflicts of interest surrounding goal of vaccination requirements is to allows for exemptions of vaccinations Wakefield.5 The claim has been provide herd immunity for communities based on medical reasons as well as discredited and Wakefield has since that would otherwise be susceptible personal and religious beliefs. These lost his medical license in the United to certain diseases.3 Herd immunity non-medical exemptions allow the Kingdom. Scientifically unfounded is achieved with roughly a 95 percent parents or guardians of children to claims have empowered a small portion vaccination rate in a population, and choose whether or not they decide of the population and have led to more prevents disease from ever gaining a to have their children vaccinated. outbreaks across the country. foothold. Anytime vaccination rates are Choosing not be vaccinated does not In early May of 2017 there was a below that ideal number to maintain herd only affect the children of parents with dangerous outbreak of measles in the immunity, the state risks an outbreak. personal or religious beliefs against Minneapolis area that began in the The current percentage of children vaccinations, it also increases the risks of Somali community where over sixty in Oklahoma who are vaccinated for children who can’t receive vaccines due people had contracted the disease. to medical reasons. The Somali immigrants were subject 1 Hodge Jr., James G. and Gostin, Lawrence O., Anti-vaccination groups have become to miseducation regarding the MMR “School Vaccination Requirements: Historical, Social, and Legal Perspectives.”, (2002) more common over the last few decades. vaccine being linked to autism. For years 2 Oklahoma State Department of Health, Andrew Wakefield published a study in the Somalians living in the area had Vaccines for School 3 Ciolli, Anthony, “Mandatory School The Lancet, a well respected medical some of the highest vaccination rates. Vaccinations: The Role of Tort Law.” Yale Journal of Biology and Medicine (2008) 4 Yen, Ervin. Personal interview. May 2017. 5 Yen, Ervin. Personal interview. May 2017.

40 • Health Care 2017 In recent years however, those rates have plummeted.6 Anti-vaccination activists, including Andrew Wakefield, gave presentations presenting claims that have been retracted and rejected by the scientific community. In Oklahoma there are efforts to curtail non-medical exemptions from vaccinations. In 2014, Senator Ervin Yen introduced a bill that would exclude religious and personal beliefs from the vaccination exemption forms. The next session, Yen introduced a similar but toned down bill that left in religious exemptions. Both of these bill failed to pass out of committee. In 2017, Yen authored another bill that was considered a watered down version of the previous attempts at getting rid of non-medical exemptions. Senate Bill 83 would have required individuals considering having their children exempted from vaccines to The vaccine policy in Oklahoma allows watch a video no more than ten minutes “In 1976 there were a for miseducation and bad science to take long about the health warnings of going little over 1,000 reported hold and affect the safety of civilians. unvaccinated. The bill was voted down Religious and personal freedoms are on the Senate floor by a vote of 16-26. cases of whooping cough protected under the first amendment, Senator Yen believes his colleagues in however, the government has to balance the Senate vote against these bills in in the United States. Look this against the duty to protect its part due to the large showing of support citizens in a fair and healthy fashion. from anti-vaccination groups like the at 2012 and there were The fewer vaccinated individuals there Oklahomans for Vaccine and Health are in the state, the higher the risk of Choice. nearly 50,000. That’s the an outbreak is. As reported by the “In 1976 there were a little over 1,000 Center for Disease Control, the cost of reported cases of whooping cough in the wrong direction.” hospitalizations for diseases that can United States,” Yen said. “Look at 2012 be vaccinated against far outweighs the century and early twentieth century a few and there were nearly 50,000. That’s cost of vaccine administration, even states interpreted their state laws to only the wrong direction.”7 when considering costs to caregivers apply when smallpox was present. In The constitutionality of mandating like travel expenditures and the time 1905, the U.S Supreme Court weighed vaccine administration has been tested taken off from work.9 In a time of in with its landmark case Jacobson throughout American history. To set budget crisis, Oklahoma would not be v. Massachusetts. Henning Jacobson precedent, in the nineteenth century able to properly deal with a widespread appealed his conviction after refusing the case of Hazen v. Strong was presented biological disaster. It is safer and more to submit to smallpox vaccination in to the Vermont Supreme Court who cost effective to invest in preventative Cambridge Massachusetts arguing that ultimately sided with the town council medicine than it is to keep the current it was oppressive and unreasonable. The to pay for smallpox vaccines despite the policy and hope for the best. Supreme Court took a stance favoring disease not being present in the area at the safety of the general public over the the time. However, in the late nineteenth rights of an individual.8

6 Howard, Jacqueline. “Anti-vaccine groups blamed in Minnesota measles outbreak.” 8 Hodge Jr., James G. and Gostin, Lawrence O., CNN. 8 May 2017. “School Vaccination Requirements: Historical, 9 Center for Disease Control and Prevention. 7 Yen, Ervin. Personal interview. May 2017. Social, and Legal Perspectives.”, (2002) VFC Publications: Supplement. 2014.

Oklahoma Policy Review • Volume 2 Health Care • 41 Oklahoma Policy Review Human Services

Total bills: 25 Signed: 24 Vetoed: 1

OFFICE OF JUVENILE AFFAIRS GENERAL INFO FAST FACTS OKLAHOMA IS • SNAP $884 Million 17 Detention Centers RANKED #1 IN • 57,125 children received subsidized care 327 total beds THE NATION 14 Group Homes FOR CHILD CARE • 2,340 adults a month participated in TANF 228 total beds STANDARDS 84% maintained Employment

3 Secure Treatment Facilities • 9,821 Adult Protective Service 158 total beds Referrals Investigated 4,378 substantiated

• Over 6.6 Million meals provided for Oklahoma Seniors

OKLAHOMA IS 3RD IN THE NATION FOR RATES OF ANY MENTAL ILLNESS

Oklahoma is Ranked Youth 12-17 Adult 18+ #2 in the nation Any Mental Illness 103,630 694,878 for employment of people with Substance Abuse 21,037 291,083 intellectual disabilities Serious Mental N/A 158,673 Illness

