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In This Issue Preemption Bills Are Dead This Session 1 Issue No. 11-18 April 26, 2018 Governor Vetoes E-Fairness Bill 1 PREEMPTION BILLS ARE DEAD THIS SESSION Bills on the Move 2 Bills Move to the Governor’s Desk 6 Yesterday marked the deadline to hear bills from the opposite House of Origin. Bills that were not heard by adjournment are dead for this Session. Of those bills Bills Signed by the Governor 6 that died were bills that OML opposed and worked to make sure they never saw the light of the dome. Two of them were as follows: SB 1465 by Sen. James Leewright (R-Bristow) and Rep. Tim Downing (R-Pauls Valley) would have prohibited any political subdivision from restricting, taxing, prohibiting or issuing any ordinance regulating the use, disposition or sale of auxiliary containers. Auxiliary container means any bag, cup, package, container, bottle or other packaging that is made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, post- consumer recycled material or similar material including, but not limited to, coated or laminated materials. Oklahoma Municipal League OML was up against the State Chamber and several lobbyists as we worked to assure this bill was not given a hearing. Thank you for reaching out to your OML Advocate is published by the Representatives and asking them to vote NO on SB 1465. It helped us conquer Oklahoma Municipal League. Forward this bill! your comments or suggestions to: SB 1374 by Sen. Jason Smalley (R-Stroud) and Rep. Josh Cockroft (R- Oklahoma Municipal League Tecumseh) created the preemption for dockless bikes. The bill would have 201 N.E. 23rd Street prohibited any political subdivision from imposing a tax on, or require a license for, OKC, OK 73105 a bicycle sharing company for the provision of bicycle rental and use or subject a Phone: 1-800-324-6651 / 405-528- bicycle sharing company to the political subdivision’s requirements for rates, entry, 7515 operational or other requirements. This bill was also on the House agenda but Fax: 405-528-7560 never heard on the House floor. Email: [email protected] Internet: www.oml.org GOVERNOR VETOES E-FAIRNESS BILL On Wednesday, Governor Mary Fallin vetoed SB 337 by Sen. Tom Dugger (R- Stillwater) and Rep. Greg Babinec (R-Cushing) stating that it was duplicative of HB 1019xx which was passed and signed into law during Special Session a few weeks ago. SB 337 required out-of-state vendors making sales of tangible personal property for use in this state that does not collect use tax to file an annual statement with the Tax Commission. The statement for each purchaser must show the total amount paid for Oklahoma purchases during the preceding 1 to file shall subject the retailer or vendor to a penalty of Law Enforcement/Fine: SB 1203 by Sen. Anthony $10 for each purchaser unless they show reasonable Sykes (R-Moore) and Rep. Dustin Roberts (R-Durant) cause of such failure. amends 47 O.S. Section 11-801 by altering speeding fines/costs for offenses in subsection B or F. For 1 to 10 Fallin stated in her veto message that “HB1019XX miles per hour over the speed limit for offenses occurring provides for remote sellers that had sales within this prior to November 1, 2022 the fine is $5 with costs and state of at least $10,000 within the last 12 months to fees not be exceed $95. The money is then divided in make an election to either file an annual statement with new law to various entities/purposes such as the District the Oklahoma Tax Commission of Oklahoma purchases Attorney, Sheriff, Attorney General, CLEET and the made during the preceding calendar year for each like. For an offense occurring on or after November 1, customer or collect and remit the tax on sales into the 2022 for 1 to 10 miles per hour over the limit the fine is state. No similar provision is contained in SB0337. The $10. Tax Commission has reported a positive response from remote sellers with the provisions of HB1019XX already The bill advanced off the House floor by a vote of 86-0. passed by this Legislature for collecting and remitting the tax on sales into the state. Those collections would not Firearms/Unlawful Carry: HB 2527 by Rep. Bobby only include the state tax but the tax for our cities and Cleveland (R-Slaughterville) and Sen. Nathan Dahm (R- counties as well." Broken Arrow) amends unlawful carry by adding county employees when acting in the scope of employment BILLS ON THE MOVE within the courthouses of the county. Here is a snapshot of bills impacting cities and towns. The bill advanced off the Senate floor by a vote of 34-5. Jails/Pregnant Inmates: HB 3393 by Rep. Ben Loring Law Enforcement/Controlled Dangerous (D-Miami), Rep. Chris Kannady (R-OKC), and Sen. A J Substances: HB 2796 by Rep. Tim Downing (R- Griffin (R-Guthrie) creates new law regulating penal Purcell) and Sen. A J Griffin (R-Guthrie) amends the institutions, detention centers and county jails requiring Uniform Controlled Dangerous Substances Act at 63 the least restrictive restraints necessary when the facility O.S. Section 2-302. It impacts persons who has actual or constructive knowledge that an inmate is manufacture, distributes, dispense, prescribe, pregnant. The bill contains comprehensive details. administers or uses for scientific purposes any controlled dangerous substances within “or into” this state. There The House rejected the Senate amendments and has are registration requirements and requested further conference. confidentiality mandates with exceptions for certain peace officers. The bill contains details. Pension Actuarial Analysis/Benefit Increase: HB 2985 by Rep. Avery Frix (R-Muskogee) amends the The bill advanced off the Senate floor with the title Oklahoma Pension Legislation Actuarial Analysis Act by restored by a vote of 39-1. altering the definition of a non-fiscal retirement bill. A non-fiscal retirement bill means a retirement bill which Municipal Court/Procedure: SB 689 by Sen. Greg does not affect the cost or funding factors of a retirement Treat (R-OKC) and Rep. Terry O’Donnell (R-Catoosa) is system or which affects such factors only in a manner a detailed bill exceeding 65 pages amending various which does not grant a benefit increase under the statutes in Title 22. Included are changes to the retirement system. This bill adds an exception for “cost- Oklahoma Community Sentencing Act impacting Court of-living adjustments provided to retirees of the of Criminal Appeals implementation of rules for retirement system”. New law in the bill grants a 4% establishing payment plans of fines, costs, fees and increase in retirement benefits to the Oklahoma assessments by indigents, risk and needs assessments, Firefighter and Police Pension Systems as well as other court procedures, intervention programs, sentencing state pension systems including the Oklahoma Public considerations, suspended sentences, deferred Employees Retirement System. Volunteer firefighters judgments and the like. The bill contains details. receiving benefits via 11 O.S. Section 49-101 shall receive a benefit equal to $7.83 for each year of credited The bill advanced off the House floor with the service not to exceed 30 years. Conference Committee Report adopted by a vote of 76- 13. A motion was made to suspend Joint Rules for the purpose of allowing immediate consideration. The County Jails/Maximum Capacity: SB 1442 by Sen. motion failed. Eddie Fields (R-Wynona), Sen. Kimberly David (R- 2 Porter) and Tim Downing (R-Purcell) amends 57 O.S. The bill passed the Senate by a vote of 33-3. Section 37 removing time frame requirements and language regarding receiving inmates by a penal facility Juveniles/Court Records: SB 224 by Sen. A J Griffin from a county jail. (R-Guthrie) and Rep. Chris Kannady (R-OKC) amends various sections of Title 10A regarding the confidentiality The bill advanced off the House floor by a vote of 78-14. of youthful offender court records. Post-Conviction Act/Forensic Evidence: SB 1464 by The bill has been enrolled with the House amendments Sen. Anthony Sykes (R-Moore) and Rep. Tim Downing adopted. (R-Purcell) amends 22 O.S. Section 1080 by adding forensic scientific evidence that was not available to be Sales Tax Exemption/Expansion: SB 906 by Sen. offered by a defendant at trial or that disputes forensic Frank Simpson (R-Ardmore) and Rep. Tommy Hardin scientific evidence relied on by the state at trial. (R-Madill) expands the disabled veterans sales tax The bill advanced off the House floor by a vote of 92-0. exemption by excluding the sale of a motor vehicle from the current annual limit of sales not to exceed $25,000. School Surplus Property/Housing Authority: HB The bill has been placed in the Senate General 1334 by Rep. Chuck Hoskin (D-Vinita) and Sen. John Conference Committee on Appropriations. Sparks (D-Norman) amends 70 O.S. Section 5-117 adding housing authorities to the entities eligible to Condemnation/Section Line Roads: SB 1377 by Sen. receive surplus school property without consideration. John Sparks (D-Norman) and Rep. Avery Frix (R- Muskogee) amends 69 O.S. Section 646 regarding the The bill advanced off the Senate floor by a vote of 36-3. county commissioner’s authority over section line roads involving a proposal to vacate. The bill contains details. Pension/Actuarial Analysis Act: HB 1340 by Rep. Randy McDaniel (R-Edmond) and Sen. Greg Treat (R- The bill has been placed in the House Conference OKC) amends the Oklahoma Pension Legislation Committee on Transportation.
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