Oklahoma House of Representatives
Mike W. Ray, Media Division Director
February 24, 2004

OKLAHOMA CITY -- The House of Representatives waded into several high-profile debates in the past week, including evolution, bilingual teacher training, "standstill" appropriations to state agencies, ad valorem and capital gains tax relief, literally making prisoners pay their debts to society, health care, and coping with outbreaks of animal
disease.

On Feb. 23 the House began three weeks of lengthy floor sessions, debating and voting on bills and resolutions that received "do pass" recommendations recently from House committees. March 11 is the deadline for the full House to vote on those 403 measures, which means the Representatives will have to consider more than 33 bills and resolutions each of the 12 legislative days during those three weeks. Actually, the
average daily requirement will be even higher, because several dozen appropriation "shell" bills bypassed the committees and were assigned directly to the House calendar, and those bills will have to be voted on, as well.

EVOLUTION DISCLAIMER
RESURRECTED
An evolution disclaimer for school science textbooks has avoided extinction. The proposal, which passed the House last year but languished in the Senate, has been resurrected this year in the House of Representatives.

An amendment attached to House Bill 2194 would require a repudiation to be placed in any book which the State Textbook Committee approves for the classroom teaching of evolution.

As introduced, HB 2194 would alter the format in which publishers could provide Braille and other versions of instructional materials for use in public school districts, particularly the state School for the Blind.

The amendment stipulates that the Textbook Committee would "determine which textbooks shall include" the proposed evolution disclaimer. If the publisher failed to print a disclaimer in a book, the Textbook Committee "shall be responsible for ensuring the disclaimer is inserted into any textbook authorized for use in public schools of
Oklahoma."

The disclaimer declares, in part, "This textbook discusses evolution, a controversial theory which some scientists present as a scientific explanation for the origin of living things, such as plants and humans. No one was present when life first appeared on Earth.

Therefore, any statement about life's origins should be considered as theory, not fact..."
The statement continues, "There are many unanswered questions about the origin of life which are not mentioned in your textbook. . . " The disclaimer then suggests that students should "...study hard and keep an open mind. Someday you may contribute to the theories of how living things appeared on Earth."

The amended HB 2194 passed the House without dissent and was delivered to the Senate.

The author of the amendment to House Bill 2194 proposed the disclaimer last year in House Bill 1504, but that measure died in the House Committee on Common Education. Subsequently he attached the disclaimer as an amendment to Senate Bill 346; the Senate accepted the amendment but rejected the bill.

The author of the amendment said his proposal is the direct result of a ruling four years ago by State Attorney General Drew Edmondson that the Textbook Committee does not have the statutory authority to require textbooks in Oklahoma to carry an evolution disclaimer.

The ruling was issued after a member of the state Textbook Committee tried to require all new biology textbooks used in public schools in Oklahoma to carry an evolution disclaimer.

Later that year the House adopted an amendment that would have given the Textbook Committee authority to insert an evolution disclaimer into public school textbooks. However, the Senate stripped the amendment from the bill and subsequently the measure died in the House.

YOU'RE in the U.S.,
SO SPEAK ENGLISH
A measure that would have compelled the state Education Department to train more bilingual teachers was trounced by the House, but not before almost three-quarters of the Representatives expressed their opinion that English should be the official language of Oklahoma.

House Bill 2601 would have instructed the Education Department to sponsor training sessions designed to "provide teachers with language development skills and knowledge necessary to teach students who have limited English proficiency or for whom English is a second language..."

The author of the bill said an estimated $3.6 million would be spent to train teachers to work with youngsters for whom English is a second language.

Opponents argued that the proposal would be yet another burden on teachers and school districts. They also questioned whether the legislation might cost much more than had been estimated; a fiscal analysis indicated 10,000 teachers would each receive 30 hours of training.

And one Representative asserted that when immigrants come to the U.S., "they are supposed to integrate so they can become part of our society." In response, the House voted 74-21 to adopt an amendment declaring English to be the official language of Oklahoma.

