By Constitution Staff

With the close of the legislative session approaching at the end of May, various bills are being considered by the Legislature. To still be in play in the current session, a bill had to be approved in the chamber of origin and be reported out of committee in the other chamber by April 9. The bill then must be approved on the floor of that chamber by April 23 to remain in contention. Here is a review of the status of some of the bills being considered this year:

Prescription Drug Abuse

On March 31 Gov. Fallin signed legislation taking aim at Oklahoma's prescription drug abuse problem. It was the first bill to be signed by the governor in the 2015 legislative session. House Bill 1948 seeks to reduce "doctor shopping," the practice of going to multiple physicians with requests for prescription narcotics, and to reduce the reliance on and inappropriate use of dangerous narcotics to treat pain. The law requires doctors to check a Prescription Monitoring Program (PMP) database before writing prescriptions for potentially dangerous and addictive drugs like oxycodone. Supporters of the bill say that by checking the database, doctors can reduce the likelihood that patients are seeking the same prescription drugs from more than one physician at a time. HB 1948 was authored by Rep. Doug Cox (R-Grove), a doctor, and Sen. A.J. Griffin (R-Guthrie). It passed 64-30 on February 9 in the House and 35-10 on March 31 in the Senate.

Legislative Process Reform

Senate Joint Resolution 30 by state Rep. Randy Grau (R-Edmond) and Senate President Pro Tempore Brian Bingman (R-Sapulpa) would put to a vote of the people a Constitutional amendment that would permit the Legislature to consider appropriation measures every year, but would restrict the Legislature to considering substantive measures in odd-numbered years only. Policy measures could be considered in budget years with the approval of two-thirds of members in both houses of the Legislature. Grau said that currently, 25 states have similar processes in place. He also noted that four states only meet every other year, 15 states meet every year but do a biennial budget and six other states have some sort of modified system for the consideration of budgets and/or substantive legislation. SJR 30 was approved by the Senate on March 11 and advanced to the House for consideration. It passed the House Rules Committee by a vote of 8-2 and awaits action by the full House.

Election System Reform

The full Senate easily passed three of the proposals introduced by Senator David Holt (R-Oklahoma City) to reform Oklahoma's election system. "The three proposals received overwhelming votes of support, and as a result we are well on our way to modernizing our state's election laws," said Holt. "In particular, I believe the strong vote for a secure online registration system represents a landmark for election reform in this state." The three pieces of legislation advancing to the House after Senate approval are:

Senate Bill 312 would consolidate all local candidate elections to one cycle in the spring or one cycle in the fall, minimizing voter fatigue. As an example, in Oklahoma City this year, school board and career tech board elections were held in February, but city council elections were held in March. The House author is Rep. Jon Echols (R-Oklahoma City). The bill passed the Senate 45-0 on March 12. The bill was amended and passed by the House 61-25 on April 15, and returned to the Senate where the House amendments were rejected and a conference committee requested.

Senate Bill 313 authorizes the Oklahoma State Election Board to create a secure online system where citizens with a driver's license may submit a voter registration application. Over half the states offer this modern accommodation. Younger voters especially are not used to a world where such tasks cannot be accomplished online. The House author is Rep. Gary Banz (R-Midwest City). The bill passed the Senate 37-2 on March 12, and the House 61-29 on April 13. Gov. Fallin signed the bill on April 17.

Senate Bill 315 would allow voters to be placed permanently on the absentee voter list, rather than the current practice of requiring an application each year. The House author is Rep. Elise Hall (R-Oklahoma City). The measure passed the Senate 38-7 on March 12. The bill was sent to the House Rules Committee where it failed to emerge before the deadline.

Updating Voter Registration Rolls

Senate Bill 114, by Sen. Gary Stanislawski (R-Tulsa) , allows any state agency that purchases, subscribes to, or is an authorized or licensed user of the United States Postal Service's National Change of Address dataset to share the records with the State Election Board. The bill allows the Secretary of the State Election Board to utilize records from the dataset to determine if a registered voter in the State of Oklahoma has changed his or her address of residence. The bill passed the Senate 45-0 on March 10. It was amended and passed the House by a vote of 67 to 20 on April 14. It was returned to the Senate which rejected the House amendments. A Conference Committee has been requested to resolve amendments.

