2021 Legislative Wrap-Up

LEGISLATIVE WRAP-UP 2021

2021 SESSION SUMMARY

With the first session of the 58th legislature wrapped up, Oklahoma continues to be a top place for business and the accomplishments of this session will make us more competitive in the future. Before session began, big questions loomed: Oklahoma has expanded Medicaid, but how will we pay for it?

Following a pandemic, what will state revenue look like? What topics failed to move during the 2020 session that were back for consideration?

Even though the last year brought quite a bit of change, there was continuity of leadership at the Capitol. Pro Temp Greg Treat and Floor Leader Kim David are still at the helm in the Senate, with Minority Leader Kay Floyd serving her caucus. House leadership saw some change due to term limits – a new Speaker Pro Temp, Rep. Terry O’Donnell – but Speaker Charles McCall continued to serve his new larger caucus along with Minority Leader Emily Virgin leading the House Democrats.

The make-up of the legislature looked different following the November 2020 general election. Four Democrats lost their seats and we welcomed 23 new freshman legislators. The House Republicans now hold a stronger supermajority – 82 members – and the House Democrats have 19 members. The Senate party caucuses saw no change – although a few districts flipped – Republicans retained 39 members and Democrats have 9 members.

HAVE QUESTIONS? Contact the State Chamber Government Affairs Team

EMILY CROUCH

ecrouch@okstatechamber.com 405-272-4421

KINSEY WESTWOOD

kwestwood@okstatechamber.com 405-272-4417

2021 LEGISLATIVE PRIORITIES Modernize the Unemployment System: Long-standing systematic inefficiencies and lessons learned during the global pandemic force the need for modernization of Oklahoma’s unemployment system to keep Oklahoma competitive.

SB 789: Modernizing the unemployment system. Right now, if the state’s unemployment insurance fund drops below $25 million, the state can automatically assess a surcharge to all employers. SB 789 removes the automatic trigger.

Authors: Sen. James Leewright and Rep. Kevin Wallace Status: Signed by Gov. Kevin Stitt Effective Date: July 1, 2021 Restructure the State’s Civil Service System: A reorganization of Oklahoma’s civil service system focused on recruiting top talent and rewarding employee performance will improve state agency efficiency and effectiveness. This will provide the certainty Oklahoma citizens and businesses need from state government.

HB 1146: A prime example of good government, modernizing the way Oklahoma hires and terminates employees, allowing the state more flexibility to find and recruit top talent. This will ultimately provide more efficient and effective state government.

Authors: Rep. Mike Osburn and Sen. Greg Treat Status: Signed by Gov. Kevin Stitt Effective Date: Jan. 1, 2022 Encourage Choice and Accountability in all Oklahoma Schools: Oklahoma families and businesses want a high-quality education system that offers opportunities for the next generation of our workforce. Students seeking new options need more transfer opportunities and low performing schools need access to highly qualified consultants and experts to assist in the redesign and improvement of their school.

SB 783: Giving parents control over where their child goes to school based on need and not a zip code will ensure students reach their fullest potential and optimize their future career options.

Authors: Sen. Adam Pugh and Rep. Brad Boles Status: Signed by Gov. Kevin Stitt Effective Date: March 31, 2021

HB 2078: Ensuring schools are appropriately funded based on their actual attendance by modifying the state’s education funding formula from a three-year average to a twoyear average will improve public schools in Oklahoma, leading to a better workforce now and in the future.

Authors: Rep. Kyle Hilbert and Sen. Zack Taylor Status: Signed by Gov. Kevin Stitt Effective Date: Jan. 1, 2022 Create a Transparent Judicial System: To restore confidence in the judiciary, we need to open the judicial branch to public view and establish consistent rules and processes for how the courts will operate. A fair and transparent court system is essential for all Oklahomans.

SB 155: Creating transparency in the third branch of government through the creation of a public docket at the Oklahoma Supreme Court is a big step forward for the Oklahoma business community. Currently, there is no way to tell what cases the Oklahoma Supreme Court is considering or when they will consider them. SB 155 directs the Oklahoma Supreme Court to provide a list of cases being reviewed as well as hearings, court conferences, session dates and proceedings.

Authors: Sen. Brent Howard and Rep. Gerrid Kendrix Status: Signed by Gov. Kevin Stitt Effective Date: Nov. 1, 2021 Deliver Quality and Performance in Medicaid: As the state’s Medicaid program prepares to expand, delivering reforms that establish robust care coordination through public-private partnerships will improve health outcomes for Oklahomans on Medicaid and provide the state with budget predictability.

