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What's New At DRS - Rehabilitation Issues Update
Rehabilitation Issues Update
02-29-08
Vocational Rehabilitation Legislation and Issues: Update on State Legislative Action
Vocational Rehabilitation:
SB-1959 by Sen. Constance Johnson creates a task force to study the effects of incarceration on women who are mentally ill and have been incarcerated. The task force would also study the responsibilities of the Department of Mental Health and Substance Abuse Services, the Department of Corrections and the Department of Rehabilitation Services in providing treatment, rehabilitation and support services during the reintegration process for mentally ill women leaving correctional facilities. In the introduced bill, DRS was designated the lead agency, but this could later in the legislative process SB-1959 has passed the Senate Health and Human Resources Committee and next goes to the full Senate.. Read the introduced bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1959_int.rtf
HB-3127 by Rep. John Enns appropriates $200,000 to the Department of Agriculture to go to the AgrAbility Program. (Note: Although the introduced bill sends AgrAbility funds to Agriculture, efforts are underway to send the appropriation directly to AgrAbility or to funnel it through DRS.) SB-3127 is assigned to the House Appropriations and Budget Committee.
As introduced: http://webserver1.lsb.state.ok.us/2007-08HB/HB3127_int.rtf.
HB-3108 by Rep. Ron Peterson would affect all state employees. It would modify the way the state employee benefits allowance is calculated. Instead of basing the benefit allowance on the average of all high option health plans offered, the calculation would be based on the average cost of all state health plans offered to state employees. This would reduce the benefits allowance. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB3108_int.rtf. The bill is assigned to the House Economic Development and Financial Services Committee, which Rep. Peterson chairs. HB-3108 is on the agenda for consideration at the Committee’s meeting on March 3, at 9 a.m. in Room 412-C at the Capitol.
Wheelchairs provided by Medicaid:
HB-2703 (Steele) would create the Consumer Protection Act for Wheeled Mobility. As introduced, this bill required a specialty “wheeled mobility” evaluation before Medicaid would pay for such equipment for an individual. The bill allowed either licensed medical professionals with wheelchair evaluation expertise or RESNA-certified assistive technology practitioners (including suppliers/employees) to prescribe the wheelchair features that would work best for an individual. HB-2703 was amended and passed the House Human Services Committee on 2-26-08. As amended, HB-2703 allows only licensed medical professionals to prescribe wheeled mobility devices for Medicaid recipients and they must determine if the equipment is medically necessary. Wheelchairs would have to be supplied by suppliers with RESNA-certified expertise. (Note: Some groups that originally proposed this legislation are concerned that the amendments could actually reduce Medicaid consumer access to wheelchairs, and they will seek restoration of the “either/or” language in the introduced bill.)
A companion bill, SB-1886 by Sen. Constance Johnson, was assigned to the Senate Appropriations Committee, with no action showing as of the February 21 deadline for Senate committee passage.
Transportation:
Oklahomans with disabilities rank transportation as the one issue that impacts all others, including employment and all aspects of daily life. A number of bills have been introduced in the Oklahoma Legislature to reallocate monies from existing revenue sources (taxes and fees) so that more money goes into the construction, repair and maintenance of roads and bridges. So far, public transportation needs have taken a distant back seat to roads and bridges. However, a few bills could have a small impact on public transportation. They are:
HB-2947 by Rep. Scott Martin would increase from $3 million to $5 million the amount that can be provided annually to the Public Transportation Revolving Fund as a result of 2005 legislation (HB-1078) that carved out portions of state income tax revenue to go for roads. That legislation also designated a tiny percentage of funds for passenger rail and for the Public Transportation Revolving Fund. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB2947_int.rtf
This bill passed the House General Government and Transportation Committee on 2-20-08, with its title stricken.
HB-3211 by Shane Jett creates the Bullet Train Task Force to study the feasibility of developing a bullet train between strategic points in Oklahoma. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB3211_int.rtf. This bill was assigned to House Rules. It shows no action as of 2-26, but the House deadline for committee passage is March 6.
