By Constitution Staff

(Updated on May 2, 2014). With the end of the legislative session approaching at the end of May, various bills are being considered by the Legislature. There are many bills supported by conservatives (Second Amendment, Pro-life, Religious expression) that easily passed in the Oklahoma House, but died in a Senate committee without even getting a hearing. This has been the case for many years, causing some to say the Senate is where good bills go to die. On the other hand, the more conservative House is where bad legislation dies. Here is a review of the status of some of the bills being considered this year:

National Popular Vote

Senate Bill 906 by Sen. Rob Johnson (R-Kingfisher) and Rep. Don Armes (R-Faxon) would join Oklahoma with other states and establish the Agreement Among the States to Elect the President by National Popular Vote. The proposal passed the Oklahoma Senate on February 12 by a vote of 28-18. Under the scheme, all of Oklahoma's electoral votes would be delivered to the "national popular vote winner" even if that candidate does not win a majority of the popular vote in Oklahoma. Had the measure been in effect in 2012, President Obama would have received all of Oklahoma's electoral votes even though Romney won every county in the state. It was been assigned to the House Rules Committee, but failed to get a hearing by the April 10 deadline.

Bonds for Capitol Repairs

Senate Bill 2044, by Senate President Pro Tem Brian Bingman (R-Sapulpa)and Rep. Skye McNiel (R-Bristow), authorizes a $160 million bond issue for repairs and renovations to the Capitol Building. Opponents of the bond say that instead of borrowing the money through the sale of bond, the repairs should be funded on a pay as you go basis. The bill passed the Senate 36-11 on February 20, but it was soundly defeated in the House, 62-34, on April 22. Speaker Hickman responded to the defeat saying: "The House has once again voiced its opinion on a bond issue to repair the Capitol. Despite the defeat of SB 2044, this is the people's Capitol, and it is a priority to this chamber that the decades of neglect be addressed. I ask the Senate to continue the conversation and consider House Joint Resolution 1033, which sends a bond issue to a vote of the people this November, so that we can find a solution this year." On March 13, the House had voted 59-31 to put a bond proposal before the people of Oklahoma to decide the issue. HJR 1033, by House Speaker Jeff Hickman and Sen. Bryce Marlett (R-Woodward) asks the people of Oklahoma to vote on a $120 million bond issue to repair Capitol building. The resolution was amended and approved by a Senate committee and awaits action in the full Senate.

American Indian Cultural Center and Museum

On March 4, the state Senate approved a plan to fund the completion of the American Indian Cultural Center and Museum (AICCM). SB 1651 by Sen. Clark Jolley (R-Edmond) and Rep. Todd Thomsen (R-Ada) would donate $40 million from the state's Unclaimed Property Fund which supposedly will be matched by $40 million in private donations. Oklahoma taxpayers will be footing the bill for many years to pay off the $63 million in bond funding previously provided. Each time, supporters of the project claimed that no more state funds would be needed. The bill still must gain approval in the House, but House Speaker Jeff Hickman (R-Fairview) says he won't bring the measure before House unless there is support from 51 of the 72 Republicans in the House. Reportedly there are over 30 Republicans opposing the bill. Meanwhile, House Democrat Leader Scott Inman (D-Oklahoma City) says he can deliver all 29 Democrats in support.

Movie Rebates

A measure to continue providing subsidies for films made in Oklahoma passed the House just one day after failing to receive a majority of the vote. HB 2580 died in the House on March 3, but was called up for reconsideration the next day and passed by a vote of 63-27. The Senate approved the extension 31-11 on March 27. The bill by Sen. Clark Jolley (R-Edmond) and Rep. Todd Thomsen (R-Ada) extends the sunset date of the "Compete with Canada Film Act" from July 1 of this year to July 1, 2024. The act reimburses filmmakers for a third of their expenses, up to $5 million each year. Rep. Steve Vaughan (R-Ponca City) defended the movie company subsidies: "This act is a rebate situation -- it is not an incentive where we throw money away to attract movies to Oklahoma. This is a rebate. We only give money back when money is first spent here." Gov. Mary Fallin signed the bill into law on April 2.

