Legislative Updates

From Jean Jones
DVR/DVS Legislative Information Representative

2009 ~ 2008 ~ 2007

March 20, 2007

Vocational Rehabilitation Legislation and Issues
State Legislative Update

Department of Rehabilitation Services

On March 20th the state Senate voted 48-0 to approve a substitute for HB-1234, a General Appropriation bill setting funding for state agencies for SFY-2008. This is, at least in part, the bipartisan budget agreement announced on March 19th by House and Senate leadership. The House agreed to the Senate’s amendments and passed the same bill on March 21st. Governor Henry expressed disappointment that he and others were not involved in the budget negotiations, and referenced the Governor’s veto power. However, the unanimous Senate vote and an 84-16 vote in the House appear to make the bill veto-proof.

Later, separate appropriation and budget limit bills will be passed for each individual agency. If money is available, these separate bills can sometimes provide a chance to improve agency funding.

HB-1234 sets DRS state funds at $29,474,679.00 for the next state fiscal year.

DRS's state appropriation for the current year was set at $29,213,250.00, per SB-45XX.

Active State Bills Affecting Rehabilitation, Disability Programs and Individuals with Disabilities

NOTE: A comprehensive list of disability-related measures this year can be requested from Jean Jones, jhjones@drs.state.ok.us.

Injury prevention - SB-51 -Paddock; Thomsen
Increasing the penalty for not wearing a seat belt. Raising the upper limit of the fine plus court costs from $20 to $40. Status: Passed Senate on 3-5, with title stricken. Assigned House Judiciary Committee.

Transportation - SB-113 - Leftwich; Inman
Amending the law that provides certain immunity from civil liability for volunteers in charitable or nonprofit organizations, to extend immunity from civil liability to volunteers who provide transportation services. Status: Passed Senate on 3-12 with title stricken. Assigned to House Judiciary and Public Safety Committee. (See also SB-507.)

State agencies - SB-162 - Riley; McCarter
Requiring each state agency to provide all its employees with copies of any state laws or resolutions enacted each year that affect the agency or employees. Providing that this requirement can be satisfied by posting the laws on the agency website, by e-mail transmission or by print copies. Status: Passed Senate on 3-6. Assigned to House General Government and Transportation Committee.

Open meetings law - SB-163 - Laughlin; Blackwell
Amends the state Open Meetings Act by excluding from the definition of “meeting” an informal gathering of a majority of the members of a public body when no business of the public body is discussed. Status: Passed Senate on 2-27. Assigned House General Government and Transportation Committee.

Vulnerable adults - SB-164 - Nichols; Lamons
Expanding the definition of “abuse” under the state’s law protecting vulnerable adults to include forcing a vulnerable adult to be present where illegal drugs are being manufactured. Status: Passed Senate on 3-13. Assigned to House Human Services Committee.

Vulnerable adults - SB-398 - Adelson; Sullivan
In the Protective Services for Vulnerable Adults Act, adding definition of financial neglect by caretaker. Status: Passed Senate on 3-6. Assigned House Judiciary and Public Safety Committee.

Children’s health care - SB-424 - Adelson; Cox
Creating the “All Kids Act.” Directing the Health Care Authority to establish and maintain a health care program for children age 18 and younger in families with incomes between 185% and 300% of the federal poverty level. The bill states certain eligibility restrictions. The program would operate by providing subsidies to allow a family to purchase private health insurance or an employer-offered plan. Status: A floor substitute bill passed the Senate on 3-8. Assigned to House Economic Development and financial Services Committee.

Department of Rehabilitation Services; performance incentive plan - SB-485 - Lamb; Enns
Authorizing the Commission for Rehabilitation Services to use funds from the Social Security reimbursement program for a direct service delivery staff incentive program. The incentive program would reward rehabilitation counselors and technicians for additional work done to successfully employ SSDI and SSI recipients. Status: Passed Senate on 3-8 by 44-0. Assigned to House Human Services Committee.

Advance directives - SB-486 - Lamb; Schwartz
This bill began by addressing criminal background checks for nurse aides in nursing homes, ICFs/MR, assisted living facilities and other nursing facilities. In Committee it was significantly changed. The measure no longer addresses nurse aide criteria. Instead, it requires the Health Department to create an advance directive registry, a website with advance directive forms and other informational services related to advance directives. Status: Passed Senate on 3-7. Assigned to House Public Health.

