May 22, 2020 In This Issue: Vetoes, Overrides, and Adjournment 1 Municipal Government COVID-19 Emergency Budget Act 1 VETOES, OVERRIDES, AND ADJOURNMENT Catastrophic Health Emergency Powers Act Stopped 2 Last week the House and Senate were busy wrapping up what was the last full week of the 57th Legislature, passing many bills and overriding Public Safety Districts 2 the Governor’s vetoes. Yielding his veto pen on Wednesday, May 13 for the first time this year, Governor Stitt vetoed SB 1922, the general appro- Sine Die 2 priations bill. Additionally, he vetoed HB 2741, HB 2742, and HB 2743. By 10:00 p.m. that evening, the legislature had successfully overridden all Bill Signed By Governor Stitt 3 four vetoes. Bills Became Law Over Objection Of Both the House and Senate considered a variety of bills containing amen- Governor Stitt 6 datory language addressing COVID-19 related issues, including an un- Bill Vetoed By Governor Stitt 6 successful effort to strip away local authority in a Catastrophic Health Emergency. The number of policy bills considered were dramatically low- Advocating for Your Community 7 er than in years past. The legislature’s goal was to wrap up their work by the end of last week, and they passed two resolutions to make it possible. Having both passed SCR 12 to Sine Die on May 29, 2020, Governor Stitt The Advocate is published by the had only five days to take action on the bills that were sent to him last Oklahoma Municipal League. week. He finalized those actions yesterday. While most bills were signed, Forward your comments or he vetoed an additional 13 bills as well as one line-item veto. The legisla- suggestions to: ture met this morning to attempt a veto override on seven of those bills. The override was successful in both chambers, with the following bills Oklahoma Municipal League now becoming law: HB 2749, HB 2750, HB 3819, HB 3824, HB 4018, HB 201 N.E. 23rd Street 4049, and SB 1002. OKC, OK 73105 Phone: 1-800-324-6651 After all overrides passed, the House and Senate adjourned Special Ses- 405-528- 7515 sion Sine Die pursuant to SCR 2X. And, pursuant to the provisions of SCR Fax: 405-528-7560 12, the Second Regular Session of the 57th Legislature will be deemed to Email: [email protected] stand adjourned Sine Die on Friday, May 29 at 5:00 p.m. MUNICIPAL GOVERNMENT COVID-19 EMERGENCY BUDGET ACT SB 187 by Sen. John Montgomery (R-Lawton) and Rep. Zack Taylor (R-Seminole) was signed by the Governor on Wednesday and went into effect that day. This OML request bill creates the “Municipal Government COVID-19 Emergency Budget Act”. To address municipal budgeting concerns due to COVID-19, the new law allows for a temporary budget not to exceed 6 months in duration. Additionally, it loosens some of the posting and process requirements due to the time constraints facing municipal governments. The following is an overview of the bill: 1 • Municipal governments may adopt a temporary budget if the municipal governing body determines adopting a yearly budget is not in the best interest of the municipal government due to the effects of the COVID-19 pandemic on revenue projections. • The temporary budget would be short term in nature not to exceed 6 months. It would have to meet all posting requirements in the Open Meetings Act. • Municipalities must also give a 5-day notice of the time, date, and place of the meeting where the Tempo- rary Budget will be considered by the Council. • The Act requires the Temporary Budget or a Temporary Budget Summary be available for public inspec- tion for at least 5 days. • The temporary budget may be altered or otherwise amended following standard budgeting procedures. • The process would expire after the current budget cycle and would not be an option for future fiscal years. • At the conclusion of the temporary budget, the municipal government shall adopt a permanent budget for the duration of the fiscal year. • The permanent budget would have to meet all existing notice requirements with the dates moved later in the year. This would include notice of the budget details and of the hearing. If you have additional questions, please contact [email protected]. CATASTROPHIC HEALTH EMERGENCY POWERS ACT STOPPED Thank you to everyone who reached out to their Senator(s) and asked them to vote “NO” on SB 1102 by Sen. Rob Standridge (R-Norman), and Rep. Kevin West (R-Moore). This bill attempted to modify the Catastrophic Health Emergency Powers Act by removing local officials’ authority during a catastrophic health emergency. Municipal voices were heard, and the Senate leadership refused to let the bill be heard on the floor on the last day of session. PUBLIC SAFETY DISTRICTS As a result of the COVID-19 pandemic, many good bills did not receive a hearing this session. HB 1992, the bill