News Stories For February 5, 2015 Author: OK Arts Council Date: 02/05/2015 Shawnee's Benjamin Myers Named Oklahoma State Poet Laureate (PRESS) The Oklahoma Arts Council has announced Governor Mary Fallins appointment of Dr. Benjamin Myers as Oklahomas State Poet Laureate for 2015-16. A literature professor at Oklahoma Baptist University in Shawnee, Myers is an award-winning author and scholar whose poems have appeared in prominent international journals. Governor Mary Fallin said, “Through his poetry, Dr. Benjamin Myers demonstrates a deep love and kinship to Oklahoma. His poetry about our state offers a nuanced view of our people, our land, and the values that we hold dear. I am delighted to select a talented scholar such as Dr. Myers, whose work has been published in renowned international journals, to serve as Oklahoma's State Poet Laureate. I am confident that his passion for Oklahoma will resonate with students and adults as he shares and fosters the art of poetry in communities throughout our state." Born and raised in central Oklahoma, Myers said he was honored and deeply moved when he learned of his appointment. “Oklahoma is more to me than just the place I live; it is my home, my homeland. The opportunity to combine my deep love for this land with my love for poetry is an opportunity I am very thankful for.” Myers is a frequent reviewer of works of contemporary poetry for “World Literature Today,” “Books and Culture,” and other journals. A Tennessee Williams Scholarship recipient, Myers has authored two books of poetry, “Lapse Americana” and “Elegy for Trains,” which won the 2011 Oklahoma Book Award for Poetry. “Poetry is good for the soul,” Myers said. “Without poetry, and without art in general, the soul lacks an essential part of its necessary diet.” The State Poet Laureate program is facilitated by the Oklahoma Arts Council on behalf of the governor. The Oklahoma Arts Council works with the State Poet Laureate to coordinate activities and appearances in communities throughout the state. Tracked Bills Related To Story: None 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 1 News Stories For February 5, 2015 Author: Shawn Ashley Date: 02/05/2015 Senate adopts one resolution (eCap) The Senate completed its first full week of work Thursday by adopting one resolution. SR0008, by Sen. A J Griffin, R-Guthrie, was adopted unanimously. The resolution congratulates the Perry High School Marching Band for being named 2A State Champions. Before adjourning for the day, Senate Floor Leader Mike Schulz, R-Altus, reminded members that they needed to get House authors for their bills before the measures could be heard on the floor. During prior years, Schulz explained, bills needed sponsors from the opposite chamber before they could be heard in committee. The change was part of new Senate Rules adopted Jan. 6, he said. The Senate will reconvene Monday at 1:30 p.m. Tracked Bills Related To Story: None 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 2 News Stories For February 5, 2015 Author: Cynthia Santos Date: 02/05/2015 Senate Veterans, Military Affairs Committee approves mental health program for vets (eCap) The Senate Veterans and Military Affairs Committee held their first meeting to discuss 14 pieces of legislation Thursday. SB0713, by Sen. Frank Simpson, R-Ardmore and Rep. Pat Ownbey, R-Ardmore, received the most attention from the committee. The bill allows the Department of Mental Health and Substance Abuse Services (ODMHSAS) to facilitate the development of seven peer-supported, drop-in centers for serving Oklahoma veterans. Committee member Sen. Larry Boggs, R-Wilburton, cautioned Simpson about having a mental health label on these centers. "Most of our veterans are real apprehensive about being tied to mental health problems and I want you to understand that we need some focus on getting them comfortable with that or we're going to lose a lot of vets," he said. Simpson said he had some of those same concerns, but the agencies providing the services will give the facilities a different face. "Its not going to say Oklahoma Department of Mental Health. It will be labeled, advertised and have the focus of an outreach for veterans. The funding may flow through Mental Health but the focus is going to be on what we have to do to reach out to veterans," said Simpson. Simpson said this would be the best mechanism to provide services to underserved veterans. We know that unfortunately the federal VA is not meeting the needs of many of our veterans and this is sort of a stop-gap that can help us at the state level and meet some of the needs of those veterans that have fallen through the VA crack and are not getting the care that they need," he said. "There's a serious lack of outreach and services to our female veterans in our state and our country and this is one way where we can help meet those needs." ODMHSAS Deputy Commissioner Steven Buck stated $1 million was allocated to fund an array of services for veterans, with these drop-in centers being one of the programs it would fund. Simpson said the Oklahoma Department of Veterans Affairs was reluctant to offer their services because they did not feel they had the "expertise to get this established