Volume 4 Policy Review 2019

Sponsored by: On June 20, 2019, the Oklahoma Small Business Development Center was asked to testify before the Small Business Subcommittee on Economic Growth, Tax and Capital Access in Washington, D.C., about the importance of the U.S. Census for small businesses. OKSBDC’s Jill Dietz testi ed that she and her OKSBDC collegues use census data to help small businesses determine brick-and-mortar locations, help develop data-supported marketing strategies or to perform a GAP analysis to determine untapped, potential customers. Dietz further stated that accurate census data helps her to advise business owners to maximize gains and justify spending, as well as fair market rents, insurance planning, asset acquisition, expansion and payroll decisions. Dietz emphasized that the 2020 U.S. Census is crucial to supporting small businesses across Oklahoma. Accurate demographic data is necessary for small businesses to help them make critical and meaningful business decisions. If you need market and industry research for your business, visit www.OKSBDC.org to register for assistance and schedule a one-on-one consulting session with an advisor.  at’s just one way OKSBDC is helping grow Oklahoma’s economy one small business at a time. OKSBDC can help your business with ... • Agri-business • Cash  ow management • Human resources • Business disruption management • Government contracting • Marketing and sales • Obtaining business nancing • Financial analysis • Market and industry research • Business startup • E-commerce • Strategic planning • Expansion and growth • International trade • Technology commercialization Funded in part through a Cooperative Agreement 580.745.2877 with the U.S. Small Business Administration. All opinions, conclusions, and/or recommendations [email protected] expressed herein are those of the author(s) and do not necessarily reflect the views of the SBA. www.oksbdc.org All programs are extended to the public on a non- discriminatory basis.

OKSBDC Journal Record OK Policy Review 2019.indd 1 6/28/19 10:03 AM Agriculture 4 Health Care 26 The Pros and Cons of Oklahoma’s Booming Poultry Industry ...... 5 Oklahoma’s Vaccine Divide: Legislation for Vaccine Education and Choice...... 27

Budget & Finance 7 Infrastructure 28 Railroad Bill Stays on Track After Significant Fine Decrease ...... 29 Turnaround At A Glance: Governor Stitt’s First Months in Office ...... 8

Judiciary 30 Education 10 4th Quarter Reform: Governor Stitt’s negotiations in the waning minutes “Figure it out as you go along”: Educators Turned Legislators Reflect on the of the legislative session delivered a much needed victory for criminal justice Legislative Session ...... 11 reform in Oklahoma ...... 31

Elections 14 Public Safety 32 A Cost To Bear ...... 33 A Tale of Two Bills: Oklahoma Lawmakers’ Changing Views on Voting Rights ...... 15 Opinion 34 Energy 17 The Time Has Come to Recycle Oklahoma’s Aging Wind Infrastructure ...... 18 Regulatory Affairs 35 As the Opioid Epidemic Rages, the Legislature and Attorney General Search for a Cure ...... 36 Executive Reform 20 Executive Reorganization in the State of Oklahoma ...... 21 Tribal Affairs 37 Silence: Oklahoma’s Latest Response to Tribal Freedmen ...... 40 Health & Human Services 23 The is Detmermined to Make Abortions as Incovenient as Veteran Affairs 41 Possible, Short of Banning Them ...... 24 House Bill 2362 and Oklahoma’s Evolving Code of Military of Justice ...... 42

Nat Barrack Wendy Martin Mailing Address: To order additional copies, Capitol Coordinator Graphic Designer 101 North Robinson Ave., Suite 101 please call: Oklahoma City, OK 73102 405-278-2875 Bo Broadwater Trait Thompson Phone: (405) 278-2875 or email: JRLRSales@journalrecord. Legislative Report Manager Cover Photo Credit FAX: (405) 278-2877 com 23rd & Lincoln Web Manager JRLR.net Legislativereport.com Technical or service questions, email: [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 2019. Oklahoma Policy Review • Volume 4 • 3 3 Oklahoma Policy Review Agriculture

Total bills: 63 Signed: 20 Vetoed: 1

FARMS OPERATIONS CROPS BY VALUE OF PRODUCTION TOTAL FARM ACRES: 34,200,000 #1 Hay - $490,938,000

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

4 4 • Agriculture 2019 The Pros and Cons of Oklahoma’s Booming Poultry Industry

By Austin Gibson-Black To begin, Oklahoma plays a large These facilities employ a total of 27,704 When one thinks of Oklahoma’s role in the poultry industry and ranks workers showing that a lot of people agricultural affairs, the common 13th in the United States in the value are required to move the 205 million 1 things that come to mind include of broiler production. What exactly broilers throughout the production 5 items such as cattle, wheat, cotton, or does being ranked thirteenth in the U.S. process. The resources and work are soybeans. Oklahomans, depending on mean for Oklahoma? It means that in well worth the final product, though. where they live, would consider one of 2017, approximately 205 million broilers, Close to 1.4 billion pounds of broilers those products to be the state’s largest which are small chickens ready to be were produced in 2017 which brought agricultural resource. One such thing cooked, were raised within the state in the total value of production up to a 2 people often overlook, however, is the 2017. The number of broilers, according staggering $745 million for the year. The importance of poultry in the Oklahoman to a similar USDA report, far outpaces value of production for poultry, however, agricultural sector and the number of the total number of cattle in Oklahoma is significantly smaller than that of value products it supplies to people across the which peaks at approximately 5 million of production of cattle which was over region. It is important to understand heads.3 A large number of poultry $3.4 in 2018.6 That value of production the large piece of the pie poultry houses are required to maintain these from poultry equates to the industry and represents in Oklahoma’s agricultural broilers which has led to the building its employees contributing $142 million economy. Additionally, one should be of over 2,400 permitted poultry houses in state taxes and $302 in federal taxes.7 aware of the important key problems in the state of Oklahoma as of August This brief overview provides a positive and solutions surrounding the industry 2018.4 With the massive quantity of look to the strength of the industry within and understanding how Oklahoma can broilers and poultry houses, there is a Oklahoma’s economy as it continues to pursue solutions that ensure the poultry large amount of resources required to thrive while providing jobs, goods, and industry continues to thrive. oversee the totality of these operations. tax revenue for the state.

1 Annual Poultry Review (August 2018). United States Department of Agriculture. National Agricultural Statistics Services. Oklahoma Field Office. 2 Facts and Figures: Oklahoma. The Poultry Federation. 2017. 3 Oklahoma. 2018 State Agriculture Overview. United States Department of Agriculture. National Agricultural Statistics Services. Oklahoma Field Office. 4 Killman, Curtis. A Loot At Poultry Operations in Oklahoma. Tulsa World. 5 Facts and Figures: Oklahoma. The Poultry Federation. 2017. 6 Oklahoma. 2018 State Agriculture Overview. United States Department of Agriculture. National Agricultural Statistics Services. Oklahoma Field Office. 7 Facts and Figures: Oklahoma. The Poultry Federation. 2017. Oklahoma Policy Review • Volume 4 Agriculture • 5 5 As noted previously, there are some “The major disease, Pullorum- https://www.thepoultryfederation.com/resourc- concerns surrounding the poultry Typhoid, is monitored statewide es/facts-figures Killman, Curtis. A Loot At Poultry Operations in industry in Oklahoma. Similar to other through the National Poultry Oklahoma. Tulsa World. Dec. 7, 2018. Accessed large-scale livestock operations, the Improvement Plan (NPIP). Apr. 29, 2019. poultry industry deals with the issue Oklahoma is a Pullorum-Typhoid https://www.tulsaworld.com/news/special- reports-databases/a-look-at-poultry-opera- of waste making it into drinking water Free state. As part of this program tions-in-oklahoma/html_ad56a7bd-39b1-592b- sources of Oklahomans. Also, the issue we instruct and certify individuals to 9f48-7032f43ae50f.html of diseases being found in poultry exists, be NPIP licensed poultry testers and Oklahoma. 2018 State Agriculture Overview. Unit- specifically, the disease pullorum- have over 700 poultry flocks certified ed States Department of Agriculture. National typhoid. free of this disease. Since Pullorum- Agricultural Statistics Services. Oklahoma Field The concern regarding Oklahoma’s Typhoid is spread through the Office. Accessed May 6, 2019. water stems from the pollution of https://www.nass.usda.gov/Quick_Stats/Ag_ egg to the newly hatched chicks, Overview/stateOverview.php?state=OKLAHOMA Oklahoma’s stretch of the Illinois river in each of Oklahoma’s commercial the Eastern part of the state where many Poultry. Oklahoma Agriculture Food and Forestry. hatcheries, as well as many of Accessed Apr. 27, 2019. poultry farms happen to be located. A the smaller hatcheries for quail, https://www.oda.state.ok.us/ais/poultry.htm once pristine river now maintains “green pheasant, turkey, guineas, grouse, Wertz, Joe. In Oklahoma, Critics Say Pruitt Stalled and murky” color and texture that has waterfowl, game birds, and chickens Pollution Case After Taking Industry Funds been plagued by algae blooms.8 Both of are routinely inspected to assure Special Series; Environment and Energy Collab- which are harmful to the wildlife that orative. National Public Radio. May 2nd, 2018. the disease is not present. State inhabit the area and can be dangerous Accessed May 3, 2019. and county fairs, exhibitions and https://www.npr.org/2018/05/02/607180065/ to humans. Environmentalists note poultry shows are routinely visited, in-oklahoma-pruitt-ended- environmental- that two things are at the root of the and poultry are tested to ensure no unit-declined-to-push-pollution-case river’s change; wastewater treatment presence of the disease.”10 plants and commercial poultry-growing OKLAHOMA POULTRY INDUSTRY BY The caution given by Oklahoma at the operations.9 The large amount of poultry THE NUMBERS (2016 TO 2017) forefront of the issue shows the great deal in certain areas means large amounts of of care that goes in to inspecting poultry manure and waste that is often used as National Ranking by Pounds Produced : fertilizer which then is able to run into to ensure its safety. The legislature always clean water sources and rivers. Such sees room for improvement however, 13th a practice is cause for concern due to and introduced several bills regarding Number of Birds Produced (1,000 Head) : the fact that chicken manure contains the inspection of food, including HB 204,500 phosphorus and E. coli. While companies 2301, which allows the State Veterinarian must now adhere to water quality to issue a stop order for livestock in the down from 209,700 state in order to determine the origin of standards, Oklahoma, during the first Number of Pounds Produced (1,000 Pounds): legislative session of 2019, attempted to diseases. The fact that this bill made it implement HB 2534, which would extend through and was signed by the governor 1,370,200 the current distance a poultry house is shows the attention Oklahoma gives to up from 1,363,100 required to be from certain structures ensuring that the food its citizens and such as homes, schools, and drinking- visitors eat is safe for consumption. Value of Production: water wells. Though the bill failed, it $745,389,000 shows that some in the legislature are Sources Annual Poultry Review (August 2018). United still seeking solutions ensuring that all States Department of Agriculture. National up from $651,562,000 Oklahomans have clean water. Agricultural Statistics Services. Oklahoma Field Top 5 Counties for Poultry Production: In regard to the issue of pullorum- Office. Accessed May 1, 2019. https://www.nass.usda.gov/Statistics_by_State/ Delaware, Adair, typhoid, the state does a great deal to Oklahoma/Publications/Oklahoma_Livestock_ ensure that the poultry in the state is safe. Reports/2018/ok-poultry-review-2018.pdf Muskogee, McIntosh, The Oklahoma Agriculture Food and Facts and Figures: Oklahoma. The Poultry Federa- Forestry page notes tion. 2017. Accessed, May 1, 2019. McCurtain

8 Wertz, Joe. In Oklahoma, Critics Say Pruitt Stalled Pollution Case After Taking Industry Funds. Special Series; Environment and Energy Collaborative. National Public Radio. 9 Wertz, Joe. In Oklahoma, Critics Say Pruitt Stalled Pollution Case After Taking Industry Funds. 10 Poultry. Oklahoma Agriculture Food and Forestry. 6 6 • Agriculture 2019 Oklahoma Policy Review Budget & Finance

Total bills: 541 Signed: 118 Vetoed: 8

OKLAHOMA FISCAL YEAR 2020 BUDGET HIGHLIGHTS

Savings: Infrastructure: Full funding for Oklahoma Additional $200 Department of Transportation’s 8-year plan. million to OK Rainy Day Fund

Public Safety: Funding for creation of two new trooper academies to supply state with additional 80 troopers by 2020.

Education: Additional $203 million for Public Education Formula as well as a $1,220 teacher pay raise.

Total Appropriations (In Millions): $7,999 up from $7,669 in FY 2019 Criminal Justice: $20 million to reform District Attorney Offices funding structure.

Agriculture: Additional $90,000 to hire another state veterinarian.

Economic Development: Additional $19 million for the state Quick Action Closing Fund to help attract businesses to Oklahoma.

Modernization: $15 million for digital transformation of government services as well as $1,300 pay raise for state employees. Health Care: $62.8 million for Graduate MEdical Education program to support physician training for rural hospitals.

