OKLAHOMA CITY - Two years after a class-action lawsuit was filed against the state contending that the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) violated due process rights of some pretrial defendants, a resolution settlement has been approved by state leaders.
On March 4, the Senate approved House Concurrent Resolution 1004, after a recent short delay to review the measure before sending it back to the House. President Pro Tem Lonnie Paxton (R-Tuttle) teamed up with House Speaker Kyle Hilbert (R-Bristow) to write the resolution.
The measure has now been filed with the Secretary of State and the settlement agreement will improve mental health services in Oklahoma’s county jails. In part, the state was accused of failing to provide timely court-ordered competency restoration services, which would provide treatment for people deemed incompetent to stand trial.
A portion of the proposed settlement requires ODMHSAS to work with experts and community leadership to improve competency restoration services through various measures, including increased training of forensic health care professionals.
“This consent decree represents a responsible path forward, ensuring those in custody will serve their sentence while continuing to receive mental health services without unnecessary, costly legal battles,” Paxton said in a pr ess release. “By passing this measure, we are protecting taxpayers from exorbitant costs while upholding our commitment to public health and safety.”
As the settlement agreement passed its final hurdles, after contentious debate among state leaders over the last year, Gov. Kevin Stitt announced he submitted a request to the Oklahoma Auditor and Inspector’s Office for an audit of ODMHSAS, which oversees all prevention, treatment and education of mental health and substance abuse in the state.
The audit request was submitted on March 5 after Commissioner Allie Friesen raised concerns about patterns of financial mismanagement spanning years. Stitt is asking for a special investigative audit of the books over the last five years.
In turn, Paxton and Hilbert released a joint statement in conjunction with the governor’s request.
“House and Senate leadership have taken immediate action to activate the services at the Legislative Office of Fiscal Transparency (LOFT) to determine why this unacceptable shortfall exists, what its breadth is and how we prevent it from ever occurring again. Constitutionally we are obligated to pass a state budget no less than 12 weeks from now.
“In addition to the engagement of LOFT through a joint legislative service request to dig into the agency’s finances, we also urge the state Auditor to conduct a forensic audit. LOFT can provide us the quick answers we need to do our constitutional duties before sine die adjournment while the breadth of a forensic audit from the State Auditor is needed to ensure there is no waste, fraud or abuse associated with this shortfall,” the joint statement said.
In other Senate news, Paxton’s request for a constitutional amendment regarding the Judicial Nominating Commission, outlined in Senate Joint Resolution 6, passed the Rules Committee last week. The reform proposal would mirror the federal model for judicial selection process.
If signed into law, the governor would select judicial candidates and the Senate would be tasked with confirming or rejecting the nominees.
“The proposed changes will bring clarity and fairness to the process,” Paxton said in a press release. “The JNC, which is supposed to be an independent body, lacks the transparency necessary to inspire public trust. It’s time to shift toward a process where elected officials, who are accountable to the voters, are directly involved in the selection of judges. With the Senate’s role in confirming judges, Oklahomans will have a better understanding of who is being appointed and how decisions are made.”
If passed, it will be presented to Oklahoma voters for approval in a statewide vote.
In addition, Paxton has five other bills placed on General Order and are now available to be heard on the full Senate floor. They are:
• Senate Bill 642, which pertains to workers’ compensation and would expand rights and remedies granted to certain persons. In addition it would authorize an agreement between contractors and subcontractors to provide certain insurance coverage. An emergency tag has been at tached to the bill, which would allow it to g o in effect after the governor’s approval.
• SB 646, which pertains to judicial and federal official security and privacy and would create the Oklahoma Federal Official and Judicial Security and Privacy Act of 2025. It also has an emergency tag attached.
The measure would update the current act and expands to include current elected federal officials, along with judges and other judicial personnel. The goal is to protect sensitive personal information of “at-risk individuals” by restricting public access to designated types of personal data. This includes home addresses, phone numbers, email addresses, Social Security numbers and other identifying information.
