LEGISLATIVE UPDATE

Major Higher Education Bills Pass on Final Day of Session: A number of important bills impacting higher education were finally passed the last day of the 1998 legislative session, Friday, May 29. Among those were:

Teacher's Retirement Changes Approved; Benefit Increase Granted: SB 1037, signed by the Governor on May 28, makes several notable changes in the Oklahoma Teachers' Retirement System (OTRS) and also provides a benefit increase for retirees. The primary changes include:

• Natural Gas Tax Replaced by General Revenue: Beginning July 1, 1999, OTRS will no longer receive revenue directly from natural gas taxes. Instead, the gas tax will go to the state's General Revenue Fund (GRF) and OTRS will get a specific percentage of the General Revenue Fund. This should provide a much less volatile funding source for OTRS. In FY'2000, OTRS will receive 3.25% of the General Revenue Fund (about $129 million based on FY'99 GRF certification). In FY'2001 and thereafter, OTRS will receive 3.5% of GRF (about $139 million).

• Employer Contributions:

• Cost of Living Adjustments (COLA's) for Retirees: Beginning July 1, 1998 retirement benefits will be increased by raising the final average salary upon which the benefits of each retiree is calculated by the following amounts:

• for "classified" employees (teachers/administrators/other certified employees) the final average salary will be increased $1,400
• for "nonclassified" employees (clerical, cafeteria, custodial, etc) the final average salary will be increased $700

• 70% Funding Level Requirement for COLA's Repealed: The statute that prohibited any benefit increase for retirees in a system less than 70% funded is repealed (OTRS is funded at about 43% currently; the repeal was necessary to grant the COLA described above).

Two other bills, HB 2695 and HB 3113, will also impact OTRS if they are approved by the Governor. HB 2695 makes the retiree benefit increase granted above effective only for one year and requires it to be re-evaluated during the 1999 legislative session. HB 3113 provides that, if the state receives a settlement from the tobacco lawsuit, the proceeds would be placed in a trust fund. A portion of the earnings from the trust fund would be allocated to OTRS.

Higher Education Institutions Exempted from Administrative Procedures Act: On Friday, May 22, the Governor signed HB 3189. Included in the bill is a provision exempting institutional governing boards within the Oklahoma State System of Higher Education from Article I of the Administrative Procedures Act (APA). This exemption will relieve institutions of many procedural requirements currently necessary when adopting or changing policies.

Executive Nominations: The full Senate gave final consent this week to the following gubernatorial nominations:

• Stephen Bentley, Lawton, to the Board of Regents of the University of Oklahoma, to serve a seven-year term ending March 21, 2005, succeeding himself.
• Larry J. Bump, Tulsa, to the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges, to serve an eight-year term ending April 4, 2006, succeeding Edward Keller.
• G. David Casper, Oklahoma City, to the Board of Regents for Oklahoma City Community College, to serve a seven-year term ending April 22, 2005, succeeding Rebecca Hamilton.
• Charlie Clowe, Ardmore, to the Board of Trustees for the Ardmore Higher Education Program, to serve a nine-year term ending June 30, 2007, succeeding himself.
• Dale Covington, McAlester, to the Board of Regents of Eastern Oklahoma State College, to serve an unexpired term ending June 1, 2000, succeeding Kenneth Sherrill.
• Robert J. Hays, Chickasha, to the Board of Regents of the University of Science and Arts of Oklahoma, to serve a seven-year term ending June 30, 2005, succeeding Harbour Whitaker.
• Jerry Hetherington, Sallisaw, to the Board of Regents of Carl Albert State College, to serve a seven-year term ending July 1, 2005, succeeding himself.
• Carl Renfro, Ponca City, to the Oklahoma State Regents for Higher Education, to serve a nine-year term ending May 16, 2007, succeeding himself.
• Lynne Saunders, Midwest City, to the Board of Regents of Rose State College, to serve an unexpired term ending July 1, 2002, succeeding Marie Jordan.
• Randall Sheets, Altus, to the Board of Regents of Western Oklahoma State College, to serve a seven-year term ending March 24, 2005, succeeding himself.
• Michael Thompson, Shawnee, to the Board of Regents of Oklahoma Colleges, to serve a nine-year term ending June 10, 2007, succeeding Tracy Kelly.
• Cindy Ward, El Reno, to the Board of Regents for Redlands Community College, to serve a seven-year term ending April 22, 2005, succeeding Donna Van Tungeln.
• Betty Wright, Del City, to the Board of Regents for Rose State College, to serve a seven-year term ending July 1, 2005, succeeding herself.
• Dorothy Zumwalt, Sapulpa, to the Board of Regents for Tulsa Community College, to serve a seven-year term ending June 30, 2005, succeeding Edwynne Krumme.

The House and Senate adopted the following resolutions (they do not require the Governor's signature):

Bills Sent to the Governor (The Governor has 15 days after the end of the session, until June 13, to act on these bills.):

• SB 420 - arts education
• SB 448 - dentists; licensing requirements
• SB 770 - SEOSU; national certification for teachers
• SB 832 - Telemedicine Advisory Council
• SB 924 - Children First; university -related programs
• SB 965 - Rainy Day Fund appropriations
• SB 1011 - water quality projects
• SB 1033 - Teachers Retirement; credit for days on leave
• SB 1088 - health insurance; state employees program
• SB 1175 - concentrated animal feeding operations
• SB 1185 - workers compensation
• SB 1198 - health insurance; state employees program
• SB 1210 - defines "mandated health benefit"
• SB 1246 - travel reimbursement; payment of conference registration
• SB 1350 - "Family Savings Initiative Act"
• SB 1426 - higher education in Tulsa
• HB 1720 - "Oklahoma Privatization Functions Act"
• HB 1822 - central purchasing changes
• HB 2363 - Redevelopment Zone Incentive Act
• HB 2566 - leave sharing
• HB 2363 - "Redevelopment Zone Incentive Act"
• HB 2695 - Teachers retirement; limitation on benefit increase
• HB 2802 - deleting certain statutory reports
• HB 2841 - health insurance; payment of claims
• HB 2868 - "Oklahoma Telehealth Act"
• HB 2909 - public construction contracts
• HB 2934 - college savings plan
• HB 3070 - sole source contracts
• HB 3113 - tobacco settlement; Teachers Retirement System
• HB 3120 - Technology in the Classroom Act
• HB 3144 - child care; sex offenders
• HB 3152 - tax cuts
• HB 3169 - Genetic Nondiscrimination Act

Bills Signed By the Governor:

• SB 873 - health insurance; prostate cancer coverage
• SB 903 - appropriations; Ok. Teacher Preparation Commission
• SB 923 - appropriations; programs at OUHSC
• SB 934 - appropriations; asbestos abatement (line-item veto)
• SB 940 - appropriations; tourism internship (line-item veto)
• SB 996 - open meeting/open records; "public body"
• SB 1037 - Ok. Teachers Retirement System; contribution rates; benefits
• SB 1250 - dual office holding; payment of tort claims
• SB 1342 - health insurance; assigned income
• SB 1355 - inventors assistance program
• SB 1406 - high school diploma with distinction
• HB 2277 - thistle eradication/OSU Extension
• HB 2279 - licensed professional counselors
• HB 2290 - health/life insurance
• HB 2855 - reduction-in-force; retirement, health insurance
• HB 2860 - disclosure of employee information
• HB 3010 - appropriations; Ok. Center for Advancement of Science & Tech. (line-item veto)
• HB 3039 - appropriations; higher education funding
• HB 3160 - public safety officers; educational incentive
• HB 3171 - health insurance; reimbursement of claims
• HB 3189 - administrative procedures; exemption for institutions
• HB 3213 - smoke detectors for the hard of hearing
• HB 3287 - electronic signature technology

Bills Vetoed By the Governor:

• (see line-item vetoes above)

CHANGES TO THE LIST

Bills Added to the List:

• SB 420- arts education
• SB 770 - SEOSU; national teacher certification
• SB 924 - Children First; university-related programs
• SB 965 - Rainy Day Fund appropriations
• SB 971 - appropriations; "clean-up bill"
• SB 1011 - water quality projects
• SCR 76 - authorizing revenue bonds for the University of Oklahoma
• SCR 77 - authorizing revenue bonds for the University of Oklahoma
• SCR 78 - recognizing Harold D. Roland
• SR 80 - recognizing the public service of Gene Howard
• HB 2754 - tourism revolving funds; institutional research
• HB 2841 - payment of health insurance claims
• HB 3113 - tobacco law suit settlement; Teachers Retirement System
• HR 1060 - 100^th anniversary of Weatherford, OK
• HR 1062 - Cameron Aggie Club

Bills Deleted from the List (The following bills failed to pass.):

• SB 793 - Employment Security Commission
• SB 798 - income tax credit for student loan payments
• SB 820 - OneNet
• SB 862 - Ok. Comm. for Teacher Preparation
• SB 906 - appropriations; shell bill
• SB 928 - appropriations; shell bill
• SB 955 - shell bill related to the State Regents
• SB 960 - appropriations; shell bill
• SB 962 - appropriations; shell bill
• SB 981 - long range capital planning
• SB 1050 - public construction contracts
• SB 1104 - campus safety
• SB 1137 - encyclopedia of Oklahoma history
• SB 1167 - tax credits
• SB 1174 - purchasing
• SB 1183 - special license plates
• SB 1349 - school testing; remediation
• SB 1405 - technology transfer
• SB 1409 - Ok. Teacher Preparation Commission
• SB 1424 - alternative teacher certification
• SB 1427 - advanced placement
• SB 1430 - colleges saving plan
• SB 1432 - future teachers scholarship
• SJR 25 - technology transfer
• SCR 40 - recognizing George Nigh
• SCR 61 - recognizing Eric Mouton
• SCR 68 - recognizing Lynn and Charles Schusterman
• HB 1065 - workers compensation
• HB 2288 - retirement
• HB 2293 - poultry waste application
• HB 2326 - annuity contracts
• HB 2361 - Tulsa State University Consortium
• HB 2399 - Tulsa State University
• HB 2423 - civil discovery
• HB 2500 - teachers retirement; death benefit
• HB 2531 - health insurance
• HB 2532 - privatization of state functions
• HB 2638 - job training
• HB 2668 - teachers retirement; shell bill
• HB 2693 - sole source contract
• HB 2740 - state agency reform
• HB 2837 - child care facilities
• HB 2897 - school testing; educational indicators
• HB 2947 - health insurance; mental illness coverage
• HB 3011 - appropriations; shell bill
• HB 3012 - appropriations; shell bill
• HB 3040 - appropriations; shell bill
• HB 3041 - appropriations; shell bill
• HB 3058 - budget and program oversight
• HB 3186 - partnership schools
• HB 3237 - technology transfer
• HB 3297 - tax system task force
• HB 3312 - sole source contracts
• HJR 1077 - capital improvement bonds
• HJR 1084 - Oklahoma Hope Scholarship
• HJR 1088 - technology transfer
• HJR 1112 - disapproving fees at NSU and NWOSU
• HCR 1068 - 4-H; OSU Cooperative Extension Service
• HCR 1075 - international students
• HCR 1099 - faculty personnel policies
• HCR 1103 - faculty personnel policies
• HR 1046 - science and technology month

