2013 Legislative Highlights
After months of constant negations and meetings, the first session of Oklahoma’s 54th Legislature has concluded. Ladies and Gentlemen, let us say that Oklahoma Farm Bureau had a great session. It seems like a lifetime ago we went into battle against the animal extremists over the horse harvest bill, which started the session with the most controversial issue in the legislative body this year. If you will recall, four members introduced bills to allow Oklahoma, if it so desired, to open a horse slaughter plant. We were attacked on all sides. However, due to your hard work and effort, the message of the day prevailed and we were successful with the passage of HB 1999.
We had great success in the middle of the session, passing a number of ag-related bills, but it was not until the last day of the session that we really hit the bull’s-eye. With the passage of SB 965, the Oklahoma Water Resources Board board of directors will be reorganized so that everyone in Oklahoma has fair representation. For years, we have had major portions of the state cut out of the discussion when it came to how and where we use Oklahoma water. This is only one step in the process, but it is a big one. They say it is hard to change a state board in Oklahoma, and almost impossible to change one that deals with water. After four months and a few hours, we passed the final version of SB 965 out of the House of Representatives by a one-vote majority.
We want to thank all the members of the legislature who carried our bills and worked on your behalf to make Oklahoma a better place. We also want to thank Governor Fallin for her support this year. We have a Governor who stands strong with Oklahoma agriculture, and we need to let her know how much we appreciate her. It is because of all the members of the legislature, our Governor, and especially you the members who care about agriculture and our way of life, that we are able to be successful.
OKFB priority legislation signed into law
HB 1999 – Rep. Skye McNiel, Sen. Eddie Fields
HB 1999 amends the Oklahoma Meat Inspection Act by allowing horses, mules or other equine to be transported, manufactured, processed, packed, sold or prepared in Oklahoma as long as the meat will be sold on the international market. HB 1999 makes it unlawful for any person to sell, or have in their possession with intent to sell, horsemeat for human consumption in Oklahoma.
SB 708 – Sen. John Sparks, Rep. Tommy Hardin
SB 708 increases the penalties for any person who knowingly cuts or damages a fence used for the production of livestock or any game or domesticated game animals. Anyone convicted of a second or subsequent offense shall be guilty of a felony punishable by a fine not exceeding $1,000 or by imprisonment not exceeding two years, or by both fine and imprisonment regardless of the dollar amount of damage done.
SB 965 – Sen. Bryce Marlatt, Rep. Mike Jackson
SB 965 transitions the nine-member OWRB board from one member from each congressional district and four at-large positions to one member from nine specific geographical areas. SB 965 provides more regional representation on the board, including one seat for Oklahoma County and one seat for Tulsa County.
HCR 2012 – Rep. Scott Biggs, Sen. Eddie Fields
This concurrent resolution is a precursor to the joint resolution OKFB will pursue next year to amend the Oklahoma Constitution. The resolution states: “The Oklahoma Legislature recognizes the rights of farmers and ranchers to engage in modern farming and ranching practices will be forever guaranteed in this state. It is the intent of the Oklahoma Legislature that it will pass no law which abridges the right of farmers and ranchers to employ agricultural technology and modern livestock production and ranching practices.”
OKFB-supported legislation signed into law
SB 931 – Sen. Ron Justice, Rep. Scott Biggs
SB 931 is a tort-reform bill that strengthens the Oklahoma Limitation of Liability for Farming and Ranching Land Act. Current law limited liability protection to landowners only if they charged no more than $10 per acre per year for use of their agricultural property, like for hunting, fishing, boating, camping, wildlife viewing, or recreational farming and ranching activities. SB 931 changed the law so a landowner who is leasing his agricultural property to a person for hunting and fishing has liability protection under the act, regardless of how much the landowner charges.
HB 1923 – Rep. Dale DeWitt, Sen. Ron Justice
HB 1923 creates the Emergency Drought Relief Fund, a continuing fund that can receive monies from all types of sources. The fund has received an initial appropriation of $3 million. If the Governor declares emergency drought conditions, the Emergency Drought Commission will be formed, consisting of the Directors of the Conservation Commission, Water Resources Board and the Secretary of Agriculture. The commission will determine how funds will be spent, subject to the approval of the Governor. The fund will be for drought-response activities that may include: pond cleanup and construction; water conservation methods in production agriculture; water for livestock; rural fire suppression activities; red cedar eradication; soil conservation; emergency infrastructure conservation and measures; and any other drought response activities identified by the commission.