and off the ground." The bill unanimously received a do pass recommendation from the committee. SB0366, by Sen. Clark Jolley, R-Oklahoma City and Rep. John Enns, R-Enid, creates the Oklahoma Veteran Housing Program Act and Revolving Fund. Jolly proposed an amendment for the bill stating, "The veteran may also apply for the special housing grant if he or she has previously exhausted their United States Department of Veterans Affairs specially adapted housing program benefits." The amendment was accepted by the committee and the bill received a do pass recommendation. SB0627, by Sen. Anastasia Pittman, D-Oklahoma City, extends certain exemptions to recipients of the Purple Heart. Simpson requested the bill be laid over to further examine its fiscal impact. Currently, the state keeps track of Purple Heart recipients through issuing Purple Heart license plates, said Simpson, though there are many recipients who have not applied to receive the license plate. The number of issued plates is approximately 1,500 individuals, he said. Simpson stated that the fiscal impact for those registered individuals would be approximately $3 million in total sales tax impact on the state. The following bills were also laid over: SB0138, by Sen. Corey Brooks, R-Washington, allows students to be eligible for in-state status regardless of the residency of the student if he or she is eligible for benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or other federal law authorizing educational benefits for veterans or is the spouse or child 25 years of age or younger of someone receiving those benefits. It expands references to "child" include stepchild. It provides for a student to be eligible for resident tuition to file with the institution within The Oklahoma State System of Higher Education which the student intends to register a letter of intent to establish residence in this state and reside in this state while enrolled in the institution. It also requires that they satisfy admission and retention standards for the institution, have secured admission to and enrolled in a full-time or part-time program of study, be enrolled in a program of study leading to an associate o baccalaureate degree and be continuously enrolled in the program of study. The bill requires the State Regents for Higher Education to implement necessary rules. SB0224, by Simpson and Rep. Dustin Roberts, R-Durant, modifies the requirements of the Oklahoma Strategic Military Planning Commission to include a member of the Oklahoma Army and Air National Guard facilities. The bill modifies the purpose of the commission. The bill grants permission to the Commission to disperse monies from the Commission Incentive Fund to disperse funds to eligible local communities. 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 3 News Stories For February 5, 2015 The following bills received a do pass recommendation from the committee members without discussion or debate: SB0115, by Simpson, broadens the definition of employer as it relates to medical foster homes to include any facility approved and annually reviewed by the United States Department of Veterans Affairs as a medical foster home in which care is provided exclusively to three or fewer veterans. SB0142, by Simpson, prevents Oklahoma Air and National Guard lands, properties, buildings, funds or revenue from being applicable to long-range capital planning. SB0201, by Simpson, creates the Oklahoma Veterans Small Business Loan Act. The bill authorizes the State Director of Commerce jointly with the State Director of the Oklahoma Small Business Centers to develop a veteran small business loan program to create interest-free loans of up to $20,000 to recently separated veterans. The bill outlines all requirements for eligibility. The bill creates the Veteran Business Loan Revolving Fund. SB0206, by Simpson, and Rep. Dustin Roberts, R-Durant, modifies language related to the National Guard Relief Program, limiting the scope of the program to financial support only. SB0207, by Sen. Nathan Dahm, R-Broken Arrow, repeals language related to disabled certificates, the Oklahoma Memorial Hospital, hospital lease, and the Oklahoma Union Soldiers Home. SB0223, by Simpson, and Rep. Dustin Roberts, R-Durant, modifies the authorized expenditures of the Adjutant General to include the sustainment, restoration and modernization of military facilities. The bill provides definitions for each term. SB0293, by Simpson, and Rep. Pat Ownbey, R-Ardmore, requires the Oklahoma Health Care Authority and the Department of Human services to, if a similar request was made in a different state, consider applications for services of active duty United States Armed Forces or an immediate family member from the date in which the individual has made the request in another state to be considered as if it had been made in this state at the time it was originally made in the other state. SB0398, by Simpson, and Rep. Dustin Roberts, R-Durant, establishes the STEMM trust fund to support science, technology, engineering, mathematics and medical education at the University of Oklahoma, Oklahoma State University and the Regional University System of Oklahoma and creates a Board of Investors for the