A flurry of bills in a wide range of topics – including education, health, abortion, patriotism, public safety and others – are progressing through the ongoing session of the Oklahoma Legislature.
Some political issues concerning elections, patriotism and honoring the Founding Fathers gained approval last week.
Election laws
The Senate supported legislation prohibiting any state official, agency or local government from altering election procedures through legal agreements or court settlements that conflict with state election law.
Sen. Lonnie Paxton, R-Tuttle, said he authored Senate Bill 523 to protect the integrity of Oklahoma elections by preventing the questionable and unethical election actions that took place in other states during the 2020 presidential election.Paxton said he was also concerned with growing efforts at the federal level to control state elections.
“Currently, the federal government is already working on legislation, H.R. 1, to take over control of state elections. This bill would directly impact and destroy the reforms we’ve passed in recent years to protect the integrity of our elections, like verifying voter identity,” Paxton said.
SB 523 passed along party lines, 37-8.
Jefferson Route
The Senate has approved Senate Bill 8, which would designate the route that largely follows State Highway 69 in Oklahoma as the “Historic Jefferson Highway Route.” The measure is authored by Sen. Micheal Bergstrom, R-Adair.
Established in 1915, the Jefferson Highway is the oldest highway to pass through Oklahoma and spans the state from the Kansas to Texas borders. This highway cuts through the heart of the Louisiana Purchase Territory and is named after President Thomas Jefferson for his role in the transaction.
The Jefferson Highway was one of the earliest automobile highways in the United States. Spanning 2,300 miles from Winnipeg, Canada, to New Orleans, it was completed nearly 10 years before Route 66.
‘In God We Trust’
A bill that would require the national motto of “In God We Trust” to be displayed on all state government buildings passed the House.
House Bill 2085, authored by House Speaker Charles McCall, R-Atoka, and Speaker Pro Tempore Terry O’Donnell, R-Catoosa, would require the display of the motto to be prominent and in keeping with the one in the U.S. Capitol Visitor’s Center.
In debating for the measure on the House floor, O’Donnell pointed out that the United States Congress has reaffirmed “In God We Trust” as the national motto several times in recent years since the motto was first adopted by President Dwight D. Eisenhower in 1956. The last affirmation came in 2011 with a vote of 396-9.
HB 2085 is a revision of a measure that passed last year in the House by a wide majority but did not make it through the legislative process because of pandemic interruptions. The legislation last week passed with a vote of 81-19.
The measure received no Democrat votes.
Convention vote
Sen. Rob Standridge, R-Norman, has won approval from the full Senate for Senate Joint Resolution 23, calling for an Article V Convention of States to propose amendments to the U.S. Constitution. Standridge has advocated for a Convention of States for several years, and worked closely with the late U.S. Senator, Tom Coburn, on the issue.
“I was incredibly honored to work with my friend, Dr. Coburn, on getting this resolution originally passed a few years ago, and very proud of the book we worked on together, Smashing the DC Monopoly, on this very topic,” Standridge said.
Standridge said there are two ways amendments to the Constitution can be proposed, either through a two-thirds majority of Congress or a two-thirds majority of the states.
SJR 23 now moves to the House for further consideration.
Standridge said he encouraged all states to pass a Convention of States Article V resolution.
Abortion bills
At least two more bills aimed at slowing down but not abolishing abortion in Oklahoma have progressed through the Oklahoma Legislature.
Ob/gyn mandate
The House approved legislation to require any physician who performs an abortion in the state to specialize in obstetrics and gynecology and be board certified.
House Bill 1904 was authored by Rep. Cynthia Roe, R-Lindsay, a nurse practitioner with 37 years of experience.
Roe, who serves as chair of the House Public Health Committee, said under current statute, abortions can be performed by any licensed physician in the state of Oklahoma.
“House Bill 1904 not only protects the life of unborn babies, but also protects the health of mothers,” Roe said. “There is no doubt that this procedure, when it is performed, is best performed by physicians who have the education and training to better handle an emergency or adverse effects that may arise during or after the procedure.”
