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Sen. Sharp files legislation allowing DAs to decide charges for hate crimes

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News Release
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OKLAHOMA CITY – In an effort to deter future hate crimes and ensure criminals are held accountable, Sen. Ron Sharp has filed legislation strengthening Oklahoma’s hate crime law.  Senate Bill 1083 would allow districts attorney to choose whether to charge hate crime offenders with a misdemeanor or felony. 

            “When working to improve public safety, it’s important that criminals be held accountable for their crimes and that their punishment reflect the severity of their crimes,” said Sharp, R-Shawnee.  “Currently, Oklahoma’s hate crime statutes are not strong enough and I want to thank D.A. Allan Grubb for bringing this to my attention.  This bill will enable district attorneys to look at the evidence of a hate crime and decide what punishment best suits the circumstances to ensure justice is fully served.”

            Under current law, a first time hate crime offense is a misdemeanor while subsequent offenses are felonies.  SB 1083 will give DAs discretion when deciding what charges to file.

The bill was requested by Pottawatomie District Attorney Allan Grubb. Grubb filed hate crime charges including aggravated assault and battery, and conspiracy and malicious intimidation, in July against Devan Johnson and Brandon Killian for the brutal beating of Jarric Deshawn Carolina on June 22.  The two white men were caught on tape repeatedly punching, kicking and shouting racial slurs at Carolina, who is black, outside the Brick House Saloon in Shawnee.  Carolina’s life-threatening injuries put him in ICU where he spent two days on a ventilator.  He has since returned home where he is still recovering and has been unable to return to work.  Carolina developed an eye socket injury and has trouble walking and remembering things.

“Hate crimes are becoming more prevalent, and as District Attorneys, it’s important we have the ability to file charges that fit the crime.  Mr. Carolina had a brutal crime committed against him yet under current law, these two men can only be charged with a misdemeanor.  That isn’t adequate justice. They nearly killed Mr. Carolina and deserve a much harsher sentence,” Grubb said.  “I want to thank Senator Sharp for filing this important public safety legislation and hope it makes it through the legislative process quickly to ensure future hate crime victims receive fair justice and offenders are prosecuted to the fullest extent of the law.”

            The two men were charged with aggravated assault and battery and conspiracy and malicious intimidation, all of which fall under Oklahoma’s hate crime statute. Killian has also been charged with preparing false evidence for punching himself in the face repeatedly to make it appear Carolina had hurt him. After getting out on bail, Killian was arrested again in July in Oklahoma County after missing a court date for prior drug and stolen vehicle charges.

            SB 1083 will be assigned to committee when session begins in February.

From the Desk of Senator Chris Kidd

By
Chris Kidd
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We’re gearing up for session with interim studies and meetings with state agencies, organizations, the business community and constituents.  I’ve been busy this month between events around the district and meetings at the Capitol. 

 At the beginning of the month, I had the pleasure of being on a panel to help select new FFA chapter officers at Central High School.  We got to hear some fantastic speeches.  As a former FFA member myself, I always enjoy hearing about the great things our local FFA students are doing to help their communities and the agricultural industry. I want to thank Mr. Curry for including me in this special event.

The Senate Agriculture and Wildlife Committee and the Appropriations Committee have heard three studies so far.

We looked at the rules and regulations of beef processing plants.   Presentations were made by Dr. Rodney Holcomb, OSU Agricultural Economics Professor and Charles B. Browning Endowed Professorship in Food Science; Jake Nelson, Facilities Manager/Meat Processing Specialist at the OSU Robert M. Kerr Food & Agricultural Products Center; Shellie Chard, the Water Quality Division Director at the state Department of Environmental Quality; and Scott Yates, the Food Safety Division Director at the state Department of Agriculture.

In Appropriations, we looked at education funding and specifically bilingual funding, testing, qualifications, school procedures, transparency and accountability.  Speakers included Matt Richmond, the Chief Operating Officer for EdBuild; Dan Ruhl, OSDE’s Executive Director of English Proficiency and Chris Berry, Oklahoma City Public School’s Director of Language and Cultural Services.