fund. The bill would allow the fund to receive money through provisions of SJR14. The bill states the money in the fund will be divided as follows: 40 percent to the University of Oklahoma, 40 percent to Oklahoma State University and 20 percent to the Regional University System of Oklahoma. This bill outlines how the money from the fund may be spent. The bill establishes the Oklahoma Building Bonds Higher Education Sinking Fund and directs how the State Treasurer may make deposits into the fund. This bill directs the Oklahoma Building Bonds Commission to do other duties as directed by the Legislature. SB0567, by Simpson, creates the Veterans Benefits Assistance Act. The bill provides for certain requirements for individuals providing assistance in applying for VA benefits. The bill requires the individual to provide a disclosure containing certain information and requires the form to be signed by all parties and retained for three years. The bill requires the Director of the Department of Veterans Affairs to establish procedures for processing complaints related to assistance regarding a claim for benefits and for accreditation violations. The exempts certain entities exempt from the provisions in the bill. Tracked Bills Related To Story: None 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 4 News Stories For February 5, 2015 Author: Shawn Ashley Date: 02/05/2015 Senate Public Safety Committee Okays Prisoner Nursing Home (eCap) The Senate Public Safety Committee gave its approval Thursday to a bill designed to reduce the number of aged prisoners in the Department of Corrections' custody. SB0578, by Sen. Wayne Shaw, received a do pass recommendation from the committee. The bill, Shaw explained, would help lead to the establishment of a secure nursing facility for prisoners. Such a facility currently does not exist, he said, and the older, often ailing inmates, remain in prison and cost the state additional money. SB0578 requires the Department of Corrections to initiate a request for proposal for a stand-alone long-term care facility for any incarcerated offender deemed by the DOC to be either critically or terminally ill. Shaw said he learned after an interim study that private companies would be interested in building such facilities. Once a prisoner is released from DOC custody, he added, they become eligible for Medicaid. Sen. Josh Brecheen, R-Coalgate, asked Department of Corrections officials whether it might be possible for an inmate to "fake" a condition in order to be placed in such a facility. DOC Division Manager for Health Services Eric Franklin said inmates are reevaluated throughout their incarceration and would continue to be under the proposed legislation. "If an inmate does not meet the conditions for a particular placement, they would be moved," said Franklin. Shaw said it is difficult, if not impossible, to place inmates, particularly sex offenders, in nursing homes. "It would be of great benefit to the taxpayers to find a way with deal with the aging prison population safely and securely," said Terri Watkins, communications director for DOC, said. The bill received a do pass recommendation with its title stricken. The following bills received do pass recommendations from the committee: • SB0011, by Sen. Don Barrington, R-Lawton, adds to the powers, duties and responsibilities of the Oklahoma State Bureau of Investigations' director. The bill permits the director to enter into local cooperative agreements with local law enforcement agencies for the purpose of appointing affiliate task force agents to assist the bureau in the investigation of major crimes under its jurisdiction. The bill requires affiliate task force agents to be employees and commissioned law enforcement officers of the local law enforcement agency entering into agreement with the bureau and not be employees of the bureau. The bill provides affiliate task force agents will have general peace officer powers and the authority to arrest persons throughout the state while serving as an affiliate task force agent. It also establishes that affiliate task force agents will serve solely at the discretion and will of the OSBI director and permits the director to renew, suspend or revoke any agreement appointing an affiliate task force agent at any time. • SB0038, by Shaw, modifies the conditions under which the Department of Corrections director may recommend an offender for medical parole by changing the requirement that an inmate no longer be a threat to public safety to that inmate no longer be "an unreasonable" threat. The bill also provides the parolee will be subject to parole revocation in the event it is determined that changes in their medical condition or for other reasons that the continuation of the medical parole presents an increased risk to the public. The bill requires the Department of Corrections to follow the statutory procedures for the revocation of parole. • SB0039, with title stricken, by Sen. Mark Allen, R-Spiro and Rep. John Enns, R-Enid, modifies the penalty for damaging or tampering with certain vehicles or implements of husbandry. The bill sets the penalty at a misdemeanor if the injury or damage causes a loss which has an aggregate value of $1,000 or less by a fine not to exceed $5,000, imprisonment in the county jail for not more than one year or both; a felony if the injury or damage causes a loss which has an aggregate value of more than $1,000 but less than $25,000 by a fine not to exceed $5,000, imprisonment in the custody of the Department of Corrections for not more than five years or both; a felony if the injury or damage causes a loss which has an aggregate value of more than $25,000 a fine not to exceed $10,000, imprisonment in the custody of the Department of Corrections for not more than 10 years, or by both; and a felony if the person has two or more prior convictions for the offense regardless of the value of the loss, punishable by a fine not to exceed $5,0000, imprisonment in the custody of the Department of Corrections for a term of not more than five years or by both fine and imprisonment. • SB0041, with title stricken, by Sen. Jack Fry, R-Midwest City, modifies the definition of "pistols" to include discharging a "series of projectiles." The bill changes the reference from "pistol" to "weapon" in the statue concerning physical or deadly force against an intruder. • SB0054, as amended by Sen. Kimberly David, R-Porter, adds Probation and Parole officers or Internal Affairs agents of the Department of Corrections to the list of individuals entitled to receive on retirement by reason of length of service the sidearm and badge carried as officer, investigator, or agent immediately prior to retirement. The bill 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 5 News Stories For February 5, 2015 also removes those officers from the list entitled to retain only their badges upon retirement. The amendment, by David, adds law enforcement officers of the Grand River Dam Authority to the list of t hose allowed to keep their sidearm and badge. • SB0055, by David, modifies language related to assault and battery upon a law enforcement officer. The bill provides that assault and battery upon law officers includes any attempt to reach for or gain control of the firearm of any police officer, sheriff, deputy sheriff, highway patrol, corrections personnel or any peace officer employed by any state or federal governmental agency to enforce state laws. The bill provides that the language does not supersede any other act or acts, but will considered be cumulative. The bill also provides that aggravated assault and battery upon law officers includes physical contact with and in attempt to gain control of the firearm of any police officer, sheriff, deputy sheriff, highway patrolman, corrections or any peace officer employed by any state or federal governmental agency to enforce state laws. • SB0070, by Sen. Marty Quinn, R-Claremore and Rep. Pat Ownbey, R-Ardmore, modifies language related to the Oklahoma Reward System. The bill requires the person eligible for a reward to have given valuable information that materially assists in the investigation of the commission or attempted commission of a crime rather than resulting in the arrest and conviction of a person accused of the commission or attempted commission of a crime. • SB0116, with title stricken, by Barrington, amends the responsibilities of the Department of Corrections regarding the housing of inmates in county jail. It holds DOC responsible for the costs of housing the inmate in the county jail from the date the judgment and sentence is received by the department until the date the inmate is scheduled to be transferred to DOC. It frees DOC from any costs incurred beyond the date scheduled by the department. It adds that in the event the inmate has one or more criminal charges pending in the same Oklahoma jurisdiction and the county jail does not transfer the offender to the Department because of any pending charge, the Department shall not be responsible for the housing costs of the inmate while the inmate remains in the county jail with pending charges. The bill also deletes obsolete language related to jail reimbursement rates. • SB0134, by Sen. Corey Brooks, R-Washington, allows an OHP officer, upon retirement, to purchase the shotgun or riffle issued to them at the original price paid for the firearm. • SB0178, with title stricken, by Sen. Brian Crain, R-Tulsa, prohibits consumption, possession, purchase of any intoxicating beverage and entry into places that sale intoxicating beverages by juveniles. • SB0255, by Barrington, defines the term autocycle and requires autocycles to be registered as a motor vehicle. The bill states the operator of an autocycle shall not be required to have an "M" endorsement on the Class D license. • SB0362, with title stricken, by Sen. Nathan Dahm, R-Broken Arrow, allows a person to record the activity of law enforcement in a public area, as long as the recording does not impede the agent in his or her duties. The bill establishes that the person recording assumes all risks inherent to the circumstances present at the time. The bill releases the state or relevant political subdivision from liability unless the loss was sustained from negligent affirmative act of law enforcement. • SB0412, by Sen. Rick Brinkley, R-Owasso, modifies language and definitions as well widening the scope of what offenses are