2021 SINE DIE

Presented by the Municipal League

Oklahoma Municipal League 201 N.E. 23rd Street, , OK 73105 (405) 528-7515 or (800) 324-6651 www.oml.org June 2021 51SINE DIE TABLE OF CONTENTS

Letter from the Director ...... i

The Legislative Department ...... iii

Sine Die – Report Format ...... v

Bill Number Index by Effective Date...... vi

Bills That May Impact Municipal Departments ...... 1

2021 Legislative Session Overview ...... 10

Effective Date of Bills Summary ...... 12

House Bills of Municipal Interest That Passed ...... 13

Senate Bills of Municipal Interest That Passed ...... 32

Bills Became Law Over Objection of Governor Stitt ...... 47

Legislation Vetoed by Governor Stitt ...... 48

2021 Legislative Interim Studies ...... 50

List of 2021 OML Legislative Committee Members ...... 51

List of Oklahoma Legislators, Email Addresses, and Phone Numbers ...... 52

Grass Roots Involvement Program Enrollment Form ...... 57

© 2021 Oklahoma Municipal League, Inc.

© 2021 Oklahoma Municipal League, Inc.

OKLAHOMA MUNICIPAL LEAGUE, INC. 201 N.E. 23rd Street  Oklahoma City OK 73105 405-528-7515  800-324-6651  405-528-7560 Fax

From the Desk of the Executive Director

This year’s session was one for the record books. It saw more than it’s fair share of excitement. After a decade of effort, we were successful in moving Public Safety District legislation across the finish line and signed by the Governor. This effort was truly a team effort and will provide an option for steady public safety funding for municipalities statewide. As we progressed through the COVID-19 outbreak the legislature responded with a number of COVID-19 derived pre-emption bills. While all had noble pursuits, many had unintended consequences for local governments. OML was successful at working with authors to modify and eliminate the local control issues in these bills. Other successes are outlined in this report ranging the spectrum from water and resource policy, marijuana law, and local governance to name a few.

The Sine Die is OML’s annual report featuring a legislative wrap-up of the bills that were enacted, defeated and vetoed. You will be able to access the full bill content in this report by clicking on the bill number. Sometimes the most challenging task is working to defeat bad legislation, but with your quick action alerting your legislators, OML was successful in doing just that on several pieces of legislation which are also included in this report. One of the most popular features of the Sine Die report continues to be the section that provides a breakdown by municipal department and the bills that may impact that department.

In an organization the size of the Oklahoma Municipal League, there will often be different views of issues by our members. One of the roles of the Legislative Committee is to direct the League in making decisions on issues and the course of action to take. This brings great weight and importance to this committee. All legislative committee recommendations are forwarded to the OML Board. As the policymakers of the League, the OML board will consider for approval the recommendations from the Legislative Committee. Thanks to our Chair Joan Riley and Vice Chair Jane Abraham as well as every member of the OML Legislative Committee; your tireless efforts and contributions this past session are valuable and much appreciated.

We will continue our efforts to communicate effectively with legislators, mayors, city managers, councilmembers, clerk-treasurers, and all other municipal officials to ensure continued success. It is important to stay in contact with your local legislators during the interim and continue to communicate the municipal message.

Together we provide a strong voice for Oklahoma municipalities. The number one ingredient for success at the legislature and state agencies is a united collective municipal voice. Thank you so much for your efforts to make this another successful legislative session.

Sincerely,

Mike Fina Executive Director

i © 2019 Oklahoma Municipal League, Inc.

ii © 2019 Oklahoma Municipal League, Inc.

LEGISLATIVE DEPARTMENT

Sue Ann Nicely Daniel McClure Deputy Director of Internal Operations Deputy General Counsel General Counsel Director of Government Services

Jamie Smith Legislative Specialist

iii © 2021 Oklahoma Municipal League, Inc.

iv © 2021 Oklahoma Municipal League, Inc.

SINE DIE – REPORT FORMAT

Welcome to the Oklahoma Municipal League Sine Die Report. This report is to serve as a summary document of the major issues tracked by the Oklahoma Municipal League during the First Regular Session of the 58th that impact cities and towns.

Sine Die is organized to identify and summarize those laws that impact Oklahoma’s cities and towns. This includes a section of bills that may impact municipal departments, as well as a report highlighting the 2021 Interim Studies requested by the legislature that may be of interest to municipalities.

Each bill summary includes the bill number, principal authors, a description of the bill, and the effective date. It also provides a link to the bill for you to access electronically.

Please note: The Sine Die Report is a summary of bills containing legal principles applicable to municipal operations. Like all such publications, it is not a substitute for legal advice. You should consult your city or town attorney prior to taking any action based on this document.

v © 2021 Oklahoma Municipal League, Inc.

BILL NUMBER INDEX BY EFFECTIVE DATE

Bills Effective Before July 1, 2021

HB 1121 Oklahoma Quality Events Act 04/19/21 14 HB 1876 Open Records/Personal Information 05/03/21 18 HB 2040 Broadband Deployment 05/28/21 19 HB 2238 Solicitation/Roadways 04/22/21 22 HB 2278 Firefighters Pension and Retirement System 04/21/21 22 HB 2296 Red River Boundary Commission 04/28/21 23 HB 2325 Law Enforcement/Escort Vehicles 05/03/21 24 HB 2382 Roads/Street Legal Utility Vehicle 04/28/21 24 HB 2457 Police Pension and Retirement System 04/28/21 24 HB 2508 State Military Forces/Regulations 04/13/21 25 HB 2545 State Military Regulations 04/21/21 25 HB 2645 Firearms/Events 05/03/21 25 HB 2674 Tobacco/Nicotine Products 05/28/21 26 HB 2896 Transportation Funding/8-Year Plan 05/24/21 29 HB 2928 Rural Broadband Expansion Council/ODOC 04/27/21 30 HB 2932 CARES Fund Act 05/03/21 47 HB 2951 State-Tribal Litigation Fund 05/24/21 31 SB 10 Law Enforcement/Speeding Tickets 04/19/21 32 SB 62 Military Strategic Planning Commission 04/07/21 33 SB 123 OMPA/Information Technology Consolidation Act 04/28/21 35 SB 347 Election Dates 05/05/21 37 SB 371 Unified State Law Enforcement Commission 04/20/21 38 SB 403 Municipal Operations/Disruption 04/21/21 38 SB 631 Firearms/Second Amendment Sanctuary State Act 04/26/21 39 SB 802 Rural Broadband Expansion Council/Tribal Member 04/27/21 41 SB 1013 Workers’ Compensation/Compliance Investigations 05/28/21 44 SB 1031 Open Meetings Virtual Meetings 02/10/21 44 SB 1033 Medical Marijuana/Retail Establishments 05/28/21 45 SB 1049 Utility Securitization/Unregulated Utilities 04/21/21 45 SB 1050 Utility Securitization/Regulated Utilities 04/21/21 45 SB 1057 REAL ID/Municipal Examiners 05/24/21 46 SB 1078 Tobacco Products 05/24/21 46

Bills Effective July 1, 2021

HB 1147 Architectural & Registered Interior Designers Act 07/01/21 15 HB 1236 Tenth Amendment/Political Subdivision 07/01/21 15 HB 1705 DEQ/Hazardous Waste 07/01/21 17 HB 2272 Medical Marijuana/Foreign Interests 07/01/21 22 HB 2292 Tobacco Products Tax Enhancement Act 07/01/21 23 HB 2316 2-1-1 Regulations 07/01/21 23 vi © 2021 Oklahoma Municipal League, Inc.

HB 2402 DEQ/Design Build Project 07/01/21 24 HB 2499 Police Pension and Retirement System 07/01/21 24 HB 2860 OK Remote Quality Jobs Incentive Act 07/01/21 27 HB 2893 Insurance Premium Tax/FF & Police Pensions 07/01/21 29 HB 2895 Transportation/ROADS Funding 07/01/21 29 HB 2946 Sales Tax Rebate/Broadband Equipment 07/01/21 30 HB 2949 Sales Tax Exemption/University Hospitals Trust 07/01/21 30 SB 38 Oklahoma Drug Court Act 07/01/21 33 SB 148 OUBCC 07/01/21 35 SB 330 Workers’ Comp/Self-Insurance Guaranty Fund 07/01/21 36 SB 368 Preemption/Religious Entities 07/01/21 38 SB 422 Sales Tax Exemption/Agriculture 07/01/21 38 SB 584 Preemption/Planned Parenthood 07/01/21 39 SB 789 OESC/Emergency Declarations 07/01/21 41

Bills Effective August 25, 2021

HB 1150 CIB/Plumbing License Law 08/25/21 15 HB 2902 Pay for Success Act 08/25/21 29 HB 2907 Master Irrigator Program 08/25/21 30 SB 1047 Mental Health Funding 08/25/21 45 SB 1081 Oklahoma Historical Society Funding 08/25/21 46

Bills Effective September 1, 2021

SB 913 Administrative Procedures Act 09/01/21 42

Bills Effective November 1, 2021

HB 1001 Scrap Metal Dealers/Sgt. Craig Johnson Metal Theft 11/01/21 13 HB 1022 Law Enforcement/Traffic Fines 11/01/21 13 HB 1026 Law Enforcement/CLEET/Technology Centers 11/01/21 13 HB 1029 Law Enforcement/Security Guard & Private Investigators Act 11/01/21 13 HB 1032 Homemade Food Freedom Act/Beekeeping 11/01/21 13 HB 1036 Counties/Sale of County Property 11/01/21 14 HB 1060 Sales Tax Exemptions/Corporations & Partnerships 11/01/21 14 HB 1093 OWRB/Watershed Trading 11/01/21 14 HB 1124 State Broadband Deployment Grant Program/ODOC 11/01/21 14 HB 1135 Law Enforcement/Trespass 11/01/21 15 HB 1566 Sales Tax Exemptions/Aquariums 11/01/21 15 HB 1620 Preemption/Agritourism 11/01/21 16 HB 1630 Firearms/Background Checks 11/01/21 16 HB 1643 Law Enforcement/Doxing 11/01/21 16 HB 1674 Law Enforcement/Disruption & Obstruction 11/01/21 16 HB 1684 Law Enforcement/Gambling 11/01/21 17 HB 1712 Transportation/Road User Charge Program 11/01/21 17 HB 1749 Counties/Nuisance Properties 11/01/21 17 vii © 2021 Oklahoma Municipal League, Inc.

HB 1770 Law Enforcement/Honking 11/01/21 17 HB 1789 Interlocal Cooperative Agreements 11/01/21 17 HB 1795 Driver License/Revocation 11/01/21 18 HB 1801 Schools/Emergency Medical Services 11/01/21 18 HB 1935 Sales Tax Exemption/Nonprofits 11/01/21 18 HB 1967 Law Enforcement/School Buses 11/01/21 19 HB 2026 Workers’ Compensation/Nursing Homes 11/01/21 19 HB 2028 Underground Facilities Act 11/01/21 19 HB 2049 Competitive Bidding Limits/Master Conservancy Dist. 11/01/21 19 HB 2053 Law Enforcement/Tires 11/01/21 20 HB 2054 Law Enforcement/Driving Lanes 11/01/21 20 HB 2079 Rural Economic Transportation Reliability and Optimization Fund 11/01/21 20 HB 2095 Law Enforcement/Unlawful Assemblies 11/01/21 20 HB 2182 Law Enforcement/Vehicle Towing 11/01/21 21 HB 2183 Driver Licenses/Examiners 11/01/21 21 HB 2193 Municipal Campaign Finance Disclosure 11/01/21 21 HB 2202 Law Enforcement/Vehicle Registration 11/01/21 21 HB 2225 Law Enforcement/Personal Property 11/01/21 21 HB 2234 DRIVE Act of 2021 11/01/21 21 HB 2236 Workers’ Compensation Fraud 11/01/21 22 HB 2295 Criminal Procedure/Personal Recognizance Bonds 11/01/21 23 HB 2311 Law Enforcement/Juveniles 11/01/21 23 HB 2317 Juveniles/Oversight 11/01/21 23 HB 2330 Water/Well Permits 11/01/21 24 HB 2506 Condemnation Procedures 11/01/21 24 HB 2511 ABLE/Products 11/01/21 25 HB 2546 Law Enforcement/Sexual Assault Victims 11/01/21 25 HB 2646 Medical Marijuana/Omnibus 11/01/21 26 HB 2648 Preemption/Religious Entities 11/01/21 26 HB 2687 Hospitals/No Patient Left Alone Act 11/01/21 26 HB 2746 Law Enforcement/Jury Duty 11/01/21 27 HB 2747 Police & Fire/Collective Bargaining Act 11/01/21 27 HB 2774 Law Enforcement/Immigration 11/01/21 27 HB 2780 Tax Commission/Refunds 11/01/21 27 HB 2861 At-Risk Construction 11/01/21 28 HB 2862 Public Construction Contracts/Competitive Bidding 11/01/21 28 HB 2873 Universal Licensing Recognition Act 11/01/21 28 HB 2874 Sales Tax Exemption Report/University Hospitals Trust Authority 11/01/21 28 HB 2877 Law Enforcement/Mental Health Transport 11/01/21 29 HB 2950 Ambulance Service Provider Fee 11/01/21 31 SB 3 Law Enforcement/Mental Health Transport 11/01/21 32 SB 16 Law Enforcement/Juveniles 11/01/21 32 SB 17 Law Enforcement/Domestic Violence 11/01/21 32 SB 28 Tort Claims Act/Political Subdivisions 11/01/21 33 SB 44 Law Enforcement/Failure to Appear 11/01/21 33 viii © 2021 Oklahoma Municipal League, Inc.

SB 50 Mental Health Court Program 11/01/21 33 SB 71 Local Development & Enterprise Zone Incentive Leverage Act 11/01/21 33 SB 87 Law Enforcement/Public Intoxication 11/01/21 34 SB 88 Public Trusts/Governance 11/01/21 34 SB 90 Public Notice/Affidavit of Publication 11/01/21 34 SB 91 Performance-Based Efficiency Contracts 11/01/21 34 SB 106 Firearms 11/01/21 34 SB 118 OMPA/Open Meetings and Records 11/01/21 34 SB 184 Electric-Assisted Bicycles 11/01/21 35 SB 242 Law Enforcement/CLEET 11/01/21 35 SB 246 DEQ/Air Curtain Incinerators 11/01/21 35 SB 265 Sales Tax Exemption/City-County Library Systems 11/01/21 35 SB 272 Law Enforcement/Telecommunications 11/01/21 35 SB 277 Public Nuisance/Contact Information 11/01/21 36 SB 281 Finance/Municipal Bonds 11/01/21 36 SB 283 DUI/Victims Impact Panel 11/01/21 36 SB 317 Electrical License Act 11/01/21 36 SB 335 Cemeteries 11/01/21 36 SB 343 Collections/Court Fines 11/01/21 37 SB 355 Peer-to-Peer Car Sharing 11/01/21 37 SB 361 Public Safety/Peer Support Counseling 11/01/27 37 SB 365 Public Safety Programs 11/01/21 37 SB 367 EMTs/Impaired Driving 11/01/21 37 SB 448 Solid Waste Management/Recycling Products 11/01/21 38 SB 549 Outdoor Advertising 11/01/21 39 SB 587 Finance/Pooled Finance Act 11/01/21 39 SB 600 DRIVE Act 11/01/21 39 SB 606 Local Development & Enterprise Zone Incentive Leverage Act 11/01/21 39 SB 646 Firearms/Alcohol Establishments 11/01/21 40 SB 659 Unmanned Aircraft Systems 11/01/21 40 SB 672 Firearms/Transporting 11/01/21 40 SB 687 9-1-1 11/01/21 40 SB 706 Preemption/Personal Delivery Devices 11/01/21 40 SB 736 City-County Health Departments 11/01/21 41 SB 794 OESC 11/01/21 41 SB 825 Finance/Public Safety & Government Purposes 11/01/21 41 SB 838 Public Safety Districts 11/01/21 41 SB 848 Law Enforcement/Peer Support 11/01/21 42 SB 862 Smoke Free Locations 11/01/21 42 SB 909 Sales Tax Exemption/Museums 11/01/21 42 SB 922 Invest in Oklahoma Act 11/01/21 42 SB 926 Firearms/Airsoft Pistols 11/01/21 43 SB 939 Nuisance/Critical Infrastructure 11/01/21 43 SB 947 Initiative & Referendum/Fiscal Impact 11/01/21 43 SB 958 Fire Protection Districts 11/01/21 43 ix © 2021 Oklahoma Municipal League, Inc.

SB 967 Tort Claims Act/Regional Transportation Authorities 11/01/21 43 SB 987 Law Enforcement/Child Abuse 11/01/21 43 SB 1006 McClellan-Kerr Arkansas River 11/01/21 44 SB 1015 Open Records/Self-Insured Pools 11/01/21 44 SB 1022 OWRB/Permits 11/01/21 44

Bills Effective January 1, 2022

HB 1062 Veterans/Homestead Exemptions 01/01/22 14 HB 1588 Sales Tax Exemption/Forestry Equipment 01/01/22 16 HB 2120 Insurance/Interlocal Entities 01/01/22 20

Bills Effective July 1, 2022

SB 79 Sales Tax Exemption/University Hospitals Trust 07/01/22 34

x © 2021 Oklahoma Municipal League, Inc.

MUNICIPAL EFFECTIVE BILL CONTENT IMPACT DEPARTMENTS DATE

Amends the Oklahoma Scrap Metal • Police HB 1001 11/01/21 Impacts law Dealers Act. enforcement

If a person pays their fines and cost but does not include a written plea of guilty • Municipal Attorney or nolo contender, it shall constitute a • Municipal Judges HB 1022 Impacts plea entered by the defendant and 11/01/21 • Police municipal courts function as a written and signed citation form acceptable to the court.

CLEET is allowed to utilize technology Impacts law • Police HB 1026 centers for law enforcement training for 11/01/21 enforcement students between 16 and 19 years old.

Creates the Homemade Food Freedom Act. Prohibits municipal corporations, • City Council counties, consolidated government, or Impacts • City Manager political subdivisions of this state to HB 1032 11/01/21 municipal • Mayor adopt or continue any rule, regulation, or operations • Planning and Zoning resolution prohibiting, impeding, or restricting honey sales or distribution in compliance with law.