42 • Human Services 2017 The Effects of Preemptive Measures in The Oklahoma Children’s Code

By Lorene Elle Lowe In the midst of a legislative session that revolved around budget problems and agency cuts, the Department of Human Services (DHS) held its breath that it would not be dealt another blow. The agency already had been cut over $80 million the past two years which forced them to raise costs and cut 1,200 jobs.1 Even a half million dollar cut would have resulted in the closure of 11 county offices.2 Further cuts would have seen devastating impact on core services. In the end, DHS saw a 7.43 percent increase in funding with an additional nearly $50 million.3 This gave DHS some much needed breathing room but as questions about the constitutionality overburdening of this state agency will Social Security Act. Federal Title IV-E of certain revenue raising measures only further stress the already taxed care pertains to the Federal Foster Care continue to swirl and a continued budget of Oklahoma children. Oklahoma ranks Program while Federal Title IV-B stress being felt headed into 2018, DHS 37th in the country for child well-being pertains to child and family services. is braced for further cuts in the long and despite the slight improvement in It is no secret that DHS is underfunded term. national rankings (Oklahoma was 39th in and understaffed. Likewise, the role The fiscal impact this would have 2015) additional budget cuts to DHS will of a social worker is often just as on the Department of Human Services likely have a negative impact on future underappreciated and seemingly (DHS) would be devastating. DHS has state rankings.5 Sheree Powell, Director misunderstood as the agency itself. repeatedly faced significant economic of Communications and Community Public perception has proven to be challenges as a result of reduced Relations for the Oklahoma Department unkind when it comes to understanding appropriations totaling $12 million and of Human Services explained how the systemic issues surrounding the revenue failures of $44 million in the imperative this session was by saying, handling of abuse and neglect because fiscal year 2016 alone. Additionally, “Without the passage of our requested of negative connotations, social stigmas, DHS saw an overall reduction of legislation DHS faces harsh penalties and underlying cognitive bias. Yet, 4 $28 million in 2017. Continued for not being in compliance with federal the predominant factor remains to be Titles IV-E and IV-B and could stand a lack of knowledge. Last year, DHS 1 “Agency officials: Budget cut to Oklahoma to lose $125 million or more per year in received 80,573 reports on families DHS would result in “terrible to the federal funding, which is approximately and determined after screening that unthinkable” scenarios.” KFOR.com. N.p., 23 25 percent of the Child Welfare Services 34,676 reports had allegations that met Mar. 2017. Web. 15 June 2017. 2 Id. Budget.” These titles are subsets of the the definition of abuse and neglect and 6 3 USA. Oklahoma Legislature. Legislative required investigation or assessment. Services Bureau. FY’18 Appropriations 5-24-17. Oklahoma has over 11,173 children N.p.: n.p., 2017. Print. 5 Averill, Mike. “Kids Count: Oklahoma Shows 4 Oklahoma Dept. of Human Services, Slight Improvement in National Ranking on Joint Human Services Budget Performance Child Well-Being.” Tulsaworld.com. Tulsa 6 Child Abuse and Neglect Statistics Report, Presentation, n.p., 30 Jan. 2017. World, 21 June 2016. State Fiscal Year July 2015 – June 2016.

Oklahoma Policy Review • Volume 2 Human Services • 43 living in foster homes or other out-of- home care facilities.7 These statistics are coupled with appalling caseload numbers. The oldest child advocacy organization in the country, the Child Oklahoma ranks 37th Welfare League of America recommends that workers investigating allegations of abuse and neglect carry at most 12-15 for child well-being in the active cases per month.8 However, the harsh reality is the recommended country caseload is habitually exceeded and many of these cases involve more than one in the courtroom and the community. A an annual credit report for youth in child. According to a study conducted CASA acts as the eyes and ears of the custody and foster parent rights. The bill by the U.S. Government Accountability judge – is the voice of the children they also included a new requirement which Office, the average social worker handles represent and are typically assigned to intends to improve program planning 24-31 cases at a time.9 A 2010 report the most difficult, high profile and high- and monitoring through a mandated found that for two Oklahoma workers, risk cases in the state. Advocates are submission of an annual report to the one has a 27 children caseload while also required to submit reports to the court Governor and Legislature, which will overseeing 43 children while the other with detailed factual information and include statistics regarding child welfare had a 31 children caseload but was truly sound recommendations designed to caseloads and salaries, the total number overseeing 60 children.10 With numbers offer a child-focused, objective third- of children in custody, a census of like this it begs the question – why is party opinion. approved foster homes, and the number more not being done? House Bill 1832 was prompted by a of children in placement.13 SB 727 However, many people are unaware passed unanimously and was signed into of non-profit organizations such as The Child Welfare League of law by the Governor on May 25. Court Appointed Special Advocates There is much to be done on the for Children (CASA) that work American recommends that front lines of child welfare and great collaboratively with DHS. Title 10A of workers investigating allegations strides that can be made through child the Oklahoma Children’s Code provides advocacy. While the 56th Legislature the appointment of an advocate to serve of abuse and neglect carry at most struggled this session with a daunting as an officer of the court in the capacity 12-15 active cases per month budget they succeeded in securing of a guardian ad litem.11 A CASA is federal funding for DHS and took a volunteer who serves without any request from the agency and sought to proactive measures in improving a vital compensation and receives extensive amend several sections of Title 10A, state agency. Large scale cuts to DHS training from child psychologists, former the Oklahoma Children’s Code.12 were avoided at the eleventh hour but social workers, attorneys and judges. Not This change in statute would allow the agency remains underfunded and only does this partnership save the state DHS to remain in federal compliance understaffed. With more budget issues money, but CASAs provide a crucial and preserve their federal funding awaiting in coming sessions it is only service to the well-being of children despite concerns about budget cuts. a matter of time before DHS takes navigating the state system. The role of an The bill passed unanimously in both a hit that puts the children in its care, advocate is to represent the best interest chambers but died late in the session and services it provides, in jeopardy. of abused and neglected children both during conference due to procedural The Legislature must remember the issues. In an effort to salvage the DHS critical role of DHS while considering Oklahoma Dept. of Human Services. Okdhs. org., pp. 2, 2016. request, the language from HB 1832 innovative solutions as demonstrated by 7 Oklahoma’s Children 2017 at a Glance Sheet. was rolled into Senate Bill 727. Several the success of CASA. Public support and The Child Welfare League of America. Cwla. issues were addressed and expanded partnerships with non-profits could go a org. 8 Child Welfare Information Gateway. CWLA upon: the process of investigations long way towards reducing caseloads and Caseload Standards. Childwelfare.gov. involving abuse and neglect, providing increasing outcomes for those navigating 9 U.S. Government Accountability Office. a timeline for removal, foster care the DHS system. Caseloads to Recommended Standards. Figure 3, pp.15, March 2003. placement preferences and guidelines, 10 Ellis, Randy. “Report decries Oklahoma DHS dissemination of information, providing caseloads.” NewsOK.com. NewsOK, 25 Mar. 13 Legislative Services Bureau. Oklahoma House 2010. Web. 15 June 2017. of Representatives. Bill Summary for SB 727. 11 10A Okla. Stat. § 10A-1-4-306.(2014). 12 10A Okla. Stat. § 10A-1-1-105 (2014). 17 May 2017.