We also studied transportation funding in a changing virtual environment, funding for schools utilizing city transit systems and the 1.5-mile rule for transportation.  Presenters included Monty Guthrie, Deputy Superintendent of Finance and Federal Programs; Ron Flanagan with Muldrow Public Schools; Jason Simeroth of Yukon Public Schools; NCSL Senior Fellow of Education, Daniel Thatcher, JD; and EdBuild COO Matt Richmond.

 Two weeks ago, I joined Ag Secretary Arthur in presenting a meat processing grant check to 5th Avenue Cattle Processing in Sterling. In total, 40 locations statewide split $10 million in federal funds from the CARES Act to expand processing capacity. It’s important that we do all we can to support our local plants to get local products to stores as efficiently and quickly as possible.

  We also had our monthly Caucus meeting to discuss interim studies and the upcoming session.  We are currently working on our agenda and what issues we’re going to focus on in the 2021 session.

 I also want to thank Chuck Wagner for asking me to speak at Duncan High School.  We had a Q&A session with the students about how the legislative process works.  

  Last week, I joined Office of Juvenile Affairs Director Rachel Holt at the OJA facility in Manitou to work on future plans ensuring the continued success for that facility. 

  I also celebrated with Frederick Elementary School as they were designated by the U.S. Department of Education as a 2020 National Blue Ribbon School.  This is a prestigious honor only awarded to the very best schools in the country. This year, a total of 367 schools were named including six Oklahoma schools.     

  Frederick Elementary was recognized as an Exemplary Achievement Gap Closing School meaning they are among the state’s highest performing schools in closing achievement gaps between their student groups and all students. Student assessment scores, subgroup scores and graduation rates were used to determine this year’s winners.

  Congratulations to the teachers, administrators, faculty, parents and students of this wonderful community and school system.  This award not only reflects on the tremendous education system but the parents who are engaged in their children’s schooling and success. 

 Thank you again for the privilege of serving our district and the State of Oklahoma in the Senate. If I can be of any assistance, you can reach me at (405) 521-5563 or Chris.Kidd@oksenate.gov.

Sine Die – The End of the Legislative Session

By
Marcus McEntire
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Lawmakers adjourned the Second Regular Session of the 56th Legislature on May 3, wrapping up work three weeks earlier than is statutorily required. Despite the early Sine Die, legislators were able to accomplish some significant policy gains this session. “Sine Die” is the end of session; it is a latin term that means “without day” or adjournment.

The reforms I have the most hope for concern our state’s criminal justice system. My colleagues and I passed nine measures aimed at streamlining our sentencing structure, authorizing bonds to fund repairs at state penitentiaries and creating risk assessment tools. By investing money into the front end of people’s lives, instead of stacking felonies and increasing sentence lengths, Oklahoma should be able to reap millions of dollars in savings.

The Legislature’s hope is to transfer those savings to intervention and diversion programs as well as mental health services. By doing so, Oklahomans will have a better chance of staying out of prison and getting their lives back on track. I’ve heard concerns about these reforms not going far enough, but I know we can all agree these are important steps toward bettering the future of so many Oklahomans.

Of course, the biggest achievement this session was balancing the state budget. As our economy continues to rebound, more money flows into our state’s general revenue fund. When you combine those additional dollars with the revenue measures lawmakers passed this session, our state agencies should feel the difference. These departments have undergone years of funding cuts, and providing them with budgetary increases was a welcome relief. My goal is to properly fund core services without bloating government and do so without waste.

I am keenly aware the money the Legislature doles out belongs to you, the taxpayer. Thankfully, we have developed important checks and balances that should constantly evaluate government spending. The Incentive Evaluation Commission is integral in ensuring the money we spend on tax credits and incentives reap a good return on investment. The Agency Performance and Accountability Commission will be invaluable as lawmakers move toward forming each year’s budget. As those experts relay their findings to the Legislature, we will consider our practices and adjust as necessary. Also, we saw the legislature return to line-item budgeting this year. This is huge because line-item budgeting keeps bureaucrats accountable to the legislature and, ultimately, the people. We are on the right track, but there is still much work to do.

