2023 Legislative Wrap Up

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THE STATE CHAMBER

2023 LEGISLATIVE WRAP UP

That’s a Wrap: 2023 Legislative Session

The first session of the 59th Legislature adjourned sine die May 26 after working until the constitutional clock ran out. Nearly 2,900 bills, both good and bad, lay dormant after the ASPIRE Oklahoma education package became center focus in mid-April. During that time, Gov. Kevin Stitt vetoed 22 bills. As sine die adjournment was looming, the Legislature called a concurrent extraordinary session to complete all Joint Committee on Appropriation and Budget bills, running from May 17 to June 30, if not adjourned sooner. This gave the House and Senate time to override vetoes and consider other bills in the regular session, not related to the budget.

Education: The Star of the 2023 Session

The 2023 ASPIRE Oklahoma education package includes:

„ An income-based tax credit for parents who send their child to private or charter schools outside of their assigned public school.

„ $1,000 income tax credit per child for those choosing to homeschool.

„ $625 million investment into public education.

„ $500 million into the education funding formula, including funding for six weeks maternity leave.

„ An experience-based pay raise for all teachers starting at $3,000 and as much as $6,000.

„ $10 million for a three-year literacy program.

„ $125 million to the Redbud Fund, equalizing ad valorum tax collections in rural area school districts.

„ $150 million for a school safety pilot program, providing every school district with a school resource officer or security upgrades.

A Look at the Budget Numbers

This year’s general appropriations bill for the upcoming fiscal year, which starts in July, was $11.3 billion. An estimated $755 million in revenue for fiscal year 2023 on the table and over $3 billion in the state’s reserve account. Spending increases included roughly $1.1 billion in recurring expenses (most of which goes to the ASPIRE education plan) and about $2 billion in one-time expenditures.

Two Stepping Towards Tax Reform

The legislature took the advice of the Tax Foundation’s study, commissioned by The State Chamber Research Foundation, and eliminated two tax burdens to Oklahomans – the marriage penalty and the state’s franchise tax. This totals about $70 million in tax reductions, taking Oklahoma two steps closer to comprehensive tax reform.

EXECUTIVE ACTIONS BY THE NUMBERS BILLS SIGNED:

VETOED VETO OVERRIDES OVERRIDES FAILED LAW WITHOUT SIGNATURE POCKET VETO

50 regular session, 2 special session. 15 from regular session, 52 budget bills from special concurrent session. 344 2
52 19 1 67 5

THE STATE CHAMBER 2023 LEGISLATIVE AGENDA ACHIEVEMENTS

SB 621: Oklahoma Workforce Commission | Effective date: 8/24/2023

Creates the Oklahoma Workforce Commission, a single workforce development coordinator for the state.

Authors: Sen. Adam Pugh and Rep. Brian Hill

HB 2750: Eliminates Licensure Barriers | Effective date: 11/1/2023

Allows third party test proctors for the written portion of the commercial driver ’s license process.

Authors: Rep. Nicole Miller and Sen. John Haste

HB 2452: Expands Access to Childcare | Effective date: 11/1/2023

Codifies that childcare facilities licensed by the Oklahoma Department of Human Services (DHS) are not subject to stricter local regulations.

Authors: Rep. Suzanne Schreiber and Sen. Jessica Garvin

HB 1039X: Franchise Tax | Effective date: 7/1/2023

Terminates the collection of the franchise tax.

Authors: Rep. Kevin Wallace and Sen. Roger Thompson

*Dormant bills can be heard next year.

HB 1375

Failed to be heard on Senate floor..

Would have modified the apportionment formula to a single sales factor for what income the Oklahoma corporate income tax rate is applied to.

Authors: Rep. Jeff Boatman and Sen. Dave Rader

HB 2285

Failed to be heard in conference committee.

Would have flattened the six-brackets for individual income tax into one bracket, lowered the individual income tax rate and raised the standard deduction.

Authors: Rep. Mark Lepak and Sen. Dave Rader

HB 1645

Failed to be heard in Senate Appropriations Committee.

Would have repealed the throwback rule within the corporate income tax apportionment formula.

Authors: Rep. Cody Maynard and Sen. Brent Howard

SB 1063

Failed to be heard in conference committee.

Would have created a income tax credit for businesses providing childcare benefits, whether on site or off site, to its employees.