Oklahoma Policy Review • Volume 4 Budget & Finance • 7 7 Turnaround At A Glance: Governor Stitt’s First Months in Office

By Cooper Kahoe of reforms designed to give his office Bill 2748 would provide a sales tax rebate Kevin Stitt campaigned last year on the greater control over a number of key state and pass-through status for so-called promise of an Oklahoma “turnaround,” agencies. Some of the first bills to receive Entertainment Districts—mixed-use his signature this year were those that development projects that include spaces a sea change in how state government would give the governor greater hiring for retail, dining, and entertainment— functions and a message of hope in and firing powers over agency directors that incur construction costs of $1 Oklahoma’s future as a “top ten state.” and establish more audits of agency million or more. Similar projects exist As Governor Stitt approaches six operations, especially in the use of state in neighboring states like Missouri and months in office and this year’s session funds. Despite criticisms of executive are designed to attract greater tourism of the Oklahoma legislature draws to a overreach, Stitt argued for these changes dollars and promote a development close, many Oklahomans are no doubt as an important cost-saving measure, a based growth strategy. wondering what lawmakers have done so task made much easier in the wake of Despite these novel initiatives, much far to deliver on the governor’s promised recent scandals revealing the Oklahoma of Stitt’s perceived future success will agenda. Not limited to any one policy Health Authority’s mishandling of state depend on how he addresses a number area, the legislature’s role in setting the dollars.2 Indeed, the governor has already of key popular demands that began state’s budget and finances this session claimed the reigning in of agencies as a gaining steam months before his offers perhaps the best indicator of the success after having clawed back some election. The fight for a teacher pay raise new administration’s priorities and what $30 million in emergency funds from the was perhaps the defining issue of last kind of reforms Oklahomans can expect State Health Department.3 year’s legislative session after thousands in the coming years. A key component of Governor Stitt’s of Oklahomans gathered at the State When Stitt took office, Oklahoma’s promised turnaround was his pledge to Capitol during last spring’s statewide finances looked much better than they promote economic growth in the state. teacher walkout. Both on the campaign had the year before. ’s 2019 One creative proposal that the legislature trail and in office Stitt has promised to budget, published last February, included was able to deliver on this year was to $507.6 million more dollars than the appropriate $19 million to the Quick previous year, with new monies coming Action Closing Fund, a cash fund primarily from tax hikes on cigarettes, designed to help close on deals involving gasoline, and the gross production out-of-state companies looking to 1 tax on oil and natural gas. Fallin’s relocate facilities to Oklahoma.4 The budget calculus also included roughly Governor’s office praised this idea in $350 million to be set aside for future its 100 Days report earlier in the year teacher pay raises, a popular demand as a measure that would help “recruit that dominated last year’s news cycle. job creators” to the state.5 However, the Given these moderate improvements to proposal initially faced tough questions a state budget largely defined by recent from House Democrats about whether shortfalls, Governor Stitt entered office millions of dollars meant to incentivize with more resources to work with and a private businesses wouldn’t be better greater flexibility to achieve his promised spent on addressing funding deficiencies goals. in key areas like infrastructure, Shortly after moving into the education, and healthcare. In line with governor’s mansion, Stitt began a series this same development strategy, House

1 https://okpolicy.org/the-fy-2019-budget-been-down-so-long-this-looks-like-up/ 2 https://newsok.com/article/5594965/state-grand-jury-to-report-findings-on-oklahoma-health-department 3 https://www.governor.ok.gov/static-assets/documents/100%20Day%20Accomplishments.pdf 4 https://kfor.com/2019/05/15/stitt-budget-plan-includes-employee-pay-raises-200-million-to-rainy-day-fund/ 5 https://www.governor.ok.gov/static-assets/documents/100%20Day%20Accomplishments.pdf 8 8 • Budget & Finance 2019 deliver on popular desires for a teacher to a shift in public opinion surrounding bill would help cover more Oklahomans pay increase in addition to the $6100 marijuana in recent years, much of the by expanding private insurance without raise signed into law by Governor Fallin support for medical cannabis among potentially placing undue constraints on last year. As it stands, this year’s general lawmakers this session comes from the taxpayers. Unfortunately, McCortney’s appropriations bill—the culmination of obvious economic benefits it promises to bill did not make it to committee and the legislature’s tireless work to come up bring to Oklahoma. With other states like died before even getting to the House for with new sources of funding and find Colorado experiencing strong economic debate. But it is possible that a similar savings—includes enough money for growth and increased tax revenues from plan will make it to the Governor’s desk an additional $1200 teacher pay raise as their state’s marijuana industry, ensuring in the coming years as pressure around well as a $203 million increase in public a clean transition on this issue fits with healthcare reform grows across the state. education funds from the previous year.6 Governor Stitt’s broader promise of One healthcare policy that Governor 7 In addition to the grassroots pressure economic development. Stitt was able to deliver on this year was exerted on the legislature from last This year also saw a renewed the inclusion of $29 million in next year’s year’s teacher strike, much of the energy discussion around the state of healthcare budget to establish a preservation fund behind delivering a robust education in Oklahoma with many Democrats to keep pace with changes in Medicaid budget came from fears that neighboring calling on the Governor to support provider rates.13 While this might be a states like Texas were enticing Oklahoma Medicaid expansion under former smart way to stabilize current Medicaid teachers to move south with the promise President Obama’s Affordable Care coverage levels, any long term solution of a higher salary.8 With Governor Stitt’s Act. Since the Act’s passage in 2013, to expand healthcare in Oklahoma will signature, the 2020 budget is a strong thirty-five states have accepted federal come with a much higher price tag. But indicator that this administration is dollars to increase coverage and expand it is likely that any healthcare bill with willing to at least begin making up for participation in the program.10 Oklahoma the potential to earn Stitt’s signature will years of lost opportunities on common remains one of fourteen states that have have to be carefully crafted to win the education. yet to join onto this part of the law and support of a new governor with a lifetime Another issue important to many voters advocates for expansion have argued that of experience in the private sector and a is how state government will respond to doing so would bring billions of federal deep skepticism of federal programs. the mandate set last November by the dollars into the state that could cover the It is far too early to tell if Governor passage of State Question 788 which health costs of the poorest Oklahomans.11 Stitt with succeed in delivering the kind formally legalized medical marijuana On the campaign trail, Stitt made of robust turnaround he promised on in Oklahoma. This session saw a whole it clear that he was open to the idea of the campaign trail and that so many host of marijuana related legislation medicaid expansion, but raised concerns Oklahomans, Republican and Democrat, championed by House Majority Leader in his inaugural address that doing so are hungry for. But this year’s legislative , an indication that delivering could potentially leave taxpayers holding session gives some key insights into what on the promise of 788 was high on this the bag if federal funds were withdrawn kind of measures are likely to be pursued year’s list of Republican priorities. in the future. in the future and the power that the state The process culminated on March 14 One proposed solution to this government has to promote Oklahoma when the governor signed House Bill dilemma came from Senator Greg as a place defined by opportunity and 2612, the medical marijuana “Unity McCortney whose Senate Bill 605 would growth. Only time will tell if the governor Bill” that establishes the framework for thread the needle by supplementing will rise to meet the challenges that he Oklahoma’s new marijuana industry and private insurance plans with Medicaid inherited from his predecessor, but from outlines everything from patient licenses dollars through the Insure Oklahoma this angle, there is plenty of reason to to dispensary operations.9 In addition program.12 McCortney argued that the hope.

6 https://kfor.com/2019/04/11/bill-to-give-oklahoma-teachers-a-1200-pay-raise-passes-senate-committee/ 7 https://kfor.com/2019/05/15/stitt-budget-plan-includes-employee-pay-raises-200-million-to-rainy-day-fund/ 8 https://www.reuters.com/article/us-oklahoma-education-exodus/some-oklahoma-teachers-find-the-grass-really-is-greener-in-texas-idUSKCN1HC136 9 https://newsok.com/article/5625863/stitt-signs-unity-bill 10 https://www.commonwealthfund.org/publications/maps-and-interactives/2019/apr/status-medicaid-expansion-and-work-requirement-waivers?g- clid=Cj0KCQjwh6XmBRDRARIsAKNInDF_q45h-ox77KHcqcV5OiwaS9zu440sL_h7LdBGfxCbee0mA6M8eO8aApl-EALw_wcB 11 https://www.manatt.com/Insights/White-Papers/2016/Estimated-State-Budget-Impact-of-an-Oklahoma-Soone 12 https://newsok.com/article/5623315/medicaid-expansion-bill-advances 13 https://ocpathink.org/post/budget-plan-shows-challenges-of-existing-medicaid-program-1

Oklahoma Policy Review • Volume 4 Budget & Finance • 9 9 Oklahoma Policy Review Education

Total Bills: 178 Signed: 32 Vetoed: 3 ENROLLMENT OKLAHOMA EDUCATION CAUCUS FY9-10: 654,542 GROWS TO FY10-11: 659,615 FY11-12: 665,841 FY12-13: 673,190 25 MEMBERS FY13-14: 681,578 FRESHMEN LEGISLATORS (BOTH HOUSE AND SENATE) FY14-15: 688,300 FY15-16: 692,670 FY16-17: 693,710 FY17-18: 694,816 FY18-19: 698,586 Of 56 total freshman STATE DEPARTMENT OF EDUCATION APPROPRIATION FY ‘19 : $2,912,348,009 FY ‘18 : $2,432,159,067 FY ‘17 : $2,496,721,434 FY ‘16 : $2,514,025,004 16 FY ‘15 : $2,513,156,858 are educators

Fiscal Year FY ‘14 : $2,433,127,082 FY ‘13 : $2,364,201,755 FY ‘12 : $2,330,604,082 FY ‘11 : $2,385,556,186 FY ‘10 : $2,446,504,826 FY ‘09 : $2,531,702,553 $ PRIVATE SCHOOLS CHARTER SCHOOLS Average private school tuition is $4,588 for elementary schools and 32 ACTIVE CHARTERS $6,140 for high schools More opened each year 2010-0 2012-2 35,091 students. 2013-2

