SB 1059 would allow the Oklahoma Insurance Department to enter into agreements with one or more states to allow the sale of insurance across state lines.  The bill also exempts these out-of-state insurers from the minimum benefits that Oklahomans are entitled to under existing state law.  Oklahoma requires insurance companies to cover a handful of basic benefits. These benefits, or ‘mandates’, ensure that health insurance plans cover essential health services. The state’s mandated benefits cover preventive health services for children (immunizations), women (mammography and bone density screenings, maternity care, and annual pelvic exams and cervical cancer screenings), and those with chronic conditions (diabetes supplies, mental health treatment).

Proponents of the legislation are quick to point out that exempting insurers from minimum coverage requirements is not the intent of the bill; the purpose of exempting in-state insurers from covering basic benefits is to allow them to compete with new out-of-state plans that will flow in after we’ve signed a compact with another state.  For instance, if Texas insurers are allowed to sell so-called ‘skeleton’ coverage in Oklahoma, without including basic benefits like child immunizations or colonoscopies, than Oklahoma insurers should be allowed to offer such plans too.  Regardless of the intent of the bill, if SB 1059 becomes law it effectively suspends minimum benefit requirements for any insurer in the state that wants to mimic a ‘skeleton’ plan sold by an out-of-state competitor.

For households of modest means, paying out-of-pocket for cancer screenings and immunizations represents a significant cost burden, and many families will have to go without some of these critical services.  Not to mention the symbolic indifference of exempting insurers from covering the costs of, for instance, wigs or hairpieces to extend a little basic human dignity to Oklahoman’s undergoing radiation and chemotherapy treatments.  Oklahoma insurers cleared $25 million in after-tax profit in a single year in the individual market alone, which doesn’t even include profits made off the large group market, where most Oklahomans get their health insurance.

This bill has already passed the state House and Senate and will move next to a conference committee.  If changes are made in conference, it must be approved by both the House and Senate again before heading to Governor Fallin for final approval.  To voice your opinion about SB 1059, click here to enter your address and find your state House and Senate members’ contact information.

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One is a subject more notable by its absence than its presence: immigration. Last year, some two dozen immigration bills were introduced, most looking to impose tighter law enforcement and verification restrictions on undocumented immigrants. Most of the bills were killed by House and Senate leadership over the course of session. Ultimately a single bill, HB 1446, emerged out of conference committee but was defeated on a bipartisan vote in the House.

Although the passage of restrictive immigration laws in Alabama and elsewhere last year has sparked a wave of new legislation in some states, it hasn’t happened here. Fewer than ten immigration-related bills were introduced this year. Three of these are currently empty ‘shell’ bills authored by Rep. Charles Ortega, who was tapped to steer the immigration issue this year and has indicated he sees no pressing need for more legislation on this issue. Rep. Randy Terrill and Sen. Ralph Shortey, who led last year’s charge for tougher immigration laws, filed only three bills this year:  Rep. Terrill’s HB 3014 aims to enforce restrictions on the use of languages other than English (see our post on last year’s bill on this subject); Terrill’s HJR 1088 would amend the state constitution to allow bail to be denied to anyone who entered or remains in the country illegally; while Sen. Shortey’s SB 1569 would prohibit legal immigrants or anyone who is not a natural-born citizen from running for public office. While bills from last session that are dormant can be revived under certain procedural circumstances, it seems unlikely that immigration will re-emerge as a front-burner issue in 2012.

Immigrants may hope to escape the session unscathed, but the prospects for poor people look bleaker. At least nine bills have been filed to require drug testing of  applicants for the Temporary Assistance for Needy Families cash assistance program, with some, such as HB 2388 by Rep. Guy Liebmann, requiring the test be paid for by the applicant for assistance (see this 2009 blog post on earlier incarnations of this proposal). HB 3125, by Rep. Jeff Hickman, would require drug tests of all applicants for unemployed insurance, with denial of benefit to those who refuse or fail the drug test.  Other bills aim to crack down on alleged fraud in public benefit programs by imposing new penalties on those who falsely obtain unemployment benefits and by creating a photo ID pilot program for recipients of the Supplemental Nutrition Assistance Program. Meanwhile, many of the major tax bills introduced this session would offset cuts to the top income tax rate by abolishing a number of important tax credits claimed by hundreds of thousands of low- and moderate-income Oklahomans, including the earned income tax credit, sales tax relief credit and child tax credit. These proposals could raise taxes for a family of four making $25,000 a year by over $600.

