Monday, March 28, 2011
Weekly Column: Property Tax Reform
Property tax reforms that would put two state questions to Oklahoma voters are now awaiting Senate consideration. House joint resolutions 1001 and 1002 were approved overwhelmingly by House lawmakers.
A recent study by the Tax Foundation showed that Oklahoma has the eighth-fastest growing property tax levy in the nation. House Joint Resolution 1001 would allow voters to impose a permanent freeze on property tax levels for seniors over 65 for as long as they own their homes. House Joint Resolution 1002 will create a state question for voters on whether or not to put a 3-percent annual cap on future property tax increases. Under current law, property tax valuations can increase 5 percent each year.
Though I am no fan of the state income tax, property taxes present a unique problem in that they can continue to rise even as one’s income declines or stays fixed at a current rate. Senior citizens face many difficulties as they navigate health care costs, inflation and rising property taxes on a fixed income. My hope is that this will make their life just a little easier.
Currently, House lawmakers are reviewing Senate bills in committee. I will keep you posted as legislation begins to emerge from this process.
If you have questions or need information, please contact my office at josh.cockroft@okhouse.gov or (405) 557-7349. Rep. Cockroft is on Facebook and on Twitter, votecockroft27. Video footage of the House Chamber is also available at http://okhouse.mediasite.com/mediasite/Catalog/catalogs/default.aspx.
Speaker Kris Steele: Reforming DHS to Protect Children in State Custody
Children are Oklahoma’s most precious resources and our state must do everything in its power to keep them safe and secure. Statistics indicate more than 8,300 Oklahoma children are currently in custody of the Oklahoma Department of Human Services. This means more than 8,000 children are no longer living in their home.
Our state is accountable for ensuring that children in foster care receive necessary services and adequate safe guards. Many of these youth face a host of challenging issues such as separation from family and emotional trauma. Unfortunately, if successful reunification does not occur, these children, when returned home, will again fall victim to abuse, neglect, and in some horrific cases…. death.
Such was the case of 7-year-old Aja Johnson. Nearly a year ago Aja was found dead in a wooded area in rural Norman, OK. Here stepfather, Lester Hobbs, a documented violent offender, tragically murdered this innocent 7-year-old girl. Aja’s death prompted the House of Representatives to conduct an interim study and draft legislation designed to prevent similar situations from occurring in the future. It was determined that a simple background check would have revealed the violent past of Hobbs, who was, at one time, living in the home of Aja Johnson. Yet background checks are not currently required prior to reunification of a child with his or her biological parent.
House Bill 2136 seeks to change the law by requiring the Oklahoma Department of Human Services (OKDHS) to conduct criminal background checks on every adult living in a home before a foster child is reunited with a parent. All factors should be considered before children in vulnerable, at-risk situations, are placed in a home. Background checks are a common sense step to ensure a safe reunification for every family.
In complex child protection cases, like that of Aja Johnson, numerous state agencies and service providers are involved, yet there is often a lack of clear communication and timely exchange of information. House Bill 2136 would address this dilemma by requiring relevant information is shared with every entity influencing the placement of a child. It is critical that the attorneys, judges, and advocates have timely access to accurate documentation about family dynamics and service plan goals before determining the child’s placement. A high level of coordination will prevent misunderstanding and reduce undesirable outcomes.
In addition, HB 2136 directs DHS to conduct an actual investigation when at least three complaints of alleged neglect or abuse are reported. Current law allows DHS to determine whether to screen-out, refer, or investigate a complaint when a report is filed alleging abuse or neglect.
In the last seven months, 1,613 Oklahoma children have been reunified with their families. The goal of HB 2136 is to ensure children are living in a stable and secure environment.
The House of Representatives is committed to ensuring the safety of Oklahoma children, and by enacting commonsense safeguards, our state can fulfill its primary obligation of protecting our most vulnerable citizens.
Wednesday, March 23, 2011
Governor Mary Fallin Issues Statement on Anniversary of Federal Health Care Law Passage
FOR IMMEDIATE RELEASE
March 23, 2011
OKLAHOMA CITY – Governor Mary Fallin issued the following statement today regarding the one year anniversary of the passage of the federal health care law. While in Congress, Fallin voted against the bill.
She supports the national effort to repeal and replace the law with legislation as well as the legal effort to have the bill struck down by the U.S. Supreme Court. Oklahoma is one of the many states that filed a legal challenge to the federal law.
Fallin’s statement:
“A year ago today, President Obama signed into law one of the most ill-conceived pieces of legislation to have ever come from Washington, D.C.: the Patient Protection and Affordable Care Act. ‘ObamaCare,’ as it has come to be known, is both an assault on our constitutional liberties and a burden on our already struggling economy.
“In Oklahoma, the law stands to impose approximately $441 million in unfunded mandates on our state government at a time when we are already struggling to balance our budget and pull our economy out of a recession. And unlike the federal government, we can’t print money or borrow it from China – those funds will come directly out of other government programs in Oklahoma.
“I was proud to be one of the 65 percent of Oklahomans who voted for and helped to pass an amendment to the Oklahoma Constitution designed to block the ‘individual mandate’ contained within the federal health care law. As governor, I continue to offer my full support to our attorney general, who is leading our legal challenge against ObamaCare, as well as the national effort to repeal and replace the law.”
March 23, 2011
OKLAHOMA CITY – Governor Mary Fallin issued the following statement today regarding the one year anniversary of the passage of the federal health care law. While in Congress, Fallin voted against the bill.
She supports the national effort to repeal and replace the law with legislation as well as the legal effort to have the bill struck down by the U.S. Supreme Court. Oklahoma is one of the many states that filed a legal challenge to the federal law.
Fallin’s statement:
“A year ago today, President Obama signed into law one of the most ill-conceived pieces of legislation to have ever come from Washington, D.C.: the Patient Protection and Affordable Care Act. ‘ObamaCare,’ as it has come to be known, is both an assault on our constitutional liberties and a burden on our already struggling economy.
“In Oklahoma, the law stands to impose approximately $441 million in unfunded mandates on our state government at a time when we are already struggling to balance our budget and pull our economy out of a recession. And unlike the federal government, we can’t print money or borrow it from China – those funds will come directly out of other government programs in Oklahoma.
“I was proud to be one of the 65 percent of Oklahomans who voted for and helped to pass an amendment to the Oklahoma Constitution designed to block the ‘individual mandate’ contained within the federal health care law. As governor, I continue to offer my full support to our attorney general, who is leading our legal challenge against ObamaCare, as well as the national effort to repeal and replace the law.”
Tuesday, March 22, 2011
Monday, March 21, 2011
Weekly column: March 21-25
Cockroft Column: The Merits of Lawsuit Reform
By Rep. Josh Cockroft
Non-economic damages for pain and suffering is the focus of one piece of legislation conservative lawmakers hope to pass this legislative session. Unlike damages for lost wages, medical bills and other easily quantifiable costs, non-economic damages are hard to put a number on and have led to sky's-the-limit awards in lawsuits.
Most of us have heard of at least one of these lawsuits in which an individual won millions of dollars with a case that seemed worth much less. There was a McDonald's customer who spilled hot coffee on herself and was awarded millions. There was the case of a man who stuck his hand under a running lawnmower and became equally rich. Though we sympathize with an individual who has been injured, we do not necessarily think they deserve an obscene amount of money from a company, especially if they had a part in injuring themselves and it seemed arguable how much of the fault lay with the company.
Some may feel that little harm is done by a rich company having to pay out a large lump of money to an individual who has been injured. In reality, however, corporations don't pay these judgments: Their customers (you and I) do through higher prices. In addition, it is not only large companies that suffer. Doctors are one of the most common targets for lawsuits and it is documented that these lawsuits are a driving force behind higher health care costs. Now that some states have passed lawsuit reform, doctors have moved to those states rather than stay in places where they are given no protection from limitless claims. The Legislature has tried to focus their attention only on doctors in the past, but was limited by the state Supreme Court, which ruled that they cannot target a specific industry.
The legislation conservatives are pushing for will put a cap on non-economic damages, but takes into careful consideration the type of circumstances that would make that cap inappropriate. There are a number of circumstances under which the cap can be removed, including the death of the injured party and gross negligence on the part of the defendant.
Another bill will ensure that defendants remain responsible for the portion of damages for which they are at fault. Under current law, defendants can be responsible for paying a higher percentage of awards to plaintiffs, beyond the percentage of their fault, based on their ability to pay. Basically, the richest guy in the room is the one who pays all the damages, even if he is only 10 percent liable.
Caps on non-economic damages are a source of great contention. The topic of how much under what circumstances was passionately debated on the House floor. I personally believe the issue of caps for damages should be a conversation we should continue to have in the years to come because there are great arguments on both sides. But at the end of the day, the fact remains: We need to have lawsuit reform passed this year to stop abuses in the system that are hurting our business and health care climate.
If you have questions or need information, please contact my office at josh.cockroft@okhouse.gov or (405) 557-7349. Rep. Cockroft is on Facebook and on Twitter, votecockroft27. Video footage of the House Chamber is also available at http://okhouse.mediasite.com/mediasite/Catalog/catalogs/default.aspx.
By Rep. Josh Cockroft
Non-economic damages for pain and suffering is the focus of one piece of legislation conservative lawmakers hope to pass this legislative session. Unlike damages for lost wages, medical bills and other easily quantifiable costs, non-economic damages are hard to put a number on and have led to sky's-the-limit awards in lawsuits.
Most of us have heard of at least one of these lawsuits in which an individual won millions of dollars with a case that seemed worth much less. There was a McDonald's customer who spilled hot coffee on herself and was awarded millions. There was the case of a man who stuck his hand under a running lawnmower and became equally rich. Though we sympathize with an individual who has been injured, we do not necessarily think they deserve an obscene amount of money from a company, especially if they had a part in injuring themselves and it seemed arguable how much of the fault lay with the company.
Some may feel that little harm is done by a rich company having to pay out a large lump of money to an individual who has been injured. In reality, however, corporations don't pay these judgments: Their customers (you and I) do through higher prices. In addition, it is not only large companies that suffer. Doctors are one of the most common targets for lawsuits and it is documented that these lawsuits are a driving force behind higher health care costs. Now that some states have passed lawsuit reform, doctors have moved to those states rather than stay in places where they are given no protection from limitless claims. The Legislature has tried to focus their attention only on doctors in the past, but was limited by the state Supreme Court, which ruled that they cannot target a specific industry.
The legislation conservatives are pushing for will put a cap on non-economic damages, but takes into careful consideration the type of circumstances that would make that cap inappropriate. There are a number of circumstances under which the cap can be removed, including the death of the injured party and gross negligence on the part of the defendant.
Another bill will ensure that defendants remain responsible for the portion of damages for which they are at fault. Under current law, defendants can be responsible for paying a higher percentage of awards to plaintiffs, beyond the percentage of their fault, based on their ability to pay. Basically, the richest guy in the room is the one who pays all the damages, even if he is only 10 percent liable.
Caps on non-economic damages are a source of great contention. The topic of how much under what circumstances was passionately debated on the House floor. I personally believe the issue of caps for damages should be a conversation we should continue to have in the years to come because there are great arguments on both sides. But at the end of the day, the fact remains: We need to have lawsuit reform passed this year to stop abuses in the system that are hurting our business and health care climate.
If you have questions or need information, please contact my office at josh.cockroft@okhouse.gov
Thursday, March 17, 2011
Bill Addressing Accessible Health Care Passes House
FOR IMMEDIATE RELEASE:
Contact: Lisa Liebl
Capitol: (405) 962-7674
OKLAHOMA CITY – House Speaker Kris Steele, R-Shawnee, Rep. Glen Mulready, Rep. comment on HB 2130, approved today by the House of Representatives. The measure defines the membership and appointments to the Health Care for the Uninsured Board (HUB) which will oversee the implementation of the health care exchange.
House Speaker Kris Steele:
“Oklahoma ranks fifth highest in the nation in the percentage of citizens without health insurance. We now have the opportunity to construct a system that will provide meaningful access to quality, affordable health care coverage. The health care Exchange will empower Oklahomans to make good choices for their families. It will also enable small business owners to purchase health plans that best meet their needs.”
Rep. Glen Mulready:
“This is an important step towards ensuring that any Exchange established in Oklahoma is a free enterprise and focused solution for private markets. It incorporates the continued role of professional insurance brokers and agents in helping Oklahoma families make the best long term healthcare decisions for their families. The last thing we want to do is leave this role to the federal government. This establishes our governing board and confirms we have state control that best suits the state of Oklahoma.”
Rep. Mark McCullough:
“It is very exciting for me to see Oklahoma’s Insurance Exchange actually taking shape. It has been over three years since Ed Haislmaier of the Heritage Foundation first came to the Capitol to discuss this groundbreaking innovation in health insurance delivery. Oklahoma is on its way to leading the nation away from top-down, government run health care and toward individual choice and the free market.”
NEXT STEP:
House Bill 2130 passed the House by a vote of 51-34. It now heads to the Senate for additional consideration.
Contact: Lisa Liebl
Capitol: (405) 962-7674
OKLAHOMA CITY – House Speaker Kris Steele, R-Shawnee, Rep. Glen Mulready, Rep. comment on HB 2130, approved today by the House of Representatives. The measure defines the membership and appointments to the Health Care for the Uninsured Board (HUB) which will oversee the implementation of the health care exchange.
House Speaker Kris Steele:
“Oklahoma ranks fifth highest in the nation in the percentage of citizens without health insurance. We now have the opportunity to construct a system that will provide meaningful access to quality, affordable health care coverage. The health care Exchange will empower Oklahomans to make good choices for their families. It will also enable small business owners to purchase health plans that best meet their needs.”
Rep. Glen Mulready:
“This is an important step towards ensuring that any Exchange established in Oklahoma is a free enterprise and focused solution for private markets. It incorporates the continued role of professional insurance brokers and agents in helping Oklahoma families make the best long term healthcare decisions for their families. The last thing we want to do is leave this role to the federal government. This establishes our governing board and confirms we have state control that best suits the state of Oklahoma.”
Rep. Mark McCullough:
“It is very exciting for me to see Oklahoma’s Insurance Exchange actually taking shape. It has been over three years since Ed Haislmaier of the Heritage Foundation first came to the Capitol to discuss this groundbreaking innovation in health insurance delivery. Oklahoma is on its way to leading the nation away from top-down, government run health care and toward individual choice and the free market.”
NEXT STEP:
House Bill 2130 passed the House by a vote of 51-34. It now heads to the Senate for additional consideration.
Lawmakers Vote to Ban Destructive Research on Embryos
FOR IMMEDIATE RELEASE:
Contact: State Rep. George Faught
Capitol: (405) 557-7310
OKLAHOMA CITY – A bipartisan majority of House lawmakers voted overwhelmingly today to make it illegal to create human embryos for destruction in experiments, and prohibit their use for research purposes.
“We value life here in Oklahoma. And it is for that very reason that I am happy to run this Americans United for Life request bill banning the destructive research on embryonic stem cells,” said state Rep. George Faught, R-Muskogee. “While we in no way dispute the fact that the ability to treat or heal suffering persons is a great good, we also recognize that not all methods of achieving a desired good are morally or legally justifiable.”