• Code Enforcement Peace officers, government employees • EMS engaged in their duties, firefighters, Impacts • Firefighters HB 1135 emergency medical personnel, and public 11/01/21 municipal • Police utility employees are exempted from operations • Public Utilities trespassing laws.

Prohibits political subdivisions or any • City Council publicly funded organization from Preempts • City Manager HB 1236 implementing, adopting, or enforcing any 07/0121 municipal • Mayor federal action declared unconstitutional authority by the Court.

Adds a sales tax exemption for tickets to Potential • Finance HB 1566 an aquarium operated by a public trust. 11/01/21 revenue impact

Creates a sales tax exemption for forestry Potential • Finance HB 1588 01/01/22 equipment. revenue impact

1 © 2021 Oklahoma Municipal League, Inc. Prohibits municipalities from enacting or • City Council Preempts enforcing any ordinances, regulation or • City Manager HB 1620 11/01/21 municipal rule that bans the rights of Oklahomans • Mayor authority to engage in agritourism activities

• City Council Makes it illegal to use electronic • City Manager communication devices to knowingly Impacts personal • Clerk HB 1643 publish, post or make public personal 11/01/21 information • Mayor identifiable information of peace officers • Police or public officials.

Police officer has the duty to file a report Impacts law to the district attorney to see if an arrest 11/01/21 • Police HB 1684 enforcement warranted for certain gambling offenses

It is unlawful to throw objects or use a Impacts law • Police HB 1770 horn on anyone riding a bicycle, equine 11/01/21 enforcement or animal drawn vehicle.

• City Council Allows local governmental units to create Impacts • City Manager HB 1789 a purchasing cooperative or to contract 11/01/21 municipal • Finance with a purchasing cooperative. operations • Mayor Local emergency medical service • EMS providers and school boards shall Impacts • Firefighters HB 1801 coordinate and develop an Emergency 11/01/21 emergency • Police Action Plan for each school facility and medical services athletic practices.

• City Council Amends the Open Records Act to prevent • Clerk personal information for current and Impacts personal HB 1876 05/03/21 • City Manager former public employees from being information • Mayor open to public inspection or disclosure.

Creates a new sales tax exemption for nonprofits whose primary purpose is to Potential • Finance HB 1935 11/01/21 construct, remodel and sell affordable revenue impact housing.

Impacts law Requires a school bus driver to file a • Police HB 1967 11/01/21 enforcement report of a violation to law enforcement.

Law enforcement shall include the tread Impacts law • Police HB 2053 depth on the offending tire on the 11/01/21 enforcement citation.

2 © 2021 Oklahoma Municipal League, Inc.

Makes it unlawful to drive in the left lane • Police HB 2054 Impact law within the city limits of a municipality. 11/01/21 enforcement

Adds unlawful assemblies to the Impacts law • Police HB 2095 definition of racketeering activity. 11/01/21 enforcement

Authorizes towing of a vehicle left unattended on a street, sidewalk, alley Impacts law • Police HB 2182 and constitutes a hazard to the normal 11/01/21 enforcement movement of public transit along a rail fixed guideway Authorizes DPS to approve a municipal government agency to hire or employ Impacts law • Police HB 2183 third-party examiners for portions of 11/01/21 enforcement driving schools for Oklahoma’s driving examinations.

• City Council Amends the Municipal Campaign Finance Impacts • City Clerk HB 2193 Act by redefining “municipal office” to 11/01/21 municipal • Mayor mean any “elected municipal office”. officials

Law enforcement officers are not allowed to write a citation during the thirty-day Impacts law • Police HB 2202 period immediately succeeding the last 11/01/21 enforcement day of the month during which a vehicle registration should have been renewed.

Amends the disposal of personal property Impacts law • Police HB 2225 that comes into possession of the 11/01/21 enforcement municipal police department.

Persons shall not be prohibited from • City Council Impacts soliciting on a roadway maintained by a • City Manager HB 2238 04/22/21 municipal city or town in compliance with a permit • Mayor operations and regulations adopted by ordinance.

Alters distributions for individuals in the Impacts • Fire HB 2278 Firefighters Pension and Retirement 04/21/21 firefighter’s System. retirement

• City Council Impacts municipal authority to regulate Impacts • City Manager or permit drilling of domestic and HB 2330 11/01/21 municipal public • Mayor industrial water wells within and outside water supply its corporate limits.

3 © 2021 Oklahoma Municipal League, Inc. Authorizes “design build” as a delivery Impacts method for public water supply and • Public Works HB 2402 07/01/21 municipal public wastewater treatment facilities and water supply wastewater collection systems.

Alters distributions for individuals in the Impacts police • Police HB 2457 04/28/21 Police Pension and Retirement System. retirement

Amends Police Pension by altering Impacts police • Police HB 2499 authorized payments to the beneficiary’s 07/01/21 retirement estates or to a trust.

• City Council Alters the definition of a dilapidated Impacts • City Manager building by providing that the structure HB 2506 11/01/21 municipal • Code Officers was boarded and secured for more than operations • Mayor “six” consecutive months. Creates the Sexual Assault Victims’ Right Impacts law • Police HB 2546 11/01/21 to Information Act. enforcement

• City Council Impacts unlawful carry of a firearm in Impacts • City Manager property set aside by political HB 2645 05/13/21 municipal • Mayor subdivisions and public trusts for an operations • Parks and Rec event. Comprehensive bill amending several • City Council areas of marijuana law including various Impacts • City Manager license requirements, various fees, HB 2646 11/01/21 regulations and • Mayor record privacy, required information and zoning • Planning and Zoning reporting inspections, and setback for schools.

• City Council Preempts any governmental entity during Impacts • City Manager HB 2648 an emergency to close any place of 11/01/21 municipal • Mayor worship. operations

A municipal law enforcement officer Impacts law • Police HB 2746 employed by a city with a population of 11/01/21 enforcement 255,000 or more from serving as jurors.

Impacts police • Firefighter Amends collective bargaining election HB 2747 11/01/21 and fire • Police process for police and firefighters. bargaining

4 © 2021 Oklahoma Municipal League, Inc. Law enforcement has duties if they have custody of a person subject to an immigration detainer request including Impacts law • Police HB 2774 11/01/21 complying with the request, duties to enforcement informs the individual with exclusions for citizens of the U.S.

• City Council • City Manager Creates the Oklahoma Remote Quality Impacts HB 2860 07/01/21 • HR Jobs Incentive Act. workforce • Mayor

• City Council Impacts Increases public construction contracts • City Manager HB 2862 11/01/21 competitive from $50,000 to $100,000. • Mayor bidding

Impacts law enforcement mental health Impacts law • Police HB 2877 11/01/21 transport authorizing telemedicine. enforcement

Returns funding for the Firefighter and Impacts • Firefighters Police Pension Systems to the FY 20 HB 2893 07/01/21 firefighters and • Police funding level but cuts it for FY 23 through police retirement FY 27.

• City Council Appropriates $1,920,000 to the Pay for Potential • City Manager Success program to be utilized in equal HB 2902 08/25/21 revenue impact • Finance amounts for municipalities with a

• Mayor population of 350,000 or greater.

• City Council Impacts unlawful carry of a firearm in Impacts • City Manager property set aside by political HB 2946 05/13/21 municipal • Mayor subdivisions and public trusts for an operations • Parks and Rec event. Impacts law enforcement mental health Impacts law • Police SB 3 11/01/21 transport authorizing telemedicine. enforcement

Amends the duties of a law enforcement officer who has arrested a person on a • Municipal Attorney misdemeanor charge or a violation of a Impacts police • Municipal Judge SB 44 city ordinance, without a warrant. Also, if 11/01/21 and municipal • Police an individual can show that he/she was courts incarcerated than the “failure to appear” charge will be dismissed.

• Municipal Attorney Requires any criminal case to be cross- Impacts • Municipal Court Clerk SB 50 referenced to a mental health court case 11/01/21 municipal courts • Municipal Judge by the court clerk.

5 © 2021 Oklahoma Municipal League, Inc. • City Council • City Manager Amends the Local Development and Impacts local SB 71 11/01/21 • Finance Enterprise Zone Incentive Leverage Act. development • Mayor

• City Council Impacts • City Manager Creates a new sales tax exemption for the SB 79 07/01/22 municipal • Finance University Hospitals Trust. operations • Mayor

An intoxicated person in possession of controlled dangerous substances who consents to offered help may be taken to Impacts law • Police SB 87 11/01/21 drug treatment centers, centers for enforcement substance abuse evaluations or other facilities.

• City Council Impacts • City Manager Amends public trusts statutes impacting SB 88 11/01/21 municipal • Finance bonds. operations • Mayor

• City Council Creates method for calculating cost Impacts • City Manager SB 91 savings attributable to performance- 11/01/21 municipal • Mayor based efficiency contracts. operations

• City Council • City Manager Creates a new sales tax exemption for Potential SB 265 11/01/21 • Finance city-county library systems. revenue impact • Mayor

Creates new laws regulating law enforcement requests to wireless Impacts law • Police SB 272 telecommunication carriers to provide 11/01/21 enforcement call location information to respond to emergencies. Authorizes municipalities to collect • City Council information for emergency contacts and Impacts • City Manager property maintenance for addressing SB 277 11/01/21 municipal • Code Officers public nuisances, dilapidated properties, operations • Mayor or other unlawful conduct with their general police powers.

• City Council • City Managers Amends the investment grade obligations Potential SB 281 11/01/21 • Finance of municipal bonds. revenue impact • Mayor

6 © 2021 Oklahoma Municipal League, Inc. • City Council • City Manager Allows municipal court’s collection of • Clerk Potential SB 343 fines and costs to be collected via 11/01/21 • Finance revenue impact Oklahoma Tax Commission. • Municipal Court • Mayor

• City Council Preempts political subdivisions from Impacts • City Manager scheduling a regular or special election SB 347 05/05/21 municipal • Clerk conducted by a county election board elections • Mayor during certain dates.

Impacts • Emergency Medical Impacts peer support counseling for emergency Services critical incident stress management SB 361 11/01/21 medical service • Firefighters sessions for public safety or emergency providers and • Police services personnel. law enforcement

Creates the Oklahoma Distinguished Impacts law • Police SB 365 Meritorious Service Medals for serious 11/01/21 enforcement line of duty injuries for law enforcement.

Impacts • Emergency Medical Authorizes emergency medical emergency Services technicians and paramedics to withdraw SB 367 11/01/21 medical service • Firefighter blood to determine the concentration of providers and • Police alcohol or other intoxicating substances. law enforcement

• City Council Preempts governmental entities from Preempts • City Manager SB 368 declaring a religious institution and 07/01/21 municipal • Mayor certain activities as nonessential. authority

• City Council Makes it unlawful to willfully disturb, Impacts • City Manager SB 403 interfere or disrupt business of any 04/21/21 municipal • Clerk political subdivision. operations • Mayor

• City Council Impacts outdoor advertising’s relocation • City Manager Impacts SB 549 permit for municipalities with a 11/01/21 • Mayor municipal zoning population over 500,000. • Planning and Zoning Preempts a provider from being eligible • City Council Preempts for reimbursement via funding from any • City Manager funding for SB 584 political subdivision for a violation of 07/01/21 • Finance trafficking fetal federal or state law prohibiting trafficking • Mayor body parts in fetal body parts.

7 © 2021 Oklahoma Municipal League, Inc. Expands the definition of “eligible local government entity” and “infrastructure” Potential • Finance SB 587 11/01/21 in the Oklahoma Community Economic financial impact Development Pooled Finance Act.

• City Council Preempts political subdivisions from • City Manager Preempts local SB 631 infringing upon an individual’s Second 04/26/21 • Mayor authority Amendment rights. • Police

• City Council Amends the Oklahoma 9-1-1 • City Manager SB 687 11/01/21 Impacts 9-1-1 Management Authority in several ways. • 9-1-1

Authorizes personal delivery devices to • City Council operate on any sidewalk, crosswalk, road Impacts • City Manager or street of any county or municipality. SB 706 11/0121 municipal • Mayor Political subdivisions have the authority operations to prohibit operation of the devices in its jurisdiction.

• City Council Prohibits a municipality from redirecting Impacts • City Manager SB 825 all or a portion of a dedicated fund with 11/01/21 municipal • Finance the vote of the people. operations • Mayor

• City Council Potential • Firefighters Creates the Oklahoma Public Safety SB 838 11/01/21 revenue impact • Mayor Protection District Act. for public safety • Police Authorizes Dept of Mental Health to Impacts law • Emergency Medical contract for the purposes of providing enforcement, Service Providers peer support crisis intervention, emergency SB 848 11/01/21 • Firefighters counseling and wellness for law medical service • Police enforcement, firefighters, and emergency providers and medical personnel. firefighters

• City Council Expands smoke free locations by Impacts • City Manager SB 862 including trusts with the counties and 11/01/21 municipal • Code Officers municipalities as a beneficiary. operations • Mayor

• City Council • City Manager Creates a new sales tax exemption for Potential SB 909 11/01/21 • Finance museums. revenue impact • Mayor

8 © 2021 Oklahoma Municipal League, Inc. • City Council Creates an exception for critical Impacts • City Manager SB 939 infrastructure sectors from current law’s 11/01/21 municipal • Mayor nuisance authority. operations

Permits a fire protection district’s board Impacts • Emergency Medical of directors to acquire a certification or emergency Service Providers SB 958 license to operate an emergency medical 11/01/21 medical service • Firefighter services agency from the Department of providers and Health. firefighters

• City Council Impacts zoning • City Manager Amends the medical marijuana laws SB 1033 05/28/21 for marijuana • Mayor regarding setback from schools. businesses • Planning and Zoning

• Emergency Medical Appropriates money to support peer Service Providers support crisis intervention, connectivity Potential • Finance SB 1047 08/25/21 programs for law enforcement and revenue impact • Firefighters mental health and mobile crisis teams. • Police

Authorizes DPS to approve a municipal government agency to hire or employ Impacts law • Police SB 1057 third-party examiners for portions of 05/24/21 enforcement driving schools for Oklahoma’s driving examinations.

• City Council Appropriates money to the Oklahoma Potential • City Manager SB 1081 Historical Society to hire a grant writer 08/25/21 revenue impact • Mayor for Black Towns in Oklahoma.

9 © 2021 Oklahoma Municipal League, Inc. 2021 LEGISLATIVE SESSION OVERVIEW

The first session of the 58th Legislature began on February 1st with Governor presenting his State of the State address. Lawmakers were busy over the interim developing and filing a combined total of 3,051 pieces of legislation with nearly 500 of those being shell bills (an empty bill that may be used for legislation later). One theme this year appears to be municipal preemption in a multitude of areas, but specifically targeting municipal health powers because of municipal regulations throughout the COVID-19 pandemic.

The OML Legislative Committee and Board of Directors were very engaged in crafting several pieces of legislation to improve and strengthen municipal government. These topics include taxation reform, addressing public nuisances, marijuana policy, and interlocal collaboration efforts. As well as, preventing fraudulent tax-exempt purchases which deprive the state and local governments of millions of dollars each year. After many years, OML was successful in passing SB 838 by Sen. (R-Moore) and Rep. (R-Sand Springs). SB 838 gives municipalities the ability to send to the vote of the people the question of accessing ad valorem assessments for Public Safety Districts to provide funding to police, fire, and emergency medical services.

After sixty-seven (67) days, the House and Senate wrapped up the 1st Session of the 58th Legislature. Governor Kevin Stitt acted on almost 600 bills. Sine Die was declared before noon by both chambers on Thursday, the day before the Constitutional deadline. Speaker McCall notified the House that they will be back for Special Session later this year to address the Federal Redistricting plans and possibly interim studies, but for now, there is peace and stillness at 23rd and Lincoln.

10 © 2021 Oklahoma Municipal League, Inc.

Bills Successfully Stopped

OML continues to be recognized at the State Capitol as the unified voice of Oklahoma municipal governments in shaping policy and safeguarding local control. Throughout this session, there were numerous bills filed attempting to preempt local control and hinder municipal goals including sales tax exemptions, zoning preemptions, making tax increment financing more difficult, eminent domain, and limiting election dates. OML opposed 90 bills and nearly all of those we actively opposed were halted in the legislative process. Here are just a few that were successfully stopped:

HB 2335 by Rep. (R-Yukon) and Sen. Shane Jett (R-Shawnee) which prohibited any governmental entity from requiring any vaccination as well pursue any civil or criminal action against an individual who does not vaccinate their children. Due to OML’s concerns, Rep. Steagall worked with OML in good faith; calling a compromise to protect public safety personnel. The bill passed the House and the Senate Health and Human Services Committee, but the bill was never heard on the Senate floor.

HB 2466 by Representative Dick Lowe (R-Amber) and Sen. Mary Boren (D-Norman) which you received an alert about was not added to the House County and Municipal Government committee agenda during prior to the deadline. This bill would grant schools, technology centers, and county governments veto power over municipal TIF districts. This bill would be devastating for municipal economic development projects and prevent growth.

HB 2848 by Representative Sean Roberts (R-Hominy) was not heard in the Elections and Ethics committee. The bill would have limited the dates when a municipality could call an election by eliminating numerous election dates, as well as making municipal elections partisan.

SB 316 by Sen. (R-Adair) and Rep. Kevin McDugle (R-Tulsa) was laid over in the House Business & Commerce Committee. Rep. McDugle presented the bill in committee and then laid it over. The bill would have created home-based businesses without requiring a permit, license, variance, or other type of prior approval.

SB 682 by Sen. Greg McCortney (R-Ada) and Rep. Ross Ford (R-Broken Arrow) was defeated in the House Public Safety Committee by a vote of 4 to 5. This bill would have altered the composition of the Council on law Enforcement Education and Training by removing the municipal appointment and giving the county sheriff’s four (4) appointments on the board.

SB 994 by Sen. (R-Broken Arrow) and Rep. Kevin West (R-Moore) prohibited private property from being taken or damaged by a condemning authority unless the taking or damage is necessary for public use and with just compensation. The bill also amended the definitions of abandoned property and blighted property. While not opposed to the concept, the language of the bill may have created unintended consequences for municipalities. The bill was laid over in the House Judiciary – Civil Committee.

