Senate committee approves bill for construction of Health Lab

OKLAHOMA CITY – The Senate Appropriations Committee approved legislation Wednesday to construct a new state health lab. Sen. Kim David, R-Porter, is the author of Senate Bill 236 to authorize the Oklahoma Capitol Improvement Authority to issue nearly $59 million in bonds for the construction of the new facility. 

David said the lab has faced losing its accreditation since 2008, which would be detrimental and extremely costly for the state, and this year the legislature must act.  

“The Oklahoma Health Lab is at serious risk of losing its accreditation, which will shut the lab down and the state will have to outsource all services at an additional cost of $9 million annually,” said David, Senate Appropriations Chair. “The lab provides crucial health services for not only the state but for counties and the public as well. Their work includes diagnosing and preventing the spread of communicable diseases, identifying terrorist events and providing newborn screenings for inherited metabolic disorders. We must ensure those services are not interrupted.”

Built in 1972, the Health Lab is one of the oldest in the nation. Numerous assessments by the Association of Public Health Laboratories, the College of American Pathologists and other organizations since 2008 have concluded that the facility is outdated and not capable of supporting technically advanced work. The building is also prone to flooding and has an unreliable heat and air system that can negatively impact tests performed on site.

In 2015, the Long Range Capital Planning Commission identified $349 million in total critical capital needs and the health lab was at the top of the list.

The Department of Health estimated the cost of a new 49,000 square-foot lab would be $40 million in 2009. Today, they estimate the cost will require a 20-year bond for $58.5 million.  

David pointed out that the use of bond financing for the project will not increase the state’s debt as nearly half the state’s tax-backed bond debt will be paid off by 2020. 

Senate Higher Education Committee touts success of concurrent enrollment

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Members of the Senate Education Committee listen to Higher Education Chancellor Glen Johnson discuss concurrent enrollment program successes.

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Oklahoma’s concurrent enrollment tuition waiver program allows qualifying high school juniors and seniors to enroll in college classes before they actually graduate.  Eligible seniors can actually get tuition waivers for up to six credit hours a semester.  The idea is to encourage high school students to jump start their college education while saving their families money.

It’s been more than a decade since the program was created back in 2005, so State Sen. Gary Stanislawski wanted to know how it’s been doing and whether Oklahoma could do more to encourage greater participation.

At his request, the Senate Education Committee met Thursday to take a look at the state’s concurrent enrollment program.  Stanislawski said he was very pleased with the data presented to the committee.

“I wanted to know if it was fulfilling its original mission and what the outcomes have been.  We’ve seen data presented today that tell us it has been a resounding success” said Stanislawski, R-Tulsa.  “I’m very pleased with how well the program has been accepted throughout higher education and in our high schools, and in the growth rate of students participating, saving thousands of dollars while earning college credit.”

Higher Education Chancellor Glen Johnson called the program a game-changer that’s helping more students earn college degrees.  That’s increasingly important because 67 percent of all jobs created in Oklahoma by 2020 will require some college, a long-term certificate or a college degree—37 percent of all jobs created in the state by 2020 will require an associate’s degree, a bachelor’s degree or higher.

“We believe concurrent enrollment is absolutely a critical initiative in terms of driving our major goal, our major agenda item in higher education which is college degree completion,” Johnson said, noting the program offers multiple benefits, including cost savings, reduced time to earn a degree, and higher retention and graduation rates for students who take advantage of concurrent enrollment while still in high school.

Johnson presented data from the Oklahoma State Regents for Higher Education that showed the number of students participating has more than doubled since the program began, from 5,526 to 11,722 ten years later.

The number of credit hours earned increased during that time by 158 percent, and 97 percent of the students that take concurrent enrollment successfully complete the course.

The committee also looked at what could be done to encourage more students to participate in concurrent enrollment, including doing more to help students on free and reduced lunches, as well as addressing out of pocket expenses, such as fees that are not covered by the tuition waiver. 

“I think that’s a barrier for some students,” Stanislawski said.  “While the current budget situation may limit what we can do right now, it needs to be on the radar.  We need to have a plan over the next several years to increase funding in this area to help more students receive a college degree.”

