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December 28, 2007

Legislative recap for 2007: More laws

OKLAHOMA CITY — Thomas Jefferson once said: “Laws made by common consent must not be trampled on by individuals.”

But some issues, like many of those discussed and passed by Oklahoma legislators in 2007, did not receive the consent of all legislators.

The legislative session became part of history. The Senate ended up with a 24-24 tie between Democrats and Republicans. The leaders of both parties devised a power-sharing agreement to deal with the situation that never previously occurred in Oklahoma history.

Several leaders were surprised at how well the process worked.

Senate President Pro Tempore Mike Morgan, D-Stillwater, shared his title and duties with Sen. Glenn Coffee, R-Oklahoma City, and said he was pleased with how the session turned out.

He said it was an achievement “that we got through and got out early.” The Senate finished its work one day before the set adjournment. He said sharing the power between the two parties might be a bit more challenging in 2008 because it is election year.

“I believe we’re up to the task,” Morgan said.

Sen. Owen Laughlin, R-Woodward, also thought it was a productive year.

“The overall legacy was that we found a way to do the people’s business without contention and without a lot of strife,” said the Republican floor leader.

But some issues did cause strife in both Chambers.

Here is a recap on some of the issues of 2007.



Budget Brawl

• The governor and House Democrats faced off with House Republicans and Senate Democrats in a two-month battle of the budget. Gov. Brad Henry vetoed the budget bill in late March, saying he and House Democrats were not included in the budget negotiations. It took two months until Henry and House Speaker Lance Cargill, R-Harrah, met in person to discuss the budget. Leaders made an agreement three days before the Legislature adjourned.



Immigration

• One piece of legislation brought national attention to the state and other states have copied it through proposed legislation. House Bill 1804, which was signed by the governor in May, requires public employers to verify the residency status of new employees; requires local and state law enforcement agencies or county jails to verify legal status; requires anyone seeking state identification to prove residency or citizenship; and terminates government subsidies like health care and welfare for illegal immigrants except in certain emergency and humanitarian public services. It is also a felony to knowingly conceal, harbor, shelter, transport or attempt to transport an illegal immigrant. An exception will allow the transportation or harboring of illegal immigrants if associated with public benefits allowed by federal law or public health services provided by private funds through a private charity.

The legislation led to lawsuits and protests.

On Nov. 1, the day the law took effect, more than 500 protestors gathered at the Capitol steps chanting “justicia, justicia,” which is Spanish for justice. The law was contested in court and the case was dismissed several times because the plaintiffs did not show how the law damaged them, according to reports from the Tulsa judge who heard the case.



Abortion

• Oklahoma became the only state this year to pass legislation that would prohibit certain abortions in state-funded medical facilities. Senate Bill 139 prohibits abortions in state medical facilities or by state employees unless the life of the mother is threatened, she poses the risk of impairment to major bodily functions or in the case of rape or incest. The governor previously vetoed Senate Bill 714, which included most of the same language as Senate Bill 139 but did not allow the provision on rape or incest. Democratic senators sustained the vote during two override attempts.



Education

• School districts were pinching pennies for several months this year before the Legislature chipped in to help pay for mandated teacher pay increases and benefit increases. The deadline to notify personnel on whether their contract was extended for another year was April 10. Several school districts had to lay off personnel because of budget issues. A $41.5 million supplemental funding appropriation was made March 28 to go toward the $3,000 teacher pay raises and the benefit increases that were mandated by the Legislature in 2006. An additional $22 million came through supplemental funding in May to finance the pay increases.



Oklahoma’s Promise

• Senate Bill 820 set up a permanent funding source for the Oklahoma Higher Learning Access Program, which provides college scholarships based on how much families earn, a student’s high school grades, good behavior and rigor of high school courses.



Public Pension

• The Teachers’ Retirement System may dig out of its current 49.3 percent funding level to reach 80 percent funding in about 20 years because of the passage of Senate Bill 357. The system is about $7 billion underfunded and is the third worst funded public pension system in the nation.

The bill gradually increases employer contribution rates until they eventually increase by 1.5 percent. The employer contributions would potentially increase by $9 million in fiscal 2008, by $27.7 million in fiscal 2009, by $47.4 million in fiscal 2010 and by about $58.3 million in fiscal 2011. The goal is to incrementally increase contributions by about $60 million each year so there is an increase to overall funding of the system. The increased contributions will only occur if tax revenue grows because the money will have to be appropriated by the Legislature.



Crime and Punishment

• The “Letha Kay Louise Slate Act,” changed the definition of neglect when trying to prove child neglect in court. Proving neglect required showing a lack of food, shelter, medical care, proper clothing and supervision in the past. Now the “and” was changed to “or” so that not all qualifications need to be met to charge a person with neglect. Senate Bill 790 also calls for the disclosure of child death or near-death documentation through the Department of Human Services and the Commission on Children and Youth.



• House Bill 1816 increased the penalty for sex offenses against children under 12 to at least 25 years in prison, with up to life imprisonment. There was no minimum sentence previously for the offense.



• Senate Bill 35, among other things, directed the Department of Public Safety to print the terms “sex offender” on Oklahoma identification cards if the Department of Corrections deems the person an aggravated or habitual offender.



• Senate Bill 371 made it a felony, instead of a misdemeanor, to knowingly and willfully report false information to the AMBER alert system, which deals with missing children.



• House Bill 1329 increased the jail term for individuals convicted of identity theft, which is a felony offense. The current length of imprisonment is not to exceed two years, but the law increases it to no less than one year nor more than five years. The possible fine of $100,000 is still part of the law.



• House Bill 1714 prohibited sex offenders from having an account on a networking Web site, such as MySpace or Facebook, as part of the person’s probation. Sexual offenders may also be required to register any e-mail addresses, instant messaging or other Internet communication identities with the court that he or she uses or plans to use.



Children’s Health Care

• Senate Bill 424 increased the eligibility for Medicaid for children from 185 percent of the federal poverty level to 300 percent. The legislation is supposed to increase the amount of children eligible for Medicaid by about 42,000 kids. The program will cost the state about $8 million a year and is a public-private partnership where the state will give matching funds for families wanting to enroll children for Medicaid.

To begin the changes, the Oklahoma Health Care Authority must submit a waiver to the federal Centers for Medicare and Medicaid Services and wait for approval of the waiver, which could take about six months to a year, according to a spokesperson with the Oklahoma Health Care Authority. The program is for children under the age of 18 whose family meets the poverty level requirements and the program can be accessed through employer-sponsored or private insurance. There are also programs for partial coverage.



Jaclyn Houghton is CNHI News Service Oklahoma reporter.

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