Oklahoma Ballot Access

House Bill 2181 authored by House Speaker Jeff Hickman (R-Fairview) would reform Oklahoma's ballot access laws. The state's restrictions on additional political parties are among the most stringent in the nation. Currently, those who wish to form a new party must collect signatures from 5 percent of Oklahoma voters who voted in the most recent election for Governor or President, which in 2014 required 66,744 signatures. HB 2181 proposed changing the threshold to 1 percent of the last gubernatorial election, just more than 8,000 signatures. Oklahoma's restrictive ballot law was implemented in 1974 replacing the previous requirement of only 5,000 signatures. "There is no reason to be afraid of a debate of ideas between more than two political parties or to be afraid of ballot access systems which work in most other states," said Hickman. Sen. Marty Quinn (R-Claremore) is the Senate author. The measure passed the House 90-0 on March 10. A Senate committee amended the required percentage of registered voters needed to 3 percent. The bill was approved by the Senate 37-4 on April 22.

Election of Governor and Lt. Governor Together

House Joint Resolution 1019 by Rep. Gary Banz (R-Midwest City) proposes a vote of the people on a constitutional amendment that would provide for voters to cast one vote for both the office of Governor and Lieutenant Governor. The proposed amendment does not dictate how the nominees for the two offices would be selected, leaving it to the Legislature to develop rules for the selection process. Sen. Ron Justice (R-Chickasha) is the Senate author. The measure passed the House by a vote of 52 to 44 on March 9. It was approved in the Senate committee and awaits action by the full Senate.

School Choice

Senator Clark Jolley (R-Edmond) announced that he would hold Senate Bill 609 over until the 2016 session enabling supporters to work throughout the interim to address questions about the benefits of the school choice plan. Authored by Jolley in the Senate and Rep. Jason Nelson (R-Oklahoma City) in the House, the legislation would create Education Savings Accounts (ESAs), giving parents more options for their child's education. Education savings accounts would enable more Oklahoma parents to make that choice for their child by allowing them to use part of his or her state education funding to pursue the schooling that best suits a student's needs. Public schools would actually see an increase in per-pupil revenue as a result of this plan. Other states already offer this option for education.

Rural Charter Schools

Legislation approved by the House would allow rural school districts to sponsor a charter school. Senate Bill 782 by Sen. Clark Jolley (R-Edmond) and Rep. Lee Denney (R-Cushing) allows school districts to adopt a charter school model. It also provides a way for the community to override a school board in order to create a charter school. "After Oklahoma allowed public charter schools in our largest school districts, we have seen their successful implementation," said Denney. "Now, we are expanding that option to all school districts in Oklahoma. The decision to use the charter school option will be a local decision, under my legislation. It will be either a decision of the local school board or the community." The measure has the support of the Oklahoma State School Boards Association, the Cooperative Council for Oklahoma School Administration, the National Alliance for Public Charter Schools, the Oklahoma Public Charter School Association, the Oklahoma Public School Resource Center, the Oklahoma Education Workforce Initiative and various chambers of commerce from around the state. The bill was amended an approved by a vote of 64-31in the House on April 14. The Senate accepted the House amendments 35-7 on April 16. Gov. Fallin signed the bill on April 24.

Payroll Deduction for Unions

House Bill 1749, by Rep. Tom Newell (R-Seminole) and Sen. Nathan Dahm (R-Broken Arrow) prohibits a state agency from making payroll deductions on behalf of an employee for membership dues in any public employee association or professional organization that collectively bargains on behalf of its membership. Members would have to pay the unions directly instead of the agency collecting the money for the unions. The bill passed the House 59-39 on February 18 and the Senate 27-16 on March 26. It was signed by Gov. Fallin on April 2.