Senate Democratic Leader John Sparks Issues Comments On Governor’s Call for a Special Session to Spend “Extra Money”

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OKLAHOMA CITY – Senate Democratic Leader John Sparks (D-Norman) issued the following comments in response to the report that Governor Fallin is considering calling the Legislature into special session to use “extra money” to fund a pay raise for public school teachers:

“Once again, Governor Fallin and the Republican majority in the legislature are showing how bad they are at public finance and how good they are at election year political pandering – because that is all this proposal for a special session on teacher pay raises is.

“I’ve said it before and I’ll say it again: a special session to figure out what to do with the $140.8 million in ‘extra money’ the Governor’s finance team found back in June is unlawful and unnecessary. We don’t need to spend taxpayer dollars we don’t have to pass a new law to determine how and where this money should be spent. We passed a budget in May of 2015 which directed how this money was to be spent. The Governor’s finance team needs to simply re-allocate this money back to the agencies to which it was originally appropriated.

“In addition, I find the timing of this call for special session curious. To suddenly want to come to the table to pass a teacher pay raise plan in the midst of a heated campaign season where educators and parents are not only concerned but motivated and active wreaks of political pandering.

“Finally, the idea that using one-time ‘extra money’ to fund an ongoing expense like teacher salaries is fiscally unsound. To use one time money for a recurring budget item is short sighted at best and sets our teachers up for serious disappointment in the future when there isn’t more one-time money to keep funding their new, higher salaries.

“We need to address the issue of teacher pay and our ongoing teacher shortage. But, this isn’t the way to do it. If the Republicans in the legislature really cared about teachers, they would have passed a pay raise bill during the regular session. But to spend $30,000 a week for a special session to address this issue now using one-time funds is unlawful, unnecessary, inappropriate, and pandering fiscal mismanagement.”

Gov. signs ‘Kristin’s Law’; measure will better protect domestic violence victims

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Legislation that changes the legal definition of “pattern of physical abuse” has been signed into law. Senate Bill 1491, also known as Kristin’s Law, authored by Senator Bryce Marlatt and Representative Scott Biggs, was approved by Governor Mary Fallin on Wednesday.  Marlatt said the change will enable tougher penalties to be handed down sooner—a change that could help save lives.

“Studies of cases right here in Oklahoma show that in the vast majority of domestic violence cases that ended in homicide there was prior evidence of domestic abuse,” said Marlatt, R-Woodward. “Domestic violence tends to escalate. The more incidents that happen, the more dangerous the situation becomes. By applying stronger penalties sooner, hopefully we can stop some of these offenders before it’s too late. I appreciate the tremendous bipartisan support in both chambers and am grateful to Governor Fallin for signing this bill into law.”

Under current law, there must be three or more separate incidences of domestic abuse within the previous twelve months. Kristin’s Law would reduce that by requiring two separate incidents of domestic abuse to establish that pattern, and it would no longer be required that the two incidents must have happened in the previous year. If that pattern is established, conviction carries a penalty of up to ten years in prison and/or a fine of up to $5,000.

“I cannot stress enough the importance of reducing domestic violence,” said Biggs, R-Chickasha, a former prosecutor. “Spouses often have little recourse when the person who is supposed to be in their corner is instead their victimizer. I think this legislation will help us to intervene more quickly and increase the protection of domestic violence victims. I thank Governor Fallin for her support of this legislation.”

Kristin’s Law will become effective November 1, 2016.

Senate approves ‘Stolen Valor’ legislation

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The full Senate approved a measure by Senate President Pro Tempore Brian Bingman and Representative James Leewright that is aimed at ending the practice of “stolen valor.”  The bill was approved 44 to 2.

House Bill 2450, by Bingman and Leewright, increases the fine for an act of “stolen valor,” which involves impersonating a member of the Armed Forces by wearing any decoration or medals awarded to members of the Armed Forces. The fine would be increased from $100 to $1,000 under HB 2450.

“‘Stolen valor’ is a serious offense and is demeaning to those who have served and those who are serving in the military. Increasing the fine for impersonating a veteran should discourage anyone from engaging in this despicable practice. This measure helps protect the integrity and honor that comes with serving in our nation’s Armed Forces. We value that service, our veterans and their families and this measure is one way we can express our gratitude to them,” said Bingman, R-Sapulpa.

The Senate leader noted it was just a week ago that lawmakers met in a special joint session to honor the 45th Infantry and the Oklahoma National Guard.

