With the theme of “Protecting Agriculture’s Interests,” the Oklahoma Farm Bureau is preparing to defend against proposed property tax increases as it heads into the 2010 legislative session, which begins February 1. This year, Oklahoma may be facing a budget shortfall to the tune of $1 to $1.5 billion, a huge amount considering the state’s budget is approximately $7 billion.

It is not anticipated that agriculture sales tax exemptions will be on the chopping block, but OFB must be prepared to protect and defend agriculture’s interests in a tough budget year when state agencies, common education, higher education, roads and prisons may all face significant budget cuts.

In addition to protecting agricultural interests, OFB’s legislative agenda will once again attempt to make positive changes in Oklahoma law to improve private property rights, tax policy and agriculture.

OFB has requested legislation to be reserved on the following:

Protecting Traditional Animal Husbandry Practices
Supporting a livestock owner’s right to perform traditional animal husbandry practices as well as utilize equine dentists, chiropractors and farriers at the discretion of the property owner is a priority issue this session for OFB. The focus piece of legislation has been reserved by House Agriculture Committee Chairman Don Armes.

Annexation Reform/Paving Districts
Legislation to make it more difficult to annex property, as well as clarify that agriculture use of land includes the right to hunt, will be introduced by Sen. Brian Bingman and Rep. David Derby. The legislation may also address paving districts and possible exclusions for agriculture land.

Landowner Rights in the Development of Wind Energy
With the assistance of Professor Shannon Ferrell of Oklahoma State University, legislation is being developed to protect landowners’ rights with respect to wind development. Sen. Bryce Marlatt and Rep. Mike Sanders have introduced bills. Sen. Mike Schulz has also introduced legislation to prohibit the severance of wind rights from surface ownership.

Administrative Procedures Act
In an attempt to put into law one of OFB’s longtime policy goals, Sen. John Sparks and Rep. Scott Martin have introduced legislation to require legislative approval of agency promulgated rules. Under current law, no action by the legislature means any agency rule becomes law.

Water
Protecting water rights from being taken by eminent domain is the goal of legislation filed by Sen. Ron Justice and Rep. Dale DeWitt.

Horse Slaughter
There is a lot of interest in doing something on the state level to attempt to address the federal ban on inspection of horse meat. Multiple pieces of legislation may be introduced, including one by Rep. Sky McNiel and Sen. Harry Coates.

Eminent Domain
Rep. Leslie Osborn has introduced legislation to state that agriculture land shall not be considered “blighted” for the purposes of eminent domain, and that out-of-state entities shall not have eminent domain authority. Rep. Mike Ritze has also reserved legislation with an overall goal of improving eminent domain laws for landowners.

Trespass/Hunting Without Permission
During the 2009 legislative session, OFB successfully supported legislation increasing the fines for trespassing and hunting without permission on agriculture land. A first offense now carries a fine of $500 to $1,500 while a second or subsequent offense means a fine of $1,500 to $2,500. Sen. John Sparks has introduced legislation this session to increase the fine for shooting from the road, now only $100, to the same levels as fines for trespassing and hunting without permission. General trespass legislation to benefit landowners will also be introduced by several other legislators.

Invasive Species
Legislation to put together a task force to look at invasive species, particularly musk thistle, has been introduced by Sen. Mike Schulz.

Grain Indemnity Fund
Legislation has been reserved by Rep. Dale DeWitt and Sen. Ron Justice to address issues with Oklahoma’s grain indemnity fund and possible inclusion of additional grain purchasers.

Federal Cap-and-Trade Legislation
A resolution opposing federal cap-and-trade legislation will be introduced at the request of Oklahoma Farm Bureau.