Some people have asked why lawmakers opted to adjourn three weeks early instead of sticking it out through the end of May to continue policy work. The short answer is this – the Legislature absorbed hundreds of thousands of dollars in unexpected cost through both special legislative sessions and other major events that occurred this year. By ending formal session early, lawmakers are saving taxpayer dollars while spending much-needed time back in their districts. Work continues at the local level, and I know we’re all glad to be home for a bit.

Please don’t hesitate to reach out if you need anything. I’m at Marcus.McEntire@okhouse.gov or 405-557-7327. Thanks, and may God bless you and this great state.

Senate bills filed for 2018 session

By
Curtis Plant
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The Senate has completed filing bills for the Second Session of the 56th Legislature. A total of 706 Senate bills were filed along with 23 Senate Joint Resolutions. In 2016, a total of 831 Senate bills and 46 Senate Joint Resolutions were filed.

The deadline does not apply to appropriations bills which can be filed throughout the session. In addition, substantive bills can be introduced during the session after the filing deadline. In order for this to occur, the Majority Floor Leader must assign it to a committee and the entire committee becomes the published author of the bill. Such bills must still be heard on the floor by March 22, the deadline for floor votes on legislation originating in the Senate. Measures not heard within that time frame will be considered dead and cannot be reconsidered.

The process of authoring bills by committee was first adopted by the Senate in 2015 to do away with shell bills, which were bills with no language used as vehicles for measures later in the session. The change was aimed at increasing transparency in the legislative process.

Legislation can be read and downloaded through the official State Senate website at www.oksenate.gov by following the link for Legislation at the top of the homepage. The Senate website also includes daily agendas, meeting notices, calendars, and other helpful information.

You can also follow the Oklahoma State Senate on Twitter at OKSENATEINFO.

The Senate offers streaming audio and video from the Senate Chamber, as well as from all committee rooms. Wireless Internet access is available to all Capitol visitors throughout the Senate gallery, rotunda, committee rooms, offices and press rooms.

The 2018 legislative session will reconvene on Monday, February 5.

Governor Fallin signs into law reforms to help pregnant women in jails and prisons

By
Curtis Plant
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OKLAHOMA CITY– On Thursday Oklahoma Governor Mary Fallin signed into law reforms to health care for pregnant people in jails and prisons. The newly signed law will ban shackling women who give birth during incarceration, prevent dangerous restriction methods and provide a loved one or professional doula present during labor.

Advocate for mothers in the justice system, and mother who herself served time in the justice system, D’Marria Monday headed up the effort to pass HB 3393. As a member of the National Council of Incarcerated and Formerly Incarcerated Women and Girls, Monday wanted to help end the atrocity and include Oklahoma in the national movement to end shackling. In the summer of 2017, Monday brought the issue of pregnancy care in prisons to her House Representative, Regina Goodwin, who then sponsored the bill on Monday’s behalf.


“Working to pass this legislation is more than just a passion project for me because I know how this legislation will change women’s lives and help keep babies healthy.” Said Monday, “A child that comes into this world under distress is at a disadvantage, and these babies are our futures.”

Before the passage of this law, it was not explicitly illegal to shackle incarcerated women during birth and a number of women came forward with their own stories of shackled birth in prison as Monday organized this effort. The measure will protect the health and dignity of pregnant individuals behind bars, as well as increase safety for their babies. The new law will require the safest possible restraints for pregnant people, as a means of preventing falls which can lead to hemorrhaging and miscarriage.

“I decided to take action because I can not let these atrocities happen to one more person.” Monday said about championing the bill, “When I brought this bill to my Representative, Regina Goodwin, I was so excited for the opportunity to pass this bill. The support my bill received has been heartwarming and it means so much to me now to see it signed by the Governor.”

Health care and women’s advocates across the state are celebrating the passage of this bill. The reforms are poised to bolster respect and quality medical treatment for mothers and babies during incarceration.

 

New law to allow Oklahoma farmers to grow hemp

By
Curtis Plant
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OKLAHOMA CITY – Sen. Lonnie Paxton applauded Gov. Fallin for signing legislation Tuesday to help grow Oklahoma’s agriculture industry by allowing farmers to grow industrial hemp. House Bill 2913, by Sen. Paxton, Rep. Jon Echols and Rep. Mickey Dollens, creates the Oklahoma Industrial Hemp Agricultural Pilot Program.

