Legislative Updates

From Jean Jones
DVR/DVS Legislative Information Representative

2010 ~ 2009 ~ 2008 ~ 2007

Legislative Update

May 14, 2010
Status Report
State Bills with Disability or Agency Impact

State agencies; administrative rules

HB-3311 (Scott Martin, Faught; Sparks) This bill has been modified in process. The conference committee version just issued once again requires approval of both houses of the Legislature before an agency’s administrative rules or rule changes can go into effect. If the Legislature fails to act on an agency’s rules, they could not go into effect. Conference report submitted.  House and Senate next vote on whether to accept this final version.

Nursing home staff

SB-1289 (Coates; Morgan) Specifying that nursing homes may not hire persons who have pled guilty, no contest or received deferred sentences for a felony, in addition to those convicted of a felony. Signed by the Governor 4-29-10.  

State agencies

SB-1303 (Coates; Liebmann) Changes bid amount for certain construction projects from $50,000 to $100,000. Changes contract amount on small construction projects from $2,500 to $5,000. In conference committee.  

Volunteer medical providers

SB-1311 (Cox, Rice) This bill makes some changes in current law related to volunteer medical licenses. The Board of Osteopathic Examiners is added as a board that may issue volunteer licenses. The issuing Board may now set the length of time for which a license is valid. Documentation is required that the individual has been licensed to practice in their field of medicine and has no record of disciplinary action.  Signed by Governor 5-11-10.  

Business Enterprise Program vendors

SB-1321 (Gumm; Terrill) Increases penalty for vendors (retailers) who fail to honor sales tax exemptions for veteran families. Failure to honor the sales tax exemption will now be a misdemeanor with a fine up to $500. Conference committee version adopted by the Senate; House vote pending.  

Do-not-resuscitate form

SB-1325 (Anderson; Enns) Modifying the do-not-resuscitate consent form. Providing that the representative of an incapacitated person can revoke the do-not-resuscitate consent form in writing to a physician. Signed by governor 4-20-10.  

Injury prevention; pedestrian safety for the blind

SB-1329 (Bass; Hoskin) Creating the Motorcycle Mobility and Safety Act.  Allowing motorcycles to proceed through red lights when the driver thinks the light change can only be triggered by a larger vehicle. Motorcyclists are supposed to stop first at a red light and look to make sure there are no people or vehicles about to cross the street. (Blindness organizations express concern the law could jeopardize the safety of visually impaired pedestrians and make it more difficult for them to travel independently in their communities. Blind individuals are taught to safely cross intersections by depending on the information provided in part by the sound of moving traffic. When a motorcycle proceeds through a red light, the blind pedestrian will receive the wrong information about the direction of the flow of traffic, increasing the chances of injury or death from acting on inaccurate aural information.) Signed by Governor 5-4-10.  

Lung disease; nursing homes and facilities for persons with mental retardation

SB-1373 (Crain; Schwartz) Mandates Department of Health create a plan to give medical advice and increase public awareness of COPD. A House adopted amendment reduces staff in nursing homes and facilities for the mentally retarded if Medicaid reimbursement is reduced from the 2009 level. In conference. Conferees are Senate GCCA and House members Schwartz, Cox, Trebilcock, Hilliard, Morgan.  

State agencies; independent contractors

SB-1384 (Rice; Williams) Directing several agencies to jointly investigate the inappropriate classification of workers as independent contractors rather than as employees. The House passed version adds classification requirements and penalties for failure to comply. The bill has passed both houses but in different versions; no further action as yet.  

State employee retirement

SB-1637 (Aldridge; Billy) Authorizing annual benefit increase for members of state retirement system and authorizing suspension of increases under certain circumstances. Bill has passed both houses; no further action since House passage 4-20-10.  

Livable communities

SB-1640 (Halligan; Willliams) Certified Retirement Communities Program Act. Directing the Department of Commerce to develop a certification to recognize communities that have created conditions favorable to retirees and that would attract older residents and tourists by offering favorable tax provisions, health and safety improvements, public transportation, community services and activities, etc. Signed by Governor 5-6-10.  

State publications; formats

SB-1697 (Anderson; Murphey) Requires state agencies issue publications in electronic format whenever possible and requires that the Dept. of Libraries and Publications Clearinghouse retain electronic copies. State agencies publishing electronic versions of a publication must post the publication on their website and maintain it there. The state Publications Clearinghouse must be notified of the electronic version and be given the link to its location.  Signed by Governor 5-11-10.  

Volunteer medical providers; charitable health services

SB-1699 (Rice; Cox) Exempting volunteer medical services providers from the requirement to prove lawful presence in the U.S. when applying for the special volunteer medical provider license.  (Note: The volunteer medical provider license already requires applicants to show they are licensed to practice in another state or retired from practice in this state.)  Signed by Governor 4-14-10.  