2015-11 214 private schools

2016-1

2017-2 TOTAL ENROLMENT 79% of schools are 2018-2 18/19 = 38,425 religiously affiliated 10 10 • Education 2019 Pictured from top left: (D) John Waldron, (D) , (R) ; from bottom left: (D) , (R) , (D) . “Figure it out as you go along”: Educators Turned Legislators Reflect on the Legislative Session By Megan Dinan Forty-six new representatives make up one of the largest Most Oklahomans would agree that education was a central freshman classes to ever enter the House and 10 new faces issue in last November’s election. The Oklahoma teacher also joined the Senate. A Republican supermajority shows walkout that took place in April of 2018 led to a heightened that Oklahoma is still a solid red state, but the issue of public public awareness of the condition of public education in education is clearly bipartisan. Oklahoma. Although the teacher pay raise had been approved Freshman Representative John Waldron, a Democrat out prior to the walkout, many proponents of public education of Tulsa District 77, expressed that this first session clarified cite the walkout as a catalyst for change. It prompted many the legislative process for him. Representative Waldron taught career educators to run for office in the November elections for 20 years and said the walkout directly inspired him to run and the Oklahoma Education Association lists 25 current for office. Representative Melissa Provenzano, also a Tulsa legislators as part of their education caucus members. Democrat representing District 79 and Waldron’s former Additionally, several incumbent legislators lost their seats to coworker, now shares an office with him at the State Capitol. new names, arguably as a result of the public education issue. She most recently served as an administrator for Bixby Public Oklahoma Policy Review • Volume 4 Education • 11 11 Schools and felt she could effect change by becoming part of teach you how to be a legislator. “It reminded me a lot of when the legislative process. “You get the gist of how to get things I was learning about being a teacher. There are methods, but done but I think how not to get things done was a definite no one can really say ‘this is what you do’. You figure it out learning curve,” said Provenzano. “We are already generating as you go along, and your personality makes a difference in bill ideas now; halfway through November we were sworn in how you get things done. No one can tell you how to get a bill and within three weeks our bill ideas were due. Now we’ve through, it’s about building relationships up here.” Now that already started talking about what we want to do so that next the freshman legislators have begun relationship building and session there will be a better-quality product no matter what.” have a better understanding of the process, it will be interesting Waldron agreed, “If you want to get anything done you need to see what the next session delivers. to understand what interests are going to be affected by your For this session, education legislation seemed slow to come proposed change. You need to know all the details before you to fruition. Representative Provenzano counted approximately go plunging in.” Representative Jacob Rosecrants, a Democrat 16 education bills that were signed into law this session. out of Norman’s District 46, says he was excited to see so Within those 16 bills was legislation that didn’t have much to many educators elected after the walkout, regardless of their do with substantial education policy. For example, Senate Bill party affiliation. “I wanted to see a legit Teachers’ Caucus set 33, which includes vapor products under the 24/7 Tobacco- up, a bipartisan and bicameral caucus, and Representative free Schools Act, is an important bill but only loosely relates to Provenzano and I were really pushing for that to happen. At education policy. Representative Waldron was quick to point first there seemed to be a lot of interest from across the aisle in out that this doesn’t mean important work hasn’t happened participating in this caucus but then everyone seemed to hit the during this session, “Some of our victories were defensive brakes and honestly, I think it was politics that got in the way.” victories; bad legislation was rolled back a little bit.” Although there isn’t a defined bipartisan effort to work on pro Some of the most substantial education legislation that has public education legislation, there does seem to be an effort on been successful this session has come from Representative both sides of the aisle to move forward legislation that will take Sherrie Conley. Representative Conley is the Assistant Oklahoma’s public education in a better direction. Majority Whip and represents District 20. Before being elected “Good education legislation is good education legislation in November, Conley was an administrator in Oklahoma no matter what side of the aisle it comes from,” says City Public Schools. According to Conley, a school serving Republican Senator Dewayne Pemberton. Senator Pemberton, high needs, low income students provides support far beyond representing the Oklahoma’s 9th District, was Oklahoma State academic requirements. Conley revealed that “a lot of children High School “Principal of the Year” in 2000. He brought over in poverty come to the classroom with trauma, toxic stress, 25 years of education experience to his role as a Senator and he hunger, and mental and physical abuse.” In order to begin is committed to bringing Oklahoma up in its regional standings addressing the ways in which teachers can be prepared to regarding public education. Senator Pemberton wants help these students, Conley authored House Bill 1905 which classroom size caps to be reinstated, per pupil expenditure prepares teachers for trauma-informed responsive instruction. to be regionally competitive, pay raises for support staff, and “Every child can learn,” Conley said, “but sometimes they have more money added to the funding formula to allow districts to so much that the teacher has to help them overcome in order have local control of money allocation. He carried House Bill for them to begin the learning process.” Conley talked about 2520, which modernizes the alternative education system in how the Potts Foundation helped her provide some training for Oklahoma, and he is hopeful that it and the other work done teachers through a film called Resilience: The Biology Of Stress this session were steps in the right direction. “Once we have And The Science Of Hope. Her hope is that this work helps the budget, I’d like to see the biggest influx of money in the start the conversation about how to better serve the needs of past 20 years go into the formula. I think you’ll end up seeing students who face many obstacles before even opening a book a good financial year and a good policy year for education,” in the classroom. She also emphasized the need for support said Pemberton. The state budget that ultimately passed did staff, especially counselors who are prepared for dealing with provide a lot of relief for education, including a $1200 teacher mental health issues. pay raise, $74.4 million in additional classroom funding and a In addition to HB 1905, Conley authored House Bill 1316. $25.3 million increase for Higher Education teacher pay and “In the school I was in last year, 15 out of the 23 classrooms research programs. we had were being taught by emergency-certified teachers. Senator David Bullard, a Republican from District 6, says, Preparing those individuals to be successful in the classroom “We’ve seen a culture shift up here. The Republican Party has is something that we need to do better.” This was the impetus decided we are going to make education a priority and we behind HB 1316 which requires emergency-certified teachers have.” As a freshman Senator, Bullard said no one can really to complete professional development training prior to 12 12 • Education 2019 entering the classroom. Conley as forthcoming that in order is optimism, tempered with a sense of the magnitude of the to push the bill forward she had to make concessions and drop work that still needs to be done. Dr. Garret Castleberry, an some aspects of the bill that she felt were important. “We had Associate Professor of Communication, Media and Ethics at to remove the curriculum and lesson planning portion of the Mid-America Christian University, shares that “we are seeing professional development but left the classroom management positive change already. In addition to the re-negotiated and classroom procedures aspects. It’s not enough but it’s a educator pay increases, we saw record voter turnout in the start. You have to have control of your classroom from day November elections during a year in which there was no one to be successful. You can have someone very intelligent Presidential option on the ballot. A deeper investment in and educated with a bachelor’s or even a master’s degree but if civic discourse and civil service gives our state a healthier they haven’t had time to practice the classroom management opportunity to practice deliberative democracy.” and procedural control that needs to happen, it will be very difficult for learning and teaching to take place.” Representative This session, the Capitol felt like a space that is more open Conley also expressed how important the community is to to promoting positive changes in public education. There is at-risk students. Disseminating information in the community a legislature that seems committed on both sides of the aisle that helps parents create a successful environment for their to continuing to push for those changes and a sea of new child, such as a pediatrician’s office providing information on faces, many with first-hand education experience, are eagerly reading to kids, is one aspect where the community outside of taking on the challenge of correcting Oklahoma’s education the classroom helps a child be successful. Also, encouraging shortfalls. There is a newfound hopefulness. Yet perhaps community involvement and counteracting negative ideas the biggest stumbling block for pro public education policy about the public-school environment are ways that parents moving forward is relying on hope alone. Subdued discussion and guardians can improve their own school’s culture. Conley and bipartisan handshakes behind closed doors shouldn’t be a exuded the notion of “it takes a village.” She agreed that there cue to quell the fire that the walkout ignited. has to be a coming together of educators, the community, Whether it’s “raising hell” as Representatives Waldron and and legislators to help the children of Oklahoma become Rosecrants profess as necessary or the “steady shoring up” productive members of society, especially for those who are of a healthy education system as Representative Provenzano most at risk. described, there is still a call to action, and a desire for the public When thinking about future policy, Senator Carri Hicks, a former teacher and Democratic Senator from District 40, to continue pressing the issue. Representative Rosecrants said, spoke to the important question of what kinds of policies “There are some people who think we can just issue a teacher were needed. Senator Hicks shared that Oklahoma City Public pay raise and then move on, but that’s not the case. This is a Schools have around 800 unfunded mandates currently and long-term issue, there isn’t a quick fix here.” Perhaps author she plans on taking time during the interim to explore this Jim Watkins explained Rosecrant’s approach best when he issue. She stated that “When you hear individuals like me said, “A river cuts through rock, not because of its power, but talking about the investment into students and investment because of its persistence.” into the formula, we know that those are dollars that ultimately have to be in compliance with these specific mandates that are unique to our traditional public school system.” Additionally, Senator Hicks brought up that it is important to be aware that educators and administrators have taken on other roles. They IF YOU’RE WAITING now have duties and responsibilities that were traditionally held by supporting staff, such as nurses and counselors, and FOR A SIGN much of the training for these responsibilities was assigned to them under mandates. Senator Hicks continued, “we need to redirect the conversation and see that a lot of these mandates THIS IS IT. happened when we were cutting year in and year out. Part of the restoration has to be looking at what we can take off and Advertising Works! reassign and put back in its rightful place.” There was a range of feedback from legislators regarding their feelings about the progress of the issue of public education during this 57th Legislative Session. While there was much left to be desired, there were positive outcomes this session. There Oklahoma Policy Review • Volume 4 Education • 13 13 Oklahoma Policy Review Elections

Total bills: 218 Signed: 54 Vetoed: 3

REGISTRATIONS (JANUARY NUMBER) TURNOUT

2016 presidential primary =28.6% Voter Registration PRIMARY (January Numbers) 2012 Presidential primary=14.7% 2,200,000 2008 presidential primary=29.1% 2,150,000 2016 presidential general=53.4% 2,100,000 GENERAL 2012 Presidential general=49.2% 2,050,000 2008 presidential general=55.8% 2,000,000 1,950,000 GUBERNATORIAL 2018 Gubernatorial=56.09% 2014 Gubernatorial=29.9% 1,900,000 2010 Gubernatorial= 38.8% 1,850,000 2006 2008 2010 2012 2014 2016 2016 Current 2006 Gubernatorial=36.4% January (November) LEGISLATIVE SEATS

PURGING THE ROLLS Freshman House Representatives The State Election Board deleted the names of 88,276 registered voters in 2019 for voting 46 inactivity. Oklahoma is just one of seven states Freshmen with “use-it-or-lose-it” voting laws.

101 Total Representatives

Freshman Senators 10 Freshmen

48 Total Senators

14 14 • Elections 2019 A Tale of Two Bills: Oklahoma Lawmakers’ Changing Views on Voting Rights

By Cooper Kahoe different responses they elicited from Under Oklahoma law, those who have members during the spring session. completed a prison sentence, as well This year’s legislative session saw While both dealt with state election as any probation or parole period, are discussion at the State Capitol largely laws, the difference in how they were already eligible to vote in elections. But the dominated by considerations of high- received provides an interesting example wording of this area in the law is somewhat profile issues like the state budget and of how national attitudes around voting obscure and could be read incorrectly as education funding. But an unlikely and voting rights either succeed or fail requiring a person who had already served shift in legislative priorities is occurring at trickling into policy discussions here their time to wait for an additional period just beneath the surface in an often in Oklahoma. In short, the contrast equal to the time of their incarceration overlooked area of state government— reveals the growing popularity of before returning to the ballot box. House elections. Nowhere is this shift more shoring up voting rights for the formerly Bill 2253, coauthored by Representative visible than in the profound contrasts incarcerated and a disinterest, for now, in and Senator Stephanie between two bills in particular—House embracing concerns around allegations Bice, was intended to simplify this Bill 2253 and House Bill 2429—and the of non-citizen voting. statute by amending language in a way Oklahoma Policy Review • Volume 4 Elections • 15 15 that would leave no room for confusion. rights protections for some of the most integrity of elections and that even if no While the bill did not make changes to vulnerable Oklahomans. such problems were found to occur in Oklahoma election laws per se, it signaled Other legislation pertaining to state Oklahoma, the need for transparency and a renewed commitment to ensuring elections was far less successful. HB accountability in the election process was that those who have paid their debt to 2429, a bill pushed by Representative a vital state interest. After a long period society are aware of their constitutional Sean Roberts and Senator , of intense debate on the bill, 2429 passed right to vote. This position mirrors would have authorized the Secretary of the House along mostly partisan lines, 66 recent shifts in national attitudes around the State Election Board to conduct an to 26. Despite a clear win in the House, re-enfranchising former felons. audit of the Oklahoma voter rolls with Roberts’ bill came to an abrupt halt in Currently, eleven states permanently the expressed purpose of investigating committee when it was referred to Senate restrict the right to vote for all or claims of non-citizen voting. Roberts and Rules on April 11 and then promptly some former felons even after their Allen’s bill arrived at the State Capitol at excluded from the committee’s agenda. release from prison.1 Last November, a time when fears of non-citizens voting To date, the bill remains dormant Floridians voted by a wide margin to in U.S. elections have made their way into and the chances of it advancing any repeal a law restricting people with a the national spotlight. President Trump further this session are non-existent. But criminal record from voting even long and members of his administration the lessons from the bill’s short life are after their sentences have ended.2 If that have made repeated claims since taking easily discernible. Despite a Republican referendum goes into effect unhindered, office that illegal voting is rampant across majority overwhelming enough to roughly 1.4 million Floridians would the country and have argued that this ensure its passage through the House be eligible to add their names to the phenomenon gives Democrats an unfair and Senate, 2429’s sudden disappearance state voter rolls. Though not directly and illegitimate advantage on election in committee signals that the bill inspired related, recent conversations around day.4 Just south of us, Texas recently little support among majority leadership. criminal justice reform in Oklahoma pursued a similar investigation into Given the contentious fight it would have have relied on similar arguments allegations of illegal voting. However, the likely brought to the Capitol, it’s not around fairness and reciprocity. In Texas program was halted in February by difficult to see why the bill’s progress was recent months, Oklahoma lawmakers a District Court Judge in San Antonio after halted, especially given its low ranking on have worked on a series of proposals to it had flagged roughly 100,000 naturalized the list of Governor Stitt’s 2019 priorities. reform the justice system in the hopes American citizens as having potentially An investigation into non-citizen voting of alleviating Oklahoma’s overcrowded voted illegally despite there being little would have brought undo attention to and burdensome prison population.3 evidence to support these claims.5 a divisive issue in a year when a new This shift in attitudes likely made the When Roberts brought his bill to the governor is looking to make a good first most recent legislative session a much House floor in March, it was met with impression on voters and could have friendlier environment for Goodwin and more than an hour of close questioning distracted from bread-and-butter issues Bice’s bill. HB 2253 was able to pass the by members of the Democratic caucus. like education, healthcare, and medical House by an overwhelming majority in The ensuing debate broke down along marijuana initiatives. February and succeeded in the Senate predictable party lines. Democratic The alignment of some of this session’s on April 16 without a single vote against members argued that the bill was a major trends—pro-criminal justice it. Six days later, Governor Stitt signed thinly veiled attempt at depressing the reform and averse to unnecessary the bill into law. While far less ambitious vote of minority communities and that controversy—was likely what assured than Florida’s new voting reforms, the it was similar to recent audits in Georgia Goodwin and Bice’s simple language ease with which the bill sailed through and North Carolina that had removed fix went quickly to the Governor’s desk the legislative process signals that state thousands of eligible citizens from while Roberts’ proposed audit died from officials are becoming more willing to those states’ voter rolls. For his part, lack of support. Whether these trends listen to advocates calling for greater Roberts repeated concerns that illegal, will continue into next year’s policy non-citizen voting was a danger to the discussions, however, is not as certain.