Authors: Sen. Jessica Garvin and Rep. Mark Lawson

DORMANT
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ECONOMIC DEVELOPMENT

HB 1600 | Failed to be heard in conference committee.

Would have exempted from sales tax any electronic equipment used for digital currency mining.

Authors: Rep. Ryan Martinez and Sen. John Michael Montgomery

HB 2289 | Effective date: 7/1/2023

Adjusts various provisions of the payment of taxes to the Oklahoma Tax Commission. Modifies the dates of certain Oklahoma Tax Commission processes from the date of mailing to the date indicated on the documents, clarifies that hearings are confidential, required the OTC to electronically file with county clerks all pertinent documents pertaining to the case, requires the organizer of an event to submit a list of all vendors registered with the event 10 days prior to it, clarifies when a claim for refund can be made and how, clarifies when an employer must file a reconciliation and the fine that incurs if they do not, and modifies the procedures after a sale of real property if it sold for more than the taxes, penalties and interest due.

Authors: Rep. John Pfeiffer and Sen. Dave Rader

HB 2459 | Effective date: 7/1/2023

Includes student, military and restorative work program wages eligible for the Oklahoma Film Tax Credit, and includes the work done in an Oklahoma sound stage.

Authors: Rep. Brian Hill and Sen. Chuck Hall

SB 212 | Effective date: 11/1/2023

Requires an affidavit when recording a deed with a county clerk stating the ownership of the land being conveyed is owned by a person or entity that is not a U.S. citizen and the funding of the sale is not from a person that is not a U.S. citizen.

Authors: Sen. David Bullard and Rep. Justin Humphrey

SB 317 | Effective date: 11/1/2023

Would have required Local Development and Enterprise Zone Incentive Leverage Districts to submit a report to the Department of Commerce about the bond amount, duration, captured revenue, amount of expenditures, appraised sale of local tax or fees collected and the participants in the district.

Authors: Sen. Dewayne Pemberton and Rep. Chris Sneed

SB 378 | Failed to be heard in conference committee.

Would have modified the requirements for eligible Oklahoma business venture and Oklahoma venture capital company for the income tax deduction for qualifying investments. Investors may claim $15 million in qualified investments. The bill also modifies reporting requirements, requiring the Department of Commerce to collect data.

Authors: Sen. Chuck Hall and Rep. Jeff Boatman

SUPPORT | OPPOSE | NEUTRAL 4

SB 463 | Effective date: 11/1/2023

Extends the sales tax exemption for locomotives, autocars and railroad cars to July 1, 2029. Removes the provision that the lease or sale must be by the manufacturer to be exempted.

Authors: Sen. Roger Thompson and Rep. Kyle Hilbert

SB 583 | Failed to be heard in conference committee.

Would have required the Oklahoma Tax Commission to submit reports on the Ad Valorem Reimbursement Fund to the Senate and House Chairs of Appropriations Committees with the total reimbursement payments, remaining unpaid claims and estimate on unpaid claims.

Authors: Sen. John Michael Montgomery and Rep. Kyle Hilbert

SB 602 | Effective date: 11/1/2023

Clarifies taxpayers electing full expensing of qualified property or qualified improvement shall not be a duplication of federal full expensing.

Authors: Sen. Dave Rader and Rep. Scott Fetgatter

SB 674 | Effective date: 6/6/2023

Creates Oklahoma Organized Retail Crime Task Force to review laws related to organized retail crime. The task force expires Dec. 31, 2024.

Authors: Pro Tem Greg Treat and Speaker Charles McCall

SB 684 | Failed to be heard in conference committee.

Would have allowed county assessors to utilize digital aerial images as the physical inspection, after an initial inspection, if changes were made to a property to make valuations.

Authors: Sen. Brenda Stanley and Rep. Chris Kannady

SB 745 | Effective date: 4/28/23

Modifies provisions related to the Incentive Evaluation Commission including the timeframe of review, the chair of the Commission, the period of appointment for some members, and what is being reviewed by the Commission.

Authors: Sen. Bill Coleman and Rep. Kyle Hilbert

SB 1057 | Failed to be heard in conference committee.

Would have created an event venue license under the Alcohol Beverage Law Enforcement Commission requiring venues to hold this license and implement specified safety measures, on top of any catering or other license held or required for the event.