State agency information

SB-1759 (Sykes; Murphey) Creating the Taxpayer Transparency Act. Requiring a state website to post agency financial information to include all expenditures of stimulus funds.  Providing that a legislative technology oversight board shall establish a policy on state agency use of social media.  Both houses have passed this bill with versions differing. Now the Senate will consider whether to adopt House Amendments.  

2-1-1 human services information

SB-1776 (Anderson; Peters) Renaming the Oklahoma 2-1-1 Collaborative the 2-1-1 Coordinating Council; providing duties. Signed by Governor 4-20-10.  

Textbooks; students with disabilities

SB-1784 (Stanislawski; John Wright) Allowing schools to expend funds from the textbook allowance for other instructional expenses. (This bill has been tracked for potential impact on availability of accessible textbooks for students with disabilities.)  The bill has gone to conference committee but so far conferees have not been able to agree on a final version.  

Newborn eye care; disability prevention

SB-1817 (Crain; Holland) Modifying provisions relating to newborn eye care. Stipulates that midwives or others attending a birth are also responsible for treating newborns with a prophylactic ophthalmic agent as directed by the CDC to prevent eye disease. Allowing parents to refuse such treatment on religious or other grounds. Requires documentation of refusal of treatment. Also states that the Board of Health shall promulgate rules to implement the new provisions of law. Signed by Governor 5-6-10.  

Health information

SB-1836 (Crain; Cox) Modifying duties of Health Information Infrastructure Advisory Board. Requires Health Information Infrastructure Advisory Board to develop a strategy to assist hospitals in receiving electronic health record incentive payments, and to administer loans made available by the 2009 federal stimulus act. (Note: DRS has a seat on the advisory committee.)   In conference committee.  

Textbooks; students with disabilities

SB-1858 (Paddack; Coody) Allows schools to spend textbook allowance funds for other educational expenses. In conference.  

Physical education; schools; children’s health

SB-1876 (Coates; Hickman) Specifying curricula for physical education classes in schools. Calls for curriculum to offer a variety of activity, and accounts for differences in culture, ability, and gender. In conference committee.  

Injury prevention

SB-1908 (Sykes; Tibbs) Initially this bill prohibited distracted driving including use of personal communication devices. The bill has been changed and the conference committee version now only makes use of electronic communication devices a cause for revocation of learner’s permits and Intermediate Class D licenses. A conference committee report has been submitted.  

Health information

SB-1915 (Adelson; Steele) Initially this bill required health benefit plans to use a certain design for treatment of diabetes. The bill was completely changed in process. It now establishes the “All Payer All Provider Database” which will include health claims and outcome information provided by medical providers and third-party payers. The database will be kept by the Insurance Department and information in the database will be used for health planning purposes. The bill has passed both houses but no further action is indicated since 4-20-10.  

Home care

SB-1916 (Ford; Peters) Directing the Health Department to establish a registry for home care agency workers. In conference committee.  

Cancer research

SB-1919 (Nichols; Nations) Providing a tax credit for donation to cancer research institute. Sent to Governor.  

Health insurance

SB-2046 (Bill Brown; Ritze) Authorizes out-of-state insurance companies to do business in Oklahoma and relieves them from having to comply with state laws mandating coverage of certain medical services. In conference committee.  

State employee insurance

SB-2052 (Coffee; Benge) Requiring OSEEGIB to contract with a vendor to test the concept of giving medical providers and patients financial incentives to use evidence-based guidelines and information therapy to get better health results. In conference committee.  

Education; online studies and weighted education funding SB-2109 (Stanislawski; Coody) Makes certain provisions pertaining to students enrolled in online courses as it relates to the weighted membership. In conference committee.  

State employees health insurance

SB-2127 (Aldridge; Moore) Recreating the State Employee Health Insurance Review Working Group, giving it authority to hire and monitor a consultant who will make recommendations for cost savings and effectiveness in state employee health insurance. In conference committee.  

Schools; child safety

SB-2199 (Coffee; Jones) Providing a means for schools to obtain national criminal background checks on current and prospective employees. (Note: Does not appear to impact OSB and OSD.)   In conference committee.  

Diabetes

SCR-34 (Constance Johnson) Designating November 14th as Diabetes Awareness Day. Filed with Secretary of State.  

Health insurance

SJR-59 (Newberry; Thompson) Constitutional amendment prohibiting forced participation in a health care system. This would require a vote of the people.  A conference report has been submitted and passed by the Senate. A House vote is pending.  

Health care

SJR-64 (Coffee; Benge) Directs the Attorney General to file a lawsuit against the US Congress, the President, and the Secretary of the Department of Health and Human Services to prevent federal health care legislation from taking effect. The House did not pass this bill by deadline and it appears dead.  