44 • Human Services 2017 Oklahoma Policy Review Budget & Finance

Total bills: 45 Signed: 45 Vetoed: 0

Agencies with largest funding RECURRING REVENUE STREAMS ONE TIME REVENUES increases: 1. Attorney General: 59.17% TOTAL: 2. ABLE: 38.3% Vehicle Use Tax: 3. Board of Mediological Investigations: $110,908,950 25.4% $368,700,883

4. University Hospitals Authority: 8.0% Increase PT on Transfer ROADS Funds: 5. Dept. of Rehabilitative Services: 7.7% Certain Exempt Wells: Others: $94,989,966 $48,018,458 $100,000,000 Agencies with largest funding REAL ID licenses: Use of Rainy Day Funds: decreases $17,860,182 Vehicle taxes Other taxes 1. State Bond Advisor: -100% (consolidated) $83,000,000 and licenses 2. State Fire Marshall: -100% (consolidated) Cigarette Smoking Cessation Fee: $214,000,000 Transfers from agency revolving funds: OTHERS: $75,401,065 3. Horse Racing Commission: -100% (made non-appropriated) Sales and Beverage taxes 4. OMES: -5.21 $60,299,818 use taxes and licenses 5. 29 other agencies: -4.87% SINCE FY 2009, 39 OUT OF 73 AGENCIES HAVE NOW BEEN CUT BY 20 PERCENT OR MORE. Transfers from CIRB Funds: $50,000,000 Gross production Cigarette and taxes tobacco taxes FY2018 APPROPRIATIONS

EDUCATION GENERAL GOVERNMENT & HEALTH AND HUMAN NATURAL RESOURCES AND PUBLIC SAFETY AND Income taxes Motor fuel taxes TOTAL: ($3,377,412,874) TRANSPORTATION SERVICES RECREATION JUDICIAL TOTAL: ($304,937,879) TOTAL: ($2,312,712,553) TOTAL: ($109,103,610) TOTAL: ($737,323,152)

Other Agencies Other Agencies Other Agencies ($114,677,722) ($14,816,626) Other Agencies ($46,746,789) Other Agencies ($37,819,554) Department ($25,135,640) Commissioner of House of of Health the Land O ce OIDS Representatives ($53,083,790) Oklahoma Corporation ($8,538,600) ($15,960,193) ($11,888,612) Commission O ce of ($9,686,724) District Attorneys Oklahoma Center for Legislative Services JuvenileAairs and District Advancement of Bureau ($91,531,914) Historical Society Attorneys’ Council Science & Technology ($13,795,585) ($10,905,904) ($13,442,892) Department of ($32,789,853) O ce of Management Mental Health Department of Tourism Department of Career and Enterprise Services and Substance Abuse and Recreation District Courts & Technology Education ($33,433,288) ($327,990,166) ($16,491,208) ($54,615,000) ($112,515,558) Oklahoma Tax Department Department of Department of State Regents for Commission of Human Services Commerce Public Safety Higher Education ($44,025,648) ($699,912,926) ($20,817,997) ($95,381,531) ($773,597,660) Department of Oklahoma Health Department of Department of Department of Education Transportation Care Authority Agriculture Corrections ($2,448,399,829) ($155,047,956) ($1,025,516,034) ($23,066,136) ($486,011,555)

Oklahoma Policy Review • Volume 2 Budget & Finance • 45 The Budget Cycle Continues