11 © 2021 Oklahoma Municipal League, Inc.

EFFECTIVE DATE OF BILLS

There are five ways that a bill can go into effect: If the measure has only an emergency clause, it will go into effect upon the Governor’s signature. However, if a bill has an effective date, the new law will go into effect on the date declared in the bill. If there is no effective date or emergency clause included, the law automatically becomes effective 90 days after Sine Die adjournment. If the bill has an effective date and an emergency clause (as do most appropriation measures) it will go into effect on the effective date. If the bill says, “not codified,” these sections of law do not require permanent inclusion in state statutes, such as appropriations sections or matters of a limited-time nature.

12 © 2021 Oklahoma Municipal League, Inc.

HOUSE BILLS OF MUNICIPAL INTEREST THAT PASSED

Scrap Metal Dealers/Sgt. Craig Johnson Metal Theft Act: HB 1001 by Rep. Carol Bush (R-Tulsa) and Sen. Chuck Hall (R-Perry) amends the Oklahoma Scrap Metal Dealers Act by adding/amending various definitions including “digital image”, “exempted seller”, “remote storage battery” and “scrap metal”. In addition, changes are made to record keeping requirements including digital images, a minor is defined as “under the age of 16”, the written declaration of ownership is enhanced, regulation for used motor vehicles in expanded, exemptions are added, and items forbidden for purchase are expanded including copper wire.

The bill goes into effect on November 1, 2021.

Law Enforcement/Traffic Fines: HB 1022 by Rep. (R-Lawton) and Sen. Darrell Weaver (R-Moore) amends 22 O.S. 1115,1A by impacting the citation form. This amendment provides that if the person pays the fines and costs but does not include a written plea of guilty or nolo contendere, the payment shall constitute a plea of nolo contendere entered by the defendant and shall function as a written, dated and signed citation form acceptable to the court.

The bill goes into effect on November 1, 2021.

Law Enforcement/CLEET/Technology Centers: HB 1026 by Rep. Rande Worthen (R-Lawton) and Sen. John Montgomery (R-Lawton) allows CLEET to use State sponsored technology center schools for additional law enforcement and criminal justice programs for teaching students between 16 and 19 years of age.

The bill goes into effect on November 1, 2021.

Law Enforcement/OK Security Guard and Private Investigator Act: HB 1029 by Rep. (R-Shawnee) and Sen. Darrell Weaver (R-Moore) amends the Oklahoma Security Guard and Private Investigator Act at 59 O.S. Section 1750.2 by altering the definition of “security guard”. Excluded from the definition of security guard is “active reserve” certified peace officers.

The bill goes into effect on November 1, 2021.

Homemade Food Freedom Act/Beekeeping: HB 1032 by Rep. (R-Edmond) and Sen. (R-Edmond) creates the Homemade Food Freedom Act by renaming the Home Bakery Act of 2013. It then amends the Act including creating and changing several definitions, adds an exemption from the Department of Agriculture licensing and other requirements, provides detailed regulations, authorizes the Health Department to investigate reported foodborne illness and authorizes the Department of Agriculture a degree of regulatory authority. Prohibits municipal corporations, counties, consolidated government, or political subdivisions of this state to adopt or continue any rule, regulation, or resolution prohibiting, impeding, or restricting honey sales or distribution in compliance with law.

The bill goes into effect on November 1, 2021.

13 © 2021 Oklahoma Municipal League, Inc.

Counties/Sale of County Property: HB 1036 by Rep. (R-Copan) and Sen. (R-Bartlesville) amends 19 O.S. 421.1 by exempting sales of equipment or materials by counties to any tribal government entity or other county or political subdivisions from the newspaper notice requirement and bid requirement. The board of county commissioners may, by resolution, enter into an agreement with these entities for the purpose of selling, transferring, trading or otherwise disposing of equipment or materials “at a price agreed upon by both governing bodies.”

The bill goes into effect on November 1, 2021.

Sales Tax Exemptions/Corporations and Partnerships: HB 1060 by Rep. (R-Marlow) and Sen. Lonnie Paxton (R-Tuttle) amends the sales tax exemptions for corporations and partnerships by providing that property transferred between wholly owned subsidiaries of a parent company and between a parent company and its wholly owned subsidiary is exempt from the sales tax in 68 O.S. 1350.

The bill goes into effect on November 1, 2021.

Veterans/Homestead Exemptions: HB 1062 by Rep. Brad Boles (R-Marlow) and Sen. Jessica Garvin (R-Duncan) provides that disabled veterans, his/her surviving spouse or the surviving spouse of a person who died while in the line of duty who occupies improvements that are affixed to real property with title held by a municipality or entity formed by the municipality, the improvements shall be considered the homestead of such disabled veteran/surviving spouse for purposes of the homestead exemption.

The bill goes into effect on January 1, 2022.

OWRB/Watershed Trading: HB 1093 by Rep. Dell Kerbs (R-Shawnee) and Sen. (R-Felt) authorizes the Oklahoma Water Resources Board to propose rulemaking to allow for the development of nutrient trading programs by state environmental agencies no later than November 1, 2026.

The bill goes into effect on November 1, 2021.

Oklahoma Quality Events Act: HB 1121 by Rep. (R-Tulsa) and Sen. Roger Thompson (R-Okemah) amends the Oklahoma Quality Events Act by extending the effective date of the Oklahoma Quality Events Incentive Act until June 30, 2026. It also creates a required “economic impact study” impacting various areas including “incremental sales tax revenue” including duties by the Oklahoma Tax Commission. In addition, 68 O.S. Section 4304 is amended impacting a host community by altering several time periods.

The bill went into effect April 19, 2021.

State Broadband Deployment Grant Program/Dept. of Commerce: HB 1124 by Rep. (R-Mounds) and Sen. (R-Bristow) is new law requiring the Oklahoma Department of Commerce with the participation and advice of the Rural Broadband Expansion Council to make rules and procedures to establish the State Broadband Deployment Grant 14 © 2021 Oklahoma Municipal League, Inc.

Program. This program, under the administration of the Department of Commerce, shall include development of a competitive grant program that awards funding to applicants seeking to expand access to broadband internet service in Oklahoma. This bill creates a fund for this grant.

The bill goes into effect on November 1, 2021.

Law Enforcement/Trespass: HB 1135 by Rep. (R-Okmulgee) and Sen. Zach Taylor (R-Seminole) amends 21 O.S. Section 1835 regarding trespass by exempting peace officers, government employees engaged in the performance of their duties, firefighters, emergency medical personnel or public utility employees.

The bill goes into effect on November 1, 2021.

State Architectural and Registered Interior Designers Act: HB 1147 by Rep. (R- Edmond) and Sen. Adam Pugh (R-Edmond) amends the State Architectural and Registered Interior Designers Act by re-creating the Board of Governors, establishing regulation for “registered commercial” interior design, including new definitions for “commercial interior design”, “nonstructural commercial interior construction” and “fire and life safety systems”. New law regulates registered commercial interior designers including technical submissions, excluding Fire and Life Safety Systems, for nonstructural interior construction for the Code Use Groups as defined and listed in 59 O.S. Section 46.21b.

The bill goes into effect on July 1, 2021.

CIB/Plumbing License Law: HB 1150 by Rep. Mike Osburn (R-Edmond) and Sen. Cody Rogers (R-Tulsa) grants the Construction Industries Board rulemaking over the Plumbing License Law of 1955, including, but not limited to, defining categories and limitations for such licenses.

The bill goes into effect on August 25, 2021.

Tenth Amendment/Political Subdivisions: HB 1236 by Speaker Charles McCall (R-Atoka) and Pro Tempore (R-OKC) authorizes the Oklahoma Attorney General to evaluate any action by the federal government, including but not limited to, executive orders by the President, rules or regulations of a federal agency or acts of Congress to determine if such actions are in violation of the Tenth Amendment. Among the provisions of this bill is the creation within the Office of Attorney General of a State Reserved Powers Protection Unit, a review by the Legislature with recommendations to the Attorney General and possible legal action by the Attorney General. Political Subdivisions or any publicly funded organization shall not implement, adopt, or enforce any federal action declared unconstitutional by a Court.

The bill goes into effect on July 1, 2021.

Sales Tax Exemption/Aquariums: HB 1566 by Rep. (R-Jenks) and Sen. Dave Rader (R-Tulsa) amends 68 O.S. Section s1354 by providing that the state tax collected from the sale of tickets for admission by an aquarium exempt from taxation or owned or operated by a public trustor political subdivision, shall be collected, and disbursed to the nonprofit organization,

15 © 2021 Oklahoma Municipal League, Inc.

public trust or political subdivision responsible for the aquarium's operations. These collected funds are to be used for promoting visitation primarily to out- of- state residents.

The bill goes into effect on November 1, 2021.

Sales Tax Exemption/Forestry Equipment: HB 1588 by Rep. Dustin Roberts (R-Durant) and Rep. Eddie Dempsey (R-Valliant) amends 68 O.S. 1357 relating to sales tax exemptions by creating a sales tax exemption for forestry equipment sold to businesses engaged in logging, timber, and tree farming until January of 2027.

The bill goes into effect on January 1, 2022.

Preemption/Agritourism: HB 1620 by Rep. Garry Mize (R-Edmond) and Sen. John Montgomery (R-Lawton) prohibits any county, municipality, state agency or political subdivision from enacting or enforcing any ordinance, regulation or rule that bans the rights of Oklahomans to engage in agritourism activities. Agritourism activities shall only be engaged in a lawful manner, pursuant to the Oklahoma Horse Racing Act and in compliance with the health and safety regulations, by the state and local governments.

The bill goes into effect on November 1, 2021.

Firearms/Background Checks: HB 1630 by Rep. David Hardin (R-Stilwell) and Sen. (R-Muskogee) amends various sections impacting firearms. This includes penalties, licenses, background checks and the like.

The bill goes into effect on November 1, 2021.

Law Enforcement/Doxing: HB 1643 by Rep. (R-Lane) and Rep. David Bullard (R-Durant) makes illegal the use of an electronic communication device to knowingly publish, post or otherwise make publicly available personally identifiable information of a peace officer or public official and as a result places this individual in reasonable fear of death or serious bodily injury. In addition, peace officers may request the county assessor that personal information not be made publicly available on the Internet but be kept in a secure location at the office of the county assessor.

The bill goes into effect on November 1, 2021.

Law Enforcement/Disruption and Obstruction: HB 1674 by Rep. Kevin West (R-Moore) and Sen. (R-Norman) is new law providing that a motor vehicle operator shall not be criminally or civilly liable for injury or death if he/she unintentionally causes injury or death to an individual while the driver was fleeing from a riot. An organization found to be a conspirator with a person found to have committed crimes in 21 O.S. Sections 1311 through 1320.5 and 1320.10 shall be punished by a fine ten times the amount of fine authorized by the appropriate provision.

The bill goes into effect on November 1, 2021.

16 © 2021 Oklahoma Municipal League, Inc.

Law Enforcement/Gambling: HB 1684 by Rep. (R-Wilburton) and Sen. Bill Coleman (R-Ponca City) amends 21 O.S. Section 974 adding to the duty of a police officer to file a report to the district attorney to see if an arrest is warranted for certain gambling offenses.

The bill goes into effect on November 1, 2021.

DEQ/Hazardous Waste: HB 1705 by Rep. Carl Newton (R-Woodward) and Sen. Casey Murdock (R-Felt) removes from the authority of the Department of Environmental Quality (DEQ) requiring and approving or disapproving disposal plans from all persons generating hazardous waste or shipping hazardous waste. Changes are also made to various DEQ fees.

The bill goes into effect on July 1, 2021.

Transportation/Road User Charge Program: HB 1712 by Rep. Brian Hill (R-Mustang) and Sen. (R-Broken Arrow) is new law creating the Oklahoma Road User Charge Program for revenue for the purpose of maintaining and improving Oklahoma’s roads, highways, and bridges. This is funded by motorists paying for the use of the roadway network based on the distance they travel. A Task Force is created to continue until June 30, 2024, to be chaired by the Executive Director of the Department of Transportation. A report with recommendations is due to the Legislature by December 31, 2023.

The bill goes into effect on November 1, 2021.

Counties/Nuisance Properties: HB 1749 by Rep. (R-Yukon) and Sen. Lonnie Paxton (R-Tuttle) amends 68 O.S. Section 3129 impacting the county treasurer sale of real estate by creating an exception for “common area nuisance property” and providing detailed procedures for this property. Examples include greenbelts, common areas, easements, retention ponds and detention ponds if transference of ownership to either the county or a third party would cause a hardship to the neighborhood or subdivision these areas were meant to serve or to the county or third party. The bill contains definitions and details including nuisance property that has liens from a municipality.

The bill goes into effect on November 1, 2021.

Law Enforcement/Honking: HB 1770 by Rep. Mike Dobrinski (R-Okeene) and Sen. Darrell Weaver (R-Moore) is new law which provides exceptions for bicyclists at traffic-control devices. This includes a new definition of “immediate hazard”, applicable hand signals for bicyclists, new crimes for throwing objects at any person riding a bicycle, equine or animal-drawn vehicle and a prohibition of motorists use of his/her horn.

The bill goes into effect on November 1, 2021.

Interlocal Cooperative Agreements: HB 1789 by Rep. (R-Altus) and Sen. Brent Howard (R-Altus) amends 61 O.S. Section 103 providing local governmental units or local governmental units cooperating under any interlocal cooperative agreement may create a purchasing cooperative or to contract with a purchasing cooperative. Any such cooperative or interlocal cooperative entity may utilize a single legal newspaper to serve as the sufficient 17 © 2021 Oklahoma Municipal League, Inc.

compliance for bid notice requirements of competitive bidding or solicitation of bids. If the purchasing cooperative or interlocal cooperative is engaging in a project exclusive to a county or a group of counties of this state, and not open to all governmental units or public trusts that wish to participate statewide, the bid notice shall be published in a legal newspaper located within the county or group of counties.

The bill goes into effect on November 1, 2021.

Driver License/Revocation: HB 1795 by Rep. Nicole Miller (R-Edmond) and Sen. (R- Porter) amends various sections of Title 47 including Section 6-107.1 impacting municipal court in notification to the Department of Public Safety. Changes include alteration of the period for canceling or denying driving privileges. The bill provides for canceling or denying driving privileges for a “period of 6 months for the first offense or a period of 1 year for a subsequent offense”. Section 6-205 is altered to allow a person whose driving privileges are or have been canceled or denied filing a petition for relief in district court based upon error or hardship. In addition, changes are made to 47 O.S. Sections 6-206 and 6-212 impacting the suspension and revocation of driver licenses including convictions in other states, duties of the Department of Public Safety, payment plans, provisional licenses, fees, and fines.

The bill goes into effect on November 1, 2021.

Schools/Emergency Medical Services: HB 1801 by Rep. (R-Newcastle) and Sen. Brenda Stanley (R-Midwest City) requires school boards, beginning 2021-2022, to coordinate with local emergency medical services (EMS) providers to develop an Emergency Action Plan for each school facility and athletic practices. The Emergency Action Plan shall include maps and directions with appropriate contact information for EMS, assign a medical administrator who is a current school employee, define responsibilities, include a list of medical equipment available, be posted in each facility, and be distributed to all school officials involved in athletic activities. The Emergency Action Plan must be rehearsed annually with school officials and EMS. It is required to be updated to reflect any potential significant change that would affect the implementation of the plan. Prior to each athletic event or activity, the plan must be digitally transmitted to the visiting school administrator or coach or posted on the school’s website.

The bill goes into effect on November 1, 2021.

Open Records/Personal Information: HB 1876 by Rep. (R-Bethany) and Sen. Brenda Stanley (R-Midwest City) amends the Open Records Act by providing that home addresses, home telephone numbers, social security numbers, private email addresses, and private mobile phone numbers of current and former public employees shall not be open to public inspection or disclosure.

This bill went into effect on May 3, 2021.

Sales Tax Exemption/Nonprofits: HB 1935 by Rep. Ryan Martinez (R-Edmond) and Sen. John Montgomery (R-Lawton) adds a sales tax exemption for sales of supplies and materials to tax exempt Section 501(c)(3) organizations whose primary purpose is to construct or remodel and sell affordable housing and provide homeownership education to residents as defined in the bill.

18 © 2021 Oklahoma Municipal League, Inc.

In addition, a new sales tax exemption is added for sales to a nonprofit entity, with the principal function to help natural persons following a disaster, with emphasis on repair or restoration to single-family residential dwellings or the construction of replacement single-family residential dwellings.

The bill goes into effect on November 1, 2021.

Law Enforcement/School Buses: HB 1967 by Rep. Jadine Nollan (R-Sand Springs) and Sen. Dewayne Pemberton (R-Muskogee) amends 47 O.S. Section 11-705 by requiring a school bus driver who witnesses a violation of this section, “on or before the end of the next business day following the alleged offense, to report the violation to law enforcement.

The bill goes into effect on November 1, 2021.

Workers’ Compensation/Nursing Homes: HB 2026 by Rep. Terry O'Donnell (R-Catoosa) and Sen. Julie Daniels (R-Bartlesville) amends the Workers’ Compensation Act altering who is not an “employee”. Current law in 85A O.S. Section 2 states “this division shall not be construed to include nursing homes”.

The bill goes into effect on November 1, 2021.

Underground Facilities Act: HB 2028 by Rep. Terry O’Donnell (R-Catoosa) and Sen. (R-Spiro) amends 63 O.S. Sections 142.6, 142.9 and 142.10 regulating an excavator with knowledge that an operator has unmarked “hydrocarbon and hazardous liquids” underground facilities within the area of proposed excavation. Amendments include revised procedures, a definition of “actual knowledge”, notifying the notification center, expiration dates for notice, provisions for any state of emergency declared by the Governor or Legislature.

The bill goes into effect on November 1, 2021.