1 https://www.brennancenter.org/criminal-disenfranchisement-laws-across-united-states 2 http://time.com/5447051/florida-amendment-4-felon-voting/ 3 https://www.tulsaworld.com/news/local/government-and-politics/gov-kevin-stitt-rolls-out-new-criminal-justice-reform-package/article_1f514e08-3493- 5be9-91f8-8d18f1e81f26.html 4 https://www.politifact.com/truth-o-meter/statements/2019/jan/28/donald-trump/trump-wrongly-tweets-58000-noncitizens-voted-texas/ 5 https://www.nytimes.com/2019/02/28/us/texas-voter-rolls.html

16 16 • Elections 2019 Oklahoma Policy Review Energy

Total Bills: 83 Signed: 26 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 2017, wind energy Natural gas: 2.5 provided nearly a third trillion cubic feet in 2015 (31.9%) of all in-state Crude Oil: energy 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 Oklahoma Policy Review • Volume 4 Energy • 17 17 Wind Turbine Collapses Near Hunter, OK – PHOTO BY MITCHELL WILLETTS WITH ENID NEWS & EAGLE The Time Has Come to Recycle Oklahoma’s Aging Wind Infrastructure By Randy Gibson-Black First, at the end of the end of 2018, Oklahoma was home to The Great State of Oklahoma certainly stays true to the lyrics 3,984 wind turbines which accounted for 31.7% of the state’s energy use and could power 2,653,200 homes.1 Oklahoma has of the State’s song when it describes Oklahoma as a place “… consistently been a top 3 producer of wind energy for years where the wind comes sweeping down the plain!” Oklahoma has and it is obvious that the state is not going to be slowing down capitalized on this fact and has become host to a growing sector anytime soon as evidenced by a number of wind projects being of wind energy. Oklahoma has been one of the leading producers built throughout the state. The economic impact of the wind in wind energy for years, but it is time to look at what happens energy sector must not be understated since it employs over to the aging turbines once they have been decommissioned. The 7,000 individuals, pays $23 million in taxes, and pays out over average lifespan of a wind turbine is between 20 and 30 years, $20 million in lease agreements annually which stimulates which means a large portion of Oklahoma’s wind infrastructure local economies and provides a clean energy alternative is ready to be decommissioned. Repurposing and recycling in a state where oil is king.2 More importantly, the point of have become common and necessary since wind energy has utilizing a renewable energy resource is to avoid using as many been popularized, leaving many to think of ways to repurpose non-renewable forms of energy. In 2018, the environmental decommissioned wind turbines. Oklahoma’s public and private benefits of wind in Oklahoma included 5.2 billion gallons sectors have a unique opportunity to become innovators in of water being saved along with avoiding releasing 11.1 the field of recycling and repurposing decommissioned wind million metric tons of CO2 emissions into the atmosphere.3 turbines which would continue to propel Oklahoma forward While Oklahoma benefits economically and utilizes forms of in the energy sector and ensure wind farms have the smallest renewable energy, it is imperative that it takes a further step environmental impact possible. to ensure that decommissioned wind turbines are not simply

1 American Wind Energy Association: State Fact Sheets. (n.d.). Retrieved May 1, 2019 2 American Wind Energy Association: State Fact Sheets. 3 American Wind Energy Association 18 18 • Energy 2019 tossed into a landfill. Allowing any portion of a wind turbine it should start with working with chemical engineers to adopt to be thrown away, instead of looking for a way to repurpose similar methods. it, would be contradictory to the point of having them in In conclusion, there is currently no effective way to recycle the first place. Those 3,984 turbines will, at some point, be turbine blades. Oklahoma, whether within the public or decommissioned which means there is a growing need for a private sector, can lead the world in efforts to recycle these way to repurpose them. materials. With a growing fleet of aging turbines, the need for Second, it is important to consider how recyclable each effective ways to recycle the blades will become apparent which part of a turbine currently is before we try to find useful means the overall environmental impact of a turbine will be ways to repurpose them. Wind turbines consist of several lessened if it ends up in a landfill. The answer to this problem main components which include the base, tower, gearbox, is currently not being worked on in the state which is why generator and the blades. The towers are made of steel which it might be time for state agencies and private companies to is recyclable and easy to repurpose. Many of the components look elsewhere to see what others in the field are doing. While of the gearbox and generator are recyclable, exempting only Oklahoma continues to innovate more efficient turbines, it is the rare earth materials found in the generator. Turbine blades imperative that the state takes the next step to pass legislation are made with fiberglass or carbon fiber which is not currently or promote innovation that will create the means to recycle easy to recycle and are the main reason for concern. The turbine blades. blade materials were chosen as they make the overall turbine Sources lighter and more efficient. Some wind turbine blades that Froese, M. (2016, February 25). Reaching Retirement: Recycling Aging Tur- consist primarily of reinforced plastic, are downcycled and bine Blades. Retrieved May 1, 2019, from https://www.windpowerengi- used in cement products while others have been repurposed as neering.com/mechanical/blades/recycling-wind-turbine-blades/ outdoor seating, art installations, and playground equipment.4 Sarah, & Lozanova, F. (2017, August 07). Can Wind Turbines Be Recycled? Some decommissioned wind turbines in the U.S. and other Retrieved April 25th, 2019, from https://earth911.com/business-policy/ wind-turbines-recycle/ countries that have a growing wind sector have been sold to other countries where they are recommissioned. Exporting American Wind Energy Association: State Fact Sheets. (n.d.). Retrieved May 1, 2019, from https://www.awea.org/resources/facts-sheets/state-facts- decommissioned wind turbines, while only a temporary sheets solution, would allow Oklahoma to have an international impact that would propel the utilization of wind energy to countries that may not be able to develop wind farms on their own. Despite there being a few ways to deal with decommissioned wind turbines, Oklahoma can innovate a Custom Reprints model for others to follow. Showcase your achievement with a Third, Oklahoma can look to other parts of the country and reprint for use in marketing, brochures, world to see what is being done to address the growing issue media kits, trade shows, investor of recycling decommissioned wind turbines. Currently, the materials and sales presentations. leading way to recycle wind turbines is to heat the fiber glass to 1112 degrees Fahrenheit and then recycling the separated materials, but this process creates a large environmental footprint. At Aarhus University in Denmark, a team of scientists are working on a project called “DreamWind” which has the goal of creating a chemical substance that will make it possible to separate the composite materials found in turbine blades in order to increase the recyclability of the blades.5 If Oklahoma were to invest in a more eco-friendly way to heat the materials in order to achieve separation, that could potentially reduce the difficulty of recycling. It appears that DreamWind is the future of recycling these materials, which is why if Oklahoma journalrecord.com/reprint-service is going to invest in recycling decommissioned wind turbines,

4 Sarah, & Lozanova, F. (2017, August 07). Can Wind Turbines Be Recycled? Retrieved April 25th, 2019 5 Froese, M. (2016, February 25). Reaching Retirement: Recycling Aging Tur- bine Blades. Retrieved May 1, 2019,

Oklahoma Policy Review • Volume 4 Energy • 19 19 Oklahoma Policy Review Executive Reform

Expanded Powers: A snapshot of the State Agencies that will now have a Governor appointed Director

OKLAHOMA HEALTH CARE AUTHORITY OKLAHOMA DEPARTMENT OF MENTAL HEALTH (OHCA) (ODMHSAS)

Budget (% of Agency Appropriations): Budget (% of Agency Appropriations): $1,000M (12.5%) $351M (4%)

Employees: 676 Employees: 2,542

Current Director Salary: $176,118 Current Director Salary: $175,718

OKLAHOMA DEPARTMENT OF HUMAN SERVICES OKLAHOMA DEPARTMENT OF TRANSPORTATION (DHS) (ODOT)

Budget (% of Agency Appropriations): Budget (% of Agency Appropriations): $741M (9%) $169M (2%)

Employees: 7,388 Employees: 2,855

Current Director Salary: $185,426 Current Director Salary: $160,127

OKLAHOMA DEPARTMENT OF CORRECTIONS OKLAHOMA OFFICE OF JUVENILE AFFAIRS (DOC) (OJA)

Budget (% of Agency Appropriations): Budget (% of Agency Appropriations): $556M (7%) $97M (1%)

Employees: 5,996 Employees: 990

Current Director Salary: $188,905 Current Director Salary: $156,909

20 20 • Executive Reform 2019 Executive Reorganization in the State of Oklahoma

Governor Stitt celebrates while flanked by Speaker of the House Charles McCall (Left) and President Pro Tem (Right) after signing series of bills strengthening the executive’s power over state agencies.) – PHOTO BY NATE BILLINGS WITH TULSA WORLD By Joshua Davis all sought to establish a single director Initially, these bills sought to abolish One of the most contentious topics of in addition to the current boards and the commissions and boards that the 2019 legislative session was granting commissions, over each of the agencies oversee these agencies, leaving only the Governor Stitt broader appointment who would be directly appointed by the director who would report directly to the powers and the ability to hire and Governor with the advice and consent of Governor. The amount of consolidation fire directors of different agencies in the legislature. proposed during session alarmed Oklahoma. There were a multitude While the bills’ intent is to help the democrats as well as the rural legislators. of bills this session that sought to executive perform his duties, the debate The leading authors of the bills, Senator consolidate power under the executive over the measures took a sharply political Treat and Representative McCall, branch but there were four in particular tone. It is well-understood that Oklahoma redrafted the bills to maintain the that were pushed by Gov. Stitt and his traditionally has a strong legislature and boards; however, this decision seems to supporters: SB 456, SB 457, HB 2479, a weak governor, ranking as low as 44th have more drawbacks than benefis. The and HB 2483. Each of these bills pertains nationally with respect to institutional revisions were made under the duress to a specific agency. SB 456 makes powers (Dye and McManus). The state of pushback concerning legislative changes to the Oklahoma Health Care was founded during the height of the oversight. The boards were retained Authority while SB 457 makes changes populist movement in America, largely with the appointment process being to the Department of Transportation. resulting in many state agencies and restructured in a confusing manner, to The last two bills, HB 2479 and HB 2483, city governments being led by boards say the least. The final versions of these make changes to the Department of and commissions rather than a single bills retain the boards and outline an Corrections and Department of Mental authority. Even in the present day, the appointment process for each of the Health respectively. While the bills state maintains this air of populism nine members of the boards. The new address separate agencies, the original which can be seen when observing appointment process for Oklahoma intent of the bills are the same. The bills legislative proceedings. Health Care Authority, Department Oklahoma Policy Review • Volume 4 Executive Reform • 21 21 of Transportation, Department of in the new appointment process, we will There is little about these bills that Corrections, and the Department likely see some type of major overhaul changes the problems associated with of Mental Health are as follows: five within Stitt’s term to address a further Oklahoma’s state agencies. While the members appointed by the governor, two lack of accountability and coordination Governor did gain hiring and firing appointed by the Speaker of the House, in agencies. power for five of the board members, and two by the President Pro-Tempore. The failure of the Oklahoma legislature four are still fragmented among the The act of consolidating power under to consolidate the boards and and House and Senate. In response to the Governor is referred to as executive commissions of these agencies is a the great fear among the legislature reorganization within the field of political reflection of Lesierson’s three limitations concerning a strong executive, I would science. There is unanimous agreement and the legislature’s a priori apprehension like to close with a quote from W. Graves among scholars that consolidating to executive authority (1947). Leiserson who’s observation is as applicable today authority is an effective method for found that Legislatures will resist as it was in 1956. promoting accountability, cost saving executive reorganization for three “The weak governor and poor measures, and increasing efficiency reasons: psychological, political, and administrative structure provided for within state government (Berkman & legal. According to Leiserson, legislatures in the original state constitutions has Reenock, Crawford, Graves, Leiserson). become accustomed to a certain status persisted over the years because, in spite But what can the state expect to see in quo; although the current method may of new methods of popular control, the the future with the final versions of these be inefficient and detrimental to their popular suspicion of a strong governor bills? Two political science scholars, constituents, it is the only thing they has - except in a very few states - never Berkman and Reenock, performed know. They become accustomed to died out. The result has been that a weak research over the effects of incremental dealing with certain people in agencies governor, lacking power to do those and comprehensive executive reform and through specific channels; when the things which might be detrimental to the (2004). Oklahoma’s neighboring status quo is threatened, the legislature interests of the people, has also by the Arkansas also pursued their own form perceives it as a threat to their ability same token lacked the power to do very much that was constructive or beneficial of executive reorganization in the 2019 to do their job rather than an attempt to their interests.” session. Arkansas’ HB 1072 sought to to fix an outdated system. The political reduce the number of state agencies from opposition is likely the largest factor in References 42 to 15, projecting a savings of fifteen why Treat and McCall chose to redraft Barrett, K., & Greene, R. (2018, October 22). Arkansas’ Ambitious Plan to Reorganize State million dollars once the consolidation the bills. The political limitation implies Government. Retrieved from https://www.gov- is completed in 2020 (Barrett & Green, that legislatures resist reorganization erning.com/topics/mgmt/gov-arkansas-gover- 2018). In contrast, Oklahoma sought on the grounds that they perceive it as a nor-huthinson-reorganization.html a more incremental reform, choosing struggle between economic and political Berkman, M., & Reenock, C. (2004). Incremental Consolidation and Comprehensive Reorgani- to look at restructuring authorities in interests. Given the debates during the zation of American State Executive Branches. agencies rather than consolidation. Senate Rules committee and on the American Journal of Political Science, 48(4), 796- But what does Berkman and Reenock’s Senate floor when these bills were heard, 812. doi:10.2307/1519934 work on comprehensive and incremental the fear of patronage and accountability Crawford, F. (1926). New York State Reorgani- zation. The American Political Science Review, reform reveal? In short, Arkansas seemed to be high amongst the democrats 20(1), 76-79. doi:10.2307/1945100 could have expected to see the fifteen while the more rural republicans were Dye, T. R., & MacManus, S. A. (2015). Politics in million dollars in fiscal savings if 1072 hesitant to accept the idea of a “strong states and communities. Boston: Pearson. had passed; however, the bill died with central government”. As for the legal Graves, W. (1956). Some New Approaches to Arkansas’ sine die adjournment of the limitation, there is a fragmentation of State Administrative Reorganization. The Western Political Quarterly, 9(3), 743-754. 2019 session. As for Oklahoma, Berkman power in Oklahoma over who can initiate doi:10.2307/444466 and Reenock find that when a state executive reorganization, whether it be Governor’s Power & Authority. (N.D). Retrieved pursues incremental consolidation the the legislature or the Governor, but that is from https://www.nga.org/consulting/pow- state will, on average, consolidate fewer another issue deserving of its own article. ers-and-authority/ agencies overall than if they had pursued In conclusion, it is clear their are Jacobson, Louis. (February 28, 2018). Cursed or Blessed? A History of Third-Term Governors. comprehensive reform. They also found existent limitations to executive Governing Magazine. Retrieved from https:// that incrementalism causes a buildup reorganization in the state of Oklahoma. www.governing.com/topics/politics/gov-third- of political pressure within the system What began as a push for some type of term-governors.html which sets the stage for some type of meaningful reform, may have in fact Leiserson, A. (1947). VI. Political Limitations on Executive Reorganization. The Ameri- spike in comprehensive reform. Given moved the state backwards as proponents can Political Science Review, 41(1), 68-84. the inefficiency and lack of coordination of the status quo became entrenched. doi:10.2307/1949798 22 22 • Executive Reform 2019 Oklahoma Policy Review Health & Human Services

