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The Long Term Vision

17 Apr 2018 / 0 Comments / in Legislation, Oklahoma Corporation Commission, Transportation, Trucking/by Grace McMillan

Senator Mark Allen’s office has been apprised that president of the Oklahoma Trucking Association Jim Newport has been communicating with legislators and truckers about Senate Bill 1380. “There appears to be some misunderstanding about the bill that I’d like to clear up,” said Allen.

President and CEO of the Oklahoma Trucking Association (OTA), Mr. Newport serves on the Board of HELP, Inc., a company that OCC regulates, and the parent company of PrePass. The state of Oklahoma partners with PrePass to allow motor carriers to bypass inspection facilities and ports of entry. HELP, Inc. is governed by a Board of Directors. Serving with Mr. Newport as Board Member from Oklahoma is Lynne Jones, Interim Director of Transportation Division at the Oklahoma Corporation Commission.

Various news media sources reported in 2017 that the FBI was investigating a Missouri legislative dispute involving truckers and HELP, Inc. In April 2017, the Missouri Auditor announced an investigation into potential conflicts of interest related to state officials’ placement on the board of a company that provides technology that allows truckers to bypass state weigh stations while also regulating that company.

“There is no doubt in my mind that a regulator serving on the board of a private company it regulates is a clear conflict of interest, especially when that company has competition in the market and the regulator is in a position to erect roadblocks, delay or stop the ability of a competitor to enter the market,” said Allen. “Drivewyze, for instance, has implemented their program in 42 states, many of which required integration with IRD equipment, none of which took longer than four months to become operational. It’s my understanding that Drivewyze has been trying since July 2015 to work with OCC to implement their program in Oklahoma. An MOU was signed with the OCC on 11/25/2015. Almost three years later, Drivewyze is still not operational in this state.

“Let that sink in for a moment,” Allen continued. “OCC regulates which company allows motor carriers to bypass inspection facilities and ports of entry in the state of Oklahoma. The Interim Director of the Transportation Division of the OCC serves as board member for that company, as does Mr. Newport of OTA. HELP, Inc., that same company, accepts $15,000 in annual membership dues per year from the state of Oklahoma to cover travel, lodging and meals for board members to attend two board meetings a year in various states.”

Allen believes the crux of the strong opposition to his bill is that the Oklahoma Corporation Commission stands to lose revenue if the bill were to pass. “It’s such a common sense proposal, there’s just no reasonable explanation for this much political opposition unless it’s the loss of a considerable amount of revenue and/or control,” said Allen.

“First they tried to say that somehow I would benefit as the Senate author, which is ludicrous, because my business would of course be subject to the same laws as all the other businesses. Remember, ODOT and DPS were involved in the writing of this legislation. In committee DPS was attacked, which is also ludicrous, since DPS is the lead agency authorized by the Governor to implement MCSAP. And now it appears as though the truckers are being misinformed. There’s just no doubt in my mind that politics are in play here,” Allen said.

“This bill is a clear consolidation bill that will streamline the industry and put licensing, permitting and enforcement to the only authority authorized by the Governor to conduct Federal Motor Carrier Safety Administration (FMCSA) inspections recognized nationwide,” added Allen. “I say again: the legislation has the support of the Oklahoma Department of Transportation and the Department of Public Safety. It makes significant progress in truly creating the envisioned Trucking One-Stop Shop.”

The Department of Public Safety’s primary mission is to provide a safe and secure environment to the motoring public; to that end, DPS Troop S officers are authorized by the Governor under the Motor Carrier Safety Assistance Program (MCSAP) to enforce FMCSA regulations in Oklahoma. Troop S officers are trained, certified and authorized by FMCSA to perform federal safety inspections and identify driver and vehicle Out of Service violations. After the inspection, the information is uploaded to the national system and is accessible nationwide to law enforcement.

The Oklahoma Corporation Commission conducts credential inspections that have to do with CMV registration, payment of fuel taxes and UCR credentialing. Although penalties are assessed, no safety inspections are conducted, no data is uploaded into the national system, no report is entered into the carrier’s safety profile, and carriers operating under a federal Out of Service order are allowed to resume travel. When a citation is issued, the bond must be paid onsite before the truck is allowed to resume travel.

“In today’s world of advanced technology,” said Allen, “this is not only antiquated and inefficient and confusing to truckers, unfortunately it also puts public safety at risk.” He noted that most states have commercial vehicle enforcement set up in the manner SB 1380 proposes. Oklahoma is one of two states still behind the times.

