Southwest Oklahoma Legislative Update House of Representatives

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OKLAHOMA CITY – A week after Deadline Day for proposed bills in the chamber of origin, several bills received a second reading in the opposite chamber as they moved through the legislative process.

Rep. Brad Boles (R-Marlow) A bill calling for the reallocation of funds between three energy tax credit pools, House Bill 3051 is authored by Rep. Boles and co-sponsored by Sen. Lonnie Paxton (R-Tuttle). It received a second hearing in the Senate on March 13 and was referred to the Finance Committee.

The three tax credit pools included are already in current statute and have a $10 million annual cap, Boles wrote in his weekly column. If the full $10 million is no t used, the remainder would be reallocated evenly to the other tax categories. Boles wrote that the measure is not expected to impact state revenue or state appropriations since the full $30 million is already appropriated each year.

Another bill authored by Boles and co-sponsored by Paxton, HB 3534, was requested by the Oil and Gas Division of the Oklahoma Corporation Commission, Boles wrote. He explained that the measure would sunset Category A financial statements as a method of surety that can be used for any new operator posting surety. The bill would also stagger Category B surety based on the number of wells the operator owns.

Boles noted that there is a backlog of over 18,000 wells within the state well-plugging program. The average well costs between $20,000 and $25,000 to plug. This means Oklahoma has a huge, accrued liability, he said, and is urging the Legislature to become more aggressive with surety bond requirements for operators to ensure the state gets more revenue to help plug the wells if it becomes necessary to take them over from operators who are no longer in business.

The bill received a second reading in the Senate on March 19 and was referred to the Energy and Telecommunications Committee.

Rep. Trey Caldwell (R-Lawton) The Underground Facilities Damage Prevention Act, proposed in HB 4095, outlines requirements before an excavator can demolish a structure and addresses unmarked hydrocarbon and hazardous liquid underground facilities within the area of proposed excavation.

The bill was authored by Caldwell and co-sponsored by Rep. Boles and Sen. Lonnie Paxton (R-Tuttle). It received a second reading in the Senate on March 19 and was referred to the Energy and Telecommunications Committee.

Another bill authored by Caldwell, HB 4092, introduces a 4% “privilege tax” for every state banking association, national banking association and credit union organized under the laws of this state, located or doing business within the limits of the state of Oklahoma. It would apply to taxable years beginning after Dec. 31, 2021.

Section 1B of the bill text outlines other taxes the institutions a re liable for and which taxes may be exempt.

The measure received a second reading in the Senate on March 19 and was referred to the Finance Committee and then the Appropriations Committee.

Rep. Toni Hasenbeck (R-Elgin) An act concerning crimes and punishments relating to the Oklahoma Law on Obscenity and Child Pornography, HB 3642, received a second reading in the Senate on March 19 and was referred to the Judiciary Committee. It was authored by Rep.

Hasenbeck.

Among other detailed stipulations, the measure states that any person convicted of procuring or causing the participation of any minor under the age of 18 in any child pornography or obscene material will be guilty of a felony and not be eligible for a deferred sentence. Imprisonment in the custody of the Department of Corrections shall not exceed 20 years and a fine for not more than $25,000.

HB 3159, co-sponsored by Hasenbeck and authored by Rep. Eric Roberts (R-Oklahoma City) pertains to eminent domain and a Landowners’ Bill of Rights. The bill addresses six points for landowners’ rights and states that the Attorney General will prepare a written statement for a property owner whose real property may be in consideration of acquisition. The statement will be made available to the public and written in plain language designed to be easily understood by the average property owner.

It received a second reading in the Senate on March 19 and was referred to the Judiciary Committee.

Rep. Gerrid Kendrix (R-Altus) Dual officeholding by law enforcement officers is outlined in HB 3557, authored by Rep. Kendrix. In part, the measure states that no person holding an office under the laws of the state and no deputy of any officer so holding any office shall, during the person’s term of office, hold any other office or be the deputy of any officer holding any office, under the laws of the state.

The provisions of this section shall not apply to notaries public, members of the State Textbook Committee and county free fair board members.

The bill received a second reading in the Senate on March 19 and was referred to the Public Safety Committee.

If enacted into law, HB 3556, would require the State of Oklahoma to designate a health information exchange organization as the state-designated entity for health information exchange. The measure was authored by Kendrix and received a second reading in the Senate on March 19 and was referred to the Health and Human Services committee.

Rep. Dick Lowe (R-Amber) A motor vehicle bill authored by Rep. Lowe received a second he aring in the Senate on M arch 19 and was referred to the Pub lic Safety Committee. HB 2195 addresses the sale or transfer of own ership of a v ehicle, impoundment of vehicles, used de aler temporary plates and registration and licensing of a new motor vehicle.

Lowe also a uthored another motor vehicle bill, HB 3405, which relates to permit fees. It also received a second reading in the Senate on March 19 and was referred to the A eronautics and Transportation Committee and then to the F inance Committee.

Rep. Marcus McEntire (R-Duncan) The Patient’s Right to Pharmacy Choice Act, as proposed in HB 3376, received a second reading in the Senate on March 19 and was referred to the Retirement and Insurance Committee. The measure was authored by Rep.

McEntire.

In part, the bill states that the Attorney General will review and approve a retail pharmacy network access for all pharmacy benefits managers to ensure compliance with the stipulations set forth in the act. A hearing is scheduled for Tuesday, March 26; however, results were not available at press time.

Also McEntire’s Home Care Act, HB 3371, also received a second reading in the Senate on March 19 and was referred to the Health and Human Services Committee.

The act relates in part to long-term care, home care agency licenses, removing provisions relating to supportive home assistants and requiring home care agencies to develop a written training plan for certain individuals.

Rep. Daniel Pae (R-Lawton) The Fighting Chance for Firefighters Act, HB 3573, authored by Rep. Pae received a second reading in the Senate on March 19 and was referred to the Retirement and Insurance Committee.

The bill would cover screenings for lung, prostate, testicular, skin, colon and breast cancers for all f irefighters, including volunteer firefighters.

According to the International Agency for Research on Cancer, the disease is the No.

1 cause of death for active-duty firefighters.

A measure, HB 3511, pertaining to elections, special elections and modifying timelines for certain elections received a second hearing in the Senate on March 19 and was referred to the General Government Committee.

The bill was authored by Rep. Ronny Johns (R-Ada) and co-sponsored by Pae.

Rep. Rande Worthen (R-Lawton) A driving under the influence bill authored by Rep. Worthen received a second hearing in the Senate on March 19 and was referred to the Public Safety Committee.

The measure would create the Impaired Driving Prevention Advisory Committee, which would be authorized to collect, analyze and interpret relevant crash data on impaired driving and associated traffic crashes.

In addition, the bill would authorize the committee to review, evaluate and monitor the impaired driving system of the state and provide a network of communication and cooperation among the various stakeholders to coordinate and integrate efforts and resources to reduce the incidence and severity of impaired driving crashes.

A bill aimed at removing harmful woody species from public lands received a second reading in the Senate on March 19 and was referred to the Energy and Telecommunications Committee and then to the Appropriations Committee.

The measure, HB 3198, was authored by Rep. Carl Newton (R-Cherokee) and co-sponsored by Worthen. The bill defines “harmful woody species” as any tree or shrub species that is rapidly encroaching into adjoining lands and is likely to cause harm to the environment or economy.