“Currently, Oklahoma can import hemp but can’t grow it.  This will help diversify our state’s struggling economy and will provide a tremendous boost to the agriculture industry,” said Paxton, R-Tuttle.  “This new industry will potentially create thousands of jobs and put hundreds of millions of dollars a year into our economy.  There’s a strong possibility that it could easily become a $1 billion industry.”

The new law will allow universities or farmers contracting with universities to cultivate certified hemp crops for research and development for industrial uses.  The Department of Agriculture, Food, and Forestry will manage the program.  A revolving fund will also be created for all registration, lab, and inspection fees paid by program participants.

Hemp is the strongest natural fiber in the world and has been found to have more than 50,000 uses including rope, clothes, food, paper, textiles, plastics, insulation and biofuel.  Being a weed, it is drought tolerant taking one-third the amount of water of alfalfa.  The benefits of cultivating this plant is that it can yield 3-8 dry tons of fiber per acre per year, which is four times what an average forest can yield and it does not require chemicals such as pesticides or herbicides. Hemp could yield Oklahoma farmers as much as $1,500 per acre.

The new law, which went into effect upon being signed, was made possible by the Agricultural Act of 2014 allowing the growing of hemp under pilot programs overseen by universities.  Nearly 40 other states already have industrial hemp programs.

Republicans Blame Democrats for Failed Vote on Teacher Pay Raise

By
Michael Bergstrom
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Here Is Where the Blame Lies

On Wednesday night, March 14, the Oklahoma Senate Republicans once again offered a bill that would raise enough revenue to give every Oklahoma teacher a 12.7 percent ($5,000 average) pay raise, provide state employees a $2,500 raise, and restore the Earned Income Tax Credit (EITC). It was essentially the same revenue bill the Democrats in the Senate supported in November.

Wednesday night they voted against the bill.

Why?

As one Democratic Senator told me, “It doesn’t meet the ask.”

What is the ask?

Well, depending on who you talk with, the Dems want a revenue increase of as much as $1.5 billion. One Democratic Senator told me that they couldn’t support the bill because the Oklahoma Educators Association (OEA) doesn’t want them to. After all, the OEA is the one making the ask. This is the same OEA that joined House Republicans a couple months ago at a press conference to support essentially the same plan as being good for education.

So it seems that a $5,000 pay increase for teachers isn’t enough. They want $10,000, despite the fact that the 12.7% increase we have presented raises the average teacher salary higher than is found in any of the surrounding states, except Texas.

They want a billion-and-a-half dollars for education, or nothing.

That, despite the fact that over 50 percent of our appropriated dollars go to education, despite the fact that we have other pressing issues to deal with, like the fact that our prisons are at 113 percent capacity.  Despite the fact that other essential services are crying for funding, everything from senior nutrition to our medical schools.

But apparently if the OEA wants all or nothing, the Democrats march in lock step. And, of course, there is the politics. With state-wide elections coming up in November, it seems that the Democrats prefer to shut down good policy so they can have a campaign issue in the fall.

That is unfortunate for Oklahoma.

The bill, HB1033xx, has a decent chance of being passed in the Oklahoma House of Representatives.

There is an increase of the gross production tax (GPT) on all oil and gas wells to four percent, a $1.00 tax on cigarettes and a six cent excise tax increase on motor fuels. After 36 months, all wells increase to seven percent GPT. The motor fuel tax will still be lower than it is in surrounding states. Issues that lost votes in the House last time have been reduced or modified to pick up those votes.

I don’t think there was a Republican on the floor who voted for this tax increase who actually liked everything in the package. That includes me. However, if we want to meet some very real needs in this state, we need to increase revenue.

The revenue package we voted on Wednesday night is a reasonable way to get there. We lowered the ask on the cigarette tax by 50 cents from the last time we ran something like this, when it passed the Senate overwhelmingly. We changed the GPT increase from just new wells to all wells. We kept the motor fuels excise tax the same (more than 40 percent of which will be paid for by visitors to the state). That tax has not been increased in 31 years.