constituted as violent crimes. • SB0453, by Sen. Marty Quinn, R-Claremore, removes language that permits the Department of Public Safety to disregard a report of a conversion unless a warrant has been issued for the arrest of a person charged with the conversion. The bill requires the department to consider the vehicle to be stolen or converted if the person last known to be in possession of the vehicle fails, refuses or neglects to return the vehicle to the owner or lienholder in violation of any lawful court order. • SB0526, with title stricken, by Sen. Ralph Shortey, R-Oklahoma City, allows officers who complete continuing education training in excess of the required 25 hours in a calendar year to carry the additional training hours forward for one calendar year to count towards the training required in that year. The committee substitute for SB0140 received a do pass recommendation with its title stricken. The bill, by Sen. Robert Standridge, R-Norman, adds designated employees of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control to the list of those who can access certain investigative information. The committee substitute further clarified the employees who can access the investigative information. The following bills were laid over Thursday: • SB0090, by Sen. Gary Michael Stanislawski, R-Tulsa, permits agencies authorized by statute to conduct national criminal history background checks for individuals to participate in the Federal Rap Back Program administered by the Oklahoma State Bureau of Investigation. It authorizes the OSBI to collect all Federal Rap Back Program fees from eligible agencies wishing to participate and remit such fees to the Federal Bureau of Investigation. • SB0164, by Stanislawski, modifies language related to mandatory preclusions for handgun licenses. The bill provides the preclusive period for a misdemeanor conviction related to illegal drug use or possession will be 10 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 6 News Stories For February 5, 2015 years from the date of completion of a sentence. It establishes that "date of completion of a sentence" means the day an offender completes all incarceration, probation, and parole pertaining to such sentence. • SB0183, by Sen. Mike Schulz, R-Altus, adds operating a commercial motor vehicle while using a hand-held mobile telephone to the list of "serious traffic offenses," for which for which the Department of Public Safety may disqualify a person from operating a Class A, B or C commercial motor vehicle for 60 days after receiving a record of a second conviction of the person within a three-year period. The bill increases the penalties for violating an out of service order to 180 days from 90 days for a first conviction and to two years from one year for a second conviction within ten 10 years for violating an out-of-service order. The bill makes it unlawful to using a hand-held mobile telephone while operating a commercial motor vehicle. The bill defines "operate." • SB0390, by Sen. Dan Newberry, R-Tulsa, states piston displacement on a motorcycle driven by someone with a restricted Class D license with a motorcycle-only restriction should not exceed 300 centimeters. • SB0490, by Sen. Ralph Shortey, R-Oklahoma City, establishes a maximum speed of 80 miles per hour on state turnpikes. • SB0637, by Sen. Greg Treat, R-Oklahoma City, adds where the victim is at least 16 years of age and less than 19 years of age and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a person who resides in the same household as the victim and who is 18 years of age or older and is a foster parent, foster parent applicant or other household member of the foster parent or foster parent applicant to the definition of the term "rape." Tracked Bills Related To Story: None 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 7 News Stories For February 5, 2015 Author: Christie Southern Date: 02/05/2015 House wraps up first week of session (eCap) The House met briefly Thursday morning wrapping up floor business for the first week of session and approving one resolution before moving onto committee meetings. The House unanimously adopted HR1003, by Rep. Lee Denney, R-Cushing, which proclaims Feb. 6 as Wear Red Day in recognition of the importance of the ongoing fight against heart disease and stroke in women. Representatives from the Oklahoma Heart Association were recognized on the House floor in recognition of the House resolution. The House will reconvene Monday at 1:30 p.m. Tracked Bills Related To Story: None 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 8 News Stories For February 5, 2015 Author: Christie Southern Date: 02/05/2015 House Public Safety discusses the sale of illegal tires (eCap) The House Public Safety committee held its first meeting Thursday morning where members approved four measures and laid over half of their agenda. Only one bill received some discussion and debate, HB1082, by Rep. Pat Ownbey, R-Ardmore. The CS for HB1082 prohibits the sale or offer for sale of any tire to a consumer for use on a public roadway that has a thread depth less than two thirty-seconds of an inch or of a tire that is in unsafe operating condition. Ownbey explained his bill