Total Bills: 14 Signed: 3 Vetoed: 0

ABORTION IN OKLAHOMA (BASED ON 2017 REPORT BY THE DEPARTMENT OF HEALTH)

ABORTION TRENDS (2016-2017)

Total Abortions: +9.99% Chemical Abortions: +33.3% Abortion Rate: +0.6%

BY THE NUMBERS

4,723: Abortions performed in Oklahoma between 2016-2017.

2000: The year Oklahoma first began reporting abortion statistics.

329: Number of out-of-state residents who received abortions in Oklahoma.

121: Number of minors who received abortions.

79: Percentage of women receiving abortions who were unmarried.

75: Percentage of all abortions that were performed within the first eight weeks of gestation.

72: Number of hours prior to an abortive procedure that a physician must perform mandated informed consent procedures with the mother.

34: Percentage decrease in total abortions since the year 2000.

20: Percentage of all abortions in the state that are performed on black women despite constituting only 10% of the childbearing population.

1: Oklahoma’s national ranking in comprehensive abortion reporting

Oklahoma Policy Review • Volume 4 Health & Human Services • 23 23 Planned Parenthood Center located in north Oklahoma City – PHOTO BY SUE OGROCKI WITH THE ASSOCIATED PRESS The Oklahoma Legislature is Detmermined to Make Abortions as Incovenient as Possible, Short of Banning Them By Hannah Brewster flexibility for physician assistants, nurse except in medical emergency.” Recently, practitioners and midwives to perform proposed legislation directly reflects the Since the 1973 landmark Supreme abortions rather than only a licensed state’s desire to preserve life. Oklahoma Court case Roe v. Wade, abortion has medical doctor [4]. In contrast, the already has certain regulations in place been a hot-button issue across the nation. nation’s southern states, particularly the concerning abortion including a 72-hour Whereas the ruling legalized the practice state of Oklahoma, continue to stand waiting period, parental consent for of abortion, states have the freedom to boldly against the practice as a whole. minors and required abortion-related regulate the practice in whatever way they With a majority of conservative counseling [1]. Bills submitted during deem necessary. While regulations vary constituents, the state of Oklahoma has the session not only seek to further from state to state, northern states have worked hard to decrease the number regulate abortion but also potentially a history of leniency toward the practice. of administered abortions across the outlaw the practice as a whole. These In January, the state of New York state. Legal abortion as defined by bills included SB 13, SB 195 and HB 1182 overwhelmingly approved an expansion Oklahoma law states: “After viability, among others. pertaining to current abortion laws necessary to preserve life, health of Perhaps the most notable of these within the state. The piece of legislation, mother. If abortion is self-induced, pieces of legislation is SB 13, more known as The Reproductive Act, allows must be under supervision of M.D.; commonly recognized as the “Abolish for late-term abortions, as well as the after viability M.D. required to aid fetus, Abortion in Oklahoma Act.” The bill, 24 24 • Health & Human Services 2019 introduced by Senator in law will be interpreted in a way that practitioner’s license and fine the November of 2018, would have repealed acknowledges unborn children have the individual up to 500 dollars [3]. any and all reference to legal abortion in same rights, privileges, and immunities If such bills were to successfully be Oklahoma, thus eliminating the practice available to any other state resident.” [3]. passed into law in the state of Oklahoma, within the state. Sen. Silk has attempted The bill was introduced in early January, they would quickly make waves in the to present similar versions of legislation and is continuing to move slowly through political landscape, joining states like in previous years, however none of the legislative process. SB 195 defines Georgia and Missouri who have passed his attempts ever came to fruition. abortion as “… the use or prescription staunch Pro Life policies. Whereas Yet, supporters of the bill, who claim of any instrument, medicine, drug or the state of Oklahoma is comprised of abortion violates the U.S. Constitution as other substance or device intentionally primarily conservative constituents, well as the Oklahoma Constitution [2], to terminate a pregnancy other than to the Supreme Court has the final say are expected to continue to push for the increase the probability of a live birth, when it comes to sensitive topics such success of bills like SB 13 in the future. to preserve the life or health of the child as abortion, which is why the overall The bill quickly came to a standstill in after live birth, to remove an ectopic success of SB 13 was bleak to begin with. the legislative process, as the Chair and pregnancy or to remove an unborn child Yet, while the Supreme Court may have Vice Chair of the bill’s Senate committee who died as the result of a spontaneous the greatest power in the legality of refused to hear the measure, viewing the miscarriage, accidental trauma or a abortion as a whole, states still have the measure as draconian. The standstill criminal assault on the pregnant female power to create barriers and obstacles could perhaps be attributed to a single or her unborn child.” [3]. for both abortion practitioners and those looming question: Even if the bill did In the House of Representatives, seeking an abortion. Oklahoma already pass, would it hold up against a landmark the author of HB 1182 intended to has such barriers in place, and there Supreme Court ruling? The subject create another blockade for attaining are surely more restrictions to come. would most likely be appealed to the abortions in the state. The bill, authored If one thing is certain, the majority of Supreme Court and have the potential to Oklahoma legislators and constituents force yet another important ruling on the by Representative and Representative Mark Allen, would despise the practice, and if anything, the practice of abortion in America. road to abortions will be made as difficult Of the remaining Pro Life bills, SB effectively prohibit abortions with as possible. 195 relies more heavily on existing the exception of saving the life of the Sources: law. SB 195, authored by Senator mother or to prevent serious harm to the Greg Treat, Senator Dave Rader and mother. The bill would also specifically 1. https://statelaws.findlaw.com/oklahoma-law/ oklahoma-abortion-laws.html Senator Jon Echols would create a allow the State Board of Osteopathic 2. https://abolishabortionok.com/the-language- constitutional amendment to clarify the Examiners to refuse to issue, reinstate, of-sb13/ suspend or revoke licenses issued by the U.S. Constitution makes no provision to 3. JRLR/OKHouse and OKSenate allow abortions. The bill states, “Human Board if there is proof the individual 4. https://www.nysenate.gov/newsroom/arti- life begins at conception and that unborn has performed an abortion. The Board cles/2019/liz-krueger/faqs-about-reproductive- children have protectable interests; State would also be allowed to revoke the health-act

PRENATAL DEVELOPMENT (IN WEEKS)

Oklahoma Policy Review • Volume 4 Health & Human Services • 25 25 Oklahoma Policy Review Health Care

Total bills: 49 Signed: 18 Vetoed: 0

TOP CAUSES OF DEATH COSTS HOSPITALS Oklahoma is ranked the 1. Heart Disease 2. Cancer 6TH

MOST EXPENSIVE 1,850,779 patient days 3. Lower Respiratory Disease STATE IN HEALTHCARE 4. Accidents FOR SENIOR HEALTH OKLAHOMA IS RANKED 5. Stroke 10,874 staffed beds in the state st Oklahoma ranks 1 in 48TH the nation for Heart disease related deaths. AVG. HOSPITAL COST

PER DAY 98 hospitals in the state $1,424

AVG. PREMIUM IN EMPLOYER- 88 Federally qualified health centers service SPONSORED PLAN

2% of Oklahoma $787 Oklahoma has the Kindergarten students started 4TH 51 Rural health clinics the 2016 school year without HIGHEST RATE OF DEATH DUE TO DIABETES IN THE NATION. being fully vaccinated. 36 Critical access hospitals 26 26 • Health Care 2019 Oklahoma’s Vaccine Divide: Legislation for Vaccine Education and Choice

By Cameron Brinkmeyer There exists a federal program signed the doctor, is the existence of the VICP into law by President Ronald Reagan, In the past few years, there has been a program and a Vaccine Injury Table. called the Vaccine visible push in the Oklahoma Legislature Injury Compensation to add barriers to mass vaccination. Program, or VICP. This The most referenced vaccine in recent program pays out to legislation in Oklahoma is the flu people who have been vaccine. This year there was a bill to post injured by vaccines and CDC recommendations regarding the is paid for by a tax on flu vaccine on bulletin boards in assisted vaccines when they are living facilities. This bill, HB 1206, has administered. In the gone dormant, and will not pass in this period from 2006 to the session. This bill did not require the end of 2017, there were assisted living facilities to give flu shots 1,518,400,000 doses of to their residents, and it did not require the flu vaccine distributed through the The doctor would also need to make residents to get the flu shot to stay in United States. Out of those 1.5 billion, available the CDC’s book Epidemiology their assisted living facility. Meanwhile, 2929 cases received compensation for and Prevention of Vaccine-Preventable a bill that would restrict the ability for vaccine injury (HRSA, 2019). This means Diseases: Vaccine Excipient and Media schools to give flu vaccines without 1 in 500,000 doses of the flu vaccine Summary. These materials can be written consent from the parents of a administered resulted in compensation overwhelming to young parents and can child passed in the House and the Senate. for vaccine-related issues. 2,155 of those influence whether or not to get their HB 2339 passed through the Senate cases that received compensation were children vaccinated. This bill failed this unanimously. The author of the bill in the result of a settlement. VICP states year, but a version of it has been presented the Senate, , stated in that “Approximately 70 percent of all repeatedly over the last few sessions, committee that this bill was unprovoked compensation awarded by the VICP and this type of education material is and that it just clarified a requirement comes as result of a negotiated settlement much harder to consume than a vaccine between the parties in which HHS has that he stated already existed. poster and had more traction than the not concluded, based upon [a] review of There has been a rise in the number bill suggesting CDC posters be put up in the evidence, that the alleged vaccine(s) of people who are choosing to avoid retirement homes. As flu vaccine rates caused the alleged injury” (HRSA, 2019). vaccines. The rate at which the flu decline in the United States, the rate of Therefore, the rate in which vaccine vaccine was administered has fallen 6% hospitalization from the flu, and deaths injury actually occurs could be much from 2015 to 2018 in the United States, from the flu have risen by about 300% lower than the number reported, if any and the rate at which the flu vaccine was from 2015 to 2018 (CDC 2019). of the settled injuries were not vaccine administered has fallen 4% in the same injuries, but caused by something else. References timeframe in the state of Oklahoma (CDC Out of the total 3,454,269,356 vaccine HRSA. (2019, April). Vaccine Compensation Data. Retrieved from https://www.hrsa.gov/sites/ 2018). This is most likely due to a much doses that were distributed in 2006 - louder anti-vaccination movement in default/files/hrsa/vaccine-compensation/data/ 2017, 4,291 cases were compensated for monthly-stats-april-2019.pdf the United States. Parental rights groups vaccine injury, and 3,134 were from a CDC (2018, September 27th). 2010-11 through have been welcomed by the House and resulting settlement (HRSA, 2019). 2017-18 Influenza Seasons Vaccination Cover- Senate and applauded by the legislature Over the past few years, there has been age Trend Report. Retrieved from https://www. for their advocacy of a parent’s right to cdc.gov/flu/fluvaxview/reportshtml/trends/ a bill brought to the legislature called the index.html not vaccinate. The common argument Parental Rights Vaccination Act. Some CDC (2019, February 19th). Disease Burden of that is brought forward by these groups of the information that is included in Influenza. Retrieved from https://www.cdc. is that vaccines cause “vaccine injuries.” this bill, that would need to be shared by gov/flu/about/burden/index.html

Oklahoma Policy Review • Volume 4 Health Care • 27 27 Oklahoma Policy Review Infrastructure