Broadband Deployment: HB 2040 by Speaker Charles McCall (R-Atoka) and Sen. James Leewright (R-Bristow) amends the Oklahoma Telecommunications Act. New and amended definitions in 17 O.S. Section 139.102 include “broadband”, “eligible entity”, “high speed internet access service” or “broadband service”, “served area”, “underserved area”, “unserved area”, and “wireless Internet service provider” or “WISP”. Section 139.202, as last amended by Section 1 of Enrolled Senate Bill 802 of the 1st Session of the 58th Oklahoma Legislature, alters the newly created Rural Broadband Expansion Council by creating an exception for legislators impacting the Council’s chair “or co-chair”. Additionally, on or before October 31, 2021, the Council shall develop a set of broadband incentive award guidelines for recommendation to the State Legislature including a weighted approach and recommending necessary controls.

The bill went into effect on May 28, 2021.

Competitive Bidding Limits/Master Conservancy Districts: HB 2049 by Speaker Charles McCall (R-Atoka) and Sen. Frank Simpson (R-Ardmore) amends the bidding requirements for master conservancy districts by increasing the bid limit from Fifty Thousand Dollars ($50,000) to One Hundred Thousand Dollars ($100,000). 19 © 2021 Oklahoma Municipal League, Inc.

The bill goes into effect on November 1, 2021.

Law Enforcement/Tires: HB 2053 by Speaker Charles McCall (R-Atoka) and Sen. Rob Standridge (R-Norman) amends Title 47 impacting an officer issuing a citation for tires in use on a vehicle that is in an unsafe operating condition, or a certain tread depth as indicated in the bill. The officer shall include the tread depth of the offending tire on the citation.

The bill goes into effect on November 1, 2021.

Law Enforcement/Driving Lanes: HB 2054 by Speaker Charles McCall (R-Atoka) and Sen. Rob Standridge (R-Norman) amends 47 O.S. Section 11-309 impacting the prohibition on driving in the left lane of a roadway. Now prohibited is driving in the left lane of a roadway within the city limits of a municipality “or upon a county road” as long as such roadway is not part of the National System of Interstate and Defense Highways “or a turnpike”.

The bill goes into effect on November 1, 2021.

Rural Economic Transportation Reliability and Optimization Fund: HB 2079 by Speaker Charles McCall (R-Atoka) and Sen. Marty Quinn (R-Claremore) is new law establishing the Rural Economic Transportation Reliability and Optimization Fund, to be administered by the Oklahoma Department of Transportation. Monies appropriated to this Fund shall not result in a decrease in historic and traditional total state transportation funding levels or be used to supplant or replace existing state funds used for transportation purposes. The Board of Equalization is given duties to examine and investigate the funding levels including required reports. The Fund is used to assist in the equitable prioritization of construction, repair, and maintenance of state highways in rural areas where robust economic development has resulted in traffic safety and circulation difficulties. “Robust economic development” is defined as counties with a population of less than 50,000 where traffic volumes have increased to become so impaired or hazardous as to constitute a threat to the safety of persons or property.

The bill goes into effect on November 1, 2021.

Law Enforcement/Unlawful Assemblies: HB 2095 by Rep. (R-Claremore) and Sen. Julie Daniels (R-Bartlesville) amends 22 O.S. Section 1402 adding unlawful assemblies pursuant to 21 O.S. Section 1320.3 to the definition of racketeering activity.

The bill goes into effect on November 1, 2021.

Insurance/Interlocal Entities: HB 2120 by Rep. Marcuse McEntire (R-Duncan) and Sen. John Montgomery (R-Lawton) amends 36 O.S. Section 607.1 impacting an Interlocal Entity that insures an Oklahoma educational institution. Changes are made to current law and new law regulates any insurer that the Insurance Commissioner has “substantial evidence” to believe is insolvent or the condition of the insurer renders the continuance of its business hazardous to the public or to holders of its policies or certificates of insurance or if an insurer has exceeded its powers or fails to comply with laws of this state.

The bill goes into effect on January 1, 2022. 20 © 2021 Oklahoma Municipal League, Inc.

Law Enforcement/Vehicle Towing: HB 2182 by Rep. (R-Ada) and Sen. Rob Standridge (R-Norman) amends 47 O.S. Section 955 authorizes towing a vehicle left unattended on a street, sidewalk, alley, or thoroughfare, and constitutes a hazard or obstruction to the normal movement of public transit along a rail fixed guideway.

The bill goes into effect on November 1, 2021.

Driver Licenses/Examiners: HB 2183 by Rep. Ronny Johns (R-Ada) and Sen. Rob Standridge (R- Norman) amends 47 O.S. Section 6-110 by authorizing the Commissioner of Public Safety to approve a “public transit agency or state, county or municipal government agency” to hire or employ designated examiners approved by the Department to be third-party examiners of the Class A, B or C driving skills portion of the Oklahoma driving examination.

The bill goes into effect on November 1, 2021.

Municipal Campaign and Finance Disclosure: HB 2193 by Rep. (R-Edmond) and Sen. Micheal Bergstrom (R-Adair) amends the Municipal Campaign Finance Act by redefining “municipal office” to mean any elective municipal office “established under state or municipal law”.

The bill goes into effect on November 1, 2021.

Law Enforcement/Vehicle Registration: HB 2202 by Rep. Max Wolfley (R-OKC) and Sen. Nathan Dahm (R-Broken Arrow) amends the Oklahoma Vehicle License and Registration Act impacting operating a vehicle without proper license plate or decal on which all taxes due have not been paid. No citation may be issued by any law enforcement officer during the thirty-day period immediately succeeding the last day of the month during which a vehicle registration should have been renewed and a current license plate decal obtained and displayed on the license plate of the vehicle.

The bill goes into effect on November 1, 2021.

Law Enforcement/Personal Property: HB 2225 by Rep. Anthony Moore (R-Clinton) and Sen. Darrell Weaver (R-Moore) amends 11 O.S. Section 34-104 regarding disposal of personal property or money or legal tender which has come into the possession of the “municipal police department”. Current law states in the possession of the “chief of police”. Also, authorization of current law’s “charter” is removed, and “ordinances” of the municipality are substituted. Among the changes is notice to the property owner, requiring a court to determine the property is no longer needed to be held as evidence of for any purpose in connection to litigation, requiring the municipality, not the police chief to file a district court application to conduct a sale, as well as additional procedures for court action, plus notice requirements by the municipality.

The bill goes into effect on November 1, 2021.

DRIVE Act of 2021: HB 2234 by Rep. (R-Depew) and Sen. Zack Taylor (R-Seminole) is new law creating the Driving on Road Infrastructure and Vehicle of Electricity (DRIVE) Act of 2021. The bill contains details definitions, and a tax is imposed of $0.03 per kilowatt hour or its

21 © 2021 Oklahoma Municipal League, Inc.

equivalent, as determined by the Tax Commission on the electric current used to charge or recharge the battery or batteries of an electric vehicle to generate revenue for general government expenditures. Regulations include requirements for charging station operators, procedures for remitting the tax, exemptions from tax, apportionment of the tax and the like. There are also duties for the Oklahoma Corporation Commission. Exempted from tax levied via 68 O.S. Section 1355 are sales of electricity at charging stations when sold for purposes of charging an electric vehicle.

The bill goes into effect on November 1, 2021.

Workers’ Compensation Fraud: HB 2236 by Rep. (R-Broken Arrow) and Sen. Darrell Weaver (R-Moore) creates a felony for a person receiving temporary total disability benefits who fails to report “any earned” income to an employer, insurance carrier, or third-party administrator.

The bill goes into effect on November 1, 2021.

Solicitation/Roadways: HB 2238 by Rep. Stan May (R-Broken Arrow) and Sen. Dave Rader (R- Tulsa) amends 47 O.S. Section 11-507 by providing those persons shall not be prohibited from soliciting if performed on a roadway maintained by a city or town in compliance with a permit and regulations adopted by ordinance.

The bill went into effect on April 22, 2021.

Medical Marijuana/Foreign Interests: HB 2272 by Rep. Josh West (R-Grove) and Sen. Casey Murdock (R-Felt) amends 63 O.S. Section 427.15 impacting any applicant seeking licensure as a medical marijuana dispensary, processor, or commercial grower. These license applicants shall be required to attest under penalty of perjury to any foreign financial interest in the medical marijuana business operation and shall disclose the identity of such ownership, if applicable. Failure to file such attestation within the sixty (60) day period shall result in the immediate revocation of the medical marijuana business license. Beginning September 1, 2021, OMMA shall schedule on-site meetings and compliance inspections of the premises with the dispensary licensee at the location of the medical marijuana dispensary, the medical marijuana commercial grower at the location of the grower site and the medical marijuana processor at the location of the medical marijuana processing site. The on-site meetings shall occur within one hundred eighty (180) days after issuance of their medical marijuana license for the purposes of verifying whether the medical marijuana business licensee is actively operating or is working towards operational status. If these businesses fail to provide, they are actively operating or trying to operate after two one hundred eighty (180) day grace periods, their licenses shall be terminated.

The bill goes into effect on July 1, 2021.

Firefighters Pension and Retirement System: HB 2278 by Rep. Josh West (R-Grove) and Sen. (R-OKC) amends the Firefighter Pension System by altering distributions under 11 O.S. Sections 49-106 and 49-106.1. Provision is made for distributions for individuals seventy and a half (70 ½) years and those at age seventy-two (72) years old.

22 © 2021 Oklahoma Municipal League, Inc.

The bill went into effect on April 21, 2021.

Tobacco Products Tax Enhancement Act: HB 2292 by Rep. Dustin Roberts (R-Durant) and Sen. David Bullard (R-Durant) is new law creating the Tobacco Products Tax Enforcement Act of 2021 which creates an Enforcement Unit including duties and requirements. New language includes the excise tax imposed via 68 O.S. Section 400, impacting electric filing by wholesalers, tax reports, procedures for tax collection, requirements for retailers and duties for the Tax Commission. Changes are made to various Sections of Title 68 including requirements for wholesalers, increased penalties, seizure of vehicles used in avoidance of tax, repeal of some sections of law and the like.

The bill goes into effect on July 1, 2021.

Criminal Procedure/Personal Recognizance Bond: HB 2295 by Rep. Dustin Roberts (R-Durant) and Sen. James Leewright (R-Bristow) amends criminal procedure in several sections of Title 22 including bailable offenses and personal recognizance bonds, pretrial release, forfeiture proceedings and the like.

The bill goes into effect on November 1, 2021.

Red River Boundary Commission: HB 2296 by Rep. Dustin Roberts (R-Durant) and Sen. David Bullard (R-Durant) is new law creating the Red River Boundary Commission to work with the State of to redraw the boundary line between Oklahoma and Texas in the Texoma Area.

The bill went into effect on April 28, 2021.

Law Enforcement/Juveniles: HB 2311 by Rep. (R-Sapulpa) and Sen. John Haste (R-Broken Arrow) amends various sections of Title 10A impacting detention of juveniles in adult facilities, juveniles sentenced as adults, prohibitions, and exceptions, required process, findings and factors for the court and the like.

The bill goes into effect on November 1, 2021.

2-1-1 Regulations: HB 2316 by Rep. Mark Lawson (R-Sapulpa) and Sen. Dave Rader (R-Tulsa) amends the 2-1-1 Coordinating Council to the 2-1-1 Collaborative. The Collaborative is designated as the state lead entity on all 2-1-1 call centers including certifying information and referral providers. The bill provides details on the membership of the Collaborative, by-laws to govern its operations, minimum required meetings, reporting requirements and the like.

The bill goes into effect on July 1, 2021.

Juveniles/Oversight: HB 2317 by Rep. Mark Lawson (R-Sapulpa) and Sen. John Haste (R-Broken Arrow) is new law requiring the Oklahoma Commission on Children and Youth to administer a grievance process to be utilized by children detained in an adult jail, adult lockup, adult detention or other adult facility. The process is available at any time prior to and after adjudication or conviction or during his or her incarceration. The Office of Juvenile System Oversight is given duties to investigate complaints and rulemaking authority. 23 © 2021 Oklahoma Municipal League, Inc.

The bill goes into effect on November 1, 2021.

Law Enforcement/Escort Vehicles: HB 2325 by Rep. Avery Frix (R-Muskogee) and Sen. Micheal Bergstrom (R-Adair) amends 47 O.S. Section 14-120.1 providing that escort vehicle requirements shall not apply to retail implement dealers transporting farm implements from a retail distribution point to a farm or other location within a 150 air-mile radius from the distribution point.

The bill went into effect on May 3, 2021.

Water/Well Permits: HB 2330 by Rep. Jay Steagall (R-Yukon) and Sen. Paul Rosino (R-OKC) amends 82 O.S. Section 1020.21 impacting municipal authority to regulate or permit drilling of domestic and industrial water wells within its corporate limits. The bill adds the wells may be located within municipal “corporate” limits or “outside the corporate limits”.

The bill goes into effect on November 1, 2021.

Roads/Street Legal Utility Vehicle: HB 2382 by Rep. (R-Tecumseh) and Sen. Darrell Weaver (R-Moore) is new law creating a definition and regulation for a “street-legal utility vehicle”. Several sections of Title 47 are amended accordingly.

The bill went into effect on April 28, 2021.

DEQ/Design Build Projects: HB 2402 by Rep. (R-Cordell) and Sen. (R- Kingfisher) is new law authorizing “design-build” as a project delivery method for public water supply and wastewater treatment facilities and wastewater collection systems. Rulemaking by the Department of Environmental Quality is authorized as well as utilizing not more than five (5) pilot programs.

The bill goes into effect on July 1, 2021.

Police Pension and Retirement System: HB 2457 by Rep. Mark Lepak (R-Claremore) and Sen. Marty Quinn (R-Claremore) amends the Police Pension System impacting the commencement of distribution of an accrued retirement benefit. New provision is made for a member who attains age seventy and one-half (70 ½) years old and age seventy-two (72).

The bill went into effect on April 28, 2021.

Police Pension and Retirement System: HB 2499 by Rep. (R-Vinita) and Sen. Micheal Bergstrom (R-Adair) amends the Police Pension Act by altering authorized payments including to the beneficiary’s estate or to a trust.

The bill goes into effect on July 1, 2021.

Condemnation Procedures: HB 2506 by Rep. Chis Kannady (R-OKC) and Sen. Mark Allen (R- Spiro) alters the definition of a dilapidated building by providing that the structure was boarded

24 © 2021 Oklahoma Municipal League, Inc.

and secured for more than “six” consecutive months. Current law is for more than “eighteen” months.

The bill goes into effect on November 1, 2021.

State Military Forces/Regulations: HB 2508 by Rep. (R-OKC) and Sen. Frank Simpson (R-Ardmore) amends various aspects of state military forces. This includes amendments to 44 O.S. Section 209 providing that all officers and employees of the state or political subdivisions who are not members of the state military forces shall be entitled to leave of absence from regular employment, without loss of status or efficiency rating, when details as a military trial judge or when serving as an appellate military judge with regular pay. Law enforcement agencies conducting a criminal investigation is prohibited from disclosing information unless the disclosure is necessary to gather information and evidence. An exception is created in 51 O.S. Section 155 for a loss or claim from activities of state military forces when on state active duty or on Title 32 active-duty orders. In addition, amendments are made to 72 O.S. Section 48 expanding pay for officers and employees called to active or inactive duty.

The bill went into effect on April 13, 2021.

ABLE/Vapor Products: HB 2511 by Rep. Chris Kannady (R-OKC) and Sen. Brent Howard (R- Altus) is new law requiring every manufacturer of a vapor product to execute an attestation under penalty of perjury to the Oklahoma Alcoholic Beverage Laws Commission. The bill includes certification requirements and development of a directory.

The bill goes into effect on November 1, 2021.

State Military Regulations: HB 2545 by Rep. Ty Burns (R-Morrison) and Sen. Frank Simpson (R- Ardmore) is new law creating the Oklahoma Uniformed Services Employment and Reemployment Rights Act applicable to members of the state military forces while serving on state active duty or Title 32 active duty. The bill contains several provisions including definitions, employer prohibitions including anti-discrimination, reemployment rights with exceptions, employer required procedures and reporting requirements, medical plan coverage, duties by the Commissioner of Labor and the like.

The bill went into effect on April 21, 2021.

Law Enforcement/Sexual Assault Victims: HB 2546 by Rep. (D-OKC) and Sen. (D-OKC) is new law creating the Sexual Assault Victims’ Right to Information Act impacting advocates, duties for medical facilities and law enforcement officers, information rights for victims including evidence and police reports and the like.

The bill goes into effect on November 1, 2021.

Firearms/Events: HB 2645 by Rep. (R-OKC) and Sen. Micheal Bergstrom (R-Adair) amends 21 O.S. Section 1277 impacting unlawful carry of a “firearm” in property set aside by political subdivisions and public trusts for an event that is secured with minimum-security provisions including specific security fences, controlled access points and metal detectors. 25 © 2021 Oklahoma Municipal League, Inc.

Provision is also made for public property set aside temporarily for an event without minimum- security provisions, provided, the carry of firearms with said permitted event area shall be limited to concealed carry of a handgun unless otherwise authorized by the holder of the event permit.

The bill went into effect on May 13, 2021.

Medical Marijuana/Omnibus: HB 2646 by Rep. Jon Echols (R-OKC) and Sen. Zack Taylor (R- Seminole) is a comprehensive bill amending a number of areas of marijuana law including various licensing requirements, various fees, record privacy, required information and reporting, inspections, penalty provisions, schools within one thousand (1,000) feet of disposal facilities and the like. It provides if a dispensary met statutory requirements at its initial licensure, it may continue operating in the same manner, and not be subject to nonrenewal or revocation despite subsequent events or changes in regulations that would render it in violation by being within one thousand (1,000) feet of a public or private school. If a school is established within one thousand (1,000) feet of a dispensary after it has been licensed, it is not a deterrent to license renewal nor warrant revocation of the license. The one thousand (1,000) feet is measured from the nearest property line of the public or private school and the nearest perimeter wall of the licensed dispensary. A public or private school shall not include administrative buildings, athletic facility, ballpark, field, or stadium, unless the property is located on the same campus as a building used for classroom instruction on core curriculum. Regulation of research, education, waste disposal facilities and testing laboratories are included in the bill.

The bill goes into effect on November 1, 2021.