House Bill 1442, by Faught, creates the “Destructive Human Embryo Research Act.” The proposed law would make it illegal to “intentionally or knowingly conduct destructive research on a human embryo” or to “buy, sell, receive, or otherwise transfer a human embryo with the knowledge that such embryo shall be subjected to destructive research.”
The legislation states that the destruction of human embryos to obtain embryonic stem cells “raises grave moral, ethical, scientific, and medical issues that must be addressed,” and that the moral justification for medical or scientific research “cannot be based upon the dehumanizing and utilitarian premise that the end justifies any means.”
Faught noted that the Center for Bioethics and Human Dignity has declared that “the destruction of human embryonic life is unnecessary for medical progress, as alternative methods of obtaining human stem cells and of repairing and regenerating human tissue exist and continue to be developed.”
In addition to avoiding moral issues, Faught said the proposed law would prevent the unnecessary diversion of financial resources from effective alternatives.
“The embryonic stem cell fervor has blinded people to what else is available in the medical research field,” Faught said. “The focus as well as the financial resources are being diverted from the very promising field of adult stem cell research, which to date has yielded at least 73 cures or treatments, to the extremely controversial and to date unsuccessful research field of embryonic stem cells, which has generated zero results.”
He noted Oklahoma has dedicated millions to adult stem cell research. In 2009, the Oklahoma Tobacco Settlement Endowment Trust committed $500,000 for a year-long planning phase for adult stem cell research funding, followed by $1 million per year funding for the following five-year implementation phase, for a total of $5.5 million.
“This issue must not be reduced to one of economics – we are proud of our medical research institutions and the medical advances that have been made,” Faught said. “This bill does not take away any of those studies currently being done. Not one research dollar that is currently being spent in Oklahoma is affected by this legislation. But the devaluation of one group of human beings for the alleged benefit of others is a price we simply cannot afford to pay.
“In simple terms – this bill prohibits the destruction of a human embryo – a fertilized egg, the very earliest stage of life for the purposes of research.”
House Bill 1442 passed the Oklahoma House of Representatives on an 86-8 vote. It now goes to the state Senate.
Contact: State Rep. George Faught
Capitol: (405) 557-7310
OKLAHOMA CITY – A bipartisan majority of House lawmakers voted overwhelmingly today to make it illegal to create human embryos for destruction in experiments, and prohibit their use for research purposes.
“We value life here in Oklahoma. And it is for that very reason that I am happy to run this Americans United for Life request bill banning the destructive research on embryonic stem cells,” said state Rep. George Faught, R-Muskogee. “While we in no way dispute the fact that the ability to treat or heal suffering persons is a great good, we also recognize that not all methods of achieving a desired good are morally or legally justifiable.”
House Bill 1442, by Faught, creates the “Destructive Human Embryo Research Act.” The proposed law would make it illegal to “intentionally or knowingly conduct destructive research on a human embryo” or to “buy, sell, receive, or otherwise transfer a human embryo with the knowledge that such embryo shall be subjected to destructive research.”
The legislation states that the destruction of human embryos to obtain embryonic stem cells “raises grave moral, ethical, scientific, and medical issues that must be addressed,” and that the moral justification for medical or scientific research “cannot be based upon the dehumanizing and utilitarian premise that the end justifies any means.”
Faught noted that the Center for Bioethics and Human Dignity has declared that “the destruction of human embryonic life is unnecessary for medical progress, as alternative methods of obtaining human stem cells and of repairing and regenerating human tissue exist and continue to be developed.”
In addition to avoiding moral issues, Faught said the proposed law would prevent the unnecessary diversion of financial resources from effective alternatives.
“The embryonic stem cell fervor has blinded people to what else is available in the medical research field,” Faught said. “The focus as well as the financial resources are being diverted from the very promising field of adult stem cell research, which to date has yielded at least 73 cures or treatments, to the extremely controversial and to date unsuccessful research field of embryonic stem cells, which has generated zero results.”
He noted Oklahoma has dedicated millions to adult stem cell research. In 2009, the Oklahoma Tobacco Settlement Endowment Trust committed $500,000 for a year-long planning phase for adult stem cell research funding, followed by $1 million per year funding for the following five-year implementation phase, for a total of $5.5 million.
“This issue must not be reduced to one of economics – we are proud of our medical research institutions and the medical advances that have been made,” Faught said. “This bill does not take away any of those studies currently being done. Not one research dollar that is currently being spent in Oklahoma is affected by this legislation. But the devaluation of one group of human beings for the alleged benefit of others is a price we simply cannot afford to pay.
“In simple terms – this bill prohibits the destruction of a human embryo – a fertilized egg, the very earliest stage of life for the purposes of research.”
House Bill 1442 passed the Oklahoma House of Representatives on an 86-8 vote. It now goes to the state Senate.
House Approves Bill to Let Lawmakers Opt Out of State-funded Benefits
FOR IMMEDIATE RELEASE:
Contact: State Rep. Dustin Roberts
Capitol: (405) 557-7366
OKLAHOMA CITY – Legislation that would free up taxpayer money by letting lawmakers opt out of the state employees’ group health and life insurance plans was approved by the Oklahoma House of Representatives today.
“The intent of this legislation is to allow state lawmakers who receive coverage through a private business or practice to opt out of receiving state-funded benefits,” Roberts, R-Durant, said. “The monthly rate for coverage ranges from $602 to $1,578 depending on the number of family members covered. If 25 percent of state lawmakers were to opt out in a given plan year, the savings could add up to about a half a million dollars.”
House Bill 1062 would let lawmakers opt out as long as they are covered by a separate insurance plan. Under the legislation, any money saved would be retained by the state and could be spent elsewhere.
Under current law, lawmakers receive a benefit allowance to pay for state insurance premiums. If they choose a plan that costs less than their allowance, they pocket the money.
“The law requires us to pocket that money right now,” Roberts said. “It just seems silly to those of us that have insurance coverage already. We would rather just opt out and let the state spend that money elsewhere.”
House Bill 1062 passed by a vote of 70 to 26. It now proceeds to the Senate for consideration.
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Contact: State Rep. Dustin Roberts
Capitol: (405) 557-7366
OKLAHOMA CITY – Legislation that would free up taxpayer money by letting lawmakers opt out of the state employees’ group health and life insurance plans was approved by the Oklahoma House of Representatives today.
“The intent of this legislation is to allow state lawmakers who receive coverage through a private business or practice to opt out of receiving state-funded benefits,” Roberts, R-Durant, said. “The monthly rate for coverage ranges from $602 to $1,578 depending on the number of family members covered. If 25 percent of state lawmakers were to opt out in a given plan year, the savings could add up to about a half a million dollars.”
House Bill 1062 would let lawmakers opt out as long as they are covered by a separate insurance plan. Under the legislation, any money saved would be retained by the state and could be spent elsewhere.
Under current law, lawmakers receive a benefit allowance to pay for state insurance premiums. If they choose a plan that costs less than their allowance, they pocket the money.
“The law requires us to pocket that money right now,” Roberts said. “It just seems silly to those of us that have insurance coverage already. We would rather just opt out and let the state spend that money elsewhere.”
House Bill 1062 passed by a vote of 70 to 26. It now proceeds to the Senate for consideration.
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Weekly wrap from the Capitol: A busy week at the Capitol
Weekly Wrap
Property Tax Reforms Sent to Senate
Legislation reforming Oklahoma’s property tax laws passed out of the Oklahoma House of Representatives this week.
House Joint Resolution 1001 would impose a permanent freeze on property tax levels for seniors over 65 for as long as they own their homes.
One recent study by the Tax Foundation showed that Oklahoma has the eighth-fastest growing property tax levy in the nation.
House Joint Resolution 1001 passed on a bipartisan 83-13 vote. It now goes to the state Senate.
House Joint Resolution 1002 would allow Oklahoma citizens to vote to impose a 3-percent annual cap that would limit future property tax increases.
Under current law, property tax valuations can increase 5 percent each year.
House Joint Resolution 1002 passed the Oklahoma House of Representatives on an 81-16 vote. It now goes to the state Senate for consideration.
Oklahoma is not the only state considering such reforms this year.
New Jersey recently imposed a 2-percent property tax cap and 72 percent of Indiana voters recently voted to enact a 1-percent cap.
Corrections Reform Clears House
Legislation that would revise Oklahoma’s correction law to increase the use of alternative sentencing programs gained easy approval in the Oklahoma House of Representatives this week.
House Bill 2131 proposes a number of reforms including changing the default sentencing structure from consecutive to concurrent terms, enhancing eligibility for community sentencing and Global Position System Monitoring programs, and limiting the governor’s role in the parole process for non-violent offenders.
The legislation is intended to reduce taxpayer expenditures on corrections while also reducing recidivism among offenders, ultimately improving public safety.
House Bill 2131 passed the Oklahoma House of Representatives on an 87-4 vote. It now proceeds to the state Senate.
Lawmakers Vote to Prevent Corrections Furloughs
House lawmakers voted this week to allow the Department of Corrections to access millions of dollars sitting idle in a special fund to pay officers and avoid significant furlough days.
Senate Bill 970 will allow the Department of Corrections to use up to $4 million from the Correctional Industries’ fund to reduce planned furlough days of corrections officers. The DOC is currently authorized to access only $1.25 million.
The bill’s passage will enable the Department of Corrections to reduce planned furloughs from four days a month to just one day a month.
The legislation also helps address critical needs in the Department of Corrections (DOC) without adding to the $500 million gap facing the state.
Senate Bill 970 passed the Oklahoma House of Representatives on a 92-7 vote. It now goes to Gov. Mary Fallin, who is expected to sign it into law.
Lawsuit Reform Advances
Legislation enacting lawsuit reform to reduce frivolous lawsuit seeking “jackpot justice” gained House approval this week.
House Bill 2128 would limit noneconomic damages (so called “pain and suffering” awards) for bodily injury to $350,000.
The bill includes an exception so there is no limit on the amount of noneconomic damages in a civil action for bodily injury resulting from negligence if the defendant acted recklessly, fraudulently, or intentionally, or was grossly negligent.
Because “pain and suffering” damages involve no direct economic loss and have no precise value, it is very difficult for juries to assign a dollar value to these losses. As a result, awards tend to be erratic and, because of the highly charged environment of personal injury trials, can become wildly excessive. The reforms of House Bill 2128 would provide greater clarity and predictability for the legal system.
The bill would continue to allow full recover for actual damages, such as medical expenses, lost wages, etc.
House Bill 2128 passed the Oklahoma House of Representatives on a 57-40 vote. The bill now goes to the state Senate.
House Approves “Closing Fund”
The Oklahoma House approved legislation to create the Oklahoma Quick Action Closing Fund.
House Bill 1953 would allow the governor to dip into the fund to provide financial incentives to companies considering relocating or expanding in Oklahoma.
The incentives would have to be performance based and companies receiving state funds would enter into an agreement with the Department of Commerce. The bill contains guidelines should a company fail to meet the required performance provisions.
House Bill 1953 passed 79-17 and now goes to the state Senate.
House Votes to Reform Union Law
House lawmakers approved legislation that repeals a state law requiring collective bargaining for nonuniformed workers in nine cities.
House Bill 1593 would repeal a 2004 law that required unionization for nonuniformed employees in cities with at least 35,000 residents.
The bill would not affect the four cities that had collective bargaining agreements with nonuniformed workers prior to 2004 – Oklahoma City, Tulsa, Norman and Muskogee.
The legislation would only affect nine cities.
House Bill 1593 passed 59-38 and now goes to the state Senate.
IT Modernization Advances; Measure Could Save Millions
The Oklahoma House of Representatives has approved legislation proposed to save millions of taxpayers dollars thought the implementation of information technology (IT) process reforms.
The reforms are part of Governor Mary Fallin’s plan to generate $190 million in savings this year – $140 million from the incorporation of the IT reforms, along with $50 million in savings from a temporary freeze on IT purchases.
House Bill 1304 seeks to implement a report from the Capgemini consulting firm, which found that the state utilizes 76 separate redundant financial tracking systems despite the fact that the state has one enterprise-wide financial software that all agencies should be using. There are 22 unique time and attendance systems, 17 imaging systems, 48 reporting and analytics applications, 30,000 desktop computers of which 2,000 are not in use, 25 different desktop operating systems, 133 email systems, and 27 SQL Server and Oracle systems with 92 percent of the SQL Server programs not being supported.
The study also referenced a report by the Gartner Group, which indicates Oklahoma is spending $35.6 million more than the average IT spend of other state governments.
House Bill 1304 passed the Oklahoma House of Representatives on a 52-45 vote and now to the state Senate for consideration.
Bill to combine school superintendents advances
Legislation providing financial incentives to school districts that hire the same superintendent as part of an effort to consolidate administrative functions gained House approval this week.
House Bill 2115 would allow school districts that share administrators to receive funding from the School Consolidation Assistance Fund. The extra funding would cover up to 50 percent of the superintendent’s salary for three consecutive years up to $200,000 total.
Cash in the School Consolidation Assistance Fund comes from the state lottery.
The bill’s author said it is an incentive for school districts to reduce administrative costs and devote more money to the classroom.
Oklahoma currently has 526 school districts.
House Bill 2115 passed the Oklahoma House of Representatives on a 90-7 vote. It now goes to the state Senate.
Music Therapy Gets House Approval
Legislation that would allow licensure of music therapists and potentially increase a form of treatment for children with special needs, including those with autism, gained House approval this week.
House Bill 1462 creates the Music Therapy Practice Act. Under the legislation, the Disability Determination Services Division (DDSD) of the Department of Human Services (DHS) would have oversight of the profession, including licensure power.
To be eligible to work as a licensed music therapist, an applicant would have to be a graduate of an approved bachelor’s degree program and successfully complete a board certification exam.
The bill declares that licensure is necessary “to safeguard the public health, safety and welfare, to protect the public from being misled by incompetent and unauthorized persons, to assure the highest degree of professional conduct on the part of music therapists and to assure the availability of music therapy services of high quality to persons in need of such services…”
House Bill 1462 passed the Oklahoma House of Representatives on an 83-12 vote. It now goes to the state Senate.
House Votes to Reduce Vending Machine Fee
The Oklahoma House of Representatives has voted overwhelmingly to roll back last year’s fee increase on vending machines, potentially helping many small businesses survive.
Last year, lawmakers voted to triple the fee paid by vending machine operators, increasing it from $50 per machine to $150 apiece. The increase was, in part, a response to last year’s budget shortfall.
House Bill 1634 would reduce the fee from $150 to $75.
According to Tax Commission records, there are 54,323 vending machines across the state.
Members of the vending machine association and soft drink bottlers have predicted the fee increase will result in a 30-percent reduction in machines on the Oklahoma market.
If that prediction is correct, the $150 fee could actually result in a loss of $6.5 million to the state once associated job reductions are included. That is a dramatic contrast with the $8.5 million increase originally estimated.
House Bill 1634 passed the Oklahoma House of Representatives on a 96-0 vote. It now goes to the state Senate.
House Votes to Increase Regulation of Abortionists
House lawmakers voted this week to increase regulatory oversight of abortion providers and increase safeguards for women.
