Southwest Oklahoma Legislative Update: Senate

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OKLAHOMA CITY After Gov. Kevin Stitt and legislative leaders reached a budget agreement for the upcoming fiscal year, the Senate launched an interactive budget website to give the public an in-depth look at the newly proposed state budget.

The comprehensive agreement proposes cutting taxes, investing in key infrastructure and strengthening Oklahoma’s business-friendly climate.

“This responsible budget plan delivers meaningful tax relief, reforms to our overly complicated tax code and makes critical investments in our state’s future,” said President Pro Tem Lonnie Paxton (R-Tuttle). “If approved by the House and Senate, we will deliver tax cuts that will put money back in the hands of hardworking Oklahomans and create a more competitive tax climate for job creators.

“We will also implement key worker’s comp and tort reform measures that will reduce frivolous lawsuits and make Oklahoma a more attractive place to do business. These are common-sense changes that help level the playing field and encourage growth, innovation and investments across our economy. Importantly, this budget, if approved, also makes targeted investments in critical needs across our state.

“These are foundational areas that ensure opportunity and prosperity for every Oklahoman, no matter where they live. I’m proud of the work the budget teams have done together to deliver a forward-looking budget that reflects our values and sets our state up for long-term success,” Paxton said in a press release from the governor’s office.

The Budget Transparency Dashboard, found at oksenate.gov/ appropriations, shows funding for individual state agencies and details about specific line items.

In other legislative action, the governor vetoed last week a public safety proposal, Senate Bill 631, authored by Paxton. The intent of the bill was to increase sentencing requirements for shooting into a home or business. Convicted persons would be required to serve at least 85% of their sentence before becoming eligible for parole.

Paxton said in a press release that Oklahomans have the right to feel safe in their homes and communities and the legislation was about protecting innocent people and sending a clear message of accountability.

In vetoing the measure, Stitt said, “Oklahoma already punishes discharging a firearm at or into a building as a felony with up to 20 years in prison. Mandating 85% of time for cases that may involve no victim senselessly increases the burden on our criminal justice system, raises incarceration costs, and limits opportunity for reform.”

In addition, Paxton co-sponsored three bills that became law without the governor’s signature last week. They are:

• House Bill 1512, which grants the Oklahoma Insurance Commissioner expanded authority to interact with the Patient Protection and Affordable Care Act. Specifically the new law empowers the insurance commissioner to implement, establish, create, administer or operate a health insurance exchange and apply federal waivers.

An exchange is defined as a state, federal or partnership health insurance marketplace operating in Oklahoma under the ACA. In addition, a new state-based exchange revolving fund will be established in the state treasury, which will be a continuous fund not subject to fiscal year limitations.

• HB 2369, known as the Marissa Murrow Act, will make several modifications to the state’s alcoholic beverage regulations. The measure is named after a college student killed by a drunk driver in a head-on collision in October 2020. The driver had been overserved alcohol at a wedding venue. Bartenders serving alcohol at event venues will now be required to hold a separate license.

In addition, bartenders will be required to undergo training to help identify customers that may have had too much alcohol to drink. All beer and wine served at an event venue must be served by an ABLE-licensed caterer or an event bartender licensee. The new Event Bartender License will be a $50 annual fee.

An average of nine Oklahomans lost their lives each week to substance impaired driving, according to Victims of Impaired Drivers, said a legislative press release.

• HB 2674 creates the Statewide Official Compensation Commission. The new commission will consist of the same people who make up the Board on Legislative Compensation and will set the salary for each of the following elected officials: governor, lieutenant governor, attorney general, state treasurer, state auditor and inspector, superintendent of public instruction, state insurance commissioner, commissioner of labor and members of the Oklahoma Corporation Commission. No salary would be set at an amount less than the salary in effect as of Jan. 1, 2025.

Sen. Brent Howard (R-Altus) co-sponsored two bills that were vetoed by the governor last week. They are:

• HB 2163, in which the governor said no to a new Public Access Counselor within the Oklahoma Attorney General’s Office to help resolve disputes involving open records requests. Anyone denied access to public records would be able to file a review request with the PAC within 30 days and explain the public body’s response to their original request.

“This bill grants the Attorney General sweeping and unchecked authority to access records from any state agency, board, commission or independently elected official – including confidential and privileged documents,” Stitt said in his veto remarks.

“That kind of power is unprecedented in Oklahoma and would undermine the balance of power among independently elected offices. Under this law, the Attorney General could demand internal records and attorney-client communications from agencies – even in cases where he is suing or investigating them. That creates a dangerous conflict of interest.

“Oklahomans have several effective tools to ensure transparency and accountability in government. Public records laws and the courts provide a neutral, fair process to review and resolve disputes over access to information. This bill bypasses that process and concentrates too much power in one office,” he said.

• HB 2131 sought to amend the state’s criminal procedure law regarding grand jury transcripts and related processes. It would have established strict limitations on the use and disclosure of grand jury transcripts.