Authors: Sen. Paul Rosino and Rep. Jon Echols

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ENERGY & NATURAL RESOURCES

HB 1928 | Effective date: 11/1/2023

Creates a Hazard Mitigation Financial Assistance Fund for the Oklahoma Water Resource Fund to use for loans and grants for hazard mitigation.

Authors: Rep. Lonnie Sims and Sen. Dave Rader

HB 1982 | Effective date: 11/1/2023

Removes the Oklahoma Water Resources Board’s duty to submit a status of water quality report; the Department of Environmental Quality now submits the report.

Authors: Rep. Brad Boles and Sen. Lonnie Paxton

HB 2053 | Effective date: 6/7/2023

Allows ground water use during an appeal for application of use of ground water. Disallows denial of application based solely on industry or entity applying.

Authors: Rep. David Hardin and Sen. Brent Howard

HB 2169 | Failed to be heard on Senate floor.

Would have required newly elected county assessors to complete initial accreditation within 18 months and advance accreditation within 18 months of initial accreditation. Would have required all county assessors and other appraisal personnel to complete an Oklahoma State University Center for Local Government Technology course on the valuation of property and attend continuing education courses during the three-year accreditation cycle.

Authors: Rep. Dick Lowe and Sen. John Michael Montgomery

HB 2242 | Effective date: 5/2/2023

Exempts victims of domestic violence from the public utility’s initial credit and deposit requirements.

Authors: Rep. Mike Dobrinski and Sen. Adam Pugh

HB 2293 | Effective date: 11/1/2023

Creates the Oklahoma Flood and Drought Management Task Force to develop and recommend flood response, recovery and mitigation initiatives, identify flood and drought areas in the state, coordinate between levels of government, and other drought and floor related response. Every ten years, the Task Force will provide an update to Oklahoma’s drought management plan.

Authors: Rep. John Pfeiffer and Sen. Darcy Jech

HB 2359 | Effective date: 11/1/2023

Sets up a process for the Corporation Commission to oversee the recycling of wind turbine blades and other renewable energy components.

Authors: Rep. Brad Boles and Sen. Lonnie Paxton

SUPPORT | OPPOSE | NEUTRAL 6

HB 2561 | Effective date: 5/2/2023

Exempts the price of natural gas from the provisions of the Emergency Price Stabilization Act.

Authors: Rep. Mark McBride and Sen. John Michael Montgomery

HB 2845 | Effective date: 11/1/2023

Requires the use of rate tariffs for specific rate classes for retail electric services for both regulated and unregulated electric service providers.

Authors: Rep. Trey Caldwell and Sen. Grant Green

SB 14 | Failed to be heard by Senate Energy and Telecommunications Committee.

Would have designated heritage rivers in Oklahoma to be any that have been free-flowing since statehood, restricting the use of the rivers.

Authors: Sen. David Bullard and Rep. Justin Humphrey

SB 19 | Effective date: 11/1/2023

Requires energy produced from bioenergy feedstocks from forest products be considered renewable and carbon neutral.

Authors: Sen. George Burns and Rep. Trey Caldwell

SB 255 | Effective date: 11/1/2023

Ensures fuel containing at least 15 percent ethanol will be labeled according to EPA E15 labeling requirements.

Authors: Sen. Dave Rader and Rep. Trey Caldwell

SB 477 | Failed to be heard on Senate floor.

Would have increased the Emission Reduction Technology incentive from $10 million to $25 million.

Authors: Sen. Lonnie Paxton and Rep. Brad Boles

SB 852 | Effective date: 6/7/2023

Authorizes the Corporation Commission to test and record methane emissions from orphaned wells and receive carbon credits for such measurements. If the Commission sells the credits, the proceeds must be deposited into the Oil and Gas Division Revolving Fund and may be used to offset the cost of testing for methane.

Authors: Sen. Dave Rader and Rep. Brad Boles

SB 960 | Failed to be heard by Senate Energy and Telecommunications Committee.

Would have allowed counties to levy a severance tax on surface mined materials, excluding coal.

Author: Sen. David Bullard

SB 1103 | Failed to be heard on Senate floor.

Would have allowed regulated electrical utilities to file a performance-based rate plan with the Corporation Commission.

Authors: Pro Tem Greg Treat and Speaker Charles McCall

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SB 210 | Failed to be heard in conference committee.

