By Constitution Staff

(Updated 5/14/13)With the end of the legislative session approaching at the end of May, various bills are making their way to the governor's desk for consideration. Here is a review of the status of some of those bills:

HORSEMEAT PROCESSING

On March 29, Gov. Mary Fallin signed House Bill 1999, a bill ending the prohibition on horse meat processing in Oklahoma. The bill strictly prohibits selling horse meat for human consumption in Oklahoma. While there is a 2006 federal ban on horse processing plants, forty-six states -- not including Oklahoma -- currently allow horsemeat processing. Governor Fallin explained her reasons for signing the legislation: "In Oklahoma -- as in other states -- abuse is tragically common among horses that are reaching the end of their natural lives. Many horses are abandoned or left to starve to death. Others are shipped out of the country, many to Mexico, where they are processed in potentially inhumane conditions that are not regulated by the U.S. government."

Although the bill gained much notoriety as it moved through the legislative process, with groups on both sides of the issue mounting extensive media campaigns, in the end it passed by large margins. The bill passed 82-14 in the Oklahoma House and 32-14 in the state Senate. The legislation was sponsored by Rep. Skye McNeil (R-Bristow) and Sen. Eddie Fields (R-Wynona). HB 1999 goes into effect on November 1, 2013.

HOME BAKERY ACT

The Oklahoma Senate voted 38-6 on April 9 to approve a bill allowing home bakeries to operate without a food preparation license. Home food establishments would be defined as businesses that earn less than $20,000 a year and produce baked goods for sale that do not contain meat or fresh fruit. House Bill 1094, which is entitled the Home Bakery Act of 2013, is authored by state Rep. Dustin Roberts (R-Durant) and Sen. Frank Simpson (R-Springer). "Small home baking operations are a great way for families to make additional money to supplement their income. These operations range from small cake baking and decorating enterprises to catering operations. I think it's time we did more as a state to encourage them in their endeavors,"said Roberts. House lawmakers approved the legislation 92-0 on March 7. The bill was signed by Gov. Mary Fallin on April 15.

SCHOOL SECURITY LEGISLATION

Four bills related to the issue of school safety were signed by Gov. Mary Fallin on April 16, after passing the Senate on March 13 and the House on April 11. In the wake of the tragedy in Newtown, Conn., late last year, Speaker T.W. Shannon, President Pro Tempore Brian Bingman and Lt. Governor Todd Lamb created the Oklahoma Commission on School Security. The Commission submitted a report to state leaders detailing suggestions on things the state of Oklahoma could do to make its schools safer and more secure. The four bills are a direct result of that report:

Senate Bill 256 requires school districts to conduct lockdown drills in addition to fire, intruder, and tornado emergency drill.

Senate Bill 257 directs the Oklahoma Office of Homeland Security to designate a division act as a central hub of information and resources related to school security and risk assessments to campuses.

Senate Bill 258 requires institutions of higher learning to provide reports to emergency responders and agencies with details of updated plans for protecting students, faculty and visitors from disasters and emergencies.

Senate Bill 259 would require school authorities to immediately report to law enforcement if a firearm is discovered on a student that is not a minor or an adult that isn't authorized to possess a firearm on school property.

FOREIGN LAWS

Legislation to prohibit the application of foreign laws when the application violates either the Oklahoma Constitution or U.S. Constitution was signed by Gov. Mary Fallin on April 18. House Bill 1060, by state Rep. Sally Kern (R-Oklahoma City) and state Sen. Gary Stanislawski (R-Tulsa), initially passed the Oklahoma House 81-11 on March 6. The Senate amended the bill and approved the measure 40-3 on April 8. It returned to the House which adopted the senate amendments and gave final approval by a 85-7 vote on April 11. Kern said the legislation follows on the heels of past efforts that were successfully challenged because of their specificity. "The courts ruled against State Question 755 because it singled out Sharia law," said Kern. "Our intent with this bill is to use language similar to that of legislation in Tennessee, Kansas, Arizona and Louisiana, all of which passed without any court challenges." Oklahoma voters approved the state question by a margin of 70 percent.

