Legislative round-up
Oklahoma’s Legislature has been busy this week. Bill have progressed; banning state agencies from hiring lobbyists, prohibiting sex offenders from operating Ice Cream Trucks, cutting taxes for students, commemorating the capitol, expanding the DNA database, and lowering the legal limit for boating under the influence. The following have not yet been signed into law but are advancing through the legislative process. Citizens wishing to oppose or support bills are urged to contact individual lawmakers.
Keeping Sex Offenders Out of Ice Cream Trucks
Senate Bill 1147 by Sen. Jay Paul Gumm would criminalize the operation of an ice cream truck by a sex offender and would require vendors to obtain an operating permit through the State Department of Health. Gumm said the measure is part of a continuing effort to protect Oklahoma children from dangerous predators. “This law would allow Oklahoma families to rest easier, removing doubt as to whether a community vendor might be a sex offender in disguise,” said Gumm, D-Durant. “It’s critical that we take every possible precaution to prevent future instances of abuse and exploitation. This legislation is another important part of that effort.”
The measure would establish a penalty of up to two and a half years in prison for sex offenders who engage in ice cream truck vending. Additionally, the measure establishes a $500 fine for operating an ice cream truck without displaying the appropriate vending permit. Gumm said high-profile cases in other states have prompted the legislation.
“We have a responsibility to ensure Oklahoma is a safe place for the most vulnerable members of the population,” Gumm said. “I’m pleased the committee was in agreement that we need to be proactive on this issue and look forward to seeing the measure signed into law.”
Expanding the DNA Database
Expanding the Oklahoma State Bureau of Investigation’s (OSBI) DNA database could help solve some of the most horrific crimes committed according to Republican State Sen. Jonathan Nichols, author of Senate Bill 1102. The measure would add a number of misdemeanor crimes to the felony crimes already on the books which can result in the harvesting of DNA samples. The measure was approved by the full Senate Appropriations Committee on Wednesday.
“We’re talking about people who have been charged and convicted of misdemeanor criminal acts like peeping toms,” said Nichols, R-Norman. “We know for a fact that cold cases are often solved through DNA, and the perpetrator’s DNA may be in the system because of an entirely unrelated crime.”
Expanding the Oklahoma State Bureau of Investigation’s (OSBI) DNA database could help solve some of the most horrific crimes committed according to Republican State Sen. Jonathan Nichols, author of Senate Bill 1102. The measure would add a number of misdemeanor crimes to the felony crimes already on the books which can result in the harvesting of DNA samples. The measure was approved by the full Senate Appropriations Committee on Wednesday. “We’re talking about people who have been charged and convicted of misdemeanor criminal acts like peeping toms,” said Nichols, R-Norman. “We know for a fact that cold cases are often solved through DNA, and the perpetrator’s DNA may be in the system because of an entirely unrelated crime.”
Nichols, a former prosecutor, reminded the committee that was exactly how the 1996 murder of University of Oklahoma ballet student Julie Buskin was ultimately solved. “This gives us an even greater opportunity to capture and punish individuals responsible for some of the most heinous crimes imaginable.”
Nichols stressed that unlike other proposed legislation requiring DNA collection upon arrest, under SB 1102, only those convicted would be required to submit a DNA sample. His measure would include those convicted of misdemeanor crimes such as outraging public decency; resisting arrest; escape or attempting to escape; eluding a police officer; peeping tom; pointing a firearm; unlawfully carrying or discharging of a weapon; illegal transporting; negligent homicide; causing a personal accident while driving under the influence; unlawful discharge of a weapon; destruction of property or threatening an act of violence.
“Those convicted of such crimes will have already submitted to fingerprinting, this simply adds the collection of a DNA sample,” Nichols said. “This in no way intrudes on the lives of law-abiding citizens, and it will help us do a better job of protecting innocent Oklahomans.”
Full Disclosure of Adoption Fees
A measure to create more uniformity in adoptions and ensure full disclosure of fees has cleared its first major hurdle in the Senate. Senate Bill 1029, by Sen. Steve Russell, was approved by the Judiciary Committee on Tuesday. Russell, R-Oklahoma City, said that as an adoptive parent, it was an area of law of special concern to him.