SB-1870 by Sen. Mike Johnson would eliminate the 3% revenue growth trigger on apportionment of certain income tax revenues to the ROADS Fund. Legislation in 2005 (HB-1078) diverted certain income tax revenue from the General Fund and allocated it to the ROADS program for road and bridge repair and construction. Included in the same package was a tiny amount for the Public Transportation Revolving Fund and for passenger rail service. However, the full funding prescribed for all three areas was made contingent on at least a 3% estimated growth rate in state revenues for the year in which an allocation was to be made. SB-1870 removes that 3% growth trigger, so that full allocations can go ahead even when state revenue growth is very low. A substitute bill has cleared the Senate Appropriations Committee and goes next to the full Senate. Another bill to drop the revenue growth trigger to 2% (SB-2026 by Rabon) was also assigned to the Senate Appropriations Committee but has seen no action.
HB-2790 by Rep. Mike Jackson allocates certain funds from the General Revenue Fund for the Tourism and Passenger Rail Fund. The funds would originally come from the Vehicle Licensing and Registration Fee revenue. Current law specifies a certain part of this revenue will be deposited into the General Fund. From that amount, HB-2790 would designate amounts rising to $1.75 million annually to go to the passenger rail fund. The monies from this source would go to several project areas including the Heartland Flyer, and for development of intercity passenger rail service between Tulsa and Oklahoma City and between Tulsa and St. Louis. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB2790_int.rtf. This bill was assigned to the House Appropriations Committee but has had no action as yet.
HJR-1086 by Rep. Shane Jett would require a vote of the people on a proposed Constitutional amendment to repeal a section of the Constitution that denies railroads and other transportation companies the right to give people free tickets for rides. Read the bill:
http://webserver1.lsb.state.ok.us/2007-08HB/HJR1086_int.rtf. This measure does not appear to have been assigned to any committee and is showing no action at this time.
SB-1660 by Sen. Jim Wilson would authorize the Department of Transportation to direct monies from any available funding sources to any county that can demonstrate a need for railroad construction. Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1660_int.rtf. This bill did not come out of committee by the Senate deadline and is presumed dead.
Discrimination based on disability:
HB-3317 by Rep. Al Lindley sets forth powers and procedures for the Oklahoma Human Rights Commission to use in investigating and enforcing complaints of discrimination on the basis of disability in public accommodations. It says that complaints can be made by individuals or organizations. The Commission would also be directed to study and report on the status of disability-based discrimination in Oklahoma. The bill provides penalties for discrimination based on disability in public accommodations, and sets requirements related to legal action. It also empowers the Commission to act to prevent impending discrimination. Read the bill:
http://webserver1.lsb.state.ok.us/2007-08HB/HB3317_int.rtf. This bill was assigned to the House Human Services Committee. It has seen no action as yet. The deadline to pass the committee is March 6.
Accessibility:
HB-2670 by Rep. Darrell Gilbert would require all state and local governmental buildings, whether owned or leased, which are open for public use to have automatic doors at a main entrance, on all accessible restrooms and on all interior doors leading to public use areas. There are additional accessibility requirements for new construction and alterations to public use buildings. The bill would make disabling an automatic door a misdemeanor punishable by a fine. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB2670_int.rtf . Referred to House General Government and Transportation Committee. No action as of 2-28.
Hearing aids and eyeglasses:
HB-3329 by Rep. Ken Miller would require health insurance plans to cover ear molds for children up to age 18, up from the current age of two years. Read the bill:
http://webserver1.lsb.state.ok.us/2007-08HB/HB3329_int.rtf. Referred to House Economic Development and Financial Services Committee; no action as of 2-28.
SB-1539 by Sen. Debbe Leftwich would provide a state sales tax exemption for sales of hearing aids and related devices prescribed by a licensed practitioner, and sales of lenses, eyeglasses and related items prescribed by a licensed optometrist or physician. Read the bill:
http://webserver1.lsb.state.ok.us/2007-08SB/SB1539_int.rtf. This bill did not make it out of the Senate Finance Committee and is dead.
HB-2555 by Rep. Guy Liebmann would exempt sales of hearing aids from state sales tax. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB2555_int.rtf. This bill passed the Subcommittee on Revenue and Taxation with its title stricken, and will next be considered by the full House Appropriations Committee.