“Let’s put the bitterness of politics aside and look at the long term vision that this bill represents,” suggested Allen.

“It’s an undeniable fact. We know that Oklahoma is way behind the curve on this. I’m told that in the last few years, Louisiana, Tennessee, North Carolina and Florida have all moved to the consolidation of motor carrier safety. Productivity is better, along with consistency and continuity. It’s just a much better system,” said Allen.

“If we look at the Florida Department of Transportation, we’ll see that the FDOT takes care of the weigh stations, scale houses and permits, and the Florida Highway Patrol takes care of enforcement. In Florida, a single website gives access to the commercial vehicle citation payment center, CDL medical information, IFTA and IRP accounts, state skill test sites, commercial driver license third party testing, frequently asked questions, and much more.”

Florida allows for the application to file IRP renewals and other IRP transactions, the filing of IFTA tax returns, the ordering of decals and the ability to pay for it all online. Florida calls it the “Fast Lane” to your IFTA and IRP accounts.

“Let’s be clear. If you’re a trucker and legislation like this passes, you’re going to love coming back to Oklahoma,” stated Allen. “There will be no more confusion as to what constitutes a safety inspection by which agency. No more immediate payments on the side of the road for an OCC citation before you can resume travel. With the passage of this bill, Oklahoma highways will be safer. The trucking industry will be better served. Agency duplicative duties will be consolidated and streamlined. Transparency will finally become the norm. And Oklahoma will no longer lag behind the rest of the nation in commercial vehicle enforcement because there will finally be a Trucking One-Stop Shop, as envisioned so many years ago.”

Safety First

12 Apr 2018 / 0 Comments / in 2018 Session Update, Legislation, Oklahoma Corporation Commission, Transportation, Trucking/by Grace McMillan

On Monday, the beginning of the second week of a historic teacher walkout, the bold headline of the lead story of the Journal Record claims, “Legislator’s bill would deregulate his family business.” The prominently placed article is above the fold on the front page of the publication, so it would be easy to think it was the most important news of the day (notwithstanding the estimated presence of 50,000 teachers at the State Capitol) and had therefore been thoroughly vetted and carefully researched.

Unfortunately, this does not appear to be the case. Not only is this a non-story, the article is riddled with errors which are easily rectified by a simple perusal of the two bills in question: Senate Bills 1375 and 1380 by Senate author Mark Allen (R), Spiro.

Let’s start with the headline. This bill doesn’t deregulate anything, including Allen’s company. In fact, the very real consequence of these two bills will be to make Oklahoma highways safer because officers at the ports of entry will be properly trained and equipped according to federal standards, as well as having state and federal authority to safety inspect commercial trucks, a task they are currently not authorized to perform.

KGOU picked up the story, and while they asked Allen’s office for an interview, did not respond to Senator Allen’s request to submit emailed questions. The KGOU headline states: “Bill would change trucking rules, but sponsor’s business owns trucks.” This story consisted mostly of an interview of the first article’s author, Sarah Terry-Cobo, senior reporter at the Journal Record.

Allen suggests reporters actually read the bills so that journalistic ethics are not compromised and the accusation of “fake news” cannot be levied.

SB 1375 creates a new and standardized schedule for fining overweight trucks, creates a multiplier for frequent/repeat offenders, and as authorized by federal law, allows heavy-duty tow and recovery vehicles to clear the interstate without having to separate the load. SB 1380 consolidates and streamlines state government, making significant progress in truly creating a “Trucking One-Stop Shop”. This transfer would be very similar to when the Tax Commission transferred their authority to the Oklahoma Corporation Commission in 2004. Now, as then, no services will be interrupted.

“Several statements in the Journal Record article are inaccurate,” asserted Allen. “I can’t stress enough how important it is for them to read the bills.

“The Corporation Commission already knows this, but it’s important for reporters and the public to know it too: it is not true that the bill will expand jurisdiction on for-hire motor carriers. It is incorrect to say the bill will effectively remove the state’s oversight of private motor carriers that weigh 26,000 pounds or more; and the bill does not eliminate commercial insurance requirements for private motor carriers unless they are hauling hazardous material.”

The simple answer to all of these erroneous statements is the same: no changes or additions were made to current law, and all administrative rules from the Oklahoma Corporation Commission (OCC) will be transferred to the Department of Transportation (DPS).