Would have exempted qualifying newly constructed petroleum refineries in Oklahoma from income tax for five years revenues generated and placed in service after the Effective date of the act for tax years 2024 to 2034.

Authors: Sen. John Haste and Rep. Kyle Hilbert

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HB 1736 | Effective date: 11/1/2023

Requires beneficiaries of health insurance plans to try step therapy protocol treatments for chronic respiratory failure consequent to chronic obstructive pulmonary disease and fail at those treatments before utilizing more invasive and extensive therapy, with some exceptions.

Authors: Rep. Tammy Townley and Sen. Brenda Stanley

HB 1843 | Effective date: 11/1/2023

Would have made the Attorney General the pharmacy benefit manager regulator instead of the Oklahoma Insurance Department.

Authors: Rep. Dell Kerbs and Sen. Greg McCortney

HB 2154 | Effective date: 11/1/2023

Extends the protections against assault and battery to all hospital and medical facility workers or independent contractors.

Authors: Rep. Cynthia Roe and Sen. Kristen Thompson

HB 2172 | Effective date: 11/1/2023

Makes online harassment, threatening or intimidation of medical professionals, when related to their job, illegal. Medical professional is broadly defined to include generally employees and independent contracts at a medical facility or hospital.

Authors: Rep. Cynthia Roe and Sen. Kristen Thompson

HB 2748 | Effective date: 11/1/2023

Prohibits step therapy requirements by a health plan for the coverage of certain prescription drugs to treat metastatic cancer.

Authors: Rep. Nicole Miller and Sen. Brenda Stanley

SB 254 | Effective date: 11/1/2023

Requires health benefit plan to set up procedures to access an out-of-network behavioral health care provider.

Authors: Sen. Jessica Garvin and Rep. Jeff Boatman

SB 442 | Effective date: 11/1/2023

Requires health benefit plans offered in the state to publish a list of providers covered by the plan and requires the public to submit inaccuracies to the information posted.

Authors: Sen. John Michael Montgomery and Rep. Chris Sneed

SB 513 | Effective date: 1/1/2024

Requires health insurance plans to cover biomarker testing for certain individuals.

Authors: Sen. Paul Rosino an Rep. Nicole Miller

HEALTHCARE SUPPORT | OPPOSE | NEUTRAL 9

HR & LABOR LAW

HB 1045 | Effective date: 11/1/2023

Requires drug testing facilities to report single-use test results sent for testing to be sent to an employer’s review officer by the next working day. The final results, consisting of the single-use tests, confirmatory tests, and quality control data, will then be reviewed and certified.

Authors: Rep. Mark Lawson and Sen. Todd Gollihare

HB 1408 | Effective date: 11/1/2023

Creates the First Responders Job Protection Act to ensure first responders exposed to a controlled dangerous substance while responding to an emergency can provide notice to their employer within 14 days of exposure to rule out passive exposure in the event of a positive test.

Authors: Rep. Bob Ed Culver and Sen. Todd Gollihare

HB 1738 | Effective date: 1/1/2024

Updates the workers’ compensation payment amounts for each child of a deceased employee.

Authors: Rep. Tammy Townley and Sen. Jerry Alvord

HB 2456 | Effective date: 11/1/023

Renews the 5 percent technology reinvestment fee paid to the Oklahoma Employment Security Commission (OESC), makes it permanent, removes the cap and allows $25 million annually to accrue in the fund, with a three percent increase each year. Excess funds are transferred to the UI fund. Also doubles the fee for failing to file contribution and wage reporting.

Authors: Rep. Brian Hill and Sen. Lonnie Paxton

HB 2464 | Effective date: 11/1/023

Creates the Independent Driver Classification Act. It requires all Transportation Network Company drivers be independent contractor and not employees.

Authors: Rep. Brian Hill and Sen. Lonnie Paxton

HB 2481 | Failed to be heard in House Rules Committee.

Would have created the Civil Liability for Employers Hiring Ex-Offenders Act. Prohibits a cause of action from being brought against an employer, contractor or premises owner for hiring an employee who has been convicted of a nonviolent, nonsexual offense.

Author: Rep. Brian Hill

SB 31 | Failed in Senate Business and Commerce.

Would have created the Uniform Worker Classification Act to update and clarify the definition of and process for determining an independent contractor in Oklahoma.

