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Sunday, May 5, 2024
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Capitol Considerations

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with Sen. Chris Kidd

 Oklahoma has received some good news in recent weeks.  In 2004, the state had the 49th worst highway bridge system in the nation with nearly 1,200 (of 6,800) considered structurally deficient.  That number has decreased to only 86 highway bridges needing major rehabilitation or replacement, which are all scheduled in ODOT’s Eight-Year Plan. Oklahoma now ranks 9th nationally according to the Federal Highway Administration giving the state a Top Ten status for the first time in state history.

 The Federal Emergency Management Agency (FEMA) has also approved Oklahoma for the Lost Wages Assistance (LWA) program, which will provide an additional $300 a week for unemployed Oklahomans. This replaces the $600 per week that workers received under Federal Pandemic Unemployment Compensation (FPUC), which expired the last week of July. 

 If you’re still waiting for unemployment for dates prior to August, you’ll receive the $600 extra and then the $300 will kick in for dates after that.  Again, please contact my office if you’re having trouble securing your unemployment.  We’re here to help you however we can.

 Our state economy is slowly recovering.  Unemployment rates are lowering, and our July General Revenue Fund (GRF) collections came in nearly $69 million or 9.5% above the monthly estimate at $790.5 million. This was also $290.8 million higher than July 2019 collections. While this was mainly caused by the delayed income taxes and deferred first-quarter payments, it’s still promising news. We must proceed cautiously, though, as the energy and business sectors continue to struggle.  There are still companies facing closure and some considering furloughs and layoffs. On the flipside, there are also companies expanding and relocating to Oklahoma.  Leaders have been working hard in recent years to ensure Oklahoma is a business-friendly state and has the workforce and other assets needed to attract companies.

 One area that needs improvement is our broadband capability statewide. This past session, we approved the Rural Broadband Expansion Act, which created a council to study access around the state.  One of the first things companies look at when considering relocation is a state’s connectivity.  It has also become painfully obvious this year with so many citizens trying to file for unemployment online, people teleworking and many schools going virtual that Oklahoma needs to improve its broadband access. In today’s digital world, everyone must have access to the internet. The 13-member council will work to create a strategic plan to improve connectivity statewide. They will submit their annual report and recommendations by January 31.

 The Legislative Office of Fiscal Transparency (LOFT) also announced its work plan for the current fiscal year, which was approved by its legislative oversight committee. LOFT was created in 2019 to provide the legislature with more in-depth evaluations of state agency budgets and program performance without duplicating work conducted by legislative staff. 

The work plan is modeled on a similar one in Mississippi and will be divided into three categories including –

1)  Rapid response evaluations (90-100 days) – special requests from the oversight committee to inform immediate funding or policy decisions for the legislature.

2)  Priority program evaluations (6-8 months) – part of the work plan included in the annual report provided before the beginning of the legislative session.

3) Secondary program evaluations (long-term) – analysis of large state agencies and programs based on funding and impact.

 LOFT will conduct 7-12 evaluations each year. This fall, they’ll be evaluating the Oklahoma Employment Security Commission (OESC), the Board of Equalization, and the Department of Health and use of COVID funding by state health programs.  They’ll also analyze state agency and higher education institutions’ COVID funding allocation, reimbursement and utilization. 

 The office has a full schedule in the coming months, and I look forward to reading their findings in January. The work plan is available at www.okloft.gov.                                                                    

 In closing, please be sure to participate in the 2020 Census. The deadline for self-reporting is Wed., Sept. 30.  Your participation will determine federal funding for your local community, county and the state for vital government programs like healthcare, education and transportation.  You can fill yours out at www.2020Census.gov or by calling 1-844-330-2020.

 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.

Oklahoma Supreme Court Shuts Down Privatized Medicaid

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OKLAHOMA CITY, June 1, 2021 – It’s official: managed care in Oklahoma is unconstitutional. The Oklahoma Supreme Court today issued a 6-3 decision in favor of plaintiffs who alleged that the Oklahoma Health Care Authority (OHCA) overstepped its authority by outsourcing the state’s Medicaid program following the passage of State Question 802. 

