[Oasfaa] FW: Legislative Update – February 2, 2018

Fri Feb 2 17:06:44 CST 2018

Following is the legislative update for this week.

Memo

To:                  Legislative Network
From:             Chancellor Glen D. Johnson
Date:               Friday, February 02, 2018
Subject:          Legislative Update – February 2, 2018

The update below reflects the current status of major legislation concerning Higher Education during the week of January 29, 2018 – February 2, 2018.

If you have any questions, please contact Todd Pauley at tpauley at osrhe.edu<mailto:tpauley at osrhe.edu> or (405) 824-5896.

Legislative Report
February 2, 2018

Agency Administration

House Bill 2528 (Representative Bobby Cleveland) Allows state employees to pursue civil action in whistleblower cases.

House Bill 2533 (Representative Collin Walke) Increases state minimum wage to $11 an hour.

House Bill 2557 (Representative Dennis Casey) Sets the maximum salary of agency CEOs to be no greater than the salary of the Governor. All increases in salary shall be approved by the Legislature.

House Bill 2812 (Representative Tim Downing) Applies reduction in force notice rules to classified and unclassified employees.

House Bill 2637 (Representative Dustin Roberts) Provides an annualized pay raise of $2,500 for all full-time and part-time officer and employees on July 1, 2018; July 1, 2019; and July 1, 2020.

House Bill 2743 (Representative Perryman) A full time chief executive officer or full time employee from an agency, board, commission, department or program in the executive branch of state government shall not receive any additional compensation if appointed as a cabinet Secretary.

House Bill 2746 (Representative David Perryman) Subjects the State Legislature to the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.

House Bill 2767 (Representative Mike Osburn) Rewrites the Oklahoma Personnel Act.

House Bill 2769 (Representative Mike Osburn) Removes cabinet eligibility from state agency, commission, or board CEOs.

House Bill 2770 (Representative Mike Osburn) Allows the Governor, Pro Temp, and Speaker to remove any of their appointees at any time. (Excludes constitutional appointment authority).

House Bill 2803 (Representative Tim Downing) No state employee or public school employee shall receive a salary in excess of the salary authorized to be paid to the State Superintendent of Public Instruction, unless approved by the State Senate.

House Bill 2815 (Representative Tim Downing) No agency can enter into a contingency-fee contract with a private attorney unless they have approval from the Attorney General.

House Bill 2876 (Representative John Michael Montgomery) Creates Rules and Regulations Review Commission to conduct an independent review of all rules and regulations currently filed in the Oklahoma Administrative Code.

House Bill 2883 (Representative Josh West) Sets maximum salary for full-time agency employees at $120,000 and requires that salary and performance bonuses be approved by the Legislature.

House Bill 2893 (Representative Zack Taylor) Sets the maximum salary of agency employees to be no greater than the Governor’s salary.

House Bill 2911 (Representative Mickey Dollens) Creates the Work-based Learning Program coordinated by the Governor’s Council on Workforce and Economic Development to increase the number of registered apprenticeships and internship programs in the state to an aggregate of 20,000 by the end of 2020. Requires participating partners (State Department of Education, State Department of Career and Technology Education, and the State Regents for Higher Education) to provide time and expertise and to assist publishing an annual progress report showing each state agency's steps and accomplishments toward meeting statewide workforce goals.

House Bill 3054 (Representative Kyle Hilbert) Adds the State Department of Education, the State Board of Education, and the Oklahoma Department of Career and Technology Education to those exempted from the IT Consolidation Act.

House Bill 3138 (Representative Mike Ritze) No state employee can receive a salary greater than 90% of the CEO of that agency, board, or commission.

House Bill 3139 (Representative Mike Ritze) No agency, board or commission CEO can receive a salary greater than the Governor.

House Bill 3140 (Representative Ritze) Sets Governor’s salary to three times the base pay of Legislature, and the Lieutenant Governor’s salary salary at 80% of the Governor’s salary. Sets salary for other agency heads equal to the Governor’s salary.

House Bill 3170 (Representative Jeff Coody) Sets state employee maximum salary as no greater than the salary of the Governor.

House Bill 3208 (Representative Mark Lepak) Allows the Governor to appoint the Lieutenant Governor as a cabinet secretary and reorganizes cabinet, cabinet positions and compensation.