Preemption/Religious Entities: HB 2648 by Rep. Brian Hill (R-Mustang) and Sen. David Bullard (R-Durant) amends 51 O.S. Section 253 prohibits any governmental entity pursuant to an emergency to require closure of any place of worship.

The bill goes into November 1, 2021.

Tobacco/Nicotine Products: HB 2674 by Rep. T.J. Marti (R-Broken Arrow) and Sen. Brent Howard (R-Altus) defines the term “nicotine product” as any product that contains nicotine extracted or isolated from plants, vegetables, fruits, herbs, weeds, genetically modified organic matter, or that is synthetic in origin for human consumption; provided that this does not include products approved by FDA for smoking cessation and adding these products to state law. The bill prohibits any sales of “nicotine products” to any individuals under the age of twenty-one (21) years of age.

The bill went into effect on May 28, 2021.

Hospitals/No Patient Left Alone Act: HB 2687 by Rep. (R-Elgin) and Sen. Micheal Bergstrom (R-Adair) is new law creating the No Patient Left Alone Act impacting minors, adult patients, hospital visitation policies including requiring visitors to wear personal protective equipment, hospital website requirements, duties for the State Department of Health and the like.

The bill goes into effect on November 1, 2021.

26 © 2021 Oklahoma Municipal League, Inc.

Law Enforcement/Jury Duty: HB 2746 by Rep. Ross Ford (R-Broken Arrow) and Sen. (R-Broken Arrow) provides that municipal or state law enforcement officers employed in any county with a population of two hundred fifty-five thousand (255,000) or more are not qualified to serve as jurors. Municipal or state law enforcement officers in a county with a population of less than two hundred fifty-five thousand (255,000) shall be eligible to serve on noncriminal actions only.

The bill goes into effect on November 1, 2021.

Police and Fire/Collective Bargaining: HB 2747 by Rep. Ross Ford (R-Broken Arrow) and Sen. John Haste (R-Broken Arrow) amends 11 O.S. Section 51-103 by striking language about a role for the Public Employees Relations Board and substituting that a municipal employer must recognize an association elected by a majority of the firefighters or police officers as the exclusive bargaining agent. The association is selected by majority vote. A question of whether as association is the majority representative shall be resolved by a fair election conducted via the agreement of the parties. Each party may select an observer of counting the ballots cast. If the parties are unable to reach agreement on election procedures either party may ask the American Arbitration Association to conduct the election with costs shared by both parties. The bill grandfathers in bargaining agents recognized prior to the effective date of the bill, establishes procedures for voting and when a bargaining agent is not the exclusive bargaining agent, the effect of fraudulent activity and the like.

The bill goes into effect on November 1, 2021.

Law Enforcement/Immigration: HB 2774 by Rep. John Pfeiffer (R-Mulhall) and Sen. David Bullard (R-Durant) impacts immigration in the context of sheriffs, jailers, prison keepers and their deputies in 57 O.S. Section 16a involving regulation of immigration detainer requests and new law impacting law enforcement agencies. Law enforcement has duties if they have custody of a person subject to an immigration detainer request including complying with the request, duties to inform the individual with exclusions for citizens of the U.S.

The bill goes into effect on November 1, 2021.

Tax Commission/Refunds: HB 2780 by Rep. John Pfeiffer (R-Mulhall) and Sen. Dave Rader (R- Tulsa) amends various sections of Title 68 impacting tax refund claims in several contexts, garnishment actions of delinquent taxpayers, collections by debt collection agencies, changes to the County Government Education-Technical Revolving Fund and the like. For the disabled veteran sales tax exemption in 68 O.S. Section 1357 at paragraph 34, a claim for refund of sales taxes erroneously paid may only be made if a vendor refuses to honor the proof of eligibility issued by the Tax Commission and the person eligible for the exemption submits to the Tax Commission a signed notification of the vendor’s denial of exemption.

The bill goes into effect on November 1, 2021.

Oklahoma Remote Quality Jobs Incentive Act: HB 2860 by Rep. Kevin Wallace (R-Wellston) and Sen. Roger Thompson (R-Okemah) is new law creating the Oklahoma Remote Quality Jobs Incentive Act to attract growth industries and sectors that employ remote workers to Oklahoma with duties to the Department of Commerce and the Tax Commission. The bill contains extensive definitions including a “proxy establishment”. This means a public trust for the benefit of a

27 © 2021 Oklahoma Municipal League, Inc.

geographic area which includes a city or county or some combination thereof and benefits a geographic area where new direct jobs which meet the requirements of the Act are created by an establishment, other than the proxy establishment. There are duties for the proxy establishment, reporting requirements and incentive payments may be earned under detailed criteria in the bill. A new fund is created in the Tax Commission with requirements on its use, and rule-making authority is given to both state agencies.

The bill goes into effect on July 1, 2021.

At-Risk Construction: HB 2861 by Rep. Kevin Wallace (R-Wellston) and Sen. Paul Rosino (R- OKC) amends 61 O.S. Section 2 impacting at-risk construction management contracts and requiring a payment bond.

The bill goes into effect on November 1, 2021.

Public Construction Contracts/Competitive Bidding: HB 2862 by Rep. Kevin Wallace (R- Wellston) and Sen. Dewayne Pemberton (R-Muskogee) amends various bid amounts for public construction contracts in several Sections in Title 61. The threshold for public construction contracts from Fifty Thousand Dollars ($50,000) to One Hundred Thousand Dollars ($100,000) but keeps the threshold at Fifty Thousand Dollars ($50,000) for construction management trade contracts or subcontracts, and contracts under One Hundred Thousand Dollars ($100,000) would be let and awarded to the lowest responsible bidder or awarded on basis of competitive quotes. The limit on construction contracts that may be negotiated with a qualified contractor is raised from Five Thousand Dollars ($5,000) to Ten Thousand Dollars ($10,000). The limit on contracts for right-of-way clearance to not be considered construction contracts and required to be open for bidding is raised from Fifty Thousand Dollars ($50,000) to One Hundred Thousand Dollars ($100,000). The limit on contracts under an emergency authority declared by the governing body of a public agency is raised from Seventy-five Thousand Dollars ($75,000) to One Hundred Fifty Thousand Dollars ($150,000).

The bill goes into effect on November 1, 2021.

Universal Licensing Recognition Act: HB 2873 by Rep. Kevin Wallace (R-Wellston) and Sen. James Leewright (R-Bristow) is new law creating the Universal Licensing Recognition Act which includes reciprocity, licensing requirements, residency requirements and the like.

The bill goes into effect on November 1, 2021.

Sales Tax Exemption Report/University Hospitals Authority: HB 2874 by Rep. Kevin Wallace (R-Wellston) and Sen. Roger Thompson (R-Okemah) requires the University Hospitals Authority to report the total value of the sales tax exemption from prior fiscal year to the Governor, Speaker, Pro Tempore, Chair of the House Appropriations and Budget Committee, the Chair of the Senate Appropriations Committee as part of its annual budget and performance review materials submitted for the fiscal year beginning July 1, 2024 and for fiscal years thereafter. The report shall also include the number of filled resident positions and the number of nursing graduates of the University of Oklahoma Health Sciences Center. The bill has additional reporting requirements.

The bill goes into effect on November 1, 2021.

28 © 2021 Oklahoma Municipal League, Inc.

Law Enforcement/Mental Health Transport: HB 2877 by Rep. Kevin Wallace (R-Wellston) and Sen. Zack Taylor (R-Seminole) amends 43A O.S. Sections 1-110 and 5-107 impacting law enforcement mental health transport authorizing telemedicine for an individual to be assessed by a licensed mental health professional. Transportation responsibility of peace officers for those in need of initial assessment, emergency detention or protective custody is from the initial point of contact to the nearest in state facility, within a thirty (30)-mile radius of the peace officer's operational headquarters. If there is not a facility within a thirty (30)-mile radius, transportation shall be completed by either the Department of Mental Health and Substance Abuse Services or an entity contracted by the Department. Once an individual is presented to the facility, by a transporting law enforcement officer, the law enforcement agency shall be responsible for any subsequent transportation pending completion of the initial assessment, emergency detention, protective custody, or inpatient services with a thirty (30)-mile radius of the operational headquarters. All transportation over thirty (30)-miles must be completed by either the Department of Mental Health or the Department’s contracted entity. Section 5-207 is similarly amended for law enforcements immediate transport to “an urgent recovery clinic” or to the nearest facility.

The bill goes into effect on November 1, 2021.

Insurance Premium Tax/Firefighters and Police Pensions: HB 2893 by Rep. Kevin Wallace (R- Wellston) and Sen. Roger Thompson (R-Okemah) returns funding for FY 2022 for the Firefighter and Police to the FY 2020 funding level. However, the funding levels are cut for each System for FY 2023 through FY 2027.

The bill goes into effect on July 1, 2021.

Transportation/ROADS Funding: HB 2895 by Rep. Kevin Wallace (R-Wellston) and Sen. Roger Thompson (R-Okemah) amends the funding mechanism for the Rebuilding Oklahoma Access and Drive Safety (ROADS) Fund. It modifies the FY22 allocation to the ROADS Fund to $80 million. It also increases the annual revenue cap from $570 million to $590 million.

The bill goes into effect on July 1, 2021.

Transportation Funding/8-Year Plan: HB 2896 by Rep. Kevin Wallace (R-Wellston) and Sen. Roger Thompson (R-Okemah) authorizes the Oklahoma Capitol Improvement Authority to issue notes, bonds, or other evidences of obligation, and to execute federal loans with the United States Department of Transportation pursuant to the Transportation Infrastructure Finance and Innovation Act (codified as 23 U.S.C., Sections 601-609), in an amount necessary to generate net proceeds of Two Hundred Million Dollars ($200,000,000.00), no earlier than July 1, 2021, after providing for costs of issuance, credit enhancement, reserves and other associated expenses related to the financing. The proceeds of this financing would help fund construction and maintenance of the Oklahoma Department of Transportation’s 8-Year Plan.

The bill went into effect on May 24, 2021.

Pay for Success Act: HB 2902 by Rep. Kevin Wallace (R-Wellston) and Sen. Roger Thompson (R- Okemah) appropriates One Million Nine Hundred Twenty Thousand Dollars ($1,920,000.00) to 29 © 2021 Oklahoma Municipal League, Inc.

the Pay for Success program by the Office of Management and Enterprise Services (OMES). Of the appropriated amount seventy-five percent (75%) shall be utilized in equal amounts for municipalities of the state with populations of three hundred fifty thousand (350,000) or more as determined by the latest Federal Decennial Census.

The bill goes into effect August 25, 2021.

Oklahoma Conservation Commission/Master Irrigator Program: HB 2907 by Rep. Kevin Wallace (R-Wellston) and Sen. Roger Thompson (R-Okemah) directs the Oklahoma Conservation Commission’s Master Irrigator Program to use One Hundred Forty Thousand Dollars ($140,000) training and research of the Ogallala Aquifer.

The bill goes into effect on August 25, 2021.

Rural Broadband Expansion Council/Dept. of Commerce: HB 2928 by Speaker Charles McCall (R-Atoka) and Sen. James Leewright (R-Bristow) directs broadband service providers to submit a report containing their network area coverage map to the Department of Commerce and the Rural Broadband Expansion Council by October 31, 2021. The providers are required to update this map and report annually. OneNet must provide mapping of all assets and network coverage. Internet service providers are directed by the measure to disclose the properties they serve, and average minimum upload and download speeds at which they provide services to those properties.

The bill went into effect on April 27, 2021.

Sales Tax Rebate/Broadband Equipment: HB 2946 by Rep. Kevin Wallace (R-Wellston) and Sen. Roger Thompson (R-Okemah) creates a new sales tax exemption for qualifying broadband equipment by provider of Internet service or subsidiaries if the property is directly used or consumed by the provider or subsidiary in or during the distribution of broadband Internet service. The exemption shall be administered as a rebate. Total tax rebates will not exceed Forty- two Million Dollars ($42,000,000.00) with Thirty-one Million Five Hundred Thousand Dollars ($31,500,000.00) of the total reserved for eligible projects serving counties having a population density of fewer than one hundred persons per square mile and Ten Million Five Hundred Thousand Dollars ($10,500,000.00) for eligible projects serving counties having a population density of one hundred or more persons per square mile. For tax year 2023 and years afterwards, the rebate is capped at Forty-two Million Dollars ($42,000,000.00).

The bill went into effect on July 1, 2021.

Sales Tax Exemption/University Hospitals Trust: HB 2949 by Rep. Kevin Wallace (R-Wellston) and Sen. Roger Thompson (R-Okemah) amends the sales tax exemption for the University Hospitals Trust by making the exemption effective on July 1, 2022. This amendment is made in Section 1 of the bill in paragraph 10 on page 6 and paragraph 30 on page 14. In addition, the sales tax exemption for sales of tangible personal property or services used solely for construction and remodeling projects to a tax-exempt organization whose primary purpose is to construct or remodel and sell affordable housing and provide homeownership education is effective on November 1, 2021. Finally, the sales tax exemption for sales of tangible personal property or 30 © 2021 Oklahoma Municipal League, Inc.

services to a nonprofit entity whose principal function is to help natural persons following a disaster, with emphasis on repair or restoration to single-family residential dwelling is effective on November 1, 2021.

The bill went into effect on July 1, 2021.

Ambulance Service Provider Fee: HB 2950 by Rep. Kevin Wallace (R-Wellston) and Sen. Roger Thompson (R-Okemah) s new law creating the Ambulance Service Provider Access Payment Program Act which authorizes the Oklahoma Health Car Authority to assess an ambulance service provider access payment program fee. It is not clear whether this will apply to political subdivision ambulance service. Exempt is:

• An ambulance service owned or operated by the state or a state agency, federal government, a federally recognized Indian tribe, or the Indian Health Service. • An ambulance service eligible for supplemental Medicaid reimbursement under 63 O.S. Section 3242. • An ambulance service that provides air ambulance services only; or • An ambulance service that provides nonemergency transports only or a de minimis amount of emergency medical transportation services, as determined by the Authority.

The bill goes into effect on November 1, 2021.

State-Tribal Litigation Fund: HB 2951 by Rep. Kevin Wallace (R-Wellston) and Sen. Roger Thompson (R-Okemah) creates a revolving fund in the Office of Management and Enterprise Services (OMES) to be designated the “State-Tribal Litigation Revolving Fund”. The fund shall only be used for legal services relating to cases and controversies that the Joint Committee on State-Tribal Relations has formally recommended the State of Oklahoma to pursue or litigate. Expenses for the third-party legal counsel shall only be made if the contract is approved by the Joint Committee on State-Tribal Relations. If this fund is ruled unconstitutional by a court of competent jurisdiction, any unexpended funds shall revert to the State’s General Fund.

The bill went into effect on May 24, 2021.

31 © 2021 Oklahoma Municipal League, Inc.

SENATE BILLS OF MUNICIPAL INTEREST THAT PASSED

Law Enforcement/Mental Health Transport: SB 3 by Sen. David Bullard (R-Durant) and Rep. Justin Humphrey (R-Lane) amends transportation for mental health services by law enforcement act by allowing officers to use telemedicine to have a person assessed by a mental health professional. If the person needs initial assessment, emergency detention or protective custody from the initial point of contact the peace officer is responsible for transportation to the nearest facility, within a thirty (30) mile radius of the officer’s operational headquarters. If there is no facility within these thirty (30) miles, transportation shall be completed by the Department of Mental Health and Substance Abuse Services, or an entity contracted by the Department. Once an individual has been presented to the facility, by a transporting law enforcement officer, the transporting law enforcement agency shall be responsible for any subsequent transportation pending completion of the initial assessment, emergency detention, protective custody, or inpatient services within a thirty (30) mile radius of the operational headquarters. 43A O.S. Section 5-207 is similarly amended for law enforcements immediate transport to “an urgent recovery clinic” or to the nearest facility.

The bill goes into effect on November 1, 2021.

Law Enforcement/Speeding Tickets: SB 10 by Sen. Zack Taylor (R-Seminole) and Rep. Dick Lowe (R-Amber) amends speed restrictions on county roads and highways in 47 O.S. Section 11- 801 (G) by removing the expiration date of November 1, 2022, for the fine for speeding structure. Additionally, the provisions in section 2 of the bill were set to expire on November 1, 2020. This expiration is repealed, and no expiration is put in place.

The bill went into effect on April 19, 2021.

Law Enforcement/Juveniles: SB 16 by Rep. Mark Lawson (R-Sapulpa) and Sen. John Haste (R- Broken Arrow) is new law requiring the Oklahoma Commission on Children and Youth to administer a grievance process to be utilized by children detained in an adult jail, adult lockup, adult detention, or other adult facility. The process is available at any time prior to and after adjudication or conviction or during his or her incarceration. The Office of Juvenile System Oversight is given duties to investigate complaints and rulemaking authority.

The bill goes into effect on November 1, 2021.

Law Enforcement/Domestic Violence: SB 17 by Sen. Kay Floyd (D-OKC) and Rep. Carol Bush (R-Tulsa) requires officers during a preliminary investigation of a domestic violence crime to use questions provided on a lethality assessment form available on the Attorney General’s website. If the assessment indicates a referral is suggested, the assessing officer shall implement the protocol referral process to a domestic violence advocate from a certified or tribal program. Included is advising the victim the results of the assessment and calling the domestic violence hotline for the victim. If the victim does not want to speak with an advocate, the officer shall document the refusal. Regardless of the results of the lethality assessment, referral information for shelters, domestic violence programs and other social services shall be provided to the victim.

The bill goes into effect on November 1, 2021. 32 © 2021 Oklahoma Municipal League, Inc.

Tort Claims Act/Political Subdivisions: SB 28 by Sen. Micheal Bergstrom (R-Adair) and Rep. Josh West (R-Grove) amends the Governmental Tort Claims Act by adding to the definition of a political subdivision. Included is a substate planning district, regional council of government or other entity created via 74 O.S. Section 1001 and following.

The bill goes into effect on November 1, 2021.

Oklahoma Drug Court Act: SB 38 by Sen. Roger Thompson (R-Okemah) and Rep. Jon Echols (R-OKC) amends the Oklahoma Drug Court Act providing that judicial immunity extends to any duty required by law to be performed by a judge of a drug court. In addition, all funds received by a drug court be credited to and accounted for in the county treasurer's office in a special cash fund to be known as the "Drug Court Fund."