SB 131: Creates the Ensuring Access to Medicaid Act. It places certain requirements on private managed care organizations contracting with the state to ensure compliance with contract provisions, as well as additional rules developed by the legislature.

Authors: Sen. Greg McCortney and Rep. Marcus McEntire Status: Became law without Gov. Kevin Stitt’s signature Effective Date: Sept. 1, 2021 Strengthen the State Question Process: Oklahomans have a unique power to influence the public policy process through ballot initiatives. It is vital any changes to state law or the constitution are representative of the entire state and originate based on what is best for Oklahoma.

SB 947: Gives voters more information when heading to the ballot box to vote on initiative petitions. Initiative petitions will now have to indicate if there is a fiscal impact that would result in a new tax, increase an existing tax or eliminate existing services. It also increases the allowable word count when there is a fiscal impact.

Authors: Sen. Paul Rosino and Rep. Tammy West Status: Signed by Gov. Kevin Stitt Effective Date: Nov. 1, 2021

FIRST SESSION OF THE 58TH LEGISLATURE RECAP

2021 LEGISLATION AEROSPACE, TECHNOLOGY, DEFENSE & TELECOMMUNICATIONS HB 1124: Creates the State Broadband Deployment Grant Program. Grants will be awarded to businesses expanding access to broadband throughout the state. The program will be housed within the Department of Commerce, with advisement from the Rural Broadband Expansion Council.

Authors: Rep. Logan Phillips and Sen. Casey Murdock Effective Date: Nov. 1, 2021 HB 2928: Broadband service providers must submit their FCC required service maps to the Rural Broadband Expansion Council and the Department of Commerce.

Along with the maps, the entities must submit download and upload speeds for the covered areas. These reports will allow the Rural Broadband Expansion Council to continue to evaluate where expansion is needed in the state.

Authors: Rep. Charles McCall, Rep. Mickey Dollens, Sen. Micheal Bergstrom and Sen. James Leewright Effective Date: April 22, 2021 HB 2946: Exempts internet providers’ broadband equipment from sales tax if the equipment is used for underserviced or unserved areas. The Oklahoma Tax Commission will gather information on the rebates and report it to the Oklahoma Department of Commerce and the Rural Broadband Expansion Council.

Authors: Rep. Kevin Wallace, Rep. Kyle Hilbert, Sen. Chuck Hall and Sen. Roger Thompson Effective Date: July 1, 2021 HB 2040: Provides guidelines for the Rural Broadband Expansion Council to create an incentive award for entities providing broadband internet services at defined speeds. The approach weighs the service need of the area, if broadband is in the area already, the other resources for

broadband in the area, if a public private partnership exists and the maintenance capacity of the provider.

Authors: Rep. Charles McCall and Sen. James Leewright Effective Date: July 1, 2021 SB 802: Increases the number of members on the Oklahoma Rural Broadband Expansion Council by including a tribal member and a Wireless Internet Service Provider living within Oklahoma.

Authors: Sen. James Leewright, Sen. Shane Jett and Rep. Logan Phillips Effective Date: April 22, 2021 SB 893: Expands the definition of qualified employees for the aerospace engineering tax credit. Aerospace engineers are now included if the undergraduate or graduate program at their higher education institution was accredited, as are professional engineers in the field.

Authors: Sen. Adam Pugh and Rep. Scott Fetgatter Effective Date: Nov. 1, 2021

ECONOMIC DEVELOPMENT HB 1060: Allows transactions involving tangible personal property between parent companies and wholly owned subsidiaries to be exempted from sales tax.

Authors: Rep. Brad Boles and Sen. Lonnie Paxton Effective Date: Nov. 1, 2021 HB 2365: The Oklahoma Supplier Diversity Initiative will promote the use of small businesses certified by a number of programs that have less than 500 employees and make $25 million or less in revenue for government projects in Oklahoma.

These businesses will be alerted when an opportunity is available.

Authors: Rep. Ty Burns and Sen. Bill Coleman Effective Date: Nov. 1, 2021

HB 2775: Creates a new formula for cost approach as it relates to ad valorem taxes to further define accrued depreciation to include ordinary wear and tear, functional or internal obsolescence and economic obsolescence.

Authors: Rep. John Pfeiffer and Sen. John Michael Montgomery Effective Date: Nov. 1, 2021 HB 2860: The Oklahoma Remote Quality Jobs Incentive Act creates an incentive program for Oklahoma to attract remote jobs. It provides quarterly incentive amounts based on county size where the attracting establishment is located.