June 2, 1998

A&M Board of Regents, SB 1426, HB 2802

A&M Cowpokes, HR 1062

Academic Scholars, HB 2860

Acid mine drainage, SB 1011

Administrative procedures, HB 2963, HB 3189

Advanced placement, SB 1406

Agriculture cooperatives task force, HB 2823

Aircraft, state, HB 3226

Albert, Carl, Internship, HB 2860

Animal feeding operations, SB 1175

Appropriations

Asbestos abatement, SB 934

Assigned income, SB 1342

Atkinson, H. B., SR 49

Audits, internal, HB 3086

Bids, HB 2909, HB 3070

Biennial report, HB 2802

Breast cancer research, HB 2578

Brisch, Hans, HR 1043

Cameron Aggie Club, HR 1062

Capital projects, HB 3066

Certified Public Accountants’ education requirements, SB 1310

Child abuse prevention, SB 924, HCR 1087

Child care facilities, HB 3144

Children First Program, SB 923, SB 924

College savings plan, SB 1430, HB 2934, HB 3152

Complaint form, HCR 1081

Connors State College, SR 78

Contracts, HB 2802, HB 2909, HB 3070

Credit card

Data processing, HB 2219, HB 2228

Dental Board, SB 448

Diploma of distinction, SB 1406

East Central University distinguished alumnus, SR 75, HR 1055

Economic development, HB 1162

Educational Indicators Program, HB 2897

Electronic signature technology, HB 3287

Employee

Family Savings Initiative, SB 1350

Fees, HB 3189

Fire ant research, HB 2914

Garnishment, HB 2568

Genetic nondiscrimination, HB 3169

Governmental Tort Claims, SB 420, SB 1250

Hauptman, Herbert, SR 52

Holidays, HB 2607, HB 2822

Howard, Gene C., SR 80

Insurance, health, HB 2290

Insurance, life, HB 2290

International students, HCR 1075

Inventors assistance program, SB 1355

Inventory, reusable, HB 2909

Job training, HB 2363

Juvenile Sex Offenders, HB 2219, HB 2230

Landscape architects, HB 2405

Langston University, SB 1426, HB 3213

Leave sharing, HB 2566

Minority Teacher Recruitment, HB 2219, HB 2229, HB 2557

National Board certification, SB 770

Northeastern Oklahoma University, SB 1426

Northwestern Oklahoma State University diving program, SCR 66

Oklahoma Center for the Advancement of Science and Technology (OCAST), SB 1355, HB 2578, HB 2863, HB 3010

Oklahoma Jazz Hall of Fame, SR 76

Oklahoma Native American Day, HB 2822

Oklahoma State University

Open Meeting, SB 996

Open Records, SB 996

Optometry, SB 1192

Payroll reports, SJR 19

Poultry feeding operations and waste transfer, SB 1170

Privatization of state functions, HB 1720

Publications, HB 2802

Public

Purchasing, HB 1822, HB 2802, HR 1043

Reading proficiency tests, HB 2889

Real estate courses, HB 2563

Recycling, HB 2802, HB 2952

Redlands Community College, SB 1270

Reduction in force, HB 2855

Reports, SJR 19, HB 2802

Research (see also Technology transfer)

Residential care home administrator certification, SB 1013

Retirement

Revenue bonds, SCR 49, SCR 63, SCR 75, SCR 76, SCR 77

Rogers University, SB 1426

Roland, 2^nd Lt. Harold D., SR 78

Rose State College, SR 49

School testing, SB 1406, HB 2889

Section 13 lands, HB 3213

Shipley, Betty Lou, SCR 69

Smoke detectors, HB 3213

Sole source contracts, HB 1822, HB 3070

Southeastern Oklahoma State University, SB 770

Southwestern Oklahoma State University, SCR 66, HR 1060

Spaceport, SCR 72

Speech pathologists/audiologists education requirements, HB 3244

State Regents, HR 1043

Stephens, Chris M., SR 68

Stokes, Marvin, SR 75, HR 1055

Tax savings, HB 3152

Teacher preparation, SB 770, HB 2219

Technology

Telecommunications, HB 2219, HB 2228, HB 2868

Telemedicine, SB 832, HB 2868

Temporary personnel, HB 1822, HCR 1104

Therapists, marital and family, HB 2279

Thistle eradication, HB 2277

Thompson, Frank Best, SCR 66

Tourism management internship, SB 940

Travel, SB 1246

Trust institutions, HB 2894

Tuition trust, HB 2934

Tulsa Community College, SB 1426

Tulsa higher education, SB 1426, HB 2399

Unemployment, HB 2792

University of Central Oklahoma, SR 52

University of Oklahoma

University of Science and Arts of Oklahoma revenue bonds, SCR 63

Veterinary college/university, SB 1236

Vietnam Veterans Day, HB 2255

Violence prevention, SJR 16

Weatherford’s anniversary, HR 1060

Website complaint form, HCR 1081

Workers’ Compensation, SB 1185

Status Reported as of June 1, 1998

• SB 420 (Smith/Steidley) – GOVERNMENTAL TORT CLAIMS. Amends SB 1250; limits indemnification of punitive and exemplary damages. (51 § 162)

THIRD CCR REJECTED - SENATE 05/27/98

FOURTH CCR ADOPTED - SENATE 05/28/98

BILL AND EMERGENCY PASSED - SENATE 05/28/98

FOURTH CCR ADOPTED - HOUSE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 448 (Robinson/Stanley) – DENTAL BOARD. Clarifies language relating to the State Dental Board; provides that the Board of Dentistry shall provide by emergency rule that a licensed dentist who meets the educational requirements as required by the State Dental Act may transport any necessary monitoring equipment and anesthesia supplies to additional office locations. The conference committee substitute authorizes the Board of Dentistry to affiliate by contract or cooperative agreement with another state or combination of states for conducting simultaneous regional examinations of applicants for a license to practice dentistry, dental hygiene or a dental specialty; authorizes the Board to issue a dental specialty license authorizing a dentist or an out-of-state dentist to represent himself or herself to the public as a specialist and to practice in a dental specialty; repeals sections relating to the State Dentistry Act. (59 § 328.3)

CCR ADOPTED - SENATE 05/28/98

BILL PASSED - SENATE 05/28/98

CCR ADOPTED - HOUSE 05/28/98

BILL PASSED - HOUSE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 770 (Roberts/Begley) – TEACHER PREPARATION/SEOSU. The conference committee substitute increases membership of the Education Leadership Oklahoma applicant review committee; requires the Teacher Preparation Commission to expand scholarship eligibility to teachers seeking National Board certification independently; requires the Commission to select up to 200 teachers for the 1998-99 class and up to 400 teachers beginning with the 1999-2000 class; states legislative intent that the Commission contract with Southeastern Oklahoma State University to establish Education Leadership Oklahoma program training in higher education teacher preparation programs in the state to assist teachers in meeting the requirements to obtain National Board certification; states legislative intent that the State Regents incorporate the National Board certification portfolio development into all programs in education leading to a master’s degree.

CCR ADOPTED - SENATE 05/29/98

BILL AND EMERGENCY PASSED - SENATE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 776 (Roberts/Begley) – TEACHERS’ RETIREMENT. Requires that a graduated amount equal to a portion of a teacher’s annual salary be credited against the employee contribution amount to the Teachers’ Retirement System for FY’99. The conference committee substitute makes the new compensation schedule contingent upon enactment of SB 902 (provides for a flexible benefit allowance to school district employees). (70 §17-106.2)

CCR ADOPTED - SENATE 05/28/98

BILL AND EMERGENCY PASSED - SENATE 05/28/98

CCR ADOPTED - HOUSE 05/28/98

BILL AND EMERGENCY PASSED - HOUSE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 832 (Robinson/Ervin) – TELEMEDICINE. Creates a Telemedicine Advisory Council until July 1, 2004, with four members appointed by the Governor, three each appointed by the Senate president pro tempore and House speaker and six ex officio voting members, one of whom would be the Chancellor; authorizes the Council to appoint five additional members; requires the Council to advise the Governor and Legislature regarding improvement of public policy relating to telemedicine. The conference committee substitute provides that provisions of Section 12 of HB 2868 shall not be construed as prohibiting or discouraging the Department of Corrections from entering into any public-private partnership for the purpose of implementing telemedicine services in any one or more correctional institutions. (36 § 6805)

CCR ADOPTED - SENATE 05/18/98

BILL AND EMERGENCY PASSED - SENATE (33-4) 05/18/98

SECOND CCR ADOPTED - SENATE 05/28/98

BILL AND EMERGENCY PASSED - SENATE 05/28/98

SECOND CCR ADOPTED - HOUSE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 873 (Helton/Glover) – HEALTH INSURANCE/PROSTATE CANCER. Provides that unless the Board has otherwise contracted with an out-of-state hospital, the Board shall pay for medical services and treatment rendered by an out-of-state hospital at the same level paid to an in-state hospital if the insured employee was referred to the out-of-state hospital by a physician and the out-of-state hospital is the closest hospital to the employee’s residence; requires health benefit plans offered by the Oklahoma State and Education Employees Group Insurance Board and the State Employee Benefits Council to provide coverage for side effects commonly associated with radical retropubic prostatectomy surgery, including impotence and incontinence, and for other prostate-related conditions; requires the Board and Council to notify insureds regarding the coverage. (74 §§ 1324, 1373)

• SB 901 (Haney/Hamilton) – APPROPRIATIONS. Appropriates to the State Board of Education. Section 7 reappropriates $500,000 for Advanced Placement Incentives; Section 11 designates $4.2 million of funds appropriated in HB 3050 and SB 901 for Advanced Placement Incentives; Section 16 specifies limitations on administrative costs for the Advanced Placement Program; Section 19 provides that $500,000 shall be allocated for scholarships to the Great Expectations Summer Institutes for Teachers offered by a State System institution; provides that from the Great Expectations funds the State Board of Education will establish an elementary level Great Expectations Demonstration Project; designates $2.89 million for Professional Development Institutes; Section 20 apportions $280,344 to be expended on a competitive application basis to a State System institution for implementing telecommunications curriculum statewide; Section 21 provides that of the funds allocated for Community Education Grants, $25,000 be expended on a contractual basis to a community education consortium group which is associated with a State System institution; Section 22 designates that from the appropriations for Education Leadership Oklahoma $350,000 shall be transferred to the Education Leadership Oklahoma Revolving Fund for assistance and scholarships, $400,000 shall be transferred to the National Board Certification Revolving Fund for annual bonuses, and the remaining funds shall be used to provide program development and evaluation by the Oklahoma Commission for Teacher Preparation and curriculum enhancement and monitoring programs for teacher applicants on a contract basis with a State System institution; Section 28 designates $48,000 of funds allocated to the State Department of Education to ensure participation in the National Assessment of Educational Progress; Section 29 designates that $48,105 of funds allocated to the State Department of Education be available for contracting with the Oklahoma Alliance for Geographic Education to provide in-service training and material for geography instruction.

• SB 903 (Haney/Hamilton) – APPROPRIATIONS/TEACHER PREPARATION. The conference committee substitute appropriates to various education entities; Sections 5-7 appropriate $72,496 to the Commission for Teacher Preparation and set budgetary limitations.

• SB 923 (Haney/Hamilton) - APPROPRIATIONS. Relates to various health services agencies. Section 18 states legislative intent that $4,922,333 of funds appropriated in HB 3050 and in Section 8 of SB 923 be used for perinatal, women’s and children’s services for low-income persons statewide; provides that $229,697 of that amount is intended for contractual services with the Perinatal Continuing Education Program within the OB/GYN department of the OU College of Medicine and $2,127,106 is intended for the OUHSC for health services programs for uninsured or underinsured women and children. Section 19 states intent that $10,450,013 of funds appropriated by HB 3050 and SB 923 be transferred to the Children First Fund. Section 20 states intent that the transferred funds be used to establish the Children First Program and that the Health Department contract with a university-related program for a performance-based evaluation of the program. Section 31 reappropriates $241,947.30 to the University Hospitals Authority to offset potential budget reductions in the Child Study Center.

• SB 924 (Haney/Hamilton) –CHILDREN FIRST. The conference committee substitute requires the Department of Health to deliver an annual progress and evaluation report on the Children First Fund; requires that Children First family resource projects comply with the uniform components of the State Plan for the Prevention of Child Abuse; requires the Department to contract with a university-related program for a performance-based evaluation of programs.