Marriage Reform

State Rep. Todd Russ (R-Cordell) praised his House colleagues for supporting a measure to get government out of marriage and resolve a critical issue in the same-sex marriage controversy. "The point of my legislation is to take the state out of the process and leave marriage in the hands of the clergy," said Russ. "Marriage was historically a religious covenant first and a government-recognized contract second. Under my bill, the state is not allowing or disallowing same-sex marriage. It is simply leaving it up to the clergy." House Bill 1125 would replace a state-issued marriage license with a clergy-issued marriage certificate which could be filed at the county courthouse. The original statute on marriage proclaimed it must be between two people of the opposite sex. Russ left this language in his version of the bill. After coming out of committee, the bill had "person of opposite sex" struck out. It therefore acknowledges the rights of same-sex couples to be married in Oklahoma. The legislation was approved by a vote of 67-24 in the House on March 10, but failed to be voted out of the Senate Rules Committee.

Protecting Clergy and Churches

Two bills, one in the Senate and one in the House, would protect clergy or churches from participating in same-sex marriage ceremonies which conflict with their religious beliefs.

Senate Bill 788 would protect clergy members and others who are authorized to perform marriage ceremonies from being required to perform those duties if it conflicts with the officiant's religious beliefs. The bill, authored by Sen. Dan Newberry (R-Tulsa), passed the Senate 39-6 March 11. It would not only protect officiants who are authorized by law to solemnize a marriage, it would also shield churches from being required to participate in ceremonies that might conflict for religious reasons. Newberry says the measure would address certain loopholes in the law that many pastors and ministers have expressed concern about and would lay the foundation to protect the religious liberties of Oklahoma clergy and religious organizations in the event the nation passes a law requiring it in the future. "This bill wouldn't prevent anyone from seeking marriage services, but it will protect those ministers, pastors and other religious figures who don't want to be forced by the law to perform a marriage or services that may not align with their religious principles," said Newberry. The House author is Rep. Jon Echols (R-Oklahoma City). The bill passed House 87-8 on April 22 and was sent to the governor for consideration.

House Bill 1007 by Rep. David Brumbaugh, provides that no regularly licensed, ordained or authorized official of any religious organization will be required to solemnize or recognize any marriage that violates the official's conscience or religious beliefs. It also provides that a regularly licensed, ordained or authorized official of any religious organization will be immune from any civil claim or cause of action based on a refusal to solemnize or recognize any marriage that violates the official's conscience or religious beliefs. The measure passed the House 88-7 on February 12. It was approved by the Senate 35-5 on April 22. Gov. Fallin signed the bill on May 1.

Convention of the States

Two bills, one in each chamber, call on Congress to authorize a convention of the states to propose amendments to the Constitution of the United States. Such a convention is authorized under the provisions of Article V of the Constitution of the United States, but one has never been called. Conservatives are split on such proposals. The main argument of opponents is that the risks far outweigh any potential benefits which could come from such a convention. They argue that such a convention could not be limited, and could result in a runaway convention that replaces our present Constitution with a new document. Many conservatives are also skeptical that any amendment that emerges from such a convention would survive in a viable form. They say it would have to be watered down in order to gain the support of enough representatives from the states to be approved by the convention.

Sen. Rob Standridge (R-Norman) is the Senate author of Senate Joint Resolution 4, which is an application to Congress calling for a Convention of the States to propose amendments that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of its officials and for members of Congress. The House author is Rep. Jon Echols (R-Oklahoma City). The Senate approved the measure 26-20 on March 11. It was rejected in the House 56-42 on April 21. The House adopted a motion to reconsider the vote on April 23, but a new vote was not held.

House Joint Resolution 1018 by Rep. Gary Banz (R-Midwest City) applies to Congress to call a convention of the states limited to proposing an amendment to the Constitution of the United States requiring that in the absence of a national emergency the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year, together with any related and appropriate fiscal restraints. The resolution was approved in the House by a vote of 53 to 42. It was amended in the Senate committee on April 8 and was sent to the full Senate which failed to vote on the measure before the required deadline.

State Constitutional Convention

House Joint Resolution 1020 by Rep. Gary Banz (R-Midwest City) would submit to the people for their approval or rejection a call for a state Constitutional Convention for the purpose of altering, revising, or amending the current Constitution, or to propose a new Constitution for the State of Oklahoma. The resolution establishes procedures for the convention. The resolution passed the House 83-8 on March 4. It gained Senate committee approval on April 8 and was sent to the full Senate which failed to vote on the measure before the required deadline.