House Bill 1642 would require any abortion provider to have “clinical privileges at a hospital which offers obstetrical or gynecological care” that is located within 30 miles of the site where abortion is performed or induced.
House Bill 1642 passed on a bipartisan vote of 89-7 in the Oklahoma House of Representatives. It now goes to the state Senate.
Bill to Improve Response to Family Challenges Advances
House Lawmaker’s have voted to streamline state services directed at preserving Oklahoma’s families
House Bill 1220 creates the “Prevention Services Efficiency and Consolidation Act of 2011.”
The bill declares “the prevention of family fragmentation” to be a priority of state government due to “attendant human and financial cost to the citizens of Oklahoma.”
Under the legislation, the Department of Mental Health and Substance Abuse Services would be the coordinating agency in charge of streamlining services and carrying out the act pursuant to the requirements of the Strategic Prevention Framework State Incentive Grant.
The measure proposes utilizing an existing state board to analyze various state services that are designed to “identify, mitigate and prevent the negative social consequences of addiction, abuse, mental illness, psychological trauma, family fragmentation and dysfunction.”
The Department of Mental Health and Substance Abuse Services would be required to develop an annual plan to combine services and improve delivery in a way that achieves a minimum savings of 20 percent overall on statewide expenditures for those services.
The legislation was the result of over two years of study that suggested that significant savings could be achieved.
One study, “The Taxpayer Costs of Divorce and Unwed Childbearing,” was an early catalyst that precipitated the efforts that led to House Bill 1220. That study conservatively estimated that the impact of divorce on the cost of state government (largely through public assistance programs) was as much as $430 million per year in Oklahoma.
Research also shows children from broken homes are 12 times more likely to be incarcerated, seven times more likely to live in poverty and three times more likely to be expelled and receive lower grades. They also are more susceptible to substance abuse and mental health disorders.
House Bill 1220 passed the Oklahoma House of Representatives on a bipartisan 93-2 vote. It now goes to the state Senate.
Property Tax Reforms Sent to Senate
Legislation reforming Oklahoma’s property tax laws passed out of the Oklahoma House of Representatives this week.
House Joint Resolution 1001 would impose a permanent freeze on property tax levels for seniors over 65 for as long as they own their homes.
One recent study by the Tax Foundation showed that Oklahoma has the eighth-fastest growing property tax levy in the nation.
House Joint Resolution 1001 passed on a bipartisan 83-13 vote. It now goes to the state Senate.
House Joint Resolution 1002 would allow Oklahoma citizens to vote to impose a 3-percent annual cap that would limit future property tax increases.
Under current law, property tax valuations can increase 5 percent each year.
House Joint Resolution 1002 passed the Oklahoma House of Representatives on an 81-16 vote. It now goes to the state Senate for consideration.
Oklahoma is not the only state considering such reforms this year.
New Jersey recently imposed a 2-percent property tax cap and 72 percent of Indiana voters recently voted to enact a 1-percent cap.
Corrections Reform Clears House
Legislation that would revise Oklahoma’s correction law to increase the use of alternative sentencing programs gained easy approval in the Oklahoma House of Representatives this week.
House Bill 2131 proposes a number of reforms including changing the default sentencing structure from consecutive to concurrent terms, enhancing eligibility for community sentencing and Global Position System Monitoring programs, and limiting the governor’s role in the parole process for non-violent offenders.
The legislation is intended to reduce taxpayer expenditures on corrections while also reducing recidivism among offenders, ultimately improving public safety.
House Bill 2131 passed the Oklahoma House of Representatives on an 87-4 vote. It now proceeds to the state Senate.
Lawmakers Vote to Prevent Corrections Furloughs
House lawmakers voted this week to allow the Department of Corrections to access millions of dollars sitting idle in a special fund to pay officers and avoid significant furlough days.
Senate Bill 970 will allow the Department of Corrections to use up to $4 million from the Correctional Industries’ fund to reduce planned furlough days of corrections officers. The DOC is currently authorized to access only $1.25 million.
The bill’s passage will enable the Department of Corrections to reduce planned furloughs from four days a month to just one day a month.
The legislation also helps address critical needs in the Department of Corrections (DOC) without adding to the $500 million gap facing the state.
Senate Bill 970 passed the Oklahoma House of Representatives on a 92-7 vote. It now goes to Gov. Mary Fallin, who is expected to sign it into law.
Lawsuit Reform Advances
Legislation enacting lawsuit reform to reduce frivolous lawsuit seeking “jackpot justice” gained House approval this week.
House Bill 2128 would limit noneconomic damages (so called “pain and suffering” awards) for bodily injury to $350,000.
The bill includes an exception so there is no limit on the amount of noneconomic damages in a civil action for bodily injury resulting from negligence if the defendant acted recklessly, fraudulently, or intentionally, or was grossly negligent.
Because “pain and suffering” damages involve no direct economic loss and have no precise value, it is very difficult for juries to assign a dollar value to these losses. As a result, awards tend to be erratic and, because of the highly charged environment of personal injury trials, can become wildly excessive. The reforms of House Bill 2128 would provide greater clarity and predictability for the legal system.
The bill would continue to allow full recover for actual damages, such as medical expenses, lost wages, etc.
House Bill 2128 passed the Oklahoma House of Representatives on a 57-40 vote. The bill now goes to the state Senate.
House Approves “Closing Fund”
The Oklahoma House approved legislation to create the Oklahoma Quick Action Closing Fund.
House Bill 1953 would allow the governor to dip into the fund to provide financial incentives to companies considering relocating or expanding in Oklahoma.
The incentives would have to be performance based and companies receiving state funds would enter into an agreement with the Department of Commerce. The bill contains guidelines should a company fail to meet the required performance provisions.
House Bill 1953 passed 79-17 and now goes to the state Senate.
House Votes to Reform Union Law
House lawmakers approved legislation that repeals a state law requiring collective bargaining for nonuniformed workers in nine cities.
House Bill 1593 would repeal a 2004 law that required unionization for nonuniformed employees in cities with at least 35,000 residents.
The bill would not affect the four cities that had collective bargaining agreements with nonuniformed workers prior to 2004 – Oklahoma City, Tulsa, Norman and Muskogee.
The legislation would only affect nine cities.
House Bill 1593 passed 59-38 and now goes to the state Senate.
IT Modernization Advances; Measure Could Save Millions
The Oklahoma House of Representatives has approved legislation proposed to save millions of taxpayers dollars thought the implementation of information technology (IT) process reforms.
The reforms are part of Governor Mary Fallin’s plan to generate $190 million in savings this year – $140 million from the incorporation of the IT reforms, along with $50 million in savings from a temporary freeze on IT purchases.
House Bill 1304 seeks to implement a report from the Capgemini consulting firm, which found that the state utilizes 76 separate redundant financial tracking systems despite the fact that the state has one enterprise-wide financial software that all agencies should be using. There are 22 unique time and attendance systems, 17 imaging systems, 48 reporting and analytics applications, 30,000 desktop computers of which 2,000 are not in use, 25 different desktop operating systems, 133 email systems, and 27 SQL Server and Oracle systems with 92 percent of the SQL Server programs not being supported.
The study also referenced a report by the Gartner Group, which indicates Oklahoma is spending $35.6 million more than the average IT spend of other state governments.
House Bill 1304 passed the Oklahoma House of Representatives on a 52-45 vote and now to the state Senate for consideration.
Bill to combine school superintendents advances
Legislation providing financial incentives to school districts that hire the same superintendent as part of an effort to consolidate administrative functions gained House approval this week.
House Bill 2115 would allow school districts that share administrators to receive funding from the School Consolidation Assistance Fund. The extra funding would cover up to 50 percent of the superintendent’s salary for three consecutive years up to $200,000 total.
Cash in the School Consolidation Assistance Fund comes from the state lottery.
The bill’s author said it is an incentive for school districts to reduce administrative costs and devote more money to the classroom.
Oklahoma currently has 526 school districts.
House Bill 2115 passed the Oklahoma House of Representatives on a 90-7 vote. It now goes to the state Senate.
Music Therapy Gets House Approval
Legislation that would allow licensure of music therapists and potentially increase a form of treatment for children with special needs, including those with autism, gained House approval this week.
House Bill 1462 creates the Music Therapy Practice Act. Under the legislation, the Disability Determination Services Division (DDSD) of the Department of Human Services (DHS) would have oversight of the profession, including licensure power.
To be eligible to work as a licensed music therapist, an applicant would have to be a graduate of an approved bachelor’s degree program and successfully complete a board certification exam.
The bill declares that licensure is necessary “to safeguard the public health, safety and welfare, to protect the public from being misled by incompetent and unauthorized persons, to assure the highest degree of professional conduct on the part of music therapists and to assure the availability of music therapy services of high quality to persons in need of such services…”
House Bill 1462 passed the Oklahoma House of Representatives on an 83-12 vote. It now goes to the state Senate.
House Votes to Reduce Vending Machine Fee
The Oklahoma House of Representatives has voted overwhelmingly to roll back last year’s fee increase on vending machines, potentially helping many small businesses survive.
Last year, lawmakers voted to triple the fee paid by vending machine operators, increasing it from $50 per machine to $150 apiece. The increase was, in part, a response to last year’s budget shortfall.
House Bill 1634 would reduce the fee from $150 to $75.
According to Tax Commission records, there are 54,323 vending machines across the state.
Members of the vending machine association and soft drink bottlers have predicted the fee increase will result in a 30-percent reduction in machines on the Oklahoma market.
If that prediction is correct, the $150 fee could actually result in a loss of $6.5 million to the state once associated job reductions are included. That is a dramatic contrast with the $8.5 million increase originally estimated.
House Bill 1634 passed the Oklahoma House of Representatives on a 96-0 vote. It now goes to the state Senate.
House Votes to Increase Regulation of Abortionists
House lawmakers voted this week to increase regulatory oversight of abortion providers and increase safeguards for women.
House Bill 1642 would require any abortion provider to have “clinical privileges at a hospital which offers obstetrical or gynecological care” that is located within 30 miles of the site where abortion is performed or induced.
House Bill 1642 passed on a bipartisan vote of 89-7 in the Oklahoma House of Representatives. It now goes to the state Senate.
Bill to Improve Response to Family Challenges Advances
House Lawmaker’s have voted to streamline state services directed at preserving Oklahoma’s families
House Bill 1220 creates the “Prevention Services Efficiency and Consolidation Act of 2011.”
The bill declares “the prevention of family fragmentation” to be a priority of state government due to “attendant human and financial cost to the citizens of Oklahoma.”
Under the legislation, the Department of Mental Health and Substance Abuse Services would be the coordinating agency in charge of streamlining services and carrying out the act pursuant to the requirements of the Strategic Prevention Framework State Incentive Grant.
The measure proposes utilizing an existing state board to analyze various state services that are designed to “identify, mitigate and prevent the negative social consequences of addiction, abuse, mental illness, psychological trauma, family fragmentation and dysfunction.”
The Department of Mental Health and Substance Abuse Services would be required to develop an annual plan to combine services and improve delivery in a way that achieves a minimum savings of 20 percent overall on statewide expenditures for those services.
The legislation was the result of over two years of study that suggested that significant savings could be achieved.
One study, “The Taxpayer Costs of Divorce and Unwed Childbearing,” was an early catalyst that precipitated the efforts that led to House Bill 1220. That study conservatively estimated that the impact of divorce on the cost of state government (largely through public assistance programs) was as much as $430 million per year in Oklahoma.
Research also shows children from broken homes are 12 times more likely to be incarcerated, seven times more likely to live in poverty and three times more likely to be expelled and receive lower grades. They also are more susceptible to substance abuse and mental health disorders.
House Bill 1220 passed the Oklahoma House of Representatives on a bipartisan 93-2 vote. It now goes to the state Senate.
Wednesday, March 16, 2011
Lawsuit Reform (Tort Reform) Bill Passes House
FOR IMMEDIATE RELEASE:
Contact: Lisa Liebl
Capitol: (405) 962-7674
OKLAHOMA CITY – House Speaker Kris Steele, R-Shawnee, and
Rep. Dan Sullivan, R-Tulsa, comment on HB 2128, approved today by the House of Representatives. The lawsuit reform would include a cap of $350,000 for noneconomic damages in all civil actions and repeals the inactive indemnity fund.
House Speaker Kris Steele:
“Lawsuit reform is not only relevant for job creation, it is also necessary to protect access to quality healthcare. Defensive medicine contributes to skyrocketing healthcare costs. The high price of medical care coupled with a shortage of healthcare professionals leads to limited access and poor health indicators.
“This legislation could reduce the burden on businesses while encouraging job growth across the state. A state’s legal climate impacts business decisions. House Bill 2128 opens the window of opportunity to focus on reaching our state’s economic potential.”
Rep. Dan Sullivan:
“For far too long, Oklahoma has faced the negative outcome of frivolous and unnecessary lawsuits. In order for Oklahoma to compete for jobs and see improvement in our economy we must pass meaningful lawsuit reform legislation immediately. We can't afford companies fleeing Oklahoma and taking jobs as they exit. With the passage of HB2128, we improve far more than just our business environment. We improve health care by keeping doctors here and bringing more health care professionals to Oklahoma. The passage of this legislation also helps us take another step forward in our goal to improve education and our overall quality of life as result of less lawsuits that hurt our state.”
NEXT STEP:
House Bill 2128 will now proceed to the Senate for consideration.
Contact: Lisa Liebl
Capitol: (405) 962-7674
OKLAHOMA CITY – House Speaker Kris Steele, R-Shawnee, and
Rep. Dan Sullivan, R-Tulsa, comment on HB 2128, approved today by the House of Representatives. The lawsuit reform would include a cap of $350,000 for noneconomic damages in all civil actions and repeals the inactive indemnity fund.
House Speaker Kris Steele:
“Lawsuit reform is not only relevant for job creation, it is also necessary to protect access to quality healthcare. Defensive medicine contributes to skyrocketing healthcare costs. The high price of medical care coupled with a shortage of healthcare professionals leads to limited access and poor health indicators.
“This legislation could reduce the burden on businesses while encouraging job growth across the state. A state’s legal climate impacts business decisions. House Bill 2128 opens the window of opportunity to focus on reaching our state’s economic potential.”
Rep. Dan Sullivan:
“For far too long, Oklahoma has faced the negative outcome of frivolous and unnecessary lawsuits. In order for Oklahoma to compete for jobs and see improvement in our economy we must pass meaningful lawsuit reform legislation immediately. We can't afford companies fleeing Oklahoma and taking jobs as they exit. With the passage of HB2128, we improve far more than just our business environment. We improve health care by keeping doctors here and bringing more health care professionals to Oklahoma. The passage of this legislation also helps us take another step forward in our goal to improve education and our overall quality of life as result of less lawsuits that hurt our state.”
NEXT STEP:
House Bill 2128 will now proceed to the Senate for consideration.
Tuesday, March 15, 2011
House Votes to Increase Regulations on Abortion Providers.
FOR IMMEDIATE RELEASE:
Contact: State Rep. Mike Ritze
Capitol: (405) 557-7338
House Votes to Increase Regulation of Abortionists
OKLAHOMA CITY – House lawmakers voted today to increase regulatory oversight of abortion providers and increase safeguards for women.