By Daniel Pae For the past few years, Oklahoma’s state legislature has faced significant budget deficits that required substantial debates regarding what services and programs should be prioritized. There are quite a few reasons for the current volatile fiscal environment. For example, the boom- and-bust cycle of oil and gas production has contributed to an unstable revenue source. Moreover, legislators disagree on the way to close each year’s budget shortfall, and the annual budget does not become the main focus until towards the end of each legislative session. Perhaps the most significant cause of the recurring budget issues is Oklahoma Democratic and Republican state lawmakers have different opposing ideological approaches from haircuts to utilities.4 One small part percent.7 According to Minority Leader for ensuring long-term fiscal stability. of a solution reached this session was to Scott Inman even though members of The situation demanded serious increase sales tax by taxing all online sales the majority caucus support the need policies from legislators to address the correctly. There is no doubt that the sales for revenue-raising proposals, both the ongoing fiscal challenges for the state. For tax revenue lost due to online shopping Speaker of the House and President Pro instance, the State Equalization Board and volatility in the energy industry Tempore oppose the gross production certified $6.03 billion in available revenue has contributed to the current state of tax increase, so there will not be a vote for next year, which is $748 million less Oklahoma’s economy, which leads to on the House Democratic plan. Inman than this year’s initial appropriation.1 difficult policy choices.5 criticized Oklahoma’s state legislature The Equalization Board also declared During this past legislative session, by underscoring how it believes just like a mid-year revenue failure for FY 2017, the House Democratic caucus unveiled the Kansas state legislature that “you which triggered a 0.7 percent across-the- the “Restoring Oklahoma Budget can cut your way to prosperity—cut board cut to agency allocations from the Plan” that included over $1.4 billion taxes and then cut funding for education General Revenue Fund. Since FY 2009, in revenue proposals.6 This budget and somehow the state will be better. 39 out of 73 agencies have now been proposal prioritized a teacher salary That’s failed in Kansas, and it’s failed cut by 20 percent or more.2 The loss in increase, support for rural hospitals and in Oklahoma.”8 He emphasized that revenue related to income tax cuts since investments in public transportation nothing will change with respect to the 2004 has been $1.022 billion annually, and public safety. Its largest revenue state’s budget situation until they address and the tax cuts for oil and gas production source stems from increasing the gross the loss of recurring revenues like income have cost the state over $600 million in production tax from two percent to five tax cuts and gross production tax cuts. FY 2015 alone.3 S&P Global ratings did just that in march. Governor Fallin proposed a $1 billion Oklahoma’s general obligation bond debt revenue-raising plan that includes 4 Trevor Brown, and Mollie Bryant, “Time to rating dropped from AA+ to AA and the Panic? Policymakers, Public Divided on ‘Dire’ increased taxes on gasoline, cigarettes, Budget Warnings,” OklahomaWatch.org, February state’s appropriation debt was lowered and 164 different types of services ranging 27, 2017, Accessed March 17, 2017 from AA to AA-.9 5 “Gov. Fallin Addresses Budget Crisis, One- Time Revenue Sources in ‘State of the State,’” KFOR.com, February 6, 2017, Accessed 7 Id. 1 “Budget Trends and Outlook - March 2017,” March 17, 2017 8 Interview with Scott Inman. OKPolicy.org, March 8, 2017, Accessed March 6 Angela, “House Democrats Unveil ‘Restoring 9 Murphy, Sean. “S&P Lowers Oklahoma’s 17, 2017 Oklahoma Budget Plan,’” Oklahoma Bond Rating Amid Revenue Failure.” 2 Id. Democrats, March 23, 2017, Accessed March Associated Press, 1 Mar. 2017. Web. 30 June 3 Id. 24, 2017 2017.

46 • Budget & Finance 2017 A common strategy for closing and gasoline because they argued the Republicans and Democrats will have to budget deficits is dipping into the focus should be on recurring revenue come together. This requires developing state’s Rainy Day Fund. However, options. These include increasing the budgets that utilize recurring revenue an October report from Moody’s income tax rate for top earners, creating sources, which will create a more stable Investor Services warned that “continued a sales tax for Internet purchases, and fiscal environment. None of this will be use of one-time revenues to address reducing tax breaks for oil and gas easy but it will certainly be necessary for future budget gaps” and a “depletion of production.12 Unfortunately, none of the future success of this state. state’s financial reserves” could lead to a these ideas were integrated into the final downgrade of the state’s credit rating.10 $6.8 billion budget, which was nearly This would lead to higher interest rates $38 million less than last year’s budget.13 that make borrowing much more costly While the core services of common and challenging. The state legislature education, health and human services, $6B has to find other, long-term strategies for and public safety received no cuts, many in certified addressing budget deficits. agencies were assigned some type of cut. The last two weeks of this session were Additionally, a $1.50 fee on cigarette revenue devoted to a robust debate on how to close packs was a part of the final budget, and $748 the nearly $900 million budget shortfall there are some lawmakers who believe without relying on draconian spending this revenue package that passed during million cuts or gimmicky revenue measures. the last week of the legislative session is Negotiations between Democratic unconstitutional and thus may require a and Republican chamber leadership special session. concluded in a stalemate due to significant The end result of this session returned disagreement on a percentage increase on Oklahoma again to the status quo of the gross production tax for oil and gas funding government through one time or companies.11 Democratic lawmakers also short term solutions. To end this cycle, opposed increasing taxes on cigarettes without an unexpected and sudden less than initial boom period in oil and gas prices, both approproations 10 Trevor Brown, and Mollie Bryant, “Time to Panic? Policymakers, Public Divided on ‘Dire’ Budget Warnings,” OklahomaWatch.org, February 12 “2017 Policy Priority Priority: Revenue 27, 2017, Accessed March 17, 2017 Options for a Better Budget.” OKPolicy.org. 11 Jennifer Falsetti, “Past the Deadline, and February 9, 2017. Accessed May 23, 2017. Still No Budget Agreement from Oklahoma 13 Katrina Butcher, “Governor Mary Fallin Signs Lawmakers,” OKCFox, May 22, 2017. $6.8 Billion Budget Bill,” KFOR.com, May 31, Accessed May 23, 201 2017. Accessed June 1, 2017.

Oklahoma Policy Review • Volume 2 Budget & Finance • 47 OPINION THE ROLE OF CITIZEN POTAWATOMI NATION IN OKLAHOMA AT A GLANCE