Texting While Driving

Senate Bill 821 would make it illegal to operate a motor vehicle while using a hand-held electronic device to compose, send or read electronic messages while driving. The measure was approved 42-3 in the Senate on March 11. Under the provisions of SB 821, the law would be enforced as a secondary offense, meaning an individual would have to be detained for another suspected violation of another traffic law to be cited for texting and driving. Those convicted of breaking the law could be fined up to $100 per violation. The law wouldn't apply if the person was using their cell phone to contact law enforcement, an emergency operator, firefighters or other emergency responders. Sen. Brian Crain (R-Tulsa) acknowledged the fact that the bill could have been stronger, but said it was an important first step in addressing the problem of texting while driving. Sen. Ron Sharp (R-Shawnee) was among a handful of members who introduced legislation addressing texting while driving this session. He debated in favor of the bill, pointing to polling that showed the majority of Oklahoma supported an anti-texting while driving law. The bill moved to the House where it was assigned to the Rules Committee and failed to be approved before the deadline.

While the Senate bill failed to be approved, House Bill 1965 by state Rep. Terry O'Donnell (R-Catoosa) strengthens language aimed at preventing texting while driving. "The ban on texting while driving is a long-term investment into the safety of those using our roads and highways. When our state passed drinking and driving laws and mandatory seatbelt laws, little changed overnight. But eventually the attitudes of drivers changed and lives were saved," said O'Donnell. According to the Governors Highway Safety Association, 44 states currently have a texting ban on drivers. The Senate author is Sen. Ron Sharp. It was originally approved by the House 96-2 on Februay 24. It was amended and passed the Senate 38-6 on April 8. It returned to the House which accepted the Senate amendments and gave final approval by a vote of 85-7 on April 29. The Senate added two amendments, reducing a $150 offense to $100 as well as making texting while driving a primary offense. It now heads to the governor's office for consideration . If signed into law by the governor, the texting while driving ban would go into effect Nov. 1.

Driver Drug Testing

A measure aimed at improving drug testing methods was signed into law by Gov. Mary Fallin. House Bill 1494, by state Rep. Mike Ritze (R-Broken Arrow) improves drug testing devices for impaired driving and he said the provisions entailed in the measure cover screening devices important to the fight against impaired driving. "When the technology is fully vetted by the board, the drug screening devices will expand law enforcement officers' abilities to identify and detect drug impaired drivers," said Ritze. "The National Highway Traffic Safety Administration recently released a report indicating drug impaired driving is skyrocketing. We have to protect our citizens and our streets from this concerning rise and this bill aides in that mission." Ritze, a physician and surgeon with a Master's Degree in Forensic Science, said the bill also extends the sunset on the Board of Tests for Alcohol and Drug Influence from July 1, 2015 to July 1, 2022. The bill also states that the board is required to set rules and uniform standards for devices, equipment, procedures and techniques for screening tests. As stated in the measure, collection and analysis of a person's blood, breath, saliva or urine, to be considered valid and admissible in evidence, shall have been performed in compliance with the rules adopted by the Board of Tests for Alcohol and Drug Influence. Also, an individual possessing a valid permit issued by the Board for this purpose or shall have been performed by a laboratory accredited in Toxicology by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board. HB 1494 passed the House 89-3 on February 17 and the Senate 33-11 on April 14. Gov. Fallin signed the bill into law on April 21. It goes into effect July 1.

Death Penalty

House Bill 1879 by Rep. Mike Christian (R-Oklahoma City) requires death sentences to be carried out by nitrogen hypoxia if lethal injection is held unconstitutional or is unavailable. The measure moves to replace the current multi-drug lethal injection format. When oxygen is present, nitrogen is a normal and harmless gas found in 78 percent of the Earth's atmosphere. When oxygen is removed, nitrogen is deadly to humans. The nitrogen inhalation process would not require assistance of licensed medical professionals; nitrogen is readily available for purchase; and death sentences carried out by nitrogen inhalation wouldn't depend upon the cooperation of the offender being executed. "Breathing pure nitrogen without oxygen will result in the person becoming unconscious within eight to 10 seconds -- death will follow a few minutes later," Christian said.State Sen. Anthony Sykes (R-Moore) is the Senate author. The bill passed out of the House 85-10 on March 3, and the Senate 41-0 on April 9. Gov. Fallin signed the bill on April 17.