OHCA announced late last year that the agency would award $2.2 billion in contracts to four insurance conglomerates to run Oklahoma’s expanded Medicaid program.

“The Supreme Court today agreed that the Managed Care contracts were awarded without legislative input and contrary to the plan approved by the voters through State Question 802,” said Lynn Means, executive director, Oklahoma Dental Association. “Medicaid expansion will provide coverage for more than 200,000 of Oklahoma’s most vulnerable citizens. The managed care plan would’ve jeopardized health care for all Oklahomans by driving out providers of general health care, as well as dentists and specialists across the state. This lawsuit was one part of a physician-led effort to ward off privatization to insurance companies and keep Oklahomans in charge of health care in Oklahoma.”

“Oklahoma physicians were virtually united in opposition to this plan,” said Allison LeBoeuf, executive director, Oklahoma Osteopathic Association. “Oklahomans are best served when medical decisions are made between doctor and patient, and without interference from insurance bureaucrats.” 

“Pediatricians and family physicians are trusted by their patients because they know how invested their doctors are in patient care,” said Kari Webber, executive vice president of the Oklahoma Academy of Family Physicians and the Oklahoma Chapter of American Academy of Pediatrics. “The Supreme Court decision protects physicians and preserves patient care in Oklahoma.”

“We are pleased with the Supreme Court’s ruling, and we recognize the heart of this issue is much larger than managed care. It’s about ensuring that state agencies follow the law when spending Oklahoma’s tax dollars. Today’s ruling represents an important victory for transparency in government and Oklahoma taxpayers,” said Mary Clarke, MD, president of the Oklahoma State Medical Association. 

Plaintiffs on the suit are the Oklahoma State Medical Association, the Oklahoma Dental Association, the Oklahoma Osteopathic Association, the Oklahoma Society of anesthesiologists, Inc., and the Oklahoma Chapter of the American Academy of Pediatrics, Inc., plaintiffs who filed suit to stop managed care on the grounds that the Oklahoma Health Care Authority overstepped its bounds by outsourcing the state’s Medicaid program following the passage of State Question 802. 

A copy of today’s Supreme Court ruling can be found here.

More information about the impacts of the proposed managed care plan and the health care providers united against it can be found at www.healthcareholdup.com.

Senate approves bill requiring immediate reporting of child abuse

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OKLAHOMA CITYOn Thursday, the Senate gave unanimous approval to legislation modifying child abuse reporting requirements.  House Bill 2259, by Rep. Dell Kerbs and Sen. Ron Sharp, requires individuals, especially educators, to report suspected child abuse or neglect of those 17 years or younger immediately to the DHS Child Abuse Hotline and those 18 years or older to law enforcement.

“Current law advises people to reports suspected abuse and neglect ‘promptly’ but this term is obviously getting misinterpreted as many cases aren’t being reported for several days or weeks after it’s discovered,” said Sharp, R-Shawnee.  “As a former educator, I’m glad that the bill specifically requires teachers to report suspected abuse and neglect as these are the people who spend the most time with these kids and can recognize changes in behavior or see evidence of abuse.  For most kids, schools are safe zones and they trust their teachers and often open up about violence in their home.  Hopefully, this change will help protect more of Oklahomans children and get them away from bad situations.”

HB 2259 was requested by the Department of Human Services and the Department of Education. Under Oklahoma statutes, “teachers” include administrators, counselors and classroom instructors.

“I’m pleased to have authored this measure that will put a clear and transparent law into place to ensure children who are abused or neglected will have immediate help,” said Kerbs, R-Shawnee.