House Bill 3209 (Representative Mark Lepak) Changes Governor’s appointment powers. Proposes certain appointments be made by the Governor and compensation set by such. Removes power to promote from boards of such institutions.

House Bill 3213 (Representative Claudia Griffith) Establishes State Paid Family Leave Act of 2018.

House Bill 3280 (Representative Chris Kannady) Deletes ability of state employees to accumulate more than the maximum annual leave limit, provided that such excess is used during the same calendar year in which it accrues or within 12 months of the date on which it accrues.

House Bill 3332 (Representative Marcus McEntire) Modifies shared leave uses in the Oklahoma Personnel Act.

House Bill 3363 (Representative Sean Roberts) Bans state agencies from ending any program that impacts children, seniors or public safety unless specifically mandated or approved by the Legislature.

House Bill 3587 (Speaker Charles McCall) The Governor shall have the power to remove any gubernatorial appointment on any agency, board or commission at any time.

House Bill 3597 (Speaker Charles McCall) No chief executive officer of any board, commission, department or program in the executive branch of state government shall be eligible for appointment as a cabinet secretary.

House Joint Resolution 1048 (Representative Mark Lepak) Constitutional amendment making offices of State Treasurer, Superintendent of Public Instruction, Commissioner of Labor, and Insurance Commissioner appointed offices.

Senate Bill 876 (Senator Rob Standridge) Cuts legislative liaison positions in favor of auditors positions housed in the Legislative Services Bureau [LSB]. Removes 70 percent of the cost of liaisons and 100 percent of the cost of contract lobbying positions and uses it to pay for the newly created LSB positions.

UPDATE: Referred to Senate Rules Committee then Senate Appropriations Committee.

Senate Bill 909 (Senator Josh Brecheen) Adds to the definition of “incentive” in the Incentive Evaluation Act any transfer of funds by a state agency to a political subdivision other than a direct apportionment of state revenues as provided by law or funding of a project pursuant to a program administered by the agency which includes specific objective criteria for the awarding of such funding.
UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 925 (Senator Roger Thompson) Raises the requirement for an agency cost analysis report when privatizing a function from $100,000 to $1 million. Changes the privatization process.
UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 945 (Senator Tom Dugger) Changes the current penalty for agencies found to be noncompliant in providing reports as required by the Office of Management and Enterprise Services (OMES). Rather than the State Treasurer not honoring vouchers disbursing and transferring monies from agency clearing accounts, agencies will have 15 business days to resolve the delinquency, after which the Director of OMES may assess and collect a monetary penalty of up to $300 per day until the agency is found to be compliant.
UPDATE: Referred to Senate Appropriations Subcommittee on General Government and Transportation.

Senate Bill 951 (Senator Nathan Dahm) Bars agencies from entering into contingency-free contracts with private attorneys unless approved by the Attorney General.

UPDATE: Referred to Senate Judiciary Committee.

Senate Bill 1011 (Senator Josh Brecheen) An agency director shall be authorized to place a moratorium on pass-through funding during a fiscal year when the agency's total appropriations are less than the prior fiscal year's total appropriations.
UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 1019 (Senator Lonnie Paxton) Allows the Governor to appoint a person to fill an empty U.S. Senate seat until the next regularly scheduled statewide election.
UPDATE: Referred to Senate Rules Committee.

Senate Bill 1016 (Senator Wayne Shaw) Requires every school in the state and all administrative offices in state agencies to display a sign with the national motto and the U.S. and Oklahoma flags.

UPDATE: Referred to Senate General Government Committee then Senate Appropriations Committee.

Senate Bill 1110 (Senator Josh Brecheen) Revises the Oklahoma Central Purchasing Act and modifies purpose of advisory committee. Provides details on the content of the annual report by the advisory committee. Directs State Auditor and Inspector to review the report for compliance with state statues, rules or other provisions of law related to cooperative purchasing.

UPDATE: Referred to Senate General Government Committee.

Senate Bill 1206 (Senator Josh Brecheen) Mandates that the President Pro Tempore and the Speaker of the House appoint one member of their respective bodies to participate in negotiations prior to entering into a new or renewal of a compact or cooperative agreement.