CCR ADOPTED - SENATE 05/28/98

BILL PASSED - SENATE 05/28/98

CCR ADOPTED - HOUSE 05/28/98

BILL PASSED - HOUSE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 934 (Haney/Hamilton) – APPROPRIATIONS/ASBESTOS ABATEMENT. Section 10 appropriates to the Department of Agriculture and Section 17 provides for expenditures for contracts for statewide dissemination of intensive financial management technical assistance by Oklahoma State University’s extension service; Section 29 requires the State Regents to cooperate with the Department of Labor to provide information required concerning asbestos abatement. The Governor vetoed Section 18.

• SB 940 (Haney/Hamilton) – APPROPRIATIONS/TOURISM MANAGEMENT INTERNSHIP. Appropriates to the Tourism and Recreation Department; Section 20 authorizes the State Regents to establish an internship program in conjunction with the Department for students enrolled in a State System institution who are pursuing an associate or business administration degree in the area of tourism management.

• SB 963 (Haney/Hamilton) – APPROPRIATIONS/ONENET. Makes supplemental appropriations to various state agencies. Section 5 appropriates $189,000 to the State Regents to reimburse OneNet for providing a telemedicine program for a rural hospital consortium.

• SB 965 (Haney/Hamilton) – RAINY DAY APPROPRIATIONS. Makes appropriations from the Constitutional Reserve Fund; Section 2 appropriates $22 million to the State Regents for general operating budgets of the institutions, etc., Section 3 appropriates $2 million to the State Regents to improve access to higher education in the Tulsa Metropolitan Area; Section 5 appropriates $2 million to the State Regents for an endowment at Langston University.

CCR ADOPTED - SENATE 05/29/98

BILL AND EMERGENCY PASSED - SENATE 05/29/98

CCR ADOPTED - HOUSE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 971 (Haney/Hamilton) – APPROPRIATIONS. Section 28 pertains to budgetary limits for the Teacher Preparation Commission; Section 29 amends the amount appropriated to the Physician Manpower Training Commission in HB 3039; Section 77 provides that budgetary limits imposed on agencies shall not apply to appropriations made by Sections 1 through 18 of SB 965.

CCR ADOPTED - SENATE 05/29/98

BILL PASSED - SENATE 05/29/98

CCR ADOPTED - HOUSE 05/29/98

BILL PASSED - HOUSE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 973 (Haney/Hamilton) – HEALTH INSURANCE. Deletes authority of the Health Care Authority to purchase health care benefits for state and education employees and transfers such authority to the Employee Benefits Council; requires the authority to assist the Council in development of the bid process used to secure bids by health care insurers to provide health care coverage to such employees; requires the State and Education Employees Group Insurance Board (OSEEGIB) with the assistance and the approval of the Joint Liaison Committee on State and Employee Group Insurance Benefits to design an additional health benefit plan as a preferred provider organization (PPO) designed plan that would be available as an option for participants by the FY’00 plan year; prohibits the Employee Benefits Council from establishing excessive benefit pricing as bidding criteria; authorizes the Council to negotiate with an HMO that submits a bid the Council determines exceeds industry-claims-expense-trends and the benefit price does not reflect acceptable loss ratios; authorizes the Council if after negotiations the HMO does not revise the bid to lower the benefit price to reject the bid, restrict enrollment in that HMO or prepare and distribute information in the annual enrollment guide and by other means that communicates to participants that the benefit price exceeds acceptable criteria established by the Council; requires all HMOs offering a plan to participants to submit to the Council information regarding utilization data and loss ratios; provides for the confidentiality of proprietary information; limits restrictions on enrollment in HMOs; states legislative intent to appropriate $25 million to the Board from the Rainy Day Fund, all of which shall be used only for decreasing the monthly premiums of the health plan adopted by the board on Dec. 19, 1997, for the FY’99 plan year, which shall be allocated equally throughout the entire plan year; requires benefit plan contracts with OSEEGIB, HMOs and other third-party insurance vendors to provide for a risk adjustment factor for adverse selection that may occur based on generally accepted actuarial principles; requires the exploration of feasibility of privatizing ownership of the state plan; provides that all monies in excess of the adequate plan reserve amount for the self-insured health and dental plans, life insurance and disability insurance administered by OSEEGIB shall be transferred to a Rate Adjustment Pool Fund, with the investment growth to be used to subsidize the premium rates for health plan coverage.

VETO OVERRIDDEN - SENATE 05/04/98

VETO PREVAILED - HOUSE 05/06/98

• SB 996 (Herbert/Seikel) – OPEN MEETING/OPEN RECORDS. Adds entities created by public trusts to the definition of "public body" in the Open Meeting Act and the Open Records Act; extends authorization for executive sessions to nonprofit foundations, boards, bureaus, commissions, agencies, trusteeships, authorities, councils, committees, public trusts, task forces and study groups supported in whole or part by public funds or entrusted with the expenditure of funds for purposes of conferring on matters pertaining to economic development, including the transfer of property, financing or the creation of a proposal to entice a business to locate within their jurisdiction if public disclosure of the matter discussed would interfere with development of products or services or if public disclosure would violate the confidentiality of the business. (25 §§ 304, 307, 51 § 24A.3)

• SB 1011 (Stipe/Mass) – ACID MINE DRAINAGE. Directs the Department of Environmental Quality, in cooperation with the Department of Mines, to study ways to remediate acid mine drainage produced from abandoned state coal mines; requires the agencies to evaluate existing projects among local, state and federal government agencies, and educational institutions that address acid mine drainage; requires any local, state or educational institution implementing water quality projects that pertain to acid mine drainage to coordinate and cooperate with the two agencies. (45 § 46.1)

CCR ADOPTED - SENATE 05/22/98

BILL AND EMERGENCY PASSED - SENATE (40-0) 05/22/98

CCR ADOPTED - HOUSE 05/26/98

BILL AND EMERGENCY PASSED - HOUSE (98-1) 05/26/98

SIGNED & TRANSMITTED TO GOVERNOR 05/27/98

• SB 1013 (Rabon/Ervin) – RESIDENTIAL CARE HOME ADMINISTRATOR CERTIFICATION. Modifies requirements for residential care home administrator certification to allow applicants at any time to present an institution of higher education with documentation of prior education and work experience for consideration for possible credit toward certification; authorizes a certified administrator to make a written request to the commissioner of health to be placed in an inactive status for up to five subsequent calendar years and to waive educational requirements during that time. (63 § 1-836)

• SB 1037 (Monson/Roberts) - TEACHERS’ RETIREMENT. The conference committee substitute amends dedication of wellhead gas tax revenues from OTRS to the General Revenue Fund; modifies the employer contribution schedule; provides for calculation of retirement allowance for OTRS members who retired prior to July 1, 1997; allocates 3.25 percent of general revenue to the OTRS in FY’00 and 3.5 percent beginning with FY’01. (70 § 17-116.2C)

• SB 1059 (Monson/Seikel) – HEALTH INSURANCE/MENTAL ILLNESS. Requires group health insurance and health benefit plans to include coverage for treatment of adults, adolescents and children with severe mental illness; requires that such benefits be equal to benefits for treatment of and subject to the same preauthorization and utilization review mechanisms and other terms and conditions as all other physical diseases and disorders; provides an exception for policies that provide coverage for a specified disease or other limited benefit coverage and for groups with 50 or fewer employees. (36 § 6060.10)

VETO OVERRIDDEN - SENATE (35-13) 05/05/98

VETO PREVAILED - HOUSE (54-42) 05/13/98

• SB 1088 (Monson/Askins) – HEALTH INSURANCE. Deletes provisions relating to the Health Care Authority duties relating to health care benefits for state and education employees. The conference committee substitute requires the Oklahoma Heath Care Authority to assist the State Employees Benefits Council in development of bid process and invitation to bid that is issued to secure bids by health care insurers to provide health care coverage to state and education employees; expands Council duties to include offering health care benefits to participants, developing health care plans for participants and developing a standard basic health care benefits package or packages to be offered by health care providers for participants; authorizes the Council to retain as confidential information the initial bid as well as any subsequent bid offers made by health plans prior to final contract awards as part of the best and final offer negotiation process for a benefit plan; authorizes the council to contract for remedies that may be enforced by the Council against HMOs that fail to comply with the contract awarded; requires the State and Education Employees Group Insurance Board, by Dec. 1, 1998, and with the assistance and approval of the Joint Liaison Committee on State and Education Employees Group Insurance Benefits, to design an additional health benefit plan which shall be a preferred provider organization (PPO)-designed plan; requires that the additional PPO plan be made available as an option beginning with the FY’00 plan year; prohibits the Council from establishing excessive benefit pricing as bidding criteria; authorizes the Council to negotiate with an HMO that submits a bid the Council determines exceeds industry claims expense trends and the benefit price does not reflect acceptable loss ratios; authorizes the Council if the HMO does not revise the bid to lower the benefit price to reject the bid, restrict enrollment in that HMO or to prepare and distribute information in the annual enrollment guide and by other means that communicates to participants that the benefit price exceeds acceptable criteria; requires all HMOs offering a plan to participants to submit to the council by Sept. 1, 1998, information regarding utilization data and loss ratios on the state plan business for the FY’97 and FY’98 plan year; requires such HMOs to submit to the Council by Sept. 1 each year information regarding utilization data and loss ratios on the state plan business; requires the Council to retain as confidential any proprietary information submitted by a HMO. (74 § 1365)

CCR ADOPTED - SENATE 05/28/98

BILL AND EMERGENCY PASSED - SENATE 05/28/98

CCR ADOPTED - HOUSE 05/28/98

BILL AND EMERGENCY PASSED - HOUSE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 1089 (Monson/Askins) – HEALTH INSURANCE/BIDDING CRITERIA. Provides that the Health Care Authority may not modify but may only approve or disapprove the selection of benefits made by the Oklahoma State Employees Benefits Council pursuant to the Oklahoma State Employees Benefits Act; requires the council to purchase health care benefits for participants, develop health care plans for participants and develop a standard basic health care benefits package or packages to be offered by health care providers for participants; requires the council to retain as confidential information the initial bid offers, as well as any subsequent bid offers, made by health plans prior to final contract awards as part of the best and final offer negotiations process for the benefit plan; prohibits the council from establishing any biding criteria relating to excessive benefit pricing; requires HMOs offering a plan to participants, beginning Sept. 1, 1998, and each year thereafter, to submit to the council information regarding utilization data and loss ratios on the state plan business; requires that the council retain as confidential any proprietary information submitted by HMOs; requires the council to promulgate rules that establish the type, form and means by which information collected on utilization data and loss ratios will be communicated to participating employers and participants; requires the council and the Oklahoma State and Education Employees Group Insurance Board to begin preparation and distribution of information communicating and explaining the plans available for the FY’99 plan year to participating employers and participants; prohibits such information from including any reference to frozen or limited enrollment in any plan; requires the board to design and make available for enrollment during the next enrollment period a health benefit plan for the FY’99 plan year, in addition to the health benefit plan currently offered by the board; requires that the new plan offer the same range of services and scope of benefits contained in the plan that was offered during the 1998 plan year and the premium rates for the new plan be the same as for the 1998 plan year; requires that the plan contain the same plan design elements as the 1998 plan year but permits the price, ratio or level of each element to be adjusted by the board as necessary to meet the required premium levels; provides that the plan design elements specified in the section include in-network and out-of-network prices, co-insurance, deductibles, out-of-pocket maximums and co-pays; authorizes eligible participants for fiscal 1999 to choose as their health care provider any HMO available in their area that submitted a bid to the council during the period; provides for review of expenditure and revenue data to determine whether rates need to be lowered to an actuarially sound level on or before March 1, 1998; expresses legislative intent to appropriate $35.7 million from the Constitutional Reserve Fund for the purpose of subsidizing health insurance plan premium rates.