HB 2259 now goes to the Governor for final consideration

Senate Pro Tem comments on court’s ruling on SQ 799 referendum petition

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OKLAHOMA CITY – Oklahoma Senate President Pro Tempore Mike Schulz, R-Altus, released the following comment regarding the Oklahoma Supreme Court’s ruling on State Question 799 and referendum petition:

“I am pleased the Oklahoma Supreme Court rejected the effort to repeal HB 1010xx. The Legislature took extraordinary steps in passing HB 1010xx and it is absolutely necessary to fully fund the largest teacher pay raise in state history and the significant increase in education funding passed this session. We should all now turn our focus toward working for the resources and reforms necessary to support our teachers and ensure our children get the best education possible.”

NewsOK: Poll shows three-way tie in GOP gubernatorial primary

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Lt. Gov. Todd Lamb, Kevin Stitt and Mick Cornett are in a three-way tie for first in the race for the Republican gubernatorial nomination, according to a survey released Wednesday by Magellan Strategies.

The survey of 644 likely Republican voters showed 19 percent expressed support for Lamb; 19 percent for Stitt; and 17 percent for Cornett.

The automated voice recorded survey was conducted on April 18, 19 and 22, according to the Colorado-based company. The survey has a margin of error of 3.86 percent at the 95 percent confidence level.

According to the survey, President Donald J. Trump has an approval rating of 80 percent in the state, while Gov. Mary Fallin’s approval rating is 20 percent.

Stitt is a Tulsa businessman running as an outsider. Cornett is the former mayor of Oklahoma City.

Tulsa attorney Gary Richardson received 12 percent in the survey; Yukon pastor Dan Fisher received 5 percent; and Auditor and Inspector Gary Jones received 5 percent.

The undecided was 23 percent.

The primary election is set for June 26, with the run-off primary scheduled for Aug. 28.

Previous polls this year have shown Cornett and Lamb as the frontrunners, with Stitt in third and very high amount of undecided voters.

Kidd honored as Association of County Commissioners Legislator of the Year

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 OKLAHOMA CITY – Sen. Chris Kidd, R-Waurika, was named the 2021 Association of County Commissioners of Oklahoma (ACCO) Legislator of the Year during the ACCO summer conference on July 14.

Kidd was chosen for his commitment to helping county government throughout his tenure as a state Senator.  During the 2021 legislative session, he authored and championed five measures to positively reform and update county government operations. The measures included:

 SB 677, which removed the requirement that a court clerk must first offer all or parts of judicial records set for disposal to the Oklahoma Department of Libraries’ Archives and Records Division for preservation as historical research materials. It also modified the time periods certain judicial records must be retained.

SB 736, which allowed for the creation of a health district composed of two or more county boards of health, combining resources and increasing health outcomes.

SB 840, which increased the purchase limit for counties from $15,000 to $25,000, by department.

HB 1063, which authorized counties to employ information technology staff.

HB 1064, which simplified the county salary schedule and increased base salary by $5,000.

 “Growing up the son of a former county commissioner, I know first-hand how dedicated our county employees are to their jobs,” Kidd said. “It’s an honor to work to ensure commonsense laws are on the books to make their jobs easier – not harder – to serve the public. I’m humbled to receive the 2021 Legislator of the Year award, and I look forward to working with ACCO in the future to support county government and employees.”

 ACCO works with 231 county commissioners in all 77 counties to prioritize the health, safety and welfare needs of all county citizens. The organization also serves as a statewide clearinghouse for leadership training, educational programming and other services to meet the needs of its member counties.

 For more information, contact: Sen. Chris Kidd: (405) 521-5563 or Chris.Kidd@oksenate.gov

Sine Die – The End of the Legislative Session

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 May Repeal Hotel Tax

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OKLAHOMA CITY – The Oklahoma Senate will meet Friday to consider special session and regular session measures.

The Senate will meet in special session at 8:30 a.m. Friday to consider HB 1019xx, the marketplace fairness act or so-called “Amazon bill,” as well as HB 1012xx, a bill that repeals the “hotel/motel” tax that was originally included the $530 million revenue package (HB 1010xx) passed by the Legislature last week that completely funds the largest teacher pay raise in state history.