“I am strongly pro-life, but also believe we should not ignore the potential medical risks faced by women who undergo abortions,” said state Rep. Mike Ritze, a Board Certified Family Practice Physician and Surgeon who has delivered over 2,000 babies. “This legislation would increase regulatory protection provided women and ensure disreputable abortionists are not able to escape oversight.”
House Bill 1642, by Ritze, would require any abortion provider to have “clinical privileges at a hospital which offers obstetrical or gynecological care” that is located within 30 miles of the site where abortion is performed or induced.
“The people once derided as ‘back-alley butchers’ were allowed to simply hang a shingle on their front door and continue doing business as usual after Roe v. Wade,” said Ritze, R-Broken Arrow. “That is why the law must provide greater regulation of abortion clinics.”
House Bill 1642 passed on a bipartisan vote of 89-7 in the Oklahoma House of Representatives today. It now goes to the state Senate.
Contact: State Rep. Mike Ritze
Capitol: (405) 557-7338
House Votes to Increase Regulation of Abortionists
OKLAHOMA CITY – House lawmakers voted today to increase regulatory oversight of abortion providers and increase safeguards for women.
“I am strongly pro-life, but also believe we should not ignore the potential medical risks faced by women who undergo abortions,” said state Rep. Mike Ritze, a Board Certified Family Practice Physician and Surgeon who has delivered over 2,000 babies. “This legislation would increase regulatory protection provided women and ensure disreputable abortionists are not able to escape oversight.”
House Bill 1642, by Ritze, would require any abortion provider to have “clinical privileges at a hospital which offers obstetrical or gynecological care” that is located within 30 miles of the site where abortion is performed or induced.
“The people once derided as ‘back-alley butchers’ were allowed to simply hang a shingle on their front door and continue doing business as usual after Roe v. Wade,” said Ritze, R-Broken Arrow. “That is why the law must provide greater regulation of abortion clinics.”
House Bill 1642 passed on a bipartisan vote of 89-7 in the Oklahoma House of Representatives today. It now goes to the state Senate.
Monday, March 14, 2011
Weekly Post. March 14-18
Cockroft Column: Immigration Reform
By Rep. Josh Cockroft
An immigration bill heard and passed on the House floor generated much discussion among lawmakers. There were some conservative lawmakers who felt that it was watered down, while others criticized it as going to far. I think it will make important changes in the state, but was crafted with an eye towards ensuring it did not hurt honest businesses at a time when job creation is so important in the state.
As a co-author of House Bill 1446, I would emphasize that lawmakers will continue to rewrite the bill based on the input of law enforcement and constituents. In its current form, the bill would:
* make it a felony to engage in human trafficking;
* bar illegal immigrants from receiving tuition for post-secondary education;
* allow state agencies to report illegal immigrants who apply for state or federal aid;
* require employers to verify the immigration status of potential employees;
* outlaw the practice of illegal immigrants seeking work as an independent contractor; and
* make it a crime to pick up illegal immigrants for the purpose of employing them.
The legislation also includes language borrowed from the Arizona immigration law to prevent racial profiling in an effort to ensure fairness to all Oklahoman citizens.
One of the gun bills I mentioned last week was passed on the House floor. House Bill 1652 would allow Oklahomans with a concealed carry license to store a weapon in their vehicle on technology center property. If this legislation is not passed by the Senate and signed by the governor, gun owners will continue to face felony charges if they store a firearm in their vehicle on technology center grounds. I would be quite disappointed in our Legislature if that practice is not ended this year.
If you have questions or need information, please contact my office at josh.cockroft@okhouse.gov or (405) 557-7349. Rep. Cockroft is on Facebook and on Twitter, votecockroft27. Video footage of the House Chamber is also available at http://okhouse.mediasite.com/mediasite/Catalog/catalogs/default.aspx.
By Rep. Josh Cockroft
An immigration bill heard and passed on the House floor generated much discussion among lawmakers. There were some conservative lawmakers who felt that it was watered down, while others criticized it as going to far. I think it will make important changes in the state, but was crafted with an eye towards ensuring it did not hurt honest businesses at a time when job creation is so important in the state.
As a co-author of House Bill 1446, I would emphasize that lawmakers will continue to rewrite the bill based on the input of law enforcement and constituents. In its current form, the bill would:
* make it a felony to engage in human trafficking;
* bar illegal immigrants from receiving tuition for post-secondary education;
* allow state agencies to report illegal immigrants who apply for state or federal aid;
* require employers to verify the immigration status of potential employees;
* outlaw the practice of illegal immigrants seeking work as an independent contractor; and
* make it a crime to pick up illegal immigrants for the purpose of employing them.
The legislation also includes language borrowed from the Arizona immigration law to prevent racial profiling in an effort to ensure fairness to all Oklahoman citizens.
One of the gun bills I mentioned last week was passed on the House floor. House Bill 1652 would allow Oklahomans with a concealed carry license to store a weapon in their vehicle on technology center property. If this legislation is not passed by the Senate and signed by the governor, gun owners will continue to face felony charges if they store a firearm in their vehicle on technology center grounds. I would be quite disappointed in our Legislature if that practice is not ended this year.
If you have questions or need information, please contact my office at josh.cockroft@okhouse.gov
Thursday, March 10, 2011
Happenings at the Capitol this week: March 7-11
Weekly Wrap
House Votes to Reduce Taxpayer Cost of Highway Memorial Signs
Lawmakers voted this week to require groups requesting or sponsoring a highway or bridge sign to pay for them.
House Bill 1666 is designed to reduce the added expense to the state during the budget downturn. It passed 88-9.
The measure was amended to exempt situations honoring military heroes killed in action.
According to the Oklahoma Department of Transportation, the state currently spends about $1,600 apiece for large signs on interstates and $400 per sign for those on other highways.
House Votes to Require Background Checks for Foster Parents
Legislators have voted to increase the safeguards for children who have been taken from their home but could be reunited with a parent.
House Bill 2136 requires the Oklahoma Department of Human Services (OKDHS) to conduct criminal background checks on all adults living in a home before a foster child is reunited with a parent.
The legislation was filed after the tragic death of a child at the hands of the mother’s boyfriend, who had a criminal history and record of abuse.
House Bill 2136 passed the Oklahoma House of Representatives 97-0. It now proceeds to the Senate for consideration.
House Votes to Streamline Process to Fire Poor-Performing Teachers
State lawmakers voted this week to streamline the process for firing poor-performing or ineffective teachers, potentially saving tens of thousands of dollars for state schools.
House Bill 1380 would increase the power of local school boards. Under the legislation, if an administrator recommends dismissing a teacher, that educator would have the right to a hearing before the local board of education, which would make the final decision on the issue.
Currently, if a board decides to terminate a contract, teachers can appeal the firing in district court, an expensive and time-consuming process that would be eliminated by House Bill 1380.
The current process to fire even the worst teacher can take more than one year and cost school districts between $80,000 and $100,000 per case.
The Oklahoman recently reported that it cost Purcell Public Schools around $80,000 to fire a teacher later charged with lewd acts with a child.
Teachers would still have several protections not afforded to most private-sector employees. First, teachers would have to be put on a plan of improvement and fail to boost performance before contracts could be terminated. In addition, to be fired teachers would have to demonstrate a clear and continued pattern of misconduct or incompetence.
House Bill 1380 passed the Oklahoma House of Representatives on a 69-31 vote today. It now proceeds to the state Senate.
Board of Education Reform Advances
Legislation to reform the structure and responsibilities of the State Board of Education passed out of the Oklahoma House of Representatives this week.
House Bill 2139 modifies the administration of the State Department of Education. It transfers the administrative control and direction of the Department from the State Board of Education to the State Superintendent of Public Instruction.
House Bill 2139 also
• allows the State Superintendent to establish divisions and positions within the Department.
• removes the State Board as the governing board of the Department.
• requires the State Superintendent to prepare a departmental budget and submit division reports.
• clarifies and updates language relating to the administrative duties of the State Superintendent.
• establishes powers and duties of the Superintendent related to the Department.
The State Board of Education will remain in charge of supervising public instruction; overseeing curriculum and implementing education policies advanced by the Legislature.
The measure now moves to the state Senate.
Anti-Bullying Legislation Gets House Approval
Legislation giving Oklahoma school students increased protections against bullying passed the Oklahoma House of Representatives this week.
House Bill 1461 strengthens the School Bullying Prevention Act by adding violent assault and battery, homicide and suicide to the list of behaviors that can be linked to bullying. It also addresses cyber bullying, which has increased with the growth of social media.
The bill was inspired by the May suicide of 11-year-old Ty Fields of Perkins, who killed himself after being bullied.
House Bill 1461 passed the House 74-23 and now goes to the state Senate.
Bill Would Preserve Teachers Retirement Funds for Teachers
Legislation to ensure money in the Oklahoma Teachers Retirement System is preserved for educators gained passage this week.
House Bill 1648 eliminates a provision in state law that allows individuals who leave the teaching profession for a private sector job (specifically, those who work for a local, state or national education association) to continue to accrue increased benefits in the teachers’ retirement system.
Advocates noted that allowing union officials to accrue benefits in the teachers’ retirement system ultimately diverts funds that should be going to practicing teachers.
House Bill 1648 passed the House on a 67-28 vote and now goes to the state Senate.
House Votes to End “Art” in Public Places Act
The Oklahoma House of Representatives voted this week to temporarily end a state law that requires millions of tax dollars to go to “art” projects.
House Bill 1665, by Osborn, would eliminate the Arts in Public Places Act for the next three years. Under current law, anytime the state has a building project or renovation costing $250,000 or more, 1.5 percent of the cost must be dedicated to “public art.” The cost of that “art” can be as much as $500,000 per project.
Those expenditures are occurring even as the state faces a $500 million shortfall just one year after grappling with a $1.2 billion shortfall.
Supporters said it is difficult to justify spending millions on public art at the same time schools are facing funding cuts and the Department of Corrections is furloughing workers.
The art law recently drew attention after the state paid a reported $450,000 to mount large rusted disc blades in front of the new Office of State Finance at 30th and Lincoln.
House Bill 1665 passed out of the Oklahoma House of Representatives on a bipartisan 69-20 vote. It now goes to the state Senate.
Lawmakers Approve Change to Agency Rule Process
Certain agency rules could not take effect without the express approval of the Legislature under legislation approved by the Oklahoma House of Representatives.
House Bill 1044 strikes language under current law that gives the Legislature the opportunity only to disapprove rules, and replaces it with language that would make major rules void without legislative approval.
Under the current system, state agencies often enact fees and make large-scale changes without legislative approval. State agency rules are automatically assumed valid and have the effect of law if the Legislature fails to disapprove them within a certain time period.
House Bill 1044 passed by a vote of 94 to 0. It will now proceed to the Senate for consideration.
House Approves Cody’s Law to Strengthen Penalties for Social Hosting
Legislation approved by the Oklahoma House of Representatives would strengthen the penalties for social hosts who knowingly and willingly permit individuals younger than 21 years of age to consume alcohol during social events taking place on their premises.
House Bill 1211, also known as “Cody’s Law,” was sought by Sareva Greenhaw, a Tulsa resident. Her son, Cody, died at the age of 16 from an alcohol and drug overdose in an alleged social host situation. At that time, there was no law in Oklahoma against social hosting.
The legislation would make a first violation of Oklahoma’s social host laws result in a misdemeanor and a fine of up to $500. A second violation would result in a fine of up to $1,000. Further violations could result in a fine of up to $2,500 or incarceration for up to five years. Finally, if bodily injury or death occurred, the social host could face a fine of between $2,500 and $5,000 and five years incarceration.
House Bill 1211 was approved by a vote of 98-0 and proceeds to the Senate for consideration.
Lawmakers Approve Long-Term Care Act
Lawmakers voted this week to increase access to long-term care counseling services to help Oklahoma’s elderly.
House Bill 1554 creates the Options Counseling for Long-term Care Program within the Department of Human Services Aging Services Division.
The bill states that “access to information regarding all components of a long-term care support system is necessary to empower the elderly and persons with disabilities in planning, evaluating, and making decisions to meet their individual long-term care support needs appropriately.”
Under the bill, the Options Counseling for Long-term Care Program would be designed “to allow for an integrated system that facilitates navigation of the variety of private and public resources available; minimizes service fragmentation; reduces duplication of administrative paperwork procedures; enhances individual choice; supports informed decision-making; and increases the cost-effectiveness of long-term care services and support systems.”
Because options counseling helps individuals avoid unnecessary institutionalization, the bill’s author said the legislation could result in fewer people entering nursing facilities while other residents may get assistance in transitioning out-of-nursing facilities.
Implementation of the program would be funded through federal grant money that does not require a state match.
The bill prohibits the program from being used to implement any provisions of the new federal health care reform law, informally referred to as “ObamaCare.”
House Bill 1554 passed the Oklahoma House of Representatives on a 94-4 vote. It now proceeds to the state Senate.
Lawmakers Approve ‘Gray Water’ Legislation
Legislation approved by the Oklahoma House of Representatives would encourage the use of private residential “gray water” reuse by creating a permit exemption for gray water systems that use less than 250 gallons of gray water per day.
House Bill 1575 defines gray water as untreated household wastewater that has not come in contact with toilet waste or water from a kitchen sink. The legislation directs the Department of Environmental Quality to exempt private residential gray water reuse systems that meet a series of rules including that they make use of less than 250 gallons of gray water per day. A gray water system would be used for gardening, composting or landscape irrigation.
Gray water systems that would be exempt would have to:
• provide for overflow into the sewer or on-site wastewater treatment and disposal system;
• include cover for any gray water storage tank to avoid the creation of a habitat for mosquitoes and other insects;
• be located outside of a floodway and five feet above the groundwater table;
• clearly identify gray water pressure piping as a non-potable water conduit;
• be used on site and not run off the property;
• minimize the potential for contact with people or domestic pets;
• minimize standing water and ensure the hydraulic capacity of the soil is not exceeded;
• avoid spraying or discharge into a waterway;
• be in compliance with municipal or county ordinances;
House Bill 1575 passed unanimously and now proceeds to the Senate for consideration.
Bond Measures for Building Repair Defeated
Legislation that would have allowed the state to issue up to $3 million in annual bonds to pay for the maintenance of state-owned buildings was defeated 68-26 this week.
House Bill 1513 would have allowed the state to seek $3 million in bonds annually for 15 years. The legislation was designed to pay for repairs, particularly during the eight months of the year the Legislature is not in session.
To repair and address all needs at state-owned and leased buildings would cost as much as $200 million, according to estimates.
House Votes to Reduce Taxpayer Cost of Highway Memorial Signs
Lawmakers voted this week to require groups requesting or sponsoring a highway or bridge sign to pay for them.
House Bill 1666 is designed to reduce the added expense to the state during the budget downturn. It passed 88-9.
The measure was amended to exempt situations honoring military heroes killed in action.
According to the Oklahoma Department of Transportation, the state currently spends about $1,600 apiece for large signs on interstates and $400 per sign for those on other highways.