“Medals were awarded to men and women who exemplify the courage, dedication, patriotism and professionalism that is a hallmark of those who wear a uniform,” Bingman said.  “Those who fraudulently display those medals and decorations will face even stronger penalties once this legislation becomes law.”

Leewright thanked the Senate for their support of the measure.

“It’s incredibly important that we protect the legacy of our veterans from misuse.  I appreciate the bipartisan support this bill has received and look forward to it being signed into law,” said Leewright, R-Bristow.

The bill now heads to the governor’s desk.

Senate President Pro Tempore Bingman and Appropriations Chair Jolley comment on passage of Education and Corrections supplementals

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Senate president Pro Tempore Brian Bingman issued the following statement after the full Senate approved supplemental appropriations for Education and Corrections on Tuesday. 

“Education and public safety are top priorities in the state Senate, which is why we’ve worked hard to shield them from the severe budget cuts other agencies have experienced during these tough times. Unfortunately, state revenues continue to suffer because of the dramatic downturn in oil and gas prices which is why more cuts are necessary to maintain a balanced budget this fiscal year. Using Rainy Day Funds will lessen the impact of these budget cuts on students, while also preventing cuts at state prisons. I appreciate my Senate colleagues for acting quickly on these measures to help these agencies. 

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“We understand the tough job facing teachers and appreciate their hard work. We’ve worked to limit education funding cuts to 1.85 percent in recent years at a time when other agencies have seen budget cuts of as much as 20 to 30 percent. Protecting education funding from such severe budget reductions shows our appreciation for the role teachers play in preparing the next generation of Oklahoma leaders for success. The Senate will continue to pursue reforms to free educators from government red-tape and get more dollars into the classroom so teachers are able to focus more on the most important part of their job: our children.”—Senate President Pro Tempore Brian Bingman, R-Sapulpa

Statement from Senate Appropriations Chair Clark Jolley on approval by the Senate of supplemental appropriations for Education and Corrections:

“Education and public safety are core government services—and it’s crucial for us to provide these funds to help both get through this budget year.

“The reality is the current economic climate is going to impact our state for some time to come, not just in FY 2017, but in FY 2018 as well. These supplemental appropriations will provide relief this year, while ensuring Oklahoma will still have resources available in the Rainy Day Fund for the challenges ahead.”—Senate Appropriations Chair, Clark Jolley, R-Edmond.

Full Senate approves ‘Labor Commissioner Mark Costello Act’; bill aimed at helping mentally ill needing assisted outpatient treatment

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Legislation to help families get assisted outpatient treatment for adult relatives with mental illness before a situation reaches a crisis has been approved by the full Senate.  House Bill 1697, by Sen. AJ Griffin and Rep. Lee Denney, was approved unanimously by the full Senate on Tuesday. The legislation is named the Labor Commissioner Mark Costello Act. Costello’s adult son, Christian, who struggled with mental illness for years, is charged in his father’s 2015 death.

Griffin said only a few decades ago, many with mental illness in this country were institutionalized, often against their will.  With the move toward deinstitutionalization and community based treatment, laws were passed to ensure patients with mental illness could only be forced into treatment if they were an eminent threat to themselves or others.

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 “Unfortunately, by the time that happens, it may be too late to avoid a crisis. It’s especially difficult for families who’ve tried to help children with mental illness, but learn once their child turns 18, their hands are often tied when they attempt to get their son or daughter the treatment they need to be able to function safely at home and in the community,” said Griffin, R-Guthrie. “The Mark Costello Act would give families a path through the courts to get their loved one into assisted outpatient treatment before a tragedy occurs.”

HB 1697 outlines circumstances which would allow judges to order individuals to participate in an assisted outpatient treatment program if petitioned by immediate family members or guardians or those directly involved with the individual’s treatment. The individual must be 18 years or older, under the care of the Department of Mental Health and Substance Abuse, and unlikely to survive safely in the community without supervision.

Denney said before Costello’s death, he had been an advocate for mental health treatment resources in Oklahoma.

“Mental Illness can be especially hard to address, because the illness itself can cause a person to resist the help of loved ones,” said Denney, R-Cushing. “Mark Costello was very vocal about the need to do more in Oklahoma. His wife, Cathy, is continuing that advocacy and I am proud to collaborate with her and Senator Griffin on this legislation. We hope that it will give judges a tool that can be used to help those afflicted by mental illness.”

Cathy Costello spoke in favor of HB 1697 when it was approved by the Senate Health and Human Services Committee last month. She watched from the Senate gallery as the measure was approved.