No subject, however, has lawmakers more fired up (sorry!) than guns, with close to 50 gun-related bills introduced this session. Numerous bills would expand the state’s open carry laws to include more people (legislators, school administrators, assistant attorneys general) in more places (public and private elementary and secondary schools, college campuses).  Several bills would expand where people may legally possess unlicensed firearms (a motor home, RV, any of their own private property). Others would expand the scope of the state’s self-defense act, allowing the use of physical or deadly force in more locations (including houses of worship) and under more circumstances.  Senator Shortey seems to be leading the pack with at least eight gun-related bills, followed by Senator Steve Russell with six.

We’ll follow these issues and keep you posted as legislative session unfolds.

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Senator Judy McIntyre wants to declare, ‘Swing Low, Sweet Chariot,’ the official state gospel song.  If passed, SB 73 would add ‘Swing Low’ to the states growing list of official songs.  Rodgers and Hammerstein’s ‘Oklahoma!’ was appointed the official state song in 1953, Woody Guthrie’s ‘Oklahoma Hills’ was declared the state’s folk song in 1988, and in 2009 the Flaming Lips’ ‘Do You Realize’ was pronounced Oklahoma’s official rock song.

Ever heard of Jimson weed?  Neither had we.  Senator Kim David introduced SB 237, to classify Jimson weed as a Controlled Dangerous Substance.  A quick search uncovered this helpful and horrifying mnemonic device for remembering the clinical symptoms of Jimson consumption – “red as a beet, dry as a bone, blind as a bat, and mad as a hatter.”  Apparently, recreational use of Datura Stramonium (AKA Jimson weed) can cause hallucinations, psychosis, violent delirium, and death.  Carry on, Senator David.

A bill that really has us scratching our heads – Representative Tom Newell wants to require written approval from the Director of Wildlife Conservation to sell taxidermy specimen at an estate sale and forbid the sale of taxidermy specimen that are not personal property of the owner of the estate.  Given that the function of an estate sale is presumably to sell the possessions of the dear departed, it seems HB 1348 wants Great Uncle Earl’s family to think twice before selling off Great Uncle Earl’s prized mounted 10 point buck by getting written permission from a state agency.  Are taxidermy specimens a public health hazard that we are unaware of?  Has House District 28 been plagued by unauthorized taxidermy sales?  We don’t get it.

A bill we are dubbing the ‘Who Let the Dogs Out Act’, HB 1249, would allow individuals to enter the adjoining property of another if they are in the process of retrieving their domestic livestock or other animals.  If a cow wanders into your neighbors pasture, Representative Wade Rousselot wants you to be within your rights to collect the mischievous animal without fear of trespassing.  Even if this bill passes, we suggest proceeding with caution onto any property with ‘trespassers will be shot’ signage.

Representative Charles Key wants to treat politicians like middle schoolers. HB 2067 would require all candidates for state and federal office in Oklahoma to complete a fill-in-the-blank exercise at the Election Board. An excerpt: “Congress shall make no law respecting an establishment of ___________, or prohibiting the free exercise thereof; or abridging the freedom of ____________, or of the press;” Apparently Key thinks candidates need to prove that they can Google the Bill of Rights.

Finally, in an attempt to ruin middle school slumber parties the state over, HB 1320 wants henna tattoos – the functional equivalent of writing on yourself with a sharpee – to have the same legal classification as a regular tattoo or body piercing.  If henna is the same as a tattoo, then the Girl Scouts of America should start riding with the Hell’s Angels.  Tattoos are permanent and injected into the skin with a needle, henna dye is drawn on top of the skin and washes off in a week or two.  I’m guessing those temporary tattoo dispensers at the mall aren’t quite as magical to Representative Harold Wright as they are to me.

Have you come across any other bills this session that might amuse OK Policy readers?  Tell us about it in the comments section below.  If you want to join the fun, click here for a list of bills and find your own favorite.  And if you want a refresher about what happens to these bills after they are introduced, don’t forget about our indispensable 2011 Legislative Overview.

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If you follow Oklahoma legislative issues, the Overview will serve as a handy, informative reference guide, whether you are a veteran lawmaker or a novice advocate. We can honestly say that our Overview is the only resource that compiles updated 2011 information about such topics as legislative leadership, members of the Executive, and appropriations history in a single place. To take advantage of this unlimited time offer, just go to our website where the Overview can be viewed online or downloaded for the insanely low price of free – although should you wish to make a donation to help us continue to make resources like this available, we would certainly appreciate it.

We hope you find the Overview useful, and we hope you will stay informed and engaged over the course of the upcoming legislative session.

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Early bird registration ends this Friday, October 2 and all registration ends next Tuesday, October 6. For directions, an agenda, and online registration, see OICA’s web site.

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