Ethics Rules

“The State Legislature is comprised of members from all different walks of life, and they bring a wealth of information to the conversation, which helps the Legislature make good policy. Doctors and pharmacists who are elected are essential members of the Health and Human Services Committee, for example. This year we expect teachers to run for legislative office. Do the Ethics Rules require them to recuse themselves from all votes on education?” asked Allen.

“Perhaps reporters should ask a few questions of the Corporation Commission,” suggests Allen. “Ask the Corporation Commission how much revenue they will lose if these bills pass. Ask an OCC officer to show you his radio, as required by state statute. He will pull out a cell phone. Ask OCC if it’s true they delayed the state’s Core Certification for a span of about ten years, missed multiple deadlines, and cost the CVISN program a conservatively estimated $4M to $6M in federal grants that could have been used to pay for weigh station equipment, related technology and updated software.

“It is because of years of experience of owning trucks that I have extensive knowledge about the industry. I know the difference between proper enforcement and the abuse of authority simply to raise revenue. These bills will not deregulate my company; rather, they will standardize the safety inspection of commercial vehicles and bring our state policies in line with federal safety regulations already in place. Most states have commercial vehicle enforcement set up in this manner. Oklahoma is one of only two states still behind the times.”

Currently the Oklahoma Corporation Commission does not have the authority required by the Federal Motor Carrier Safety Administration (FMCSA) to safety inspect commercial trucks. This authority is granted by the Governor only to the Department of Public Safety.

“This legislation addresses serious safety concerns I’ve had for years,” stated Allen.

Testimony at a 2017 Transportation Committee interim study (17-42) revealed that every month Corporation Commission officers allow commercial vehicle carriers to travel on Oklahoma roads and bridges despite having critical safety issues that are likely to cause an accident or breakdown. OCC officers do not conduct federal safety inspections, nor are they authorized by FMCSA to detain an unsafe driver or vehicle. If an OCC officer stops a drunk driver, they must call the local sheriff or OHP to make an arrest. Overweight trucks are fined and allowed to proceed without offloading, compromising public safety. Troop S officers, on the other hand, are federally authorized, trained and required to correct Out of Service violations before travel is allowed to resume.

Funding concerns

The bills address the timing and funding of the transfer process. The citation money will go into the revolving fund. Beginning July 1, 2018, ODOT will provide oversight of that fund and enter into an agreement with OCC to pay for enforcement from July 1, 2018 through June 30, 2019. All enforcement staff will be transferred to DPS on July 1, 2019. OCC authority is not removed until July 1, 2019. The bill states that all OCC administrative rules will be transferred to DPS.

The article incorrectly states that the bill will shift about 30,000 truck citations to the district courts. In fact, violations will be run through an administrative court very similar to how it is currently done by OCC.

The underfunding of DPS is not a factor in these bills. Staffing at other DPS offices is not related to Troop S or its function.

“I am delighted to be able to allay Commissioner Hiett’s stated fears,” said Allen. “If SB 1380 passes, it is not true that the state would immediately become non-compliant with international trucking compacts (IFTA & IRP). Rather, the very good news is that OCC would still operate IFTA, IRP, UCR, etc., for the first year. Beginning July 1, 2019, DPS would take over responsibility and have the exact same rules that OCC is operating under today. OCC rules will be transferred to DPS on July 1, 2019. I will be glad to give Commissioner Hiett copies of the latest versions of the bills.”

Safety

Senator Allen feels the Journal Record article omitted the most important element of the story.

“The real issue here is public safety, which should be everyone’s primary concern. I have a private business that uses trucks and I have spoken with the truckers. My office has worked closely with the Oklahoma Department of Transportation and the Department of Public Safety to get this legislation to the place it is today. Both departments support these bills, all the way from the boots on the ground and their commanding officers, to the Secretary of Public Safety and the Secretary of Transportation. I have solicited input from every level of commercial vehicle enforcement. Oklahoma Corporation Commission officers who man the ports of entry agree their duties are restricted and their safety is compromised for want of a simple radio. I have personally spoken at length with the ODOT program director and with Troop S officers who enforce commercial vehicle safety every day, and solicited their expertise in crafting the language of these bills. We heard testimony from the Safety Program Manager of the Federal Motor Carrier Safety Administration at a Transportation Committee interim study in 2017.