House Votes to Require Background Checks for Foster Parents
Legislators have voted to increase the safeguards for children who have been taken from their home but could be reunited with a parent.
House Bill 2136 requires the Oklahoma Department of Human Services (OKDHS) to conduct criminal background checks on all adults living in a home before a foster child is reunited with a parent.
The legislation was filed after the tragic death of a child at the hands of the mother’s boyfriend, who had a criminal history and record of abuse.
House Bill 2136 passed the Oklahoma House of Representatives 97-0. It now proceeds to the Senate for consideration.
House Votes to Streamline Process to Fire Poor-Performing Teachers
State lawmakers voted this week to streamline the process for firing poor-performing or ineffective teachers, potentially saving tens of thousands of dollars for state schools.
House Bill 1380 would increase the power of local school boards. Under the legislation, if an administrator recommends dismissing a teacher, that educator would have the right to a hearing before the local board of education, which would make the final decision on the issue.
Currently, if a board decides to terminate a contract, teachers can appeal the firing in district court, an expensive and time-consuming process that would be eliminated by House Bill 1380.
The current process to fire even the worst teacher can take more than one year and cost school districts between $80,000 and $100,000 per case.
The Oklahoman recently reported that it cost Purcell Public Schools around $80,000 to fire a teacher later charged with lewd acts with a child.
Teachers would still have several protections not afforded to most private-sector employees. First, teachers would have to be put on a plan of improvement and fail to boost performance before contracts could be terminated. In addition, to be fired teachers would have to demonstrate a clear and continued pattern of misconduct or incompetence.
House Bill 1380 passed the Oklahoma House of Representatives on a 69-31 vote today. It now proceeds to the state Senate.
Board of Education Reform Advances
Legislation to reform the structure and responsibilities of the State Board of Education passed out of the Oklahoma House of Representatives this week.
House Bill 2139 modifies the administration of the State Department of Education. It transfers the administrative control and direction of the Department from the State Board of Education to the State Superintendent of Public Instruction.
House Bill 2139 also
• allows the State Superintendent to establish divisions and positions within the Department.
• removes the State Board as the governing board of the Department.
• requires the State Superintendent to prepare a departmental budget and submit division reports.
• clarifies and updates language relating to the administrative duties of the State Superintendent.
• establishes powers and duties of the Superintendent related to the Department.
The State Board of Education will remain in charge of supervising public instruction; overseeing curriculum and implementing education policies advanced by the Legislature.
The measure now moves to the state Senate.
Anti-Bullying Legislation Gets House Approval
Legislation giving Oklahoma school students increased protections against bullying passed the Oklahoma House of Representatives this week.
House Bill 1461 strengthens the School Bullying Prevention Act by adding violent assault and battery, homicide and suicide to the list of behaviors that can be linked to bullying. It also addresses cyber bullying, which has increased with the growth of social media.
The bill was inspired by the May suicide of 11-year-old Ty Fields of Perkins, who killed himself after being bullied.
House Bill 1461 passed the House 74-23 and now goes to the state Senate.
Bill Would Preserve Teachers Retirement Funds for Teachers
Legislation to ensure money in the Oklahoma Teachers Retirement System is preserved for educators gained passage this week.
House Bill 1648 eliminates a provision in state law that allows individuals who leave the teaching profession for a private sector job (specifically, those who work for a local, state or national education association) to continue to accrue increased benefits in the teachers’ retirement system.
Advocates noted that allowing union officials to accrue benefits in the teachers’ retirement system ultimately diverts funds that should be going to practicing teachers.
House Bill 1648 passed the House on a 67-28 vote and now goes to the state Senate.
House Votes to End “Art” in Public Places Act
The Oklahoma House of Representatives voted this week to temporarily end a state law that requires millions of tax dollars to go to “art” projects.
House Bill 1665, by Osborn, would eliminate the Arts in Public Places Act for the next three years. Under current law, anytime the state has a building project or renovation costing $250,000 or more, 1.5 percent of the cost must be dedicated to “public art.” The cost of that “art” can be as much as $500,000 per project.
Those expenditures are occurring even as the state faces a $500 million shortfall just one year after grappling with a $1.2 billion shortfall.
Supporters said it is difficult to justify spending millions on public art at the same time schools are facing funding cuts and the Department of Corrections is furloughing workers.
The art law recently drew attention after the state paid a reported $450,000 to mount large rusted disc blades in front of the new Office of State Finance at 30th and Lincoln.
House Bill 1665 passed out of the Oklahoma House of Representatives on a bipartisan 69-20 vote. It now goes to the state Senate.
Lawmakers Approve Change to Agency Rule Process
Certain agency rules could not take effect without the express approval of the Legislature under legislation approved by the Oklahoma House of Representatives.
House Bill 1044 strikes language under current law that gives the Legislature the opportunity only to disapprove rules, and replaces it with language that would make major rules void without legislative approval.
Under the current system, state agencies often enact fees and make large-scale changes without legislative approval. State agency rules are automatically assumed valid and have the effect of law if the Legislature fails to disapprove them within a certain time period.
House Bill 1044 passed by a vote of 94 to 0. It will now proceed to the Senate for consideration.
House Approves Cody’s Law to Strengthen Penalties for Social Hosting
Legislation approved by the Oklahoma House of Representatives would strengthen the penalties for social hosts who knowingly and willingly permit individuals younger than 21 years of age to consume alcohol during social events taking place on their premises.
House Bill 1211, also known as “Cody’s Law,” was sought by Sareva Greenhaw, a Tulsa resident. Her son, Cody, died at the age of 16 from an alcohol and drug overdose in an alleged social host situation. At that time, there was no law in Oklahoma against social hosting.
The legislation would make a first violation of Oklahoma’s social host laws result in a misdemeanor and a fine of up to $500. A second violation would result in a fine of up to $1,000. Further violations could result in a fine of up to $2,500 or incarceration for up to five years. Finally, if bodily injury or death occurred, the social host could face a fine of between $2,500 and $5,000 and five years incarceration.
House Bill 1211 was approved by a vote of 98-0 and proceeds to the Senate for consideration.
Lawmakers Approve Long-Term Care Act
Lawmakers voted this week to increase access to long-term care counseling services to help Oklahoma’s elderly.
House Bill 1554 creates the Options Counseling for Long-term Care Program within the Department of Human Services Aging Services Division.
The bill states that “access to information regarding all components of a long-term care support system is necessary to empower the elderly and persons with disabilities in planning, evaluating, and making decisions to meet their individual long-term care support needs appropriately.”
Under the bill, the Options Counseling for Long-term Care Program would be designed “to allow for an integrated system that facilitates navigation of the variety of private and public resources available; minimizes service fragmentation; reduces duplication of administrative paperwork procedures; enhances individual choice; supports informed decision-making; and increases the cost-effectiveness of long-term care services and support systems.”
Because options counseling helps individuals avoid unnecessary institutionalization, the bill’s author said the legislation could result in fewer people entering nursing facilities while other residents may get assistance in transitioning out-of-nursing facilities.
Implementation of the program would be funded through federal grant money that does not require a state match.
The bill prohibits the program from being used to implement any provisions of the new federal health care reform law, informally referred to as “ObamaCare.”
House Bill 1554 passed the Oklahoma House of Representatives on a 94-4 vote. It now proceeds to the state Senate.
Lawmakers Approve ‘Gray Water’ Legislation
Legislation approved by the Oklahoma House of Representatives would encourage the use of private residential “gray water” reuse by creating a permit exemption for gray water systems that use less than 250 gallons of gray water per day.
House Bill 1575 defines gray water as untreated household wastewater that has not come in contact with toilet waste or water from a kitchen sink. The legislation directs the Department of Environmental Quality to exempt private residential gray water reuse systems that meet a series of rules including that they make use of less than 250 gallons of gray water per day. A gray water system would be used for gardening, composting or landscape irrigation.
Gray water systems that would be exempt would have to:
• provide for overflow into the sewer or on-site wastewater treatment and disposal system;
• include cover for any gray water storage tank to avoid the creation of a habitat for mosquitoes and other insects;
• be located outside of a floodway and five feet above the groundwater table;
• clearly identify gray water pressure piping as a non-potable water conduit;
• be used on site and not run off the property;
• minimize the potential for contact with people or domestic pets;
• minimize standing water and ensure the hydraulic capacity of the soil is not exceeded;
• avoid spraying or discharge into a waterway;
• be in compliance with municipal or county ordinances;
House Bill 1575 passed unanimously and now proceeds to the Senate for consideration.
Bond Measures for Building Repair Defeated
Legislation that would have allowed the state to issue up to $3 million in annual bonds to pay for the maintenance of state-owned buildings was defeated 68-26 this week.
House Bill 1513 would have allowed the state to seek $3 million in bonds annually for 15 years. The legislation was designed to pay for repairs, particularly during the eight months of the year the Legislature is not in session.
To repair and address all needs at state-owned and leased buildings would cost as much as $200 million, according to estimates.
Wednesday, March 9, 2011
Letter to my district: HB1381
Below is a letter I have written to my district concerning HB1381. I have received numerous emails, letters, and calls about this legislation. I wanted to share my heart on this issue and explain where I am coming from. I am grateful for the opportunity to have so many people who are tuned in to the issues in my district and I look forward to continuing dialog with everyone concerned.
My dear friends,
There has been much discussion lately and many questions have been asked of me about HB1381. I wanted to sit down and lay out my thoughts on this piece of legislation.
While I did vote for this bill in committee, it was for a very specific reason. I believed that this issue was important enough to discuss on the floor with all the members. Therefore I was glad to pass it out of committee. I did not however, agree with the solution to the issue at hand.
I am a man of principle and character, and nothing that has and is going on up here at the capitol will ever change that. I was elected by the people of my district because they saw that as well. I believe that my duties as Representative for my district are two-fold:
1. Uphold the Constitution of the United States and of Oklahoma
2. Represent and serve the voice of the people of my district.
The Constitution is my top priority to uphold. If there are ever decisions that would require me to violate the constitution or my moral beliefs, I am to be in opposition to that. In any other situation, I am to be the best voice that I can be for my district.
I believe this issue falls to my belief in what the constitution says and upon my belief on how this Nation and State were set up.
This bill has been labeled the Supplemental Hospital Offset Payment Program Act, but I believe a more appropriate name would be the “Hospital Provider Tax”. There have been many arguments for this bill stating that this is the only way to save our hospitals when it comes to our Medicaid dollars coming from the federal government. I have been assured numerous times that there would never be any cost transferred to the consumer. I have been assured that if I vote against this bill, that our hospitals will shut down because of the budget crises.
None of these arguments have fallen on deaf ears. This has been an issue that I have looked at extensively and have talked with many individuals and groups on. I understand the seriousness of this issue and the direct impact that it will have on my district. District 27 has a high percentage of Medicaid recipients and employees who will be directly impacted this bill. Here are some of my thoughts on this bill and where I am coming from…
I can’t believe that an entity as large as this won’t find a way to somehow pass the “fee’s” on to the consumer. It has happened in the past, and I believe it can and will happen again. I am trying to keep the healthcare profession accountable and protect individuals from overreaching costs.
Federal dollars are not “free.” Those dollars are coming out of the paychecks of Oklahoma
If an insurance provider tax is implemented, consumers would be hit up front in the form of higher insurance premiums and hit again with higher income taxes to pay for the federal “matching” funds for Medicaid.
Finally, any policy that seeks to expand Medicaid is foolish. Not only doesOklahoma
Medicaid reimbursement rates to health care providers tend to be much lower than rates under private insurance, leading many physicians to stop treating Medicaid patients altogether.
Because many Medicaid patients are unable to find a primary care physician to treat them, they utilize our state’s emergency rooms more than twice as often as the uninsured. Those that are able to find a primary care physician typically find their health benefits under Medicaid are sparse at best.
The reasons are obvious. There are only three ways for the state to limit spending on Medicaid. It can limit who is eligible to take part in the program, limit benefits for members, or minimize payments to health care providers. All are forms of rationing and all lead to decreased access to care and poor health outcomes for members.
IfOklahoma
If an insurance provider tax is implemented, consumers would be hit up front in the form of higher insurance premiums and hit again with higher income taxes to pay for the federal “matching” funds for Medicaid.
Finally, any policy that seeks to expand Medicaid is foolish. Not only does
Medicaid reimbursement rates to health care providers tend to be much lower than rates under private insurance, leading many physicians to stop treating Medicaid patients altogether.
Because many Medicaid patients are unable to find a primary care physician to treat them, they utilize our state’s emergency rooms more than twice as often as the uninsured. Those that are able to find a primary care physician typically find their health benefits under Medicaid are sparse at best.
The reasons are obvious. There are only three ways for the state to limit spending on Medicaid. It can limit who is eligible to take part in the program, limit benefits for members, or minimize payments to health care providers. All are forms of rationing and all lead to decreased access to care and poor health outcomes for members.
If
I believe any effort to remain deeply entrenched in Medicaid is a losing scenario. You don’t need to tax again the very consumers who have already provided you with the funds you say you need.
Once again, this is an incredibly difficult decision for me because I see the need and the impact. However as I stated earlier, I will not bend on my values and principles. I hope and pray you can at least respect that. I can say that I am extremely grateful for the responses and contacts that I have received about this issue. I truly value everyone’s input and encourage you to keep your voices strong about the issues you are passionate about.
Thank you and may God richly bless you!
Rep. Josh Cockroft
State Representative
District 27
Pro-life bill passes by a wide margin from the OK House
FOR IMMEDIATE RELEASE:
Contact: State Rep. Pam Peterson
Capitol: (405) 557-7341
House Approves Pain-Capable Unborn Child Bill
OKLAHOMA CITY – The Oklahoma House of Representatives approved legislation today to make it illegal to perform an abortion on an unborn child who is capable of feeling pain.
The legislation passed with broad bipartisan support.
“This legislation updates our law to reflect the latest scientific research,” said state Rep. Pam Peterson, R-Tulsa. “A wealth of physiological, behavioral and anatomical evidence shows that the developing unborn child is capable of experiencing tremendous pain by 20 weeks post-fertilization. Under this bill, our law will catch up with the scientific evidence.”
House Bill 1888, by Peterson, creates the “Pain-Capable Unborn Child Protection Act.” The proposed law would require abortion providers to determine fetal age prior to an abortion and make it illegal to perform an abortion on an unborn child who is 20-or-more weeks of age.
The bill exempts situations in which the life of the mother is at risk or when the mother faces “serious risk of substantial and irreversible physical impairment.”
A similar law has already been enacted in Nebraska.
The legislation is based on the latest medical research, which now shows that pain receptors are present throughout an unborn child’s entire body by no later than 16 weeks after fertilization, and nerves linking receptors to the brain’s thalamus and subcortical plate are present no later than 20 weeks.
In addition, it has been determined that by eight weeks of age an unborn child will react by recoiling from stimuli that would be recognized as painful if applied to an adult.
Research has also found that the application of painful stimuli is associated with significant increases in stress hormones in an unborn child. That is one reason that fetal anesthesia is routinely administered when surgery is done on unborn children.
“This is a common-sense protection for the unborn that has been embraced by both Democrats and Republicans,” Peterson said. “I am confident this sensible legislation will become law this year.”