Autism:
Health insurance coverage for autism would be required under several bills including SB-1498 (Easley), SB-1537 (Gumm), SB-1692 (Anderson), HB-3259 (Pittman) and HB-2459 (Schwartz). All three Senate bills failed to pass committee by the deadline and are dead. The author of one, Sen. Jay Paul Gumm, has indicated he will try to attach the autism coverage provision to other bills as an amendment. Both House bills are in committee, with no action being reported as yet.
SB-2071 by Sen. Clark Jolley requests the Regional University System of Oklahoma to establish a comprehensive autism training program at the University of Central Oklahoma. Read the bill:
http://webserver1.lsb.state.ok.us/2007-08SB/SB2071_int.rtf. This bill has passed the Senate Appropriations Committee with its title stricken.
SB-1686 by Sen. Mary Easley states that teacher professional development programs that cover special education shall include a special emphasis on autism. Read the bill:
http://webserver1.lsb.state.ok.us/2007-08SB/SB1686_int.rtf. This bill passed the Senate Education Committee and next goes to the full Senate.
Stroke:
SB-1655 by Sen. Constance Johnson would create within the Department of Health a statewide coordinated system of care for stroke, to include focus on timely access to care, diagnosis and the most advanced treatment for persons most disproportionately affected by stroke. Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1655_int.rtf. This bill did not make it out of the Senate Appropriations Committee by the deadline and is reported as dormant.
Mental health:
SB-1422 by Sen. Susan Paddack directs the Department of Mental Health and Substance Abuse Services to establish a pilot program of mental health first aid. The purpose would be to train non-mental-health professionals in how to support an individual in a mental health crisis situation until professional help can be obtained. Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1422_int.rtf. This bill has passed the Senate Appropriations Committee with its title stricken. It will next go to the full House.
Organ donation, anatomical gifts:
SB-1708 by Sen. Glenn Coffee creates the Oklahoma Uniform Anatomical Gift Act. It provides for ways in which a person can indicate his or her wishes with regard to organ or tissue donation for transplant, research or education purposes. It authorizes the Department of Public Safety to establish a donor registry. Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1708_int.rtf. A substitute bill has passed the Senate Rules Committee.
Cancer:
SB-1823 by Sen. Judy Eason-McIntyre directs the Department of Health to provide a cancer patient navigation system. Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1823_int.rtf. This bill did not clear the Senate Appropriations Committee by deadline and is reported as dormant.
Health insurance:
SB-1914 by Sen. Jim Wilson would require health insurance plans to cover preventative health services including physical exams and testing, regardless of whether the provider is considered “in network.” Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1914_int.rtf. This bill did not clear the Senate Retirement and Group Health Committee and is considered dormant.
SB-1792 by Sen. Debbe Leftwich would provide an income tax exemption of 100% of the cost of health insurance premiums for any taxpayer who is an employer, if the taxpayer pays at least 50% of the cost of his employee’s health insurance. Also providing an income tax exemption for an individual’s health insurance premium costs and unreimbursed medical expenses. Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1792_int.rtf. SB-2017 by Owen Laughlin is a similar bill. Both bills went to the Senate finance committee but neither made it out. Both are reported as dormant.
HB-2531 by Rep. Kris Steele amends the Medicaid Reform Act of 2006 which directed the Health Care Authority to conduct a pilot program and prepare a plan for reform of Oklahoma Medicaid to contain costs and increase consumer choice of health plans. The amendments in this bill include provision for a voucher program to help consumers obtain employer health insurance. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB2529_int.rtf. This bill has passed the House on a vote of 97-1 and next goes to the Senate.
SB-1172 by Sen. Patrick Anderson would provide an income tax credit for expenditures on long-term care insurance. The annual credit would be for up to $1,000 of the cost of a long-term care policy or rider. Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1172_int.rtf. This measure did not make it out of committee and is dormant.
Health, fitness and disability prevention:
HB-2506 by Rep. Jabar Shumate would create an income tax credit for health club membership. The credit would be 20% of eligible fees paid for a health club membership. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB2506_int.rtf. This bill passed the House Appropriations Subcommittee on Revenue and Taxation with its title stricken. It must next pass the House Appropriations Committee.
Many bills have been offered to increase physical education instruction in schools and to promote better physical fitness in children. A few of them are:
HB-2574 (Hickman) Expands physical education instruction requirements for schools. (Note: Adapted PE for students with disabilities is not addressed in this bill as introduced.)