would make it illegal to sell the tires for roadway use. A previous version of his bill did not specify roadway use as a condition. The use of these tires is already illegal under Oklahoma law, he said, but nothing prohibits individuals from selling these to consumers who may be unaware of the statute. "We wanted to make sure these tires were not being used on roadways, not to ensure they weren't sold," he said. Ownbey explained farmers and ranchers often use these types of tires for trailers and other equipment that is used on private property and his intent is not to prohibit that. The bill contains no enforcement mechanism which posed concerns for some committee members. "Enforcement used to happen during vehicle inspections but now we don't have that anymore and we need to make sure they're not selling those tires for roadway use," Ownbey told lawmakers. Still, some members felt the bill lacked real consequence and while it may protect the consumer, it put the responsibility and liability on the seller. "I am at a loss as to why we are passing this if it is already illegal and we have no way to enforce it," said Rep. Kevin Matthews, D-Tulsa. Matthews said the bill had unintended consequences in its current form. "This bill aims straight at the used tire dealer," said Rep. Dennis Johnson, R-Duncan, in debate against the measure. "I would contend the tire dealer would have no way of knowing how that tire will be used. I think this puts undue burden on the tire dealer and I would encourage you to vote no." Ownbey acknowledged the faults with enforcement and said hed be willing to work with Matthews on different language. A similar bill is also being carried in the Senate, he said. "I know it's an interesting bill but a key function of government is public safety," Ownbey said in defense. "Why would we allow stores to sell these tires when it is already illegal to drive them on Oklahoma roadways? We had this taken care of with auto inspections now we have no way to know at all. Tires at these levels pose safety risk which could cause a tire to fail resulting in serious injury or death. It's common sense-if its illegal to be on the roadway it should be illegal to sell them as well." The bill was recommended out of committee on a do pass motion with a vote of 7 to 4. The following bills also received a do pass recommendation from the committee: • HB1276, by Rep. Josh Cockroft, R-Tecumseh, clarifies language related to explosives. The bill adds the transportation of explosive devices and incendiary materials; teaching or demonstrating the use of explosive devices or incendiary materials, conspiring to place explosive devices or incendiary materials and the use of explosive devices or incendiary materials to commit certain acts to the list of prohibited acts. The bill defines applicable terms. • HB1406, by Rep. John Pfeiffer, R-Mulhall, repeals a statute relating to fire-resistant insulation materials. • HB1717, by Rep. Doug Cox, R-Grove, entitles any law enforcement officer of the district to receive, upon retirement, the continued custody and possession of the sidearm, badge and vest carried prior to retirement. The bill allows the General Manager of the district to the sidearm, badge and vest to the spouse, or next-of-kin, of any officer killed in the line of duty. Four bills were laid over by the committee: • HB1030, by Rep. Lisa J. Billy, R-Purcell, requires, in place of permits, anyone with a valid firearm license from another state to apply for an Oklahoma handgun license within one year of establishing a residence in the state. The bill provides that the other state's handgun license will no longer be valid in Oklahoma once the person has established residency and has been issued a handgun license under the Oklahoma Self-Defense Act. • HB1382, by Rep. Dan Fisher, R-El Reno, allows all property, including but not limited to money, used in violation of the Oklahoma Antiterrorism Act to civil forfeiture to the state. A person who is injured, other than the offender, in a violation of the act, as well as a law enforcement agency that participated in its investigation or mitigation, will be allowed to file a claim for costs or damages in which the forfeited property shall cover the costs of the claim. It states how the proceeds will be divided among claimants. The bill outlines specific scenarios in which the property can be claimed by law enforcement without a court order. This bill allows a person injured in violation of the act to file for damages against the offender. It states a person who files such an action is entitled to recover three times the 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 9 News Stories For February 5, 2015 actual damages sustained or $10,000, whichever is greater. • HB1860, by Rep. Harold Wright, R-Weatherford, authorizes the submission of notarized affidavit in purposes related to the issuance of driver licenses. • HB2153, by Rep. Jon Echols, R-Oklahoma City, establishes a biometric identification religious exemption for persons applying for a driver license and provides a sample text for the application. It exempts any applicant for a driver license or identification card who has signed the biometric identification