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Monday, May 2, 2022

In theory, this could be a light week at the State Capitol. Fresh from last week's second floor deadline, lawmakers have until Friday, May 27, to do three things:

Finish a state budget;
Confirm or reject people nominated by the governor for various positions;
And conclude remaining negotiations on policy bills that were amended in their opposite chamber (which could conclude having their titles or enacting clauses removed).

For instance, of the five bills listed on today's 1:30 p.m. House floor agenda, four are set to have Senate amendments rejected, which would send those bills into "conference committee," a nebulous behind-the-scenes gathering of stakeholder legislators who must (mostly) agree on final language for a bill to be heard again in both chambers. HB 3501 is the bill set to have Senate amendments accepted, and it would authorize the Department of Public Safety to recognize tribal court convictions in regard to driver's license revocations. (Meanwhile, the Senate has no bills on its floor agenda today and will instead focus on confirmation hearings.)

If you enjoy this Monday Minute newsletter, forward it so your friends and family can sign up to receive their own copy. Let's have a quick and easy week, fingers crossed!

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1 minute: Highly pathogenic
avian influenza arrives

What would we do without highly contagious viruses? On Sunday, state agriculture officials confirmed the presence of highly pathogenic avian influenza at a commercial poultry operation in Sequoyah County, along the Arkansas border. The state agency did not name the company, but depending upon the size of the commercial business, the positive test will likely result in hundreds if not thousands of birds being euthanized in an effort to stop the disease from spreading.

The Oklahoma State Department of Agriculture, Food and Forestry announced that it has activated its "response plan," and the agency has imposed an indefinite ban on poultry exhibitions, public sales and swap meets. (Swap meats?) Officials have been on high alert for the disease, which has been identified in neighboring states for months. In Oklahoma, a wild duck first tested positive in Payne County on April 1. The latest highly pathogenic avian influenza strain has been affecting poultry production and has caused the prices of chicken and eggs to climb, as flocks with infected birds are eliminated.

Expect to hear more this week about the disease, which the CDC considers "low risk" for human contraction. (One person in Colorado has tested positive so far.) Combined with the ongoing drought's impact on crop and cattle production, the economic implications here in Oklahoma are worth watching, and the Department of Agriculture, Food and Forestry has set a public Zoom call for 3 p.m. today to discuss the situation.

Read the OSDAFF press release.

2 minutes: Saucy Swadley's stories

What will this week hold in terms of Oklahoma's most delicious scandal? Last week's smorgasbord of Swadley's headlines was more than enough to keep our plate full, but who is going to turn down dessert when it's catered?

So as we await the next serving of beef, make sure you are caught up on three key developments from last week. Go on. Get yourself a taste:

3 minutes: Nomination confirmation (cont'd)

Gov. Kevin Stitt appointed Duncan businessman Rick Braught to the University of Oklahoma Board of Regents on Friday, April 29, 2022. (NonDoc)

We noted this two weeks ago, which means it's only more true now: the State Senate has a great deal of work left to do vetting and voting on dozens of people nominated for public positions by Gov. Kevin Stitt. Those nominated by the governor by the end of April must be confirmed by a Senate committee and then the full Senate before the Legislature adjourns. Click here to view the week's slate of Senate committee meeting notices.

Since we last referenced this issue, Gov. Kevin Stitt has made even more nominations, including tapping interim Commissioner of Health Keith Reed for the position permanently, now that SB 709 has amended qualifications for the job and has created a chief medical officer position within the State Department of Health.

"In an effort to provide full transparency to you all, I want to make sure that you know this bill was not created or signed for me. This piece of legislation has been in the works for several years, but like many other things was set aside for a period of time due to COVID," Reed wrote in an email to OSDH staff last week when Stitt formally nominated him. "As most of you know, I have been a part of this agency for close to 20 years, serving in various positions and I have enjoyed every assignment."

Meanwhile, Stitt has announced his selection for a second vacant University of Oklahoma Board of Regents seat: Duncan businessman Rick Braught. Both he and Inasmuch Foundation President and CEO Bob Ross could be confirmed prior to the board's scheduled May 12 and 13 meetings.

Speaking of higher education appointments, State Regents for Higher Education appointee Dustin Hilliary sent Senate Education Committee members a letter April 25 saying he has "divested" his business interests from anything related to OneNet, the SRHE-operated comprehensive digital communications network.

"Once appointed to serve, it was brought to my attention that my ownership interest in certain Hilliary Communications operating companies could present a conflict of interest under Article 10, Section 11 of the Oklahoma Constitution," Hilliary wrote to lawmakers. "Because it is my desire to serve the state in this capacity, I have completely divested my ownership interest in any contract or services from OneNet as of April 20."

Review the full list of Stitt's appointments.

4 minutes: That dam (authority)
bond capacity battle

With the LEAD Act signed into law and state leaders simply left to await word whether a mystery company decides to built a massive battery plant in Pryor, lawmakers have resumed private discussions about whether to increase the bonding capacity of the Grand River Dam Authority, Oklahoma's public power utility that provides low-cost electricity to municipalities and businesses, including those in Pryor's MidAmerica Industrial Park.

The question of whether to increase GRDA's bonding capacity has lingered for years, with a special legislative task force eventually voting last session to make a recommendation that the requested increase be granted. A non-appropriated state agency, GRDA's current capacity to generate money for capital projects via bond issuances is capped at $1.4 billion. But GRDA officials have said a bevy of potential new customers — as well as longterm power plant maintenance — means they need to be planning for additional electricity generation in the future. However, not all lawmakers have been on board with the request.

"It is a conversation out here," Senate President Pro Tempore Greg Treat (R-OKC) said April 21. "I’m still looking for, ‘Why do they need the increase?’ I’ve seen the study, I’ve seen the recommendation. That will be a conversation for us to have as we move forward.”

Donors and sponsors make NonDoc possible:

5 minutes: Mental health is children's health

Once we get through this work week, many families will be gearing up to celebrate Mother's Day on Sunday, May 8. But one day prior — Saturday, May 7 — is worth noting as well. That will be National Children's Mental Health Awareness Day.

“Half of all lifetime cases of mental illness begin by age 14,” Carrie Slatton-Hodges, commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services, said in a press release. “Early intervention can reduce the effects that can occur later in life. We don’t let other illnesses in youth progress and worsen. Mental health problems must be considered just as important as physical health problems.”

Here at NonDoc, we have been running a series of commentaries on mental health since the middle of last year. These three pieces are worth reading in the lead up to National Children's Mental Health Awareness Day:

90 Days: SQ 820 to start signature collection

In news that clashes with the blurb above, get your pens ready, potheads. State Question 820 proponents are set to begin signature collection Tuesday. The proposal “is intended to generally legalize, regulate and tax adult-use marijuana under state law” and “would protect the personal use of marijuana for persons aged 21."

To put the question before voters, proponents first need to gather 94,911 valid signatures from registered voters, which must be submitted by Aug. 1.

Where can you find a place to sign SQ 820? Spin around in a circle three times and then walk until you find a dispensary. Ask them, but be prepared to hear about industry drama, such as a pair of competing state questions — SQ 818 and SQ 819 — that want to infuse cannabis into the Oklahoma Constitution. Those questions would require nearly twice as many signatures and will face opposition from those inherently opposed to placing more policy topics into the constitution.

Read the language of SQ 820.

Online legislative resources