In The Know: AG says parole streamlining is unconstitutional

In The Know is a daily synopsis of Oklahoma policy-related news and blogs. Inclusion of a story does not necessarily mean endorsement by the Oklahoma Policy Institute. E-mail your suggestions for In The Know items to gperry@okpolicy.org. You can sign up here to receive In The Know by e-mail.

Today you should know that the Attorney General issued an opinion that new parole guidelines aiming to streamline the process for non-violent offenders were unconstitutional. OK Policy previously examined the parole changes and other corrections reforms intended to reduce prison populations and save the state money. OK Policy Director David Blatt gave an overview of the state budget situation to the Claremore Chamber of Commerce. See the slides from Blatt’s presentation here.

Gov. Fallin and legislative leaders announced that they will find a way to fully fund teacher health benefits in the coming legislative session. Using new powers given to her in the last session, Gov. Fallin replaced three members of the Education Board with her own appointees. Fallin also announced that Oklahoma homeowners will be eligible for a cash rebate of up to $2,000 for the installation of a qualified tornado shelter under a $1 million federal grant.

The DHS Commission has formed a new committee to review cases of children who died while under state supervision.  A newly appointed DHS Commission member writes that they need to revise how the Commission governs the agency. Part of the law establishing a closing fund to pay businesses that move to Oklahoma has been thrown out by the state Supreme Court. The OK Policy Blog features a guest post on why education reform can only succeed if health care professionals and social workers as well as educators are involved.

Oklahoma will begin enforcing its pet breeder law next week, and unlicensed breeders may be subject to fines of $500 per day for each dog or cat found in their operation. The latest Census numbers show that federal spending in Oklahoma last year equated to $10,256 per person. Today’s Number of the Day is Oklahoma’s rank nationally in number of acres of land in the state that’s used in farming. In today’s Policy Note, results from a new Florida law requiring welfare applicants to take drug tests reveal that those are welfare are less likely to take drugs than the general population.

In The News

AG says Okla. parole streamlining is unconstitutional

Legislation that alters the governor’s role in the parole process to eliminate a backlog of parole-eligible inmates is unconstitutional, Attorney General Scott Pruitt’s office said Tuesday. In a five-page legal opinion, the attorney general ruled that new parole guidelines for non-violent offenders that were part of sweeping criminal justice legislation adopted by the Legislature last spring are unconstitutional. Pruitt’s office said the legislation gives too much authority to parole recommendations by the Pardon and Parole Board and puts improper time limits on the governor to act on them. Among other things, the legislation would have modified the governor’s role in the parole process in an effort to speed it up for non-violent offenders who have been recommended for parole but are still being held behind bars. Oklahoma is the only state that requires the governor to sign off on every parole recommendation by the Pardon and Parole Board.

Read more from this Associated Press article at http://www.chron.com/news/article/AG-says-Okla-parole-measure-is-unconstitutional-2191294.php.

Previously: What’s been done and what still needs doing on corrections reform from the OK Policy Blog

OK Policy Director paints grim picture for Chamber

Oklahoma Policy Institute Director David Blatt used figures and charts to draw a somber picture of the state’s budgetary situation to members of the Claremore Chamber of Commerce last week. “I want to start by reminding everyone of why the budget shortfall happened,” Blatt told Chamber members at Thursday’s monthly luncheon. “Any state budget is never about just numbers — our budgets reflect our values, our goals, our priorities as a state. We depend on state governments and local governments to help us meet our goals of quality education for our children, effective infrastructure, adequate nutrition, healthcare, and all of these depend in part on public structures — schools, colleges, fire departments, safety inspectors, courts, health departments and the like, which are adequately funded.”

Read more from the Claremore Progress at http://claremoreprogress.com/local/x1126802467/OK-Policy-director-paints-grim-picture-for-Chamber.