Another measure, Senate Joint Resolution 31, also by Sen. Sykes, would call for a vote of the people on a constitutional amendment stating that methods of execution can be changed, and stating that the death penalty is not cruel and unusual punishment. The resolution was approved unanimously on a vote of 44-0 on March 9 and the House 80-10 on April 9. Legislative referendums do not require approval of the governor, so the proposed constitution amendment was sent to the Secretary of State and will be placed on the next general election ballot.

Eminent Domain

House Bill 1008 would provide a longer notice and more public hearings before local governments could take private property using eminent domain. The bill by state Rep. David Brumbaugh (R-Broken Arrow), would modify the urban renewal plan notification process by requiring at least two public hearings before adoption of or amendment to an urban renewal plan. The first public hearing would be for the municipality or county to provide information only to interested parties. The second hearing would be for the purpose of allowing concerned or interested parties to express their views on the proposed plan or plan amendments. "The goal is to provide greater transparency to the process for the public and allow more open discussion with an improved notice period and enhanced website posting," said Rep. Brumbaugh. The bill also modifies within the statute the definition of "blighted area." The bill would remove from the definition the following considerations: "population overcrowding," "inadequate parcel size," and "arrested economic development." The bill passed the House 86-6 on March 9 and the Senate 44-0 on April 14. Gov. Fallin approved the bill on April 21.

Municipal Annexation

A measure that would protect the property rights of Oklahomans by restricting how small municipalities annex land cleared the Senate and is now heading to the governor's desk for consideration. House Bill 1456, by state Rep. James Leewright ( R-Bristow), would modify municipality annexation procedures by requiring written consent of at least a majority of the property owners to be annexed. The bill also prohibits municipalities of less than 12,000 citizens from annexing more than eight square miles at one time. Supporters of the measure included the Oklahoma Municipal League and the Oklahoma Farm Bureau. Leewright said the state should protect property owners who do not want to be annexed. "One of the longstanding foundations of private property law is the right of landowners to use and dispose of their own property as they desire," said Leewright. "If we are not willing to protect private property, then I believe we are headed in the wrong direction, because private property rights equate to liberty. I am very thankful for my colleagues in the House and Senate who understand this fundamental truth." The bill passed the House 85-4 on March 4 and the Senate of 45-0 on April 14. Gov. Fallin signed on April 21. The law will take effect on November 1.

Cold Beer and Wine Sales

Senate Bill 383 by Sen. Stephanie Bice (R-Oklahoma City) and Glen Mulready (R-Tulsa) allows a retail package store to store to sell beer at below room temperature. The bill requires the retail sales of alcoholic beverages to be the original sealed package by licensed privately owned and operated retail stores in cities and towns having a population over 200 persons. The bill allows for the sale of goods, wares or merchandise to be sold on the same premises on which retail alcoholic beverages are sold. The bill requires the space in which retail alcoholic beverages are sold or displayed to be secured by a door or closure approved by the ABLE Commission during times that sales are prohibited. Oklahoma is one of only five states where 3.2 beer is still sold, although in another of those states, Kansas, efforts are underway to "modernize" their liquor laws. SB 383 was approved by the Senate on by 33-10 on March 11. The measure was amended and approved by the House 68-21 on April 15. It was returned to the Senate for consideration of the House amendments.

Wine Shipment

House Joint Resolution 1002, by state Rep. Dan Kirby (R-Tulsa) and Kim David (R-Wagoner) would allow the citizens of Oklahoma to vote on a constitutional amendment to allow wineries licensed by the Alcoholic Beverage Law Enforcement (ABLE) Commission to sell and ship wine directly to consumers who have visited the winery in person and purchased the wine on the premises. "Oklahoma is one of only a handful of states with archaic liquor laws that ban direct-to-customer shipping of wine, and there is a tremendous economic growth opportunity for these businesses," said Rep. Kirby. The resolution cleared the House by a vote of 58-37 on March 9 and gained approval of a Senate committee. It failed to be considered by the full Senate before the deadline.