FOOD STAMPS

House Bill 1909 would require able-bodied recipients, ages 18 to 50, who are not disabled or raising a child, to perform at least 20 hours of work activities as a condition of receiving food stamps. Those work requirements come from the federal 1996 Welfare Reform Law. Currently able-bodied individuals do not have to fulfill work requirements due to waivers handed out by the federal government. This bill would order the Department of Human Services to no longer seek those work requirement waivers. The bill was authored by House Speaker T.W. Shannon (R-Lawton) and Sen. David Holt (R-Oklahoma City). "It's time we encourage the value of personal responsibility," said Speaker Shannon. "This measure will help able-bodied people break their addiction to government subsidies and let them focus on building a career as opposed to continually suffering under the wheel of poverty." The bill passed the House 86-11on March 11. It was approved by the Senate 33-8 on April 23. It was signed by the governor on April 29. HB 1909 will go into effect November 1 of this year.

WORKERS COMPENSATION SYSTEM

On May 6, Gov. Fallin signed Senate Bill 1062 which will convert the state's current judiciary workers compensation system to an administrative system. Oklahoma is one of only a handful of states that still uses an adversarial judiciary system. Currently, workers who are injured on the job can wait years for a benefits judgment due to the slow and drawn out legal process under the judicial system. The costly legal proceedings also raise workers compensation insurance rates for Oklahoma businesses. Under the administrative system proposed in SB 1062, workers compensation cases would be heard by an administrative judge, and cases would receive quick resolutions. The primary sponsors of the bill are Senate Pro Tem Brian Bingman (R-Sapulpa)and House Speaker T.W. Shannon (R-Lawton). Sen. Bingman noted, "Our adversarial system has been one of the most expensive in the country, and it hasn't done a very good job of helping injured workers get quality medical care in a timely fashion. The result has been disastrous for business, for Oklahoma, and most importantly, for injured workers."After passing the Senate, SB 1062 was amended and approved by the House 74-24 on April 24. It returned to the Senate which accepted the House amendments and approved the final bill 35-12 on April 30. The new system will go into effect on February 1, 2014.

STATE INCOME TAX REDUCTION

House Bill 2032 calls for a quarter-point reduction to the top rate of the state personal income tax. The current top tax rate is 5.25 percent, and this bill would bring the rate down to an even five percent. Gov. Mary Fallin called for this measure in her State of the State Address earlier this year. The legislation was authored by House Speaker T.W. Shannon (R-Lawton) and Senate Pro Tem Brian Bingman (R-Sapulpa). "It is important that Oklahomans hold on to more of their hard earned tax money," said Speaker Shannon. "People with more money in their pockets either save, invest or spend those dollars. This is good for the economy and previous income tax cuts have sparked record revenues and prosperous growth here in Oklahoma." Shannon said reducing the state income tax would make Oklahoma more competitive with other states in the region and help attract a skilled and educated workforce. Over the past 15 years, Oklahoma has reduced the income tax rate from 7.0 percent to 5.25 percent a reduction of roughly 25 percent. Since the legislature began cutting the tax rate, Oklahoma has seen a 47 percent increase in revenues from $1.9 billion to $2.8 billion.The bill was approved in the House by a vote of 65-30 on March 12. It was amended and received approval of the Senate 32-14 on April 24. The amended bill was approved by the House 65-35 on May 1, but the vote on the Emergency Clause (64-33) fell short of the two -thirds vote needed. The bill was held over for reconsideration of the vote on the emergency, and the emergency received approval by 68-29 on May 6. Gov. Fallin signed the bill on May 13.