“The Constitution guarantees our citizens the right to a fair and speedy trial,” the governor said in his veto remarks. “In order for a citizen of our country to have a fair, speedy trial, they need to have access to the documents and records used in court. Any attempt to thwart that flies in the face of what we believe as Oklahomans. The grand jury process is already abused for political ends. I won’t sign legislation that further weaponizes this process.”

Howard also co-sponsored one bill approved by the governor last week.

• HB 2619 creates the Foreign Litigation Funding Prevention Act and amends the state’s discovery statutes. Parties in a civil lawsuit will now be required to disclose and produce any commercial litigation funding agreements on request. Focus will be centered on identifying potential foreign financial involvement.

The measure defines a commercial litigation funder as any entity that enters into a contract to receive compensation based on the proceeds of a civil action. The only exception would be consumer litigation funders and attorneys working on contingency.

Four bills authored or co-sponsored by Howard became law last week without the governor’s signature.

They are:

• Senate Bill 83, which pertains to prisons and reformatories, and modifies elements of exemption to certain accounts, including inmate trust funds. In part, the measure will also update language and clarify provisions related to inmate wages, savings and financial management.

• SB 536, which pertains to county election boards and authorizes certain actions by an assistant secretary under specified circumstances. It amends state law pertaining to secretary and assistant secretary’s duties and clarifies 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. This measure was co-sponsored by Rep. Gerrid Kendrix (R-Altus).

• SB 607 pertains to the Oklahoma Evidence Code and will strengthen the legal framework related to domestic abuse cases. In part, statements made by victims of domestic abuse to a law enforcement officer within one week of the incident or on an application for a protective order within one week of the incident will be admissible in various legal proceedings.

• HB 2117 establishes the Uniform Collaborative Law Act, which is a structured alternative dispute resolution process encouraging lawyers and their parties to commit to resolving conflicts outside of court through a collaborative approach.

A collaborative law process is defined as a voluntary procedure where parties sign an agreement to work together to resolve a dispute. Each party will be represented by a specially designated collaborative lawyer.

Sen. Spencer Kern (R-Duncan) co-sponsored two bills approved by the governor last week. They are:

• SB 1077 is a fish and wildlife bill that will amend Oklahoma’s wildlife transportation laws by adding two new exceptions to existing regulations.

The first new exception would allow transportation of deceased, intact Cervidae (deer, elk or other species in the deer family) to a taxidermist in good standing with the Secretary of State. The second new exception would allow owners or operators of commercially licensed hunting facilities to transport Cervidae between instate hunting facilities without a permit from the Department of Wildlife Conservation.

Penalties for violating wildlife transportation regulations will remain the same, with potential fines between $50 and $200 and possible county jail time between 10 and 60 days.

• HB 1541 modifies the Oklahoma Agricultural Linked Deposit Program by expanding the definition of eligible agricultural businesses, including veterinary practices serving large animals and excludes medical marijuana growing operations from the list of alternative agricultural products.

The measure also increases the maximum linked deposit amount for at-risk farm or ranch operations from $350,000 to $1 million. In addition, it also increases the total amount the State Treasurer can invest in linked deposit programs from $225 million to $500 million.

More financial flexibility and support for agricultural businesses in Oklahoma is the goal of the new law. Provisions are in place to ensure careful review and appropriate use of linked deposit funds.

Sen. Kendal Sacchieri (R-Blanchard) also co-sponsored two bills approved by the governor last week. They are:

• HB 1205, which eliminates the state statute providing a tax credit for small wind turbines.

• HB 2818 expands protections for individuals using firearms in self-defense or for defensive purposes. It modifies several existing state statutes to remove mandatory minimum sentencing, eliminate handgun license revocation requirements and broaden the circumstances allowing individuals to legally point or display a firearm. Firearm pointing will be permitted in self-defense when defending property or during a defensive display, which is defined to include verbal warnings. It also expands the definition of situations where defensive force is justified, such as protecting oneself or property in homes, places of worship, businesses and other occupied premises.

The measure was also co-sponsored by Reps. Stacy Jo Adams (R-Duncan) and Gerrid Kendrix (R-Altus).

In addition, a bill co-sponsored by Sacchieri became law last week without the governor’s signature and is aimed at increasing transparency in the federal Department of Education guidelines for the Oklahoma State Department of Education.

HB 2151 creates the Federal Education Guidance Disclosure Act. It requires OSDE to publicly disclose online all guidance documents it receives from the U.S. Department of Education, ensuring that the public have access to the federal influence on state-level education decisions.

A guidance document is broadly defined as a federal agency statement of general applicability that refers to a policy or interpretation. It can include memorandums, notices, directives, bulletins, letters or no-action letters. The measure would exclude formal rules created through standard notice-and-comment procedures.

According to a legislative press release, the motion to file HB 2151 followed a May 2023 guidance document from the Biden administration, which cited Oklahoma City Public Schools in allegations of racial discrimination. This document, which raised concerns about the federal government’s overreach into local education matters, highlighted the urgent need for transparency in how federal agencies influence state education policies.

During legislative session, bills sent to the governor’s desk can become law without the governor’s signature provided no action, such as approval or veto, is taken within five days.