Total bills: 72 Signed: 22 Vetoed: 2 Other 15% WATER USAGE ROADS ? Crop 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 32%water per year. irrigation (2013) 468 (2014) 372 10,884 for MUNICIPAL & INDUSTRIAL (2015) 321 ON SYSTEM 12% 3.8 million acre-feet (2016) 251 STRUCTURALLY LIVESTOCK (2017) 185 DEFICIENT BRIDGES (2018) 132 Public 41%Groundwater 4 water use permits supply CROP IRRIGATION

32% 2500000 Thermoelectric Power OKLAHOMA COMPREHENSIVE 2000000 Self-Supplied Residential Self-Supplied Industrial WATER PLAN STATEWIDE 1500000 Oil & Gas 1000000 TOTAL ANNUAL DEMAND Municipal & Industrial ACRE-FEET ACRE-FEET PER YEAR (ACRE-FEET/YEAR) 500000 Livestock Crop Irrigation 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% 28 28 • Infrastructure 2019 Railroad Bill Stays on Track After Significant Fine Decrease By Brock Warren chosen to reintroduce HB 2472, only this referred to Conference Committee on OKLAHOMA CITY - The 57th time with an all important committee Rules. Conference Committee Reports Session of the Oklahoma Legislature substitute. The negotiations following the were adopted on both Senate and House quickly arrived at a crossroads over a bill’s first Senate vote seemed to alleviate floors, before passing by vote of 82-3 in new ordinance that would fine railroad concerns, as the measure passed through the House, and 34-11 in the Senate. companies from blocking intersections Senate Rules Committee as amended by Among the many amendments that vote of 10-1. for longer than ten minutes. HB 2472, were adopted, the once $10,000 fine was “It is clearly a public safety issue, and authored by Speaker of the House Charles negotiated down to a much lower fee of McCall, initially authorized Oklahoma I am thankful for my colleagues’ support $1,000. Additionally the final bill does Highway Patrol to issue a $10,000 fine on on this bill.” said McCall. provide exceptions for mechanical and any person or company that excessively Yet HB 2472 was far from finished loiters on railroad intersections per each with it’s atypical journey. Once weather-related occurrences that block separate incident. introduced on the Senate Floor, the title railroad intersections for more than ten “We have heard from emergency was stricken, and it was amended by minutes. The measure passed the Senate medical personnel and from citizens all Floor Substitute before passing by vote for floor with an emergency clause across this state who have had difficulty of 40-5. A Conference Committee on by vote of 36-9 rendering it effective providing or receiving care during an Transportation was first granted, and immediately with the Governor’s emergency by these stopped trains.” said then withdrawn before the bill was finally signature on May 24th. Speaker McCall, an Atoka native. The bill quickly hit a roadblock when introduced by Senator Frank Simpson in Senate Transportation Committee. After clarifying that the conductor would be responsible for the hefty citation, Senator Mark Allen acknowledged that the ordinance may favor certain communities, at the expense of others. Heavy debate followed. Senator Michael Bergstrom debated against the bill, stating that there were insufficient concrete studies to support the measure. Senator Joseph Silk and Senator Mark Allen aligned Bergstrom, claiming the studies that were referred to failed to alleviate their concerns of a retroactive imbalance amongst different communities. The bill was shot down without a single supporting vote, meeting it’s end after a 0-9 vote in Senate Transportation Committee - or so we thought. Although being voted down in a committee is usually a death knell for most bills per legislative rules, McCall’s measure was shown special privilege and kept alive by referral to the Senate Rules Committee. Senator was Oklahoma Policy Review • Volume 4 Infrastructure • 29 29 Oklahoma Policy Review Judiciary

Total Bills: 281 Signed: 89 Vetoed: 3

AVERAGE ANNUAL SALARY OF OKLAHOMA 26 STATE JUDICIAL DISTRICTS LAWYERS

$62,200 1 11 25th 8 10 Percentile 12 4 14 10th 15 50th 9 24 Percentile 2 Percentile 26 7 23 75th 6 $42,770 Percentile 22 18 16 $90,020 21 3 25 17 5 20 $136,250 19 MEDIAN SALARY BY LOCATION TULSA: $114,960 THE NUMBER OF WOMEN INCARCERATED IN OKLAHOMA IN 2016 OKLAHOMA CITY: $84,970 LAWTON: $63,550 INCREASED BY 9.5 PERCENT. LAWYERS IN OKLAHOMA: 13,470 The female incarceration rate in 2015 was 151 per 100,000. This is more (34.3 LAWYERS PER 10,000 RESIDENTS) (20TH OVERALL) than twice the national average of 64 per 100,000 and significantly higher than the second highest rate of 115 per 100,000 in Kentucky. DRUG RELATED ARRESTS REMAIN PREVALENT IN OKLAHOMA GEOGRAPHIC BOUNDARIES Drugs related arrests accounted for nearly one in five (18.9%) adult arrests in 2017. 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

30 30 • Judiciary 2019 4th Quarter Reform: Governor Stitt’s negotiations in the waning minutes of the legislative session delivered a much needed victory for criminal justice reform in Oklahoma

By Nat Barrack support of Republican leaders At the onset of the first session of the like Representative John Echols 57th legislature, it was clear that change and Senator Roger Thompson. was in the air. The state was now being The measures in question were run by a new Governor and a record Senate Bill 252 and House Bill number of freshman legislators. Along 1269. Though each bill had a with a bevy of new faces, it seemed that shared goal of reducing prison new ideas had been ushered into the populations, they would have Capitol as well. Of the pressing issues very different fates. facing Oklahoma’s new government, In simplified terms, SB 252 Criminal Justice Reform (CJR) seemed sought to reduce the number to be high on the list of priorities, and of people behind bars by rightly so. Study after study had ranked significantly reducing bond rates of those convicted solely for non- Oklahoma’s per capita incarceration for violent and nonviolent offenders in violent drug possession. Hope for HB rates as highest in the nation, some addition to lowering prison sentences. 1269 quickly began to fade as it became argued the world (USNews). Naturally, The bill’s authors identified that the clear that the Senate, where the bill was the Governor’s platform of making vicious cycle of prison recidivism often residing, had no intention of bringing it Oklahoma a ‘Top 10 State’ could not began when an accused person was unable up for a vote prior to the end of session. abide with such negative statistics and to make bail and would be incarcerated Such a finish was unacceptable for the Governor Stitt highlighted the need simply on an accusation rather than the Governor. for “moving the needle” in criminal conviction of a crime. Having overcome Though one cannot be certain of justice reform in his State of the State many hurdles throughout the session, exactly what was said in the closing address. Despite the Governor’s backing SB 252 was thought to be the standard hours of the legislative session, the and a significant bipartisan grassroots bearer for CJR that would ultimately Governor did have some last-minute reach the Governor’s desk. Yet SB 252 effort to lower incarceration rates, it discussions with Senate leadership. As a ran into problems when it received heavy remained unclear how the legislature result of these impromptu negotiations, opposition from the Oklahoma Sheriff’s would attempt to tackle such a daunting the Senate resumed proceedings for Association and other law enforcement problem. one final measure, HB 1269. Without groups who feared the bill was placing In an entirely Republican controlled any questions or debate, the bill passed the rights of the accused above the safety legislature, it was apparent that any hope by a vote of 34 to 11. Although the of the innocent. After hours of debate for reform would have to originate from first session of the 57th legislature was within the GOP caucus, a body that on the House floor, SB 252 failed by a not the massive step towards criminal historically prides itself as being tough narrow margin, a crushing blow for CJR justice reform that many had hoped on crime. Despite resistance from certain advocates. for, the Governor’s negotiations at the factions within their party, several GOP In the wake of this defeat, all hopes close of session gave reformers a reason legislators took up the mantel. Various for meaningful reform were shifted to to hope and according to the ACLU CJR bills were shot down early in the HB 1269, which sought to implement of Oklahoma, will send close to 1,000 session without much mourning as they the spirit of State Question 780, which Oklahomans home to their families. lacked significant support from party recodifies non-violent drug possession leadership for being seen as outlandish from a felony to a misdemeanor. HB 1269 Sources https://www.usnews.com/news/best-states/ and unrealistic. Yet a handful of measures in turn would make the State Question oklahoma/articles/2018-06-08/report-oklaho- began to gain real traction due to the retroactive and commute the sentences ma-tops-states-in-incarceration-rate Oklahoma Policy Review • Volume 4 Judiciary • 31 31 Oklahoma Policy Review Public Safety

CONSTITUTIONAL CARRY STATES Maine

North Vermont Dakota

South Idaho Dakota Wyoming New Hampshire

Kansas Missouri Kentucky West Arkansas Virginia Arizona Oklahoma

Mississippi Alaska

Constitutional Carry : This Session, Oklahoma joined 15 other states in eliminating the need for a government issued permit in order to purchase and carry a sidearm.

QUICK FACTS Oklahoma has a per th capita gun ownership of Oklahoma ranks th 5 Oklahoma ranks nationally in firearm related 7 18.13, placing the nationally in violent crime. rd deaths. state at 23 in national gun ownership. 32 32 • Public Safety 2019 A Cost To Bear By Brock Warren in my district, a lot of them told me those there’s people on both sides. But safeguards were important.” Oklahoma is now the fifteenth state to ultimately the supreme law of the land Background checks are among the shall not be infringed.” restore constitutional gun carry privileges safeguards Virgin referenced. Federal West Virginia and Idaho both passed by omitting all training or licensure background checks were priorly constitutional carry legislation in 2016, requirements. HB 2597 allows citizens conducted for an individual to obtain the same year Oklahoma ranked fifth to carry a concealed or unconcealed a permit, before one could actually in gun-related deaths. The CDC scored firearm, under the stipulation that a purchase a firearm. The new statute still West Virginia a firearm death rate of purchaser can verify they are 21 years-of- requires background checks, but the 14.0 in 2015. The year permitless carry age, or 18 if a veteran. Although the bill House Minority Leader said that is only passed, the figure increased to 17.5, broadens the scope of who can purchase when a firearm is purchased through a and furthermore to 18.6 in 2017. Idaho a gun, armed individuals must still abide federally licensed firearms dealer. followed suit, holding a steady firearm by firearm restrictions in school zones “That was a safeguard to ensure death rate around 14.6 in both 2015 and and on private property. that we were still catching people who 2016, before peaking to 16.4 a year after “The bill was a response to the voice hadn’t had the background check done constitutional carry legislation passed. at the point of sale.” said Virgin, “But if of the people.” said co-author and “I can’t speak to the studies that were you go somewhere that isn’t a federally District 31 Representative , referred to, but I would look at the city licensed dealer, which a lot of dealers at “The mandate of obtaining a license to of Chicago as an example; very strict gun gun shows are not federally licensed, or lawfully conceal and carry was seen as an laws, very high gun violence.” said Mize. person-to-person sales.” infringement.” In a 2017 Chicago Tribune column The second amendment right has The Center for Disease Control and found a staunch advocate in State Senator The truth- and lies- about Chicago’s Prevention calculated 19 out of every throughout his seven gun laws, Contact Reporter Dahleen 100,000 Oklahomans died from firearm year career as a District 33 legislator. Glanton said that up until 2010, Chicago related deaths in 2016, thus scoring our Dahm co-authored HB 2597 with over was the only major city that prohibited state a firearm death rate of 19.6. That 30 Republican authors, including House residents from having a handgun inside same year, 24/7 Wall St. nationally Majority Leader Jon Echols, and Senate their home. Her article claims that ranked Oklahoma fifth highest for Majority Leader , to construct the stringent ordinances against guns homicide, accidental shooting, and the constitutional carry bill. caught the attention of the National Rifle suicide in firearm related deaths. “I feel that by requiring people to get Association, and in 2010 the Supreme “There are a lot of concerns about the a government license and pay a fee is an Court assuaged Chicago gun laws to safety of it.” said House Minority Leader infringement.” said Dahm, “It can be resemble similar ordinances elsewhere. , “I have a lot of gun owners polarizing. Guns can be very polarizing, In her article, she writes: Oklahoma Policy Review • Volume 4 Public Safety • 33 33 “Since then, the courts have peeled off “A lot of the studies do show that with amendments were filed in both chambers so many layers of our once stellar gun more guns available for law-abiding before it passed by vote of 70-30 in the ordinance that it’s barely recognizable. citizens, that there is less crime overall.” House, and 40-6 in the Senate. Governor We’re still maneuvering to keep gun said Dahm. Kevin Stitt signed the measure within stores and shooting ranges from opening Kentucky and South Dakota also hours of the Senate decision. in the city limits.” said Glanton (The passed constitutional carry laws this year, “There were enough questions across truth- and lies- about Chicago’s gun laws). yet the first enactment of the law dates the state where people want this to Eight years after the Windy City back to 2003, when Governor Frank happen. That is ultimately up to that eased up on it’s once stringent gun laws, Murkowski of Alaska signed HB 102. community, the gun rights community. Alaska, the state with the highest rate This is very important to them, they’re murder rates were retroactively on the of suicide per capita, has consecutively very passionate about it.” said Mize. decline. In Chicago’s 2018 murder total held the highest national firearm death Though HB 2597 has statutorily been falls for second straight year but still rate for the past four years documented granted the green light, it will not go into tops 530, The Sun Times counted 542 by the CDC. The latest 2017 statistic effect until November of this year. As a murders were reported before Christmas conveyed 24.5 in every 100,000 Alaskans current concealed carry permit holder, day in 2018, a consecutive decrease from died by a firearm. Representative Mize reinforces the 664 murders in 2017, and 781 in 2016. “What my constituents are most importance of firearm education, before Though murder rates in Chicago have concerned about, and what I am most the promulgation of the constitutional shown latent improvement in the years concerned about,” said Virgin, “is carry statute. after firearms became more accessible, making sure people who should not have “I encourage individuals to still go and Illinois state law still requires residents to a gun are not allowed to get one.” take the class for safety and to ensure obtain a Firearm Owners Identification HB 2597 showed considerable support proper usage. These classes will still be Card to purchase a gun. The statewide throughout the 57th Legislative session. available and I would encourage anyone firearm death rate weighed in at 11.7 in The bill picked up a committee substitute considering gun ownership to seek 2016, and 12.1 in 2017. in the Public Safety Committee, and knowledge, information and training.” Opinion Starting your own business can be a & gas, real estate or even aeronautics, However, when starting a new little like “A Tale of Two Cities”. One as I have been, then you will have 100 business in today’s economy with all the city gives you the joy and excitement years of court cases and established laws regulations already set, it is still pretty of charting your own course in to adhere to as you build your corporate challenging to find solid footing. And whatever industry you choose, while structure. There will be a few variations with about 2,000 legislative measures the other city floods you with the harsh on a theme within those guidelines, but dying in the Oklahoma Congress this realities of legislation and economical at this point, most problems will have session, it’s crazy to even imagine how regulations you never even knew been hammered out by generations of many have been proposed, passed and existed. As long as you are charged with businessmen and women who already then amended over the years. This is passion for whatever you’re doing, you worked to create them. In Oklahoma, even more frustrating when you have will find boundless energy to wake up you can read their names on sign posts set up all your internal policies at your at 5am and hit the ground running for and state park signs. The titans of business, and the government can come months and years until your business Oklahoma industry like Overholser, in and turn it on its head. has exploded into a massive success, McGee, Phillips, Anderson, Nichols, The entirely brand new Medical just like you originally envisioned Hefner and more who not only created Marijuana industry in Oklahoma is and hoped. There are obstacles to be great companies but also worked side by the biggest example of this. With the overcome for sure and every business side with legislators of their day to create passage of SQ 788, Oklahomans have has rules to follow in order to keep fair business policies that would generate been given a lifeline to no longer be operating. Those regulations are as more profits and drive more investment exposed to the dangers of a single unavoidable as death & taxes. back into the state coffers to be used for industry state. Yet, SQ 788 wasn’t even If you are lucky enough to be drawn education, infrastructure and the overall a year old before politicians started to some of the older sectors such as oil improvement of the state. See OPINION on page 44 34 34 • Opinion 2019 Oklahoma Policy Review Regulatory Affairs