House Bill 1888, which is one of two priority bills for pro-life groups this year, passed Oklahoma House of Representatives on 94-2 vote today. It now goes to the state Senate.
Contact: State Rep. Pam Peterson
Capitol: (405) 557-7341
House Approves Pain-Capable Unborn Child Bill
OKLAHOMA CITY – The Oklahoma House of Representatives approved legislation today to make it illegal to perform an abortion on an unborn child who is capable of feeling pain.
The legislation passed with broad bipartisan support.
“This legislation updates our law to reflect the latest scientific research,” said state Rep. Pam Peterson, R-Tulsa. “A wealth of physiological, behavioral and anatomical evidence shows that the developing unborn child is capable of experiencing tremendous pain by 20 weeks post-fertilization. Under this bill, our law will catch up with the scientific evidence.”
House Bill 1888, by Peterson, creates the “Pain-Capable Unborn Child Protection Act.” The proposed law would require abortion providers to determine fetal age prior to an abortion and make it illegal to perform an abortion on an unborn child who is 20-or-more weeks of age.
The bill exempts situations in which the life of the mother is at risk or when the mother faces “serious risk of substantial and irreversible physical impairment.”
A similar law has already been enacted in Nebraska.
The legislation is based on the latest medical research, which now shows that pain receptors are present throughout an unborn child’s entire body by no later than 16 weeks after fertilization, and nerves linking receptors to the brain’s thalamus and subcortical plate are present no later than 20 weeks.
In addition, it has been determined that by eight weeks of age an unborn child will react by recoiling from stimuli that would be recognized as painful if applied to an adult.
Research has also found that the application of painful stimuli is associated with significant increases in stress hormones in an unborn child. That is one reason that fetal anesthesia is routinely administered when surgery is done on unborn children.
“This is a common-sense protection for the unborn that has been embraced by both Democrats and Republicans,” Peterson said. “I am confident this sensible legislation will become law this year.”
House Bill 1888, which is one of two priority bills for pro-life groups this year, passed Oklahoma House of Representatives on 94-2 vote today. It now goes to the state Senate.
Monday, March 7, 2011
Weekly Column: March 7-11
Cockroft Column: Second Amendment Rights
By Rep. Josh Cockroft
When I ran for this office, I promised to stand for our Second Amendment rights. To me, the United States Constitution couldn’t be clearer on the intent of our nation’s Founding Fathers to protect us from a government that would infringe on our right to self defense.
The pro-gun movement has widespread support in Oklahoma, yet there are still those who do not adequately value those rights and who wrongly assume that legal gun ownership leads to violence. In fact, most criminals manage to gain access to a firearm no matter how tough gun regulations are where they live.
I was proud to support the committee passage of several pieces of gun legislation. I think that they will find the support they need to pass on the House floor and in the Senate and will fight to ensure they do so.
The most important piece of legislation we have before us is House Bill 1796, which would put open carry to a vote of the people. If passed, voters would have the opportunity to decide whether or not people with a valid handgun license would be able to carry their handguns in plain view. The process to obtain the license would be the same as for the current concealed carry permit.
I was disappointed that House Bill 1796 has not yet been heard on the House floor. This is a result of politicians not wanting to put a vote of this significance on their record. I say, put it on the floor and let’s vote on it. I’m not scared to cast my vote.
House Bill 1652 would allow Oklahomans with a concealed carry license to store a weapon in their vehicle on technology center property. I consider a vehicle to be private property, so this is a no-brainer.
House Bill 2087 would allow college faculty members to carry a firearm on campus. The current language in the bill requires permission from the university, meaning that the bill is watered down a bit. I’ll keep you informed as to any changes to the bill and whether or not it is heard on the House floor.
Finally, House Bill 1255 would give U.S. attorneys the right to carry protection with them anywhere in Oklahoma. This is again, a no-brainer to me, as these individuals are often targets.
I truly believe that gun rights deter violence and that self defense is a basic human right. I would strongly urge voters to support open carry, if we are able to get it on the ballot.
If you have questions or need information, please contact my office at josh.cockroft@okhouse.gov or (405) 557-7349. Rep. Cockroft is on Facebook and on Twitter, votecockroft27. Video footage of the House Chamber is also available at http://okhouse.mediasite.com/mediasite/Catalog/catalogs/default.aspx.
By Rep. Josh Cockroft
When I ran for this office, I promised to stand for our Second Amendment rights. To me, the United States Constitution couldn’t be clearer on the intent of our nation’s Founding Fathers to protect us from a government that would infringe on our right to self defense.
The pro-gun movement has widespread support in Oklahoma, yet there are still those who do not adequately value those rights and who wrongly assume that legal gun ownership leads to violence. In fact, most criminals manage to gain access to a firearm no matter how tough gun regulations are where they live.
I was proud to support the committee passage of several pieces of gun legislation. I think that they will find the support they need to pass on the House floor and in the Senate and will fight to ensure they do so.
The most important piece of legislation we have before us is House Bill 1796, which would put open carry to a vote of the people. If passed, voters would have the opportunity to decide whether or not people with a valid handgun license would be able to carry their handguns in plain view. The process to obtain the license would be the same as for the current concealed carry permit.
I was disappointed that House Bill 1796 has not yet been heard on the House floor. This is a result of politicians not wanting to put a vote of this significance on their record. I say, put it on the floor and let’s vote on it. I’m not scared to cast my vote.
House Bill 1652 would allow Oklahomans with a concealed carry license to store a weapon in their vehicle on technology center property. I consider a vehicle to be private property, so this is a no-brainer.
House Bill 2087 would allow college faculty members to carry a firearm on campus. The current language in the bill requires permission from the university, meaning that the bill is watered down a bit. I’ll keep you informed as to any changes to the bill and whether or not it is heard on the House floor.
Finally, House Bill 1255 would give U.S. attorneys the right to carry protection with them anywhere in Oklahoma. This is again, a no-brainer to me, as these individuals are often targets.
I truly believe that gun rights deter violence and that self defense is a basic human right. I would strongly urge voters to support open carry, if we are able to get it on the ballot.
If you have questions or need information, please contact my office at josh.cockroft@okhouse.gov or (405) 557-7349. Rep. Cockroft is on Facebook and on Twitter, votecockroft27. Video footage of the House Chamber is also available at http://okhouse.mediasite.com/mediasite/Catalog/catalogs/default.aspx.
Saturday, March 5, 2011
Press Release
Governor's Plan to Save 3.6 Million Approved
Governor Mary Fallin’s proposal to modernize the state’s vendor payment system and save 3.6 million dollars per year has been approved by the House of Representatives’ Government Modernization Committee.
House Bill 1086 proposes to utilize electronic payments methods such as direct deposit to pay the state’s thousands of vendor invoices. The bill is sponsored by State Representatives Jason Murphey, R-Guthrie and Josh Cockroft, R-McLoud, and State Senator Clark Jolley, R-Edmond.
Fallin called on legislators to approve the reform during her state of the state address. Fallin proposed the change after newly-elected Treasurer Ken Miller’s office explained that the state is currently spending $13.50 per vendor payment for each payment made using traditional paper conveyances such as payment warrants. This compares to electronic payments which cost the state approximately 5 cents per transfer.
Currently, approximately 230,000 checks are made with traditional paper payment conveyances. If House Bill 1086 is approved it will require nearly all vendor payments to be made by electronic payment with an estimated savings of 3.6 million dollars each year.
“This is an important reform,” Murphey explained. “This should have occurred several years ago and I appreciate the leadership of Governor Fallin and Treasurer Miller in introducing and supporting this innovative reform.”
In addition to the electronic payment proposal, House Bill 1086 represents an omnibus approach to using technology to enable taxpayer savings through efficiencies and spending transparencies. It includes Governor Fallin’s proposal for a shared state payroll system which is also estimated to save at least 2 million dollars each year, the placement of common eduction spending transactions on the data.ok.gov website and a one-stop shop for many state documents and annual reports to be located in a searchable format for easy purview by the taxpayers at the website documents.ok.gov.
The legislation was approved by a vote of 11-1 in the last committee vote to take place before the 2011 House committee House Bill consideration deadline and now goes to the full House for approval.
Governor Mary Fallin’s proposal to modernize the state’s vendor payment system and save 3.6 million dollars per year has been approved by the House of Representatives’ Government Modernization Committee.
House Bill 1086 proposes to utilize electronic payments methods such as direct deposit to pay the state’s thousands of vendor invoices. The bill is sponsored by State Representatives Jason Murphey, R-Guthrie and Josh Cockroft, R-McLoud, and State Senator Clark Jolley, R-Edmond.
Fallin called on legislators to approve the reform during her state of the state address. Fallin proposed the change after newly-elected Treasurer Ken Miller’s office explained that the state is currently spending $13.50 per vendor payment for each payment made using traditional paper conveyances such as payment warrants. This compares to electronic payments which cost the state approximately 5 cents per transfer.
Currently, approximately 230,000 checks are made with traditional paper payment conveyances. If House Bill 1086 is approved it will require nearly all vendor payments to be made by electronic payment with an estimated savings of 3.6 million dollars each year.
“This is an important reform,” Murphey explained. “This should have occurred several years ago and I appreciate the leadership of Governor Fallin and Treasurer Miller in introducing and supporting this innovative reform.”
In addition to the electronic payment proposal, House Bill 1086 represents an omnibus approach to using technology to enable taxpayer savings through efficiencies and spending transparencies. It includes Governor Fallin’s proposal for a shared state payroll system which is also estimated to save at least 2 million dollars each year, the placement of common eduction spending transactions on the data.ok.gov website and a one-stop shop for many state documents and annual reports to be located in a searchable format for easy purview by the taxpayers at the website documents.ok.gov.
The legislation was approved by a vote of 11-1 in the last committee vote to take place before the 2011 House committee House Bill consideration deadline and now goes to the full House for approval.
Friday, March 4, 2011
Guest editorial: Speaker Kris Steele
Meaningful Lawsuit Reforms
By House Speaker Kris Steele
Legislation passed in the House Judiciary Committee this week could change the economic landscape and provide greater access to healthcare services. House Bill 2128 is paving the way for meaningful lawsuit reforms in Oklahoma. The measure would establish a cap of $300,000 for noneconomic damages in all civil actions.
The legal system exists to provide an avenue for victims to seek remedies from those who have caused damage or harm. Justice for every Oklahoman is paramount and protecting an individual’s right to a fair and equitable hearing is vital. However, misuse can occur in the court system and when abuse transpires, litigation is often transformed into a weapon that is used in frivolous lawsuits. Judgments of astronomical awards distort the settlement and judicial processes and create wildly inconsistent outcomes in similar cases. Significant lawsuit reform is needed to establish uniformity and common sense to the civil justice process.
HB 2128 includes language designed to protect individuals who have suffered injuries arising from bodily harm by declaring that awards rendered for actual economic losses would not be subject to any limitations. The proposal is aimed at establishing fairness in the civil justice setting by striking a balance in protecting the rights of victims and guarding against abuse of runaway juries.
Currently, Oklahoma does not have a cap in place for noneconomic damages. A compromise bill signed into law in 2009 was contingent upon the creation of an indemnity fund and would have imposed a $400,000 cap for negligent cases. However, the indemnity fund never received an appropriation and did not take effect. This session the Legislature is pursuing reforms that are not dependent upon additional taxpayer funding. The reforms contained in House Bill 2128 could reduce the burden and costs on businesses while encouraging job growth across the state. This is a critical component in reaching our state’s economic potential.
Lawsuit reform is not only relevant for job creation, it is also necessary to protect access to quality healthcare. Predatory lawsuits require doctors to purchase costly malpractice insurance. For this reason, many doctors choose to practice across state lines. In addition, defensive medicine occurs when physicians order unnecessary and expensive medical tests and procedures to avoid lawsuits. These and other factors contribute to skyrocketing healthcare costs. The high price of medical care coupled with a shortage of healthcare professionals lead to limited access and poor health indicators. By enacting sensible lawsuit reforms, Oklahoma will send a clear message to the business and medical communities that we value their services in our state.
The proposals contained in House Bill 2128 will help create a stronger business climate and healthier Oklahoma.
By House Speaker Kris Steele
Legislation passed in the House Judiciary Committee this week could change the economic landscape and provide greater access to healthcare services. House Bill 2128 is paving the way for meaningful lawsuit reforms in Oklahoma. The measure would establish a cap of $300,000 for noneconomic damages in all civil actions.
The legal system exists to provide an avenue for victims to seek remedies from those who have caused damage or harm. Justice for every Oklahoman is paramount and protecting an individual’s right to a fair and equitable hearing is vital. However, misuse can occur in the court system and when abuse transpires, litigation is often transformed into a weapon that is used in frivolous lawsuits. Judgments of astronomical awards distort the settlement and judicial processes and create wildly inconsistent outcomes in similar cases. Significant lawsuit reform is needed to establish uniformity and common sense to the civil justice process.
HB 2128 includes language designed to protect individuals who have suffered injuries arising from bodily harm by declaring that awards rendered for actual economic losses would not be subject to any limitations. The proposal is aimed at establishing fairness in the civil justice setting by striking a balance in protecting the rights of victims and guarding against abuse of runaway juries.
Currently, Oklahoma does not have a cap in place for noneconomic damages. A compromise bill signed into law in 2009 was contingent upon the creation of an indemnity fund and would have imposed a $400,000 cap for negligent cases. However, the indemnity fund never received an appropriation and did not take effect. This session the Legislature is pursuing reforms that are not dependent upon additional taxpayer funding. The reforms contained in House Bill 2128 could reduce the burden and costs on businesses while encouraging job growth across the state. This is a critical component in reaching our state’s economic potential.
Lawsuit reform is not only relevant for job creation, it is also necessary to protect access to quality healthcare. Predatory lawsuits require doctors to purchase costly malpractice insurance. For this reason, many doctors choose to practice across state lines. In addition, defensive medicine occurs when physicians order unnecessary and expensive medical tests and procedures to avoid lawsuits. These and other factors contribute to skyrocketing healthcare costs. The high price of medical care coupled with a shortage of healthcare professionals lead to limited access and poor health indicators. By enacting sensible lawsuit reforms, Oklahoma will send a clear message to the business and medical communities that we value their services in our state.
The proposals contained in House Bill 2128 will help create a stronger business climate and healthier Oklahoma.
Thursday, March 3, 2011
What's been going on at the Capitol this week?
Weekly Wrap
Immigration Reform Advances
Legislation that cleared a House committee this week would address illegal immigration in Oklahoma by enhancing reform efforts.
House Bill 1446 includes a multiple provisions that represent the input of a number of House lawmakers.
The legislation would:
• make it a felony to engage in human trafficking;
• bar illegal immigrants from receiving tuition for post-secondary education;
• allow state agencies to report illegal immigrants who apply for state or federal aid;
• require employers to verify the immigration status of potential employees;
• outlaw the practice of illegal immigrants seeking work as an independent contractor; and
• make it a crime to pick up illegal immigrants for the purpose of employing them.
The legislation also includes language borrowed from the Arizona immigration law to prevent racial profiling.