VETO PREVAILED - SENATE 02/26/98

• SB 1170 (Muegge/Leist) – POULTRY FEEDING OPERATIONS/OSU COOP EXTENSION. Creates the "Oklahoma Registered Poultry Feeding Operations Act" and the "Oklahoma Poultry Waste Transfer Act"; requires operators of registered poultry feeding operations to attend education training on poultry waste management as provided by Oklahoma State University (OSU) through the Oklahoma Cooperative Extension Service (OCES); requires the OCES to develop the educational training course; provides for curricula and topics for the courses; provides for funding of courses; requires educational training programs on poultry waste management be made available and provided to poultry feeder operators and land applicators of poultry waste; requires integrators to contract with OSU through the Cooperative Service to provide educational training courses and certification of poultry feeding operations and land applicators of poultry waste; directs that such contract require that integrators provide $150,000 during FY’99 and a maximum $50,000 for each of the three subsequent fiscal years; requires that extension service provide to the Secretary of the Environment by Jan. 31 of each year a written report of educational activities involving poultry operators and waste applicators. (2 § 10-9.5)

• SB 1175 (Muegge/Leist) – ANIMAL FEEDING OPERATIONS/OSU COOP EXTENSION. Modifies the Oklahoma Concentrated Animal Feeding Operations (CAFO) Act; Section 6 requires managing owners and managing operators of a proposed CAFO to provide certification of satisfactory completion of formal education or training in the areas of waste management and odor control; requires that appropriate curricula and course content be developed under the supervision of the Oklahoma State University Cooperative Extension Service. The conference committee substitute requires certain employees of a proposed licensed managed feeding operation (LMFO), after Aug. 1, 1998, to provide certification of satisfactory completion of formal education or training in the areas of waste management and odor control; requires at least nine hours of training and education; requires that the appropriate curricula and course content be developed under the supervision of the OSU Cooperative Extension Service.

CCR ADOPTED - SENATE 05/28/98

BILL AND EMERGENCY PASSED - SENATE 05/28/98

CCR ADOPTED - HOUSE 05/28/98

BILL AND EMERGENCY PASSED - HOUSE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 1185 (Long/Toure) – WORKERS’ COMPENSATION. Prohibits discriminatory or retaliatory actions against an employee who has filed a workers’ compensation claim or taken certain related action; provides that an employee’s decision regarding enrollment in an employer’s workplace medical plan shall be made on an election form; outlines content of form. The conference committee substitute adds language to provide that when a medical care provider has brought a claim in the Workers’ Compensation Court to obtain payment for services, a party who prevails in full on the claim shall be entitled to a reasonable attorney’s fee; requires that the study conducted by the Joint Committee on the Special Indemnity Fund include a determination of the impact of a vocational rehabilitation program for fund claimants.(85 § 5)

CCR REJECTED 05/28/98

SECOND CCR ADOPTED - SENATE 05/29/98

BILL AND EMERGENCY PASSED - SENATE 05/29/98

SECOND CCR ADOPTED - HOUSE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 1192 (Morgan/Wells) – OPTOMETRY. Adds low-vision rehabilitation, certain types of laser surgery and cosmetic lid surgery to the definition of the practice of optometry; requires certification by the State Board of Examiners in Optometry. (59 § 581)

• SB 1198 (Monson/Askins) – HEALTH INSURANCE. Authorizes the State Employees Benefits Council to retain as confidential information the initial bid offers and subsequent bid offers made by health plans prior to final contract awards as a part of the best and final offer negotiation process for the benefit plan; provides that after the bid is awarded, all information contained in the bid shall be open to the public. The conference committee substitute prohibits the State and Education Employees Group Insurance Board, in order to provide health care services for persons living more than 50 miles from the Oklahoma border or who need emergency services or are hospitalized whle traveling outside the state, from contracting exclusively with an out-of-state provider for specialized services; requires the Board to also contract with an in-state provider as a network provider for specialized services; requires that benefit plan contracts with the Board, HMOs and other third-party insurance vendors provide for a risk adjustment factor for adverse selection that may occur against the employer-sponsored plan; requires that the risk adjustment factor include all participating members in such plans; requires the creation of a nine-member payment rate review task force on all payments made to providers of medical care by OSEEGIB; requires the task force to annually review applicable changes in payment rates that will affect hospital inpatient discharges and outpatient payment methodologies; requires the Board, by Dec. 1, 1998, and with the assistance and approval of the Joint Liaison Committee on State and Education Employees Group Insurance Benefits, to design an additional health benefit plan, which shall be a preferred provider organization-designed plan; requires that the additional PPO plan be made available as an option beginning with the FY’00 plan year; prohibits the Council from establishing excessive benefit pricing as bidding criteria; authorizes the Council to negotiate with an HMO that submits a bid the Council determines exceeds industry claims expense trends and the benefit price does not reflect acceptable loss ratios; authorizes the Council, if the HMO does not revise the bid to lower the benefit price, to reject the bid, restrict enrollment in that HMO or to prepare and distribute information in the annual enrollment guide and by other means that communicates to participants that the benefit price exceeds acceptable criteria; requires all HMOs offering a plan to participants to submit to the Council by Sept. 1, 1998, information regarding utilization data and loss ratios on the state plan business. (74 § 1365)

CCR ADOPTED - SENATE 05/28/98

BILL AND EMERGENCY PASSED - SENATE 05/28/98

CCR ADOPTED - HOUSE 05/28/98

BILL AND EMERGENCY PASSED - HOUSE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 1210 (Robinson/Bastin) – INSURANCE. Defines "mandated health benefit"; requires the state insurance commissioner, health commissioner and administrators of the Oklahoma Health Care Authority and State and Education Employees Group Insurance Board to submit a report on the social and financial impact of any such benefit in any bill affecting an insurance policy to the governor, House speaker and Senate president pro tempore. The conference committee substitute requires the State Senate and House of Representatives fiscal staffs to submit a report on the fiscal impact of any mandated health benefit. (63 § 5023)

CCR REJECTED 05/27/98

SECOND CCR ADOPTED - SENATE 05/28/98

BILL AND EMERGENCY PASSED - SENATE 05/28/98

SECOND CCR ADOPTED - HOUSE 05/28/98

BILL AND EMERGENCY PASSED - HOUSE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SB 1236 (Muegge/Wells) – VETERINARY COLLEGE. Relates to criminal investigation by the State Board of Veterinary Medical Examiners; modifies the definition of "School of Veterinary Medicine" to mean "any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent, which conforms to the standards required for accreditation by the American Veterinary Medical Association and which is recognized and approved by the Board." (59 § 698.2)

• SB 1246 (Weedn/Weaver) – TRAVEL/CREDIT CARDS. Makes all state employees subject to the Travel Reimbursement Act; provides that any provision of the statutes that provides for the payment or reimbursement for the travel expenses, costs or fees of state officers and employees or other persons authorized by law to receive reimbursement for travel expenses, or is inconsistent with the provisions of the act, shall be deemed to provide for reimbursement in accordance with the act, unless a contrary intent is explicitly expressed by law; prohibits the travel expenses of any political subdivision or other state entity not subject to the act from exceeding the travel reimbursement rates; removes certain exclusions from provisions of the act; authorizes the director of the Department of Central Services to exempt any single activity or position from compliance if the director determines that such compliance is not economically feasible or if the health and safety of an individual warrants the noncompliance; prohibits any exemption from exceeding one year; authorizes state agencies to enter into contracts and agreements for the payment of conference registration expenses; authorizes payment of such expenses directly to the contracting agency or business establishment; provides for reimbursement for emergency travel by commercial airplane on a first-class basis; provides that reimbursement for a rental automobile used on official business in-state in lieu of a privately owned vehicle shall not exceed the rate provided for the use of a privately owned automobile; provides for reimbursement for in-state airplane travel; requires the legislature and all agencies to submit biannual travel expenditure reports; requires a review of the reports; requires the State Travel Division to establish a uniform credit card system to determine, process, account for, review and audit purchases for food, lodging, transportation, vehicles and other authorized travel expenses; requires that the system be used by all state employees for authorized travel expenses and for purchasing tickets for any authorized mode of transportation; requires that the system be implemented by Jan. 1, 1999, upon the awarding of a contract to a vendor or vendors selected by competitive bid; requires that the system provide that no liability shall inure to the state for fraud, fraudulent practices or lost or stolen cards; makes frequent flyer credits earned by state employees while on official state business the property of the state; authorizes redemption of the credits only for future official travel or as directed by the State Travel Division; specifies requirements for invoices for purchase of commercial airline tickets; repeals sections relating to certain motor vehicles and airplanes. The conference committee substitute authorizes state agencies to enter into contracts and agreements for payment of conference registration expenses for employees or other persons who are performing substantial and necessary services to the state who are attending official conferences, meetings, seminars, workshops or training sessions; allows payment for such expenses directly to the contracting agency or business establishment; authorizes reimbursement for fares paid for airplane transportation at the business class fare rate for international travel; authorizes reimbursement for actual and necessary expenses and officials for travel related to bond financing. (74 §500.2)

CCR ADOPTED - SENATE 05/26/98

BILL PASSED - SENATE (33-9) 05/26/98

CCR ADOPTED - HOUSE 05/27/98

BILL AND EMERGENCY PASSED - HOUSE (76-16) 05/27/98

SIGNED & TRANSMITTED TO GOVERNOR 05/28/98

• SB 1250 (Easley/Settle) – GOVERNMENTAL TORT CLAIMS. States public policy that the state or a political subdivision may indemnify its employees for punitive or exemplary damages, fees and costs in certain cases filed pursuant to the Governmental Tort Claims Act. (51 § 162)

• SB 1270 (Gustafson/Pettigrew) – STATE PROPERTY/REDLANDS. Transfers the authority to use certain property in Canadian County from the Wildlife Conservation Commission to Redlands Community College to be used for agricultural and equine educational purposes; transfers adjacent property to the Oklahoma Historical Society. (74 § 129.8)

• SB 1310 (Fisher/Askins) – CPA REQUIREMENTS. Requires certified public accountant (CPA) applicants, beginning July 1, 2003, to have at least 150 semester hours of college education including a baccalaureate or higher degree conferred by a college or university acceptable to the Accountancy Board from an accredited four-year college or university in the state or any other accredited four-year college or university recognized by the board; requires that a minimum 76 semester hours be earned at the upper-division level; requires that such education requirement be completed prior to submitting an application to the board; requires that the total educational program include an accounting concentration with at least 36 semester hours in accounting courses above principles of accounting or introductory accounting, with at least one course in auditing; requires that the remaining accounting courses be selected from financial accounting, accounting theory, cost/managerial accounting, federal income tax, governmental or not-for-profit accounting, accounting information systems, accounting history and other accounting electives; requires that at least nine semester hours be from among the subjects of economics, statistics, business law, finance, business management, marketing, business communication, management information systems or computer science at the upper-division level; requires that any remaining semester hours be elective at the upper-division level or above. (59 § 15.8)

• SB 1350 (Brown/Toure) – FAMILY SAVINGS INITIATIVE. Creates the "Family Savings Initiative Act" for the purpose of establishing individual development accounts to help individuals and families with limited means to acquire the means for economic well-being; requires the Department of Human Services to enter into contracts with one or more fiduciary organizations in order to allow every qualified state resident access to one fiduciary organization for the purpose of opening an individual development account; provides requirements for proposals; specifies purposes for which such accounts may be used; provides that accounts may be used for postsecondary educational expenses paid directly to an eligible educational institution. (68 § 2357.33)

