News Stories For July 16, 2018

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1 Author: Shawn Ashley Date: 07/16/2018 Pardon, Parole Board okays two legislative proposals (ecap) The Pardon and Parole Board will ask the Legislature to for two changes to its statutes, one to update victim notification requirements and the second to remove references to a sentencing matrix that was never implemented. Pardon and Parole Board Staff Attorney Justin Wolf said neither proposal was particularly substantive but the changes would clean up statutory language concerning the agency. The first proposal addresses how the board contacts victims of offenders who are being considered for parole. That currently is done by mail, said Wolf. Victims, however, may move over the court of an offender's incarceration, which makes it difficult to contact them when the offender comes up for parole. The proposal would allow the board to contact victims via . "People change their address a lot less often than their physical address," Wolf said. The second proposed change removes language about a 1997 sentencing matrix that was never adopted by lawmakers but is referenced in the board's statutes. Wolf said it is the source of many offender lawsuits against the board. "A lot of our inmate litigation suggests because (the state) did not use the non-existent sentencing matrix they should have been released yesterday," Wolf told the board's members. Responding to a question from Tom Gillert, chair of the board, Executive Director DeLynn Fudge said she and Wolf would look for members to possibly carry the legislation. The board adopted the two legislative proposals unanimously. Board staff also plans to present a series of administrative rules changes to the board's members to clean up what Fudge called its "jumbled up" rules. "They are just too messed up to try to fix them," she said. One chapter will remove language concerning pardon and parole procedures and leave only language concerning the agency's policies and procedures, Fudge said. Another chapter will be revoked and a third chapter created that deals with the pardon and parole processes, she said. Page 1

2 Author: Sidney Lee Date: 07/16/2018 Griffith dies from a heart attack (ecap) Rep. Claudia Griffith, D-Norman, died over the weekend from a heart attack. Griffith served House District 45 for four years in the House of Representatives and was running for a Senate seat representing Senate District 16. Griffith authored more than 20 bills during the 56th Legislature but only one was signed into law in SB0189, by Sen. Kay Floyd, D-Oklahoma City and Griffith exempts from sales tax sales of tangible personal property or services to an organization exempt from taxation under the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3) and operates as a collaborative model which connects community agencies in one location to serve individuals and families affected by violence and where victims have access to services and advocacy at no cost to the victim. The same year Gov. Mary Fallin vetoed another bill authored by Griffith which made it through both chambers. HB1210, by Griffith and Sen. A J Griffin, R-Guthrie, creates the Commission on Independence and Ability until July 1, 2020, in place of the Strategic Planning Commission on the Olmstead Decision. The bill also modifies the statement of the public of the state regarding individuals with disabilities to say that it will be the policy of the state that priority be given to providing services in the most integrative setting and that institutional services will be the last resort. It requires that people with disabilities who utilize community-based services will make up the majority of the commission. It requires commission members to work cooperatively to ensure that the federal Olmstead decision is implemented. It establishes the commission's membership at four appointed members and 13 ex-officio members and provides a method for their selection. It requires the commission to develop a five-year implementation plan for the state to provide a comprehensive system of service deliver for Oklahomans with disabilities. It establishes requirements for the plan. The bill establishes reporting requirements. Fallin expressed her condolences Saturday over Twitter and said she appreciated Griffith's efforts on the Oklahoma Veterans Pilot Program, working to improve care for Oklahoma veterans. "We are deeply saddened by the sudden passing of our friend, Claudia Griffith. The Senate Democratic Caucus conveys our heartfelt condolences to Claudia's family," Sen. John Sparks, D-Norman, said in a prepared statement. Sparks is the out-going minority leader in the Senate. Griffith was running to fill his seat. "As a registered nurse, PTA president, and state legislator, Claudia was dedicated to serving her community and solving complex problems. Long before her service in the legislature, Claudia was a passionate advocate and leader on health care issues," Sparks said. "We are proud to call Claudia a friend and colleague. She will be greatly missed by the people of Norman and the entire state of Oklahoma." Oklahoma State Department of Health Commissioner Tom Bates also expressed his condolences, as well as the sorrow of the agency. Bates said Griffith spent time early in her career as a nurse with the Cleveland County Health Department and was an advocate health issues throughout her career, including her time in office. "We will remember her as someone who was deeply committed to improving the health of Oklahomans, especially among those who were most vulnerable. House members on both sides of the aisle described Griffith as a champion of her district. House Speaker Charles McCall, R-Atoka, said Griffith was a warm, kind person who cared deeply about her constituents and the direction of Oklahoma. "It is incredibly difficult to again learn of the sudden passing of a dear colleague, and I am heartbroken tonight," House Majority Floor Leader Jon Echols, R- Oklahoma City, said. "Claudia Griffith was a genuinely wonderful, caring Page 2

3 woman. She had a passion for improving our healthcare system and ensuring that more Oklahomans have access to quality medical care, and she had a genuine love for serving others. I will miss her very much, and I will be praying for her family." House Minority Caucus Chair Emily Virgin, D-Norman, said Griffith was a fantastic legislator and an even better friend. Virgin also said Griffith was in an exciting place in her life as a new grandmother when she passed. "Today, we lost not only a great representative and advocate for healthcare, public education and women's rights, but Rep. Claudia Griffith was also my friend," Rep. Jacob Rosecrants, D-Norman, said on social media. Rep. Cyndi Munson, D- Oklahoma City, called Griffith a "friend, colleague and mentor," asking for prayer for Griffith's family and the House minority caucus. Griffith is survived by her husband of 47 years, one daughter and two sons, her daughter-in-law and her first granddaughter, born a few months ago. The family has asked for privacy and said in a prepared statement they will release details and arrangements for services as they become available. Griffith's name will still appear on the ballot for the Democratic primary run-off for the seat Aug. 28. Page 3