Organ donation - SB-488 - Constance Johnson; Nations
Authorizing medical examiners to remove eyes and tissues for donation. Medical examiners are currently authorized to remove organs for donation, when the deceased has documented that this is his/her intention and the family agrees. SB-488 expands this authority to include eyes and tissues, again, as the deceased has indicated in an advance directive or other organ donor document. This bill also authorizes the Office of the Chief Medical Examiner to refer all nonhospital deaths to the certified and federally designated Organ Procurement Organization for the purposes of determining medical suitability of the deceased as an organ, eye or tissue donor. Status: Passed Senate on 3-8. Assigned to House Public Health Committee.

Deaf and Hard of Hearing children; educational interpreters - SB-500 - Myers; Luttrell
As re-written for full Senate consideration, this bill allows the State Department of Education to grant an extension of the deadline for an educational interpreter to meet the certification criteria required by law. After July 1, 2011, no more extensions could be granted. When such an extension is allowed, SDE would have to develop an improvement plan for any educational interpreter for whom the qualification deadline is extended. Status: This version of SB-500 passed the Senate on 3-6 by a vote of 46-0. Assigned to House Education Committee.

Transportation - SB-507 - Branan; Thompson
Limiting volunteer liability for providing transportation services. This would apply to volunteer drivers helping charitable or nonprofit organizations provide transportation services to persons in need. Status: This bill passed the Senate on 3-13 with an amendment that gives immunity from liability to firearm manufacturers, distributors and sellers. Referred to House Judiciary and Public Safety Committee. (See also SB-113.)

Public transportation - SB-563 - Aldridge; Banz
Amending section of law dealing with the Public Transportation Revolving Fund. Changing the basis for allocating monies for start-up public transit systems, to base the aid on $0.75 per passenger mile. (It is hoped this change will alleviate a barrier to funding the planned Tinker Express Bus and park and ride system to improve opportunities for employment at Tinker.) Status: Passed Senate on 3-6. Assigned to House General Government and Transportation Committee.

Caretaker abuse - SB-614 - Ivester; Cox
Modifying the definition of verbal abuse by a caretaker by deleting the word “repeated” and making verbal abuse of the person being cared for a misdemeanor even if the verbal abuse is not repeated. Status: Passed Senate 46-1 on 3-5.

Assisted living - SB-738 - Morgan; Blackwell
Stating that when a resident of an assisted living center needs additional care beyond the room, board and personal care provided by the assisted living center, the center shall not remove the resident so long as the resident, family doctor and assisted living center all consent to the person staying in assisted living, and so long as the center commits to assuring that the resident receives the needed additional care. Status: Passed Senate on 3-7. Assigned to House Public health Committee.

Medical care for jail inmates - SB-811 - Laster; Sullivan
Clarifying that jail inmates are liable for the cost of any medical care they receive for preexisting conditions. Directing the Health Department to appoint a committee to resolve any disputes among medical providers, county jails and inmates regarding who is responsible for medical costs. Status: Passed Senate on 3-12, title stricken. Assigned to House Judiciary and Public Safety Committee.

State agencies; purchasing - SB-831 - Laster; Trebilcock
This bill as introduced would have limited P-Card purchases to under $500 and amended other provisions relating to P-Card use. On the Senate floor a substitute bill was adopted with somewhat different provisions. The substitute bill keeps the current $2,500 transaction limit for certain P-Card purchases, but requires detailed documentation be given to the purchase approving official. It also sets no limits on P-Card transactions for purchases off state contracts, from public utilities and for lodging and registration in accordance with the state Travel Reimbursement Act. Other provisions amend law on state contracts. Status: Passed Senate on 3-14.

Residential care; assisted living; medication aides - SB-1091 - Adelson; Cox
Amending law related to medication administration aides and the assistance they can provide to residents of residential care facilities, assisted living centers and similar facilities. Creating a new category of medication administration technicians, requiring training and registration, and listing the types of assistance they can provide in residential care homes, assisted living and adult day care centers. Status: On 2-26 a substitute bill was reported from the Senate Committee on health and Human Resources. The substitute is similar to the introduced bill. Passed the Senate on 3-7. Assigned to House Public Health Committee.

Mental health; transportation - HB-1003 - Carey; Paddack
Amending law that requires law enforcement officers be reimbursed by the Department of Mental Health for expenses involved in transporting individuals to and from mental health facilities. The bill establishes reimbursement rates. Status: Passed House on 2-27.