CCR ADOPTED - SENATE 05/22/98

BILL PASSED - SENATE (34-2) 05/22/98

CCR ADOPTED - HOUSE 05/26/98

BILL PASSED - HOUSE (63-33) 05/26/98

SIGNED & TRANSMITTED TO GOVERNOR 05/27/98

• SB 1355 (Kerr/Bonny) – Oklahoma Center for the Advancement of Science and Technology (OCAST). Transfers powers and duties for the inventors assistance program from the Department of Commerce to the Oklahoma Center for the Advancement of Science and Technology (OCAST); requires transfer of funds in the Inventors and Entrepreneurs Program Fund to the credit of the OCAST Research Support Revolving Fund; modifies the information that is to be included in an annual report on the program. (74 § 5064.4)

• SB 1406 (Morgan/Ostrander) – DIPLOMA OF DISTINCTION. Permits district boards of education to develop and issue a certificate of distinction to high school students who graduate after successfully completing four units each in English, math, social studies and science, two additional units in technology, humanities or the arts, two units of foreign language and achieve a satisfactory score on all 12^th grade criterion-referenced tests; allows applicable vocational classes offered by comprehensive high school vo-tech programs to qualify for technology and math credits; allows advanced placement classes in certain subject areas to be substituted on a course-by-course basis to satisfy the academic units required for a certificate of distinction; prohibits colleges and universities from using a certificate of distinction in their admission standards. (70 § 11-103.2c)

• SB 1426 (Ford/Betty Boyd) – OSU TULSA/LANGSTON/NSU/ROGERS. The conference committee substitute establishes on Jan 1, 1999, as a successor to Rogers University in Tulsa a branch institution of Oklahoma State University, to be known as Oklahoma State University/Tulsa and offer upper division undergraduate courses and baccalaureate degree programs; requires the A&M Board of Regents, by July 1, 2001, in cooperation with the State Regents, to have developed and implemented programs leading to baccalaureate degrees that can be earned at Oklahoma State University/Tulsa; requires that degrees earned at the institution, beginning with the 2001-02 academic year be designated as awarded by the State Regents through OSU; provides that dual degree programs may be offered at the institution and dual degrees awarded through OSU and other institutions; creates a seven-member Board of Trustees for Oklahoma State University/Tulsa on Jan. 1, 1999, providing for transition to the new institution; requires the State Regents to allocate funds to the institution, essentially at the same rates based on program costs as the rates for the OSU campus in Stillwater; prohibits courses offered at the undergraduate level from duplicating those offered by Tulsa Community College; directs the State Regents to design a statewide plan for Langston University and report to the Legislature by Jan. 1, 1999, for approval; establishes a branch of Langston University, on July 1, 2001, within the Tulsa metropolitan area consistent with the statewide plan for Langston University; authorizes the State Regents to make upper division undergraduate and graduate course offerings at the Langston University Branch in Tulsa available as deemed appropriate by the Regents; requires the State Regents to fund Langston University at a level not less than its fiscal year 1998 level and requires that its education and general budget be held harmless from reductions in succeeding years; requires establishment of a branch of Northeastern State University within the Tulsa metropolitan area; creates in Claremore and its other regionally accredited sites, as a successor to the Claremore campus of Rogers University, an institution of higher education to be known as Rogers State University; provides for dissolution of the Board of Regents of Rogers University; requires the State Regents to establish the University of Oklahoma/Oklahoma State University Graduate Center at Tulsa (OU/OSU Graduate Center at Tulsa. (70 §§ 466l/4665).

CCR ADOPTED - SENATE 05/29/98

BILL AND EMERGENCY PASSED - SENATE 05/29/98

CCR ADOPTED - HOUSE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• SJR 16 (Monson/Laura Boyd) – VIOLENCE PREVENTION. Re-creates the Oklahoma Council on Violence Prevention until Jan. 1, 2003. The Chancellor of Higher Education is included in the membership of the Council.

• SJR 19 (Henry/Weaver) – PAYROLL/EMPLOYEE REPORTS. Directs the Oklahoma Employment Security Commission and the Oklahoma Tax Commission to study requirements imposed on employers to report payroll and other employee information to federal and state agencies and to make recommendations for consolidating these reporting requirements.

• SCR 49 (Morgan/Wells) – OSU/REVENUE BONDS. Authorizes the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges to issue $48 million in revenue bonds for renovating and refurbishing existing athletic facilities and constructing certain new athletic facilities on the OSU campus in Stillwater and to refund certain existing OSU Athletic Department System obligations.

• SCR 66 (Rozell/Culver) – FRANK BEST THOMPSON/DIVING PROGRAMS. Honors the memory of Frank Best Thompson, SCUBA diving legend who helped develop diving programs at Southwestern Oklahoma State University, Northwestern Oklahoma State University, the University of Oklahoma, and Oklahoma State University; requests that island No. 744 on Lake Tenkiller be named after him.

• SCR 69 (Snyder/Paulk) – BETTY LOU SHIPLEY. Praises the career of Oklahoma Poet Laureate Betty Lou Shipley who was an associate professor of English at the University of Oklahoma; expresses condolences upon her death.

• SCR 72 (Taylor/Benson) – SPACEPORT. Supports the selection of the former Clinton-Sherman Air Force Base at Burns Flat, Oklahoma, as a site for the spaceport; recognizes the expertise possessed by the aerospace and mechanical engineering programs at OU and OSU.

• SCR 75 (Monson/Toure) – OU/REVENUE BONDS. Authorizes the OU Board of Regents to issue $4.2 million in revenue bonds to finance a portion of the Utility System Revenue bonds, Series 1977 and 1979.

• SCR 76 (Hobson/Benson) – OU/REVENUE BONDS. Authorizes the OU Board of Regents to issue $48.8 million in revenue bonds to replace inefficient lighting systems, replace inefficient heating, ventilating and air conditioning systems, install building automation system controls, and complete improvements in the chilled water and electrical power utility systems; authorizes the issue of $6.2 million in revenue bonds for refinancing utility system revenue bonds, Series 1995.

• SCR 77 (Hobson/Benson) – OU/REVENUE BONDS. Authorizes the OU Board of Regents to issue $10 million in revenue bonds and execute loan agreements and notes for constructing and equipping several capital projects, including student usage facilities, laboratory facilities, auditorium facilities, and additions to other revenue-producing facilities on the OU Norman campus.

• SR 49 (Herbert) – H. B. ATKINSON. Praises the career of H. B. Atkinson, who was a co-founder of Midwest City and Rose State College.

• SR 69 (Weedn) – PUBLIC SERVICE RECOGNITION WEEK. Declares May 3-9, 1998, as Public Service Recognition Week in the State of Oklahoma; encourages Oklahoma citizens to recognize the accomplishments and contributions of public employees.

• SR 75 (Wilkerson) – MARVIN STOKES. Proclaims May 18, 1998, as Marvin Stokes Day; recognizes him for his educational achievements, including receiving the Distinguished Alumnus Award from East Central University.

• SR 76 (Horner) – JAZZ HALL OF FAME Praises the Oklahoma Jazz Hall of Fame and honors the new inductees; states that the mission of the Hall of Fame includes reaching out to schools, colleges, churches and community by presenting workshops and providing scholarships for students pursuing a degree in music education.

• SR 78 (Mickle) – HAROLD D. ROLAND. Praises the achievements of 2^nd Lieutenant Harold D. Roland and wishes him well upon the occasion of his retirement as a state trooper. 2^nd Lieutenant Roland received an associate degree in police science from Connors State College in 1976.

• SR 80 (Rozell) – GENE C. HOWARD. Praises the public career of Gene C. Howard and wishes him well upon the occasion of his retirement from state government. A graduate of the University of Oklahoma with a degree in law, he served in the Oklahoma House of Representatives and the Oklahoma State Senate, and was a long-time member of the Oklahoma State and Education Employees Group Insurance Board.

• HB 1162 (Leist/Shurden) – ECONOMIC DEVELOPMENT. Requires the State Department of Agriculture to develop and expand new markets and identify the needs of government entities (including institutions and universities) for Oklahoma-made and Oklahoma-grown agricultural products. (2 § 2-11c, 74 § 85.5)

• HB 1720 (Paulk/Leftwich) – PRIVATIZATION FUNCTIONS. Creates the "Oklahoma Privatization of State Functions Act"; states purpose is to set guidelines for the privatization of state services to ensure that, if approved, privatization is cost effective and in the best interest of the citizens of the state; requires that agencies allow employees to submit a proposal for improving the operations, efficiency or organization of the entity being considered for privatization; requires agencies to provide reasonable assistance to its employees as they develop proposals to be considered; prohibits any state officer or employee with discretionary or decision-making authority in awarding a privatization contract from becoming an officer or employee of a business organization which is a party to such a contract with the subject state agency, for a period of two years; prohibits certain activities by business entities awarded such contracts; requires certification of certain information in writing. (74 § 595.1/595.7)

SECOND CCR ADOPTED - HOUSE 05/21/98

BILL AND EMERGENCY PASSED - HOUSE (70-28) 05/21/98

SECOND CCR ADOPTED - SENATE 05/27/98

BILL PASSED - SENATE 05/27/98

SIGNED & TRANSMITTED TO GOVERNOR 05/28/98

• HB 1822 (Askins/Rozell) – PURCHASING. Provides that a "sole source contract" means for state agencies that are not subject to the central purchasing provisions "a contract for a particular acquisition which, by the contract specifications needed by an agency, restricts the contract to one bidder or to one brand name"; Section 8 of the bill provides that certain contracts and acquisitions by State System institutions, the State Regents, and University Centers shall not be included within the purview of the Central Purchasing, but exempt from Purchasing Division processing [Note: The relationship between Section 8 of the bill and the exemptions in 74 § 85.3 is uncertain]; requires agencies to submit a copy of adopted internal purchasing rules or procedures to the State Auditor and Inspector at the time they are adopted by the adopting authority; requires each chief administrative officer of an agency to submit within 10 days after a legislative session commences a report listing all contracts equal to or greater than $2,500 but not in excess of $25,000; deletes section defining "sole source contract"; prohibits state agencies from engaging in contracts for temporary personnel services with private companies; provides certain exceptions. The conference committee substitute requires that acquisitions not exceeding $2,500 shall be made by a fair and reasonable process; requires that acquisitions between $2,500 and $10,000 be made pursuant to administrative rules of the Department of Central Services; requires that acquisitions between $10,000 and $25,000 be made by telephonic or faxed competitive bids; provides that state property shall be used only in the conduct of official state business. (74 §§ 85.2, 85.12, 85.39, 85.43, 89)

CCR ADOPTED - HOUSE 05/28/98

BILL PASSED - HOUSE 05/28/98

CCR ADOPTED - SENATE 05/28/98

BILL PASSED - SENATE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 2219 (Askins/Harrison) – MINORITY TEACHER RECRUITMENT/TEACHER PREPARATION. Extends the sunset date to 2004 for several entities including the Minority Teacher Recruitment Advisory Committee; removes the State Data Processing and Telecommunications Advisory Committee, the Teacher Preparation Commission and the Interdisciplinary Council on the Prevention of Juvenile Sex Offenses from the list; repeals Section 1 of Enr. HB 2229 which is duplicated in HB 2557. (74 § 3905)

• HB 2228 (Askins/Harrison) – DATA PROCESSING/TELECOMMUNICATIONS. Modifies sections relating to the State Data Processing and Telecommunications Advisory Committee; deletes the chair of the State Data Processing and Telecommunications Advisory Committee from officials to whom state agencies must submit proposals for computer equipment acquisitions for review; deletes language requiring the Office of State Finance to seek the advice of the committee in developing, operating and maintaining the Oklahoma Government Telecommunications Network; repeals a section relating to the State Data Processing and Telecommunications Advisory Committee. (62 § 41.5e)

• HB 2229 (Askins/Harrison) – MINORITY TEACHER RECRUITMENT. Recreates the Minority Teacher Recruitment Advisory Committee, which has oversight for implementation of the Minority Teacher Recruitment Center, until July 1, 2004. (70 § 6-130)

• HB 2279 (Stanley/Morgan) – MARITAL AND FAMILY THERAPISTS. Revises definitions relating to licensed professional counselors; authorizes licensed professional counselors to disclose information acquired from persons consulting the licensee when failure to disclose presents a danger to the health of any person, or if the counselor is part to a civil, criminal or disciplinary action arising from such therapy; modifies reasons for which a license may be denied, revoked, suspended or placed on probation; revises definitions relating to marital and family therapists; deletes language relating to temporary permits; deletes language relating to educational requirements for licensed marital and family therapists. (59 §§ 1925.1, 1925.2)

• HB 2287 (Roberts/Monson) – RETIREMENT. Enacts the "Defined Benefit Plan Amendments Act of 1998." The conference committee substitute provides that certain retirement options shall not be available to a member of Teachers’ Retirement if the member’s expected benefit is less than 50 percent of the lump sum actuarial equivalent and the designated beneficiary is not the spouse of the member.