See also: The slides from OK Policy’s budget presentation at http://www.scribd.com/doc/65657032/Oklahoma-Budget-Trends-and-Outlook-September-2011

Fallin, legislative leaders say education employee health benefits will be fully funded

Gov. Mary Fallin and legislative leaders on Tuesday announced a commitment to fully fund education employee health benefits. Educators had threatened a lawsuit because they believe the benefits, mandated by law, had not been fully funded by the State Board of Education. “We are committed to fully funding flexible health benefits for our education employees, and we look forward to identifying a funding source at the beginning of the 2012 session,” Fallin said. “Additionally, I plan to work with legislative leaders and the education community to ensure that we have a more consistent, reliable method of funding these benefits in later years.” The State Board of Education’s action left schools short nearly $34 million.

Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=336&articleid=20110927_336_0_OLHMIY471108.

Fallin replaces three on Education Board

Gov. Mary Fallin appointed three new members to the state Education Board on Tuesday using a new law to oust two board members who had been appointed by her predecessor. A law passed during the last legislative session gives Fallin the authority to appoint members at will to four-year terms. Previously, members had been appointed for six-year rotating terms and could not be removed from office. Bill Price, of Oklahoma City, replaces Gail Foresee as the representative of the 5th Congressional District. Price is an attorney in Oklahoma City and serves on the boards of the Oklahoma Council of Public Affairs and the Oklahoma Coalition for School Choice. Amy Ford, of Durant, replaces Herb Rozell as the representative of the 2nd Congressional District. Rozell resigned from the board in July, but the seat was not filled. Ford runs a physician staffing clinic in Durant and is also a board member on the Southeastern Oklahoma State University Foundation. Bill Shdeed, of Oklahoma City, replaces Gayle Miles-Scott as the at-large representative. He is a former chairman of the board for Oklahoma City University and is now chairman emeritus.

Read more from NewsOK at http://newsok.com/gov.-mary-fallin-names-three-to-oklahoma-education-board/article/3608087.

Fallin announces Oklahoma storm shelter rebate offer

Oklahoma homeowners will be eligible for a cash rebate of up to $2,000 for the installation of a qualified tornado shelter under a program announced Tuesday by Gov. Mary Fallin. Using $1 million in federal grant money, the program will provide a cash rebate for up to 75 percent of the cost of installation of an above- or below-ground shelter. The program is only for homeowners, and recipients will be selected randomly on Jan. 3, although priority will be given to residents whose homes were destroyed by tornadoes earlier this year, said Oklahoma Emergency Management Director Albert Ashwood. As many as 20,000 Oklahomans are expected to apply for an estimated 500 available rebates, Ashwood said.

Read more from this Associated Press article at http://finance.yahoo.com/news/Fallin-announces-Okla-storm-apf-1556234678.html.

DHS Commission OK’s committee to review child death cases

Former Oklahoma County District Attorney Wes Lane will chair a new Special Review Committee of the Oklahoma Human Services Commission to determine whether investigations of deaths of children and adults in DHS custody follow agency policies, and whether those policies are adequate. The agency has come under scrutiny for child deaths, the most high-profile being that of five-year-old Serenity Deal. She was beaten to death after being returned to her father, who has been charged with murder. Two DHS workers have been terminated. Lane said the commission wants to make certain that its policies and their implementation “are as effective as they can humanly be to see to the safety of that child or adult.”

Read more from 23rd and Lincoln at http://journalrecord.com/23rd-and-Lincoln/2011/09/27/human-services-commission-forms-new-committee-to-review-policies-in-child-death-cases/.

See also: DHS Commission will work to get governance model right from NewsOK

Part of law establishing closing fund tossed out

The state Supreme Court ruled a section of a law that established a fund to attract businesses to Oklahoma is unconstitutional, but that the rest of the legislation is not affected. The Supreme Court voted to toss out the section of the law that authorizes the governor to make the final decision on a project, subject to consultation with the speaker of the House and the Senate president pro tem. Jerry Fent, an Oklahoma City attorney, filed the legal challenge to the measure, saying legislative leaders by consulting with the governor on whether to approve expenditures from the closing fund are acting as the executive branch and violating the constitution’s separation of power prohibition. “I’m glad they severed out the legislators, but I’m a little disappointed they didn’t hold the whole bill unconstitutional,” Fent said. “The closing fund still will be valid. She (Gov. Mary Fallin) will have complete control of the closing fund. She will not have to send it to the president pro tem and speaker of the House for their evaluation.”