A measure to create more uniformity in adoptions and ensure full disclosure of fees has cleared its first major hurdle in the Senate. Senate Bill 1029, by Sen. Steve Russell, was approved by the Judiciary Committee on Tuesday. Russell, R-Oklahoma City, said that as an adoptive parent, it was an area of law of special concern to him.
In Oklahoma, prospective adoptive parents can utilize public and private agencies as well as attorney-assisted adoptions. Russell said while those are all good options, a 2006 grand jury investigation uncovered a number of abuses that need to be addressed, including some cases of “adoption” fees being used for personal vehicles, computers and other items.
“My legislation requires full disclosure of all fees, so that adoptive parents know exactly what is required up front and what all the fees are for,” Russell said. “We need to make sure we have a uniform standard for adoptions. Under current law, some things, like home studies, can be waived. Procedures aimed at ensuring the safety of the adoptive child should be enforced.”
SB 1029 would also ensure parents have a full disclosure of all state laws dealing with adoption as well as regulations impacting the adoption of children of Native American ancestry.
“Making sure all adoption laws and fees are completely transparent will improve the process and help eliminate the potential for abuse,” Russell said. “This is simply good public policy.”
Russell’s legislation now moves to the full Senate for further consideration.
Bill to Cut Taxes For Students
Senator John Sparks (D-Norman) has filed a measure intended to eliminate the state income taxes paid by full time Higher Education and Career Technology students.
“We need to do all we can for students who are struggling to make ends meet,” said Sparks. “Approval of this legislation would send a clear message that the Legislature wants Oklahomans to become better educated and we’re here to help.”
Senate Bill 1091 would exempt any Oklahoma resident, regardless of age, from paying state income tax while enrolled as a full time student at any College, University or Career Tech Center. The bill provides this exemption if the student earns less than the $50,000 income limit set by the Oklahoma’s Promise scholarship program.
The single most important factor driving economic development in any state is the education level of the workforce.” Sparks continued, “To move Oklahoma forward, we’ll need the best educated workforce possible – and this helps us achieve that.”
Sparks, whose district contains the University of Oklahoma, has been a champion of Higher Education during his two years in the Oklahoma Senate. During his first year in office, he received the legislative newcomer of the year award from Oklahoma’s colleges and universities.
Sparks noted the measure will help more than just traditional college students in their late teens and early twenties. “Those who are going back to school to learn new skills for the new economy are just as much why I wrote this law.”
One example is Norman resident Liz Houck. A thirty-four single mother of two, she is currently enrolled in a Career Tech program to become a LPN and RN. “Each month I just barely make it,” said Houck, a nursing assistant in Cleveland County. “Between work and school there is hardly any time in my day, but I know I can provide a greater future for my son and daughter by getting a better education.”
Oklahoma’s Career Tech system currently reports nearly 12,000 adults as full time students enrolled in course work at campuses across the state.
“I’m aware that we are in a struggling economy, but I don’t believe we should balance the state budget on the backs of students” said Sparks. “The best tax cuts in tough times have always been targeted tax cuts such as this.”
Capitol Centennial Commemoration and Preservation Act
The Oklahoma State Capitol is quickly approaching the centennial of its official opening in 1917. To help commemorate the centennial and ensure the building is ready for its next century, State Sen. Harry Coates has authored Senate Bill 482. Rep. Liebmann will co-author the legislation which would create the Oklahoma State Capitol Centennial Commemoration and Preservation Act.
The Oklahoma State Capitol is quickly approaching the centennial of its official opening in 1917. To help commemorate the centennial and ensure the building is ready for its next century, State Sen. Harry Coates has authored Senate Bill 482. Rep. Liebmann will co-author the legislation which would create the Oklahoma State Capitol Centennial Commemoration and Preservation Act.
"Our Capitol has tremendous significance in the history of our great state, and it's our job to preserve the integrity and architectural beauty of the building but at the same time do what we can to turn it into a 21st century capable structure," said Coates. "We have to remember that while this is a historic building and the people's building, it's also the home of the executive and legislative branches of our state government."
Coates, who has 40 years of experience in the construction industry, pointed out that many of the buildings main components such as the wiring and piping are original from 1917. There are also problems with some of the buildings newer additions including malfunctioning elevators and an inefficient heating and air system among others.