The bill goes into effect on July 1, 2021.

Law Enforcement/Failure to Appear: SB 44 by Sen. (D-OKC) and Rep. Judd Strom (R-Copan) amends 22 O.S. Section 209 the duties of a law enforcement officer who has arrested a person on a misdemeanor charge or violation of city ordinance, without a warrant. Added to current law is dismissal if upon failure to appear the person can show the court that he/she was incarcerated or otherwise detailed by law enforcement at the time of the failure to appear.

The bill goes into effect on November 1, 2021.

Mental Health Court Program: SB 50 by Sen. Brent Howard (R-Altus) and Rep. Rande Worthen (R-Lawton) amends 22 O.S. Section 472 requiring any criminal case be cross-referenced to a mental health court case file by the court clerk if the case is subsequently assigned to a mental health court program.

This bill goes into effect on November 1, 2021.

Military Strategic Planning Commission: SB 62 by Sen. John Montgomery (R-Lawton) and Rep. (R-Ponca City) extends the sunset date of the Oklahoma Military Strategic Planning Commission from December 31, 2020, to December 31, 2025.

The bill went into effect on April 7, 2021.

Local Development and Enterprise Zone Incentive Leverage Act: SB 71 by Sen. Micheal Bergstrom (R-Adair) and Rep. Kevin McDugle (R-Broken Arrow) amends the Oklahoma Local Development and Enterprise Zone Incentive Leverage Act in several ways. Included is altering the current duties of the Oklahoma Department of Commerce (enhanced rulemaking including new reporting requirements involving capital investment and changes in assessed value of a project) and the Oklahoma Tax Commission (removing maintenance of records of income tax credits and new duties).

The bill goes into effect on November 1, 2021.

33 © 2021 Oklahoma Municipal League, Inc.

Sales Tax Exemption/University Hospitals Trust: SB 79 by Sen. Roger Thompson (R-Okemah) and Rep. Kevin Wallace (R-Wellston) expands the current sales tax exemptions for the University Hospitals Trust by adding nonprofit entities which have entered into joint operating agreements with the Trust.

The bill goes into effect on July 1, 2022.

Law Enforcement/Public Intoxication: SB 87 by Sen. John Haste (R-Broken Arrow) and Rep. Carol Bush (R-Tulsa) amends 43A O.S. Section 3-428 regarding intoxicated persons who consent to help by adding an “evaluation” facility to current law. Those in possession of controlled dangerous substances or drug paraphernalia who consents to offered help may be taken to drug treatment centers, centers for substance abuse evaluations or other facilities.

The bill goes into effect on November 1, 2021.

Public Trust/Governance: SB 88 by Sen. Brent Howard (R-Altus) and Rep. Rande Worthen (R- Lawton) amends several sections of Title 60 public trusts including the repeal of 60 O.S. Section 178.2. Included are amendments in Section 176 impacting bonds sold upon open competitive public offering, Section 180 termination of a trust by the “approval of a majority of the” governing body of the beneficiary and Section 180.1 audit requirements for trusts with “assets or revenues more than Fifty Thousand Dollars ($50,000) or with outstanding debt obligations” and exemptions from audit requirements.

The bill goes into effect on November 1, 2021.

Public Notice/Affidavit of Publication: SB 90 by Sen. Brent Howard (R-Altus) and Rep. (R-Enid) amends 25 O.S. Section 108 by referencing 25 O.S. Section 106 and adding that the affidavit of publication shall constitute conclusive proof of publication and shall be incontestable in court.

The bill goes into effect on November 1, 2021.

Performance-Based Efficiency Contracts: SB 91 by Sen. Chuck Hall (R-Perry) and Rep. Brad Boles (R-Marlow) amends 61 O.S. Section 212 creating the method for calculating cost savings attributable to performance-based efficiency contracts. The public entity may consider capital cost avoidance and include additional revenue that is directly attributed to the contract.

The bill goes into effect on November 1, 2021.

Firearms: SB 106 by Sen. Mark Allen (R-Spiro) and Rep. Terry O’Donnell (R-Catoosa) makes a number of changes to the Self-Defense Act including licenses and applications, background checks and the like.

The bill goes into effect on November 1, 2021.

OMPA/Open Meetings and Records: SB 118 by Sen. Chuck Hall (R-Perry) and Rep. Mike Osburn (R-Edmond) amends the Open Meeting Act authorizing the Oklahoma Municipal Power Authority to hold an executive session for discussing security plans and procedures including,

34 © 2021 Oklahoma Municipal League, Inc.

but not limited to, cybersecurity matters. Similar language is added to the Open Records Act in 51 O.S. Section 24A.28 authorizing those applicable records may be kept confidential.

The bill goes into effect on November 1, 2021.

OMPA/Information Technology Consolidation Act: SB 123 by Sen. Chuck Hall (R-Perry) and Rep. Mike Osburn (R-Edmond) amends the Information Technology Consolidation and Coordination Act by adding the Oklahoma Municipal Power Authority to the definition of “state agency”.

The bill went into effect on April 28, 2021.

OUBCC: SB 148 by Sen. Dave Rader (R-Tulsa) and Rep. (R-Tulsa) amends the Uniform Building Code Commission by adding two new board members, adding a member who is a licensed electrical engineer from a state-recognized professional engineering firm and a member who is a licensed mechanical engineer from a state-recognized professional engineering firm.

The bill goes into effect on July 1, 2021.

Electric-Assisted Bicycles: SB 184 by Sen. Carri Hicks (D-OKC) and Rep. Carol Bush (R-Tulsa) authorizes the use of a Class 3 electric-assisted bicycles on multi-use paths. The bill also prohibits the use of any class of electric-assisted bicycle at a speed greater than twenty (20) miles per hour except on a street with a posted speed limit above twenty (20) miles per hour.

The bill goes into effect on November 1, 2021.

Law Enforcement/CLEET: SB 242 by Sen. Roger Thompson (R-Okemah) and Rep. Dustin Roberts (R-Durant) amends 70 O.S. Section 3311.17 regarding technology centers and any higher education institutions offering courses approved by CLEET for law enforcement certification. The bill impacts the application and contracting process.

The bill goes into effect on November 1, 2021.

DEQ/Air Curtain Incinerators: SB 246 by Sen. Mark Allen (R-Spiro) and Rep. Sean Roberts (R- Hominy) authorizes the Department of Environmental Quality to require the use of an air curtain incinerator for fires purposely set, in areas with a population greater than five hundred thousand (500,000), or where the Department-certified ambient air quality monitoring data documents a violation of primary National Ambient Air Quality Standards.

The bill goes into effect on November 1, 2021.

Sales Tax Exemption/City-County Library System: SB 265 by Sen. Kevin Matthews (D-Tulsa) and Rep. (D-Tulsa) creates a new sales tax exemption for city-county library systems.

The bill goes into effect on November 1, 2021.

Law Enforcement/Telecommunications: SB 272 by Sen. Darrell Weaver (R-Moore) and Rep. Rande Worthen (R-Lawton) creates new law regulating law enforcement requests to wireless 35 © 2021 Oklahoma Municipal League, Inc.

telecommunication carriers to provide call location information to respond to emergencies. The bill gives duties to the OSBI including rulemaking.

The bill goes into effect on November 1, 2021.

Public Nuisance/Contact Information: SB 277 by Sen. John Montgomery (R-Lawton) and Rep. Daniel Pae (R-Lawton) amends 11 O.S. Section 22-110.1 authorizing municipalities to gather contact information for persons responsible for emergency contacts and property maintenance for addressing public nuisances, dilapidated properties, or other unlawful conduct in accordance with their general police powers. Also, contact information is authorized for those who receive notice and service of process for impacted property. A fee may not be collected by the municipality and the information must be kept confidential by municipalities and not subject to disclosure under the Open Records Act.

The bill goes into effect on November 1, 2021.

Finance/Municipal Bonds: SB 281 by Sen. Marty Quinn (R-Claremore) and Rep. Terry O’Donnell (R-Catoosa) amends 62 O.S. Sections 348.1 and 348.3 authorizing municipal investments in investment grade obligations of this state.

The bill goes into effect on November 1, 2021.

DUI/Victims Impact Panel: SB 283 by Sen. Michael Brooks (D-OKC) and Rep. Ross Ford (R- Broken Arrow) amends several sections of Title 37A impacting serving alcohol beverages and any controlled dangerous substances to individuals under age 21 and required attendance of a victims’ impact panel. This includes amendments to 22 O.S. Section 991a.

The bill goes into effect on November 1, 2021.

Electrical License Act: SB 317 by Sen. Julie Daniels (R-Bartlesville) and Rep. Lonnie Sims (R- Jenks) amends various sections of Title 59 and the Electrical License Act by adding a definition and regulation for “student electrical intern”. New licensing duties are given to the Construction Industries Board and new law specifies how the intern is supervised and allowed to work.

The bill goes into effect on November 1, 2021.

Workers’ Compensation/Self-Insurance Guaranty Fund: SB 330 by Sen. Dave Rader (R-Tulsa) and Rep. John Pfeiffer (R-Mulhall) amends the Self-insurance Guaranty Fund by removing current law requiring the Tax Commission to determine the fund balance and advise the Workers’ Compensation Commission.

The bill goes into effect on July 1, 2021.

Cemeteries: SB 335 by Sen. (R-Burlington) and Rep. Carl Newton (R- Woodward) is new law authorizing cemeteries, after a reasonable search for heirs, to determine unused burial sites as abandoned and the ownership of the site shall revert to the private or public cemetery. Certified letters or publication in a newspaper is required in addition to no recorded activity on the burial space for seventy-five (75) years.

36 © 2021 Oklahoma Municipal League, Inc.

The bill goes into effect on November 1, 2021.

Collections/Court Fines: SB 343 by Sen. Lonnie Paxton (R-Tuttle) and Rep. Brad Boles (R- Marlow) amends 68 O.S. Section 205.2 impacting municipal court’s collection of fines and costs via the Oklahoma Tax Commission. The bill adds clarifying language to include district court fines.

The bill goes into effect on November 1, 2021.

Election Dates: SB 347 by Sen. Lonnie Paxton (R-Tuttle) and Rep. Ryan Martinez (R-Edmond) is new law prohibiting political subdivisions from scheduling a regular or special election conducted by a county election board on the second Tuesday of December 2021, the second Tuesday of January 2022 or the first Tuesday of March 2022. In addition, the second Tuesday of June of an odd-numbered year for a special election to fill a vacancy is added to 26 O.S. Section 3-101.

The bill went into effect on May 5, 2021.

Peer-to-Peer Car Sharing: SB 355 by Sen. Paul Rosino (R-OKC) and Rep. Lonnie Sims (R-Jenks) is new law creating extensive regulation for the new Peer-to-Peer Car Sharing Program Act. This program means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration and does not include a business of renting motor vehicles without drivers under 47 O.S. Section 8-101 or service providers who are solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle. This program shall not be considered a “transportation network company” as defined in 47 O.S. Section 1011. In addition to several sections of new law several Title 47 statutes are amended.

The bill goes into effect on November 1, 2021.

Public Safety/Peer Support Counseling: SB 361 by Sen. Kim David (R-Porter) and Rep. Kevin Wallace (R-Wellston) amends 12 O.S. Section 2506.2 impacting peer support counseling for critical incident stress management sessions for public safety or emergency services personnel who have been involved in emotionally traumatic incidents by reason of employment. The bill adds that “the sessions may include participation of immediate family of the public safety or emergency services personnel.”

The bill goes into effect on November 1, 2021.

Public Safety Awards: SB 365 by Sen. Kim David (R-Porter) and Rep. Jay Steagall (R-Yukon) creates the Oklahoma Distinguished Meritorious Service Medal for extended exemplary service to the state for serious line of duty injuries for law enforcement and public safety members employed by the state, political subdivisions and federal agencies working in Oklahoma.

The bill goes into effect on November 1, 2021.

EMTs/Impaired Driving: SB 367 by Sen. Kim David (R-Porter) and Rep. Chris Kannady (R- OKC) amends several sections of Title 47 impacting impaired driving including 47 O.S. Section 752 authorizing persons licensed as Intermediate Emergency Medical Technician, Advanced 37 © 2021 Oklahoma Municipal League, Inc.

Emergency Medical Technician or Paramedic to withdraw blood to determine the concentration of alcohol or other intoxicating substance. Withdrawn from current law is language involving breath, saliva, or urine specimens. New law on blood and breath collection is placed in Section 3 of the bill. Changes are made to peace officer’s required sworn report for arrests.

The bill goes into effect on November 1, 2021.

Preemption/Religious Entities: SB 368 by Sen. David Bullard (R-Durant) and Rep. Brian Hill (R- Mustang) amends 51 O.S. Section 253 prohibiting governmental entities from declaring a religious institution and certain activities to be nonessential.

The bill goes into effect on July 1, 2021.

Unified State Law Enforcement Commission: SB 371 by Sen. Kim David (R-Porter) and Rep. Terry O’Donnell (R-Catoosa) creates an eight (8) member Unified State Law Enforcement Commission to study and evaluate the feasibility of unifying OSBI, OBNDD and DPS into a single law enforcement agency. The Commission has until December 1, 2022, to complete their study and present their findings to the Governor, Speaker and Pro Tempore and minority leaders of the Senate and the House.

The bill went into effect on April 20, 2021.

Municipal Operations/Disruption: SB 403 by Sen. Brenda Stanley (R-Midwest City) and Rep. (R-OKC) amends 21 O.S. Section 280 making it unlawful to willfully disturb, interfere or disrupt business of any political subdivision, which includes publicly posted meetings or any employee, agent, official or representative of a political subdivision. It is also unlawful to willfully refuse to disperse or leave any property, building or structure owned, leased, or occupied by any political subdivision or its employees after proper notice by peace officer or security personnel.

The bill went into effect on April 21, 2021.

Sales Tax Exemption/Agriculture: SB 422 by Sen. Frank Simpson (R-Ardmore) and Rep. Dell Kerbs (R-Shawnee) requires the Oklahoma Tax Commission (OTC) to accept any of the following as proof of eligibility for the agriculture sales tax exemption.

1. A copy of IRS Schedule F, a copy of the IRS form 1065 or a copy of IRS form 4836, or any equivalent form prescribed by the IRS, with respect to a federal income tax return. 2. A one-page business description form provided by OTC. 3. Farm Service Agency form 156EZ; or 4. Other documents at the discretion of the OTC that verify active agriculture production.

The bill goes into effect on July 1, 2021.

Solid Waste Management/Recycling Products: SB 448 by Sen. Zack Taylor (R-Seminole) and Rep. Brad Boles (R-Marlow) amends the Solid Waste Management Act by adding “advanced plastic recycling”, “advanced plastic recycling facility”, “depolymerization” “gasification”, “post-use polymer”, pyrolysis”, “recovered feedstock” and “solvolysis”. Solid waste is amended to not include post-use polymers or recovered feedstocks under conditions in the bill. 38 © 2021 Oklahoma Municipal League, Inc.

The bill goes into effect on November 1, 2021.

Outdoor Advertising: SB 549 by Sen. Rob Standridge (R-Norman) and Rep. Avery Frix (R- Muskogee) amends 69 O.S. Section 1273 impacting outdoor advertising’s relocation permit for municipalities with a population over five hundred thousand (500,000). The bill provides that neither a relocation permit nor any outdoor advertising sign permit shall be issued in those areas in which a municipality or county has lawfully enacted a prohibition on the erection of an outdoor advertising sign.

The effective date of this bill is November 1, 2021.

Preemption/Planned Parenthood: SB 584 by Sen. Nathan Dahm (R-Broken Arrow) and Rep. (R-Roland) prohibits a provider from being eligible for reimbursement via funding from any political subdivision for violation of federal or state law prohibiting trafficking in fetal body parts.

The bill goes into effect on July 1, 2021.

Finance/Pooled Finance Act: SB 587 by Sen. Brent Howard (R-Altus) and Rep. Brad Boles (R- Marlow) amends 62 O.S. Section 891.3 impacting the Oklahoma Community Economic Development Pooled Finance Act in various ways including an expansion of the definitions of “eligible local government entity” and “infrastructure”.

The bill goes into effect on November 1, 2021.

DRIVE Act: SB 600 by Sen. Dave Rader (R-Tulsa) and Rep. Kyle Hilbert (R-Depew) creates a tax of three cents per kilowatt hour or its equivalent on electric current used to charge or recharge batteries of an electric vehicle. The bill contains exceptions, duties for the Tax Commission, regulation of charging stations and the like.

The bill goes into effect on November 1, 2021.

Local Development and Enterprise Zone Incentive Leverage Act: SB 606 by Sen. Dave Rader (R-Tulsa) and Rep. John Pfeiffer (R-Mulhall) amends the Oklahoma Local Development and Enterprise Zone Incentive Leverage Act in 62 O.S. Section 845. The bill creates an “agency special account” for the Oklahoma Tax Commission after deleting the current fund. It also removes the State’s limit on liability to make incentive payments.

The bill goes into effect on November 1, 2021.

Firearms/Second Amendment Sanctuary State Act: SB 631 by Sen. Warren Hamilton (R- McCurtain) and Rep. David Hardin (R-Stilwell) is new law creating the Second Amendment Sanctuary State Act which preempts political subdivisions from infringing upon the right to keep and bear arms. Preemption includes regulation of arms and ammunition, pursuant to the National Firearms Act of 1934 and any regulations or provision of the Gun Control Act of 1968.

The bill went into effect on April 26, 2021.

39 © 2021 Oklahoma Municipal League, Inc.

Firearms/Alcohol Establishments: SB 646 by Sen. Micheal Bergstrom (R-Adair) and Rep. Jay Steagall (R-Yukon) allows an employee of an establishment that sells alcoholic beverages to carry or possess a weapon while in the scope and course of employment if the employee has permission from the owner. The measure includes liquor stores in the list of business entities that may control the possession of weapons on any property owned or controlled by the business entity.

The bill goes into effect on November 1, 2021.