Linda Capps: Vice Chairman initiatives we fund, in which we served more than 1,600 Oklahomans Citizens Pottowatomi Nation through our Workforce & Social Services Department in the last fiscal year. Despite being in Oklahoma long before the idea of the state was While CPN prides itself on how to do business outside of the gaming conceived, there remains a gap in understanding the impact and sector, it’s not just about making dollars and cents. The tribe focuses unique role that tribal nations play here. Often times, the most visible on using its revenues and grant funding opportunities to alleviate the manifestation many Oklahomans witness of tribal nations focuses on burden on our community partners where gaming and casinos. Yet like an iceberg, necessary. that first visual is deceiving, with so much Every Native American patient eligible more below the surface. to visit a doctor at one of our two clinics Citizen Potawatomi Nation, whose is one less person in the waiting room of a jurisdiction extends into the far eastern local doctor’s office. reaches of Oklahoma City’s metro area and In 2016, our health services conducted runs east to the Seminole County line, has a 147,306 physician visits, 7,330 dental visits huge economic impact in our surrounding and filled 225,811 prescriptions. communities. While our gaming facilities The tribal transportation program, a at the Grand Casino Hotel and Resort and public transit program available to all FireLake Entertainment Center draw in Oklahomans living in our largely rural visitors from around the world, commercial tribal jurisdiction, provided more than enterprises like FireLake Ball Fields bring 25,000 rides in 2016, while our nutrition dozens of teams each weekend to compete initiatives served 19,714 meals for our in competitive softball tournaments. FireLake Bowling Center has elders over the same period. become a regular host of Professional Bowlers Association events Our tribe knows what it is to pull together and do the best we can throughout the year, while concerts by a wide array of performers for our community, whether Native or non-Native. This has been entertain in the 5,000 seat FireLake Arena. The area’s only public evident in our ownership of assets and support of operating costs for course, FireLake Golf Course, hosts tournaments and open play Pottawatomie County Rural Water District 3, which provides clean, throughout the year, and is home to several small town school golf potable water to our otherwise water-stressed neighbors in the county. teams. The water district, which operates at a financial loss, has doubled Through sound fiscal management, Citizen Potawatomi Nation its number of customers and its water treatment capacity in the past has helped serve rural Oklahoma banking and lending through two of eight years. You may have heard of some of those customers; they its distinct financial institutions. First National Bank & Trust Co. is the include the towns and school districts of Dale, Wannette and Asher. largest tribal-owned bank in the United States, with seven branches in It isn’t just water infrastructure that Citizen Potawatomi Nation, five Oklahoma towns between Shawnee to Lawton. These branches but also the very roads Oklahomans travel on. Through the use of play a vital role in lending and banking for customers who may live federal grant funding available to tribal nations, CPN infused $2.6 outside of major metropolitan areas where large, multinational banks million into our county roads, sidewalks and trails in 2016. feel they can’t make a profit. What does this all add up to? A more than $500 million economic Meanwhile, the Citizen Potawatomi Community Development impact on the local community in central Oklahoma, including Corporation fills a gap in commercial lending and financial counseling $130 million paid in local wages and benefits to more than 2,400 full services for Native American entrepreneurs and small businesses. and part time employees. It doesn’t stop there though, as our own It is the largest tribally-owned community financial development employees and services also support an additional 2,000 individual institution in the U.S., and has secured millions in re-lending capital jobs that work with our enterprises and tribal departments and for an array of businesses, communities and institutions across customers. Oklahoma like Saint Gregory’s University. Our employees are a giving bunch, in part because they live and Speaking of education, the tribe has long been an advocate of work in the communities in which the Citizen Potawatomi Nation propelling our members forward through support for students at the serves. Between tribal employee volunteer hours and monetary local and university level. A percentage of fees from all tribal license donations from CPN, in 2016 alone the tribe provided approximately tag sales are sent to the Oklahoma school district of the owner’s $3 million to local charities, community groups and universities. choice, an infusion of hundreds of thousands of dollars into our Next time you’re driving along Interstate 40 and see those bright public education system annually. In order to prepare our members lights at a tribal gaming location, know that you’re only getting a for careers, CPN provided more than 2,800 scholarships worth $6 glance of what Oklahoma’s Indian Nations do. There’s a lot more million in 2016 alone. This doesn’t include the workforce training than meets the eye.

48 • Budget & Finance 2017 OPINION KILL JOY

By Lt. Betsy Randolph, Oklahoma Highway Patrol Names. They seldom bother me anymore. Being in Law Enforcement since the early ‘90’s, I’ve been called every name possible. One that I actually like is “Kill Joy.” Never heard of it? That’s okay, I’ll explain. The misconception about people in law enforcement is that we are out to ruin people’s day. As if we get some sick pleasure in writing a $300 speeding ticket to someone. Okay, that part might be true on rare occasions, but really, most law enforcement officers just want people to be safe. When it comes to being behind the wheel of a motor vehicle, police officers, troopers, and deputies, all want one thing…for you to devote your full time and attention to operating your motor vehicle in a manner that’s reasonable and proper—in other words, safely. Distracted driving comes in all forms. Drinking and driving still A rising epidemic in our nation, Oklahoma specifically, is texting ranks high among distractors, but texting, drugged driving, using and driving. The stats are still being collected on last year’s motor a navigation system, visiting with passengers, adjusting the stereo, vehicle crashes involving distracted drivers, but for 2015, 3,477 eating, drinking, or other distractions outside the vehicle all cause people were killed nationwide, and 391,000 were injured. That’s collisions and some of those collisions are deadly. Any activity that ridiculous! diverts your attention away from driving must be eliminated or The National Traffic Safety Administration (NHTSA) says, drastically reduced to ensure your safety and the safety of those “Sending or reading a text takes your eyes off the road for 5 seconds. around you. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.” U DRIVE. U TEXT. U PAY. Who would do that? Especially when you consider road The minimum fine for distracted driving in Oklahoma is $100. construction, debris, unexpected traffic or pedestrians can suddenly The Oklahoma Highway Patrol knows full well the effects of appear in the roadway at any given time or place. Who would take distracted driving. On January 31st, 2015, Trooper Nicholas Dees that chance? Apparently a large number of people do. NHTSA #731 was out of his patrol car working a collision when he was run reports that approximately 660,000 drivers are using their cell over and killed by a man posting on social media. Trooper Dees left phones while driving. Our teen drivers are reportedly the largest behind two young daughters, his wife, and scores of other family group of distracted drivers involving fatality collisions. members and friends who say the cost of texting and driving is too high a cost to pay. So yes, I suppose law enforcement officers can be “Kill Joys” sometimes, but it all boils down to safety: Safety for you, other drivers, and for us. Please, don’t allow yourself to be distracted by anything while you’re driving.