UPDATE: Referred to Senate Rules Committee.

Senate Bill 1208 (Senator Nathan Dahm) Rewrites emergency succession procedures.

UPDATE: Referred to Senate Rules Committee.

Senate Bill 1260 (Senator Nathan Dahm) Bans executive branch agency expenditures on out-of-state travel.
UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 1313 (Senator David Holt) Eliminates public posting of Open Meetings requirements and the requirement for 48 hours’ notice for special meetings.

UPDATE: Referred to Senate General Government Committee.

Senate Bill 1320 (Senator Nathan Dahm) The Governor shall have the power and duty to appoint the director of any state agency receiving more than $950 million dollars in appropriations.
UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 1330 (Senator Nathan Dahm) No state employee shall be annually compensated more than the Governor.

UPDATE: Referred to Senate Rules Committee then Senate Appropriations Committee.

Senate Bill 1357 (Senator Josh Brecheen) For each fiscal year, all pass-through spending items not otherwise required by the Oklahoma Statutes or to obtain federal matching funds shall first be approved by an individual act passed by the Legislature.
UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 1366 (Senator Michael Brooks) Creates state employee compensation task force.
UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 1382 (Senator John Sparks) No measure which transfers funds from a revolving fund of a state agency or other funding source of a state agency not subject to direct appropriation may become law unless such measure has received the approval of at least 2/3 of the membership of the Senate and at least 2/3 of the membership of the House of Representatives.

UPDATE: Referred to Senate Rules Committee then Senate Appropriations Committee.

Senate Bill 1391 (Senator Paul Scott) Requires every state agency to reduce its administrative cost by 10% within 30 days of the measure passing.

UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 1404 (Senator Josh Brecheen) The maximum salary for all staff, subordinates and statutorily-created agency employees shall not exceed ninety percent (90%) of the salary of the Governor.

UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 1581 (Senator Kay Floyd) Establishes paid parental leave.

UPDATE: Referred to Senate General Government Committee then Senate Appropriations Committee.

Senate Bill 1562 (Senator Anthony Sykes) Regarding the use of deadly force as self-defense, if a prima facie claim of immunity from criminal prosecution has been raised by a person pursuant to this section, the State of Oklahoma shall be required to prove beyond a reasonable doubt that such immunity is not applicable.

UPDATE: Referred to Senate Judiciary Committee.

Audits

House Bill 3364 (Representative Sean Roberts) No executive branch agency shall expend any appropriated funds under its control for the remainder of the fiscal year ending June 30, 2018, until the agency has an audit conducted by the State Auditor and Inspector.

Senate Bill 924 (Senator Mark Allen) Requires an audit for every agency that requests an increase in funding relative to its current fiscal year request.

UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 1013 (Senator Josh Brecheen) The State Auditor and Inspector shall set accounting practices for all state agencies based upon Generally Accepted Accounting Principles.

UPDATE: Referred to Senate General Government Committee then Senate Appropriations Committee.

Senate Bill 1070 (Senator Adam Pugh) All state agencies that employ an auditor within the agency shall direct that auditor to submit the findings and report of any audit conducted by that employee immediately to the Oklahoma State Auditor and Inspector.

UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 1270 (Senator Adam Pugh) Requires an itemized request justifying “every dollar” every four years, beginning in 2020, from every agency.

UPDATE: Referred to Senate Appropriations Committee.

Senate Bill 1271 (Senator Anthony Sykes) Requires State Auditor and Inspector to set accounting practices for all statutorily-created state agencies.
UPDATE: Referred to Senate Appropriations Subcommittee on General Government and Transportation.

Benefits for State Employees – Health & Retirement

House Bill 2523 (Representative Randy McDaniel) Changes state unemployment benefits. Specifically mentions educational service contract employees and modifies when they can enroll in unemployment benefits.

House Bill 2553 (Representative Randy McDaniel) Allows OTRS to terminate the Tax Sheltered Annuity Program.

House Bill 2555 (Representative Justin Humphrey) Requires that the organization of retired teachers which makes an appointment to the OTRS board have at least 10,000 members.

House Bill 2628 (Representative Ed Cannaday) Amends OTRS providsions related to the earnings limits for retired teachers who return to teaching and continue to receive benefits from OTRS.