4 Author: Shawn Ashley Date: 07/16/2018 Ethics Commission to file unpaid fees, fines cases in district court (ecap) The Ethics Commission will begin going to court to collect fines it has assessed but have not been paid. Commissioners gave their staff the go ahead Friday to begin filing orders in district court to collect late fees and fines. Commission Executive Director Ashley Kemp noted the problem is not with lobbyists, legislative liaisons or political action committees that must register annually with the commission and must have paid all their late fees and fines in order to do so. The problem is with candidate committees that do not register annually. Kemp said the commission has fees dating back to 2016 it has yet to collect. Those total $26,716. Another $61,017 is outstanding from 2017, according to information provided by Kemp, and an additional $40,818 has yet to be collected this year. Commissioner Karen Long said she feared committees would think the action taken by the commission was not significant if it did not pursue collection of the fee or fine. That, she said, also could give committees a false sense of security that the commission would never seek payment from them. Long said she also suspected campaigns owing fines and fees would seek the commission take action against others and would come forward to pay their own fines and fees. Long suggested the commission file the necessary documents with the Oklahoma County District Court quarterly. Kemp said that schedule might be difficult to meet due to its small staff. Kemp said she believed the commission could file two times per year, a schedule with which Long and the other commissioners agreed to as a minimum. Kemp said after the meeting she believes it will file its first cases before the end of the year. The cases will be filed in small claims court, Kemp indicated in response to questions from Commissioner Charlie Laster. "I don't know that this has ever been done before by the commission," Kemp said. Page 4

5 Author: Tyler Talley Date: 07/16/2018 AG to provide advice on legal challenge to adopted 788 emergency rules (ecap) Attorney General Mike Hunter will review a legal challenge filed Friday against the Oklahoma State Department of Health's (OSDH) medical marijuana emergency rules after Interim Commissioner of Health Tom Bates noted a conflict between the agency's attorney and the board. The board approved 75 pages of emergency rules Tuesday, creating the Oklahoma Medical Marijuana Authority, after adding two controversial amendments. One amendment prohibits the sale of smokable marijuana products and the second amendment requires dispensary managers, the person responsible for marijuana sales, to be a pharmacist. The board approved these amendments against the advice of OSDH General Counsel Julie Ezell, who said adopting the provisions could lead to litigation. Fallin approved the emergency rules the following day. In a letter to Attorney General Mike Hunter, Bates sought advice in how to proceed. In his letter, Bates noted the board acted against Ezell's advice in approving the two amendments. "In light of this conflict, I would appreciate the advice and counsel of your office on how best to proceed with the defense of this action," Bates wrote. Ezell argued Tuesday the amendments likely exceeded the scope of the board's authority, noting both had been included in a wish list the agency would bring to the Legislature next session to address statutory gaps in the draft rules. Hunter said he will expedite Bates' request as to "give clarity to the Department of Health on how to address this legal challenge." "The review will be thoughtful, thorough and transparent," Hunter said in a release. "We will publicly release the findings and recommendations provided to Mr. Bates when completed, hopefully by the end of the week." The lawsuit filed Friday against OSDH in Cleveland County District Court comes from a group of eight plaintiffs who contend they would have benefited from using marijuana products and others indicating they planned to be involved in the cannabis industry. "Plaintiffs contend that the rules interfere with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiffs. Defendant Oklahoma Board of Health lacks the authority to promulgate the rules, as the rules are outside of the scope of the enabling statute and the Board of Health failed to follow the procedures of the Administrative Procedures Act for promulgating emergency rules," the lawsuit reads. The challenge seeks a determination as to whether the board failed to comply with the Administrative Procedures Act when adding the pair of amendments, with the plaintiffs seeking a temporary restraining order to prevent the state from implementing the rules. Two lawsuits were filed Friday, the second coming from Tulsa-based marijuana group Green the Vote and Kenny Wogoman. The suit, which was filed in Oklahoma County District Court against Fallin and the Oklahoma State Department of Health (OSDH), alleges five board members met secretly prior to Tuesday's meeting in violation of the Open Meetings Act to discuss the two amendments. Neither Bates nor Hunter referred to the second suit in their respective letters. Bates' requests comes among a wake of criticism against the board's changes, with House Democrats going so far Wednesday as to call for a third special session to provide a proper regulatory framework. Rep. Jason Lowe, D-Oklahoma City, held a press conference Monday alongside advocates and patients to reiterate Page 5

6 that request, urging Fallin to issue the call immediately. "We must adhere to the will of the people," Lowe said, referring to Fallin approving the rules as an "affront to democracy" and an "insult" to voters who voted aye for SQ788. "It is clear it is what the people voted for and we should always protect the integrity of our election process," he summarized. Page 6

News Stories (09/14/2018) For September 14, 2018

News Stories (09/14/2018) For September 14, 2018 Author: Tyler Talley Date: 09/14/2018 State Health Board discuss impending advisory status transition (ecap) The State Board of Health spoke candidly Friday about their role within the Oklahoma State Department