Oklahoma Policy Review • Volume 2 Budget & Finance • 49 OPINION END OF SESSION COMMENTARY Oklahoma Senate President Pro Tempore Mike Schulz: burden of this year’s budget shortfall was once again pushed onto low- and middle-income families while sparing the wealthiest households and “The Oklahoma Senate worked this session with the goal of ensuring corporate interests. The last chance for a teacher raise this year was de- the policies we enacted had long-term vision and set Oklahoma on the railed by the Senate’s refusal to cap itemized deductions for very wealthy path to success now and years down the line. Despite a session that was households. This problematic budget was forced through with little time dominated by the $1 billion shortfall, the Senate was able to enact im- for Oklahomans to see what was in it or voice their concerns. portant policies that will help grow our economy, create jobs and generate wealth, and yield new revenues for the state budget. The Energy Jobs Amid these failures, we see an undercurrent of hope for Oklahoma’s Act of 2017 will help kick start oil and gas drilling, allowing the indus- future. This year, more than ever before, numerous informed, engaged try to help lead Oklahoma’s economic recovery. And getting Oklahoma Oklahomans regularly came to the Capitol or worked within their com- in compliance with the federal REAL ID law ensures Oklahomans can munities to advocate for better state policies. Popular outcry was key to maintain access to military bases to support our service men and women stopping Oklahoma from moving backwards by allowing an expansion and board domestic flights with state issued ID,” said Schulz, R-Altus. of predatory lending practices or rolling back the smart on crime reforms of State Question 780. Revenue ideas that had never been seriously con- “The budget process was difficult this year. The Oklahoma Senate sidered before, despite years of failing budgets, were on the table in final showed its willingness to compromise – passing a revenue bill that would negotiations. Legislative leadership ultimately failed to reach a bipartisan have meant $514 million in new, recurring revenue for the state. But with- deal on the budget or prevent one member from derailing the work of the out compromise from others in budget negotiations, we couldn’t reach a majority on criminal justice. But beneath that leadership failure is a rising deal and moved forward. Initially, 18 – 20 percent cuts were feared at the group of lawmakers and regular Oklahomans who are eager to do better. outset of the year. But the budgets of common education, the Depart- ment of Corrections, the Department of Human Services, the Oklahoma Better policies fell barely short of the finish line this year. We are excit- Health Care Authority, and the Department of Public Safety were kept ed to work with the lawmakers and other Oklahomans who are ready to whole while other agency cuts average less than five percent. Like most carry that progress over the line, next year and beyond.” budgets passed by the Legislature, the FY’18 budget is not a perfect bill but it is an incredible accomplishment considering the Legislature had to Oklahoma Oil & Gas Association Vice President deal with a budget hole of $1 billion and some refused to compromise.” of Communications Donelle Harder:

th “This was a challenging session, but I’m proud of every member of the In conclusion of the first regular session of Oklahoma’s 56 Legislature, Oklahoma Senate for their dedication to our state and willingness to put the oil and natural gas industry will face an additional $141 million in our state above partisan politics. I’m proud to lead this chamber and want new taxes for fiscal year 2018. The tax increases were passed in bills HB to thank each senator for their service to Oklahoma.” 2377 and HB 2429, making it the third year in a row for Oklahoma to increase the oil and natural gas industry’s tax burden. Oklahoma Policy Institute Executive Director David Blatt: HB 2377, authored by Appropriations Chairs Rep. Leslie Osborn “If we look only at the bills that made it through the full legislative and Sen. Kim David, and presented by Rep. Jon Echols and Sens. Rog- process to be signed by the governor, most Oklahomans would view this er Thompson and Bryce Marlatt, ended all gross production tax (GPT) year’s legislative session as a disappointment. Lawmakers entered the ses- rebates. This simplifies and enforces a clear two-tiered GPT structure of sion knowing they needed to confront big problems — like uncompetitive 2 percent for 36 months and 7 percent thereafter for the life of the well, pay that is draining away our most skilled teachers and state workers; which is more than 30 years. The Oklahoma Tax Commission estimated a failing, hugely expensive criminal justice system; long waiting lists for HB 2377 would result in net positive revenue of $46.3 million in fiscal mental health treatment, at-home disability care, and other key health year 2018. services; and a budget that every year falls further behind what’s needed to keep our state prosperous and safe. As the session limps to a close, law- HB 2429, authored by Appropriations Chairs Rep. Osborn and Sen. makers have failed to address any of these problems. David, and presented by Rep. Kevin Wallace and Sens. Marlatt and Thompson, changed the tax rate on more than 5,700 producing wells This failure is especially disappointing when we consider the promises from 1 percent to 4 percent for the remainder of the 48-month time pe- made earlier in the year. Throughout legislative session, lawmakers re- riod. HB 2429 applies to horizontal wells that were spudded on or prior peated again and again that they would find funding to provide a teacher to July 1, 2015, before the current, permanent two-tiered GPT structure raise. Governor Fallin, legislative leaders, and experts in the community took effect. The Oklahoma Tax Commission estimated the legislation and law enforcement came together to develop a strong, well-thought-out would result in net positive revenue of $95 million for fiscal year 2018. agenda for criminal justice reform. Hundreds of advocates and lawmak- th ers came to the table with practical revenue solutions to fund essential “The 56 Legislature faced significant challenges this session, and we services and fix Oklahoma’s long-term budget outlook. appreciate the long hours and time away from family that they took to seek agreement on many critical issues,” said Chad Warmington, president of OKOGA. “The greater disappointment in this session is that a small group of Legislators blocked a compromise on reasonable funding By these efforts, we came close to achieving big advances for Oklaho- solutions to help the state address its budget shortfall this year without ma families, only to crash against obstruction and gridlock in the final significantly affecting economic growth and job creation. Due to this im- days of session. What emerged was a last-minute budget with more dam- passe, the Legislature passed a risky solution to address state funding by aging cuts as well as legally questionable revenue measures. Most of the increasing taxes by roughly 300 percent on thousands of currently pro-