HB 1740 – Rep. Harold Wright, Sen. A.J. Griffin
HB 1740 institutes stricter penalties for violations of the Oklahoma Scrap Metal Dealers Act. Effective Nov. 1, scrap metal dealers must have a special license issued annually by Oklahoma Department of Agriculture, Food and Forestry. Applicants must provide a full set of fingerprints for a national criminal history record check, along with detailed information on the application.
HB 1638 – Rep. Scott Biggs, Sen. Ron Justice
HB 1638 creates the Oklahoma Agritourism Activities Liability Act. It relieves the agritourism professional from liability for injury or death from the inherent risk of agritourism activities, as long as a warning notice is posted and maintained at the entrance of the agritourism location and at the site of the agritourism activity. Every written contract entered into by an agritourism professional must contain the warning language prescribed in HB 1638. Agritourism activities mean any activity carried out on a farm or ranch for the general public for recreational, entertainment, or educational purposes to view or enjoy rural activities.
SB 89 – Sen. Roger Ballenger, Rep. Paul Wesselhoft
SB 89 increases the fine from $200 to an amount not to exceed $400 for dumping trash on public or private property, and the person ticketed is responsible for any required court costs.
HB 2055 – Rep. Mike Jackson, Sen. Greg Treat
HB 2055 provides a complete overhaul of the Administrative Procedures Act. The bill requires oversight and legislative approval of agency rules.
Bills signed by governor of interest to OKFB members
HB 1920 – Rep. Dustin Roberts, Sen. Mike Allen
HB 1920 authorizes ODAFF to issue a permit to any landowner or person who has contracted with a landowner to manage depredating animals by use of non-fixed-wing aircraft, only on land owned by the landowner. Management may be conducted by counting, photographing, relocating, capturing or hunting. Depredating animals include feral hogs, coyotes, and crossbreeds between coyotes and dogs.
HB 1094 – Rep. Dustin Roberts, Sen. Frank Simpson
HB 1094 creates the “Home Bakery Act.” It exempts a home-food establishment, a business on the premises of a residence in which prepared food is created for sale or resale with gross annual sales of less than $20,000, from licensing requirements from the State Department of Health. Prepared food means any baked goods, except for products that contain meat products or fresh fruit.
HB 1762 – Rep. Tommy Hardin, Sen. Corey Brooks
HB 1762 modifies criteria for county commissioners to institute a burn ban. Commissioners may institute a county burn ban when there is extreme fire danger. Extreme fire danger means:
a. Severe, extreme, or exceptional drought conditions exist as determined by the National Oceanic and Atmospheric Administration,
b. No more than one-half inch of precipitation is forecast for the next three days, and
c. Either of the following:
1) Fire occurrence is significantly greater than normal for the season and/or initial attack on significant number of wildfires has been unsuccessful or 2) Where data is available, more than 20 percent of the wildfires in the county have been caused by escaped debris or controlled burning.
SB 838 – Sen. Ron Justice, Rep. Mike Sanders
A change to fair board election law, which became effective in 2013, caused many concerns to persons involved in their local fair boards. In response to those concerns, SB 838 returned the fair board election law to what it was prior to 2013. Sen. Justice and Rep. Sanders have committed to working with stakeholders before the next legislative session to discuss what changes might be needed for the election process.
HB 1039 – Rep. Dennis Casey, Sen. Eddie Fields
HB 1039 clarifies Registered Farmers Markets are not Special Events under the Oklahoma Tax Code. A Registered Farmers Market is a designated area in which farmers, growers or producers from a defined region gather on a regularly scheduled basis to sell at retail nonpotentially hazardous farm food products and wholeshell eggs to the public.
Governor Mary Fallin’s Executive Order 2013-19
The Executive Order establishes the Pipeline Safety Task Force. The task force will consist of 11 appointed members who will assess pipeline safety and prevention of excavation damage under federal law. Production agriculture receives an exemption under the Oklahoma Underground Facilities Damage Prevention Act. Under the act, the following are excluded from the definition of “excavate”: any form of cultivation for agricultural purposes, including augering, dozing by noncommercial dozer operators, digging for postholes, farm ponds, land clearing or other normal agricultural purposes.
2013 Legislative Wrap-Up video
Oklahoma legislators, along with OKFB staff and leaders, discuss the results of the 2013 Oklahoma legislative session and its impact upon rural Oklahoma and agriculture. This video hits merely the highlights of a highly successful legislation for rural Oklahoma.