"The truth of the matter is that the Capitol has fallen into a state of disrepair - from the electrical to the plumbing to the exterior masonry - from a lack of funding for the upkeep and maintenance. We have all kinds of construction issues with the Capitol building,” said Coates. “If we don’t take steps in the very near future, in the next year or two, to make the repairs to the outside, especially to the weatherproofing envelope of the building including the masonry, it doesn’t matter what kind of money we spend on the interior it will all be for not because we didn’t adequately protect the building from the elements.”
A commission will be created to prepare and implement a master plan to make capital improvements to the State Capitol and grounds. The master plan will include a timetable and budget for completion of all parts of the plan. The master plan may include among other projects and activities:
· interior and exterior renovations to the Capitol and grounds
· publications, films, and other educational materials
· bibliographical and documentary projects
· conferences, lectures, seminars, and other programs
· exhibits, including but not limited to, a centennial commemorative painting and mobile exhibits
· ceremonies and commemorations
An initial draft of the plan must be submitted to the Governor, Pro Tem and Speaker by January 1, 2010 and the finalized plan by January 1, 2011.
"We as citizens must remember that this is the people's house and, therefore, the responsibility of maintaining and protecting this building falls to every Oklahoman." said Liebmann, R-Oklahoma City. "Our Capitol has been nationally-recognized for excellence in public building design and construction so it's important that we do all we can to protect this beautiful piece of our history as well as get it ready for its next century."
Membership of the commission will include the Governor and all living former governors, along with the Lt. Governor, Pro Tem of the Senate, Speaker of the House and numerous others. They will also be responsible for planning the festivities for the State Capitol's centennial celebration.
The bill also authorizes the creation of a not-for-profit corporation to raise funds and to assist in the implementation of the master plan in relation to the centennial commemoration of the State Capitol in 2017.
SB 482 will next be heard by the full Senate.
Move to Ban State Agencies from Hiring Capitol Lobbyists
State Sen. Kenneth Corn, D-Poteau, won approval for a proposal to ban state agencies from hiring lobbyists. Corn’s proposal was an amendment to Senate Bill 454 by Sen. Anthony Sykes, R-Newcastle, to prohibit the use of state funds for lobbying. The measure, as amended, was approved by the full Senate Appropriations Committee on Wednesday.
“I want to commend Senator Sykes for filing his bill, and for allowing my amendment to be included. Public funds are supposed to be used by state agencies to provide specific services and programs—not to hire lobbyists,” Corn said.
Corn said his amendment actually strengthened Sykes original legislation.
“State agencies do receive funds beyond those appropriated by the State Legislature. Many collect fees and receive federal funds as well. Again, those are all monies generated by the public, and state agencies shouldn’t be using those other funds for hiring lobbyists.”
The measure would not prohibit agencies from hiring and utilizing legislative liaisons, which Corn said are defined differently in statues than lobbyists.
“Agency liaisons provide a number of valuable services on behalf of the state agencies year-round, in terms of information and constituent issues that require attention not only during the session but in the interim as well.”
SB 454 now moves to the full Senate for further consideration.
Lower Legal Limit for Boating Under the Influence
The Senate Appropriations Committee on Wednesday approved legislation that would lower the legal blood alcohol concentration limit for the offense of boating under the influence from 0.10 percent to 0.08 percent.
Senate Bill 902 by Sen. Bill Brown would also prevent children under the age of 12 from operating any personal watercraft powered by a motor or sail-powered vessel longer than 16 feet in length. Brown said it is necessary to add teeth to the state’s boating laws to reduce watercraft-related accidents and deaths.
“Our laws regarding blood alcohol limits for operating watercraft ought to be consistent with our laws for operating motor vehicles,” said Brown, R-Broken Arrow. “Operating a watercraft under the influence is every bit as dangerous as a car or truck. It’s clear that we need to add some teeth to the law in order to make our waterways safer.”
According to the U.S. Coast Guard, alcohol use is the leading contributing factor in fatal boating accidents, accounting for nearly twenty percent of all reported fatalities. In 2006, Oklahoma per capita had more watercraft-related accidents, fatal accidents and fatalities stemming from alcohol use than over half of other states.
“Going to the lake is an important recreational activity for countless Oklahomans,” Brown said. “We ought to do everything in our power to ensure their safety while they enjoy the natural beauty our state has to offer.”