Kidney disease - HB-1036 - Cooksey; Lamb
Providing that any enrollee in Medicaid who has high blood pressure or diabetes, or a family history of kidney disease, shall be evaluated for chronic kidney disease. When a Medicaid enrollee has been identified as having kidney disease or being at high risk, that person would be tracked and provided disease management training and services. Status: Passed House on 2-21 with title stricken.

Office of Handicapped Concerns - HB-1084 - Wesselhoft; Wilcoxson
Changing the name of the Office of Handicapped Concerns to the Office of Disability Concerns. Status: Passed House on 2-26.

Diabetes - HB-1309 - Cox; Crain
Requiring individualized health plans to be developed for each student with diabetes who will need care for diabetes while in school or at school activities. The plan would be developed by the school nurse (if any) and principal, with the involvement of parents and physician, and approval of the parents. Schools would be asked to recruit one or more staff to serve as volunteer diabetes care assistants. These individuals would be trained according to a curriculum developed by a consortium of health and education entities. With the parent’s permission, school transportation providers would be given the name of any student with diabetes w ho is riding with them, information on emergency indicators, and an emergency number to reach for intervention. Status: Amended in Committee. Passed House on 3-1. The amended bill is called the “Diabetes Management in Schools Act.”

Administrative procedures - HB-1411 - Joyner; Coates
Modifying Administrative Procedures Act to require fiscal impact statement for legislative approval of rules. An agency would have to report if a rule would entail a cost of more than $50 to comply with it, and provide a list of persons who would have to expend more than $50 to comply with the rule. If such a list is not available, the agency would have to publish a notice to try to find such persons. Status: Passed House on 3-12.

Hearing aids - HB-1494 - Sullivan; Adelson
Exempting sales of hearing aids from state sales tax. The exemption is for “sales of hearing aids or any other apparatus, device, or equipment for use by a hearing-impaired person which is prescribed by an audiologist or hearing aid dealer or fitter who is licensed by the state as required by law.” Status: Passed House on 3-7 with a vote of 94-3.

Community integration; nursing facilities - HB-1510 - Ellis; Rabon
Authorizing the Commissioner of Health to waive any provisions of the Nursing Home Act and the Long-Term Care Certificate of Need Act so long as the state remains in compliance with federal law and rules, in order to allow the development of long-term care options in homelike settings in the community. Status: A substitute bill passed the House Public Health Committee; bill passed House on 3-7.

Vending facility managers - HB-1518 - DeWitt; Justice
Creates the Common Sense Consumption Act which is intended to prevent frivolous lawsuits against food and beverage manufacturers, distributors, advertisers and vendors. The bill exempts these entities from civil liability for any claim arising out of weight gain, obesity, or any health condition associated with or caused by long-term consumption of food. Status: Passed the House 99-2 on 2-26.

Deaf; Oklahoma School for the Deaf - HB-1546 - Winchester; Justice
Provides that if any funds are available from the funds appropriated to the Department of Rehabilitation Services for next fiscal year, the Oklahoma School for the Deaf shall establish a regional service center on the campus of the Oklahoma College of Sciences and Arts in Chickasha. Status: Passed House on 3-14 by a vote of 100-0.

In-home care; companion services - HB-1580 - Peters, Coody; Ford
As introduced, this bill would require any person, employer, employee, or designated agent thereof that provides companion or sitter services to register with the Department of Health and to maintain a system of record keeping, including client information, services provided each day, criminal background check information on employees, and other information. It would also exempt certain persons from this requirement, including a person who is providing companion services in the home of a relative, neighbor or friend. This bill changed going through committee. As passed by the full House, it requires licensure by the Health Department of any person or entity that provides companion or sitter services. Although it exempts (by statutory reference) persons acting alone who provide companion services in the home of a relative, neighbor or friend, HB-1580 does appear to require licensure for any individual whose primary source of income is from acting as a companion or sitter. Penalties up to $5,000 are provided for noncompliance. Status: Passed House on 3-8 on a 90-4 vote.

AgrAbility - HB-1695 - Enns; Anderson
Creating the Oklahoma AgrAbility Project Act. Providing that subject to availability of funding, the Oklahoma Cooperative Extension Service shall provide, through the existing AgrAbility Program and contracts with other entities, assistance to persons with disabilities in farming or other agriculture-related businesses. Stating that the Oklahoma AgrAbility Project Fund may be created at some future time as funds become available for project activities. Status: Passed by House on 3-7 on a vote of 94-0.