“I’m grateful to Senator Griffin and Representative Denney for their hard work on this legislation. It’s heartbreaking for families who struggle to get help for their adult children or other relatives only to hit a wall because current law doesn’t allow for intervention until they’re a danger to themselves or others—and by then it may be too late,” Costello said. “I believe this bill can help Oklahoma families before they face a tragedy like our family experienced.”

The measure now returns to the House for consideration of Senate amendments.

Resolution approved to allow voters to decide on appointment of Labor Commissioner

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OKLAHOMA CITY – The Senate approved a joint resolution Tuesday to put on the November ballot a state question to make the Commissioner of Labor a gubernatorial appointed position. Sen. Greg Treat, R-Oklahoma City, is the author of Senate Joint Resolutions 65.

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“As the executive leader of the state, the governor should have the power to hire and fire agency heads and should be held accountable for their work,” said Treat. “This is a measure that two years ago, the late Commissioner Costello came and testified before our committee saying that he was in full support. He felt it was better governance. I thank my Senate colleagues for their support of the legislation.”

SJR 65 would submit a question to voters to allow the governor to appoint the Commissioner of Labor with the consent of the Senate for a term of four years to run concurrently with the governor’s term of office. 

Oklahoma is one of only a few states that elect a labor commissioner.

If approved by the House, the state question will be submitted to the Secretary of State to be placed on the November 2016 ballot.  

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EDITOR'S NOTES:

Oklahoma is one of only four states to elect a labor commissioner. In the 46 other states, the position is appointed by the governor. Texas has a three-member board that serves this function instead of a single executive position. Oklahoma's commissioner, Mark Costello was re-elected to a second term in 2014 and was murdered on August 23, 2015 in Oklahoma City. Under Article 6, Section 13 of the state Constitution, in the event of a vacancy in the office, the governor appoints a person to serve until a successor is either elected or appointed and qualified by law. 

SJR65 passed by a vote of 33-13. Dan Newberry, the Senator representing the district including Sand Springs voted in favor.

Full Senate approves proposed state question on repealing Oklahoma’s Blaine Amendment

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The full Senate has approved legislation allowing Oklahoma voters to decide whether to repeal Article II, Section 5 of the Oklahoma Constitution, known as the “Blaine Amendment,” forbidding the use of public monies or property for sectarian or religious purposes. It was cited by the majority of the Oklahoma Supreme Courting in a 2015 ruling that forced the removal of a Ten Commandments Monument from the grounds of the Capitol. 

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 Sen. Rob Standridge, R-Norman, is the author of Senate Joint Resolution 72.

“The Blaine amendment represented an effort to suppress Catholic education while allowing state funding of protestant-oriented schools. Many Oklahomans felt the amendment never should have applied to the Ten Commandments Monument case, and have expressed dismay such a discriminatory provision was still in our constitution,” Standridge said. “This measure will give the final say to the citizens of our state.”

Senate President Pro Tempore Brian Bingman praised Monday’s 39 to 5 vote in favor of SJR 72.

“The court’s recent interpretation of the Blaine Amendment could have much broader implications, including threatening millions of dollars in state aid to hospitals, child care centers and schools catering to children with special needs. It’s time for the Blaine Amendment to be repealed from the Oklahoma Constitution. I appreciate Senator Standridge’s efforts to secure passage of SJR72 to allow Oklahomans to weigh in on this important issue.” 

SJR 72 now moves to the House of Representatives for further consideration.

Editorial: To the Oklahoma State Legislature

Senator Dan Newberry,

I hope this contact finds you in good spirits. I am writing as a citizen of your district, a resident of the 74063, to request your vote AGAINST SB609's creation of a scholarship savings program that would in any way shape or form direct monies towards private schools that could and should otherwise be used for the improvement of our public education programs. 

Private schools should remain in the private sector. Parents already have the option to remove their child from public schooling, they should not however be allowed to remove funding from our public schools and redirect it to an entity that does not exist for the public. I do not get a refund for roads I don't drive on for the use of improving my private driveway. Neither should private schools be funded by public money that should be used for the good of the whole community. 

As a passionate supporter of our public education system, I will be unable to vote for any senator or representative who would seek to remove even a penny from our already dismal public education funding. With Oklahoma already near the bottom of the nation in per-pupil funding, it is absurd to consider removing money from a starving school system. 