Total Bills: 35 Signed: 14 Vetoed: 0

OPIOID-INVOLVED OVERDOSE DEATHS/100,000 PERSONS 34.0 21.2 NH 9.6 MI WA 18.8 20.0 IN VT 29.9 3.6 4.8 ME MT ND 7.8 8.1 MN 39.2 OH 28.2 OR 4 16.9 16.1 MA 6.2 WI NY 26.9 ID 8.7 SD 27.7 RI WY 6.9 21.2 22 CT 13.3 3.1 PA NJ 27.8 IA DE NV NE 17.2 32.2 IL 49.6 15.5 10.0 WV MD UT CO 5.1 27.9 34.7 KS 16.5 KY WA, DC 5.3 MO 19.3 14.8 CA 19.3 NC VA 10.2 6.5 TN 13.5 16.7 OK AR 15.5 AZ NM SC 9.7 5.1 GA TX 9 AL 9.3 6.4 13.9 LA MS AK 16.3 FL 3.4 HA

Source: Henry J. Kaiser Family Foundation 388: Number of opioid related deaths in Oklahoma. $85,000,000: Dollar amount agreed to be paid by Teva Pharmaceuticals to the State of Oklahoma for the company’s 64: Percentage of total opioid deaths caused by prescription alleged role in prolonging the Opioid Epidemic for profit. medication 140,000: Number of Oklahoma doctors Attorney General $270,000,000: Dollar amount agreed to be paid by Purdue Mike Hunter claims were targeted by Johnson & Johnson in Pharma to the State of Oklahoma for the company’s role in the company’s efforts to persuade health care providers that downplaying the addictive nature of prescription opioids opioids posed little risk to the public. like OxyContin. National Average: 14.9 Oklahoma Policy Review • Volume 4 Regulatory Affairs • 35 35 As the Opioid Epidemic Rages, the Legislature and Attorney General Search for a Cure By Hannah Brewster The HHS has recently announced what Oklahoma legislators reflect Hunter’s For over the past decade, the state they consider to be their top priorities in passion for ridding the state of this of Oklahoma has been gripped by a eliminating opioid addiction. According threat. Several bills were submitted devastating plague: opioid addiction. to the HHS, these priorities include dealing directly with opioid abuse. Such Oklahoma is not alone in suffering this improving access to treatment and measures include HB2368, HB2350, malady. In 2017, U.S. Department of recovery services, promoting the use of SB1033 and SB848. HB2368, authored Health and Human Services declared a overdose-reversing drugs, strengthening by Rep. and Rep. Roger our understanding of the epidemic public health emergency and announced Thompson, was signed into law by Gov. through better public health surveillance, their five-point strategy to combat the Stitt and will establish the Oklahoma providing support for cutting edge opioid crisis. Opioids are defined as Commission on Opioid Abuse in order research on pain and addiction and a class of drugs that include heroin, to effectively regulate and eliminate advancing better practices for pain fentanyl and pain relievers available opioid abuse in the state. The second by prescription, including oxycodone, of these bills, HB1354, would require hydrocodone, codeine and morphine limits and rules for opioid prescription [1]. In the late 1990s, pharmaceutical drugs. For example, after a practitioner companies falsely reassured the writes an initial prescription for an medical community that opioid pain opioid drug, they may issue a subsequent relievers were not addictive, which prescription up to a seven-day quantity caused healthcare providers to begin if the prescription was issued due to prescribing them at higher rates. As the a major surgical procedure. Thirdly, prescriptions for opioid pain relievers SB1033 would further create additional began increasing, widespread misuse management [3]. Alongside the HHS, limits on opioid prescriptions, as well as erupted across the nation and it became Oklahoma state officials have also begun require patient assessments every three evident opioids were highly addictive [2] addressing the opioid epidemic head-on. months for patients who have been The HHS has since conducted studies In March, Attorney General Mike Hunter prescribed opioid drugs. Lastly, SB848 to reveal the frightening reality of the and leaders at Oklahoma State University would limit opioid prescription amounts opioid epidemic in the U.S., as well as announced a settlement with the makers to a specified dose, as well as create other other nonprofit organizations such as the of Oxycodone, Purdue Pharma––a limitations. It is the hope of legislators website Drug Abuse. historical settlement. This settlement and state officials that actions such as For Oklahoma this threat is all too will create an endowment of nearly $200 these will effectively address the opioid real. According to data collected by Drug million for Oklahoma State University’s epidemic in the state of Oklahoma, and Abuse, the state of Oklahoma is suffering Center for Wellness and Recovery, which that within the next few years, we will greatly from the opioid epidemic. In helps treat opioid addiction. According see a drastic decrease in opioid addiction 2017, Drug Abuse reported there were to Hunter, “The addiction crisis facing among Oklahoma residents. 388 overdose deaths involving opioids our state and nation is a clear and present Sources: in Oklahoma—a startling rate of 10.2. danger. Last year alone, out of the more 1. https://www.drugabuse.gov/drugs-abuse/ deaths per 100,000 persons, compared opioids than 3,000 Oklahomans admitted to the to the national rate of 14.6 deaths 2. https://www.hhs.gov/opioids/about-the-epi- hospital for a non-fatal overdose, 80 demic/index.html per 100,000 persons. Whereas deaths percent involved a prescription opioid 3. https://www.hhs.gov/about/leadership/ involving prescription opioids have medication. Additionally, nearly 50 secretary/speeches/2017-speeches/secre- experienced decline from 444 deaths in tary-price-announces-hhs-strategy-for-fight- percent of Oklahomans who died from ing-opioid-crisis/index.html 2012 to 251 deaths in 2017, cases of death a drug overdose in 2018 were attributed 4. http://www.oag.ok.gov/attorney-general-hunt- involving synthetic opioids and deaths to a pharmaceutical drug. Deploying the er-announces-historic-270-million-settlement- with-purdue-pharma-200-million-to-establish- caused by heroin are only increasing. money from this settlement immediately In 2017, 102 Oklahomans died due to endowment-for-osu-center-for-wellness allows us to decisively treat addiction 5. https://www.drugabuse.gov/drugs-abuse/ synthetic opioid use and 61 Oklahomans illness and save lives.” [4] opioids/opioid-summaries-by-state/oklaho- lost their lives due to heroin [5]. ma-opioid-summary 36 36 • Regulatory Affairs 2019 Oklahoma Policy Review Tribal Affairs

Total Bills: 56 Signed: 18 Vetoed: 1

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 OTOE-MISSOURIA POLICE DEPARTMENT 10.7% Alaska CHICKASAW LIGHTHORSE POLICE 19.5% DEPARTMENT[1] PAWNEE NATION POLICE DEPARTMENT Oklahoma PONCA TRIBAL POLICE DEPARTMENT 12.9% CHOCTAW NATION LAW ENFORCEMENT CITIZEN POTAWATOMI PRAIRIE BAND NATION POLICE POTAWATOMI POLICE DEPARTMENT DEPARTMENT Number of Freedmen in Native Territory (later COMANCHE NATION POLICE QUAPAW TRIBAL MARSHAL Oklahoma) in 1900 by Tribe DEPARTMENT SERVICE EASTERN SHAWNEE SAC & FOX NATION TRIBAL POLICE DEPARTMENT POLICE DEPARTMENT Cherokee Chickasaw IOWA TRIBAL POLICE DEPARTMENT SANTA ANA TRIBAL POLICE DEPARTMENT 4,500 4,000 KAW NATION POLICE DEPARTMENT SEMINOLE NATION LIGHT HORSE MEN Choctaw Creek KICKAPOO TRIBAL POLICE DEPARTMENT TONKAWA TRIBAL POLICE DEPARTMENT 4,150 5,000 MIAMI NATION TRIBE OF OKLAHOMA POLICE WYANDOTTE NATION POLICE DEPARTMENT DEPARTMENT

Total: 17,050

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 4 Tribal Affairs • 37 37

Silence: Oklahoma’s Latest Response to Tribal Freedmen

By Lydia King who were previously enslaved There has never been anything simple should be treated equally about navigating the relationship and considered citizens. The between Oklahoma’s sovereign Native Choctaw and Chickasaw American nations and Oklahoma’s tribes had some of the most state government. Predicated on years complicated and convoluted of exploitation, genocide, and property provisions for slaves to gain theft, even today there appears to be their freedom and did not 3 an air of distrust in current state-tribal view them as citizens. relations. In response to this, most elected Arguments over the officials in the state, even those who may citizenship status of Native themselves have ties to Native American Americans continued on for Oklahoma Freedmen petitioning for greater tribal rights in Tulsa, OK – tribes, either by blood or through more than a century in many PHOTO BY ASSOCIATED PRESS personal experience and relationships, tribes, up until the landmark be left to the tribes and the Federal seem to err on the side of caution and case Cherokee Nation v. Nash, in 2017 government. He said that he left his name avoid taking any action which could which required that the Cherokee Nation on the bill for the sake of transparency. possibly incite conflict between the “define itself as it sees fit but must do Attempts were made to reach Secretary state and the Tribes. This tension was so equally and handedly with respect to Lisa Billy for comment over e-mail, but apparent with the introduction of HR native Cherokees and the descendants were unsuccessful. 1011, by Representative Moore. of Cherokee freedmen.” Up until that HR 1011 was one of very few measures The resolution, which was introduced point, freedmen had gone through introduced during the 57th Legislative but never actually run, was a resolution cycles of gaining and losing citizenship session which dealt directly with Native requesting that the Governor “enact as political tides turned. Citizenship that American Tribes within the state. There an amendment that recaptures the was granted may not have always been were a few other bills with components costs of providing government services enforced or respected. dealing loosely with the Native American to certain persons.” Those “certain Thus HR 1011, sought in some way Tribes, but these measures hardly persons” described in the measure to solve this issue, and re-affirm the focused on any major Tribal policies. In a are the descendants of the freedmen. citizenship of Oklahoma freedmen legislative session where so many pivotal The freedmen were slaves held by the despite the state legislature’s precedent decisions were made, from passing the Cherokee, Choctaw, Creek, Chickasaw, of not intervening in Native affairs. Rep. Constitutional Carry bill, to passing pay- and Seminole tribes around the same Moore said he made the decision not increases for many state employees, the time period as the Civil War, and their to run the resolution after a discussion silence with regard to state interactions descendants.1 These tribes have been with Secretary of Indian Affairs, Lisa between the tribes, and how they may be commonly referred to in the past as the Billy, who he said discouraged him from influenced by legislation is deafening. Five Civilized Tribes, however civilization running the bill. Lisa Billy is not only Sources was a relative term and in this case simply the Secretary of Indian Affairs, but has 1. Linda Reese, “Freedmen,” The Encyclopedia of meant that they seemed to be more also served in the Chickasaw legislature. Oklahoma History and Culture, https://www. okhistory.org/publications/enc/entry.php?en- readily accepting of Anglo-American Rep. Moore said the resolution had try=FR016 2 norms. In 1866, after a complicated origins in conversations he had with 2. Andrew K. Frank, “Five Civilized Tribes,” The series of negotiations, councils, and a group of freedmen who had come to Encyclopedia of Oklahoma History and Culture, discussions between the tribes and the him with an issue of citizenship, but then https://www.okhistory.org/publications/enc/ entry.php?entry=FI011 federal government, a landmark treaty he was brought a resolution that dealt 3. Krauthamer, B. (2013). Black Slaves, Indian was signed, requiring that slavery be with finances. He said at that point he Masters : Slavery, Emancipation, and Citizen- abolished in the five tribes. Each Native wanted to help act as a conduit between ship in the Native American South. Chapel American tribe had a different process the tribes and the State, but that the issue Hill: The University of North Carolina Press. Retrieved from http://ezproxy.metrolibrary. for granting the freedom of slaves, and of citizenship wasn’t really a question for org:2067/login.aspx?direct=true&db=nleb- differences of opinion in whether those the state and was something that should k&AN=532690&site=ehost-live&scope=site 40 40 • Tribal Affairs 2019 Oklahoma Policy Review Veteran Affairs