Voting access - HB-1734 - Tibbs; Jolley
Requiring proof of identify when voting. At the polls a voter would have to present a photo identification card issued by the government or an official Indian tribe. If a voter does not have the required photo ID, he can sign an affidavit swearing as to his identify. Ballots cast in this circumstance would be held in separate storage. The bill does not indicate when they will be counted. Status: Passed House on 3-7 on a vote of 58-38.

Long-term care; Advantage and DDSD Waivers - HB-1926 - Jeannie McDaniel; Riley
Creating the Advantage Waiver and Developmental Disability Services Rate Review Committee. Committee duties would include reviewing provider rates paid under these two waivers as well as rates for all other services to the aged and developmentally disabled through DHS Aging Services Division and DDSD. The Committee would also be asked to project added funding needed to serve people on waiting lists. Status: Passed House on 3-6 by a vote of 100-0.

Health savings accounts - HB-1928 - Steele; Crain
Amending the state’s Health Savings Account Act. Aligning state law with federal limits on contributions into health savings accounts. Requiring Oklahoma State Employees Group Insurance Board to make health savings accounts available to state employees. Status: Passed House on 3-14 on a vote of 99-2.

Developmental disabilities; Olmstead planning - HB-1933 - Steele; Constance Johnson
Extending the end date for the Olmstead Strategic Planning Committee from a 2007 date to a 2010 date. Adding an additional duty for the Committee: "to monitor and assist with the implementation of the plan." Another added duty is to examine the feasibility of expanding eligibility for the Developmental Disabilities Services Division waiver services to include people with disabilities who are not eligible for help through the Advantage Waiver or who are at risk for out-of-home placements. Annual reports from the Committee are required each July through 2010. Status: Passed House on 3-14 by a vote of 101-0.

Prescription drugs - HB-1991 - McAffrey; Adelson
Modifying the state’s unused prescription drug program to allow unused prescription medications to be obtained from hospital-based mental health facilities. Adding to entities which can receive or dispense unused prescription medicines, to include correctional facilities for use by inmates with mental health conditions. Status: A substitute measure passed the House 2-22. The new bill still provides for expanded participation in the Unused Prescription Drug Program, and allows medicines from the program to be given to jails for treatment of inmates with mental health conditions. Referred to the Senate Health and Human Resources Committee.

Greer Center; mental retardation and mental illness - HB-2078 - Jackson; Anderson
Modifying some procedures related to admittance of persons to the Greer Center, which provides diagnosis and treatment for persons with a combination of mental illness and mental retardation. Status: Passed House on 3-8.

College tuition relief - HB-2103 -Cargill and others; Mike Johnson
Requiring that beginning in the 2008-2009 school year, all higher education institutions in Oklahoma would have to offer in-state students an option to participate in a guaranteed tuition rate plan. The rate plan would let students choose to lock-in the tuition rate they pay in their freshman year for four consecutive years. However, the bill provides that colleges could raise the guaranteed tuition rate during that four years whenever the Legislature does not give higher education at least a 5% increase in its annual appropriation. Status: Passed House on 3-13.

Health insurance - HCR-1010 - Peterson; Paddack
Core Health Benefit Task Force. The task force would recommend minimum health benefits which should be offered in health insurance plans. Status: One floor amendment adopted; resolution adopted by the House on 3-14.

Checking on the status of a bill: “Bill status” refers to where a bill is in the legislative process, and what has happened to it along the way. We check the “status” of a bill to find out if it has made it has survived the various deadlines built into the legislative process, and whether it has been changed at any point.

Bill status for all state measures can be checked using the “bill tracking” feature on the Senate and House websites.

• www.oksenate.gov
• Click on “Legislation”
• Click on “Bill Tracking”
• There are several ways to sort and track bills, but “Basic Search” is a good way to find a bill for which you know the number.
• In the “Measure Number(s)” box type in the bill number (hb 1001, sb 1) and click “Retrieve”

Another way to check on a bill’s status is to call the office of a sponsoring legislator. Status can also be checked for a Senate bill by calling 524-0126 and asking for Senate Records, or for a House bill by calling 521-2711 and asking for the Bill Status clerk in the Chief Clerk’s office. Have the bill number ready when you call.