Abortion Waiting Time

House Bill 1409 by Rep. Lisa J. Billy (R-Lindsay) and Sen. Greg Treat (R-Edmond) increases the time period of voluntary and informed consent prior to an abortion to 72 hours. It requires printed materials concerning abortion to contain the statement, "Abortion shall terminate the life of a whole, separate, unique, living human being." The bill requires any facility performing abortions that has a website to publish an easily identifiable link on the homepage of such a website that directly links to the State Board of Medical Licensure and Supervision's website that provides informed consent material under the Woman's Right-to-Know Act. It specifies how the link must look and what it should say. The bill passed the House 89-9 on February 11. It was amended and approved in the Senate 41-4 on April 21 and returned to the House for consideration of the Senate amendments. The House adopted the amendments and gave final approval of the bill 75-3 on April 30 and the sent it to the governor for consideration.

Dismemberment Abortion

House Bill 1721, by Rep. Pam Peterson (R-Tulsa) and Sen. Josh Brecheen (R-Coalgate), establishes the Oklahoma Unborn Child Protection from Dismemberment Abortion Act. The bill makes it unlawful to perform or attempt a dismemberment abortion unless necessary to prevent serious health risk to the mother. This bill stops a "Dismemberment Abortion" which means, "with the purpose of causing the death of an unborn child, purposely to dismember a living unborn child and extract him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush, and/or grasp a portion of the unborn child"s body to cut or rip it off." The bill states only a physician or someone acting as a physician may be liable for performing a dismemberment abortion. The bill specifies who may maintain a cause of action for injunctive relief or civil damages against someone who has performed such an abortion. It states violators will be fined $10,000 and/or imprisoned for not more than two years. The bill passed the House 84-2 on February 26 and the Senate 37-4 on April 8. It was signed into law by Gov. Fallin on April 13.

Farming and Ranching

House Joint Resolution 1012, by Rep. Scott Biggs (R-Chickasha) and Jason Smalley (R-Stroud) The resolution proposes a vote of the people on a constitutional amendment to guarantee the rights of farmers and ranchers to engage in farming and ranching practices. It prohibits the Legislature from approving any law which abridges the right of farmers and ranchers to employ agricultural technology and livestock production and ranching practices without a compelling state interest. It specifies that nothing in this measure should be construed to modify any provision of common law or statues relating to trespass, eminent domain, or any other property rights. While generally supported by conservatives, some are opposed to the bill claiming it is a trojan horse which could be counter productive in the future because of the way it is written. It was approved by the House 90-6 on March 10. It received a do pass recommendation in the Senate committee as amended on April 8. The resolution was amended and approved by the Senate 39-6 on April 21and returned to the House for consideration of the Senate amendments. The amendments were adopted and the House gave final approval 85-7 on April 29. Legislative referendums do not require approval of the governor, so the proposed constitution amendment was sent to the Secretary of State and will be placed on the next general election ballot.

Commercial Driver's License for Offenders

House Bill 2179 by Speaker Jeff Hickman (R-Fairview) and Sen. A.J. Griffin (R-Guthrie) would change current law to allow nonviolent offenders who are on probation to obtain a commercial driver's license, thus increasing their marketability to employers during that probation time-period. Currently, the Department of Public Safety allows people on probation to obtain a provisional noncommercial driver's license only. Rehabilitated offenders on average owe hefty fines to DPS when they are released which financially prevents them from obtaining a CDL for employment. This bill allows them to pay $25 a month toward those fines and obtain a CDL. Offenders who are not on probation and have a suspended or revoked CDL license due to DUI will not be eligible. The bill passed the House 91-4 on March 11, and the Senate 43-0 on April 13. Gov. Mary Fallin signed the bill on April 20.