CCR ADOPTED - HOUSE 05/28/98

BILL AND EMERGENCY PASSED - HOUSE 05/28/98

CCR ADOPTED - SENATE 05/28/98

BILL AND EMERGENCY PASSED - SENATE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 2290 (Roberts/Monson) – HEALTH/LIFE INSURANCE. Provides an exemption from the Records Management Act for confidential health, life, disability and dental claims and related files of the State and Education Employees Group Insurance Program; requires the creation of a Payment Rate Review Task Force to review all payments made to providers of medical care by the State and Education Employees Group Insurance Board; requires a report on the issues affecting health care delivery to state and education employees. (74 § 1306)

• HB 2313 (Eddins/Cain) – HEALTH INSURANCE/DENTAL CARE. Requires health benefit plans that provide hospitalization benefit plans to provide coverage for anesthesia expenses, hospital and ambulatory surgical center expenses and physician expenses associated with any medically necessary dental procedure when provided to a covered person who is severely disabled or a minor under age nine who has a medical or emotional condition that requires hospitalization or general anesthesia for dental care; allows such plans to require prior authorization for either inpatient or outpatient hospitalization for dental care in the same manner that prior authorization is required for hospitalization for other covered diseases or conditions; permits such plans to be subject to the same annual deductibles, co-payments or coinsurance limits as established for all other covered benefits under the plan. (36 § 6060.6)

• HB 2363 (Ross/Hendrick) – JOB TRAINING. Provides for a "Redevelopment Zone Incentive Act;" requires a business entity in order to qualify for certification to make available to employees a job training program; authorizes the entity to offer a job training program in conjunction with a vo-tech school or a State System institution. The conference committee substitute creates the "Community Development Capital Formation Study Act" and no longer pertains to job training in conjunction with a vo-tech school or a State System institution.

CCR ADOPTED - HOUSE 05/22/98

BILL AND EMERGENCY PASSED - HOUSE 05/22/98

CCR ADOPTED - SENATE 05/26/98

BILL AND EMERGENCY PASSED - SENATE 05/26/98

SIGNED & TRANSMITTED TO GOVERNOR 05/27/98

• HB 2405 (Toure/Morgan) – LANDSCAPE ARCHITECTS. Relates to the State Architectural Act; modifies definitions; modifies membership of the Board of Governors of the Licensed Architects and Landscape Architects to require that the two licensed landscape architects be actively engaged in the practice of landscape architecture or teaching professors of landscape architecture; requires that the professional members be appointed by the Governor from a list of nominees submitted by their respective state professional societies; requires a person applying to the Board for initial registration to submit satisfactory evidence that the persons holds an accredited professional degree in architecture or has completed equivalent education. (59 §§ 46.4, 46.8)

• HB 2430 (Askins/Hobson) – CREDIT CARD AGREEMENTS. Section 7 authorizes state agencies to enter into agreements with the State Treasurer to participate in credit card processing agreements and to pay the credit card vendor directly for any fees owed on transactions associated with that agency. (62 § 71)

• HB 2557 (Staggs/Horner) - Minority Teacher Recruitment. Re-creates the Minority Teacher Recruitment Advisory Committee until July 1, 2004; requires the presence of 10 advisory committee members or their designees to constitute a quorum; designates membership; modifies minority teacher recruitment responsibilities of the State Regents. (70 §§ 6-129.1, 6-130)

• HB 2563 (Bastin/Herbert) – REAL ESTATE COURSES. Modifies instruction requirement for licensure of real estate licensees; Section 11 requires a certified transcript from an institution of higher education, accredited by the State Regents or the corresponding accrediting agency of another state, certifying to the successful completion of certain real estate courses as a postlicense requirement. (59 § 858-304)

• HB 2566 (Laura Boyd/Monson) – LEAVE SHARING. Provides that a state employee donating sick leave may donate any amount of unused sick leave the employee has retained at the time of termination of the employee’s employment with the state. (74 § 840-2.23)

CCR ADOPTED - HOUSE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

CCR ADOPTED - SENATE 05/29/98

BILL AND EMERGENCY PASSED - SENATE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 2568 (Laura Boyd/Monson) - TEACHERS’ RETIREMENT/GARNISHMENT. Provides that for purposes of the various state retirement systems, benefit payments shall not be subject to attachment or garnishment, with the exception of qualified domestic orders; modifies provisions of the Teachers’ Retirement System related to qualified domestic orders; authorizes orders related to support of certain children. (70 § 17-109)

• HB 2578 (Betty Boyd/Henry) – OCAST/BREAST CANCER Moves the Oklahoma Breast Center Prevention and Treatment Advisory Committee from the Oklahoma Center for the Advancement of Science and Technology (OCAST) to the State Department of Health; creates a Breast Cancer Act Revolving Fund from which monies can be expended for research projects which would be subject to peer review. (63 § 1-557)

• HB 2607 (Rice/Easley) – HOLIDAYS. Expands the list of days designated as state holidays to include the Monday before Christmas if Christmas is on a Tuesday or the Friday after Christmas if Christmas is on a Thursday; authorizes the governor, if the President declares as a holiday any day other than those listed as state holiday, to issue an executive order declaring such day a state holiday. (25 § 82.1)

• HB 2651 (Turner/Wilkerson) – TECHNOLOGY. Defines technology as applied knowledge; provides that, when related to expenditure of public funds by educational and governmental entities the term will include, but not be limited to, information technology, telecommunications technology and implemental technology, and specifies examples of each. (70 § 1-107.1)

• HB 2695 (Roberts/Monson) - TEACHERS’ RETIREMENT. Enacts the "Cost-of-Living Adjustment Feasibility Analysis Act" relating to OTRS. The conference committee substitute provides that certain benefits of the Teachers’ Retirement System shall terminate on June 30, 1999, unless reauthorized prior to FY’00 and prior to each fiscal year thereafter; allows some employees to have refunded or transferred contributions made on compensation in excess of $25,000.

CCR ADOPTED - HOUSE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

CCR ADOPTED - SENATE 05/29/98

BILL AND EMERGENCY PASSED - SENATE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 2754 (Langmacher/Wilkerson) – TOURISM/RESEARCH. Amends sections of the sales tax code; Section 17 provides that no monies shall be transferred from the Oklahoma Tourism Promotion Revolving Fund to any other state agency or be used for the purpose of contracting with any other state agency with the exception of contracting and payment for research work completed by a State System institution. (68 § 50014)

• HB 2792 (Fields/Long) – UNEMPLOYMENT. Modifies the definition of "taxable wages" for purposes of the Oklahoma Employment Security Act of 1980; modifies the maximum benefit amount computation to provide for increases in the applicable percentage determined by the conditional factor; modifies conditions constituting good cause for voluntarily leaving work to include when a physician found that it was medically necessary for a claimant to stop working or change occupations due to diagnosis or treatment of medically verifiable illness or medical condition of the claimant or the minor child of the claimant and when the spouse of the claimant was transferred or obtained employment in another city or state and the family is required to move to that location and the job is more than 50 miles from the prior work location of the claimant; adds language defining what shall constitute misconduct for purposes of benefit disqualification; exempts from an employer’s benefit wage calculations any wages paid to an employee or former employee who was discharged from employment for unsatisfactory performance within 45 days from the first day a new employee began work; provides for a 50-percent reduction in employers’ contribution rates; requires that employers with a 5.5-percent-earned rate be reduced to 5.4 percent and those whose earned rate is 0.1 percent be reduced to 0 percent; makes such rate reductions ineffective if the amount of money in the unemployment trust fund falls below the level of the high cost multiple of 1.25; provides that monies credited to the account of this state in the Unemployment Trust Fund by the Secretary of the U.S. Treasury shall be used solely for administration of the Unemployment Compensation Program in this state. (40 § 1-223)

• HB 2802 (Ostrander/Rabon) – REPORTS. Deletes the requirement that certain reports be filed with the governor, the Senate president pro tempore and the House speaker; modifies requirements for annual reports and recommendations to be submitted by certain public entities; Section 16 requires that when a governing body of a public agency declares an emergency and does not comply with the provisions of the Public Competitive Bidding Act the reasons for not complying must be entered into the minutes, a copy of which must be submitted to the State Construction Administrator of the Department of Central Services who shall compile an annual report detailing all emergencies declared and submit the report to the Governor and the Legislature; Section 23 deletes the requirement that each teacher education institution provide the Office of Accountability an annual report regarding participation in the Alternative Placement Program; Section 25 changes the State Regents’ biennial report to an annual report; Section 26 deletes the requirement that the OU Board of Regents file a property inventory report; Section 27 deletes the requirement that the Board of Regents for the A&M Colleges file a property inventory report with the Governor and the Secretary of State; Section 29 requires agencies, whether or not said agencies are subject to the Central Purchasing Act, to submit a list of certain contracts to the Department of Central Services within 10 days after the commencement of the legislative session; requires Central Services to compile a report and submit it to the Legislature; Section 31 deletes the requirement for a certain report concerning the use of recycled products; Section 32 deletes the requirement for a report outlining certain usage of postal services by state agencies; Section 37 requires every state agency including all higher education institutions to submit annually a list of its state publications to the Publications Clearinghouse.

CCR ADOPTED - HOUSE 05/20/98

BILL AND EMERGENCY PASSED - HOUSE (93-1) 05/20/98

CCR ADOPTED - SENATE 05/20/98

BILL AND EMERGENCY PASSED - SENATE (45-0) 05/20/98

MOTION TO RECONSIDER - SENATE 05/20/98

MOTION EXPIRED - SENATE 05/26/98

SIGNED & TRANSMITTED TO GOVERNOR 05/27/98

• HB 2822 (Benson/Helton) – HOLIDAYS. Designates the third Monday in November of each year as "Oklahoma Native American Day"; requests that teachers and students observe the day with appropriate activities. (25 § 90.11)

• HB 2841 (Frame/Stipe) – HEALTH INSURANCE. The conference committee substitute requires an insurer to pay interest if an insurance claim is not paid within six months after receipt of proof of loss; establishes interest rate; provides for reevaluation of a denied claim.

