Legislative Update, March 4, 2010
Lori A. Kromer Peterson, Vice President of Public Policy, Oklahoma Farm Bureau

It may only be March, but the 2010 Oklahoma Legislative Session has already seen its share of important legislation move though the process.  A budget agreement was reached to fill holes in the 2010 budget and allow agencies such as corrections and public safety to avoid furloughing prison guards or troopers.  The Legislature must still reach an agreement on the next budget year before adjourning this session.  Senior nutrition programs have received a tremendous amount of attention and funding for this program will certainly be discussed as the state’s budget for the upcoming year is negotiated.  In addition to the budget talks, Oklahoma Farm Bureau’s priority legislation is making its way through the process. 

Protecting Traditional Animal Husbandry Practices
HB 3202 authored by Representative Don Armes and Senator Mike Schulz passed by a vote of 71 to 25 on the floor of the House of Representatives.  The bill clarifies that acts of animal husbandry are not prohibited by the Veterinary Practice Act.  It also requires that of the five veterinarian members of the State Board of Veterinary Medical Examiners (Board), one must be an equine practitioner and one must be a large animal practitioner.  HB 3202 also sets up a certification process for equine teeth floaters under the Board.  The bill must now go before the Senate Agriculture committee and the full Senate before reaching the Governor’s desk.

Landowner Rights for Wind Energy Development
HB 2973 and SB 2132 by Representative Mike Sanders and Senator Bryce Marlatt continue to move through their respective chambers.  HB 2973 passed the House 87 to 3 while SB 2132 passed the Senate 46 to 0.  Both bills are works in progress that seek to address some concerns for landowners wishing to develop wind rights.  The bills may address such items as the decommissioning of commercial wind energy facilities while still encouraging wind development in Oklahoma.  HB 2973 heads to the Senate while SB 2132 now moves to the House, each for a hearing in the appropriate committee. 

SB 1787 by Senator Mike Schulz and Representative Mike Sanders would prohibit the severance of wind rights from the surface owner.  SB 1787 must still be heard on the Senate floor.   

Paving Districts
HB 3160 authored by Representative Leslie Osborn and Senator Ron Justice seeks to exempt agriculture property owners from unwanted assessments by paving districts.  For agriculture property owners who do not wish to develop their property, the paving assessment is an unwanted tax.  HB 3160 passed the House Agriculture committee and the floor of the House by a vote of 91 to 3.  The bill now moves to the Senate. 

Eminent Domain
HB 3050 by Representative Pat Ownbey and Senator Johnnie Crutchfield passed the House General Government committee and must now be heard before the full House of Representatives.  This legislation would require that land taken by eminent domain and not used for the intended purposes be offered back to the landowner for the original purchase price. 

Annexation
SB 1864 authored by Senator Brian Bingman and Representative Sky McNiel passed the Senate floor and now heads to the House for a hearing in the appropriate committee.  The bill seeks to address sections of law relating to annexation by towns just as legislation in 2009 addressed annexation laws for cities.  SB 1864 would allow a landowner who was wrongfully annexed to recover attorney fees and would also allow owners of agriculture land previously annexed to have an exemption from municipal ordinances relating to agriculture use of the land. 

Legislative Approval of Agency Rules
A long time priority issue for Oklahoma Farm Bureau has been to change the law to require legislative approval of agency promulgated rules.  Under current law, an agency rule becomes law unless the legislature disapproves it; therefore, no action by the legislature means an agency rule is law.  SB 817 by Senator Randy Brogdon and Representative George Faught and HB 3311 by Representative Scott Martin and Senator John Sparks both seek to require legislative approval of agency promulgated rules.  HB 2852 by Representative John Wright seeks to amend the Administrative Procedures Act.  All three of these bills continue to move through the legislative process.

Increased Fines for Shooting from the Road
This session trespass legislation comes in the form of increasing fines for shooting from the road.  Currently the fine is only $100 for this type of poaching.  SB 2093 by Senator John Sparks and Representative Mike Sanders seeks to increase this fine to no less than $500 or more than $1500 for a first offense and no less than $1500 or more than $2500 for a second offense.  These are the current fine levels for trespassing and hunting without permission on agriculture land.  SB 2093 passed the Senate and now heads to the House.

Update on Proposed Agency Rules of Interest to Agriculture
The Department of Agriculture’s amended rule for swine at livestock shows has been submitted to the legislature.  The amended version no longer requires a federal premise identification number but instead asks for a physical address. 

The Oklahoma Water Resources Board has promulgated rules and submitted them to the legislature.  Included are new fees on ground water permits.  The fees are $50 per permit up to $500 per person, annually.  Oklahoma Farm Bureau opposes the proposed fee and is currently working with members of legislature to address this issue.