Greater OKC Chamber 2011 Legislative Update

MEMORANDUM To: Legislative Action Center, Active Members Subject: 2011 Legislative Session Update Date: February 25, 2011 Today marks the end of the third week of the legislative session and important deadlines are approaching. Senate bills must be passed out of a committee by February 28 to remain alive. For House bills, the committee deadline is March 3. As a result, there is significant activity in most all House and Senate committees. Following is an update on this week's activity as it relates to the Chamber's priorities. Comprehensive Workers' Comp Bill Passed by Committee Comprehensive workers' compensation reform legislation cleared its first hurdle on Tuesday when it was passed by the Senate Judiciary by a 6-3 vote. The 205-page bill, authored by Sen. Anthony Sykes (R-OKC), contains many major reforms, including the implementation of a standardized system of medical care that addresses how specific injuries are to be treated. Earlier in the week, Governor Mary Fallin revealed that a panel she appointed to develop a workers' compensation reform package will not recommend that Oklahoma switch from an adversarial workers' comp system to an administrative system. However, Governor Fallin stated her panel's proposal will thoroughly address rising medical and legal costs and seek to take unnecessary delays out of the current system. Oklahoma employers now pay the 4th highest workers' compensation premiums in the country, 141 percent of the national average. For more information contact Mark VanLandingham. Senate Passes Bill to Cap Non-Economic Damage Awards at $250,000 A key component of tort reform legislation was passed by the Senate on Wednesday by a vote of 29-18. SB 863, authored by Sen. Sykes (R-OKC), would limit non-economic damages (generally pain and suffering) awards to $250,000. Under the legislation, the cap would be removed if the conduct of the defendant was intentional or grossly negligent. SB 863 will now move to the House of Representatives for consideration. For more information contact Mark VanLandingham. Wine in Grocery Stores Task Force Legislation Passes Senate Committee Legislation to create a task force to prepare a re-write of the state's laws to allow for the sale of wine and single strength beer in grocery and convenience stores was passed by the Senate Business and Commerce Committee on Thursday by an 11-0 vote. Under the legislation, drafted by Sen. Clark Jolley (R-Edmond), the task force would be comprised of various stakeholders, legislators and others, including a chamber of commerce representative. The task force would be required to complete its work in time for the 2012 legislative session. This legislation is supported by the Chamber, as it addresses a legislative priority of "working with all stakeholders to examine the consequences and benefits associated with changing the state's liquor laws to allow for the sale of wine and single strength beer in grocery stores". The bill (committee substitute for SB 658) will now move to the full Senate for consideration. For more information contact Mark VanLandingham. Bill Banning Embryonic Stem Cell Research Passed by House Committee On Tuesday, the House Committee on Public Health narrowly passed a bill (6-5) that would make it a misdemeanor to conduct research on embryonic stem cells. HB 1442, by Rep. Faught (R-Muskogee), would also criminalize buying, selling, receiving or otherwise transferring a human embryo with knowledge that the embryo would be subjected to destructive research. The bill will now move to the full House for consideration. Embryonic stem cell research is not currently being conducted in Oklahoma. The Chamber opposes this legislation, as it would hinder our efforts to create a biosciences environment that currently enjoys a reputation of being "friendly" to research. The legislation would also make it more difficult to recruit scientists and to attract research money to Oklahoma. For more information contact Mark VanLandingham. Teacher Due Process Reform Moves Forward The top Chamber education issue is to improve the ability of school districts to dismiss low performing teachers. There are multiple bills related to this issue but the two most important ones made significant progress this week. SB 1 by Sen. Ford (R-Bartlesville) and Rep. Denney (R-Cushing), which will eliminate the right to a trial De Novo, was passed by the Senate Education Committee. The legislation will remove the ability of a teacher who has been dismissed by a school to appeal the Board decision to district court. This extra legal step can make it too difficult and too expensive to remove poor performing teachers. HB 1457 by Rep. Denney (R- Cushing) and Sen. Halligan (R-Stillwater) will also modify the process to remove a teacher and was passed by the House Common Education Committee. For more information contact Drew Dugan. Charter School Funding The Chamber will continue to be a leading advocate to help grow and improve charter schools. There are multiple pieces of legislation that will address the two key challenges to charter schools -- funding for infrastructure and expanding the ability to create charter schools. There are several key bills to help improve the funding issues. HB 1853 by Rep. Shumate (D- Tulsa) and SB 260 by Sen. Ford (R- Bartlesville) will both make it possible for charter schools to "issue bonds" which could help them generate revenue for infrastructure. SB 260 is waiting to be heard by the Senate after being passed out of the both Senate Education Committee and Senate A&B subcommittee on Education and HB 1853 was passed by the House A&B subcommittee on Education. For more information contact Drew Dugan. State Board of Education Passed by Senate One unexpected issue that has become an item of heated discussion and debate is efforts to reform the duties and responsibilities of the State Board of Education. The Chamber has not taken an official stance on how these reforms should be implemented but we are monitoring the issues closely. SB 435 by Speaker Steele (R-Shawnee) and President Pro Tempore Bingman (R-Sapulpa) will reform who appoints the State Board and their responsibilities. This legislation has passed the Senate and is waiting to be heard by the House. HB 2139 by Speaker Steele (R-Shawnee) will redefine the duties of the Board and State Superintendant. HB 2139 was passed by the House Common Education Committee. For more information contact Drew Dugan.

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