Aerospace Engineering Subsidies

House Bill 2509 by Rep. Earl Sears (R-Bartlesville) and Sen. Mike Mazzei (R-Bixby) extends tax incentives subsidizing aerospace engineering jobs in Oklahoma. The bill extends the sunset date on the aerospace engineer employee and employer tax credit and the employer credit for tuition reimbursement until January 1, 2018. Without the legislation, the incentives would have expired in 2015. Sen. Mazzei said, "I authored the original bill in 2008 creating these incentives to address a critical shortage of aerospace engineers in Oklahoma. We knew that by meeting the need for a qualified workforce, we could attract and keep aerospace companies and the high-paying jobs that came with them." The bill passed the House 81-9 on March 5, and the Senate 34-11 on April 3. Gov. Mary Fallin signed the bill on April 9.

Minimum Wage Preemption

Senate Bill 1023 ensures that municipalities cannot mandate a minimum wage higher than the national rate. Sen. Dan Newberry (R-Tulsa), the senate co-author and Rep. Randy Grau (R-Edmond) said the measure creates proper safeguards that protect small businesses and consumers. "We have seen businesses flee from cities that have tried this in other states," said House Speaker Jeff Hickman (R-Fairview). Without the preemption, cities across the state could mandate different minimum wage levels creating confusion for businesses, job losses, and increased prices for consumers. A business at one location might be required to pay one wage scale, while one across the street in a different jurisdiction would pay another level. The bill passed the Senate 34-9 on March 10 and the House 68-22 on April 7. Gov. Mary Fallin signed the bill into law on April 14.

"Merry Christmas' Legislation

House Bill 2317, also known as the "Merry Christmas" bill, won approval in the House by a 73-10 vote on March 3.

The measure would allow schools to celebrate Christmas and use religious-based imagery such as nativity scenes alongside other displays such as Christmas trees. It would also allow school faculty and staff to use traditional greetings such as "Merry Christmas" or "Happy Hanukkah" without fear of reprisal. The bipartisan legislation is co-authored by Reps. Bob Cleveland (R-Slaughterville)and Donnie Condit (D-McAlester), and Rep. Ken Walker (D-Tulsa). The Senate author is Sen. Larry Boggs (R-Red Oak). The bill was assigned to the Senate Education committee and failed to receive a hearing by the April 10 deadline.

Religious Viewpoints Anti-discrimination Act

Legislation approved February 18 by the House would allow students to express their faith in public schools. HB 2422, by state Rep. John Bennett (R-Sallisaw) and Sen. Nathan Dahm (R-Broken Arrow) would require school districts to treat student expressions of faith in the same manner as any other permissible subject. The bill would require school districts to adopt a "Model Religious Viewpoints Antidiscrimination Policy." The model policy language is the exact language approved by the Supreme Court decision in Good News Club v. Milford Central School, 533 U.S. 98 (2001). The bill would also require schools to provide the same access to school facilities for religious groups as it does for other student groups and allow students to organize prayer groups. The legislation was approved in the House by a vote of 88-0 was assigned to the Senate Education committee and failed to receive a hearing by the April 10 deadline..

Oklahoma Community Protection Act

House Bill 2807 by Rep. Lewis Moore (R-Arcadia) and Sen. Nathan Dahm (R-Broken Arrow)would create the "Oklahoma Community Protection Act" prohibiting the adoption of policies that restrict private-property rights without due process. The measure provides specific steps for fulfilling due process and declares that any changes made due to international or federal actions would not be considered permanent and would be subject to change. The bill passed the House 66-26 on March 4 and was amended and approved by the Senate Judiciary committee. It now awaits action by the full Senate.

Abortion-inducing Drugs

House Bill 2684 by Rep. Randy Grau (R-Edmond) and Sen. Greg Treat (R-Oklahoma City) would prohibit off-label uses of abortion-inducing drugs by requiring doctors to administer the drugs only in accordance with U.S. Food and Drug Administration protocol. The Legislature previously attempted to limit the use of the drugs in 2011, but the Oklahoma Supreme Court declared the bill unconstitutional. The authors says this bill adds language to specifically address the concerns raised by the court. The House approved the bill 81-8 on March 10 and the Senate 37-5 on April 15. Gov. Mary Fallin, who signed the original 2011 legislation, signed this bill on April 22.