I hope you will do what is right by our young people and continue to invest in their education. Oklahoma should be making every effort to improve our public schools, not throwing in the towel and giving up on them. 

I hope to see your name not just in opposition of this bill, but in favor of bills that will increase our public education funding, especially in terms of teacher pay. It's time to end the exodus of teachers to Texas and other neighboring states. It's time we establish competitive pay for our educators so that we may attract the best and brightest. It's time to acknowledge that our single greatest asset is our children and that our responsibility is to build for them a better future and give them the tools necessary to build one for themselves. ESA is not the answer and it does not represent the values of Oklahomans. 

Thank you for your service to our community and thank your for your time in reading this email. I trust we can count on you to make the right decisions for our children. Our community looks to you for leadership, please don't let us down. 

Respectfully,

Scott Emigh
Editor-in-Chief
www.SanditePride.com

Senate gives passing grade to legislation for unruly students

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OKLAHOMA CITY – Legislation was approved late Wednesday to give local school boards an alternative to suspension and expulsion to keep unruly students in the classroom. Sen. Ron Sharp is the author of Senate Bill 911 to allow school boards to create a policy where teachers can assign community service for those students who misbehave rather than suspending or expelling them.

“Having been a teacher for 38 years, I know that suspension and expulsion only hurts a student further academically. It does nothing to address the child’s discipline problems and it typically puts the student further behind in their studies because they don’t do their work when they’re at home,” said Sharp, R-Shawnee. “We need to find an alternative that keeps students who misbehave in the classroom but still holds them accountable for their actions.  Community service is a great solution.”

Sharp worked with the Professional Oklahoma Educators (POE); the American Federation of Teachers (AFT); and the Oklahoma Education Association (OEA) in drafting the legislation.
SB 911 would allow local boards of education to have the option of adopting a system that requires students to perform community service for violating the district’s behavioral policy.  
The measure passed 32-13 with those opposed raising concerns about students doing community service as a punishment. Sharp noted that good students who do not misbehave are required to do community service for many things.

“I was puzzled by some of the debate against this bill. Good, responsible students are required to do community service for the Boy/Girls Scouts and other community organizations as well as to apply for scholarships and other awards. Many do community service simply because they want to help others and be involved in their communities,” said Sharp. “I was disappointed in the debate suggesting that making unruly students do community service was somehow ‘child labor’ or a sign of ‘criminal behavior’.  Educators simply want an alternative to keep these students in the classroom while teaching them respect and to take responsibility for their actions. They’re obviously not learning how to follow the rules at home and when they’re adults if they don’t follow the rules, they’ll be facing more serious consequences than community service.”

The bill now moves to the House for further consideration. 

Senate approves tax refund donation for indigent veteran burials

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OKLAHOMA CITY – There are currently estimated to be over 300 homeless veterans in Oklahoma. The Oklahoma Funeral Directors Association says that statewide they bury approximately 25 indigent veterans each year and absorb the costs of the funerals. On Wednesday, the Senate unanimously approved Senate 1134, by Sen. Frank Simpson, which would provide a funding mechanism for the Oklahoma Department of Veterans Affairs’ (ODVA) Indigent Veteran Burial Program. 

“Our veterans served our nation honorably, sacrificing of themselves to help others. The least we can do as a society is to ensure that they are honorably laid to rest with dignity,” said Simpson, R-Springer. “This bill will allow citizens and businesses to donate a portion or all of their income refund to this burial program to help our indigent veterans.”

Under SB 1134, each state individual income tax return form and each state corporate tax return form for tax years beginning after Dec. 31, 2016, would contain a provision to allow a donation from a tax refund for the benefit of ODVA’s Indigent Veteran Burial Program. A revolving fund would be created in the State Treasury for the program. 

The measure would also allow donations to be received from private individuals, veteran’s organizations, charitable groups and any other entities wishing to make donations directly to the fund.

The ODVA would be able to use the funds to reimburse cemeteries or funeral homes for costs associated with burying indigent veterans. 

SB 1134 is a companion bill to SB 398, which was introduced last session and is awaiting further consideration in the General Conference Committee on Appropriations. SB 398 seeks to create the Indigent Veteran Burial Program.

SB 1134 will next be heard in the House. 