Authors: Rep. Kevin Wallace and Sen. Roger Thompson Effective Date: July 1, 2021 HB 2880: Allows net losses to be carried over beginning with losses in the FY 2018.

It allows losses not allowed in federal income taxes to be carried over for Oklahoma income tax purposes.

Authors: Rep. Kevin Wallace and Sen. Brent Howard Dormant: Failed to move out of conference HB 2960: Decreases the corporate income tax to 4% from 6% beginning in 2022.

Authors: Rep. Charles McCall, Rep. Kyle Hilbert, Sen. Chuck Hall and Sen. Greg Treat Effective Date: Jan. 1, 2022 HB 2962: Decreases the individual income tax by 0.25%. The bill also reinstates the Earned Income Tax Credit (EITC). The EITC is 5% of the federal earned income.

Authors: Rep. Charles McCall, Rep. Kyle Hilbert, Sen. Chuck Hall and Sen. Greg Treat Effective Date: Jan. 1, 2022 SB 1082: As part of the FY 2022 appropriations, the Department of Commerce must use $15 million to implement the Oklahoma Accelerator Program. This

program will help start-up companies by connecting them to private capital and other investments. The bill also directs the agency to use $1.46 million on the Aerospace Commerce Economic Services Act (ACES). Authors: Sen. Chuck Hall, Sen. Roger Thompson, Rep. Kevin Wallace and Rep. Kyle Hilbert Effective Date: Jan. 1, 2022 SB 587: Expands the public-private partnership concept by allowing Higher Education institutions and State CareerTech technology centers to receive funding from the Economic Development Pooled Finance Program. The program’s purpose is to attract private investment to develop infrastructure and in turn, create jobs.

Authors: Sen. Brent Howard and Rep. Brad Boles Effective Date: Nov. 1, 2021 SB 601: Provides the Oklahoma Tax Commission with the ability to push the due date for tax returns back during a state of emergency declared by the governor or as the IRS declares. The bill also provides the Oklahoma Tax Commission will pay interest on any refund not provided within either 45 or 90 days, based on how it was filed, from either the date received or the date due, whichever is later.

Authors: Sen. Dave Rader and Rep. John Pfeiffer Effective Date: Nov. 1, 2021 SB 608: Through the Filmed in Oklahoma Act of 2021, a tax rebate and sales tax exemption is created for film and television series filmed or produced in Oklahoma.

The tax incentive will help Oklahoma diversify it’s economy and provides an additional incentive for projects hiring Oklahomans to work on location. The incentive will be capped at $30 million per fiscal year and will sunset in 2031.

Authors: Sen. Chuck Hall and Rep. Scott Fetgatter Effective Date: July 1, 2021 SB 609: Makes several modifications

to the Five-Year Ad Valorem Tax Exemption. It increases the qualifying real estate investment to $500,000 and sets the amount to increase annually based on the Consumer Price Index for All Urban Consumers from the previous year. It ties the annual average wage needed to qualify to the Oklahoma Quality Jobs Program, making it $2.5 million for four consecutive quarters of new payroll. It modifies the definition of facility to ensure its use is for manufacturing only.

Authors: Sen. Bill Coleman and Rep. Kyle Hilbert Effective Date: Nov. 1, 2021 SB 838: Allows municipalities to put forth a resolution to create public safety districts, if the resolution is adopted by 60% of voters in the municipality. Public safety districts will then be able to tax no more than five mills on the dollar of assessed land within the district to purchase public safety equipment, vehicles and maintain public safety employees for the municipality.

Authors: Sen. Darrell Weaver, Sen. James Leewright, Rep. Jadine Nollan and Rep. Kyle Hilbert Effective Date: Nov. 1, 2021 SB 905: Provides employers with a $20 tax credit for each employee who donates blood through an Oklahoma nonprofit’s blood drive. This tax credit will be available until 2027.

Authors: Sen. David Bullard and Rep. Dean Davis Effective Date: Nov. 1, 2021 SB 913: Creates a new legislative joint committee on administrative rules (JCAR).

JCAR will have the ability to review administrative rules and make recommendations to approve or disapprove to the legislature.

It also creates an emergency repeals process for duplicative, unnecessary or invalid rules.

Authors: Sen. Julie Daniels and Rep. Terry O’Donnell Effective Date: Sept. 1, 2021

SB 915: Creates a deduction for income tax for tax years 2022-2026 for qualifying equity investments in Oklahoma venture capital entities. The deduction will match the investment amount but cannot exceed $25 million to qualify, yielding an impact of up to $1.25 million per year per individual.

Department of Commerce has report gathering and rulemaking abilities.