Read more from NewsOK at http://newsok.com/part-of-law-establishing-closing-fund-tossed-out/article/3608246.

Why Oklahoma cannot afford to put children in silos

The last generation has seen the rise of education reform. This movement brought a profound sense of urgency to improving our schools, arguing that it is essential for the United States’ survival in the global marketplace. Consequently, reformers argue that data-driven accountablity, as well as an unflinching focus on classroom instruction, are more than a tough-love program for schools. They are the key to prosperity in the 21st century. Counter-arguments by teachers and social scientists that “schools alone” can not overcome the deficits that many children bring to the classroom were seen as “excuses.” Attitudes hardened, and it became an article of faith that increasing student performance must be based on measurable improvements in teaching and learning within the four walls of the classroom.

Read more from the OK Policy Blog at https://okpolicy.org/guest-blog-john-thompson-why-oklahoma-cannot-afford-to-put-children-in-silos/.

Oklahoma will start enforcing pet breeding law next week

Inspectors are ready to begin enforcing the state’s pet breeding law next week, the agency’s executive director said Tuesday night. The agency will start enforcing the rules and issuing citations on Tuesday for pet breeders who failed to get a license, William Brogden told members of the state Board of Commercial Pet Breeders. The board in July approved a two-month amnesty period for commercial pet breeders who had failed to apply for licenses under a new state law. Brogden said he and the agency’s two inspectors have compiled a list of breeders who are required to be licensed but haven’t yet applied. Effective Tuesday, breeders who are not registered with the board face a fine of up to $500 per day for each dog or cat found in their operation as well as any violation found on the premises.

Read more from NewsOK at http://newsok.com/oklahoma-will-start-enforcing-pet-breeding-law-next-week/article/3608268.

Federal spending in Oklahoma last year equated to $10,256 per person

The federal government spent $38.5 billion in Oklahoma last year, amounting to $10,256 for each resident in the state, according to a new Census Bureau report. The federal spending per capita was slightly below the national average of $10,612; Oklahoma ranked 25th out of the 50 states in spending per state resident in 2010. About $12.6 billion went to retirement and disability payments, including Social Security and retirement pay for federal workers and veterans. Direct payments for Medicare, food stamps, farm subsidies and other payments topped $9 billion. Grants, which include Medicaid and transportation spending, neared $8 billion. Salaries and wages topped $5.5 billion; and purchasing, by the Defense Department and other departments and agencies, neared $3.4 billion.

Read more from NewsOK at http://newsok.com/federal-spending-in-oklahoma-last-year-equated-to-10256-per-person-its-below-national-average/article/3608233.

Quote of the Day

Any state budget is never about just numbers — our budgets reflect our values, our goals, our priorities as a state. We depend on state governments and local governments to help us meet our goals of quality education for our children, effective infrastructure, adequate nutrition, healthcare, and all of these depend in part on public structures — schools, colleges, fire departments, safety inspectors, courts, health departments and the like, which are adequately funded.
–OK Policy Director David Blatt, speaking to the Claremore Chamber of Commerce

Number of the Day

8^th

Oklahoma’s rank nationally in number of acres of land in the state that’s used in farming; 35,200,000 acres in 2010.

Source: U.S. Department of Agriculture

See previous Numbers of the Day here.

Policy Note

Fla. welfare applicants less likely to use drugs

Preliminary figures on a new Florida law requiring drug tests for welfare applicants show that they are less likely than other people to use drugs, not more. Preliminary figures show that about 2.5 percent of up to 2,000 applicants for Temporary Assistance for Needy Families have tested positive since the law went into effect in July. Another 2 percent declined to take the test, Department of Children and Families officials say. The Justice Department estimates that 6 percent of Americans 12 and older use illegal drugs. The American Civil Liberties Union is challenging the law, saying it violates welfare applicants’ constitutional right against unreasonable searches. For that reason, a federal appellate court struck down a similar Michigan law in 2003.

Read more from this Associated Press article at http://newsok.com/fla.-welfare-applicants-less-likely-to-use-drugs/article/feed/301261.

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