Total bills: 172 Signed: 39 Vetoed: 2

NATIONAL GUARD FUNDING OKLAHOMA MILITARY INSTUTIONS Air Force 3.27% Federal: State Employees Altus AFB $309,319,829 Tinker AFB State: Vance AFB

$10,035,604 22.67% Army Air Guardsmen Oklahoma Veterans Fort Sill by Service Era McAlester Army Ammunition World War II Plant 67.17% 4.8% Army guardsmen Coast Guard (believe it or not) Between Korea Coast Guard Institute Conflicts 9.4% Container Inspection Training 21.1% Iraq and Afghanistan Vietnam 71.7% Army guardsmen 17.3% 37.4% 26.7% Air Guardsmen Gulf War 3.27% State Employees 20.2%

PROPERTY

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 Army: 48 Installations in 25 counties 5 major Subordinate commands (125 units) AIR: 2 Wings in 2 counties (37 seperate units)

Oklahoma Policy Review • Volume 4 Veteran Affairs • 41 41 House Bill 2362 and Oklahoma’s Evolving Code of Military of Justice By Remington B. Naputi with House Bill 2362 (Co-Authored procedures, rights, and codes, among The 57th Legislature had quite a busy by Senator ). This bill is a other things. The massive 264-page comprehensive military-code reform law begins by establishing whom the first regular session. This rings especially which creates all new language and “Military Department” consists of, true for the record number of freshman regulations so as to update the old code listing all members of the National legislators working at the Capitol, along which hadn’t received a major update Guard and the Air National Guard as with a brand-new executive in Governor in decades. This change, along with those who must abide by the proceeding Kevin Stitt. When examining all the other minor ones, have ensured that code, acting under the command of the hectic, important bills being proposed this specific Department is keeping up Adjutant Governor, and the Governor and passed such as constitutional carry, with the evolution of ideas and agendas of Oklahoma, except when acting under the unity proposal on medical marijuana, which all the fresh-faced legislators, and federal duty. From there, the Bill goes on and mandating five-day school weeks, incumbent veterans, have brought with to list various definitions and terms used one can forget that the hot-topic issues them into the State Capitol this session. throughout the text before establishing are not the only policy areas where As previously alluded, HB 2362 various areas of jurisdiction among major reform and change are occurring. brings to fruition a massive overhaul States and Civil courts. Although the Department of Military to Oklahoma’s State Military Code. This updated code allows the State and Veteran Affairs frequently flies When evaluating this Bill, it seems that military to maintain custody over under the general public’s radar, there Representative Kannady had balance offenders regardless of geographical have been plenty of bills proposed which in mind during the drafting of the location, meaning that those who increase comfort of life for veterans and legislation, creating a system for offenders commit offenses against the Code in others which completely reform State and victims alike which fosters equality other states will be tried in a trial by military procedures. Leading the charge and objectivity. This aspect is invaluable court-martial within Oklahoma. The so to speak, are Representative Chris when considering the vast history of code, however, does allow civilian Kannady and Senator Frank Simpson’s injustice which has occurred within our courts to take precedence in cases where renovation to the Oklahoma Uniform military courts system. With this new civilian and military law overlaps. Only Code of Military Justice (OUCMJ) legislation, comes the modernization of after the civilian courts dismiss charges 42 42 • Veteran Affairs 2019 can the State military then proceed with or appeals. After this section, the which this legislation addresses, rules trial by court-martial, so long as there is bill outlines the legal requirements, and punishments are drafted for the no double-jeopardy involved. Perhaps necessary qualifications, and guidelines act of retaliation against any member most importantly, the bill out-lines a for the appointment of members to the whom is a victim or whistleblower for plethora of rights given to victims of Military Court of Appeals. Following any offenses being committed within enlisted offenders. These include the the typical bureaucratic system of the Code. This article within the Code right for victims to receive notifications government and military, the board will will hopefully help create a system and of all hearings, the ability to attend these consist of at least three members whom atmosphere in which victims are able hearings, and notifications when any are to be nominated by the State Judge and willing to come forward in cases of accused offenders escape or are released, Advocate, submitted to the Governor abuse or wrong-doing, which would be similar to “Marsy’s Law”, which passed for approval, and then sent on to the a big step forward from past military via SQ 794 during last year’s mid-terms, Senate for confirmation. This process cultures. The legislation finally wraps up that grants victims additional rights is in place to ensure that only the most by establishing fines and punishments such as the aforementioned notification qualified and honest will be honored for various offenses such as desertion, regarding instances of escaped offenders with serving on the Oklahoma Military contempt, willful disobedience or and giving victims more rights in the plea Court of Appeals. This fact is reinforced insubordination, mutiny or sedition, the bargaining process. The updated Code by the various reasons for which these non-consensual broadcasting of intimate then establishes procedures and rights Appellate Judges may be removed from videos or images, and stalking. for those being arrested or accused of a the board, such as gross neglect of duty, While there were many more aspects violation, granting them notifications corruption, habitual drunkenness, gross to the code which were not mentioned, ahead of all proceedings, among other partiality, forcible oppression, and overall, this legislation seems to be rights such as the right to confer with mental or physical disability. a step in the right direction when it Judge Advocates ahead of all meetings. Preceding this section is yet another comes to establishing a modern and Additionally, the bill lays the framework important update to the Oklahoma justice-promoting military code, which by which nonjudicial punishment will Uniform Code of Military Justice which Representative Kannady seems to agree occur for both officers and enlisted addresses instances of leadership abuse with. Luckily, Representative Kannady members alike, allowing trial by court- and sexual assault, which are both was gracious enough to sit down with martial to be had in lieu of all nonjudicial unfortunately pressing issues within me for a few minutes while we discussed punishments. today’s military. This part of the bill this piece of legislation and what he Next, the code creates regulations for outlines the various positions which hopes to achieve with it. To begin, I court-martial, defining who may attend are held to higher standards and are asked Representative Kannady what these trials, along with restrictions on restricted from sexual conduct or the he believed were the key issues being penalties for crimes requiring trial by abuse of junior members. These positions resolved by the proposed legislation, to court-martial, giving commanding include officers, military recruiters, and which he responded that jurisdictional officers a clear description of the process those in training leadership positions. issues were an important factor he had which is to be followed. From here, the In addition, the text specifically in mind during the drafting of HB 2362. legislation lists the various qualifications excludes consent as a valid excuse for He explained that previously, deciding required by Judge Advocates and these actions. It also gives the Adjutant who retained jurisdiction was a hazy, Military Judges, ensuring that each General the right to establish additional muddled process. With this bill, the state member is competent and apt so as definitions and regulations for sexual and commander for whom the offender to fulfill justice to its fullest potential. abuse. Continuing the topic of sexual operates under will retain jurisdiction Statutes of limitation also play a large assault, HB 2362 then lists the various and will be able to extradite those role in ensuring justice, stating that no forms in which sexual assault can occur, accused back to their home base for trial. crime committed more than three years defining each form and listing the cases We then moved on to what the main prior is eligible for trial by court-martial, where sexual conduct will be seen and goals were that he wished to accomplish while also positing that all punishments charged as sexual assault or aggravated by authoring this bill. He stated that must be carried out within two years sexual assault. As previously mentioned, he hopes to modernize the Oklahoma of the imposition of said punishment. this section provides a much-needed Uniform Code of Military Justice so as to HB 2362 then establishes processes update to the Code, allowing for greater better coincide with the National Military for basic court-room procedures, comfort and safety among female, male, Code, along with other surrounding such as testimonies, depositions, the and homosexual members of the armed States’ codes. He hopes to produce a applicability of evidence, and re-hearings forces. As for the last important topic military-code which will be beneficial for Oklahoma Policy Review • Volume 4 Veteran Affairs • 43 43 years to come, while making it simplistic given the liberty to customize the code it received a vote of 27 “yeas” and 20 enough (as far as intricate laws and so that they may address issues which “nays”. Lastly, the House adopted the statutes go) to be easily amended as time are more prominent in their region Senate amendments and passed the bill, goes on and needs evolve. Representative than others. This allows for diversity in yet again unanimously, on May 9th via Kannady explained that this bill updates law and a code which conforms to that a vote of 91 “yeas” and 0 “nays”, before much of the old code which has been specific state’s needs and military culture. being signed into law by Governor Stitt rendered obsolete by the passing of time, HB 2362 is a necessary and valuable on May 16th. With the Governor’s along with implementing some of the bill to the state of Oklahoma and our signature, Oklahoma’s military-code more justice-perpetuating laws used in militia, a sentiment with which the received a much-needed reformation, civilian courts. 57th legislature seems to agree with, as renovation, and modernization. Additionally, he wants to provide it passed congress with little resistance. clear and concise language which allows To begin its journey, the bill was filed Thanks to the hard work by the the military courts to enact sanctions and placed on January 17th, before being authors of HB 2362, Oklahoma’s military on offenders without confusion or referred to Veterans and Military Affairs personnel can now confidently trust in repercussions as a result of interpretation on February 5th for its second reading. our Uniform Military Code of Justice to or discretion. I then became curious It passed committee with a committee provide the resources and stipulations so and inquired how this updated code substitute on February 25th, then was as to ensure fair, non-biased trials, which compares to those of other surrounding heard on the House floor on March 7th have historically been lacking throughout states. He gave an adequate articulation where it received a floor amendment the United States. on the process of code-creating, before passing unanimously with 96 Sources declaring that the states generally follow “yeas” and 0 “nays”. One in the Senate, it Oklahoma Uniform Code of Military Justice, H.B. a model-code, which acts as the skeleton was assigned to the judiciary committee 2362, 57th Cong., Rep. Chris Kannady and Sen. for the legislators to flesh out and define where it passed with a committee Frank Simpson, 256 pgs., (2019). the minutiae within. While each states’ substitute on April 9th. It then passed (n.d.). Retrieved April 20, 2019, from http://legisla- military-codes are similar, they are all off the Senate floor on April 25th, where tivereport.com/lr/bills/9_HB2362

OPINION industry after the laws are established, To be part of that process means you CONTINUED FROM PAGE 34 or you can help shape the laws and are carrying the torch for our next your entire industry by helping to rewriting it and finessing it into The generation of Oklahoma business discover what laws are actually good Unity Bill. Now, the Medical Marijuana people. This is the “Boomtown” of the and which ones are not right to ensure industry can provide steady growth 21st century, our Green Rush. a thriving long term economy.” That and sustain our economy through SQ788’s child, The Unity Bill, is set the downturns. But, just like our to go into effect on August 28, 2019 grandfathers and great grandfathers, and its’ success is due to the fact that we will need to stand and collaborate over 2,000 growers, 1,200 dispensary with legislators to help direct policy owners, 600 processors and 68,678 and regulations in a positive direction patients and counting are now part of that does not kill the goose that lays the helping legislators to write, rewrite, golden eggs. This has been my journey. and rewrite again legislation for their After SQ788 passed in 2018, I industry. And when I feel discouraged, informed the board of our 100 year old I just remember how my great APCO Oil Company (founded by my grandfather must have felt drilling for great grandfather J. Steve Anderson and his partner Lev Prichard) about oil within city limits in the 1930s. As my intentions to diversify us into the is the difference between launching Walt Disney once said, “It’s kind of fun Medical Marijuana industry. Everyone a good company and creating a time to create the impossible.” dissuaded me, encouraging me to wait tested institution. Laws and regulations until the laws were set. My answer was are not only created for the people, Ford Austin, CEO this, “You can either wait to enter the but more importantly, by the people. THE APCO GROUP 44 44 • Opinion 2019