Authors: Sen. Brent Howard and Rep. Trey Caldwell Effective Date: Nov. 1, 2021 SB 922: Directs the Department of Commerce to develop the Invest in Oklahoma program. Through this program, various Oklahoma agencies or funds will invest in Oklahoma-based private equity funds, venture capital funds and growth funds.

Authors: Sen. Brent Howard and Rep. Gerrid Kendrix Effective Date: Nov. 1, 2021

ENERGY & NATURAL RESOURCES HB 2028: Suspends excavator activity when the excavator has actual knowledge there is a pipeline in the area. The excavator must give notice for fourteen days.

After 14 days of notice, the excavator may begin. The pipeline shall be marked and remain marked until the competition of the project.

Authors: Rep. Terry O’Donnell and Sen. Mark Allen Effective Date: May 10, 2021 HB 2029: Allows an oil and gas lessee and its subsidiaries to be included in the 63% ownership of 1/8 royalty required to sign and ratify a unitization plan.

Authors: Rep. Terry O’Donnell and Sen. Zack Taylor Effective Date: May 24, 2021 SB 1049: Due to the February 2021 winter storm, the Legislature sought to protect consumers from high prices of utilities. It created two bills dealing with the issue: the

2021 LEGISLATION February 2021 Unregulated Utility Consumer Protection Act (SB 1049) and the February 2021 Regulated Utility Consumer Protection Act (SB 1050). Both create loan bond programs for the respective types of utility companies to ensure the extraordinary costs of the weather event were not passed onto Oklahomans in a burdensome way. These loans and bonds will allow the costs to be spread out over time, rather than due at once.

Authors: Sen. Chuck Hall, Sen. Roger Thompson, Rep. Kevin Wallace and Rep. Kyle Hilbert Effective Date: April 23, 2021 SB 1050: See above combined explanation.

HEALTHCARE SB 398: Allows pharmacists to administer FDA approved vaccines without a patient-specific prescription.

Authors: Sen. Paul Rosino and Rep. Rhonda Baker Effective Date: April 22, 2021

HR/LABOR LAW HB 2645: Makes it unlawful to carry a firearm to a low security event where a metal detector is in use. Allows concealed carry at an event on public property where there is no minimum security.

Authors: Rep. Jon Echols and Sen. Micheal Bergstorm Effective Date: May 13, 2021

LEGAL REFORM HB 1980: Directs the Judicial Nominating Commission to promulgate rules, which promote transparency in the JNC’s selection process and publish them on the Commission’s website.

Authors: Rep. Mark Lepak and Sen. Julie Daniels

Effective Date: Nov. 1, 2021 HB 2218: Limits the government’s powers during a health emergency, so that the governor or other government entity does not have the power to interrupt normal business operation by closing, reducing hours or limiting the number of patrons in the business.

Authors: Rep. Kevin McDugle and Sen. Shane Jett Dormant: Failed to be heard on the House floor.

fer recommendations to the House and Senate. The rules process is sped up by having the governor review the rule at the same time as notice and comment. It also creates an expedited repeals process through JCAR for any rule that is obsolete, unlawful or duplicative.

Authors: Sen. Julie Daniels and Terry O’Donnell Effective Date: Sept. 1, 2021

SB 137: Clarifies the Restatement of the Law, Liability Insurance by the American Law Institute, is not recognized law in Oklahoma, if it goes against established law.

Authors: Sen. Zack Taylor and Rep. Terry O’Donnell Effective Date: April 19, 2021

SB 939: Excludes actions by a critical infrastructure sector entity from being considered a public nuisance. Critical infrastructure sectors are sectors that are so vital to the United States economy that the impact without it would have a direct effect on security, public health or safety or economic security.

Authors: Sen. Zack Taylor and Rep. John Pfeiffer Effective Date: Nov. 1, 2021

SB 31: Directs a case to be dismissed when the defendant is not served in a timely manner. If a defendant has not been served within 200 days, the court will dismiss the action.

Authors: Sen. Julie Daniels and Rep. Anthony Moore Effective Date: April 26, 2021

SB 957: Creates a system for choosing a special justice when a Supreme Court justice or Court of Criminal Appeals judge is recused or disqualified.

Authors: Sen. Brent Howard and Rep. Chris Kannady Dormant: Failed to be heard on the House floor.

SB 605: Sets parameters for when a licensed practitioner will be criminally or civilly liable for prescribing opioids. Liability will not be found if the dosage does not exceed the maximum, the patient provides a signed statement indicating no other opioid use and the prescription is within the reasonable standard of care. It also provides that if the prescription is within the maximum daily dose, a licensed pharmacist or license pharmacy will not be held liable.

