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Advocate 03-18

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In This Issue Weather Delays Push Capitol Activity to Next Week 1 Issue No. 03-18 February 23, 2018 Small Cell Deployment Update 2 WEATHER DELAYS PUSH CAPITOL ACTIVITY TO NEXT WEEK Bills on the Move 2 Next Week at The Capitol 7 Rain, snow, sleet and thunder closed the Capitol building on Wednesday and Thursday. OML was ready to take on the challenges of stopping some bad bills for municipalities. Deadline to move bills from committees is March 1st. We will need YOU to take action and contact your legislators on these issues that greatly impact your municipality. Bond Advisor: SB 1032 by Sen. Josh Brecheen (R-Coalgate) provides new state requirements for the sale or placement of any lease-backed or lease revenue bond, note, lease or other obligation to construct or acquire any facility for the benefit of a municipality. Proposals are required from a list provided by the State Bond Advisor, if the lowest bidder is not selected, written justification must be provided to the State Auditor and the State Bond Advisor. Oklahoma Municipal The bill received a do pass recommendation in the Senate Appropriations League Subcommittee on Finance by a vote of 7-1. The bill has been scheduled to be heard in the full Senate Appropriations Committee on Wednesday. OML Advocate is published by the Oklahoma Municipal League. Forward Local Development Act: SB 1279 by Sen. Jason Smalley (R-Stroud) amends your comments or suggestions to: the Local Development Act in a number of ways including changes to historic preservation and tools of the act may not be used in areas where investment, Oklahoma Municipal League development and economic growth “is occurring at a rate consistent with, or 201 N.E. 23rd Street greater than, the governing body’s jurisdiction as a whole”. Tax increments shall OKC, OK 73105 only be allowed for that portion of the tax under jurisdiction of another local taxing Phone: 1-800-324-6651 / 405-528- entity by written agreement between the other local taxing entity and the 7515 governing body of the city, town or county. Fax: 405-528-7560 Email: [email protected] The bill received a do pass recommendation in the Senate Appropriations Internet: www.oml.org Subcommittee on Finance by a vote of 7-1. The bill has been scheduled to be heard in the full Senate Appropriations Committee on Wednesday. Election Restriction: HB 2671 by Rep. Chuck Strohm (R-Jenks) amends 26 O.S. Section 3-101 by altering available election dates for county, school district, technology center school district, municipality or other political subdivision elections for any purpose other than to fill an elective office. All currently available dates are removed and the “second Tuesday in February” is substituted. All other “elections shall be held 1 on the dates of the State Primary, Runoff Primary or authorities must terminate all existing contracts with General Elections or the state Presidential Preferential professional lobbyists and private entities that include a Primary Election”. scope of work to provide lobbying services for a licensing authority. No new lobbying services may be The bill is scheduled to be heard in the House Elections purchased using funds from procurement or the income and Ethics Committee on Wednesday. from a licensing authority’s activities. The bill contains further detailed regulations, limitations and Preemption/Lending Institutions: SB 1494 by Sen. prohibitions. Finally, no political subdivisions can Leewright (R-Bristow) prohibits any political subdivision enforce minimum wage laws that differ from this state’s from preventing, restricting or discouraging any lender minimum wage laws. from lending in compliance with Article 3 of Title 14A and Chapter 57 of Title 59. The prohibition also extends to SMALL CELL DEPLOYMENT BILLS UPDATE stopping a lender from operating in any location properly zoned for such commercial activities or to creating The first deadline is approaching next week and SB disincentives for making loans. 1388 by Sen. Greg Treat (R-OKC) and HB 2957 by Rep. Todd Thomsen (R-Ada) will be heard in committees. At The bill is scheduled to be heard in the Senate Business that time the title will be removed, rendering the bill and Commerce Committee on Thursday. harmless as we continue to work on the language. Preemption/Dockless Bikes: SB 1374 by Sen. Jason OML would like to extend our thanks to OMPA, MESO Smalley (R-Stroud) creates new law in Title 47 and our member cities for working so diligently on this regulating dockless bicycles defined as a bicycle, legislation. It is not a final product and we will continue including an electric bicycle, that is self-locking and is to keep you posted as these bills move forward. not connected to a docking station. The proposed committee substitute provides insurance requirements BILLS ON THE MOVE and mandates for a bicycle sharing company. It requires the Department of Tourism to oversee the registration of Here