CCR ADOPTED - HOUSE 05/27/98

BILL PASSED - HOUSE (77-11) 05/27/98

CCR ADOPTED - SENATE 05/27/98

BILL PASSED - SENATE (28-18) 05/27/98

SIGNED & TRANSMITTED TO GOVERNOR 05/27/98

• HB 2843 (Easley/Robinson) – HEALTH INSURANCE PORTABILITY. The conference committee substitute provides that when an individual or dependent who was covered by individual insurance pursuant to the federal Health Insurance Portability and Accountability Act of 1996 gains employment with an employer who provides for health insurance through a group plan, the succeeding group carrier must accept the insured individual and dependents who were covered under the prior coverage and shall not apply limitations or exclusions based on preexisting conditions or apply waiting period requirements for the insured individual or dependents beyond the time when any surviving exclusion or waiting period with the prior carrier would have been fulfilled; requires that the insured individual and any dependents must apply for the new coverage within 63 days following the date of termination of prior creditable coverage.

• HB 2855 (Steidley/Monson) – REDUCTION IN FORCE. Relates to purchase of retirement credit in state retirement systems; provides that the appointing authority of an agency which has an approved reduction-in-force plan may request the administrator of the Office of Personnel Management to appoint an interagency advisory task force to assist in implementing the reduction-in-force; provides that employees separated from state service as a result of a reduction-in-force shall be eligible for health insurance and other insurance products, including life insurance for the employee and dependents, offered to state employees through the State Employees Benefits Council for an additional 18 months in addition to the period provided by federal law, provided the employee did not allow coverage to lapse; allows affected former state employees who had a vested or state retirement benefit, was separated from state service as a result of a reduction-in-force since July 1, 1997, and was offered state severance benefits, to reinstate health insurance coverage any time within two years after the RIF date and be eligible to purchase all other benefits available to former employees with a vested benefit of the state public retirement system of which the employee is a member; requires that part-time employees shall have been compensated for at least 1,000 hours during the previous 12 months to be eligible for severance benefits; modifies calculation of "voluntary out" benefits; permits members of OTRS with 10 or more years of service whose positions are terminated and who are within three years of normal retirement to purchase retirement credit. (74 § 840-2.27C)

• HB 2860 (Steidley/Leftwich) – EMPLOYEE INFORMATION/ACADEMIC SCHOLARS/CARL ALBERT INTERNSHIP. Allows a state agency to disclose information regarding a current or former employee’s job performance to another state agency which is a prospective employer of the current or former employee without the employee’s consent; modifies language pertaining to the Carl Albert Internship Program by deleting language stating that persons attending state higher education institutions who qualify under the Academic Scholarship Act be encouraged to apply for positions in the internship program, the Undergraduate Internship Program and the Executive Fellows Program; modifies the state mentor program to provide that mentor executives complete a two-year management rotation assignment in which they are assigned to a policy level manager for six months in certain state entities; repeals a section relating to the Carl Albert Public Internship Program Advisory Committee. (74 §§ 3.4, 3.8, 840-3.3)

• HB 2863 (Bonny/Robinson) – TECHNOLOGY TRANSFER. Enacts the "Oklahoma Technology Transfer Act of 1998"; requires the State Regents to establish a model policy for technology transfer; authorizes the board of regents of each State System institution to own an equity interest in a private business enterprise if the equity interest is acquired through an exchange of value other than money and the exchange of value is made in connection with development of technology by the private business enterprise through the use of facilities or resources of such institution; permits acquisition of an equity interest through the use of the facilities, premises or assets of an institution or through the use of faculty or student expertise, including the value of time expended by faculty or students upon developing a technology in connection with a private business enterprise or entity; authorizes Oklahoma Center for the Advancement of Science and Technology (OCAST) to develop and implement a technology business financing program to assist qualified Oklahoma companies to commercialize new products and processes; provides that such financing must require a non-state-appropriated match and may require the payment of royalties, fees, interest or other revenues that result from the financing; authorizes OCAST to contract with its technology commercialization center or other qualified entity to operate the program; states legislative intent that the technology commercialization center funded through OCAST and technology transfer offices within the State System institutions complement each other’s capabilities and work closely to optimize each other’s effectiveness; requires the higher education technology transfer offices to create an entrepreneurial climate on the campuses to maximize opportunities for commercialization of technology resulting from university research; requires OCAST’s technology center to assist technology-based businesses to start up and grow in the state; modifies ethics rules to permit a State System employee to receive income from ownership interest in a technology or in a business enterprise commercializing the technology, or income earned as a consultant, adviser, or employee of such business enterprise when the technology is the result of research performed as part of his or her duties; provides that the provisions of the act are dependent on the approval of proposed constitutional amendments contained in HJR 1073. (70 § 3206.3)

• HB 2868 (Ervin/Roberts) –TELEMEDICINE. Creates the "Oklahoma Telehealth Act" for the purpose of providing for the continued statewide development and implantation of a system for the delivery of medical and other health care services through the statewide telecommunications system; creates a 13-member council; provides that the entity responsible for the administration and operations of the statewide telecommunications system shall appoint a liaison to the council and shall provide administrative and staff support for the council. The conference committee substitute creates the Telemedicine Advisory Council until July 1, 2004; requires the State Department of Health to assume responsibilities for telemedicine and the Oklahoma Telemedicine Network. (63 § 1-2701)

CCR ADOPTED - HOUSE 05/27/98

BILL AND EMERGENCY PASSED - HOUSE 05/27/98

CCR ADOPTED - SENATE 05/28/98

BILL PASSED - SENATE 05/28/98

EMERGENCY PASSED - SENATE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 2889 (Staggs/Hendrick) – SCHOOL TESTING/READING PROFICIENCY. Requires driver license or permit applicants under age 18 to successfully demonstrate a satisfactory reading ability at the eighth-grade reading level by successfully completing a reading proficiency test; provides for administration of an alternative test for students who fail to pass a criterion-reference test; provides that alternative tests shall be offered by testing sites which shall include the public schools and may include any of the following which chose to participate, area vo-tech school districts, regional education service centers, colleges, accredited private schools and other sites approved by the State Department of Education; provides that the first exam is free, but testing sites may assess a $25 fee for each subsequent test. (70 § 1210.515)

• HB 2894 (Weaver/Mickle) – TRUST INSTITUTIONS. Creates the "Multistate Trust Institutions Act"; provides that certain activities, including acting as trustee by a higher education institution or a university system, including affiliated foundations, with respect to endowment funds, do not require a charter. (6 § 1706)

• HB 2909 (Wells/Morgan) – PUBLIC CONSTRUCTION/REUSABLE INVENTORY. Increases from $7,500 to $12,500 the value of a public construction contract requiring competitive bidding; increases from $13,500 to $15,000 the limit on the value of a contract for which surety is not required; prohibits the splitting of contracts exceeding $12,500 in order to avoid competitive bidding requirements; increases from $100 to $500 the monetary limit required for certain reusable inventory of The Oklahoma State System of Higher Education, the University Hospitals and the Department of Central Services.

CCR ADOPTED - HOUSE 05/28/98

BILL AND EMERGENCY PASSED - HOUSE 05/28/98

CCR ADOPTED - SENATE 05/28/98

BILL AND EMERGENCY PASSED - SENATE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 2914 (Dunegan/Mickle) – FIRE ANT RESEARCH/OSU. Creates a nine-member Fire Ant Research and Management Advisory Committee, one member of which would be a university faculty member experienced in entomology who would be appointed by the Dean of the Division of Agriculture Sciences and Natural Resources of OSU; makes the committee an advisory body to the State Board of Agriculture; requires the Agriculture Department to contract with OSU to conduct fire ant basic research. (2 § 3-2)

• HB 2934 (Blackburn/Henry) – COLLEGE SAVINGS PLAN/TUITION TRUST. Creates the "Oklahoma College Savings Plan Act;" creates a seven-member board of trustees to administer the program; requires the board to recommend financial institutions to act as depositories and managers of Oklahoma college savings plan accounts; requires the State Regents to develop and implement the program and to select financial institutions to act as depositories and managers; outlines responsibilities of program managers; allows an account to be opened by any person who desires to save to pay for qualified higher education expenses; provides for withdrawals; provides for 10-percent penalty for non-qualified withdrawals; requires annual reports to the governor and the legislature; exempts interest received from an account from taxation as income until the taxable year that such interest is withdrawn from an account; provides that the State Regents shall implement the Oklahoma Tuition Trust Act no later than July 1, 1999. (70 §§ 3970.1/3970.11)

CCR ADOPTED - HOUSE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

CCR ADOPTED - SENATE 05/29/98

BILL AND EMERGENCY PASSED - SENATE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 2952 (Collins/Weedn) – RECYCLING. Moves up to Nov. 1 of each year the date by which state agencies must report to the Director of Central Services concerning agency recycling efforts. (74 § 85.55).

• HB 2963 (Glover/Morgan) – ADMINISTRATIVE PROCEDURES. Clarifies procedures for disqualification of hearing examiners or agency members from individual proceedings to require that the issue be determined by the administrative head of the agency or, if it affects a member of the agency, by the remaining members of the agency. (75 § 316)

• HB 3010 (Hamilton/Haney) – APPROPRIATIONS/OKLAHOMA CENTER FOR THE ADVANCEMENT OF SCIENCE AND TECHNOLOGY (OCAST)/SEOSU. Section 5 appropriates $330,000 to the Department of Commerce to provide monies for several entities including Southeastern Oklahoma State University Statewide Small Business Development Centers; Section 16 provides that the Department may expend the allocation to accomplish contractual responsibilities with SEOSU for its Small Business Development Centers Network to be used in conjunction with receipted federal funds for the network; provides that the network serve as a resource and advisor to the Department; Section 38 appropriates $2,689,260 to the Oklahoma Center for the Advancement of Science and Technology (OCAST); Section 39 provides the budget for the OCAST funds; Section 40 sets budgetary limitations for OCAST and provides that of funds appropriated in HB 3050 and HB 3010 $11,284,594 shall be deposited into the Research Support Revolving Fund. The Governor vetoed Section 1.

• HB 3039 (Hamilton/Haney) – APPROPRIATIONS/STATE REGENTS/PHYSICIAN MANPOWER. Appropriates $10,637,271 to the State Regents and $9,498 to the Physician Manpower Training Commission.

• HB 3048 (Hamilton/Haney) – APPROPRIATIONS. Section 11 amends Section 1 of HB 3039 increasing the appropriation to the State Regents to $14,859,500; Section 12 appropriates $5,140,500 from the Special Cash Fund to the State Regents.

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 3050 (Hamilton/Haney) – APPROPRIATIONS. This is a general appropriations bill for state government, which guarantees all agencies a "base" budget for the coming fiscal year (FY’99). The amount appropriated in the bill for higher education is $693.3 million, the same level that was appropriated for FY'98. The bill includes appropriations for the State Regents (Section 11 - $650,835,174 for the education and general operating budgets; Section 12 - $3,917,787 for operation of the administrative offices; Section 13 - $38,546,430 from the Special Cash Fund for the education and general operating budgets and for other programs); the Physician Manpower Training Commission (Section 16 - $5,090,245 from the General Revenue Fund; Section 17 - $400,000 from the Special Cash Fund); OCAST (Section 20 - $9,050,272); the Teacher Preparation Commission (Section 21 - $624,510 and Section 22 – 905,737); and the University Hospitals Authority (Section 75 - $26,576,556 from the General Revenue Fund).

• HB 3065 (Hamilton/Haney) – APPROPRIATIONS. Section 1 appropriates $9,362,729 to the State Regents from the Special Cash Fund.