As introduced: http://webserver1.lsb.state.ok.us/2007-08HB/HB2574_int.rtf. This bill has passed the House Education Committee with title stricken.
HB-2688 (Shumate) Facilitates development of a physical fitness assessment tool for use in the public schools. As introduced: http://webserver1.lsb.state.ok.us/2007-08HB/HB2688_int.rtf. Referred to House Education Subcommittee on Common Education; no action as of 2-28.
HB-3258 (Pittman) Expands requirements for physical education and health instruction in schools, as a condition of accreditation by the State Board of Education.
As introduced: http://webserver1.lsb.state.ok.us/2007-08HB/HB3258_int.rtf. This bill was sent to House Rules, where there has been no action.
SB-1186 (Easley) Raises the minimum instructional time required for physical education in public schools, from 60 minutes a week to 120 minutes a week.
As introduced: http://webserver1.lsb.state.ok.us/2007-08SB/SB1186_int.rtf. This bill was reported out of the Senate Education Committee with its title stricken.
SB-1449 (Constance Johnson) Requires the State Department of Education and State Health Department to facilitate development of a physical fitness assessment software program for schools that can track the standard components of health-related physical fitness. The software would allow confidential reports of a student’s health-related fitness to be provided to parents, with information on methods to improve the child’s health and fitness. The assessment would be piloted in selected schools before being put in use by all schools. As introduced: http://webserver1.lsb.state.ok.us/2007-08SB/SB1449_int.rtf. This bill was sent to the Senate Appropriations Committee, where it received no action as of the passage deadline and is dormant.
SB-1563 (Crain) Directs the State Department of Health and State Department of Education to facilitate development of physical fitness assessment software program. As introduced: http://webserver1.lsb.state.ok.us/2007-08SB/SB1563_int.rtf. This bill failed to clear the Senate Appropriations Committee and is reported as dormant.
Blind persons, pedestrian safety:
HB-2592 by Rep. Ken Luttrell would increase the maximum fine for carrying a white cane when not legally blind, failure to bring a vehicle to a stop at least 15 feet from a blind or disabled person crossing the street using a White Cane, dog guide or assistance dog, or otherwise violating the White Cane law. The fine would increase from $100 to $500. Read the bill:
http://webserver1.lsb.state.ok.us/2007-08HB/HB2592_int.rtf. This bill was sent to the House Judiciary Committee, where it has had no action as of 2-28.
SB-1386 by Sen. Don Barrington deals with traffic rules and specifically with right turns. The bill provides that both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the pavement or paved shoulder of the road. (Note: Blind and disabled pedestrians express concern that this will permit approaches and right turns on the shoulder of a road, where, in the absence of sidewalks and curb ramps, disabled pedestrians may be traveling or waiting to cross the street.) Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1386_int.rtf. A substitute bill has passed the Senate Public Safety and Homeland Security Committee. In the substitute bill, the section of concern now reads, “Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway or, if the roadway is located in an unincorporated area, as close as practicable to the right-hand edge of the pavement or paved shoulder.”
Schools:
HB-2518 by Rep. Ben Sherrer provides that a school transfer granted to a child with disabilities for three consecutive years to the same school district shall become permanent and shall automatically renew each year. Read the bill as it passed the House: http://webserver1.lsb.state.ok.us/WebBillStatus/main.html. The House approved a substitute version of HB-2518 by a vote of 98-0. The measure now goes to the Senate.
HB-2932 by Rep. Ray McCarter would prohibit the use of cell phones while driving a school bus. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB2932_int.rtf. Assigned to the House Judiciary and Public Safety Committee; no action as of 2-29.
HB-3256 by Rep. Anastasia Pittman requires school districts to provide annual teacher training in how to recognize the warning signs of suicide, depression and bullying in students. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB3256_int.rtf. This bill went to the House Education subcommittee on Common Education, and has not emerged, which suggests it is probably dead.