House Bill 1446 is a starting point that will obviously undergo critical examination in the joint House-Senate committee on immigration. Officials plan to seek input from a variety of groups, especially law enforcement officials. The joint committee’s goal is to address the problems created by illegal immigration, but also ensure any new law is reasonable and practical for law enforcement to carry out.
House Bill 1446 passed out of the House Judiciary Committee this week and now goes to the floor of the Oklahoma House of Representatives.
Legislative Leaders Push Forward with Lawsuit Reforms
House Bill 2128 cleared the Judiciary Committee this week, paving the way for lawsuit reform in Oklahoma. The measure includes a cap of $300,000 for noneconomic damages in all civil actions and repeals the inactive indemnity fund.
Damages for noneconomic losses are damages for so-called “pain and suffering,” emotional distress, loss of consortium or companionship, and other vague and intangible injuries. These damages involve no direct economic loss and have no precise value. It is very difficult for juries to assign a dollar value to these losses. As a result, these awards tend to be erratic and, because of the highly charged environment of personal injury trials, excessive.
In addition, HB 2128 also includes language stating that for any civil action arising from a claimed bodily injury, the amount of compensation which the judge and jury may award a plaintiff for economic loss shall not be subject to any limitation.
House Bill 2128 now proceeds to the floor of the Oklahoma House of Representatives.
Lawmakers Advance Pension Accountability Act
The state House today passed an important reform measure to improve the openness and accountability of the direct investments being made to the Oklahoma Teachers’ Retirement System.
House Bill 1007 creates the Pension Funding Accountability Act. The measure provides for the monthly transfer of revenues from the Teachers’ Retirement System Dedicated Revenue Revolving Fund to the Teachers’ Retirement System of Oklahoma (TRS) for the purpose of funding the system’s unfunded liability.
Last year, State Question 744 was a major issue facing voters. The measure would have imposed a billion dollar unfunded mandate for education funding. After the facts of the issue were publicly aired, Oklahoma citizens rejected it by a margin of roughly 81 percent to 19 percent.
However, one issue associated with that debate did not receive extensive scrutiny – the reliability of the per-pupil funding figure cited by supporters of SQ 744.
According to official actuarial reports, for Fiscal Year 2010 the total contributions into the teachers’ retirement system were approximately $884 million. Roughly $200 million of that total each year is excluded from Oklahoma’s per-pupil spending because it is invested directly into the system.
House Bill 1007 passed the Oklahoma House of Representatives on a 69-27 vote. It will now go to the Oklahoma Senate.
Bill Would Help Citizens Search for Health Coverage
The Legislature continued taking steps forward to reduce the number of uninsured Oklahomans with House Bill 2130, which defines the membership and appointments to the Health Care for the Uninsured Board (HUB).
The purpose of the HUB is to establish a system of counseling, including a website, to educate and assist consumers in selecting an insurance policy that meets their needs.
The seven-member HUB consists of representatives from the Insurance Commissioner’s Office, the Oklahoma Healthcare Authority, insurance companies, agents and also consumers. The purpose of the HUB is to implement a market-based insurance exchange.
The HUB is comprised of appointees from the Governor, Speaker, and Senate Pro Tempore. The foundation and framework of the Oklahoma exchange were established in 2009. The actual concept of the exchange model was developed several years ago by the Heritage Foundation.
Oklahoma is one of seven states to receive an early innovator grant with Oklahoma receiving the largest amount of $54 million.
House Bill 2128 passed the House Public Health Committee this afternoon and will proceed to the floor of the Oklahoma House of Representatives.
Transportation Transparency Act Passes House
House lawmakers voted this week to increase public scrutiny of state road revenue.
House Bill 1489, the Taxpayer Transparency Act, passed through the Oklahoma House of Representatives with no opposition. It would create a single state Web site where the public can access all state road funding data.
The bill’s author noted that over half of some transportation-generated revenue, such as motor vehicle fees, currently goes to non-transportation sources and agencies.
With billions of dollars in unfunded road and bridge repairs, he argued that citizens should know where those tax dollars are actually going.
House Bill 1489 passed 96-0 and will now go to the Oklahoma Senate for consideration.
Citizens Could Decide Open Carry
Oklahoma voters could decide whether or not to authorize the open carry of firearms under legislation approved by a House committee this week.
House Bill 1796 calls for an election to determine if state law should be changed to allow citizens to openly carry firearms.
Under the bill, Oklahomans with a valid handgun license (which would be the equivalent of the current concealed carry license) would have the right to carry a weapon openly without concealing it.
Those with the license would have to undergo background checks and firearms training before being licensed.
House Bill 1796 passed out of the House Public Safety Committee on a 17-0 vote today. It will next go to the floor of the Oklahoma House of Representatives.
Bill Would Require Criminal Background Checks in DHS Foster Care Cases
Legislation approved by a committee this week would require the Oklahoma Department of Human Services (OKDHS) to conduct criminal background checks on all adults living in a home before a foster child is reunited with a parent.
The bill was prompted by the case of seven-year-old Aja Johnson, who was found dead in a wooded area in rural Norman roughly a year ago. Aja’s stepfather, Lester Hobbs, had a violent past that ultimately included killing his daughter.
House Bill 2136 is designed to deter similar tragedies in the future.
The bill directs DHS to conduct a safety analysis upon receipt of a report that a child may be abused or neglected. The analysis must include a criminal background check of any adult known to be in the home of the child and inquiries into Oklahoma State Bureau of Investigation and Federal Bureau of Investigation records.
The measure also requires service provider progress reports submitted to the court be delivered to each party involved in determining the placement of a child. In addition, the measure permits the Oklahoma Commission on Children and Youth to disclose any previous child welfare encounters or investigations involving a child who has died or nearly died.
Committee OKs Freedom Trail Act
Legislation approved by a House appropriations subcommittee would create an official Oklahoma Freedom Trail to recognize and document state historical sites associated with the freedom and civil rights movement of African-American citizens.
House Bill 1979 would direct the state tourism and transportation departments, the Oklahoma Historical Society and the Oklahoma Film and Music Commission to work jointly to promote the Oklahoma Freedom Trail. The legislation also calls for a working group to establish what sites would be included on the trail and to create a map and brochure to promote it.
Among the sites that may be included are the John Hope Franklin Reconciliation Park in Tulsa, the University of Oklahoma garden dedicated to Ada Lois Sipuel Fisher, and portraits of noted civil rights leaders at the Oklahoma Capitol.
House Bill 1979 was approved unanimously by the House Appropriations and Budget Subcommittee on Natural Resources and Regulatory Services. It now awaits consideration in the House Appropriations and Budget Committee.
Lawmakers Vote to Ban Foreign Law in State Courts
Legislation to ban the use of foreign law in Oklahoma courts gained committee approval this week.
House Bill 1552 declares that any court action will be “void and unenforceable” if the court ruling is based “on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions.”
The measure is similar to State Question 755, which prohibited the use of foreign law and expressly prohibited reliance on Sharia law in Oklahoma courts. SQ 755 passed with 70 percent of the vote last November, but implementation has been held up by court challenges.
To address one of the issues raised since passage of State Question 755, House Bill 1552 declares, “The Legislature fully recognizes the right to contract freely under the laws of this state, and also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state’s interest to protect and promote rights and privileges granted under the United States or Oklahoma Constitution.”
House Bill 1552 passed 10-3 in the House Judiciary Committee this week and will next be heard on the floor of the Oklahoma House of Representatives.
Millions Could Be Saved With Modernization Reform
The Oklahoma House of Representatives Government Modernization Committee has approved legislation to save millions of taxpayers dollars thought the implementation of information technology (IT) process reforms.
House Bill 1304 would transfer all information technology assets and employees to the Information Services Division of the Office of State Finance. It would also prohibit agencies from purchasing or leasing any information technology equipment between the time the bill takes effect and July 1, 2011.
The freeze on information technology expenditures and projects could save the state as much as $50 million in the fiscal year 2011 budget.
The committee vote took place after Oklahoma Chief Information Officer Alex Pettit and the Capgemini consulting firm reported on the preliminary findings from their recent study of Oklahoma’s IT systems.
The report found that the state utilizes 76 separate redundant financial tracking systems despite the fact that the state has one enterprise-wide financial software that all agencies should be using. There are 22 unique time and attendance systems, 17 imaging systems, 48 reporting and analytics applications, 30,000 desktop computers of which 2,000 are not in use, 25 different desktop operating systems, 133 email systems, and 27 SQL Server and Oracle systems with 92 percent of the SQL Server programs not being supported.
The study also referenced a report by the Gartner Group, which indicates Oklahoma is spending $35.6 million more than the average IT spend of other state governments.
House Bill 1304 includes several of the Capgemini report’s suggestions for addressing the IT shortcomings. The legislation was called for by Governor Mary Fallin in her State of the State address.
Lawmakers Approve Bill to Require Initiative Petitions to Identify Funding Source
Legislation approved by the Oklahoma House of Representatives would require initiative petitions that mandate new spending to identify a funding source.
House Bill 1225 would require those submitting a petition to include a statement “outlining all sources of funding to be used in the measure.”
House Bill 1225 passed by a vote of 52-46 and now proceeds to the Senate.
Committee Approves Alternative Sentencing for Veterans with PTSD
Legislation approved by a House committee would allow veterans suffering from post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI) to receive treatment when they are convicted of a crime
House Bill 1081 would allow a judge to send a military veteran convicted of a crime to the Department of Veterans Affairs for treatment if the defendant was diagnosed with post-traumatic stress disorder (PTSD) or Traumatic Brain Injury (TBI).
The bill’s author, state Rep. John Bennett (R-Sallisaw), is a Marine who served in both Iraq and Afghanistan. Under the bill, the PTSD or TBI would have to be service-related and have contributed to the commission of the crime.
As a private citizen, Bennett worked with Matt Stiner and state Rep. Fred Jordan (R-Jenks), all Marine veterans, to help create the state’s first veteran’s court, an alternative sentencing venue for veterans struggling with addiction due, in part, to PTSD.
House Bill 1081will build on the success of that program, which has enjoyed an astounding 99 percent success rate since December 2008.
While the veteran’s court serves only those accused of misdemeanors, the new proposed alternative sentencing program would also include those involved in some felony crimes.
The program could ultimately save taxpayer dollars because the alternative sentencing/treatment programs would be far less expensive than automatic incarceration, Bennett noted.
House Bill 1081 passed unanimously in the House Judiciary Committee. It now awaits a vote on the floor of the Oklahoma House of Representatives.
Committee Advances Bill to Facilitate Bone Marrow Donation
A House committee advanced legislation to facilitate bone marrow donation this week.
House Bill 1078 would authorize a leave of absence for employees to make a bone marrow or organ donation and allow those employees to use sick, vacation and annual leave to do so.
House Bill 1078 was approved by the House Economic Development, Tourism and Financial Services Committee and awaits consideration on the House floor.
Bill Aiding Small Businesses Advances
Legislation to reduce the regulatory burden of local small businesses cleared a House committee this week.
House Bill 1087 would authorize the Department of Public Safety to issue an annual vehicle permit to a transportation company or manufacturer of portable buildings solely for the movement of oversize portable buildings.
The bill also requires that the Oklahoma Load Limit Map be available on the Internet.
House Bill 1087 passed the House Transportation Committee on a 13-5 vote. It will now proceed to the floor of the Oklahoma House of Representatives.
Committee Approves Bill to Improve Appropriations Process
Under legislation passed by a House committee this week, lawmakers would have more information before passing a state budget.
House Bill 1422 authorizes the Oklahoma State and Education Employees Group Insurance Board to begin education employees’ insurance plan year on July 1, starting in 2012.
Changing the insurance plan’s start date allows lawmakers to know the cost of the plan before they put together the state budget. In the past, it was not unusual for entities to have to ask for a supplemental due to rate increases when a new plan started in January – the halfway point of the fiscal year. It was also not unusual for the plan to be less than fully funded, requiring school districts to address the shortfall by diverting money from other school programs.
House Bill 1422 was approved by the House Insurance Committee and will now proceed to the House floor for consideration.
Lawmakers Approve Eminent Domain Bill
Lawmakers approved legislation that would ensure Oklahomans who lose property due to a city or other authority’s use of eminent domain have the right to buy back any part of the property that goes unused.
House Bill 1226 gives a property owner the first right to buy back property acquired through eminent domain.
The legislation would also require the city or authority to send the original owner a notice of the right to buy back the property at either its original price or, if it had lost value, at the current appraised value. The original owner or his or her heirs would have 90 days to claim the right to purchase the property.
House Bill 1226 now proceeds to the Senate for consideration.
Committee Clears Bill Creating Sickle-Cell Anemia Program
Legislation that would direct the state health department to provide information on data and resources related to sickle-cell disease has been passed by a House committee.
Sickle cell disease affects an estimated 70,000 to 100,000 Americans, according to the Centers for Disease Control and Prevention. However, a vaccine that protects against invasive pnemococcal disease and has nearly halved the number of sickle cell-related deaths among children less than four years of age.
House Bill 1980 now awaits consideration by the full House.
Committee Approves Derby Bill Aiding Disabled
Legislation that will aid vehicles transporting elderly citizens who require wheelchair has gained committee approval.
Under House Bill 1687, the state would issue a bright orange disability placard for vehicles transporting citizens in wheelchairs. The placard would be granted only to vehicles that have a wheelchair ramp mounted in the car, giving them the right to use handicap parking spaces.
Under current law, the transport vehicle often has to park at the far edge of the lot to allow the ramp room to unload a senior citizen. As a result, the elderly person may then have to cross the parking lot in a wheelchair, potentially moving below the sightline of drivers pulling into the lot – a potentially dangerous situation.
House Bill 1687 passed the House General Government Committee on a 14-0 vote. It now goes to the floor of the Oklahoma House of Representatives.
Immigration Reform Advances
Legislation that cleared a House committee this week would address illegal immigration in Oklahoma by enhancing reform efforts.
House Bill 1446 includes a multiple provisions that represent the input of a number of House lawmakers.
The legislation would:
• make it a felony to engage in human trafficking;
• bar illegal immigrants from receiving tuition for post-secondary education;
• allow state agencies to report illegal immigrants who apply for state or federal aid;
• require employers to verify the immigration status of potential employees;
• outlaw the practice of illegal immigrants seeking work as an independent contractor; and
• make it a crime to pick up illegal immigrants for the purpose of employing them.
The legislation also includes language borrowed from the Arizona immigration law to prevent racial profiling.
House Bill 1446 is a starting point that will obviously undergo critical examination in the joint House-Senate committee on immigration. Officials plan to seek input from a variety of groups, especially law enforcement officials. The joint committee’s goal is to address the problems created by illegal immigration, but also ensure any new law is reasonable and practical for law enforcement to carry out.
House Bill 1446 passed out of the House Judiciary Committee this week and now goes to the floor of the Oklahoma House of Representatives.
Legislative Leaders Push Forward with Lawsuit Reforms
House Bill 2128 cleared the Judiciary Committee this week, paving the way for lawsuit reform in Oklahoma. The measure includes a cap of $300,000 for noneconomic damages in all civil actions and repeals the inactive indemnity fund.
