Just a week away from adjournment and no budget agreement has been reached.  The state is facing a shortfall of over $1 billion.  Agencies are anticipating a 10 percent budget cut; however, that percentage could go higher if common education is held harmless.  Agriculture sales tax exemptions are not on the table, nor do we expect any attempts to raise property taxes, but other sources of revenue generation, such as fees, are being considered by some.  Tax credits will likely be eliminated or suspended pending improvements in the economy.  The 2010 Legislative Session is set to adjourn on May 28 at five o’clock as required by the Oklahoma Constitution.

In addition to budget negotiations, in these final weeks of session, many bills will be reported from conference committee.  The process begins to move more quickly as these bills reported from conference committee must pass before the full House of Representatives and the Senate before reaching the governor’s desk.  Until adjournment, Oklahoma Farm Bureau will be monitoring proposed legislation to protect agriculture producers and private property rights. Some of those issues include: mineral owners’ rights with respect to changes in pooling statutes; transportation issues as they relate to agriculture producers; eminent domain rights for public utilities and wind energy facilities; and changes to water law pending completion of the statewide water study.  Bills currently in conference committee of interest to Oklahoma Farm Bureau include:

Increased Fines for Shooting from the Road

SB 2093, by Sen. John Sparks and Rep. Mike Sanders, seeks to increase the fine for shooting from the road from $100 to no less than $500 or more than $1,500 for a first offense, and no less than $1,500 or more than $2,500 for a second offense.  These are the current fine levels for trespassing and hunting without permission on agriculture land.  SB 2093 must be signed out of conference committee, pass before the Senate and the House before going to the governor’s desk. 

Landowner Rights for Wind Energy Development

HB 2973 and SB 2132 are in conference committee and must be signed out before floor hearings. Both bills, authored by Rep. Mike Sanders and Sen. Bryce Marlatt, seek to address some concerns for landowners wishing to develop wind rights, such as the decommissioning of commercial wind energy facilities while still encouraging wind development in Oklahoma. 

SB 1787, by Sen. Mike Schulz and Rep. Fred Jordan, would prohibit the severance of wind rights from the surface.  SB 1787 is now in conference committee.

Paving Districts

HB 3160, authored by Rep. Leslie Osborn and Sen. 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. This piece of legislation is currently in conference committee.

Legislative Approval of Agency Promulgated Rules

A longtime 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 Sen. Randy Brogdon and Rep. George Faught, and HB 3311, by Rep. Scott Martin and Sen. John Sparks, both seek to require legislative approval of agency promulgated rules. These bills remain in conference committee. A coalition including the Oklahoma Farm Bureau is working toward a hearing before the full House of Representatives.

HB 2852, authored by Rep. John Wright and Sen. Cliff Aldridge, has been signed into law by Governor Henry and requires an agency to include the need for an emergency rule in the rule impact statement as required by the Administrative Procedures Act.  A step in the right direction, but additional reform is certainly needed.