Nevertheless, the House rejected the revised bill, 36-58.

TEACHER BENEFIT BOOST
The amount of each teacher's health insurance premiums paid by the State of Oklahoma would be elevated to full coverage by House Bill 2662.

The amount paid by the state is 58 percent now, but is slated to increase by one-fourth, to 83 percent, in Fiscal Year 2005. HB 2662 would boost the state share to the entire 100 percent for all teachers who participate in the Oklahoma State and Education Employees Group Insurance Board plan, as well as teachers in school districts that are self-insured.

The Speaker of the House, principal author of the proposal, said that boosting the state's share from 58 percent to the full 100 percent would cost an additional $64 million in FY 2005. Although the Governor has proposed paying the increase from gambling proceeds, the Speaker indicated he believes the extra benefit can be financed through the General Revenue Fund.

The House approved the measure, 98-0, and transmitted it to the Senate.

PRELIMINARY FUNDING
APPROVED
A bill intended to ensure that state government continues in a seamless manner was approved by the House of Representatives in a split vote, 79-18.

House Bill 2007 is a general appropriation bill that would allocate $5.3 billion to state government, a 3.8 percent increase over the state budget for the current Fiscal Year 2004. The GA bill, which is provided for in the state Constitution, appropriates "baseline" funding to all three branches of government: legislative, executive and judicial.

HB 2007 marks the return of the GA bill for the first time in three years. Last year and year before last the Legislature approved a host of separate appropriation bills for the various agencies.

Among its myriad provisions, HB 2007 would:
* Boost the appropriation for common education to more than $2 billion. The Legislature appropriated $1.95 billion to public schools for the current school year.
* Underwrite the entire expense of teacher health insurance costs.
Currently the state pays 58 percent, and that ratio is already scheduled to increase to 83 percent later this year.
* Appropriate an additional $25 million to the Corrections Department. That agency received $373.9 million for FY 2004, which amounted to an 8.3 percent budget cut. Corrections has an employee vacancy rate of about 20 percent, agency spokesman Jerry Massie said;
the department has approximately 1,150 vacancies, including almost 600 in its correctional officer ranks, records reflect.

* Restore full funding to the portion of the Rural Economic Action Plan (REAP) that is allocated to 11 regional councils of government (COEDD, ASCOG, SWODA, EODD, SODA, OEDA, NODA, KEDDO, ACOG, INCOG, and Grand Gateway). Previously the "CoGs" received $14.5 million per year to spend on public infrastructure improvements in smaller communities across the state, but their share was slashed to $6 million last year
because of a dramatic decline in tax receipts.

* Appropriate more than $800 million to higher education, compared to $768 million appropriated to state colleges and universities for FY 2004.
* Authorize $36 million in supplemental funding for FY 2004, including $2.1 million to preserve the level-one trauma center in Oklahoma City through the end of June, plus $2.5 million for the Oklahoma Higher Learning Access Program.

OHLAP is a unique program the Legislature established to help eighth, ninth and tenth grade high-school students pay for their college education if their family's income is $50,000 or less.

To make sure the students prepare for college while still in high school, the program requires them to take and pass certain high school courses. Besides maintaining good grades, participants also must avoid trouble such as participating in gangs, ingesting drugs or drinking alcoholic beverages.

Once an applicant achieves the program's goals, OHLAP will pay the high school graduate's resident tuition at an Oklahoma public two-year college or four-year university. It also will cover at least part of tuition at an accredited private college or university in Oklahoma, or at a career technology center that offers college credit for certain programs. The scholarship does not pay for items such as books, supplies, room and board or any other special fees.

Reportedly more than 24,000 students in grades 8-12 are enrolled in OHLAP.

TAX RELIEF
The House gave tentative approval to a capital gains tax cut. House Bill 2379 passed, 94-3, but its title was stricken, indicating it is destined for a House/Senate conference committee for negotiation. The bill, which proposes to cut capital gains taxes in half, would cost the state treasury $51 million, analysts calculate.