The Amazon bill is estimated to generate approximately $20 million and when added to growth revenue in the state budget more than makes up for the hotel/motel tax.

The Senate also will meet in regular session Friday morning to consider HB 3375, the so-called “ball and dice” bill.

Agendas can be viewed on the Senate website. Senate floor proceedings can be viewed via livestream.

From the State Senate

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It was an honor to have served the people of District 31 in my first session with the Oklahoma State Senate.  People who have worked in or around the Capitol for the last several decades said that this was by far the most difficult budget year they’ve seen.  As the state continues its way out of three years of revenue shortfalls, the legislature had the task of closing a nearly $1 billion revenue shortfall.  Past legislatures had depended strongly on the use of one-time monies to avoid having to raise revenues, but we took the difficult stance of strengthening our state’s budget and ensuring future stability by creating new sources of revenue.

After much debate and compromise, the legislature finally approved a $6.8 billion budget.  I’m proud of my Senate colleagues for their willingness to do what was best for our more than 60 state agencies so that they can continue to provide vital state services.  Constituents often call me to discuss budgetary matters, focusing on one state agency.  However, I have found one of the most challenging parts of serving in the Senate is not having the luxury of meeting the budgetary needs and requests of one or two agencies. We’re responsible for appropriating funds to all 67 of our state agencies, and this year we had very little to give.

At the beginning of session, budget leaders warned agencies that to fill the budget hole cuts of 15-20 percent might be required; and you have to remember that some agencies have already been cut up to 50 percent in the last decade.

I’m pleased to say that the budget protects our schools, public health, human services, and safety as well as corrections.  We were able to provide additional funding to common education by running a trailer bill (HB 2360), which provided an additional $18 million from the Rainy Day Fund and held education flat.  This bill was an agreement between the Senate and House to keep the school funding formula at the same level as FY ‘17 in spite of the nearly $1 billion shortfall.  The remaining state agencies received on average of a less than five percent cut to their budgets.

Progress was made to correct structural problems that have existed for years in the budget.  The Senate approved several measures that will provide new revenue for our state for years to come.  Among other measures, we created $95 million by raising the Gross Production Tax (GPT) on “1 percent” wells to 4 percent; $46 million by eliminating oil and gas GPT rebates; $15 million from increased tax enforcement; and $9 million from changes approved for long-lateral drilling.  We also will save the state millions of dollars in future budget years by accelerating the sunset date of the wind tax credit.

We approved a tobacco cessation program with the intent of saving lives and improving the health of Oklahomans by encouraging people to quit smoking, especially children.  The program will be funded by a $1.50 per pack fee for cigarettes that’s expected to generate around $215 million. This will also help lower our state’s healthcare costs significantly of which tobacco contributes billions in unnecessary expenses to taxpayers annually.

This is a responsible, practical plan that generates new revenue for this year and beyond, protects education, DOC and DHS while also implementing reforms to address chronic budget shortfalls.
Besides working on the budget, we approved legislation to strengthen the state’s education system, protect the health and safety of our youth, provide further assistance to our veterans, strengthen our criminal justice system and ensure that Oklahoma IDs meet federal REAL ID requirements.  I’ll discuss these areas in the coming weeks.
In closing, I was honored to carry the nomination of Ervin Randle of Lawton to the Oklahoma Motor Vehicle Commission succeeding Dan Mullins.

We want to thank Cache junior, Dalton McDonald, for serving as a page during the next to last week of session.  This month has been extremely busy so his assistance was greatly appreciated and we hope he learned a lot about his state government and the legislative process.
We also want to thank everyone from the district who made the trip to Oklahoma City this year and stopped by to visit with us.  We truly appreciate your support and input and for sharing your successes and special events with us.

At the State Senate, I can be reached by writing to Senator Chris Kidd, State Capitol, 2300 N. Lincoln Blvd. Room 411A, Oklahoma City, OK 73105, emailing me at kidd@oksenate.gov, or by calling (405) 521-5563 and speaking to my assistant Suzanne Earnest.

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

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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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