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 3066 (Hamilton/Haney) – CAPITOL PROJECTS. Section 1 authorizes various capital projects including $45 million for projects at State System institutions and $2 million for a Technology Incubator Program for the University Hospitals Authority;

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 3070 (Hamilton/Haney) – SOLE SOURCE CONTRACTS/BIDS. The conference committee substitute provides that any individual or business entity that assists a state agency in evaluating bids submitted by vendors pursuant to a request for proposals or an invitation to bid shall be ineligible to receive a contract pursuant to the RFP or invitation to bid; requires state agencies to disclose the names of such individuals or business entities; makes it unlawful for any public officer or employee to disclose bid specifications or other information which will be contained in a bid notice issued by a state agency; makes it unlawful to solicit such information; modifies content of non-collusion affidavit. (74 § 85.42)

CCR ADOPTED - HOUSE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

CCR ADOPTED - SENATE 05/29/98

BILL AND EMERGENCY PASSED - SENATE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 3086 (Braddock/Morgan) – INTERNAL AUDITS. Directs boards of regents of State System institutions to require a quality control review of the internal audit function for each institution under its governance; deletes the requirement for the state auditor and inspector to perform quality control reviews of such internal audit functions but requires a copy of the report on the quality control review to be filed with the auditor and inspector. (74 § 213)

CCR ADOPTED - HOUSE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

CCR ADOPTED - SENATE 05/29/98

BILL AND EMERGENCY PASSED - SENATE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 3120 (Begley/Roberts) – TECHNOLOGY. Creates the "Technology in the Classroom Act"; creates the eight-member Commission on School Technology; requires the Commission to develop a state classroom technology plan; outlines criteria for plan; requires local boards of education to develop district plans; creates the Common Education Classroom Technology Fund; requires higher education institutions to develop related plans; authorizes the State Board of Education to allocate funds to implement plans.

CCR ADOPTED - HOUSE 05/29/98

BILL AND EMERGENCY PASSED - HOUSE 05/29/98

CCR ADOPTED - SENATE 05/29/98

BILL AND EMERGENCY PASSED - SENATE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 3144 (Paulk/Helton) – CHILD CARE/SEX OFFENDERS. Permits a local law enforcement agency to photograph an offender registered with the Corrections Department when such person returns the annual address verification form to the local law enforcement agency; allows copying of the file of sex offender registrations; provides for language on notice sent to any public or private elementary school or child care facility licensed by the state; provides requirements for dealing with a sexually violent predator. (57 § 582)

CCR ADOPTED - HOUSE 05/29/98

BILL PASSED - HOUSE 05/29/98

CCR ADOPTED - SENATE 05/29/98

BILL PASSED - SENATE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 3152 (Benson/Taylor) – TAX CUTS/COLLEGE SAVINGS PLAN. The conference committee substitute is a tax-cut package. The package includes the Oklahoma College Savings Plan Act which would give families an income tax exemption for interest earned on accounts they set up to finance their children’s college expenses.

CCR ADOPTED - HOUSE 05/29/98

BILL PASSED - HOUSE 05/29/98

CCR ADOPTED - SENATE 05/29/98

BILL PASSED - SENATE 05/29/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 3160 (Satterfield/Morgan) – PUBLIC SAFETY OFFICERS/EDUCATION REQUIREMENTS. The conference committee substitute no longer requires an educational incentive; Section 3 requires that any person appointed to the Highway Patrol Division on or after Jan. 1, 1999, must have an associate degree or a minimum of 62 hours from an accredited college or university; requires a person in the Capitol Patrol Division to have certain experience or 15 semester hours from an accredited college or university; requires a person in the Communications Division to have certain experience or 15 semester hours from an accredited college or university. (47 § 2-104)

• HB 3169 (Betty Boyd/Williams) – GENETIC NONDISCRIMINATION. Creates the "Genetic Nondiscrimination in Insurance Act" and the "Genetic Nondiscrimination in Employment Act"; prohibits certain actions by insurers for the purpose of determining eligibility of an individual for any insurance coverage, establishing premiums, limiting coverage, renewing coverage, terminating coverage or any other underwriting decision in connection with the offer, sale or renewal or continuation of a policy except to the extent and in the same fashion as an insurer limits coverage or increases premiums for loss caused or contributed to by other medical conditions presenting an increased degree of risk; prohibits an employer from using genetic information of an employee or prospective employee in order to discriminate against or restrict any employee right or benefit, other than in connection with the determination of insurance coverage or benefits. (36 § 3614.1)

CCR ADOPTED - HOUSE 05/26/98

BILL AND EMERGENCY PASSED - HOUSE 05/26/98

CCR ADOPTED - SENATE 05/28/98

BILL AND EMERGENCY PASSED - SENATE 05/28/98

SIGNED & TRANSMITTED TO GOVERNOR 05/29/98

• HB 3171 (Hopper Smith/Long) - HEALTH INSURANCE. Requires the State and Education Employees Group Insurance Plan, health maintenance organizations (HMOs) and every medical group which contracts with HMOs to reimburse all clean claims from an enrollee, an assignee or a health care provider within 60 days after receipt of the claim; requires the insurer, if a claim or a portion of a claim is determined to have defects, improprieties or circumstance requiring special treatment, to notify the enrollee, assignee or health care provider in writing within 45 days after receipt of the claim; requires that the written notice specify what portion of a claim is causing a delay in processing and explain what additional information or corrections are needed; requires that the portion of the claim that is accurate be paid within 60 days after receipt of the claim; makes overdue payments subject to simple interest at the rate of 10 percent per year. (63 § 2514)

• HB 3189 (Gray/Leftwich) – ADMINISTRATIVE PROCEDURES. Modifies definitions used in the Administrative Procedures Act; exempts State System governing boards from Art. I of the Administrative Procedures Act; increases the time allowed for the governor to approve a preemptive rule from 14 calendar days to 28 calendar days; requires that the governor’s approval and approved preemptive or emergency rules be retained as official records by the Office of Administrative Rules; extends the time allowed for publication of the Administrative Code from July 31 of each year to August 15 of each year; requires agencies, by Dec. 31, 2002, to maintain and index all orders that the agency intends to rely upon as precedent; provides that, after that date, an order shall not be relied upon as a precedent by an agency to the detriment of any person until it has been made available for public inspection and indexed; requires agencies, within 10 days after adoption of a permanent rule, to file two copies with the Governor, the House speaker and Senate president pro tempore all such new rules or amendments, revisions or revocations to an existing rule proposed by an agency and the agency rule report; requires that the text of adopted rules be submitted to the House speaker and Senate president pro tempore, as well as the Governor; permits agencies with more than 100 pages of rules in the Oklahoma Administrative Code that are unable to meet the Dec. 31, 1998, deadline for review of regulations to have until Dec. 31, 2000, if the agency develops, files and publishes a schedule for compliance; requires each agency to file by Dec. 31, 2000, a report summarizing the actions taken to comply with the regulation review; provides that no agency, board, commission or public trust shall establish or increase fees, except when the legislature is in session, unless specifically mandated by the Legislature or federal law, or when failure to do so would conflict with a court order; makes an exception for higher education institutions; requires justification of proposed fee increases. (75 § 250.3; 74 § 3117)

• HB 3213 (Paulk/Horner) – SECTION 13 FUNDS/SMOKE DETECTORS FOR DEAF. This is a clean-up bill. Modifies several statutes by changing "hearing impaired" to "deaf or hard-of-hearing." Sections 28, 29 and 37 of the bill update references to OSU and Langston in sections of the Statutes relating to Section 13 lands; Section 38 changes the words "hearing impaired" to "deaf or hard-of-hearing" in a section of the Statutes that requires any school or college that provides housing to deaf and hard-of-hearing individuals to make a visual warning smoke detector available for each such individual’s use. (74 § 324.11b)

• HB 3226 (Benson/Taylor) – STATE AIRCRAFT. Prohibits the use of state aircraft for political purposes or to travel to a place to perform a service for which the person or any immediate family member receives compensation or to an event where others are charged an admission fee or donation, except where the charge is for charitable purposes or the fee is a customary charge; requires the Office of State Finance to develop travel log forms and procedures; specifies information to be included in the travel use log. (74 § 500.6A)

• HB 3241 (Ferguson/Gustafson) – EMPLOYEE OATHS. Requires the oath or affirmation subscribed to by every state employee to be filed with the personnel officer of the state entity employing the state employee. (51 § 36.3)

• HB 3244 (Staggs/Robinson) – SPEECH PATHOLOGY. Changes the Speech Pathology and Audiology Licensing Act to the Speech-Language Pathology and Audiology Licensing Act and adds the term "speech-language pathology" throughout the statute; expands services which may be provided by audiologists; modifies the education requirements for licensing under the Act; requires that educational programs meet or exceed prevailing national standards; authorizes the Board of Examiners for Speech-Language Pathology and Audiology to establish continuing education requirements as a condition for the renewal of licensure. (59 § 1601/1604)

• HB 3287 (Perry/Robinson) – ELECTRONIC SIGNATURES. Establishes a pilot program for use of electronic commerce, including the use of digital signatures in state government; recreates until Feb. 1, 1999, the Task Force on Electronic Signature Technology, of which the Chancellor is a member; creates the "Electronic Records and Signature Act of 1998"; states purpose of the act is to facilitate and promote electronic commerce; provides that this act shall not apply to certain rules of law relating to documents and records; provides that a record or signature shall not be denied legal validity solely because it is in electronic form. (15 §§ 960/968)

• HJR 1073 (Bonny/Robinson) – TECHNOLOGY TRANSFER. Proposes a constitutional amendment authorizing the use of public facilities at State System institutions if the use is in connection with a project involving the research or development of a technology, whether or not the technology is protected pursuant to federal or state law governing intellectual property, the results of which have potential economic value for a business enterprise or private business entity involved in the project with the institution; requires the legislature to enact laws authorizing such institutions, and such employees thereof, to have an ownership interest in a technology, whether or not the technology is protected pursuant to federal or state law governing intellectual property and to have an ownership interest in a business enterprise or private business entity, if such ownership interest is acquired as a result of research or development of a technology involving the authorized use of facilities, equipment or services of such institutions.

• HCR 1081 (Deutschendorf/Robinson) – WEBSITE COMPLAINT FORM. Directs state agencies that have an established Internet website to make available on the website a plain-language form through which individuals can register comments or complaints relating to the performance of persons, businesses or other entities regulated by the agency; requires that the website provide instructions on filing the complaint or making the comment electronically, or on the manner in which to download, complete and mail the form to the agency, or both, consistent with whichever method the agency establishes for the filing of the form; requires each agency to develop a method to download and print any comment or complaint forms filed electronically and to ensure that the filed forms and the information in the forms cannot be accessed electronically by the public through the Internet website; requires that the state agency ensure that the information be protected from tampering and kept confidential.

• HCR 1087 (Laura Boyd/Brown) – CHILD ABUSE PREVENTION/OU. Recognizes April as Child Abuse Prevention Month; recognizes the University of Oklahoma College of Continuing Education Center for Child and Family Development for their annual Pedaling for Prevention Campaign.

• HCR 1104 (Cox/Leftwich) – TEMPORARY EMPLOYEES. Expands the oversight function of the House and Senate appropriations committees during the 1998 interim to include examination of the use of temporary employees and for-profit temporary employment agencies by state agencies.

• HR 1036 (Ingmire) – OSU COLLEGE OF VETERINARY MEDICINE. Commemorates the OSU College of Veterinary Medicine on its 50^th anniversary.

• HR 1055 (Plunk) – MARVIN STOKES. Proclaims May 18, 1998, as Marvin Stokes Day; recognizes him for his educational achievements, including receiving the Distinguished Alumnus Award from East Central University.

• HR 1060 (Covey) – WEATHERFORD/SWOSU. Honors the City of Weatherford on its 100^th anniversary; recognizes the community leaders who worked to have a state educational institution located in Weatherford and were able to establish Southwestern Normal School which is now Southwestern Oklahoma State University.

ADOPTED - HOUSE 05/26/98

• HR 1062 (Glover) – A&M COWPOKES/RODEO CHAMPIONS. Commemorates the 50^th anniversary of the Cameron Aggie Club’s first intercollegiate rodeo featuring as the first place winners the Oklahoma A&M Cowpokes.