Open Carry for Reformed Offenders

Legislation to allow an individual convicted of a drug misdemeanor to obtain an open carry permit was signed by Gov. Fallin on May 17. It had been approved 88-6 on April 13 in the House. It was earlier approved 47-0 by the Senate on February 24. Senate Bill 164, by Sen. Gary Stanislawski (R-Tulsa) and Rep. Steve Vaughan (R-Ponca City) will allow individuals with a misdemeanor conviction to apply for an open carry permit 10 years after they complete their sentence and/or parole. Vaughan said he was pleased by the passage of the legislation. "This was originally a constituent request although it touches many Oklahomans who have made poor choices in their youth and lost the privilege of a carry permit because of a small misdemeanor," said Vaughan . "This legislation will help erase the stigma of youthful indiscretion and allow concealed carry permits for those who have paid their debt to society and wish to protect themselves and their families."

Wind Farm Subsidies

On March 10 the Senate approved two measures, Senate Bill 498 and Senate Bill 501, to reform tax breaks for new wind farms in Oklahoma. Sen. Mike Mazzei (R-Tulsa) is principal author of the measures, which would take effect beginning January 1, 2016. SB 498 would adjust the state's ad valorem policy to change the exemption for wind manufacturing that requires specific job creation in order to qualify for the tax exemption. SB 501 would reduce zero emissions tax credits over a five year period and establish a $6 million statewide cap. "If we fail to adjust these incentives, the consequences to state services could be devastating. Looking at the combined impact of tax breaks for current and planned industrial wind facilities, the cost is projected to be at least $700 million over a ten year period," Mazzei said. "I have long supported the use of incentives to boost job growth, but I believe there is an increasing awareness that we must exert greater oversight over these incentives to make sure they are doing what they were designed to do without costing more than they generate for our state." Both measures were approved by the Senate 45-0 on March 10 and advanced to the House. Rep. Earl Sears (R-Bartlesville) is the principal House author for both bills. SB 498 was amended and approved in the House 78-3 on April 16 and returned to the Senate for consideration of House amendments. SB 501 failed to receive approval by the House committee and is dead for this session.

Tax Credit Reform

On April 21, the Senate and House each gave final approval to two proposals that would develop a system for evaluating tax credits and economic incentives to determine their effectiveness. Authored by Senate President Pro Tempore Brian Bingman (R-Sapulpa )and House Speaker Jeff Hickman (R-Fairview), Senate Bill 806 requires that any economic incentive include a measurable goal or goals when enacted. House Bill 2182 will provide legislators with independent data on economic incentives, including estimated fiscal impacts and assessments of whether incentives are achieving their goals. The late Rep. David Dank was recently made the principal author of the bill, which is sponsored by President Pro Tempore Bingman. Dank was a longtime advocate for tax credit reform in the Legislature. Bingman said the reforms would enable lawmakers to make more fiscally sound decisions on economic development policy. HB 2182 was approved in the Senate by a vote of 46-0. It had been approved by the House 90-4 on March 11. SB 806 was approved in the House by a vote of 92-0. It had been approved by the Senate 42-0 on March 4. Both bills were approved by the governor on April 27.

Rural Opportunity Zone

House Bill 1747 by state Rep. Tom Newell (R-Seminole) and Sen. Mike Schulz (R-Altus) allows for the creation of 25 Rural Opportunity Zones across the state. For taxable years beginning in 2016, this legislation would allow for a five-year tax exemption for anyone who moves from out-of-state into a county projected to see a population loss between the effective date and 2075 per the 2012 Demographic State of the State Report -- Oklahoma State and County Population Projections through 2075. "Our vibrant, rural communities are essential to the overall health of the state economy. My legislation creates a tool that helps community leaders recruit doctors, nurses, teachers and skilled workers. Many of these counties compete directly with Texas, which has no income tax and rural counties in Kansas which has its own version of Rural Opportunity Zones," said Newell. The bill passed the House by a 64-11 vote on February 24. The bill was amended and approved in Senate 41-2 on April 21 and returned to the House for consideration of the Senate amendments. The House rejected the Senate amendments. A Conference Committee has been requested to resolve amendments.