Author: Sen. Michael Bergstrom

SUPPORT | OPPOSE | NEUTRAL 10

HB 1965 | Effective date: 11/1/2023

Allows any easement held by an electric provider for electric services be also used for its broadband subsidiary, telecommunications provider or other approved broadband provider to provide broadband services.

Authors: Rep. Carl Newton and Sen. Brent Howard

HB 2352 | Failed to be heard in Senate Aeronautics and Transportation Committee. Would have created the Oklahoma Rural Highway Improvements for Safety Act, requiring the Oklahoma Department of Transportation to add 250 center-line mile upgrades for rural two-lane highways with deficient shoulders.

Authors: Rep. Eddie Dempsey and Sen. Jessica Garvin

SB 34X | Effective date: 6/2/2023

Allows the sales tax exemption for qualifying broadband equipment to remain without the enactment of an incentive award formula, as contemplated in the law previously

Authors: Sen. Roger Thompson and Rep. Kevin Wallace

SB 502 | Effective date: 11/1/2023

Sets regulations for retail and municipal electric providers that provide power to electric vehicle charging stations.

Authors: Sen. Chuck Hall and Rep. Kyle Hilbert

SB 576 | Failed to be heard in conference committee.

Creates a foreign export certificate for vehicles purchased in state but shipped out of state within 120 days. The foreign export certificate is exempt from the vehicle excise tax.

Authors: Sen. John Michael Montgomery and Rep. Jeff Boatman

SB 773 | Sec.14-16 effective date: 11/1/2023, Sec.1-13 effective date: 7/1/2024

Within the Department of Transportation, directs the Oklahoma Advanced Mobility Pilot Program to focus on development an improvement on transportation technologies including advanced ground transportation, autonomous ground vehicles, air mobility and autonomous electric vertical take-off and landing vehicles. The Department of Transportation will select state agencies to administer the program.

Authors: Sen. Paul Rosino and Rep. Nicole Miller

SB 849 | Effective date: 6/6/23

Requires Oklahoma Management and Enterprise Services to provide the Oklahoma Broadband Office administrative assistance within 30 days of request or a reason for not fulling the request; and allows the Broadband Office the ability to hire legal counsel.

Authors: Sen. Lonnie Paxton and Rep. Trey Caldwell

SUPPORT | OPPOSE | NEUTRAL 11
INFRASTRUCTURE

SB 942 | Vetoed 6/9/2023

Creates the Oklahoma Aircraft Engine Testing Development Grant Program providing entities grants for the construction or update of and aircraft engine testing facility. The grant requires a public private partnership, with the applicant matching 40% of the funds needed.

Authors: Sen. John Haste and Rep. Kevin Wallace

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HB 1542 | Effective date: 11/1/2023

Clarifies a restaurant can donate food and will not be liable for damages caused by the condition of the food. Does not exempt intentional acts, omissions or gross negligence.

Authors: Rep. Anthony Moore and Sen. Brenda Stanley

HB 2372 | Failed to be heard on Senate floor.

Would have made a motion or hearing for default judgement not required if a defendant fails to a file a written response within 20 days after being served with a summons or petition.

Authors: Rep. Chris Kannady and Sen. Brent Howard

HB 2391 | Failed to be heard on Senate floor.

Would have required disclosure of third-party litigation funding agreements.

Authors: Rep. Bob Ed Culver and Sen. Brent Howard

HB 2790 | Effective date: 11/1/2023

Creates the Oklahoma Hospital Cybersecurity Protection Act of 2023 and provides an affirmative defense for hospitals employing best industry practices when a data breech occurs.

Authors: Rep. Preston Stinson and Sen. Brent Howard

SB 617 | House overrode veto / Senate did not take up.

Clarifies the proper venue for legal action against limited liability companies.

Authors: Sen. Lonnie Paxton and Rep. Anthony Moore

SB 1087 | Failed to be heard in House Rules Committee.

Would have placed a physician with privileges at but not employed by a public trust hospital be covered under the Governmental Tort Claims Act.

Authors: Sen. Brent Howard and Rep. Marcus McEntire

SUPPORT | OPPOSE | NEUTRAL 13
LEGAL REFORM

HB 1348 | Failed to be heard in conference committee.

Would have allowed heavy machinery rental companies to include a 1.25% recovery fee on each rental charge for the purposes of paying personal property taxes on the machinery.