Damages for noneconomic losses are damages for so-called “pain and suffering,” emotional distress, loss of consortium or companionship, and other vague and intangible injuries. These damages involve no direct economic loss and have no precise value. It is very difficult for juries to assign a dollar value to these losses. As a result, these awards tend to be erratic and, because of the highly charged environment of personal injury trials, excessive.
In addition, HB 2128 also includes language stating that for any civil action arising from a claimed bodily injury, the amount of compensation which the judge and jury may award a plaintiff for economic loss shall not be subject to any limitation.
House Bill 2128 now proceeds to the floor of the Oklahoma House of Representatives.
Lawmakers Advance Pension Accountability Act
The state House today passed an important reform measure to improve the openness and accountability of the direct investments being made to the Oklahoma Teachers’ Retirement System.
House Bill 1007 creates the Pension Funding Accountability Act. The measure provides for the monthly transfer of revenues from the Teachers’ Retirement System Dedicated Revenue Revolving Fund to the Teachers’ Retirement System of Oklahoma (TRS) for the purpose of funding the system’s unfunded liability.
Last year, State Question 744 was a major issue facing voters. The measure would have imposed a billion dollar unfunded mandate for education funding. After the facts of the issue were publicly aired, Oklahoma citizens rejected it by a margin of roughly 81 percent to 19 percent.
However, one issue associated with that debate did not receive extensive scrutiny – the reliability of the per-pupil funding figure cited by supporters of SQ 744.
According to official actuarial reports, for Fiscal Year 2010 the total contributions into the teachers’ retirement system were approximately $884 million. Roughly $200 million of that total each year is excluded from Oklahoma’s per-pupil spending because it is invested directly into the system.
House Bill 1007 passed the Oklahoma House of Representatives on a 69-27 vote. It will now go to the Oklahoma Senate.
Bill Would Help Citizens Search for Health Coverage
The Legislature continued taking steps forward to reduce the number of uninsured Oklahomans with House Bill 2130, which defines the membership and appointments to the Health Care for the Uninsured Board (HUB).
The purpose of the HUB is to establish a system of counseling, including a website, to educate and assist consumers in selecting an insurance policy that meets their needs.
The seven-member HUB consists of representatives from the Insurance Commissioner’s Office, the Oklahoma Healthcare Authority, insurance companies, agents and also consumers. The purpose of the HUB is to implement a market-based insurance exchange.
The HUB is comprised of appointees from the Governor, Speaker, and Senate Pro Tempore. The foundation and framework of the Oklahoma exchange were established in 2009. The actual concept of the exchange model was developed several years ago by the Heritage Foundation.
Oklahoma is one of seven states to receive an early innovator grant with Oklahoma receiving the largest amount of $54 million.
House Bill 2128 passed the House Public Health Committee this afternoon and will proceed to the floor of the Oklahoma House of Representatives.
Transportation Transparency Act Passes House
House lawmakers voted this week to increase public scrutiny of state road revenue.
House Bill 1489, the Taxpayer Transparency Act, passed through the Oklahoma House of Representatives with no opposition. It would create a single state Web site where the public can access all state road funding data.
The bill’s author noted that over half of some transportation-generated revenue, such as motor vehicle fees, currently goes to non-transportation sources and agencies.
With billions of dollars in unfunded road and bridge repairs, he argued that citizens should know where those tax dollars are actually going.
House Bill 1489 passed 96-0 and will now go to the Oklahoma Senate for consideration.
Citizens Could Decide Open Carry
Oklahoma voters could decide whether or not to authorize the open carry of firearms under legislation approved by a House committee this week.
House Bill 1796 calls for an election to determine if state law should be changed to allow citizens to openly carry firearms.
Under the bill, Oklahomans with a valid handgun license (which would be the equivalent of the current concealed carry license) would have the right to carry a weapon openly without concealing it.
Those with the license would have to undergo background checks and firearms training before being licensed.
House Bill 1796 passed out of the House Public Safety Committee on a 17-0 vote today. It will next go to the floor of the Oklahoma House of Representatives.
Bill Would Require Criminal Background Checks in DHS Foster Care Cases
Legislation approved by a committee this week would require the Oklahoma Department of Human Services (OKDHS) to conduct criminal background checks on all adults living in a home before a foster child is reunited with a parent.
The bill was prompted by the case of seven-year-old Aja Johnson, who was found dead in a wooded area in rural Norman roughly a year ago. Aja’s stepfather, Lester Hobbs, had a violent past that ultimately included killing his daughter.
House Bill 2136 is designed to deter similar tragedies in the future.
The bill directs DHS to conduct a safety analysis upon receipt of a report that a child may be abused or neglected. The analysis must include a criminal background check of any adult known to be in the home of the child and inquiries into Oklahoma State Bureau of Investigation and Federal Bureau of Investigation records.
The measure also requires service provider progress reports submitted to the court be delivered to each party involved in determining the placement of a child. In addition, the measure permits the Oklahoma Commission on Children and Youth to disclose any previous child welfare encounters or investigations involving a child who has died or nearly died.
Committee OKs Freedom Trail Act
Legislation approved by a House appropriations subcommittee would create an official Oklahoma Freedom Trail to recognize and document state historical sites associated with the freedom and civil rights movement of African-American citizens.
House Bill 1979 would direct the state tourism and transportation departments, the Oklahoma Historical Society and the Oklahoma Film and Music Commission to work jointly to promote the Oklahoma Freedom Trail. The legislation also calls for a working group to establish what sites would be included on the trail and to create a map and brochure to promote it.
Among the sites that may be included are the John Hope Franklin Reconciliation Park in Tulsa, the University of Oklahoma garden dedicated to Ada Lois Sipuel Fisher, and portraits of noted civil rights leaders at the Oklahoma Capitol.
House Bill 1979 was approved unanimously by the House Appropriations and Budget Subcommittee on Natural Resources and Regulatory Services. It now awaits consideration in the House Appropriations and Budget Committee.
Lawmakers Vote to Ban Foreign Law in State Courts
Legislation to ban the use of foreign law in Oklahoma courts gained committee approval this week.
House Bill 1552 declares that any court action will be “void and unenforceable” if the court ruling is based “on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions.”
The measure is similar to State Question 755, which prohibited the use of foreign law and expressly prohibited reliance on Sharia law in Oklahoma courts. SQ 755 passed with 70 percent of the vote last November, but implementation has been held up by court challenges.
To address one of the issues raised since passage of State Question 755, House Bill 1552 declares, “The Legislature fully recognizes the right to contract freely under the laws of this state, and also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state’s interest to protect and promote rights and privileges granted under the United States or Oklahoma Constitution.”
House Bill 1552 passed 10-3 in the House Judiciary Committee this week and will next be heard on the floor of the Oklahoma House of Representatives.
Millions Could Be Saved With Modernization Reform
The Oklahoma House of Representatives Government Modernization Committee has approved legislation to save millions of taxpayers dollars thought the implementation of information technology (IT) process reforms.
House Bill 1304 would transfer all information technology assets and employees to the Information Services Division of the Office of State Finance. It would also prohibit agencies from purchasing or leasing any information technology equipment between the time the bill takes effect and July 1, 2011.
The freeze on information technology expenditures and projects could save the state as much as $50 million in the fiscal year 2011 budget.
The committee vote took place after Oklahoma Chief Information Officer Alex Pettit and the Capgemini consulting firm reported on the preliminary findings from their recent study of Oklahoma’s IT systems.
The report found that the state utilizes 76 separate redundant financial tracking systems despite the fact that the state has one enterprise-wide financial software that all agencies should be using. There are 22 unique time and attendance systems, 17 imaging systems, 48 reporting and analytics applications, 30,000 desktop computers of which 2,000 are not in use, 25 different desktop operating systems, 133 email systems, and 27 SQL Server and Oracle systems with 92 percent of the SQL Server programs not being supported.
The study also referenced a report by the Gartner Group, which indicates Oklahoma is spending $35.6 million more than the average IT spend of other state governments.
House Bill 1304 includes several of the Capgemini report’s suggestions for addressing the IT shortcomings. The legislation was called for by Governor Mary Fallin in her State of the State address.
Lawmakers Approve Bill to Require Initiative Petitions to Identify Funding Source
Legislation approved by the Oklahoma House of Representatives would require initiative petitions that mandate new spending to identify a funding source.
House Bill 1225 would require those submitting a petition to include a statement “outlining all sources of funding to be used in the measure.”
House Bill 1225 passed by a vote of 52-46 and now proceeds to the Senate.
Committee Approves Alternative Sentencing for Veterans with PTSD
Legislation approved by a House committee would allow veterans suffering from post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI) to receive treatment when they are convicted of a crime
House Bill 1081 would allow a judge to send a military veteran convicted of a crime to the Department of Veterans Affairs for treatment if the defendant was diagnosed with post-traumatic stress disorder (PTSD) or Traumatic Brain Injury (TBI).
The bill’s author, state Rep. John Bennett (R-Sallisaw), is a Marine who served in both Iraq and Afghanistan. Under the bill, the PTSD or TBI would have to be service-related and have contributed to the commission of the crime.
As a private citizen, Bennett worked with Matt Stiner and state Rep. Fred Jordan (R-Jenks), all Marine veterans, to help create the state’s first veteran’s court, an alternative sentencing venue for veterans struggling with addiction due, in part, to PTSD.
House Bill 1081will build on the success of that program, which has enjoyed an astounding 99 percent success rate since December 2008.
While the veteran’s court serves only those accused of misdemeanors, the new proposed alternative sentencing program would also include those involved in some felony crimes.
The program could ultimately save taxpayer dollars because the alternative sentencing/treatment programs would be far less expensive than automatic incarceration, Bennett noted.
House Bill 1081 passed unanimously in the House Judiciary Committee. It now awaits a vote on the floor of the Oklahoma House of Representatives.
Committee Advances Bill to Facilitate Bone Marrow Donation
A House committee advanced legislation to facilitate bone marrow donation this week.
House Bill 1078 would authorize a leave of absence for employees to make a bone marrow or organ donation and allow those employees to use sick, vacation and annual leave to do so.
House Bill 1078 was approved by the House Economic Development, Tourism and Financial Services Committee and awaits consideration on the House floor.
Bill Aiding Small Businesses Advances
Legislation to reduce the regulatory burden of local small businesses cleared a House committee this week.
House Bill 1087 would authorize the Department of Public Safety to issue an annual vehicle permit to a transportation company or manufacturer of portable buildings solely for the movement of oversize portable buildings.
The bill also requires that the Oklahoma Load Limit Map be available on the Internet.
House Bill 1087 passed the House Transportation Committee on a 13-5 vote. It will now proceed to the floor of the Oklahoma House of Representatives.
Committee Approves Bill to Improve Appropriations Process
Under legislation passed by a House committee this week, lawmakers would have more information before passing a state budget.
House Bill 1422 authorizes the Oklahoma State and Education Employees Group Insurance Board to begin education employees’ insurance plan year on July 1, starting in 2012.
Changing the insurance plan’s start date allows lawmakers to know the cost of the plan before they put together the state budget. In the past, it was not unusual for entities to have to ask for a supplemental due to rate increases when a new plan started in January – the halfway point of the fiscal year. It was also not unusual for the plan to be less than fully funded, requiring school districts to address the shortfall by diverting money from other school programs.
House Bill 1422 was approved by the House Insurance Committee and will now proceed to the House floor for consideration.
Lawmakers Approve Eminent Domain Bill
Lawmakers approved legislation that would ensure Oklahomans who lose property due to a city or other authority’s use of eminent domain have the right to buy back any part of the property that goes unused.
House Bill 1226 gives a property owner the first right to buy back property acquired through eminent domain.
The legislation would also require the city or authority to send the original owner a notice of the right to buy back the property at either its original price or, if it had lost value, at the current appraised value. The original owner or his or her heirs would have 90 days to claim the right to purchase the property.
House Bill 1226 now proceeds to the Senate for consideration.
Committee Clears Bill Creating Sickle-Cell Anemia Program
Legislation that would direct the state health department to provide information on data and resources related to sickle-cell disease has been passed by a House committee.
Sickle cell disease affects an estimated 70,000 to 100,000 Americans, according to the Centers for Disease Control and Prevention. However, a vaccine that protects against invasive pnemococcal disease and has nearly halved the number of sickle cell-related deaths among children less than four years of age.
House Bill 1980 now awaits consideration by the full House.
Committee Approves Derby Bill Aiding Disabled
Legislation that will aid vehicles transporting elderly citizens who require wheelchair has gained committee approval.
Under House Bill 1687, the state would issue a bright orange disability placard for vehicles transporting citizens in wheelchairs. The placard would be granted only to vehicles that have a wheelchair ramp mounted in the car, giving them the right to use handicap parking spaces.
Under current law, the transport vehicle often has to park at the far edge of the lot to allow the ramp room to unload a senior citizen. As a result, the elderly person may then have to cross the parking lot in a wheelchair, potentially moving below the sightline of drivers pulling into the lot – a potentially dangerous situation.
House Bill 1687 passed the House General Government Committee on a 14-0 vote. It now goes to the floor of the Oklahoma House of Representatives.
Wednesday, March 2, 2011
FOR IMMEDIATE RELEASE:
Contact: State Rep. Josh Cockroft
Capitol: (405) 557-7349
Lawmaker Praises Passage of Firearm Bills
OKLAHOMA CITY – State Rep. Josh Cockroft praised the House Public Safety Committee today on the passage of four firearm bills.
“I supported all four bills and was pleased to see enough support for their committee passage,” said Cockroft, R-McLoud. “I will always vote to uphold Second Amendment rights.”
House Bill 1796 would give Oklahomans the opportunity to vote on whether or not people with a valid handgun license would be able to carry that handgun openly.
House Bill 1652 would allow Oklahomans with a valid handgun license to store a weapon in their vehicle on technology center property.
House Bill 2087 would allow college faculty members with a valid handgun license to bring a firearm onto campus.
House Bill 1255 would give U.S. attorneys the right to carry protection with them anywhere in Oklahoma.
“Americans have a constitutional right to bear firearms, which allows them to defend themselves and their families,” Cockroft said. “Without this right, the criminals are the only ones with guns.”
Contact: State Rep. Josh Cockroft
Capitol: (405) 557-7349
Lawmaker Praises Passage of Firearm Bills
OKLAHOMA CITY – State Rep. Josh Cockroft praised the House Public Safety Committee today on the passage of four firearm bills.
“I supported all four bills and was pleased to see enough support for their committee passage,” said Cockroft, R-McLoud. “I will always vote to uphold Second Amendment rights.”
House Bill 1796 would give Oklahomans the opportunity to vote on whether or not people with a valid handgun license would be able to carry that handgun openly.
House Bill 1652 would allow Oklahomans with a valid handgun license to store a weapon in their vehicle on technology center property.
House Bill 2087 would allow college faculty members with a valid handgun license to bring a firearm onto campus.
House Bill 1255 would give U.S. attorneys the right to carry protection with them anywhere in Oklahoma.
“Americans have a constitutional right to bear firearms, which allows them to defend themselves and their families,” Cockroft said. “Without this right, the criminals are the only ones with guns.”
News 9 Article: Important gun bills pass committee process
http://www.news9.com/Global/story.asp?S=14174251
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