Senate approves measure for statewide vote on modernizing Oklahoma beer and wine sales

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The full Senate has given approval to a measure allowing Oklahomans to decide whether to modernize state laws on beer and wine sales.  Senate Joint Resolution 68, by Sen. Clark Jolley and co-authored by Sen. Stephanie Bice, would let voters make the constitutional changes necessary to allow the sale of wine and strong beer in grocery stores. 

“This is the culmination of months of meetings with all the stakeholders.We’ve had a lot of hard conversations with everyone involved,” said Jolley, R-Edmond. “The very nature of most complex issues is that no one person or entity will get everything exactly the way they want it.  But Oklahomans from across the state are frustrated with outdated laws on beer and wine sales. Our goal is to make sure it is a comprehensive approach, addressing the changes needed in both the constitution and in the statutes.”

Senate President Pro Tempore Brian Bingman is also a co-author of SJR 68.

“This bill gives Oklahomans what they have sought for years: the opportunity to modernize our state’s alcohol laws and bring us in line with practically all other states. If approved by the voters, this measure introduces more options and choice for consumers and will spur growth and economic development in the industry. I appreciate Senators Jolley and Bice for their determined work in guiding this measure through the process.”

While SJR 68 would allow voters to make the constitutional changes necessary, Sen. Stephanie Bice is principal author of Senate Bill 383, co-authored by Jolley, which would make the statutory changes needed to modernize Oklahoma laws on beer and wine sales.

“Compromise does not come easily, but Oklahoma citizens have spoken loud and clear. They’re tired of living under laws they see as a throw-back to prohibition, something that ended in our state nearly 57 years ago—they want the same consumer choices people in most other states already enjoy,” said Bice, R- Oklahoma City. “Combined, SJR 68 and SB 383 will help us thoroughly address all the changes necessary to make sure that happens.”

SJR 68 now moves to the House of Representatives for further consideration. 

Senators Jolley and Bice respond to Oklahoma Retail Liquor Association’s filing of SQ 785

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Late Tuesday, the Oklahoma Retail Liquor Association (RLAO) filed paperwork with the Oklahoma Secretary of State that would place a question on the ballot in November to allow full-strength beer in grocery stores and convenience stores, but virtually eliminate grocery stores’ ability to obtain wine licenses.  In addition, wine would not be sold in convenience stores under their proposal.

“Unfortunately, SQ 785 doesn’t fully encompass the issues most important to consumers,” said Sen. Clark Jolley.  “With no provision for wine to be sold in convenience stores and substantial limits on licensing of grocery stores, this measure is exclusionary and protectionist.  By restricting a new wine license from being issued within 2500 feet of an existing liquor store, it virtually guarantees no metropolitan grocery stores would be allowed to carry wine, which is clearly something Oklahomans are demanding.”

“As legislators, our goal in modernizing the laws dealing with Oklahoma alcohol sales is to include all invested parties in the discussion, which is why we’re addressing the issue by working through the legislative process and not through a single voice at the table,” said Sen. Stephanie Bice.  “RLAO has been included in the modernization discussions, but doesn’t approve of the direction, so they have chosen to try and limit the options of Oklahomans.  We believe the two bills currently under consideration by the Legislature this session, SJR 68 and SB383, provide the best opportunity to establish true and meaningful reform.  To exclude one component such as the availability of wine in convenience stores and place limits on grocery stores undermines the modern, comprehensive approach we are committed to uphold through this process.”

Senator Clark Jolley and Senator Stephanie Bice are Republicans from Edmond.

Bill strengthening domestic violence law heads to full Senate

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A bill that could potentially save the lives of domestic violence victims has won approval by the Senate Appropriations Committee and is headed to the full Senate for a vote.  Senate Bill 1491, by Senator Bryce Marlatt said his legislation deals with how many prior convictions of domestic violence are required to establish a pattern of physical abuse.

“Under current law, an individual would have to be convicted of domestic violence three times in 12 months before the legal definition of a pattern of physical abuse is met,” said Marlatt, R-Woodward.  “But this is a crime that escalates. The potential for death increases exponentially with every incident.  That fourth time may be the last time it happens, because it could be a domestic homicide.  We need to do something to stop domestic violence offenders sooner, and that’s what my bill would do.”

Under Marlatt’s legislation, two convictions would establish a pattern of physical abuse, which is punishable by up to 10 years in prison or a fine of up to $5,000, or both.  As amended in committee, the legislation would remove the stipulation that the incidents must have taken place within the previous 12 months.