The House took a big stride toward property tax relief for all homeowners, especially senior citizens.

The House approved House Joint Resolution 1046 and House Joint Resolution 1060, both of which would raise the threshold at which property taxes for senior citizens are frozen.

The ad valorem tax freeze was authorized in State Question 677, a constitutional amendment Oklahomans approved in 1996; the freeze was established for any person 65 and older who has a gross household income of $25,000 or less.

HJRs 1046 and 1060 propose a constitutional amendment in which the threshold for seniors would be tied to the federally established median income for each county. The author of one of the measures said that amount would be $51,300 in Oklahoma County and $52,100 in Tulsa County.

An amendment the House adopted would widen the proposal to include tax relief for every homeowner. The amendment would limit increases in assessed valuation to a maximum of 1 percent a year for citizens 65 and older, and no more than 2 percent for every other residential property owner.

State Question 676, another constitutional amendment adopted in 1996, limited increases in fair cash value of real estate to a maximum 5 percent annually. County assessors have interpreted that as allowing, or even requiring, them to raise property taxes 5 percent every year.

House Joint Resolution 1060 and House Joint Resolution 1046 both were approved by the House without opposition and were referred to the Senate.

EXTENDING 3-TIERED TAX
The three-tiered gross production tax on oil would be extended for another three years, through June 30, 2007, by House Bill 2371.

When the price of crude oil is at or above $17 per barrel, the gross production tax rate is 7 percent. When the price of oil is below $17 but at or above $14, the tax rate is 4 percent. When the price of oil slips below $14 a barrel, the tax rate plunges to 1 percent.

The Legislature authorized the adjustable rate in early 1999 to provide the energy industry with some relief after world oil prices experienced a sharp drop; the incentive was renewed in 2001 but is scheduled to expire this summer.

The multi-tiered tax rate schedule was adopted because, when the price of oil falls, operators are forced to plug wells that become a liability. The lower tax rate was established to encourage operators to keep their wells in production despite low prices, thereby ensuring those wells are still in operation when prices climb again, as well as
preserving jobs and generating revenue for both the operator and the state.

IF FEDS WON'T FUND IT, SCRAP IT
Oklahoma has joined the parade of states complaining that Congress is not funding the "No Child Left Behind" education law at sufficient levels.

House Concurrent Resolution 1052 praised some provisions of the federal law, but called on Congress to modify other elements of the law.

However, the Oklahoma House of Representatives enthusiastically embraced an amendment which declared, "In view of the fact that education is not part of the enumerated powers of the federal government, and Congress is not properly funding NCLB, Congress should repeal the law."

The amended resolution breezed through the House and was referred to the Senate.

BE CAREFUL
AROUND the KIDS
When making decisions "relating to custody, foster care or guardianship of or visitation with a child," a judge would be required by House Bill 2521 to evaluate the capability of the adult "to protect the child from non-accidental exposure to substances declared dangerous or hazardous..."

The author of the measure said such substances could include drugs, ethamphetamine, radioactive materials, paints, alcohol, anything flammable, etc.

The bill passed the House, 82-15, and was referred to the Senate.

A LITERAL 'DEBT to SOCIETY'
Anyone locked in a municipal or county jail for any offense whatsoever could be required by House Bill 2295 to pay for the costs of his/her incarceration, before and after conviction.

"Costs of incarceration" would include the actual costs of booking, receiving and processing out, housing, food, clothing, medical and/or dental care, and psychiatric services, up to $3,000.

The author of the bill said his measure would ensure that city and county jails would get some of the proceeds from the fines and court costs that lawbreakers are compelled to pay. The author estimated the average daily cost of incarceration in a municipal or county jail at $30 to $35.

Costs of incarceration "shall be a debt of the inmate" that is owned to the municipality, county, or other public entity responsible for operation of the jail in which the prisoner is or was confined, and could be collected just like "any other civil debt or criminal penalty,"HB 2295 decrees.