Group homes

HB-2282 (John Wright; Aldridge) Continues the Group Homes for Persons with Developmental or Physical Disabilities Advisory Board until July 1, 2014. Signed by the Governor 4-5-10.  

Injury prevention; inattentive driving

HB-2276 (Duncan; Anderson) Current law (OS 47 Sect. 11-901b) requires drivers to devote their full attention to driving, but provides they can only be cited for inattentive driving when an accident results. HB-2276 provides that an inattentive driver can be given a ticket if the law enforcement officer on site observes the driver is involved in an accident or observes that the driver is driving in a reckless or inattentive way that could endanger other motorists. This change is expected to allow officers to cite drivers for inattention when using cell phones or texting devices while driving only if an accident results or the officer clearly observes reckless driving that endangers others connected with cell phone, texting or other distractions. Signed by Governor.  

Long-term care

HB-2285 (John Wright; Aldridge) Extending the sunset date for the Long Term Care Advisory committee from 2010 to 2014. Signed by Governor 4-5-10.  

State employee health insurance

HB-2888 (Moore; Aldridge) A conference committee version of this bill creates a legislative committee to oversee state employee benefits. It provides that all new state employees shall be informed that any excess benefit allowance they may have shall be deposited into a flexible spending account or a health savings account, if they are enrolled in a high deductible health plan.  

The bill also provides that beginning in 2011, the benefit allowance will be frozen at the Plan Year 2010 amount and shall not be increased for three years thereafter. The way of calculating the benefit allowance will change beginning in 2015, when it will be set by OSEEGIB and tied to the amount of health savings account contributions provided to employees. Changes in this bill will affect health insurance premiums of active state employees and retirees under age 65. Conference committee report submitted. On House floor Agenda for May 17th.  

ADA, accessibility and enforcement

HB-2946 (Jordan; Anderson) Requires people with disabilities who might have accessibility complaints to notify businesses four months (120 days) in advance if they wish to file a civil suit charging the business is in violation of ADA accessibility requirements. (New Law O.S. 12 Section 2003.2) When a lawsuit is filed charging a business is in violation of accessibility standards (ADA), the filing must be accompanied by the earlier notice to the business and certified letter receipt. The bill provides grounds for dismissal of accessibility lawsuits. The bill is similar to the “ADA Notification Act” legislation which has been introduced in Congress several times but never passed. It appears that HB-2946 affects only civil actions filed in state district courts. Thus provisions of the federal Americans with Disabilities Act related to filing federal complaints or actions in federal court should not be affected by HB-2946. The bill was signed into law by the Governor on 4-21-10.  

State government

HB-2310 Murphey; Sykes; State government; Oklahoma Innovation, Efficiency and Accountability Act of 2010. Requires those state entities charged with certification, licensure or permitting to provide a web-based link to such applications and application renewals. Changes authority from Board of Health to Fire Marshal. In conference. Conferees are Senate GCCA members and House members Murphey, Miller, Derby, Cox, Ortega, Scott, Pittman, Nations.  

State agency task forces and advisory boards

HB-2319 Murphey; Sykes; Task Force Accountability Act of 2010. Dissolves any state task force or advisory board created and codified in state law if it does not meet at least once or issue a final report within three years from its creation. Signed by Governor 4-27-10.  

State agency purchasing

HB-2332 (Murphey) Modifying purchasing provisions. Signed by Governor 4-27-10.  

Disabled parking

HB-2567 (Wesselhoft; Leftwich) Requiring municipalities to adopt disability parking ordinances. Adding stickers issued by the Department of Veterans Affairs and disability placards issued by other states to those items recognized for disability parking privileges. Providing a $500 fine for falsifying information on an application for a disability parking document, illegally parking in designated disability spaces, or allowing a non-eligible person to use the permit issued to an eligible person. Authorizing municipalities to enforce disability parking ordinances on both public and private property. Conferees are Senate GCCA and House members Wesselhoft, Billy, Cannaday, Johnson, Pittman. A conference report has been submitted.  On House floor Agenda May 17th.  

School testing

HB-2584 (Thomsen; Bingman) Creating a task force to review the school testing system in Oklahoma. (Noted for possible impact on school testing accessibility for students with disabilities.) In conference committee. Conferees are Senate members Bingman, Ford, Jolley, Branan, Paddack and House members Thomsen, Denney, McCullough, Hickman, Cannaday, Brown, Coody, Shumate.  

Self-directed care

HB-2596 (Morrissette) Specifying content of the cash and counseling program to be developed by the Health Care Authority as a means of giving a recipient more control over the long-term care services he or she needs and the choice of service providers.. The bill specifies that other benefits a person receives shall not be reduced as a result of the person participating in a cash and counseling program. In conference. Senate conferees are GCCA members. House conferees are Morrissette, Ownbey, Trebilcock, Derby, Nelson, Tibbs, Joyner, Billy, Cannaday, Wright (Harold), Inman, Hamilton, Scott, Pittman, Jeannie McDaniel.  