“The numbers show us this is a terrible problem. Oklahoma is ranked third in the nation for women killed by men in domestic violence situations.  One-third of all women murdered in our state are killed by their husbands.  Forty-one percent of all homicides in Oklahoma are linked to domestic violence,” Marlatt said.  “One third of all police time is spent responding to domestic violence calls.  Strengthening this law will help Oklahoma better address the crime of domestic violence.”

Sen. Holt’s “revenge porn” bill headed to Senate floor

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The full Senate Appropriations Committee has approved Senator David Holt’s legislation to make “revenge porn” against the law in Oklahoma.  Senate Bill 1257 will now advance to consideration on the Senate floor.  Approved Wednesday on a vote of 37 to 1, the measure criminalizes the dissemination of non-consensual pornography, sometimes known as “revenge porn.”  

“Non-consensual pornography is a destructive act that especially targets women, and it should be a crime,” said Holt, R-Oklahoma City. “Our statutes often don’t contemplate modern life, and this is one of those situations. I am grateful that so far my colleagues agree."

SB 1257 provides that a person commits a crime when they intentionally disseminate an image of another identifiable person who is engaged in a sexual act or is nude; they obtained the image under circumstances that would lead a reasonable person to know that the image was private; and they knew or should have known that the dissemination was nonconsensual. It exempts disseminations related to law enforcement investigations or when the exposure or sexual act was committed in public or in a commercial setting. The first offense would be a misdemeanor and the second offense would be a felony.

SB 1257 must be considered on the Senate floor by March 10.

Sen. Mazzei issues statement on Finance Committee passage of SB 1073

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Sen. Mike Mazzei issued the following statement after Tuesday’s vote by the Senate Finance Committee approving SB 1073, a measure that would delay the reduction of the state income tax top rate from 5.25 to 5 percent and eliminates “double-dipping,” which is the itemized deduction for state and local taxes.

“Since 2004, when I first came to the Senate, we’ve reduced taxes by about $1.5 billion, thanks to a 25 percent drop in the top income tax rate, the elimination of estate taxes, the increase in the standard deduction, higher exemptions for retirement income, fewer companies subjected to the franchise tax, and the 100 percent exemption for military.

“The fact is the bench mark of $6.9 billion to lower the income tax rate from 5.25 to 5 percent was never actually achieved, because the trigger was based on the December certification, not the final certification in February the Legislature must use for writing the budget.  The General Revenue Fund is now more than $1 billion below the bench mark. Furthermore, you can’t continually decrease taxes and also increase special interest tax breaks—these have ballooned to $2 billion, making the current financial situation much worse.  It is unwise to lower the income tax rate in this environment.

“We are facing a shortfall of $1.3 billion.  If we don’t delay this reduction and adopt other reforms, education funding, which makes up some 50 percent of the budget, will have to be cut by approximately $400 million.  Other core services will also be slashed.  Ultimately everyone in the state will be negatively impacted.

“As a fiscal conservative, I would much rather delay a tax cut than vote to increase taxes and start new taxes,” –Senate Finance Chairman Mike Mazzei, R-Tulsa.

Senate honors Cherokee Nation

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Oklahoma State Senate honors Cherokee Nation. (Left to right) Senate Minority Leader John Sparks, Senate President Pro Tempore Brian Bingman, Victoria Vazquez, Deputy Speaker of the Tribal Council, Deputy Principal Chief S. Joe Crittenden, Miss Cherokee Ja-Li-Si Pittman, Principal Chief Bill John Baker, Little Cherokee Ambassadors Nathan Lowrey, Max Purget, Maysi Fields, Logan Dreadfulwater, Kashyah Teehee and Jr. Miss Cherokee Madison Whitekiller listen as a Senate Citation honoring the Cherokee Nation is read in the Senate Chamber.

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Tuesday marked Cherokee Nation Day at the Capitol, and representatives of the tribe were honored on the floor of the Senate.  The Cherokee Nation is the largest federally recognized tribe in Oklahoma and in the United States.  Senate President Pro Tempore Brian Bingman presented a Citation of Congratulations, co-authored by Minority Leader John Sparks, on behalf of the chamber.  Both Bingman and Sparks are citizens of the Cherokee Nation.