Heartbeat bill
State Rep. Todd Russ, R-Cordell, won committee passage of a bill that would stop abortions from being performed once an unborn child is determined to have a detectable heartbeat.
House Bill 2441 passed the House States Rights Committee with a vote of 5-1.
“This bill is about protecting the most vulnerable – the unborn child,” Russ said. “Hearing a heartbeat confirms what everyone already knows: these are living babies, not clumps of tissue that feel nothing. This is one among a series of measures designed to protect and save unborn lives.”
HB 2441 would only allow for abortion if the attending physician has certified in writing that a pregnancy is “medically futile” or when a medical emergency exists that threatens the life of the mother.
The measure also would require any facility where abortions are performed to post a sign in a conspicuous place stating that it is against the law for anyone to force another person to have an abortion and that abortions induced by medication using a two-step process may be reversible if the second dosage has not been taken.
Education bills
Several education bills are advancing through the Legislature.
Tribal affiliation
A bill that would require the State Board of Education to collect information about a student’s tribal affiliation passed the House unanimously with a vote of 94-0.
Along with the current list of student data the board already collects, House Bill 1104, authored by Rep. Mark Vancuren, R-Owasso, would include tribal affiliation for students identified as having American Indian heritage. By fully tracking tribal affiliation, schools can make sure they are receiving all available federal funds for Indian students through Title VI and the Johnson O’Malley program.
“We have 39 federally recognized tribes in Oklahoma and other tribal nations as well,” Vancuren said. “This data will assist schools in meeting the needs of our tribal citizens, as well as help us better understand the cultural makeup of our schools.”
School refunds
Rep. Ryan Martinez, R-Edmond, won committee passage of a bill that would grant $1,000 refunds to any parent or guardian of a child enrolled in prekindergarten through 12th grade at any Oklahoma public school.
House Bill 1927 would allow the payments from the state’s General Revenue Fund upon the bill’s effective date, Nov. 1, 2021.
“Many of our public schools were closed to in-person learning for much of last spring, and some have not yet re-opened this school year,” Martinez said.
“This left parents scrambling for other options such as paid childcare or forced them to either quit their jobs or alter their work schedules, all at a loss of personal income. These people pay tax dollars to fund public education, but when such education is not available, they should be recompensed.”
The bill passed out of committee with a vote of 29-1.
Modify teaching exams
The Senate approved legislation by Sen. Carri Hicks to modify teaching exam requirements and better support nursing mothers in Oklahoma schools.
Senate 51 removes the requirement for the completion of the Oklahoma General Education Test (OGET) for all pathways to certification, and the Oklahoma City Democrat said the test is an expensive, time consuming and unnecessary requirement.
“This exam is a duplication of testing since we now use the ACT or SAT as college admittance exams. Therefore, we need to remove this roadblock to help attract and retain outstanding teachers in our classrooms,” Hicks said.
Currently, individuals seeking teacher certification must pass the OGET, the Oklahoma Professional Teaching Examination (OPTE) and the Oklahoma Subject Area Test (OSAT) for each area in which they want to become certified.
The Senate also passed SB 121 directing local school boards of education to adopt policies allowing school employees who are nursing to have protected breaks to pump.
State boards will also be required to make a reasonable effort to provide a private, sanitary room for employees to express milk or nurse their child.
Advanced degree change
The Oklahoma House passed legislation to exempt K-12 teaching candidates who hold advanced degrees from subject area exemption.
House Bill 1796 is authored by Rep. Nicole Miller, R-Edmond. It allows the State Board of Education (SBE) to exempt a teacher from taking a subject area exam if the teacher has an advanced degree in the subject that is comparable to the content on the subject area exam.
Miller said the Office of Educational Quality and Accountability (OEQA), which is the accrediting body for colleges of education, supported SB 1115 last year and is supportive of HB1796 as well.
Helping new teachers
A bill that would add support (MTSS) to help new teachers before they enter the classroom passed unanimously in the House.
House Bill 1773, by Rep. Sherrie Conley, R-Newcastle, would require the MTSS framework to be included in teacher preparation programs.
Conley, a former teacher and school administrator, said family involvement is promoted in this framework, which engages parents and reduces absenteeism to help improve academic and behavioral outcomes.