Orthotics and prosthetics

HB-2678 (Faught; Jolley) Modifying licensing procedures under the Orthotics and Prosthetics Practice Act.   Mandates persons must demonstrate certification by the Board for Orthotist/Prosthetist Certification, or the American Board for Certification in Orthotics, Prosthetics & Pedorthics to obtain license to practice orthotics or prosthetics. Signed 4-20-10.  

State agency information

HB-2698 (Randy McDaniel) Creating the Oklahoma Government Website Information Act. Requires state agencies to post on their websites or on a central website their administrative rules, proposed rule changes, laws that affect agency operations and laws that would help the public interact with the agency. Senate conferees on the bill are GCCA members. House conferees are R. McDaniel, Miller, Scott Martin, Hickman, Dorman, Hoskin. A conference committee report has been submitted.  

Multiple sclerosis

HB-2710 (Collins) Provides an option for a taxpayer to donate part of his income tax refund to the Multiple Sclerosis Society. A conference report has been submitted.  

Health; smoke-free restaurants; healthy communities and schools

HB-2774 (Steele; Jolley) Provides a reimbursement incentive to restaurants to become smoke free. Funds for the incentive come from the Tobacco Prevention and Cessation Revolving Fund and are disbursed by the Health Department. The bill also created the Certified Healthy Communities Act. The Health Department is directed to create a program to certify communities as healthy communities if they request it and meet standards. Criteria for certification as a healthy community would include but not be limited to enforcement of social host bans to reduce alcohol consumption by minors, adopting local ordinances that promote sidewalks and walking, development of recreation facilities and community gardens, and development of incentives to promote community health and mental health services. An advisory committee will help the Health Department establish the range of criteria to use. The bill creates a similar healthy schools certification program.  Signed by Governor 5-10-10.  

Medicaid; self-directed care

HB-2777 (Steele; Crain) This bill started out requiring methods for verifying income of Medicaid applicants, but has been changed to direct DHS and OHCA to offer a self-directed care option to certain Medicaid beneficiaries if CMS approves. The bill makes the existing pilot self-directed care option permanent. Persons on Medicaid home and community waivers would be eligible to use the self-directed option if capable of doing so.  A conference report has been submitted.  

Nursing homes; Medicaid payment rates for nursing homes

HB-2778 (Steele; Crain) Amends current law allowing the Oklahoma Health Care Authority to adopt an incentive reimbursement rate plan for nursing home payment.  The bill makes added requirements for how the incentive reimbursement rate plan is developed and the criteria used. A conference report has been submitted.  

Transportation

HB-2846 (Joyner; Branan) Amends existing law related to regional transportation authorities. Under current law as amended by HB-2846, any group of cities, counties, or agencies of such subdivisions could band together to form a regional transportation authority with the ability to develop, construct, maintain and operate transportation systems. The subdivisions which are part of such a transportation authority could hold elections to vote on adding a sales tax in the area to fund transportation. Signed by Governor 4-19-10.  

Vulnerable adults; intervention and assistance

HB-2906 (Morgan; Eason-McIntyre) Creating the Vulnerable Adult Intervention Team Pilot Program, to be established by DHS if funds are available. The purpose of the program would be to provide interdisciplinary community assistance, intervention and referral services for persons with mental or physical illnesses or disabilities, dementia or other related disease or condition. The interdisciplinary team would have nine members including the directors of DRS, Mental Health, DHS, and Health. Bill passed House and Senate committee but was not taken up by the full Senate and is dead.  

Public transit

HB-2957 (Harold Wright; Schulz) Making it illegal for a public transit driver to use a cell phone or other electronic communication device while driving a transit vehicle. School bus drivers are also subject to the law. Signed by Governor. Effective date November 1.  

Medicaid coverage of orthotic and prosthetic devices

HB-2990 (Enns; Russell) The House-passed bill requires the Health Care Authority to use the Medicare rate for reimbursement for prosthetic devices under Medicaid, if funds are available. The Senate bill only requires a study of Medicaid coverage for orthotic and prosthetic devices. The Senate has appointed its GCCA members as conferees, but the House has not yet named conferees.  

Special education

HB-3170 (Hickman; Marlatt) Provides restrictions for reimbursement of excess cost funding for out-of-state residential placements for students with special needs.  In conference committee.  

Scholarships for students with disabilities

HB-3393 (Nelson; Anderson) The Scholarships for Students with Disabilities program created by this bill would allow schools to meet their obligations under IDEA by providing special educations students with scholarships, as requested by parents, to attend private schools. Under the conference committee version of this bill, local and state funds to schools would be used for the scholarships. A school district would not be responsible for any additional special education or related services costs if the scholarship amount does not cover all needs. A conference report has been submitted. House and Senate must vote on whether to approve the conference version.