ASSET REDUCTION AND COST SAVING PROGRAM

House Bill 1910 by House Speaker T.W. Shannon's (R-Lawton) and Senate Pro Tem Brian Bingman (R-Sapulpa), promotes the sale of unneeded state-owned property. It was approved in the House 66-23 on March 5. The State of Oklahoma is one of the largest property and building owners in Oklahoma, and many buildings remain underused and or empty creating a money pit in insurance costs for the state. The proposal requires state officials to use the proceeds to fund an eight-year plan for meeting deferred maintenance needs such as the Oklahoma State Capitol building. The multi-year plan for improving state infrastructure imitates the highly successful transportation improvement plan used by the Oklahoma Department of Transportation, which Shannon previously oversaw as chairman of the House Transportation Committee. The bill was approved by the Senate 42-3 on April 24 and the amended bill was approved by the House 74-23 on May 1. It was sent to the governor for consideration on May 2.

LIMITING STATE DEBT

Sen. Josh Brecheen (R-Coalgate) filed Senate Joint Resolution 10 to limit Oklahoma's state bond debt. The primary House author is House Speaker T.W. Shannon (R-Lawton). The Senate overwhelmingly approved the proposed constitutional amendment by a vote of 43-2 on March 14. The measure which would prohibit state annual debt service payments from exceeding 4.5 percent of the average of the general fund revenue for the preceding five fiscal years. Oklahoma's current ratio of net tax-supported debt as a percentage of the five year average of unrestricted revenue stands at approximately 3.4 percent. Currently, Oklahoma's net tax supported bond debt stands at $1.5 billion. Approximately $185 million will be appropriated by the legislature to service this outstanding liability in 2013. "Forty percent of our annual debt service payments go toward paying down interest. Those dollars lost to interest payments will never be spent in the classroom, used to renovate a structurally-deficient bridge or appropriated to protect the public," said Brecheen. SJR 10 would exclude debt from the Master Lease Program and the Water Resources Board as they are tax-backed but not tax supported and, therefore, not serviced by annual state appropriations. The measure allows the Legislature to increase the debt limit if they declare an emergency. The bill was approved by the House Appropriations and Budget Committee and awaits action in the full House.

FIREARMS CARRY ON BUSES

House Bill 1558 would allow a person licensed pursuant to the Oklahoma Self-Defense Act to carry a weapon on public transportation systems, such as buses. The legislation was authored by Rep. Paul Wesselhoft (R-Moore) and Kyle Loveless (R-Mustang). The measure supporting the "Second Amendment" rights of Oklahoma citizens was approved in the House by a vote of 72-12 on March 12. The bill was amended by Committee Substitute in the Senate Public Safety Committee and passed the Senate 39-3 on April 18. The bill returned to the House which rejected the Senate amendments on April 30. It was sent to a Conference Committee on May 2 to work out differences between the House and Senate versions of the bill.

COUNTY ROADS

Legislation approved by vote of 44-0 on April 10 by the Oklahoma Senate would redirect a portion of the motor vehicle taxes generated by road users from general government to county transportation needs. Rep. Mike Sanders (R-Kingfisher), the House author, requested rejection of Senate amendments and the bill is in a Conference Committee to settle differences between the two versions. The House had earlier approved the bill 87-9 on March 11. House Bill 1080 by Rep. Sanders and Sen. Bryce Marlett (R-Woodard) deals with county roads that connect communities, highways and industries. These "major collector" roads make up a total of 15,000 miles of county roadways, according to Sanders. The bill would move 2.5% of motor vehicle fees going to general revenue in FY 2014 and another 2.5% of motor vehicle fees going to general revenue in FY 2015 to the County Bridge and Road Improvement Fund (CBRI) totaling 5% over the two-year period. It is estimated that over $30 million in additional funds would be allotted to counties. "While lawmakers have made great strides in updating state road and bridge infrastructure, county roads and bridges continue to be both a public safety and economic development concern, especially where they have been compromised due to natural disasters," said Sanders.