Protection of Human Life Act

House Bill 2070 by Rep. Dan Fisher (R-El Reno) and Sen. Josh Brecheen (R-Coalgate) would make embryonic stem cell research that destroys the life, or substantially threatens the life of a human embryo, illegal in Oklahoma. On February 25 the House passed the bill 73-14. Stem cells can become any type of cell and can be used in the treatment of numerous diseases. Unfortunately, to extract these stem cells from the human embryo it must be destroyed -- that is, killed. Fortunately, these stem cells are also found within the bodies of adults, in human umbilical cords, in the human placenta, and other sources other than the embryo. In the Senate, the bill was double-assigned and failed to get a hearing in either committee by the April 10 deadline. In 2009, a similar bill made it all of the way through the process but was vetoed by then Gov. Brad Henry.

Abortion Measure Aimed at Protecting Women

A bill aimed at ensuring women who experience complications during abortion receive competent care passed overwhelmingly out of the House February 27. HB 2418 by state Rep. Mike Ritze (R-Broken Arrow), a licensed physician, and Sen. Nathan Dahm (R-Broken Arrow) would require abortion performing physicians to have clinical privileges at a hospital that offers obstetrical or gynecological care located within thirty miles of their practice. "The goal is to ensure that women who experience complications, such as severe hemorrhaging, serious infection, damage to intra-abdominal structures and pulmonary embolism, have access to care at a local hospital immediately," said Ritze,. "If the federal law is going to allow abortions, the state has a responsibility to our citizens to ensure those procedures are done as safely as possible." House Bill 2418 passed off the House floor by a vote of 73-9. In the Senate, the bill was double-assigned and failed to get a hearing in either committee by the April 10 deadline.

Abortion Doctor Bill

Senate Bill 1848 by Sen. Greg Treat (R-Oklahoma City), and Rep. Randy Grau (R-Edmond) would require the State Board of Health to establish abortion facility supplies and equipment standards. Also, an abortion facility would be required to have a physician on the premises during an abortion procedure who has admitting privileges at an accredited hospital within 30 miles of the facility. The Senate passed the measure 34-8 on March 12. The House gave its approval 75-15 on April 24. The bill returned to the Senate for consideration of House amendments, including a ban on stem cell research. The Senate rejected the House amendments on April 29 and the bill was sent to a House/Senate conference committee.

State Merit Protection System

Legislation to reform the state merit protection system was approved March 10 by the House. HB 3294 by state Rep. Leslie Osborn (R-Mustang) and Sen. Clark Jolley (R-Edmond) would streamline a process in place to protect employees from unreasonable termination. The current system includes a lengthy and complicated hiring process that would be simplified with consistent practices across all agencies when implemented. The current grievance process for state employees is a 15-step process and would be streamlined to a 4-step. "We worked hard to ensure that current protections remained, while improving the process to better serve both employees and agency human resource directors," Osborn said. The legislation was approved by a vote of 78-13. It was amended and approved by the Senate 43-0 on April 23. It was returned to the House for consideration of the Senate amendments. The House rejected the Senate amendments on April 29 and the bill was sent to a House/Senate conference committee.

State Employee Pension Reform (House Bill)

Currently, Oklahoma faces a state pension crisis and carries more than $11 billion in unfunded pension debt. House Bill 2630, authored by Rep. Randy McDaniel (R-Oklahoma City) and Sen. Rick Brinkley (R-Owasso), creates a defined-contribution system for new employees who are part of the Oklahoma Public Employee Retirement System (OPERS) based off of models used in the private sector. If signed into law, the defined-contribution system would take effect November 1, 2015 and would only impact newly hired employees. Current employees and retirees would not be affected. The system would phase out the state's current and broken system over the next several decades, reduce the state's unfunded pension debt and allow employees the retirement mobility that the modern job market demands. The bill passed the House 57-42 on March 11, and amended and approved by the Senate 34-9 on April 15. It was returned to the House for consideration of the Senate amendments. The House rejected the Senate amendments on April 28 and the bill was sent to a House/Senate conference committee.

State Employee Pension Reform (Senate Bill)

Senate Bill 2120 by Sen. Rick Brinkley (R-Owasso)and Rep. Randy McDaniel (R-Oklahoma City) would move state employees hired after Nov. 1, 2015 away from the traditional defined benefit to a defined contribution plan, similar to the private sector. The change is only for new state employees, and will keep the promises made to current workers already in the state's pension system. The defined contribution plan would make Oklahoma better able to attract the next generation of state employees who value portability when it comes to their retirement plans, while helping lower Oklahoma's unfunded pension liability over time. The legislation requires an employee to contribute a minimum of three percent of their salary up to seven percent, which will then be matched by their employer in a 401 (k)-style plan. Employees designated "Hazardous Duty" are exempted from the bill, including fire and police. Teachers are also not included in the legislation. The law would also apply to officials elected or appointed after November 1, 2015. The legislation passed the Senate 34-11on February 19. It was amended and approved by the House 89-0 on April 16 and returned to the Senate. The Senate rejected the House amendments on April 30 and the bill was sent to a House/Senate conference committee.

