Legislative Updates
From Jean Jones
DVR/DVS Legislative Information Representative
2009 ~ 2008 ~ 2007
February 29, 2008
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