50 • Budget & Finance 2017 ducing wells. It will serve as a determent in the future for any growing Our focus at the State Chamber is on ensuring that businesses in industry who sees that Oklahoma will change the game on its promises Oklahoma are able to thrive and create jobs, now and for the future. A once the investment is made.” competitive tax structure, stable funding and an educated workforce are vital to our success as a business community and as a state. It would be a Over the past three years, the state has increased taxes on the oil and travesty if we continue to operate in this manner, and we are hopeful that natural gas industry in the following ways: the Governor and the Legislature will work with the business community to develop a bold agenda and a sustainable budget for next year.” In 2017, the oil and natural gas industry will pay an additional $141 million in tax increases by ending all GPT rebates and by changing the ACLU of Oklahoma Response to Oklahoma House’s Shame- rate on horizontal wells with a 1 percent GPT rate for 48 months to 4 ful Scuttling of Criminal Justice Reform Measures percent for the remainder of time for the initial lower rate. Ryan Kiesel, Executive Director; Brady Henderson, Legal Director; In 2016, the oil and natural gas industry paid an additional $120 mil- Shinn, Director of External affairs lion in tax increases when the state placed a cap on the economically at- risk well rebate and limited the amount of production wells would qualify Blame for the Oklahoma House’s shameful last-minute scuttling of for the rebate. monumental criminal justice reform measures with overwhelming bipartisan support falls squarely on House leadership. Despite having a clear In 2015, the state increased taxes on horizontal drillers by 100 percent, mandate from voters to reverse the unsustainable and destructive course when it implemented the permanent two-tiered GPT rate for all wells of of Oklahoma’s overly harsh, discriminatory, and counterproductive 2 percent for the first 36 months and 7 percent for the remaining life of criminal justice system, House leaders tucked tail and capitulated to out the well, on average more than 30 years. of touch, taxpayer subsidized lobbying groups.

In 2015, the state also eliminated more than half of the GPT rebates, While the public face of this cowardly act of obstructionism has been six of the 11 rebates of which some had existed dating back to the early Rep. Scott Biggs, R-Chickasha, a deeper scorn should be directed at 1990s. House Speaker Charles McCall, R-Atoka. Speaker McCall may have for the time being escaped blame for this embarrassment, but history will In the state of Oklahoma, the oil and natural gas industry pays the hold him accountable. Only the weakest of Speakers would pretend that following state and local taxes: petroleum excise tax, state land office min- obstinate committee chairs like Biggs are beyond their control. There is eral revenue tax, state sales and use tax for industry sales, state sales and only one member of the House of Representatives who has the power to use tax for industry purchase, corporate income tax, personal income keep the entire body from casting an up or down vote on any bill and that taxes, energy resources revolving fund tax, marginal well tax, GPT, local is the Speaker of the House. property taxes, and local sales and use tax. “This is a transformative moment for criminal justice reform and leg- “The oil and natural gas industry is the single largest tax contributor islators had an opportunity to seize that momentum and be leaders in to the state budget, and this is the third year in a row the state will fur- ending the suffering Oklahomans are enduring daily in a state criminal ther increase its dependency on the industry with additional tax increas- justice system that has reached crisis-level status,” said Ryan Kiesel, Exec- es,” added Warmington. utive Director at the ACLU of Oklahoma. “But instead of leading, they State Chamber of Oklahoma President and CEO, capitulated to a small group of politicians whose political and financial Fred Morgan: interests are married to the broken status quo. By killing this widely-supported plan, Speaker McCall subverted the will of the voters, ignored his “While we understand the difficulty this session presented, the budget own membership and disrespected an overwhelming coalition of sup- process in the Legislature this year has been extremely frustrating. Like porters who came together to demand action before it is too late. Speaker many Oklahomans, the business community has been disappointed by McCall should be as ashamed of himself as many Oklahomans – includ- the political gamesmanship and dysfunctional approach to the formula- ing his own colleagues – are of him.” tion of the budget. Hospitals are closing, school weeks are being short- ened due to lack of funding and economic development opportunities are A package of bills recommended by the Governor’s Criminal Justice being missed. Structural deficits were not addressed, so the revenue and Reform Task Force advanced through the Legislature with strong support spending problems will reoccur next year, if not sooner. early in session. Governor Fallin herself played a consistent leadership role through this whole session. By recognizing the need for immediate This is not what Oklahomans deserve. We need long-term vision and reforms, proposing thoughtful, evidence based solutions to our crisis, and strong leadership from our elected officials. The State Chamber stands using her political capital to push a smart justice agenda, the Governor ready to work with the Legislature, the Governor and leadership to de- has proven her commitment to this worthy cause. In another catastrophic velop budgetary and policy solutions. These discussions need to begin budget year, the bills presented a chance to save nearly $2 billion in inef- immediately, not in the final hours of a hectic legislative session. fective corrections spending by reforming Oklahoma’s justice system to resemble the more humane, cost-effective systems other states and coun- While this session fell short of expectations, the business community tries have adopted with proven success. saw a number of positive policy advances. Through the passage of the Oklahoma Energy Jobs Act, the Aerospace Engineering Incentives and Despite overwhelming support for these evidence based reforms, in the the much-needed reforms to the A-F grading scale, key legislation passed final month of session, McCall and Biggs tried to quietly sweep those bills that will set the groundwork for the heavy-lifting needed next session. In under the rug. When it blew up in their faces the last week of session, they addition, the bill to review agency spending will promote efficient gov- doubled down and killed the bills. ernment, and important reforms to the General Corporation Act will align Oklahoma with the national gold standard for business incorpora- “It appears the supposed support for reform House leadership ex- tion practices. pressed this session was a lie all along. It is not hard to conclude that Speaker McCall planned the demise of this proposal months ago, but

Oklahoma Policy Review • Volume 2 Budget & Finance • 51 strung it along under false pretenses as a negotiation chip to extract what regroup, we will continue to insist on necessary reforms, and we will pre- he wanted from the Senate and Governor Fallin this session, all the while vail,” said Kiesel. “The people of Oklahoma are desperate and their calls cultivating a public image of someone committed to reforms. It was poli- cannot and will not go unanswered.” tics at its worst, and voters should not forget it,” Kiesel said. “These antics combined with the shell game that was played with teacher pay raises this The full package of ten criminal justice reform bills received support session offer hard evidence that the majority in the House of Represen- from a wide, bipartisan coalition. While many have died in committee, tatives are working to actively deceive the people of Oklahoma by hiding the bills are all still eligible to be heard again in the 2018 Legislative Ses- what they’re actually up to.” sion. With more support than ever before, coalition members remain confident that they can bring meaningful criminal justice reform to Okla- How it happened homa, regardless of this session’s reprehensible obstructionism.