“When ODOT and DPS agree on a safety issue, when the boots on the ground tell me this is the right thing to do, when the Federal Motor Carrier Safety Administration states that DPS is the only agency authorized by the Governor to conduct safety inspections and detain unsafe drivers and vehicles, and when most states do it the way this legislation proposes, it is past time to listen to the experts, and finally put safety first on Oklahoma highways.”

Setting the record straight

26 Mar 2018 / 0 Comments / in 2018 Session Update, District News, Education/by Grace McMillan

I thought I’d write a quick note to set the record straight on some misconceptions I’m hearing about on social media. This article is intended only to present facts that may have been overlooked.

Oklahoma legislators cannot vote themselves a pay raise. The Legislature does not set its own pay. Legislators’ pay is set by the Legislative Compensation Board, a nine-member board appointed by the Governor, House Speaker and President Pro Tem of the Senate. Legislator pay has actually been cut 8.8%, starting November 1, 2018, so legislators elected or returning in November will be paid less. The benefits package for legislators is the same as it is for state employees.

According to statements on Facebook and some of the unions and educators, teachers have not received a pay raise in the last ten years. School personnel records are public; you may access them at http://sde.ok.gov/sde/documents/2018-01-02/certified-staff-salary-information. My office did a little research, and I have obtained every teacher, principal, superintendent’s salary and benefits in the state.

I have compared the 2016/17 school year to the 2009/10 school year. From a preliminary review, it looks like the average increase in teacher salaries during that time period has been from $3,000 to $8000. Principals’ pay increases ranged from $8,000 to about $13,000. This does not include fringe benefits, which includes 100% health care for employee and district paid retirement.

I have reviewed OEA’s projected budget that they are encouraging educators to walk out for. If you will look at the bills that have been put forward in the House or Senate over the last two years, you will find that virtually every one of these demands has been voted on at least once (except for the Romney plan, which caps itemized deductions). If you research the votes, you will also find that no Democrats voted for these measures, except for a few on the recent Step Up plan.

Last Wednesday there was a vote on the Senate floor at 10:30 p.m. that would have provided a 12.7% teacher pay raise and a $2500 state employee pay raise. OEA encouraged all Democrats to vote against this measure, and the measure failed. Democrats sent a message in debate on the Senate floor that these pay raises were not enough; it was “all or none.” With the past votes on the tax increases they are proposing, “all” is not attainable. This is indicated by the voting history on all of these bills.

I was glad to receive teachers and administrators from the district who have been to visit the Capitol and my office this week. During our conversations I realized the bulk of their message was really about more money to the classroom, and that a raise would help. The main message I understood from their visit was to fund education. I suggested they contact the unions to change the messaging to look at what is attainable now so the unions will allow the Democrats to cast a supporting vote.

Another issue being discussed on local social media sites is voter registration. I encourage voter registration. However, it is against the law for someone to ask or encourage you to declare a specific party affiliation when you are registering to vote. This is your decision. Research the platforms.

When I was elected in 2010, the teachers’ retirement system was less than 50% funded. Today that fund is over 70% funded because of putting almost $300M a year into the Teachers’ Retirement system. Teachers’ retirement in Oklahoma is based on the last three years of earnings, while Social Security retirement is based over 35 years of income. A teacher with a salary of $30,000 who moves to a higher paid position such as a principal with a $60,000 to $90,000 salary will retire at the end of their Oklahoma career at that higher salary, even if they only worked for three years at that higher position.

One final thing: I do not engage on Facebook. Every once in a while, my office will share an informative post, but the account is not regularly monitored as a means of contact. To contact my office, please visit, email or call the office and we’ll be glad to hear from you.

Until next time,

Senator Allen
Phone 405-521-5576
Email allen@oksenate.gov
http://senatormarkallen.com
www.oksenate.gov

The Legislative Process

09 Mar 2018 / 0 Comments / in Legislation/by Grace McMillan

The legislative process was deliberately designed to take into account the need to hear from many points of view, so it is involved and arduous and sometimes frustrating to the casual observer. For these reasons and others, only a small percentage of introduced bills actually make it into law. I won’t recount every possible scenario and exception to the rule, but here’s a very simple overview of how a bill goes through the legislative process in Oklahoma.

Each bill must have a House and Senate author, because each bill goes through the same legislative process in each chamber.