Business Enterprise Program:
HB-2455 by Rep. Jeannie McDaniel would create the Container Deposit Task Force to consider the feasibility and benefits of enacting a container deposit law in Oklahoma. The Task Force would review container deposit laws of other states, and consider environmental impact. The Task Force would have 14 members appointed by the House Speaker, Senate President Pro-Tempore and Governor. A report, with any recommendations for legislation, would be due December 31, 2008. (Note: Past container deposit bills have been of interest to blind vendors because of returned beverage container storage issues, sanitation issues, required cash on hand to return deposits, and other business impacts. These bills have also been of interest to elderly and disabled consumers who lack transportation or physical capacity to efficiently return containers for deposit.) Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB2455_int.rtf. This bill was originally sent to the House Rules Committee, but later referred to the House Natural Resources Committee, where no action has yet been reported. The bill will need to pass committee by March 6 to stay alive in the House.
Independent living:
HB-3322 by Rep. Al Lindley amends the Opportunities for Independent Living Act, which relates to a pilot program for transitioning persons in nursing homes into community living. The bill directs establishment of a program of self-directed services and supports to enable persons with physical disabilities to live independently in the community. It specifies that the agency in charge shall contract with appropriate organizations to implement the program, including such entities as Centers for Independent Living. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB3322_int.rtf. A substitute bill was adopted by the Subcommittee on Social Services. The bill is set to be heard by the House Human Services Committee on March 3.
Disability parking legislation:
Bills amending current disability parking provisions include HB-3343 by Rep. Mike Thompson, which adds tag agencies as entities which can issue disability parking placards. This bill was assigned to House Rules where no action has yet occurred. Another measure is SB-1384 by Sen. Don Barrington, which eliminates the $1 fee for the disability parking placard issued by the Department of Public Safety. SB-1384 has passed the Senate on a 45-0 vote. Also introduced was SB-1494 by Sen. Patrick Anderson, to authorize tag agents to renew disability parking placards. A substitute version of this bill was adopted in committee. It now also includes elimination of the $1 fee for disability parking placards. Another bill is HB-2599 by Rep. Paul Wesselhoft, which provides that after January 1, 2009, handicapped parking spaces must also be marked with signage stating “Reserved parking.” HB-2599 was sent to the House Human Services Committee, which has not acted on it to date.
Other bills of interest:
Home energy assistance
SB-1583 (Gumm) Appropriating $5 million from monies remaining in the General Revenue Fund for the year ending June 30, 2007, to go to the Low Income Home Energy Assistance Program. As introduced: http://webserver1.lsb.state.ok.us/2007-08SB/SB1583_int.rtf. This bill is dead.
Elderly and disabled persons; increasing penalties for crimes against vulnerable adults
SB-1600 (Justice) Amending state law on assault and battery. Providing that when the victim of assault or battery is an elderly or incapacitated person, the offense shall be punishable as a felony. If no specific felony penalty is specified for the particular offense, then the penalties on conviction shall be up to two years in prison, a fine of up to $2,500, and any further penalties that may arise from provisions of the Elderly and Incapacitated Victims protection Act. Greater penalties are set for the crime of aggravated assault and battery against an elderly or incapacitated person. As introduced: http://webserver1.lsb.state.ok.us/2007-08SB/SB1600_int.rtf. This bill has passed the Senate Appropriations Committee with its title stricken.
Veterans; disabled veterans
SB-1846 (Jolley) Directing the Department of Veterans Affairs to implement a veterans benefits hotline and a website providing for instant online communication with the Department..
As introduced: http://webserver1.lsb.state.ok.us/2007-08SB/SB1846_int.rtf. Passed the Senate Appropriations Committee with title stricken.
Tax exemption
SB-1135 (Garrison) Enacting the Joey Fast Excise Tax Exemption Act; exempting vehicles purchased by an individual with a physical disability from motor vehicle excise tax.
As introduced: http://webserver1.lsb.state.ok.us/2007-08SB/SB1135_int.rtf. This bill is dead.
Websites:
Oklahoma Senate: www.oksenate.gov
Senators: http://www.oksenate.gov/senators.htm
Text of bills: http://webserver1.lsb.state.ok.us/Webapplication1/webform1.aspx
Bill tracking: http://webserver1.lsb.state.ok.us/WebBillStatus/main.html
Oklahoma House of Representatives: www.okhouse.gov
Representatives: http://www.okhouse.gov/Members/MemberListing.aspx
For Information Contact
Jean Jones
DVR/DVS Legislative Information Representative
Department of Rehabilitation Services
405-951-3488
jjones@okdrs.gov