Unmanned Aircraft Systems: SB 659 by Sen. Paul Rosino (R-OKC) and Rep. Kyle Hilbert (R- Depew) amends the Oklahoma Aeronautics Commission Act by adding regulation of unmanned aircraft systems or drones, establishes the Commission as the Clearinghouse for Unmanned Aircraft Systems (UAS) as a central point in state government to develop a strategy for how Oklahoma can become a leader in the UAS industry while cooperating and assisting governmental entities, including municipalities.

The bill goes into effect on November 1, 2021.

Firearms/Transporting: SB 672 by Sen. Casey Murdock (R-Felt) and Rep. (R-Balko) impacting transportation of a firearm in a vehicle as well as improper transportation. The bill deletes current language and repeals 21 O.S. Section 1289.13, as last amended by Section 6, Chapter 1, O.S.L. 2019.

The bill goes into effect on November 1, 2021.

9-1-1: SB 687 by Sen. Darrell Weaver (R-Moore) and Rep. Justin Humphrey (R-Lane) amends the Oklahoma 9-1-1 Management Authority in several ways. This includes escrowing funds if a public agency fails to submit or comply with master plans to deliver Next Generation 9-1-1 (NG9- 1-1) with local plans being required to “align with the State’s Master plan to deploy NG9-1-1”. Also, funds are escrowed if the public agency fails to “provide connectivity and interoperability between state, regional and local next-generation systems”. Changes are made to development of a “master” plan and establishing rules on NG9-1-1 systems, training program standards are altered, reports are required of the Oklahoma Tax Commission, and the Authority shall oversee all 9-1-1 fees collected under the Oklahoma Emergency Telephone Act and order the escrowing of fees misspent or diverted to a purpose other than authorized by the Act.

The bill goes into effect on November 1, 2021.

Preemption/Personal Delivery Devices: SB 706 by Sen. Paul Rosino (R-OKC) and Rep. Jon Echols (R-OKC) is new law authorizing a personal delivery device to operate on any sidewalk, crosswalk, road or street of any county or municipality. The bill contains definitions, regulation of the devices, requirements for insurance and limitations on political subdivision relating to the design, licensing, taxation and the like of the delivery device or the types of property that may be transported by the device. The political subdivision shall have the authority to prohibit the operation of the devices in its jurisdiction.

The bill goes into effect on November 1, 2021.

40 © 2021 Oklahoma Municipal League, Inc.

City-County Health Departments: SB 736 by Sen. (R-Waurika) and Rep. Marcus McEntire (R-Duncan) amends in various ways 63 O.S. Sections 1-202, 1-205 and 1-208 impacting health districts of multiple county health departments operating under agreements to share resources.

The bill goes into effect on November 1, 2021.

OESC/Emergency Declarations: SB 789 by Sen. James Leewright (R-Bristow) and Rep. Kevin Wallace (R-Wellston) amends the Oklahoma Employment Security Commission impacting funding. Changes are made to contribution rates and when a state of emergency is declared by the Governor authorization for the Commission to claim federal emergency relief funds made available to the state under conditions contained in the bill.

The bill goes into effect on July 1, 2021.

OESC: SB 794 by Sen. James Leewright (R-Bristow) and Rep. Kevin Wallace (R-Wellston) makes several changes to the Oklahoma Employment Security Commission. This includes e-file preference for filing, providing digital portals for claims, nonprofit employers, discharge for misconduct, nonseasonal workers, notices, judicial review, child support obligations, wrongful disclosure of information and the like.

The bill goes into effect on November 1, 2021.

Rural Broadband Expansion Council/Tribal Member: SB 802 by Sen. James Leewright (R- Bristow) and Rep. Logan Phillips (R-Mounds) amends the Rural Broadband Expansion Council by increasing the number of board members from fourteen (14) to sixteen (16), adding designated board members including providing for a “current or past” mayor from a population of less than 35,000 – current law is 25,000 and a Tribal Leader of a tribe recognized in this state.

The bill went into effect on April 27, 2021.

Finance/Public Safety and Government Purposes: SB 825 by Sen. Rob Standridge (R-Norman) and Rep. Kevin West (R-Moore) amends 68 O.S. Section 2701 impacting municipalities who levy a dedicated tax for the purpose of funding public safety or any other governmental purpose. The municipality shall not redirect all or a portion of these dedicated funds for another purpose without a vote of the people.

The bill goes into effect on November 1, 2021.

Public Safety Districts: SB 838 by Sen. Darrell Weaver (R-Moore) and Rep. Jadine Nollan (R- Sand Springs) is new law creating the Oklahoma Public Safety Protection District Act via a 60% vote of the people with management and budget oversight vested within the existing administration of the municipal government. The district is funded with an annual assessment no greater than five (5) miss on the dollar of assessed value used for the operation and maintenance of the district including numerous related expenses including public safety equipment and vehicles, salaries and benefits for law enforcement, fire protection and emergency medical services and costs related to fire and police operations.

41 © 2021 Oklahoma Municipal League, Inc.

The assessment specifically EXEMPTS real property zoned for agriculture or industrial land use, livestock employed in support of the family, and personal property owned by agricultural business entities.

The bill goes into effect on November 1, 2021.

Law Enforcement/Peer Support: SB 848 by Sen. Kim David (R-Porter) and Rep. Kevin Wallace (R-Wellston) is new law authorizing the Department of Mental Health to contract for the purpose of providing peer support crisis intervention, counseling and wellness for law enforcement, firefighters and emergency medical personnel impacted by trauma, cumulative stress, anxiety, addictions, death and suicide and the impact on their personal lives.

The bill goes into effect on November 1, 2021.

Smoke Free Locations: SB 862 by Sen. Lonnie Paxton (R-Tuttle) and Rep. Carol Bush (R-Tulsa) amends 21 O.S. Section 1247 expanding smoke free locations for counties and municipalities by including trusts with the counties and municipalities as the beneficiary. A “smoke free location” is a location where the use of tobacco, nicotine, marijuana, or other lawful products consumed in a smoked or vaporized manner are prohibited. Additional changes include 63 O.S. Section 425 being amended by substituting “medical marijuana license holder” with “licensed medical marijuana patient” and by substituting “retail marijuana establishment” with “medical marijuana dispensaries”.

The bill goes into effect on November 1, 2021.

Sales Tax Exemption/Museums: SB 909 by Sen. Adam Pugh (R-Edmond) and Rep. Trey Caldwell (R-Lawton) creates a new sales tax exemption for tax exempt museums that are not accredited by the American Alliance of Museum, whose budgets are less than One Million Dollars ($1,000,000) and maintains a staff of less than five full-time equivalent employees. This sales tax exemption is effective November 1, 2021, through December 31, 2024.

The bill goes into effect on November 1, 2021.

Administrative Procedures Act: SB 913 by Sen. Julie Daniels (R-Bartlesville) and Rep. Terry O’Donnell (R-Catoosa) makes a variety of changes to the Administrative Procedures Act including rule approval procedure, posting and publication on websites, suspension of emergency rules, disapproval of rules by the Governor, expedited rule repeal and the like.

The bill goes into effect on September 1, 2021.

Invest in Oklahoma Act: SB 922 by Sen. Brent Howard (R-Altus) and Rep. Gerrid Kendrix (R- Altus) s new law creating the Invest in Oklahoma Act for specific entities to invest in various Oklahoma-based private equity funds, venture capital funds and growth funds as well as similar funds that make substantial investments in this state. The Department of Commerce shall create the Fund, select funds to qualify for investment pursue rulemaking and the like. Among the entities authorized to invest no greater than five (5) percent of their rolling three (3) year assets are the seven state pension systems.

42 © 2021 Oklahoma Municipal League, Inc.

The bill goes into effect on November 1, 2021.

Firearms/Airsoft Pistols: SB 926 by Sen. Shane Jett (R-Shawnee) and Rep. Eric Roberts (R-OKC) authorizes municipalities to issue citations for discharging an air powered pistol or rifle if the projectile leaves the premises in an intentional or negligent manner to the individual or guardian of the individual who discharged the air powered pistol or rifle. Air powered rifle is any pistol or rifle that uses compressed air or other compressed gas to project plastic BB-like or pellet-like projectiles at a speed not exceeding four hundred (400) feet per second.

The bill goes into effect on November 1, 2021.

Nuisance/Critical Infrastructure: SB 939 by Sen. Zack Taylor (R-Seminole) and Rep. John Pfeiffer (R-Mulhall) amends 50 O.S. Section 16 creating an exception for critical infrastructure sectors from current law’s nuisance authority. Critical infrastructure sectors are defined. In addition, these operations must be in compliance with, or actions are consistently with government rules, guidelines, and municipal ordinances or laws applicable to their sector.

The bill goes into effect on November 1, 2021.

Initiative and Referendum/Fiscal Impact: SB 947 by Sen. Paul Rosino (R-OKC) and Rep. Tammy West (R-Bethany) amends 34 O.S. Section 9 by adding requirements to the suggested ballot title including the fiscal impact on the state and if so, the potential source of funding including but not limited to federal funding or legislative appropriation which may require imposition of a new tax, increase of an existing tax or elimination of existing.

The bill goes into effect on November 1, 2021.

Fire Protection Districts: SB 958 by Sen. Bill Coleman (R-Ponca City) and Rep. Ty Burns (R- Pawnee) permits a fire protection district's board of directors the authority to acquire a certification or license to operate an emergency medical services agency from the Oklahoma State Department of Health or contract for services with a certified or licensed emergency medical service agency. The district’s emergency medical service agency may respond outside of the district boundaries; provided, that the political subdivisions having jurisdiction over the area provide to the Department proper documentation of their support.

The bill goes into effect on November 1, 2021.

Tort Claims Act/Regional Transportation Authorities: SB 967 by Sen. Adam Pugh (R-Edmond) and Rep. Ryan Martinez (R-Edmond) amends 51 O.S. Section 152 for purposes of the Governmental Tort Claims Act only, by adding a regional transportation authority created pursuant to 68 O.S. Section 1370.7 including its contract operator and any railroad operating in interstate commerce.

The bill goes into effect on November 1, 2021.

Law Enforcement/Child Abuse: SB 987 by Sen. Darrell Weaver (R-Moore) and Rep. Carol Bush (R-Tulsa) amends 10A O.S. Section 1-2-105 authorizing a court to order transportation of a child involved in an abuse or neglect investigation for an interview or examination. Transportation 43 © 2021 Oklahoma Municipal League, Inc.

may be by a relative, a person responsible for the child, law enforcement personnel, employees of the Department of Human Service or employees of the Office of Juvenile Affairs if the child is in the custody of the Office of Juvenile Affairs. The court shall consider safety protocols based on the gender of the child.

The bill goes into effect on November 1, 2021.

McClellan-Kerr Arkansas River: SB 1006 by Sen. Kim David (R-Porter) and Rep. Lonnie Sims (R-Jenks) expands the Tri-State Commission duties to include coordinating with any relevant federal or state agency or any other entity to identify ways to improve the navigability of the McClellan-Kerr Arkansas River Navigation System.

The bill goes into effect on November 1, 2021.

Workers’ Compensation Compliance Investigation: SB 1013 by Sen. Julie Daniels (R- Bartlesville) and Rep. Chris Kannady (R-OKC) authorizes the Workers’ Compensation Commission to keep its litigation files and investigatory reports confidential. In addition, an attorney or an investigator from the Compliance Division of the Commission may be required to testify.

The bill went into effect on May 28, 2021.

Open Records/Self-Insurance Pools: SB 1015 by Sen. Julie Daniels (R-Bartlesville) and Rep. Rick West (R-Heavner) adds to the confidential proprietary information of intergovernmental self- insurance pools. Added are records received from risk pool participants that can otherwise be obtained from risk pool participants.

The bill goes into effect on November 1, 2021.

OWRB/Permits: SB 1022 by Sen. Kim David (R-Porter) and Rep. Brad Boles (R-Marlow) authorizes the Executive Director of the Oklahoma Water Resources Board to issue temporary permits and regular permits excluding all permits for sensitive sole source aquifers that have not been the subject of a protest from an interested party.

The bill goes into effect on November 1, 2021.

Open Meetings/Virtual Meetings: SB 1031 by Pro Tempore Greg Treat (R-OKC) and Rep. Jon Echols (R-OKC) authorizes a public body to hold meetings via teleconference or videoconference. The bill amends 25 O.S. Section 307.1 and is effective until February 15, 2022, or until 30 days after the expiration or termination of the state of emergency declared by the Governor to respond to COVID-19, whichever date occurs first. Documents of other materials provided to members of the public body or shared electronically between members of the public body using teleconferencing or videoconferencing shall be immediately available to the public on the website of the public body if the body maintains a website. The same effective date is also placed in 25 O.S. Section 311. In addition, public notice of a meeting with a videoconference option shall not be modified by a public body prior to the meeting and it shall conduct the meeting according to the methods in the notice. If a code or password is required to access the videoconference meeting, it shall be included in the meeting notice.

44 © 2021 Oklahoma Municipal League, Inc.

The bill went into effect on February 10, 2021.

Medical Marijuana/Retail Establishments: SB 1033 by Sen. James Leewright (R-Bristow) and Rep. Scott Fetgatter (R-Okmulgee) requires, after the effective date of this act, that the measurement of one thousand (1,000) feet from a retail marijuana establishment to a public or private school is determined by calculating the distance in a straight line from the school door nearest the front door of the retail establishment to the front door of the retail establishment. On and after June 26, 2018, if any public or private school is established within one thousand (1,000) feet of any retail establishment, after a license has been issued for that location, the setback distance between properties shall not apply if the licensed property is used for its stated purpose. On and after June 26, 2018, the Authority shall not deny any issuance or renewal of a license, deny any transfer of license due to change in ownership or revoke any license due to an error in measurement of the setback distance or failure to measure the setback distance. Finally, an original marijuana business license issued on or after June 26, 2018, for a marijuana commercial grower, processor or dispensary shall be deemed grandfathered into the location on the date the original license was first issued for the purpose of determining authority to conduct and continue the same type of business.

The bill went into effect on May 28, 2021.

Mental Health Funding: SB 1047 by Sen. Roger Thompson (R-Okemah) and Rep. Kevin Wallace (R-Wellston) appropriates Two Million Dollars ($2,000,000.00) to the Department of Mental Health and Substance Abuse Services. It also provides funding for the following programs:

1. $500,000 to carry out the provisions of SB 848 which authorizes the Department of Mental Health to contract for the purpose of providing peer support crisis intervention, counseling and wellness for law enforcement, firefighters, and emergency medical personnel impacted by trauma, stress, anxiety, addictions, death and suicides and the impact on their personal lives. 2. $2,034,000.00 to expand connectivity programs between law enforcement officers, mental health providers and Oklahomans in mental health crisis. 3. $2,966.000.00 to be used for additional mobile crisis teams to respond and diffuse crisis situations in communities.

The bill goes into effect August 25, 2021.

Utility Securitization /Unregulated Utilities: SB 1049 by Sen. Roger Thompson (R-Okemah) and Rep. Kevin Wallace (R-Wellston) allows for unregulated utilities to enter in a pooled fund for bonds to help offset extraordinary or extreme purchase costs associated with the February 2021 winter storm.

The bill went into effect on April 21, 2021.

Utility Securitization /Regulated Utilities: SB 1050 by Sen. Roger Thompson (R-Okemah) and Rep. Kevin Wallace (R-Wellston) allows for regulated utilities to issue ratepayer-backed bonds to help offset extraordinary or extreme purchase costs associated with the February 2021 winter storm.

45 © 2021 Oklahoma Municipal League, Inc.

The bill went into effect on April 21, 2021.

REAL ID/Municipal Examiners: SB 1057 by Sen. Roger Thompson (R-Okemah) and Rep. Kevin Wallace (R-Wellston) amends 47 O.S. Section 6-110 authorizing, with approval of the Department of Public Safety (DPS), a “public transit agency or state, county or municipal government agency” to be third-party examiners of Class A, B or C driving skills portion of the Oklahoma driving examination. The examiners shall be approved by DPS and the Department is authorized to make rules. The bill also repeals Section 3 of HB 1679, Section 1 of HB 2183, and Section 2 of HB 2465.

The bill went into effect on May 24, 2021.

Tobacco Products: SB 1078 by Sen. Roger Thompson (R-Okemah) and Rep. Kevin Wallace (R- Wellston) amends the definitions of “tobacco products” as defined in HB 2292. The products include smokeless tobacco, smoking tobacco, and cigars.

The bill went into effect on May 24, 2021.

Oklahoma Historical Society Funding: SB 1081 by Sen. Roger Thompson (R-Okemah) and Rep. Kevin Wallace (R-Wellston) appropriates One Hundred Fifty Thousand Dollars ($150,000.00) to the Oklahoma Historical Society to be used to hire a grant writer for Black Towns in Oklahoma. From the funds appropriated in Enrolled HB 2900 (the general appropriations bill), not less than One Hundred Fifty Thousand ($150,000.00) to be used to provide grants for schools to provide transportation to the Freedom Center & Clara Luper Civil Rights Center, the Greenwood Historic District, and the Oklahoma City National Memorial and Museum.

The bill goes into effect on August 25, 2021.

46 © 2021 Oklahoma Municipal League, Inc.

BILL BECAME LAW OVER OBJECTION OF GOVERNOR STITT

CARES Fund Act: HB 2932 by Speaker Charles McCall (R-Atoka) and Sen. Pro Tempore Greg Treat (R-OKC) prohibits, unless expressly given by the Legislature, any agency, board, commission, department, council, instrumentality or other entity organized within the executive branch utilize to the federal funds from the Coronavirus Aid, Relief, and Economic Security Act (CARES) allocated to it, in a manner that will be likely to increase the demand for state- appropriated funds or any other state funds; however, allocated, apportioned, directed or otherwise provided to any such entity, for the fiscal year ending June 30, 2021, or any fiscal year thereafter.

The bill went into effect on May 3, 2021.

47 © 2021 Oklahoma Municipal League, Inc.

LEGISLATION VETOED BY GOVERNOR STITT

State Auditor/Performance Audits: HB 1090 by Rep. Gerrid Kendrix (R-Altus) Sen. Brent Howard (R-Altus) cleaned up language in 74 O.S. Section 213.2 regarding the State Auditor and Inspector’s duties to examine books and accounts, to instruct in the performance of an officer’s duties and prescribe cost-effective methods of operating.