It seems that the Democrats were for this bill, before they were against it.

I guess it all depends on which way the political winds are blowing for them at a given moment. I, and the vast majority of my Republican colleagues in the Senate, many of whom will be hurt politically by their votes on this, prefer to pursue sound policy.

I welcome your questions and concerns, so please feel free to contact my office at the State Capitol if you would like to discuss a particular issue or problem.  Our office can be reached by phone at 405-521-5561 or by email at bergstrom@oksenate.gov.   If you visit the Capitol, we are located in Room 428B.

The Pending Walkout

By
Marcus McEntire
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As the House worked through its floor deadline this past week, lawmakers continued to work hard on a teacher pay raise plan. This can sometimes feel like an insurmountable feat, but I remain committed to getting this done. The time is now.

Despite the high tensions surrounding the possible teacher walkout, I’m encouraged by the number of people actively following what happens in state government. Local politics tend to be overshadowed by what happens at the national level, but decisions made on the state-level are generally more impactful to you.

Of course, I wish this increased advocacy and activism had come about because of something positive, but I truly believe an informed public is a better public. Your frustrations are understood, and I share them with you. By harnessing the energy of teachers, superintendents and parents, I believe we can all find common ground and develop a solution that will work. Working across the aisle, bringing stakeholders to the table and doing some honest-to-goodness brainstorming will help us get there.

This change will not happen overnight. April 2 is fast approaching, and bills don’t become law instantaneously. Once a deal is reached, language must be drafted. The process itself of passing nearly any bill takes at least five days. That’s not to mention the fact that the Oklahoma Education Association’s request of $800 million for this upcoming fiscal year is a near-impossible task.

We’ve tried to raise taxes – even just to the tune of $160 million in the form of a cigarette tax increase – several times over the past year. Each time, a small minority of representatives has used its power as a way to prohibit progress. The House has passed a series of reforms that will help us better grasp our state budget, but we’re still far short of the $800 million OEA wants. 

I do not say this to discourage a walkout. In fact, I encourage teachers to follow their hearts these next few weeks. Make your voices heard. Come visit me at the Capitol. Visit other lawmakers. Do whatever you need to do. I hesitate to give you false hope, though, because I honestly cannot envision a scenario where lawmakers are able to deliver on every OEA demand – especially before April 2. 

Are teachers and support staff deserving of a significant raise? Without a doubt. Am I fighting to make that happen? Every single day. I am staunchly supportive of our educators, and I cannot fully express how appreciative I am for their dedication to our state’s future generations. My desire is to reach a compromise where the solution will both provide immediate relief and long-term growth opportunities for teacher salaries. Perhaps then we will start effectively recruiting teachers, rather than throwing up our hands in exasperation. I believe we can do this if we stop insisting on a Republican plan or a Democrat plan and demand an Oklahoma plan – a plan that is good for all Oklahomans.

Lastly, I have one quick bill update: my measure forming a commission to investigate elderly abuse, neglect and exploitation passed the House and is headed to the Senate. I am truly grateful for the support, and I’m excited that we seem to be on track to better protecting our senior citizens.

If you are planning a visit to the Capitol in the coming weeks, please let me know. I’d love to talk to you. I’m atMarcus.McEntire@okhouse.gov and 405-557-7327. Thanks and God bless.

One Oklahoma child will get $5,529 toward their college savings

By
Curtis Plant
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OKLAHOMA CITY (June 4, 2018) – State Treasurer Ken Miller announces the launch of the 2018 Summer Savings Adventure Sweepstakes, which will see one Oklahoma child win $5,529 toward an Oklahoma 529 College Savings Plan account.

Working together with two Oklahoma City Adventure District Partners, Science Museum Oklahoma and the Oklahoma City Zoo, the Summer Savings Adventure encourages families to take time this summer to plan how they will pay for college.

“The first and best advice for anyone looking to pay for a college education is to make a plan,” said Miller, board chair of the Oklahoma 529 Savings Plan (OCSP). “Summer is great time for families to research the resources available to them, like OCSP, look at their budget and start saving for their children’s futures.”