State Employee Compensation Reform

A measure that would boost state employee salaries to 90 percent of private-sector pay over a four-year period cleared the House 90-0 on March 11. "The State of Oklahoma is losing skilled and educated employees to retirement and the private sector," said House Bill 3293 author Rep. Leslie Osborn (R-Mustang). The author in the Senate is Sen. Clark Jolley (R-Edmond). The bill would set aside 3 percent of the previous fiscal year's payroll costs for salary adjustments each year. The bill would also remove salary structures from statute and give authority to the Office of Management Enterprise Services (OMES) to set pay structures and determine if targeted pay band adjustments are necessary, rather than the state doling out across-the-board pay raises as in years past. A recent study requested by the governor and state leaders found state employee salaries to be up to 20 percent below market, particularly in the areas of public safety, corrections and social services. It was amended and approved by the Senate 43-0 on April 23 and was returned to the House for consideration of the Senate amendments.

Right to Bear Arms

Language is needed to clarify the intent of the right to bear arms in the Oklahoma Constitution, according to state Rep. Dan Fisher (R-El Reno). Written in 1907, the Oklahoma Constitution, Article II, Section 26, reads: "The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when there unto legally summoned, shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons." House Joint Resolution 1026, by Fisher and Sen. Greg Treat (R-Oklahoma City), would allow voters to change Section 26 to specify "handguns, rifles, shotguns, knives, nonlethal defensive weapons and other arms in common use, as well as ammunition and the components of arms and ammunition" and add "self-defense" and "lawful hunting and recreation" in order to ensure that courts have less latitude in interpreting the language. The constitutional amendment would also clarify that the state could prevent convicted felons and the mentally ill from the possession of arms, and would prohibit registration or special taxation on arms and ammunition. HJR 1026 was approved 87-7 in the House on March 12 and was amended and approved by the Senate 37-6 on April 23. It was returned to the House. The House rejected the Senate amendments on April 29 and the bill was sent to a House/Senate conference committee.

Third Party Protection via Firearms

The House overwhelmingly passed legislation that redefines state law regarding the use of deadly force in defending a third party. House Bill 2539 by state Rep. Terry O'Donnell (R-Catoosa) and David Holt (R-Oklahoma City) updates an Oklahoma statute originally drafted in 1917. That language states that the use of deadly force is authorized only in defending one's "husband, wife, parent, child, master, mistress or servant." HB 2539 would strike that and replace it with language allowing for a person to use force necessary to prevent death or bodily harm to himself, herself or another or to terminate/prevent the commission of a forcible felony. "The current language of State Statute 733 is both antiquated and unnecessarily restrictive," said Rep. O'Donnell. "In researching this statute, I discovered that individuals defending their brothers, sisters, grandchildren, step-children and friends had been denied the defense of justifiable homicide at trial because the individual being defended did not come from the strict definition of the statute." The measure passed the House by a vote of 77-6 on Feb. 27. The bill was sent to the Senate where it was approved by the Public Safety committee on April 3. It approved by the Senate 45-2 on April 22. Gov. Mary Fallin vetoed the bill on April 29.

Firearms in Cars on School Property

House Bill 2329 authored by state Rep. Sally Kern (R-Oklahoma City) and Sen. Larry Boggs (R-Red Oak) would allow a person who is licensed to carry a handgun to keep the handgun in a locked car in the parking lot of a public or private elementary or secondary school. Kern said she realizes that previous violence at schools makes this a sensitive issue, but says law-abiding citizens should not be punished by an inconsistent law. "Those who make a decision to commit a heinous act on our youth should be punished; however, there is no reason to prosecute innocent people." The bill passed the House by a vote of 76-17 on March 10, but was assigned to the Senate Public Safety committee and failed to receive a hearing by the April 10 deadline.