religious from supplying biometric data to the Department of Public Safety. It directs the department to comply with photo resolution provisions for any existing facial image, if present, that is to be used for such issuance of a driver license or identification card and requires the image to be permanently deleted from the database after printing the document. It directs DPS to cease collecting, retaining or disclosing biometric data, biometric samples or biometric templates from and making biometric comparisons of an applicant who has signed the biometric identification religious exemption. It establishes procedures for storing facial images of persons who have signed the exemption. The bill also provides instances when the department is allowed to disclose the facial image of a person who has signed an exemption form. The bill also repeals language related to the legislative findings under the Oklahoma Nonparticipation in Implementation of Real ID Act of 2005 Tracked Bills Related To Story: None 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 10 News Stories For February 5, 2015 Author: State Treasurer Date: 02/05/2015 Gross Receipts to the Treasury Grow in January (PRESS)Miller said two components of gross receipts entered new territory during the first month of 2015 with record highs set for sales tax collections and total gross receipts in a January. Total receipts last month brought in more than in any other January,” he said. “Also, Oklahomans spent at record levels during the past month, due, in part, to increased purchasing power from lower gasoline prices. January sales tax collections, from purchases made between mid-December and mid-January, generated almost $406 million – up by more than seven percent from last January. The previous high was set in January 2014 with just over $378 million. Total gross collections during the month were $1.13 billion, topping the previous January high set last year by almost $66 million or 6.1 percent. In spite of the strong bottom line, three components of gross receipts fell short of prior year collections. Gross production taxes on oil and natural gas dropped by almost $8 million, or more than 12 percent, compared to the prior year. Personal income tax collections were down by about $3 million or just less than one percent from last January, and motor vehicle collections slipped below the prior year by $2.4 million or 3.4 percent. As expected, less money is coming in from gross production,” Miller said. “January collections reflect oil field activity from November, when prices were dropping steeply. In the past 21 months, gross production collections have dipped below the same month of the prior year only two times, both within the last three months. Gross receipts from the past 12 months total $12.08 billion and are $571 million or five percent higher than during the prior 12 months. Oklahoma December unemployment rate is set at 4.2 percent. That compares to a national rate of 5.6 percent. The January Business Conditions Index for Oklahoma points to continued growth in the state economy during the next three to six months, but at a slower pace than what was indicated in December. The January survey shows Oklahoma with a rating of 52, compared to December rate of 54. Numbers above 50 indicate anticipated economic expansion. January collections The revenue report for January shows gross collections at $1.13 billion, up $65.57 million or 6.1 percent from January 2014. Gross income tax collections, a combination of personal and corporate income taxes, generated $450.15 million, an increase of $34.98 million or 8.4 percent from the previous January. Personal income tax collections for the month are $374.18 million, down $3.02 million or 0.8 percent from the prior year. Corporate collections are $75.96 million, an increase of $38 or 100.1 percent. Wide variances in monthly corporate collections are not uncommon. Sales tax collections, including remittances on behalf of cities and counties, total $405.84 million in January. That is $27.51 million or 7.3 percent above January 2014. Gross production taxes on oil and natural gas generated $55.8 million in January, a decrease of $7.92 million or 12.4 percent from last January. Compared to December reports, gross production collections are down by $16.28 million or 22.6 percent. Motor vehicle taxes produced $68.51 million, down by $2.38 million or 3.4 percent from the prior year. Other collections, consisting of about 60 different sources including taxes on fuel, tobacco, and alcoholic beverages, produced $153.9 million during the month. That is $13.38 million or 9.5 percent more than last January. Twelve-month collections Between February 2014 and January 2015, gross revenue totals $12.08 billion. That is $571.04 million or five percent higher than collections from the previous 12-month period. Gross income taxes generated $4.3 billion for the period, reflecting an increase of $175.32 million or 4.3 percent from the prior 12 months. Personal income tax collections total $3.72 billion, up by $177.58 million or five percent from the February 2013 to 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 11 News Stories For February 5, 2015 January 2014 period. Corporate