In December, in one of his first acts as speaker, McCall made the Governor Mary Fallin Signs Budget Bill, Highlights Successes shocking decision to appoint Biggs – the Legislature’s leading propagan- in 2017 Legislative Session dist opponent of reform – as chairman of the Criminal Justice and Cor- rections Committee. Governor Mary Fallin

In January, McCall displayed astonishing incompetence on the topic “Developing a budget in this difficult fiscal and political climate is of criminal justice when he told a chamber legislative breakfast that Okla- never easy. This plan keeps our government from shutting down and, homa should be proud of its high incarceration rates because it shows the despite challenging circumstances, funds our core mission services. We state takes public safety seriously, eliciting groans in the audience. worked hard to protect key core services – common education, health and human services and public safety. This budget minimizes cuts and In her State of the State Address, Governor Fallin expressed strong puts some recurring revenue on the table. It repeals certain exemptions support for the Task Force bills, a stance she defended throughout the in the sales tax code. session. “It also modifies the incentives on the gross production tax from 1 In February, McCall did nothing as Biggs pushed forward House Bill percent to 4 percent on current producing wells that were drilled between 1482, a piece of divisive, insulting, unnecessary legislation that subverted July 1, 2011, and July 1, 2015,” “That will provide about $92 million for the will of the people by rolling back State Question 780, which had just the 2018 fiscal year budget. Various rebates for the oil and gas industry been approved by Oklahoma voters in November and reclassified simple that cost the state about $46 million a year have been suspended next drug possession as a misdemeanor instead of a felony. year. Of the $878 million shortfall facing lawmakers this session, about $140 million is being made up from the oil and gas industry. In March, despite widespread public outrage, McCall granted a floor hearing to House Bill 1482, which passed by one vote. McCall voted “It is not an ideal budget, but it avoids draconian cuts to our core yes. When the Senate quickly denied House Bill 1482 a hearing, Biggs services such as education, health and human services, and public safety; reportedly vowed to exact revenge on reform supporters by scuttling the unfortunately it leaves many agencies facing cuts for the 6th year in a task force bills. Again, he found an ally in McCall, who assigned several row. It puts some recurring revenue on the table, but does not address the Senate bills containing the task force recommendations to the committee structural budget challenges that I have been working to fix since I took chaired by Biggs instead of the Public Safety Committee chaired by a office. Year after year, I have repeated my warning about our reliance on reform supporter. one-time funding and our eroding tax base, and yet again we have crafted a budget that only fixes some of the defects in our funding formula. In April, McCall stood idly by as Biggs spread blatant misinformation about the bills to justify gutting them in committee and sending them to “There is still work to do. When legislators return next year, they will the Legislature’s secretive conference committee process. already face a $400 million hole caused by one-time funds and $100 million of obligations coming due over the next 12 months that will need In May, when a Republican Representative formally asked House to be paid. Hopefully, in the months that follow they will begin putting leadership to move the bills to his committee for a fair hearing, McCall together a plan to address the budget and fill that hole.” denied the request and allowed Biggs to retain jurisdiction. Supporters were repeatedly assured by House leadership that the bills would advance “My top priorities remain strengthening education and workforce, past Biggs to the House floor, but Biggs was instead permitted to abuse reducing the state’s incarceration rates and improving health outcomes. legislative procedures by delaying hearings, setting and canceling a series Whether it’s improving public safety, fixing our roads and bridges, boost- of meetings on little to no notice, and filibustering a meeting to prevent ing education or raising our health outcomes and indicators, the successes the bills from being heard. of this session to protect core services in the midst of an energy crisis will help to make Oklahoma a better place to live, work and raise a family,” In the final week of session, immense pressure from dozens of support- ive organizations was brought to bear – including some of the harshest “But we missed an opportunity to do more to reform our budget pro- criticism Gov. Mary Fallin has ever leveled against fellow Republicans cess and find efficiencies,” We still need to do more to address structural – calling upon Biggs and McCall to urge them to listen to the mandate imbalances in the state’s budget, fix problematic tax policies and make voters had given them and grant the bills a floor hearing. McCall never available more recurring and stable revenue. intervened, and Biggs used another procedural stunt the day before ad- journment to kill the bills for the year. “As this year’s session ends, I’m pleased that legislators approved a fee on cigarettes. Smoking is Oklahoma’s leading cause of preventable “We are saddened by the delay, but we are encouraged that reason death. Lawmakers approving an additional $1.50 per pack is the most will prevail eventually. Our allies span political parties, and reach to the important thing they could do to improve Oklahoma’s health ranking,” highest ranks of Oklahoma’s private and public sectors. Together, we will

52 • Budget & Finance 2017 OK Policy is an independent, nonpartisan, non-profit that provides factual information and advocates for fair and responsible public policies.

Visit our website and sign up for emails to receive daily news summaries, analysis of key policy issues, guides to the state budget and legislative process, and key data and infographics about Oklahoma.

All our information is freely available at www.OKPolicy.org. Get the numbers behind the news from Oklahoma’s reliable public policy think tank. SERVING OKLAHOMA WITH PRIDE. At IBC Bank, we share your passion for the great state of Oklahoma. We’re grateful to have the opportunity to join you in serving communities across the state. We look forward to future endeavors that will help bring growth and success to our great state.

For us, “We do more” isn’t just a slogan, it’s a commitment that we make each day to our customers and friends we serve. Stop by IBC Bank to learn more about what we can do for you. Or better yet, call us and we’ll come see you.