Opponents criticized the bill as discriminatory and counter-productive, arguing that:
* Indigent suspects would languish in jail, but defendants with financial means would bond out; therefore, the jail bill would be much higher for the former than for the latter.
* Prisoners who get out of jail might not be able to stay out of jail because the city or county would saddle them with an unbearable burden of more bills to pay. "This could be a vicious circle," one opponent said.

* Fees that are charged to jail inmates often are paid not by the prisoners but by their families.

The author of the bill insisted that prisoners can appeal to a judge for a hardship exemption from court costs and fees. The author also emphasized that the jail fees would be imposed on people who break the law, not those who abide by it; he maintained that those who violate the law, not the taxpayers, should pay the costs of their incarceration.

A majority of Representatives agreed. The bill cleared the House, 55-44, and was referred to the Senate.

TRANSPORTING FIREARMS
House Bill 2122 would bar any property owner, tenant, employer or company from establishing any policy or rule "that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle" that is on any property "set aside for any vehicle," such as a parking lot.

The bill passed the House, 92-4, and was sent to the Senate.

RURAL HOUSING NEEDED
The amount of funding dedicated to development of housing in smaller areas of Oklahoma would be increased by House Bill 2291.

A portion of the Oklahoma Private Activity Bond Allocation is earmarked for the Oklahoma Housing Finance Agency. HB 2291 would increase -- to 35 percent from 25 percent -- the OHFA bond pool allocation that is reserved for "origination of single-family loans" in counties that have 300,000 or fewer residents.

Affordable housing is a high priority among people who move to rural areas but cannot find a home for workers and their families.

Making more housing available and affordable in rural Oklahoma was one of the key recommendations of the Rural Area Development Task Force.
HB 2291 passed the House in a split vote, 78-21, and was referred to the Senate.

KEEP CONFLICTS
OUT of COURTS
The "Construction Defect Remediation Act," a measure designed to resolve disputes out-of-court, passed the House in a split vote, 78-21.

House Bill 2136 is intended to bring homeowners, contractors and architects together in order to reach an agreement about complaints of defects in workmanship before a dispute is referred to a civil trial.

The home purchaser, contractor and architect would be urged to hammer out any disagreements they have about alterations or repairs made to a residence. Any litigation arising from construction defects would be limited to actual damages and could not exceed the reasonable cost of necessary repair or replacement of materials.

EMERGENCY RULE MODIFICATION
The post-9/11 environment with its potential perils has prompted the Oklahoma House to endorse modification of state law concerning the circumstances in which a state agency can promulgate emergency administrative rules.

An agency is authorized to adopt an emergency rule, amendment or revision, or revoke an existing rule, if the agency "finds that an imminent peril exists to the preservation of the public health, safety or welfare, or that a compelling public interest" necessitates such an action.

House Bill 1018 would modify that law by allowing an agency to enact an emergency rule if it determined that:
* an immediate peril exists to the preservation of the public peace, health, safety or welfare;
* a time limitation established by the state Legislature, by a federal statute or regulation, or a state or federal court, requires an emergency rule.
Additionally, the chief administrative officer and a majority of any agency body that has rulemaking authority would have to attach to its emergency rule an affidavit explaining why it adopted the fiat.

"Because the exercise of emergency rulemaking power precludes the people's right to prior notice and participation in the operations of their government, it constitutes the exercise of extraordinary power requiring extraordinary safeguards against abuse," HB 1018 declares.

Consequently, an emergency rule could be promulgated "only in circumstances that truly and clearly constitute an emergency..." State law specifies that the Governor has 45 days to review any emergency rule, and the Legislature has the power to ultimately reject any agency rule.