This is the third year OCSP has partnered with the Oklahoma City Zoo and Science Museum Oklahoma for the sweepstakes. Miller said it’s a great fit because each organization is dedicated to a mission of lifetime learning.

“We couldn’t have better partners than the Oklahoma City Zoo and Science Museum Oklahoma,” Miller said. “Generations of families have made lifelong memories and explored the sciences at both of these Oklahoma institutions, and I’m proud that they are helping OCSP to raise awareness about saving for higher education.”

The 2018 Summer Savings Adventure Sweepstakes officially launches today and will close on July 31, 2018. Sweepstakes entry, official rules and additional information is available at www.ok4saving.org. The winner will be randomly selected and formally announced shortly after the sweepstakes concludes.

The sweepstakes is open to Oklahoma residents who are parents, grandparents or legal guardians who are at least 21 years old and have a child or grandchild 16 years old or younger who is also an Oklahoma resident.

OCSP serves almost 30,000 account owners with more than $850 million in college savings assets. OCSP account owners make an average monthly contribution of $269 to their accounts. (Data through 12/31/17.)  For more facts and figure about how Oklahomans are saving for college, visit www.ok4saving.org/documents/OK_infographic_may2018.pdf.

For more information about the Oklahoma 529 College Savings Plan visit www.ok4saving.org or call (877) 654-7284. Funding for OCSP prizes comes from the marketing budget of the Oklahoma 529 College Savings Plan; no state funds are used.

 About the OCSP

 Introduced in April 2000, the Oklahoma 529 College Saving Plan (OCSP) is Oklahoma’s direct-sold 529 college savings plan. It is designed for families who want to direct their own 529 college savings accounts. The plan is managed by TIAA-CREF Tuition Financing, Inc. Introduced in March 2009, OklahomaDream 529 Plan is offered through financial advisors and is managed by Allianz Global Investors.  As of April 30, 2018, combined assets in both plans exceed $1 billion.

Oklahoma taxpayers may deduct, from their Oklahoma adjusted gross income, up to $10,000 in contributions to the Oklahoma 529 College Savings Plan for individual taxpayers and up to $20,000 for taxpayers filing a joint return with a five-year carryforward. Read the Disclosure Booklet carefully.

Consider the investment objectives, risks, charges and expenses before investing in the Oklahoma College Savings Plan. Please visitwww.ok4saving.org or call toll-free 1-877-654-7284 for a Plan Disclosure Booklet containing this and more information. Read it carefully.

 Check with your home state to learn if it offers tax or other benefits such as financial aid, scholarships and protection from creditors for investing in its own 529 plan.  Investments in the Plan are neither insured nor guaranteed and there is the risk of investment loss.

 Taxpayers should seek advice based on their own particular circumstances from an independent tax advisor. If the funds aren’t used for qualified higher education expenses, a 10% penalty tax on earnings (as well as federal and state income taxes) may apply.     

 Investments in the Plan are neither insured nor guaranteed and there is the risk of investment loss.

TIAA-CREF Tuition Financing, Inc., Program Manager. TIAA-CREF Individual & Institutional Services, LLC, member FINRA and SIPC, distributor and underwriter for the Oklahoma College Savings Plan.

Statement from Senate Democratic Leader on Oklahoma Supreme Court Ruling on State Question 799

By
Curtis Plant
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OKLAHOMA CITY- Senate Democratic Leader John Sparks released the following statement on the Oklahoma Supreme Court’s decision to declare Referendum Petition 25, State Question 799 invalid and stricken from the ballot:

 

“Today the Oklahoma Supreme Court ruled that State Question 799, Referendum Petition 25 is invalid. While the Oklahoma Constitution empowers citizens to initiate a referendum petition, it is also very clear what the process and procedures are which must be followed to place the referendum on the ballot. In their rush to begin collecting signatures, the group calling itself ‘Oklahoma Taxpayers Unite!’ and former U.S. Senator Tom Coburn failed to include an accurate gist explaining the purpose of the referendum, and also did not attach an exact copy of the law it seeks to repeal.

 

With the effort to repeal the revenue package by referendum stalled, the focus should now return to enacting long term, sustainable revenue to properly fund education in Oklahoma.”

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