House Bill 3144 (Representative Jason Dunnington) Adjusts the states flexible benefit allowance to an amount equal to the average monthly premiums of the health insurance plans.

House Bill 3378 (Representative Roger Ford) This bill removes the post retirement earnings limitation for Oklahoma Teachers Retirement System retired members who return to teaching.

House Bill 3682 (Representative Kevin Calvey) Includes OTRS employer contributions in the definition of “Fringe Benefits” on the minimum salary schedule.

House Bill 3672 (Representative Kevin McDugle) Eliminates any otherwise applicable restriction on postretirement earnings, including, but not limited to, elimination of restrictions which require suspension of the payment of a retirement benefit of a retired member who returns to active employment.

Senate Bill 1056 (Senator Adam Pugh) Allows OTRS to end its tax sheltered annuity.

UPDATE: Referred to Senate Retirement and Insurance Committee.

Senate Bill 1386 (Senator Roland Pederson) Modifies the authority of members of the OTRS Board of Trustees and modifies the number of votes required for board decision.

UPDATE: Referred to Senate Retirement and Insurance Committee.

Senate Bill 1387 (Senator Roland Pederson) Provides a one-time payment of $500-$1,000 to any persons receiving benefits from OTRS as of June 30, 2017, under certain circumstances.

UPDATE: Referred to Senate Retirement and Insurance Committee.

Senate Bill 1480 (Senator Roland Pederson) Increases health insurance premium benefits for OTRS.

UPDATE: Referred to Senate Retirement and Insurance Committee.

Budget

House Joint Resolution 1031 (Representative Harold Wright) Puts to a vote of the people a constitutional amendment requiring a committee process for all appropriations bills.

House Joint Resolution 1032 (Representative Harold Wright) Drops the threshold to raise revenue from 75 percent down to 60 percent.

House Bill 2884 (Representative Josh West and Representative Tammy West) For any state agency or entity that is appropriated more than One Hundred Million Dollars ($100,000,000.00) in state funds, the Legislature shall present measures each year that allocate funds appropriated among the activities and programs provided for by law.

Senate Joint Resolution 48 (Senator Josh Brecheen) This resolution puts to a vote of the people a constitutional amendment requiring a line item budget of the State System of Higher Education.

UPDATE: Referred to Senate Rules Committee.

Senate Bill 1059 (Senator Marty Quinn and Senator Stephanie Bice) Updates Ad Valorem tax code.

UPDATE: Referred to Senate Appropriations Subcommittee on Finance.

Senate Bill 1069 (Senator Micheal Bergstrom) Amends statute to reduce the amount of certain tax credits that could be claimed by 25 percent for tax years 2018 and 2019.

UPDATE: Referred to Senate Appropriations Subcommittee on Finance.

Career Tech

House Bill 3220 (Representative Jadine Nollan) Authorizes the State Board of Career and Technology Education to develop certification system for teachers and instructors who teach in technology center school districts.

Senate Bill 1231 (Senator Mark Allen) Creates CareerTech funding improvement task force.

UPDATE: Referred to Senate Appropriations Subcommittee on Education.

Public Safety/Campus Safety/Weapons

House Bill 2918 (Representative Jeff Coody) Allows concealed carry without a license.

House Bill 2947 (Representative Carol Bush) Makes buying a stolen gun a felony.

House Bill 2951 (Representative Jeff Coody) Removes language requiring licensing and updates definition for proper use of a firearm.

House Bill 2975 (Representative Avery Frix) Excludes telescoping or collapsible batons from the definition of baton in the Self-Defense Act.

House Bill 3334 (Representative Sean Roberts) Authorizes handgun licensees and certain military personnel to carry handgun while hunting.

House Bill 3656 (Representative Kevin McDugle) Provides for self-defense concealed or unconcealed carry.

House Bill 3693 (Representative Kevin Calvey) Reduces renewal and licensing fees for firearms. Deletes background check investigation procedures for handgun licenses. Deletes certain residency requirements.

House Bill 2527 (Representative Bobby Cleveland) Allows county employees in a courthouse to conceal carry.

Senate Bill 910 (Senator Nathan Dahm) Removes the word “bow” from hunting requirements to open carry for persons with a handgun and military identification card.