HB 1018 was approved by the House, 99-0, and was transmitted to the Senate.
QUARANTINE the COWS and SOWS,
KEEP the CHICKENS COOPED UP
A proposal for coping with potential outbreaks of animal disease such as "mad cow" or avian flu trotted through the House of Representatives unchallenged, 95-0.
House Bill 2217 would allow a licensed managed feeding operation (LMFO) or a concentrated animal feeding operation (CAFO) to exceed its authorized capacity if:
* an animal that is confirmed or suspected of being diseased is found at the facility;
* the owner of the facility has reasonable cause to believe one or more of his animals has or may have a disease that would cause a public health emergency, a substantial and imminent economic hardship to the owner or to animal herds throughout this state, or if the state Board of Agriculture issues an order imposing temporary restrictions or a
quarantine restricting the movement of people, livestock, machinery and personal property out of a licensed managed feeding operation.

Under no circumstances could the facility's animal unit capacity be exceeded for more than five days after a "confirmatory test" indicating whether an animal is or is not diseased. The bill mandates that a confirmatory test would have to be performed within 20 days of discovery of a diseased or potentially diseased animal at the facility.

A producer is not likely to wait three weeks to get such a test performed; he/she will submit the animal to testing as quickly as possible, the bill's author asserted. The 20-day limit was incorporated into the bill simply because there is no time limit imprinted in state law now, he said.
"Anything we can do to ensure the safety of the food chain is beneficial to the public," the author added.
State law defines a LMFO as a hog farm of more than 1,000 animal "units": 2,500 hogs that weigh more than 55 pounds each, 10,000 hogs that weigh less than 55 pounds apiece, or a combination of the two. A CAFO is any high-volume animal feeding operation but typically refers to cattle or the 13 wet-waste poultry farms in Oklahoma.
TAKE TAX OFF TICKETS
For Oklahoma to be competitive with other states, admission tickets to collegiate sports championship events should be exempt from state sales taxes, House members contend.

House Bill 2292 would exempt from state sales tax any tickets for admission to a collegiate athletic event "that is held in a facility owned or operated by a municipality or a public trust of which the municipality is the sole beneficiary and that actually determines or is part of a tournament or ... process for determining a conference
tournament championship, a conference championship, or a national championship."

Oklahoma City and Tulsa vie with Dallas and Kansas City for conference, regional and national championships in college sports such as basketball, football, baseball and wrestling, the bill's author pointed out. "We charge sales tax on ticket sales to NCAA and NAIA championship events, but Dallas doesn't," he noted. "That handicaps us."
Moreover, HB 2292 would be "a tax revenue generator," the author predicted. "The average fan will spend at least $200 a day" at an athletic event; consequently, any loss in sales tax on the tickets would be recouped from purchases of food and beverages, souvenirs, clothing such as sweatshirts and caps, as well as hotel/motel room rentals and gasoline/diesel fuel purchases.

The House dunked the proposal, 96-1, and tossed it to the Senate.

HUNTING WILD HOGS
A land owner or lessee would be allowed by House Bill 1860 to hunt feral hogs at night, without a license, "to protect crops from damage" by the animals. Under existing law, a land owner or lessee must have a "depredation permit" from the state Department of Wildlife Conservation to legally hunt feral hogs "to control nuisance or damage..." The permit costs the hunter nothing but must be approved by a game warden or biologist, said Dennis Maxwell, the department's assistant chief of law enforcement. The wild hogs can be hunted any time throughout the year except during deer gun season and muzzle loader season, he said.

HB 1860 passed the House, 95-1, and was routed to the Senate.

2 ASPIRINS WON'T CURE THIS
A council to "provide advice and recommendations with respect to pain management policy" would be created by House Bill 2305.
The 18-member panel would delve into matters such as:
* acute and chronic pain management treatment practices by health care providers throughout Oklahoma;
* state laws and rules pertaining to pain management therapies;
* the sanction and use of alternative therapies;
* acute and chronic pain management education provided by medical, nursing, pharmacy, and dental schools in Oklahoma;
* development of a pain management compendium;
* acute and chronic pain management needs of children and adults alike, especially nursing home residents.
"It is the intent of the Legislature," HB 2305 declares, "that pain experienced by nursing home residents be assessed and treated promptly, effectively, and for as long as pain persists." The bill also would mandate that effective July 1, 2005, pain would have to be included "as an item to be assessed at the same time as vital signs are taken" in any nursing facility in Oklahoma.