collections are $577.57 million for the period, a decrease of $2.27 million or 0.4 percent over the previous 12 months. Sales taxes for the period generated $4.48 billion, an increase of $198.94 million or 4.6 percent from the prior 12 months. Oil and gas gross production tax collections brought in $875.9 million during the 12 months, up by $74.72 million or 9.3 percent from the previous period. Motor vehicle collections total $775.48 million for the period. This is an increase of $36.56 million or 4.9 percent from the trailing 12 months. Other sources generated $1.65 billion, up $85.5 million or 5.5 percent from the previous 12 months. Tracked Bills Related To Story: None 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 12 News Stories For February 5, 2015 Author: Ben Luschen Date: 02/05/2015 Corporation Commission says funding is not adequate for its duties (eCap) Corporation Commissioner Dana Murphy said Thursday that while more duties have been stacked on her agencys plate, their state appropriated dollars have been shrinking. The Corporation Commission was just one of nine state agencies that attended a joint meeting of the House and Senate appropriation and budget natural resources committees. Murphy and her commission is requesting $11,697,709 in appropriations for fiscal year 2016. They received $10,775,325 in FY2015. Murphy said the Corporation Commission is about the equivalent of four or five agencies in one, with duties related to transportation, oil and gas, petroleum storage and public utilities. She said during her seven years as corporation commissioner she has never seen authority taken from the agency, only added. Functions of the committee now include setting nonconsensual towing rates, decommissioning wind farms and enforcement authority on pipelines and third-party excavators. Going forward, she said, they will also have to focus more on seismicity. The agency is currently monitoring pressures and volumes at 385 dry-injection wells in more than 40 areas of interest throughout the state. Murphy said they have had to dedicate a few their own existing employees to this task exclusively. If their tracking responsibilities are increased in ways they believe they may be, she said they will have to monitor more than 1,000 wells, which would require more staffing. "We either need to be given the money and the manpower to manage the additional responsibilities that are given to us or we should not be given any more new responsibilities, and that's the real challenge," Murphy said. She said she would like to see her agency restored to at least the same level of funding they were at last year, though she has heard that the commission has already been proposed for a cut in funds. The Department of Tourism is requesting that its state appropriation is maintained at $20,654,161 for FY2016. Interim Director Claudia Conner said they have been successful in their agency utilizing partnerships with private entities as a means of alternative sources of funding. She also said at least one of their parks, Lake Murray State Park, is nearing full financial self-sufficiency. The park is fully self-sufficient, she said, and the lodge may be soon as well. "The lodge at Lake Murray, it was the worst of our state properties, I think," said Committee Chair Rep. Leslie Osborn, R-Mustang. "You did it with the money that was coming from underneath oil and gas revenues and I just want to give kudos because you're one of the few agencies that never asks for more money and you keep finding ways to do the public-private partnership." Travel and Tourism Division Director Dick Dutton said the agency's TV program, "Discover Oklahoma," is going through a transition period. The show was in the process of losing money for a while because they did not have rights to their entire block or air time and the commercials shown belonged to the televising network. Dutton said they now have started purchasing the full block of air time, which means they can air their own commercials. The Department of Commerce is also requesting that its funding is maintained for FY2016. Last fiscal year they received $28,234,482 in appropriations. A presentation by the department indicated that from January 2011 to December 2014, job growth in the state had grown 7.6 percent. From November 2014 to December 2014, jobs grew by 0.34 percent, comparable to other states in the region. By comparison, Texas increased by 0.38 percent in that time. The agency is projecting 7,466 direct new jobs projected by customers served for the coming year. The Historical Society is requesting $12,005,595 for FY2016. The Conservation Commission is requesting $22,475,565. The J.M. Davis Arms and Historical Museum is requesting $340,000, the Will Rogers Memorial Commission is requesting $1,798,906 and the Scenic Rivers Commission is requesting $365,315. The Water Resources Board during its presentation did not specifically state how much in appropriations it was requesting for FY2016 but did outline some of their coming plans. Tracked Bills Related To Story: None 02/05/2015 eCapitol Flashback Report Copyright (c) 2015 eCapitol, LLC. All rights reserved. Page 13
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