“The Cherokee Nation, its culture, and language, are all part of Oklahoma’s identity as a state—we’re partners and we value the cultural and economic contributions the Nation and its citizens make,” said Bingman, R-Sapulpa.  “It’s always a pleasure to welcome representatives of the tribe to the Oklahoma State Senate.”

Cherokee Nation Principal Chief Bill John Baker asked all the Cherokees in the Chamber to stand, which included many guests in the visitors’ gallery as well as several senators on the floor who are also members of the tribe. 

"It's important for the Cherokee Nation to maintain our visibility and presence at the State Capitol, to better protect the interests of our sovereign nation. We are here today advocating for core services including education, health care and infrastructure enhancement," Baker said.

Other tribal officials welcomed to the floor included Deputy Principal Chief S. Joe Crittenden, Tribal Council Deputy Speaker Victoria Vazquez, Miss Cherokee Ja-Li-Si Pittman, Jr. Miss Cherokee, Madison Whitekiller, and several youth ambassadors.

“The Cherokee Nation has thrived, culturally and economically, creating jobs and partnering with local cities for projects that benefit all Oklahomans,” said Sparks, D-Norman.  “It’s an honor to welcome Chief Baker and everyone to the Capitol and acknowledge the Cherokee Nation’s importance to our state’s past and our future.”

Sen. Kyle Loveless’ statement on the Personal Asset Protection Act

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“It is unfortunate the Personal Asset Protection Act was not given a fair hearing in the Senate Judiciary Committee. Oklahomans of all walks of life and political ideologies support civil asset forfeiture reform. However, Chairman Sykes did not think their voice should count in the political process. I am disappointed but not discouraged.  I am resolute and will work to make sure real reforms are put in to place to protect the private property of Oklahomans.

“Our nation was founded to protect life, liberty and property equally and no chairman’s gavel can change that. Oklahoma’s current civil asset forfeiture laws are an affront to this principle. I ran for the state Senate to reduce government overreach and to stand up for everyday Oklahomans—I will continue this fight.

“Instead of hearing the Personal Asset Protection Act, the judiciary committee Tuesday took a modest step toward reform. SB 1113, which allows a citizen to receive attorney’s fees if they successfully contest a forfeiture, passed out of committee unanimously with no questions and no debate.

“However, this bill doesn’t go nearly far enough in correcting the major issues with Oklahoma’s civil asset forfeiture laws. The bill will still allow for private property to be forfeited without a criminal conviction, has no reporting or transparency requirements and will continue to allow law enforcement agencies to keep the proceeds from each forfeiture they perform. 

“Oklahomans understand law enforcement has a tough job, but also understand our liberties are at stake. I will continue to fight for those liberties and look forward to working with the bill’s author to create a system that protects Oklahomans’ rights and private property.”

Kyle D. Loveless is a conservative Republican from South Oklahoma City. 

Senate Education Committee approves bill to eliminate ‘End of Instruction’ exams

The Senate Education Committee has given unanimous, bipartisan support to legislation to eliminate state-mandated End of Instruction exams (EOIs).  Under current law, high school students must pass four of seven EOIs in order to graduate from high school, even if they received passing grades in all required classes. 

Senator John Ford chairs the Education Committee, and is the author of Senate Bill 1170 which was approved on Monday.  He said eliminating the EOIs will save millions of dollars, and will help address the concern voiced by teachers, parents and students of too many required tests.  Under SB 1170, it would be up to each school district to certify that graduating high school students had mastered the curriculum requirements.

“One of the biggest complaints has been that teachers don’t have time to focus on teaching the curriculum because they’ve had to prepare students for too many high stakes tests,” Ford said.  “By eliminating the EOI exams, teachers and students can focus on the classes. This also ensures greater local control for the districts.”

Ford, who represents Nowata, Rogers and Washington Counties, said the State Board of Education would work with Higher Education and CareerTech to publish a list of approved assessments that would comply with the Every Student Succeeds Act and measure mastery of the state’s subject matter standards.  The state would pay for the exams. 

“Each district would choose which of those exams students would take by the end of their senior year.  It could be something like the Iowa Tests of Basic Skills, SAT, or the ACT, something most students already take, but currently, parents must pay for,” Ford said.  “This will save parents money, but because these standardized tests are much less expensive than developing exams specifically for just Oklahoma, taxpayers will also see a significant savings.”

The legislation now moves to the full Senate for further consideration.