Easing student transfers
The Senate approved Senate Bill 783, by Sen. Adam Pugh, R-Edmond, which modifies the Education Open Transfer Act to allow students to transfer to another public school district year-round.
“No other state service is based on geography except K-12 education. We’re also not told where we can go to the doctor, to church or to shop; and it’s time to stop telling parents where their kids have to go to school,” Pugh said.
Under SB 783, beginning Jan. 1, 2022, a student can transfer up to two times per school year to any public school district as long as the district has not exceeded its transfer capacity for that grade level and the student has no discipline or truancy issues. If the number of transfer applications exceeds a district’s capacity, applications will be considered on a first-come, first-served basis.
“Currently, there are only two short transfer windows available for students, and most of those requests are denied. The current system is too complicated and leaves families stuck because there is no opportunity to appeal their denied requests,” Pugh said.
Student borrower data
The Senate approved Senate Bill 261 to protect student borrowers looking to further their education. The measure is authored by Sen. John Michael Montgomery, R-Lawton.
SB 261 would direct the attorney general to prepare a written statement including an “Oklahoma Student Borrower’s Bill of Rights,” which must include plain and clear language prohibiting any student loan servicer from engaging in any act that misleads, deceives or defrauds student borrowers.
A 2018 study conducted by the non-profit Student Debt Crisis found that more than one in three student loan borrowers had difficulty assessing information about their loans and repayment status.
The study also found nearly 60 percent of borrowers experienced unclear guidance about their repayment situation.
“According to the National Council of State Legislatures, the average borrower that attended a public college or university owes about $25,000 after graduation,” Montgomery said. “Even further, nearly 10 percent of borrowers have student loan balances of more than $80,000. The bottom line is, these students need to know what they are getting into prior to taking out these loans, and the Student Borrower’s Bill of Rights is a great first step to assist with transparency in this process.”
Sex trafficking details
A bill that would help educate public school and college students on the dangers of sex trafficking and exploitation passed the House.
House Bill 2396 by Rep. Todd Russ, R-Cordell, would make well-defined sex trafficking prevention awareness materials available to students in grades seven through 12 in Oklahoma public schools and to their parents, and would require state universities and colleges to provide the material during freshman orientation and/or two other times during the academic year.
“Our young people need to be made aware of the dangers that exist in our world and even in Oklahoma, from people who would seek to do great harm,” Russ said.
HB 2396 is a revision of a measure that passed last year but that did not make it through the legislative process because of COVID.
The measure passed with a vote of 86-6.
The bill now moves to the state Senate where the author is Sen. Brenda Stanley, R-Midwest City.
Student information bill
House Bill 1875 would prohibit the release or sale of student directory information. Rep. Tammy West, R-Oklahoma City, said the bill strengthens and clarifies the language in statute, removing all doubt of how student information is to be protected and kept private.
This will help keep students safe from potential predators, she said.
She worked with both the Oklahoma Press Association and the State Dept. of Education to draft the legislation.
Assisted living legislation
Some legislation targeting better conditions for people in assisted living facilities is working through the legislative process.
Access for caregivers
House Bill 1677, authored by Rep. Marilyn Stark, R-Bethany, states that long-term care facilities and assisted living facilities must allow each resident to designate one or more compassionate caregivers, granting them in-person visits.
If access to the facilities is restricted at any time to protect resident health and safety, precautions must be taken by the facilities to ensure designated compassionate caregivers can visit residents.
“Isolation and depressions is a very real threat to our elderly Oklahomans, many of whom haven’t seen their loved ones since the pandemic began a year ago,” Stark said. “I hope House Bill 1677 will give some peace of mind to Oklahomans who are worried about their loved ones in long term care and assisted living facilities, ensuring their right to see their loved ones.”
Medication precautions
House Bill 1877 requires a resident of an assisted living facility, who is categorized as needing medical assistance and has been prescribed an antipsychotic medication, to be monitored quarterly for adverse effects and that they or their representative remain informed of their condition.
It also requires staff to be trained to be aware of the side effects of antipsychotic use.