The State Advisory Council on Pain Management would be expected to submit its recommendations to the Legislature by April 1, 2005.

HB 2305 passed the House unopposed and was sent to the Senate.

SAFE SOURCE of STEM CELLS
House Bill 2306 would require hospitals to inform pregnant mothers of the option to donate their umbilical cord blood to a publicly accessible "bank." The measure surged through the House unchallenged.

The blood cells stored inside umbilical cords are thrown away after most births, before mothers realize its potential to save lives.

According to the American Academy of Pediatrics, a nearly perfect tissue match is needed for a bone marrow transplant to be successful.

Ninety-five percent of recipients who decide to undergo a bone marrow transplant wait approximately 16 months for the procedure, and many die awaiting a matching donor.
Bone marrow is valued for treatment of leukemia and other blood disorders because it contains blood stem cells, which are able to produce new blood cells continuously. Blood retrieved from the umbilical cord is a rich source of stem cells, too, and is easier to collect.
The March of Dimes foundation reports that ounce for ounce, there are nearly 10 times as many blood-producing cells in cord blood as there are in bone marrow. In addition, cord blood stem cell transplants can be successful even with partial tissue matches. Further, use of umbilical blood is risk free; a bone marrow donor must submit to surgery, but stem cells can be collected at the time of delivery and stored for use.

HB 2306 provides that a mother could donate her cord blood to a publicly accessible certified cord blood bank "at no expense to the patient or hospital." Participation would be purely voluntary, not compulsory, the bill decrees.

The bill is entitled the "Danielle Martinez Act" in honor of a 7-year-old leukemia patient who died Jan. 1, 1995, of complications from a bone marrow transplant.
HB 2306 passed the House, 99-0, and was delivered to the Senate.

A MATTER of GRAVE CONCERN
Unused burial plots could be sold again, if House Bill 2504 becomes law.
The principal author of the measure said that in his predominantly rural district, some cemetery plots were sold years ago and apparently have been forgotten. Some of the abandoned plots are more than 75 years old, he said.
HB 2504 would establish guidelines under which an abandoned burial plot could revert to private or public cemetery use. The site could not be reclaimed unless 75 or more years had passed since the last recorded activity on the space and a "reasonable search" for heirs and beneficiaries had been conducted.

The cemetery would be required to send a letter of notice to the last known address of the property owner of record, if it is known. The cemetery also would be required to publish in a newspaper, for three weeks, a description of the abandoned space.
If no person could prove ownership of the burial space within one year of the publication, the burial space would be deemed abandoned and ownership would transfer to the cemetery.

HB 2504 stipulates that if a person were to come forward with a legitimate claim to a burial space after it had been sold or used by the cemetery, the claim would be resolved by having the cemetery issue "an equal burial space in an equivalent location."

The legislation passed the House, 96-0, and was sent to the Senate.

MOVE OVER, WELCH'S and GALLO
The state Grape Resources and Wine Production Act would be created by House Bill 2219.
Its purpose would be to develop programs that enhance grape and wine production and research, raise the profitability of Oklahoma grape and wine products, stimulate rural economic development, and boost tourism.

Within three months after a 12-member Grape and Wine Commission was empaneled, a fee of $15 per ton of grapes sold or bartered in Oklahoma in "commercial channels," regardless of whether the fruit was grown in this or another state, would be assessed against the grapes producer or seller.

Also, a fee of 10 cents per gallon would be assessed against every gallon of bottled wine or grape juice, and each gallon of bulk wine or grape juice, that is sold by an in-state or non-resident wine seller to a licensed Oklahoma distributor, regardless of whether the beverage was manufactured in Oklahoma.
The proceeds would be spent by the Grape and Wine Commission "for the benefit of the grapes producers, and grape juice and wine manufacturers in this state..."
HB 2219 squeezed through the House in a split vote, 62-37, and was referred to the Senate.
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