Authors: Rep. Scott Fetgatter and Sen. Dave Rader

HB 2542 | Effective date: 7/1/2023 / 4/28/23 effective date unclear. Adds hydrogen fuel cells to the one-time income tax credit for investments in clean-burning motor fuel property.

Authors: Rep. Terry O’Donnell, Rep. Mark McBride and Sen. Tom Woods

SB 168 | Effective date: 11/1/2023

Prohibits local building codes from restricting the use of approved refrigerants provided the equipment is installed in accordance with all safety standards and use conditions.

Authors: Sen. Bill Coleman and Rep. Kevin McDugle

SB 1068 | Failed to be heard in conference committee.

Would have exempted custom manufacturing from the state level sales tax when the purchase of the custom order is between two manufacturers.

Authors: Sen. Brent Howard an Rep. Scott Fetgatter

SB 1071 | Failed to be heard in conference committee.

Would have provided an income tax exemption for hydrogen manufactures for the first $10 million within the first five years of operation. The exemption will expire in 2034.

Authors: Sen. John Michael Montgomery and Rep. Kevin Wallace

SUPPORT | OPPOSE | NEUTRAL 14
MANUFACTURING

HB 1934 | Effective date: 11/1/2023

Creates a tax credit for parents or legal guardians for qualified educational expenses, ranging from $1,000 to $7,500 based on income.

Authors: Speaker Charles McCall and Pro Tem Greg Treat

HB 1956 | Effective date: 11/1/2023

Garnishes wages if a person with an occupational license is delinquent on taxes, instead of not renewing or reissuing the license.

Authors: Speaker Charles McCall and Pro Tem Greg Treat

HB 2314 | Effective date: 7/1/2023

Allows a local board of education to provide transportation for students living outside the district.

Authors: Rep. Kyle Hilbert and Sen. Adam Pugh

SB 93 | Effective date: 7/1/2023

Makes the completion of the Free Application for Federal Aid a graduation requirement for all Oklahoma graduating seniors, and provides an opt out provision.

Authors: Sen. Dave Rader and Rep. Anthony Moore

SB 516 | Sec.1-3,21 effective date: 9/1/2023, Sec.4-20,22 effective date: 7/1/2024

Creates the Statewide Charter School Board, a sole statewide charter school authorizer for both virtual and brick and mortar charter schools and abolishes the Statewide virtual School Board.

Authors: Sen. Adam Pugh and Rep. Jon Echols

SB 930 | Effective date: 11/1/2023

Creates a career pathway for aerospace and aviation industries called the AeroSPACE Program. Through industry partnerships, the curriculum may be developed and employed in all education levels and institutions.

Authors: Sen. Paul Rosino and Rep. Rhonda Baker

WORKFORCE SUPPORT | OPPOSE | NEUTRAL 15

BAD FOR BUSINESS

ECONOMIC DEVELOPMENT

HB 1030 | Failed to be heard in Senate Rules Committee.

Would have created the Oklahoma Computer Data Privacy Act, providing costly mandates on how businesses should collect and maintain data from its consumers. This burdensome bill added to the increasing patchwork for data privacy laws in the Nation, making it more difficult for multistate companies to comply.

Authors: Rep. Josh West and Sen. Brent Howard

HB 1398 | Failed in Senate Retirement and Insurance Committee.

Would have removed the distinction between in and out of network for emergency care, raising medical insurance costs and undermining established contracts.

Authors: Rep. Mark Lepak and Sen. Shane Jett

HB 1633 | Failed to be heard in Senate Finance Committee.

Would have prohibited businesses from being cashless, mandating business to always accept cash.

Authors: Rep. Clay Staires and Sen. Michael Bergstrom

HB 1694 | Failed in Senate Retirement and Insurance Committee.

Would have applied a minimum loss ratio to dental plans, which would increase Oklahomans’ out of pocket costs for dental care.

Authors: Rep. Marcus McEntire and Sen. John Michael Montgomery

HB 1955 | Failed to be heard in Senate Rules Committee.

Would have eliminated state level sales tax on food items.

Author: Speaker Charles McCall

HB 2191 | Failed to be heard on the Senate floor.

Would have removed economic development from the allowable uses of eminent domain, slowing the state’s economic growth. It would have limited the government’s ability to use public domain without statutory authority.

Authors: Rep. Kevin West and Sen. Todd Gollihare

HB 2853 | Failed to be heard on Senate floor.