In addition, the measure seeks to modify existing rules about voter registration confidentiality to include elected federal officials. It would allow them to keep their residential and mailing addresses confidential.
• SB 652, which pertains to the administration of elections and would specifically modify permissible dates for certain elections. It would also authorize special elections called for certain purposes to be held on certain dates.
Specifically, the proposal would revise the designated Tuesdays on which elections can be held and would shift some election dates. The bill also introduces new provisions for special elections called by the governor, which specifies those elections to f ill specific office vacancies during national or state emergencies.
• SB 684, which pertains to income tax credit and specifically relates to the Oklahoma Parental Choice Tax Credit Act for education expenses. It would modify tax years for certain annual credit limits to be enforced. The measure also outlines a procedure for enforcement of the annual limit and also has an emergency tag attached to it.
In addition, the bill would require participating private schools to provide enrollment and tuition information to the Oklahoma Tax Commission and allow an audit of claimed expenses.
• SB 758, which pertains to schools and would provide conditions under which virtual instruction may count toward certain required instruction hours or days. If passed, the measure would modify Oklahoma’s school instruction time requirements and new rules would be established for virtual instruction when schools are closed.
The goal of the bill is to ensure that virtual instruction is used sparingly and only under specific, extraordinary circumstances. This will maintain the state’s commitment to in-person classroom learning and allow flexibility during emergencies.
Two bills authored by Sen. Brent Howard (R-Altus), were engrossed by the Senate last week and are now ready to be sent on to the House for consideration.
• SB 536, which pertains to county election boards and would authorize certain actions by an assistant secretary under specified circumstances. It would amend state law that pertains to secretary and assistant secretary’s duties and clarify their roles and responsibilities.
For example, the bill would allow the assistant secretary to execute the secretary’s duties during absences due to illness, disqualification, recusal or other approved reasons and provides a formal process for the temporary replacement.
• SB 83, which pertains to prisons and reformatories, would specifically modify elements of exemption to certain accounts, including inmate trust funds. In part, the measure also seeks to update language and clarify provisions related to inmate wages, savings and financial management.
Sen. Spencer Kern (R-Duncan) had two bills placed on General Order last week and are ready to be heard by the full floor. They are:
• SB 111, authored by Kern, pertains to contractors and decreasing the number of sewage disposal system installations for certain certification. The bill seeks to reduce the number of individual sewage disposal system installations that require certification from the Oklahoma Department of Environmental Quality (DEQ) from more than 10 per year to more than one per year.
• SB 40 is co -sponsored by Kern and pertains to firearms and modifying provisions related to transporting firearms in motor vehicles. Primarily it would expand protections for individuals transporting and storing firearms. The measure, if approved, would amend two existing statutes to remove liability provisions and strengthen protections.
In particular, the proposal would prohibit property owners, employers and businesses from establishing policies that would prevent employees or individuals from transporting and storing firearms in locked motor vehicles. This would include vehicles owned, leased or rented for business purposes.
The bill would also allow individuals to file civil actions against any establishment that attempted to enforce restrictive policies and would provide immunity from liability for property owners and employers who do not prohibit firearm transportation.
Sen. Kendal Sacchieri (R-Blanchard) had three bills placed on General Order last week and are ready to be heard by the full floor. They are:
• SB 761, which pertains to healthcare, would create the Lori Brand Patient Bill of Rights Act of 2025 and would specify certain patient rights and responsibilities. Sacchieri co-sponsored the measure, which outlines extensive patient rights. It includes the right to receive respectful, safe, considerate care and to be fully informed about medical treatments. It also, in part, specifies that a patient can participate in healthcare decisions and access medical records.
• SB 817, which pertains to bonds and would require transparency for obligations issued by trusts for the benefit of local governments. The measure seeks to amend state law to enhance transparency requirements by mandating that local government entities (including counties, cities, towns, school districts and various special districts) publish detailed information about proposed bond issues on their websites at least 30 days before votes are cast.
• SB 1029, which pertains to the Oklahoma Public Employees Retirement System and would establish a new provision to allow employees to decide to opt out of the retirement system without penalty.