The first three weeks of session are the busiest, in my opinion, as legislation makes its way through committee hearings in both chambers. The Committee Chairs decide whether or not to hear bills; and many bills die without receiving a committee hearing. If the bill is heard by the committee, language can be amended or substituted, and the bills are debated and voted on by the entire committee.

If a bill passes a Senate committee, it must receive permission by the Floor Leader before being considered by the full Senate. Amendments, language substitutions and debate are part of the floor procedure as well. Many bills die on the Senate floor simply because they don’t have enough votes to pass.

If a bill passes through committee and is successful on the Senate floor, it proceeds to the House of Representatives where the process is repeated, including a committee assignment, a vote in committee and a vote on the floor of the House.

If the bill completes this process with the title on, the bill will be sent to the Governor’s office for her consideration. If she signs the bill, it will become law. If the bill has been amended, or if the title or enacting clause has been stricken, or if any amendments have not been accepted, the bill proceeds to a conference committee.

If the original author of the bill rejects the other chamber’s amendments, the bill goes to a conference committee. If either the House or Senate leadership refuse to appoint conferees, the bill dies. If conferees are assigned, the bill has to receive a majority support of both House and Senate conference committee members. This means the author of the bill must present the bill again in the committee environment.

If the conference committee approves the bill, it must again go to a full vote of the entire House and Senate. If it does not receive a hearing on the floor, the bill dies. If both legislative chambers approve the bill, it is sent to the Governor for her signature. If the Governor vetoes the bill, it can be overridden by a 2/3 vote of the House and Senate. If the Governor signs the bill, it becomes law.

Throughout the process, the language of a bill very often changes. You will see that I may vote for a bill in committee, but not vote for it in on the floor (or vice versa); many times, that is because the language of the bill has changed to the point where either I can now support its passage, or must vote against. You will find my office very hesitant to promise to vote a certain way on a bill if the legislation is still in the process and the language is subject to change. Last minute changes are not always friendly, and I want to be careful at each stage of the bill’s process to vote in the best interests of the citizens of Oklahoma.

Any interested person can follow a bill’s progress if you know its number. Visit www.oksenate.gov, select Legislation from the top menu; then choose Basic Bill Search. Entering the number of the bill in the form provided will generate the bill’s short title, history, any amendments, bill summaries, versions, votes and co-authors.

The bills that are passed through this legislative process affect your life in specific ways. I invite you to become involved and contact my office with your viewpoints. Be sure to include your name, address, the bill numbers if you have them, and your viewpoint on the subject matter. I’m always glad to hear from the constituents in my district, and I value your input.

Until next time,

Senator Mark Allen

Energy Committee Meeting Agenda – 2/15/2018

14 Feb 2018 / 0 Comments / in Energy/by Grace McMillan

SUBJECT:      First Meeting
DATE:             Thursday, February 15, 2018
TIME:              8:30 a.m.
LOCATION:    Room 535, State Capitol Building

AGENDA:

1.  SB 974 By Daniels of the Senate and ODonnell of the House (Proposed Comm. Sub., req. #3314)
Oil and gas; modifying payment of proceeds from oil and gas production; authorizing certain     proceeds be interpled in court. Effective date.

2. SB 997 By Rader of the Senate and Thomsen of the House
Public health and safety; amending definition relating to the Oklahoma Underground Facilities Damage Prevention Act. Effective date.

3. SB 1147 By Simpson of the Senate and Hardin of the House (Proposed Comm. Sub., req. #3364)
Water and water rights; modifying jurisdiction of Department of Environmental Quality; providing exception to applicability of certain water standards. Effective date.

4. SB 1241 By Brecheen of the Senate
Water and water rights; creating the Oklahoma Water Sustainability Act. Effective date. Emergency.

5. SB 1351 By Allen of the Senate
Corporation Commission; modifying jurisdiction over certain permit fees. Effective date.

6. SB 1352 By Allen of the Senate
Department of Environmental Quality; requiring the use of certain data. Effective date.

7. SB 1477 By Fields of the Senate
Oklahoma Groundwater Law; modifying definition of groundwater. Effective date.

8. Other Business.

Senator Mark Allen, Chair
Senator Eddie Fields, Vice-Chair

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Hello! My name is Grace McMillan and it is my pleasure to be of service. Please call Senator Allen's office at 405.521.5576, email me, or drop by the office any time; the favorite part of my job is interacting with constituents. I look forward to hearing from you!

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