Tourism Improvement Districts

Senate Bill 647 would allow for the creation of Tourism Improvement Districts otherwise to be known as TIDs -- not to be confused with TIFs which is an acronym for a different government economic development program. Under the proposal, a group of business owners could ask for a vote to create a TID. If 51% of those listed agreed, an assessment would be levied against all of those businesses in the district and that money would be used for "marketing purposes." The business owners must pay the new tax even if they have no need for the marketing effort; or, if the business isn't properly represented in the marketing materials. Since the legislation did not put a cap on the amount of the tax which could be assessed; the assessment could completely match and erase the profit margin of the small business owner. It passed the Senate 35-7 on March 10, but failed in the House, 67-23 on April 9.

Proton Therapy Coverage

Legislation signed into law by Gov. Fall will encourage insurance companies to cover proton therapy treatment, according to the bill's author. House Bill 1515, by Rep. Marian Cooksey (R-Edmond), would prohibit health benefit plans from subjecting proton radiation therapy to a higher standard of evidence than other radiation therapy when making coverage decisions. Cooksey said that proton radiation therapy is easier on the body, often resulting in less short and long-term side effects. "Proton therapy is commonly understood as a better treatment option with FDA approval, but some insurance companies have stopped providing coverage for this particular radiation treatment." said Cooksey. Proton therapy was approved for cancer treatment by the Food and Drug Administration in 1988. It is the preferred treatment for lung, breast, neck, head and brain tumors, prostate and pediatric cancers. Proton therapy, as opposed to traditional radiation therapy, does not destroy healthy tissue and organs. Despite the fact that proton therapy is considered safe and effective even by stringent FDA and Medicare standards, a handful of insurance companies are changing their policies to require that proton therapy now must meet an even higher level of clinical evidence that has never been required for other forms of radiation therapy. The bill passed the House 97-0 on March 11 and the Senate 36-9 on April 13. Gov. Fallin signed approved ton April 20. The new law will take effect Nov. 1.

Addressing Teacher Shortage

State Superintendent of Public Instruction Joy Hofmeister praised Gov. Mary Fallin for signing legislation aimed at alleviating the teacher shortage. Senate Bill 20 makes it easier for teachers who have moved to Oklahoma from other states. Under the measure, teachers with a valid out-of-state teaching certificate can teach in Oklahoma classrooms, provided it is the subject or grade level most closely aligned with their certification. The measure ensures these qualifying teachers would not have to take a competency test or pay costs of additional credentialing. "SB 20 is a commonsense measure that gives our state another arrow in its quiver when it comes to targeting the teacher shortage," said Hofmeister. "This legislation eases the path for seasoned teachers from other states to teach in Oklahoma classrooms." The bill is authored by state Sen. Ron Sharp (R-Shawnee) and Rep. Katie Henke (R-Tulsa). The bill passed the Senate 47-0 on February 25 and the House 87-4 on April 15. It was signed by Gov. Fallin on April 21.

Human Trafficking Wiretap

Legislation signed into law by Gov. Mary Fallin will expand wiretapping statutes to cover crimes of human trafficking for labor, commercial sex and the prostitution of children. The wiretapping authority given to law enforcement by House Bill 1006 will help those officers and law enforcement catch traffickers without relying on the testimony of victims, bill author Rep. Sally Kern (R-Oklahoma City) said. "If we really want to fight the crime of human trafficking, we need to give law enforcement the tools they need to arrest those who are profiting from the selling of human beings," said Kern. "Victims are afraid of their trafficker and fear for their life if they testify against their pimp. If law enforcement officers have the ability to wiretap conversations between a victim and his or her trafficker, testimony may not be necessary." The practice of wiretapping includes many safeguards to protect law-abiding citizens, Kern said. "The ability to get the approval for wiretapping is a very hard process and involves multiple steps that investigators must go through in their application for a wiretap," Kern said. "These steps involve the attorney general's office and a state supreme court justice's approval and will only be applied for after many months of an investigative process by law enforcement." The Senate author is Sen. Gary Stanislawski (R-Tulsa). The bill passed the House 91-0 on February 17, and the Senate 43-0 on April 6. Gov. Fallin signed the bill on April 13. It will take effect on Nov. 1.