Rep. Tammy West, R-Oklahoma City, passed legislation two years ago that tackled this issue in nursing homes. She said the state has seen a significant decrease in the misuse of antipsychotic drugs in those facilities since the bill became law.
NRA, metal theft, etc.
Some bills concerning the NRA, metal theft, victim’s rights and other legal issues are progressing through the legislative process.
NRA to Oklahoma?
The Senate adopted a resolution encouraging the National Rifle Association (NRA) to move its headquarters from Fairfax, Virginia, to Oklahoma. State Sen. Micheal Bergstrom, R-Adair, authored Senate Resolution 6.
The NRA is currently looking to move their incorporation from New York to Texas and are considering moving their national headquarters out of Fairfax.
“It just makes sense for Oklahoma to be the new home of the NRA,” Bergstrom said.
Scrap metal theft bill
The full Senate has given it’s approval to a bill strengthening Oklahoma statutes on scrap metal theft. Sen. Chuck Hall, R-Perry, is the author of Senate Bill 1, the Sgt. Craig Johnson Oklahoma Scrap Metal Dealers Act, in memory of the Tulsa police officer who helped create the bill but was later killed during a traffic stop.
Hall described SB 1 as a comprehensive approach to ensure all relevant laws are in one place in the statutes, making it easier for scrap metal dealers and other buyers to see exactly what is required to comply.
The measure also tightens requirements for seller identification and adds remote storage batteries to the list of regulated materials.
Criminal justice reforms
House Bill 1880, by Rep. Tammy West, R-Oklahoma City, authorizes the Oklahoma District Attorneys Council (DAC) to create a Restorative Justice pilot program. The program would use deferred prosecution agreements to divert offenders away from traditional criminal court.
The program is victim-centered and requires the consent of a victim to refer a case to the program. Trained citizen-led mediation panels come up with a plan for what the offender can do to repair the harm caused by the crime and works with the victim and offender to find solutions. An offender’s plan could range from an apology, to repayment or replacement of a stolen item, or other recommendations aimed at repairing the harm to the victim and giving the offender the chance to make it right.
The measure passed with a vote of 89-1.
Liberalizing liquor laws
Oklahomans may soon be able to purchase alcohol through liquor store drive-throughs thanks to legislation that passed the House Appropriations & Budget Committee with a vote of 22-8.
House Bill 2868, authored by A& B Chair Kevin Wallace, R-Wellston, allows retail spirit licensees to sell alcoholic beverages in their original, sealed containers via drive-thru.
House Bill 2868 is now ready to be heard on the House floor.
Protecting cars in riots
A bill that would protect motorists fleeing a riot and that would update punishments for rioters passed the House Criminal Justice and Corrections Committee with a vote of 3-1.
House Bill 1674 by Rep. Kevin West, R-Moore, would create a new section of law to protect motor vehicle operators fleeing a riot under a reasonable belief their actions were necessary to protect them from serious injury or death.
“Last summer we saw a number of very violent riots both here in Oklahoma and nationwide,” West said. “We had scenarios where motorists were simply trying to extricate themselves or their families or passengers from those very volatile and dangerous situations and yet were barred from doing so and later chastised for trying to harm people blocking their escape routes.”
HB 1674 also adds that every person who unlawfully obstructs shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for a term not exceeding one year, or by a fine of not less than $100 and not exceeding $5,000, or by both such fine and imprisonment. In addition, the person shall be liable for all damages to person or property.
Law against ‘spoofing’
Rep. Danny Williams, R-Seminole, passed a bill to prohibit ‘spoofing,’ which is often used by telemarketers and scammers to disguise a phone call’s origin, through the Oklahoma House of Representatives on Tuesday evening.
House Bill 1891 prohibits a commercial telephone seller or solicitor from causing misleading information to be transmitted to the call recipient’s caller identification service or to otherwise misrepresent the origin of a phone call.
“Spam calls are not only annoying but also incredibly predatory,” Williams said. “Telemarketers and scammers target elderly citizens through many methods, including spoofing, to steal their identities and hard-earned money.”
Williams said spoofing is federally illegal, but the statute is not enforced.