Would have created the Oklahoma Rebate Pass-Through and PBM Meaningful Transparency Act of 2023 and expanded the definition of pharmacy benefits manager under the Pharmacy Audit Integrity Act, and created new licensure reequipments and business structure of a PBM.

Authors: Rep. Kevin Wallace and Sen. John Michael Montgomery

16

SB 20X | Failed to be heard in the Joint Committee on Budget and Appropriations.

Would have required any person or business who processes regulated data to maintain reasonable security procedures and required prompt notification to the Attorney General, if there was a suspected breach.

Authors: Sen. Roger Thompson and Rep. Kevin Wallace

SB 947 | Failed to be heard on the House floor.

Would have required people seeking a class D driver’s license to take a class about teen drivers, work zones and first responder safety.

Authors: Sen. Darcy Jech and Rep. Carl Newton

SB 1075 | Failed to be heard in Senate Rules Committee.

Would have prohibited state agencies and political subdivisions from entering into a contract with a business that engages in an economic boycott.

Author: Sen. Shane Jett

Economic Boycott and Environmental, Social and Governance Related Bills

HB 1947 | Failed to be heard in House Rules Committee.

Would have prohibited a company from entering into contract with a government entity if the company did not agree to include a statement in the contract denouncing engagement in economic boycotts during the term of the contract.

Author: Speaker Charles McCall

HB 2212 | Failed to be heard in House Rules Committee.

Would have prohibited banks, credit unions, and businesses from discriminating against, advocating for, or basing services on subjective or arbitrary standards, including social media posts, association membership or affiliation, political affiliation, employer, social credit score, environmental, social and governance score, or other values based criteria.

Author: Rep. Kevin West

HB 2218 | Do Pass failed in Senate General Government Committee.

Would have prohibited the state or other governmental entity from entering into a contract with a company without a verification that the company does not discriminate against firearm entities or associations and will not discriminate against firearm entities or associations during the term of the contract.

Authors: Rep. Kevin West and Sen. Michael Bergstrom

HB 2340 | Failed to be heard in House Rules Committee.

Would have prohibited the state from entering into contracts without the verification that the company would not participate in economic boycotts.

Author: Rep. Mark Lepak

17

SB 672 | Failed to be heard in Senate Business and Commerce Committee.

Would have prohibited financial institutions from denying services based non-financial factors and mandated financial institutions to disclose what other non-financial factors they consider, including political, ideological and social factors, when denying someone their services.

Author: Sen. George Burns

SB 842 | Failed to be heard in Senate Appropriations Committee.

Would have prohibited the state or other governmental entity from entering into a contract with a company without a verification that the company does not discriminate against firearm entities or associations and will not discriminate against firearm entities or associations during the term of the contract.

Author: Sen. Lonnie Paxton

SB 868 | Failed to be heard in Senate Business and Commerce Committee.

Would have prohibited the used of social credit scores in the state.

Author: Sen. Nathan Dahm

SB 974 | Failed to be heard in Senate Rules Committee.

Would have prohibited use of ESG by government entity, business or citizen or individual in the state. State contractors must not engage in ESG or other scoring for firing employees.

Author: Sen. Shane Jett

SB 1075 | Failed to be heard in Senate Rules Committee.

Would have prohibited a state agency or political subdivision from entering into an agreement or contract with a business without a clause indicating the business would not participate in economic boycotts.

Authors: Sen. Shane Jett and Sen. Hamilton

HR & LABOR LAW

HB 1065 | Failed to be heard in House Rules Committee.

Would have added criminal history to the list of discriminatory employment practices.

Author: Rep. John Talley

SB 994 | Failed to be heard in Senate Health and Human Services Committee.

Would have prohibited vaccination as a condition of employment.

Author: Sen. Shane Jett

SB 628 | Failed to be heard in Senate Business and Commerce.

Would have prohibited an employer from requiring a current employee get vaccinated for the prevention of COVID-19 or any variant for five years, unless otherwise required as a condition of federal funds or participation in a federal program.

Author: Sen. Blake Stephens

18

SB 1077 | Failed to be heard on the Senate floor.

Would have required employers who do not hire ex-felons to disclose this on the job application. It prohibits employers from asking if an employment candidate has been convicted of a felony and allows employers to request a background report. The bill exempts law enforcement, judiciary, education institutions, care facilities and medical facilities.

