Legislative Updates

From Jean Jones
DVR/DVS Legislative Information Representative

2009 ~ 2008 ~ 2007

February 4, 2008

Rehabilitation Issues Update

Vocational Rehabilitation Legislation and Issues: State bills may impact Oklahomans with disabilities
The Oklahoma Legislature started its 2008 session on February 4th. Newly introduced bills that could affect Oklahomans with disabilities touch on many subjects, including rehabilitation, health, education, transportation, tax policy, accessibility, ADA enforcement, disability parking, state government programs and much more. Following is coverage of some of the disability-related measures recently introduced. For a full list, e-mail a request to jjones@okdrs.gov .

Also remember that some bills stalled last year can be revived again this year, so long as they were not defeated in “final action.” (An example of “final action” would be the defeat of a bill by a committee or full house vote.) One bill that could emerge again is HB-1546 (Winchester; Justice), to establish an OSD regional service center in Chickasha. This bill passed the House last year. It is now in the Senate Appropriations Committee.

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 study the roles and 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. The Department of Rehabilitation Services would be the lead agency in implementing the task force study. 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 designates the Dept. of Agriculture to funnel these funds to AgrAbility, the designation may change to DRS in a future version.) As introduced: http://webserver1.lsb.state.ok.us/2007-08HB/HB3127_int.rtf

Wheelchairs provided by Medicaid:

SB-1886 by Sen. Constance Johnson would create the Consumer Protection Act for Wheeled Mobility. After April 1, 2009, Medicaid recipients who need wheeled mobility devices would have to obtain a specialty evaluation prescribing the equipment features that would work best for the individual. The evaluation would have to be performed by a licensed or certified medical professional (such as a physical or occupational therapist or doctor) with experience in rehabilitation wheelchair evaluation, or a RESNA-certified assistive technology practitioner who may work for a supplier and who directly evaluates the wheelchair needs of the person involved. The Health Care Authority would be directed to issue rules to implement this Act. Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1886_int.rtf

Transportation: 

Oklahomans with disabilities rank transportation as the one issue that impacts all others.

A National Council on Disability report puts it this way: “From a practical standpoint, the inability to drive may be among the most serious disabilities in America today, interfering as it does with almost every major life activity, including getting an education, going to work, obtaining health care, and participating in social, community, religious, and family 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 have potential to advance public transportation resources.

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 

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 

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. This bill also raises the amount going to the ROADS program. It does not change the amount going to public transportation or rail. Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB1870_int.rtf 

SB-2026 by Sen. Jeff Rabon would modify the level of revenue growth that must be expected in order to trigger apportionment of the full amount of funding prescribed for the ROADS Fund. The bill requires estimated state revenue growth of at least 2% rather than the current 3% before the full amount of income tax revenue specified for the ROADS program, passenger rail and the transit revolving fund would become available. Read the bill: http://webserver1.lsb.state.ok.us/2007-08SB/SB2026_int.rtf 

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

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 

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

Discrimination based on disability:

HB-3317 by Rep. Al Lindley gives the Oklahoma Human Rights Commission the responsibility to consider and decide on complaints of discrimination on the basis of disability 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 and sets requirements related to legal action. Read the bill: http://webserver1.lsb.state.ok.us/2007-08HB/HB3317_int.rtf

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

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

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 

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

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).

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 

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

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

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

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 

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 

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 

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.

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 

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

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 

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 

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 

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 

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 

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 

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

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 

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

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: http://webserver1.lsb.state.ok.us/2007-08HB/HB2518_int.rtf 

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 

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

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

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

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. 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. Also introduced was SB-1494 by Sen. Patrick Anderson, to authorize tag agents to renew 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.”

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 

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 

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

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 

Immigration
Several bills have been introduced to amend last year’s immigration law (HB-1804). Some of these bills would tighten state law related to persons without documentation of legal status, while other bills would make exceptions to some HB-1804 provisions or even repeal parts of the law.

To review any or all of the bills featured, request a bill list from Jean Jones, jjones@okdrs.gov .

Websites:

Oklahoma Senate: www.oksenate.gov
Senators: www.oksenate.gov/senators.htm
Text of bills: webserver1.lsb.state.ok.us/Webapplication1/webform1.aspx
Bill tracking: webserver1.lsb.state.ok.us/WebBillStatus/main.html
Oklahoma House of Representatives: www.okhouse.gov
Representatives: www.okhouse.gov/Members/MemberListing.aspx