that would create Public Safety Districts, was no exception. Even though we received feedback from 31 of the 47 Senators that they would vote for the bill, leadership ultimately decided it would not make the list of bills to be considered this year. We will continue to work throughout the legislative interim to build support for Public Safety Districts in 2021. SINE DIE REPORT Our legislative team is beginning to work on the Sine Die Report, which is OML’s annual update on the legislation with municipal impact that was enacted and defeated this year. We will email the report and post it to our legis- lative webpage upon its completion 2 BILL SIGNED BY GOVERNOR STITT Section 1 of the bill went into effect on May 21, 2020. Public Finance/Jail Trusts: HB 2668 by Rep. Mark Lepak Sections 2 through 7 of the bill go into effect on July 1, 2020. (R-Claremore) and Sen. Adam Pugh (R-Edmond) adds jail trusts created by a board of county commissioner in a county Personal Privacy Protection Act: HB 3613 by Rep. Terry with a population greater than 600,000 to the list of political O’Donnell (R-Catoosa) and Sen. Julie Daniels (R-Bartlesville) subdivisions that are under the jurisdiction of courts of re- by Rep. Terry O’Donnell (R-Catoosa) and Sen. Julie Daniels cords for money judgements. (R-Bartlesville) is new law creating the Personal Privacy Pro- tection Act impacting a “public agency” which includes politi- The bill went into effect on May 20, 2020. cal subdivisions or any other local governmental unit, agency, authority, council, board or commission; or any state or local Sunset/Various Agencies: HB 2823 by Rep. Tom Gann (R-In- court. “Personal affiliation information” mean any record or ola) and Sen. Dave Rader (R-Tulsa) the bill sunsets various other compilation of data that identifies a person with any agencies through July 1, 2023. Some of those agencies impact 501(c) entity. It prohibits requiring individuals or a Section municipalities include: Construction Industries Board, Water 501(c) entity to provide this information or compel its release Quality Management Advisory Council, Hazardous Waste or public disclosure. In addition, a current or prospective con- Management Advisory Council, Solid Waste Management Ad- tractor must not be compelled to provide the public agency visory Council and Radiation Management Advisory Council. with a list of Section 501(c) entities to which it provides sup- port. The bill contains a list of what is not prohibited by the The bill goes into effect on July 1, 2020. Act. There is a penalty provision which includes fines, tre- ble damages, criminal penalties and the payment of costs, in- Initiative and Referendums: HB 2871 by Rep. David Perry- cluding attorney fees. Personal affiliation information cannot man (D-Chickasha) and Sen. J.J. Dossett (D-Sperry) authorizes release, publicize or publicly disclose any personal affiliation registered voters signing petitions who participate in the Ad- information. dress Confidentiality Program may use the address given to the registered voter by the Attorney General. The bill goes into effect on November 1, 2020. The bill goes into effect on November 1, 2020. Preemption/Building Codes: HB 3619 by Rep. Terry O’Don- nell (R-Catoosa) and Sen. Mark Allen (R-Spiro) amends 11 O.S. HIPPA: HB 2938 by Rep. Sheila Dills (R-Tulsa) and Sen. Joe Section 14-107 prohibiting municipalities and the county from Newhouse (R-Broken Arrow) permits the release of certain adopting real estate development building or construction or- medical information when such release is authorized or re- dinances, rules or codes restricting or prohibiting connections quired under the Health Insurance Portability and Account- to the facilities of utility providers lawfully operating in the ability Act of 1996. state. Nor may these entities discriminate in the adoption of The bill went into effect on May 21, 2020. such rules or codes against one or more utility providers based in whole or in part upon the nature or source of the utility Police Pension System: HB 3330 by Rep. David Perryman service provided. (D-Chickasha) and Sen. Lonnie Paxton (R-Tuttle) amends the Oklahoma Pension Legislation Actuarial Analysis Act by add- The bill goes into effect on November 1, 2020. ing to the definition of a non-fiscal retirement bill. It adds a Insurance Apportionments: HB 3864 by Rep. Kevin Wallace modification to the disability pension standard for members (R-Wellston) and Sen. Roger Thompson (R-Okemah) amends of the Police Pension System. If the injury results form a vi- 36 O.S. Section 6470.19 by allocating taxes from captive insur- olent act against the officer in the performance of their duty, ance companies to fund the state’s pension systems in various the Pension Board shall find a 100% disability.