Authors: Sen. Jack Stewart and Sen. John Talley

Numerous Bills Attempting To: Increase minimum wage. Restrict employers ability to: require vaccines, create benefit and leave policies best suited to their employees and business, restrict a business’ ability to restrict firearms on its property.

Status: None signed into law.

LEGAL REFORM

HB 1012 | Failed to be heard in House Health Services and Long-Term Care Committee.

Would have permitted the State Department of Health to create an administrative court and appeals process for the purpose of adjudicating complaints against hospitals.

Authors: Rep. Jon Echols and Sen. Jessica Garvin

HB 1588 | Failed to be heard on House floor.

Would have modified the statute of limitations for adverse possession actions.

Authors: Rep. Jim Grego and Sen. Brent Howard

INFRASTRUCTURE

HB 1913 | Failed to be heard in House Rules Committee.

Would have required any member of the Turnpike Authority Board to receive successive terms only via retention ballot.

Author: Rep. Andy Fugate

HB 2125 | Failed to be heard in House Rules Committee.

Would have required legislative approval for actions related to tolls by the Turnpike Authority.

Author: Rep. Amanda Swope

HB 2262 | Failed to be heard in House Transportation Committee.

Would have removed the authority of the Turnpike Authority to perform certain construction and requires all authorized construction on any turnpike project begin within five years of legislative authorization.

Author: Rep. Danny Sterling

HB 2264 | Failed to be heard in House Transportation Committee.

Would have required the Turnpike Authority to conduct certain studies and give related notice prior to any major bonds or projects are authorized.

Author: Rep. Danny Sterling

19

HB 2606 | Failed to be heard in House Rules Committee.

Would have required the Turnpike Authority to prepare maps of areas affected by proposed construction and present them to the State Election Board which shall call a special election of affected landowners for a referendum on the proposed project.

Author: Rep. Justin Humphrey

HB 2728 | Failed to be heard in House Transportation Committee.

Would have required bond applications filed by the Turnpike Authority to provide notice of the hearing on the application by certified mail to any and all real property owners within a one mile radius of the project.

Authors: Rep. Annie Menz and Sen. Jessica Garvin

HB 2729 | Failed to be heard in House General Government.

Would have required the State Auditor and Inspector perform a special audit of the Turnpike Authority to be submitted to the Governor and the Legislature.

Authors: Rep. Annie Menz and Sen. Mary Boren

SB 419 | Failed to be heard in Senate Transportation and Aeronautics Committee.

Would have required the Turnpike Authority to obtain legislative approval prior to increasing toll rates on any turnpike.

Author: Sen. Mary Boren

SB 785 | Failed to be heard in Senate Transportation and Aeronautics Committee.

Would have required the Turnpike Authority be audited annually by the State Auditor and Inspector, restricted the obtaining of bonds by the Authority, and restricted the usage of Authority bonds to only turnpikes already in service.

Author: Sen. Mary Boren

SB 864 | Failed to be heard in Senate Transportation and Aeronautics Committee.

Would have declared a moratorium on turnpike projects.

Author: Sen. Nathan Dahm

SB 970 | Failed to be heard in Senate Transportation and Aeronautics Committee.

Would have required county election boards organize special elections amongst property owners within one mile of proposed turnpike projects to approve new turnpike projects by the Turnpike Authority, and requires Legislative approval.

Author: Sen. Shane Jett

ENERGY & NATURAL RESOURCES

SB 14 | Failed to be heard by Senate Energy and Telecommunications Committee.

Would have designated heritage rivers in Oklahoma to be any that have been free-flowing since statehood, restricting the use of the rivers.

Authors: Sen. David Bullard and Rep. Justin Humphrey

20

SB 960 | Failed to be heard by Senate Energy and Telecommunications Committee.

Would have allowed counties to levy a severance tax on surface mined materials, excluding coal.

Author: Sen. David Bullard

SB 851 | Failed to be heard on Senate floor.

Would have defined a “basin integrity study” to mean a scientific study to determine sustainable instream flow regimes tailored for certain basins in certain seasons in Oklahoma. It requires results of such studies to meet the demand of consumptive and non-consumptive uses.

Author: Sen. David Bullard and Rep. Justin Humphrey

21

THE STATE CHAMBER

2023 LEGISLATIVE WRAP UP

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