The veto message is as follows: House Bill 1090 would empower the State Auditor and Inspector to audit all books and accounts of any public officers, institutions, and other governmental entities without first receiving a request from the Governor, the chief executive officer or an agency, or a resolution from the Legislature. The change is a dramatic departure from existing state law and established practice and procedure.

House Bill 1090 would create a system where the State Auditor and Inspector is not accountable to any other arm of state government, which would fundamentally alter our system of checks and balances in Oklahoma. The existing law already requires that the agency being audited bear the cost of audits. This could unnecessarily burden state agencies preventing them from performing their authorized statutory and constitutional duties.

For these reasons, I have vetoed House Bill 1090.

Sales Tax Exemption/Operation School Bell: HB 1849 by Rep. (D-OKC) and Sen. Michael Brooks (D-OKC) would have added a new sales tax exemption for schools by adding "school support organizations".

The veto message is as follows: This bill creates a new exemption that unnecessarily complicates the tax code.

For this reason, I have vetoed House Bill 1849.

Rural Broadband Expansion Council: HB 2090 by Speaker Charles McCall (R-Atoka) and Sen. James Leewright (R-Bristow) amends the Oklahoma Telecommunication Act impacting broadband in various ways. This includes several new definitions, creation of eligible entities which are terrestrial Internet service providers willing to go into unserved or underserved areas, expansion of the Rural Broadband Expansion Council, authorization to develop a set of broadband incentive award guidelines and the like.

The veto message is as follows: House Bill 2090 makes changes to the recently created Rural Broadband Expansion Council. It adds two new members to an unnecessary task force.

Digital transformation has been and remains a top priority for my Administration. Shortly after taking office, this Administration created a broadband task force and brought together key stakeholders to focus on improving broadband in our state. As a result, our state’s broadband service has improved from 47th to 25th in the 48 © 2021 Oklahoma Municipal League, Inc.

nation during my time in office. We brought together key players in this arena and the Administration’s task force yielded great results. This legislation does nothing to improve a duplicative task force.

For these reasons, I vetoed the creation of this task force last year; for the same reasons I have vetoed House Bill 2090.

Opioid Abatement/Political Subdivision Grants: HB 2510 by Rep. Chris Kannady (R-OKC) and Sen. Roger Thompson (R-Okemah) amended the Political Subdivisions Opioid Abatement Grants Act in various ways.

The veto message is as follows: House Bill 2510 amends the Political Subdivisions Opioid Abatement Grant to allow grant awards from the Oklahoma Opioid Abatement Revolving fund to be used to reimburse attorney fees, provided the legal services agreement was entered into before May 1, 2020. This is a highly improper use of state resources. The Abatement fund is rightfully designed to help Oklahomans harmed by opioid addiction – not pay attorneys who have already been compensated for their efforts in suing pharmaceutical companies.

For these reasons, I have vetoed House Bill 2510.

TIF Reporting: SB 500 by Sen. Mary Boren (D-Norman) and Rep. Dick Lowe (R-Amber) required the Oklahoma Tax Commission to create and publish a report documenting the amount of increments of local taxes and fees apportioned via this section in the previous calendar year. Included must be the economic impact and estimate of the amount of funds benefiting public schools that were decreased because of the apportionments.

The veto message is as follows: Senate Bill 500 would require a city, town, or county to prepare and post on its website a disclosure report for any tax incentive finance (TIF) district it establishes. By their very nature, TIFs address local tax incentives and exemptions, not state taxes. While this information is already available and these municipalities are free to publish such a report on their own, SB 500 adds additional red tape. I have heard from multiple municipalities that this would be burdensome. My Administration is committed to decreasing bureaucracy, not adding to it. This Bill represents an unnecessary level of state government intrusion into a matter of local government.

For these reasons, I have vetoed Senate Bill 500.

49 © 2021 Oklahoma Municipal League, Inc.

2021 LEGISLATIVE INTERIM STUDIES

The House and Senate have announced their deadlines for interim study requests. Speaker Charles McCall announced the requests are due June 25 and the list of approved studies is July 23. Sen. Pro Tempore Greg Treat also announced June 25th as the deadline for interim study requests but will announce committee assignments for the requests no later than July 2nd. We will update this page as more information becomes available. We welcome your input on the studies that may impact municipal operations.

50 © 2021 Oklahoma Municipal League, Inc.

2021 LEGISLATIVE COMMITTEE

A special thank you to all of the members of the OML Legislative Committee for their time and dedication to ensuring the best for Oklahoma’s cities and towns.

Joan Riley, Chair Jed Cochran Mitch Hort Alan Riffel City Manager Chief of Intergovernmental Director of Development City Manager City of Sapulpa Relations Services City of Woodward City of Tulsa City of Yukon Jane Abraham, Vice Chair Tim Rooney Community and Dower Combs Nikki Lloyd City Manager Government Affairs Councilmember Mayor City of Mustang Manager City of Tahlequah City of Bethany City of Oklahoma City Randy Ross Kenneth Corn Jim Mickley Mayor Tracey Aaron City Manager Mayor City of Choctaw Court Clerk City of Anadarko City of Warr Acres City of Prague Elzie Smith Chad Denson Mike Miller City Manager Stephen Brinlee OKAPA President/Asst. City Manager City of Cleveland Mayor Director of Community City of Muskogee City of Wilburton Development Matt White City of Moore Stephen Mills Mayor Mike Brown City Manager City of El Reno Mayor Camille Dowers City of Lindsay City of Weatherford Clerk Tracey Aaron City of Newcastle Brooks Mitchell OMCCA Contact Mike Burdge City Manager Mayor Matt Dukes City of Moore City of Sand Springs Mayor City of Midwest City Homer Nicholson Greg Buckley Mayor Town Administrator Joe Don Dunham City of Ponca City Town of Carlton Landing City Manager City of Guymon Kim Peterson Karl Burkhardt OML President/Mayor Town Administrator Floyd Eason City of Guymon Town of Stonewall Mayor City of Del City Gene Reid Breea Clark Mayor Mayor Cody Holcomb City of Newcastle City of Norman City Manager City of Ada

Mike Fina, Executive Director Sue Ann Nicely, Deputy Director of Internal Operations/General Counsel Daniel McClure, Deputy General Counsel/Director of Research Jamie Smith, Membership Services Representative/Legislative Specialist Bill Phelps, Contract Lobbyist Missy Kemp, Legislative Consultant 51 © 2021 Oklahoma Municipal League, Inc.

OKLAHOMA STATE SENATE – FIRST SESSION OF THE 58TH LEGISLATURE

Senate Members District Phone Email Allen, Mark (R) 4 (405)521-5576 [email protected] Bergstrom, Micheal (R) 1 (405)521-5561 [email protected] Boren, Mary (D) 16 (405)521-5553 [email protected] Brooks, Michael (D) 44 (405)521-5557 [email protected] Bullard, David (R) 6 (405)521-5586 [email protected] Burns, George (R) 5 (405)521-5614 [email protected] Coleman, Bill (R) 10 (405)521-5581 [email protected] Dahm, Nathan (R) 33 (405)521-5551 [email protected] Daniels, Julie (R) 29 (405)521-5634 [email protected] David, Kimberly (R) 18 (405)521-5590 [email protected] Dossett, J. J. (D) 34 (405)521-5566 [email protected] Dossett, Jo Anna (D) 35 (405)521-5624 [email protected] Dugger, Tom (R) 21 (405)521-5572 [email protected] Floyd, Kay (D) 46 (405)521-5610 [email protected] Garvin, Jessica (R) 43 (405)524-5522 [email protected] Hall, Chuck (R) 20 (405)521-5628 [email protected] Hamilton, Warren (R) 7 (405)521-5604 [email protected] Haste, John (R) 36 (405)521-5602 [email protected] Hicks, Carri (D) 40 (405)521-5543 [email protected] Howard, Brent (R) 38 (405)521-5612 [email protected] Jech, Darcy (R) 26 (405)521-5545 [email protected] Jett, Shane (R) 17 (405)521-5539 [email protected] Kidd, Chris (R) 31 (405)521-5563 [email protected] Kirt, Julia (D) 30 (405)521-5636 [email protected] Leewright, James (R) 12 (405)521-5528 [email protected] Matthews, Kevin (D) 11 (405)521-5598 [email protected] McCortney, Greg (R) 13 (405)521-5541 [email protected] Merrick, Jake (R) 22 (405)521-5592 [email protected] Montgomery, John Michael (R) 32 (405)521-5567 [email protected] Murdock, Casey (R) 27 (405)521-5626 [email protected] Newhouse, Joe (R) 25 (405)521-5675 [email protected] Paxton, Lonnie (R) 23 (405)521-5537 [email protected] Pederson, Roland (R) 19 (405)521-5630 [email protected] Pemberton, Dewayne (R) 9 (405)521-5533 [email protected] Pugh, Adam (R) 41 (405)521-5622 [email protected]

52 © 2021 Oklahoma Municipal League, Inc.

OKLAHOMA STATE SENATE – FIRST SESSION OF THE 58TH LEGISLATURE

Senate Members District Phone Email Quinn, Marty (R) 2 (405)521-5555 [email protected] Rader, Dave (R) 39 (405)521-5620 [email protected] Rogers, Cody (R) 37 (405)521-5600 [email protected] Rosino, Paul (R) 45 (405)521-5618 [email protected] Simpson, Frank (R) 14 (405)521-5607 [email protected] Standridge, Robert (R) 15 (405)521-5535 [email protected] Stanley, Brenda (R) 42 (405)521-5584 [email protected] Stephens, Blake (R) 3 (405)521-5574 [email protected] Taylor, Zack (R) 28 (405)521-5547 [email protected] Thompson, Roger (R) 8 (405)521-5588 [email protected] Treat, Greg (R) 47 (405)521-5632 [email protected] Weaver, Darrell (R) 24 (405)521-5569 [email protected] Young, George (D) 48 (405)521-5531 [email protected]

53 © 2021 Oklahoma Municipal League, Inc.

OK HOUSE OF REPRESENATIVES – FIRST SESSION OF THE 58TH LEGISLATURE House Member District Phone Email Baker, Rhonda (R) 60 (405)557-7311 [email protected] Bashore, Steve (R) 7 (405)557-7399 [email protected] Bell, Merleyn (D) 45 (405)557-7386 [email protected] Bennett, Forrest (D) 92 (405)557-7404 [email protected] Blancett, Meloyde (D) 78 (405)557-7334 [email protected] Boatman, Jeff (R) 67 (405)557-7341 [email protected] Boles, Brad (R) 51 (405)557-7405 [email protected] Brewer, Denise (D) 71 (405)557-7361 [email protected] Burns, Ty (R) 35 (405)557-7344 [email protected] Bush, Carol (R) 70 (405)557-7359 [email protected] Caldwell, Chad (R) 40 (405)557-7317 [email protected] Caldwell, Trey (R) 63 (405)557-7307 [email protected] Conley, Sherrie (R) 20 (405)557-7308 [email protected] Cornwell, Rusty (R) 6 (405)557-7319 [email protected] Crosswhite Hader, Denise (R) 41 (405)557-7321 [email protected] Cruz, Jose (D) 89 (405)557-7397 [email protected] Culver, Bob (R) 4 (405)557-7408 [email protected] Davis, Dean (R) 98 (405)557-7362 [email protected] Dempsey, Eddy (R) 1 (405)557-7363 [email protected] Dills, Sheila (R) 69 (405)557-7331 [email protected] Dobrinski, Mike (R) 59 (405)557-7407 [email protected] Dollens, Mickey (D) 93 (405)557-7371 [email protected] Echols, Jon (R) 90 (405)557-7354 [email protected] Fetgatter, Scott (R) 16 (405)557-7373 [email protected] Ford, Ross (R) 76 (405)557-7347 [email protected] Frix, Avery (R) 13 (405)557-7302 [email protected] Fugate, Andy (D) 94 (405)557-7370 [email protected] Gann, Tom (R) 8 (405)557-7364 [email protected] Goodwin, Regina (D) 73 (405)557-7406 [email protected] Grego, Jim (R) 17 (405)557-7381 [email protected] Hardin, David (R) 86 (405)557-7394 [email protected] Hardin, Tommy (R) 49 (405)557-7383 [email protected] Hasenbeck, Toni (R) 65 (405)557-7305 [email protected] Hilbert, Kyle (R) 29 (405)557-7353 [email protected] Hill, Brian (R) 47 (405)557-7333 [email protected] Humphrey, Justin (R) 19 (405)557-7382 [email protected] 54 © 2021 Oklahoma Municipal League, Inc.

House Member District Phone Email Johns, Ronny (R) 25 (405)557-7336 [email protected] Kannady, Chris (R) 91 (405)557-7337 [email protected] Kendrix, Gerrid (R) 52 (405)557-7369 [email protected] Kerbs, Dell (R) 26 (405)557-7345 [email protected] Lawson, Mark (R) 30 (405)557-7414 [email protected] Lepak, Mark (R) 9 (405)557-7380 [email protected] Lowe, Dick (R) 56 (405)557-7401 [email protected] Lowe, Jason (D) 97 (405)557-7367 [email protected] Luttrell, Ken (R) 37 (405)557-7355 [email protected] Manger, Robert (R) 101 (405)557-7395 [email protected] Marti, T.J. (R) 75 (405)557-7356 [email protected] Martinez, Ryan (R) 39 (405)557-7342 [email protected] May, Stan (R) 80 (405)557-7338 [email protected] McBride, Mark (R) 53 (405)557-7346 [email protected] McCall, Charles (R) 22 (405)557-7412 [email protected] McDugle, Kevin (R) 12 (405)557-7388 [email protected] McEntire, Marcus (R) 50 (405)557-7327 [email protected] Miller, Nicole (R) 82 (405)557-7357 [email protected] Mize, Garry (R) 31 (405)557-7350 [email protected] Moore, Anthony (R) 57 (405)557-7325 [email protected] Munson, Cyndi (D) 85 (405)557-7392 [email protected] Newton, Carl (R) 58 (405)557-7339 [email protected] Nichols, Monroe (D) 72 (405)557-7391 [email protected] Nollan, Jadine (R) 66 (405)557-7390 [email protected] O'Donnell, Terry (R) 23 (405)557-7379 [email protected] Olsen, Jim (R) 2 (405)557-7315 [email protected] Osburn, Mike (R) 81 (405)557-7360 [email protected] Pae, Daniel (R) 62 (405)557-7374 [email protected] Patzkowsky, Kenton (R) 61 (405)557-7384 [email protected] Pfeiffer, John (R) 38 (405)557-7332 [email protected] Phillips, Logan (R) 24 (405)557-7306 [email protected] Pittman, Ajay (D) 99 (405)557-7393 [email protected] Provenzano, Melissa (D) 79 (405)557-7330 [email protected] Randleman, Randy (R) 15 (405)557-7375 [email protected] Ranson, Trish (D) 34 (405)557-7411 [email protected] Roberts, Dustin (R) 21 (405)557-7366 [email protected] Roberts, Eric (R) 83 (405)557-7409 [email protected] 55 © 2021 Oklahoma Municipal League, Inc.

House Member District Phone Email Roberts, Sean (R) 36 (405)557-7322 [email protected] Roe, Cynthia (R) 42 (405)557-7365 [email protected] Rosecrants, Jacob (D) 46 (405)557-7329 [email protected] Russ, Todd (R) 55 (405)557-7312 [email protected] Sims, Lonnie (R) 68 (405)557-7340 [email protected] Smith, David (R) 18 (405)557-7376 [email protected] Sneed, Chris (R) 14 (405)557-7310 [email protected] Stark, Marilyn (R) 100 (405)557-7403 [email protected] Steagall, Jay (R) 43 (405)557-7352 [email protected] Stearman, Wendi (R) 11 (405)557-7358 [email protected] Sterling, Danny (R) 27 (405)557-7349 [email protected] Stinson, Preston (R) 96 (405)557-7400 [email protected] Strom, Judd (R) 10 (405)557-7402 [email protected] Talley, John (R) 33 (405)557-7304 [email protected] Townley, Tammy (R) 48 (405)557-7326 [email protected] Turner, Mauree (D) 88 (405)557-7396 [email protected] Vancuren, Mark (R) 74 (405)557-7377 [email protected] Virgin, Emily (D) 44 (405)557-7323 [email protected] Waldron, John (D) 77 (405)557-7410 [email protected] Walke, Collin (D) 87 (405)557-7335 [email protected] Wallace, Kevin (R) 32 (405)557-7368 [email protected] West, Josh (R) 5 (405)557-7415 [email protected] West, Kevin (R) 54 (405)557-7343 [email protected] West, Rick (R) 3 (405)557-7413 [email protected] West, Tammy (R) 84 (405)557-7348 [email protected] Williams, Danny (R) 28 (405)557-7372 [email protected] Wolfley, Max (R) 95 (405)557-7314 [email protected]

56 © 2021 Oklahoma Municipal League, Inc.

GRASS ROOTS INVOLVEMENT PROGRAM (GRIP) ENROLLMENT FORM

In an effort to have a favorable outcome on legislation involving cities and towns, this program has been created for key municipal leadership actively involved in the legislative process.

The GRIP program will allow us to make quick contact with you, who in turn, can make quick contact with your legislator(s) on issues of importance to you during the legislative session. Whenever a contact needs to be made, you will be notified. These issues often turn on a few hours’ notice. When contacted, you will receive all the information that you will need on the issue via email. In critical situations, we may also reach out by phone.

NAME:

TITLE:

CITY/TOWN:

EMAIL:

PHONE/CELL:

MAILING ADDRESS:

Please describe the relationship that you have with state/federal officials whether or not he/she represents your city or town.

Name & Office How well known* Relationship

(Example) Sen. Terry Smith 1 Attends Church

*1-exceptionally 2-very well 3-well 4-not well

Issues that are of special interest to you:

Please mail, fax, or email this form to: Oklahoma Municipal League 201 N.E. 23rd Street Oklahoma City, OK 73105 FAX: (405) 528-7560 Email: [email protected]

57 © 2021 Oklahoma Municipal League, Inc.