Common Core Standards

The House passed education reforms that aim to place control over common education standards solely in the hands of Oklahomans. House Bill 3399, authored by House Speaker Jeff Hickman ( R-Fairview) and Sen. Josh Brecheen (R-Coalgate) calls for the state of Oklahoma to opt for Option B under No Child Left Behind. Option B allows states to create elementary and secondary school standards that are certified by state higher education institutions to be college and career ready by August 1, 2016. By adopting Option B, supporters say the State Board will maintain independence from any national or state compact standards such as Common Core and school districts will control the learning materials and curriculum adopted to meet the new set of standards. HB 3399 passed the House 78-12 on March 12, and the Senate 37-10 on April 1. It returned to the House for consideration of amendments including those affecting the Common Core standards.

State Question - School Safety Improvements

House Joint Resolution 1092, coauthored by state Reps. Jon Echols (R-Oklahoma City) and Mark McBride (R-Moore), authorizes school districts to submit questions to a vote of the people to approve issuing of bonds for the construction or improvement of school safety facilities such as safe rooms or underground storm shelters. The Senate author is Sen. Anthony Sykes (R-Moore). The measure passed out of the House by a 65-28 margin on March 12. It will head to this fall's ballot as a state question if it passes the Senate later this Legislative session. It was amended and approved by Senate 33-12 on April 23 and now is back in the House for consideration of the Senate amendments. It will head to this fall's ballot as a state question if it passes this Legislative session.

State Question - Corruption Safeguards

House Joint Resolution 1034, authored by House Speaker Jeff Hickman, amends the Oklahoma Constitution to prohibit former legislators from being employed, receiving compensation, payment or expense reimbursement from any state entity until July 1 of the year following the end of their term in office regardless of the source of funding. The HJR does make an exception for legislators who are selected by the Governor to serve in a cabinet position or those who have been elected to another office. Currently, former legislators can leave office to work for a state entity if paid by funds not appropriated by the Legislature. It passed the House 73-9 on March 13. The bill was assigned to the Senate Rules committee and failed to receive a hearing by the April 10 deadline.

State Question - Legislative Process

House Joint Resolution 1003, by state Rep. Randy Grau (R-Edmond) and Sen. David Holt (R-Oklahoma City) would have placed a state question on the November ballot that, if approved, would allow the Legislature to consider substantive measures only during even-numbered years. The resolution would allow the Legislature to continue considering appropriations and budget bills on an annual basis. Under the resolution, in odd-numbered years, the Legislature would only consider appropriations and budget bills, which would allow the Legislature to implement a comprehensive review of agency budgets and would give members more time for input, consideration and debate of the state budget. During the years exclusively reserved for budget discussions, state lawmakers could pass policy bills if they had a three-fourths vote in favor of the legislation. HJR 1003 passed the House by a vote of 70-18 on March 13. It failed to get a hearing in a Senate committee by the April 10 deadline.

Income Tax Cut

Two tax cut bills were being considered by the Legislature this session. Senate Bill 1246 would reduce the state's income tax rate from 5.25 percent to 5 percent beginning with tax year 2016, if certified revenues for FY 2016 at least equal the certification level for FY 2014. The legislation would further reduce the state's top income tax rate no sooner than two years later to 4.85 percent if there is sufficient revenue growth to fund the reduction. President Pro Tempore Brian Bingman (R-Sapulpa) is principal Senate author and Rep. Leslie Osborn (R-Mustang) the House author. It passed the Senate 32-10 on February 27. The House approved 56-30 on April 23. Gov. Mary Fallin signed the bill into law on April 28.

House Bill 2508, authored by Rep. Earl Sears (R-Bartlesville) and Sen. Mike Mazzei (R-Bixby), would cut the personal income-tax rate from 5.25 to 5 percent beginning in 2016 if personal income-tax revenues are equal or greater in fiscal year 2015 than revenues generated in fiscal year 2014. Rep. David Derby (R-Owasso) added an amendment to the legislation that would also lower the corporate income-tax rate from 6 to 5 percent in 2016 if corporate income-tax revenues in fiscal year 2015 are equal or greater than 2014. If revenue levels are not sufficient to enact the tax cuts in 2016, revenues will be reviewed each subsequent year to determine when the cuts will go into effect. The House approved the measure 57-34 on March 6. It was amended and approved by the Senate 29-19 on April 22. It returned to the House for consideration of the Senate amendments.