is a snapshot of bills impacting cities and towns. these bicycles. The proposed committee substitute also prohibits a political subdivision of the state from Law Enforcement/Vehicle Registration: HB 2736 by imposing a tax on, or requiring a license for, a bicycle Rep. Dell Kerbs (R-Shawnee) adds new law regarding sharing company for the provision of bicycle rental and noncommercial trailers as defined in the bill to Title 47 use or subject a bicycle sharing company to the political and places regulation of noncommercial trailers in subdivision's rate requirement, entry requirement, several existing sections of Title 47. operational requirement or other requirements. The bill was laid over in the House Transportation The bill is scheduled to be heard in the Senate Business Committee on Monday. and Commerce Committee on Thursday. Ambulance/Training Requirement: HB 2760 by Rep. Preemption Occupational Licensing: SB 1174 by Sen Leslie Osborn (R-Mustang) amends the Oklahoma Kimberly David (R-Porter) creates the Freedom to Work Emergency Response Systems Development Act by Act prohibiting a political subdivision from imposing any amending requirements for licensure and adding occupational fees or licensing requirements on any requirements for stretcher vans. profession if the political subdivision does not already impose occupational fees or licensing requirements on The bill received a unanimous “do pass” that profession. Existing regulation may continue on recommendation in the House Transportation Committee condition that the occupational fees do not exceed $25 on Monday. per year. If the fees exceed $25, then the licensing authority shall immediately reduce fees to the limits of Law Enforcement/Notification of Child Abuse or this bill. No regulations can add additional licensing Neglect: SB 1150 by Sen. AJ Griffin (R-Guthrie) requirements to those already imposed by a state requires a school employee who has reason to believe licensing authority. Municipalities must stop fees and that a student is a victim of abuse or neglect to report the licensing requirements if a state licensing authority matter promptly to the Department of Human Services imposes any new requirements on any profession that and to local law enforcement. It requires the reports be was previously unregulated by the state. Fees must be made via the department's anonymous hotline. The bill waived for low-income individuals and military defines applicable terms. The bill requires the State families. State and political subdivision licensing Department of Education to promulgate necessary rules. 2 The bill passed unanimously in the Senate Education Veteran Center/Talihina: HB 3042 by Rep. Tommy Committee and is now waiting to be heard on the Senate Hardin (R-Madill) creates the Oklahoma Veterans Floor. Facility Investment Act of 2018. The Department of Veterans Affairs is authorized to develop and construct a Government Entity/Religious Convictions: SB 1140 long-term care facility in Talihina. The Oklahoma Capitol by Sen. Greg Treat (R-OKC) prohibits a state or local Improvement Authority is authorized to issue obligations government entity from denying a private child-placing to acquire real and personal property for projects. agency any grant, contract, or participation in a government program because the agency’s objection to The bill received a do pass recommendation in the performing or parting in a placement violates the House A&B Committee by a vote of 18-8. It is now agency’s written religious or moral convictions or waiting to be heard on the House Floor. policies. Taxation/Notice of Elections/Settlement: HB 3156 by The bill was passed in the Senate Health and Human Rep. Earl Sears (R-Bartlesville) and Sen. Roger Services Committee and is now waiting to be heard on Thompson (R-Okemah) amends 11 O.S. Section 16- the Senate Floor. 103.1 by removing the current requirement that municipalities send to the Oklahoma Tax Commission Law Enforcement/Controlled Dangerous notice of biennial town meeting or resolution calling for Substances: SB 1175 by Sen. Josh Brecheen (R- its regular municipal elections. Under the bill, Coalgate) amends Uniform Controlled Dangerous municipalities would still send the notice to the country Substances Act by adding medical marijuana treasurer. In addition, the Tax Commission is authorized regulations. to settle a tax controversy in which the liability exceeds $25,000. Current law is $10,000. Changes are also The bill was passed unanimously with the title stricken in made to seizure of cigarettes or tobacco products. the Senate Health and Human Services Committee. It is now waiting to be heard on the Senate Floor. The bill received a do pass recommendation in the House A&B Committee by a vote of 25-1. It is now Employment/Discriminatory Wages: HB 1530 by waiting to be heard on the House Floor. Rep. Jason Dunnington (D-OKC) amends 40 O.S. Sections 198.1 and 198.2 regarding employer paying De-annexation/County Approval: SB 1259 by Sen.
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