Authors: Sen. Robert Standridge and Rep. Jon Echols Dormant: Failed to be heard on the House floor.

SB 984: Instructs the attorney general to manage a list of law firms that state agencies are able to choose representation from. It also provides a contingency fee schedule, and, mandatory contract clauses from the attorney general.

Authors: Sen. Kimberly David and Rep. Terry O’Donnell Dormant: Laid over by House committee.

SB 913: Creates the Joint Committee on Administrative Rules (JCAR) to review proposed administrative rules and of-

TRANSPORTATION HB 2234: Creates the DRIVE ACT. The DRIVE Act will help equalize the ROADS fund between electric and instant combustible engine vehicles. It creates a tax on the electricity used to charge electric

vehicles and creates a registration fee schedule based on the weight of the vehicle for fully electric and plug-in hybrids.

Authors: Rep. Kyle Hilbert and Sen. Zack Taylor Effective Date: Nov. 1, 2021 HB 2964: Exempts commercial trailers and semis from the 1.25% sales tax on motor vehicles.

Authors: Rep. Charles McCall and Sen. Greg Treat Effective Date: Nov. 1, 2021 SB 600: Modifies the DRIVE Act by removing charging stations with a capacity of less than 50 kilowatts per hour from the tax created.

Authors: Sen. Dave Rader and Rep. Kyle Hilbert Effective Date: Nov. 1, 2021

WORKERS’ COMP HB 2026: Includes medical care service providers, social services program providers or Department of Human Services work or training program participants in the definition of employee in the Administrative Workers’ Compensation Act. Authors: Rep. Terry O’Donnell and Sen. Julie Daniels Effective Date: Nov. 1, 2021 HB 2236: Reinforces the requirement for persons on total disability to report any earned income by creating a felony offense if earned income goes unreported.

Authors: Rep. Stan May and Sen. Darrell Weaver Effective Date: Nov. 1, 2021 SB 1013: Protects the confidentiality of files and investigator reports in the Workers’ Compensation Commission’s enforcement actions and allows Compliance Division attorneys and investigators to testify in proceedings.

Authors: Sen. Julie Daniels and Rep. Chris Kannady

Effective Date: May 28, 2021 SB 1077: Extends the sunset date of the Multiple Injury Trust Fund to FY 2027.

Authors: Sen. Chuck Hall, Sen. Roger Thompson, Rep. Kevin Wallace and Rep. Kyle Hilbert Effective Date: May 21, 2021 SB 324: Adds an injury the employer knew would occur because of the employer’s actions to the definition of compensable injury in the Administrative Workers’ Compensation Act. Authors: Sen. Julie Daniels and Rep. Jon Echols Dormant: Failed to be heard on the House floor.

SB 459: Imports the definition of applicant from the Medical Marijuana Patient Protection Act to the Workplace Drug and Alcohol Testing Act to include its safetysensitive positions. It adds elderly and vulnerable population care to the list of safety-sensitive care fields. It expands the definition of employer and employee to include volunteers in a safety-sensitive position. It further modifies the definition of employee to clarify when an independent contractor can be included in drug testing.

Authors: Sen. Lonnie Paxton and Rep. Ty Burns Dormant: Failed to be heard on the House floor.

SB 472: Expedited the dissolution of the Court of Existing Claims by directing $1.75 million in funding to the court for FY 2022 and until all cases are resolved.

Authors: Sen. Julie Daniels and Rep. Chris Kannady Effective Date: May 28, 2021

WORKFORCE DEVELOPMENT HB 1150: Allows the construction industries board to create categories under a plumbing license. These categories will allow for specific licensure in one area of plumbing – residential, for example. There

is a shortage of licensed plumbers and this should get more residential plumbers in the field quicker.

Authors: Rep. Mike Osburn and Sen. Cody Rogers Effective Date: April 28, 2021 HB 2750: Directs all universities and colleges within the Oklahoma State System of Higher Education to accept a three on an Advanced Placement (AP) exam for credit in a course. Any higher score may receive additional credit for a lower course. The AP score policies will be posted and go into effect beginning with the 2021-2022 Fall academic year.

Authors: Rep. Rhonda Baker and Sen. Adam Pugh Effective Date: July 1, 2021 HB 2860: Creates the Remote Quality Jobs Incentive Act, which will incentivize public trusts and other establishments that may attract remote workers to the state. These “proxy establishments” must meet other criteria within the act, including ensuring the worker is provided with basic health insurance, meet a certain payroll threshold for new hires and having at least 80% of the new hires be full-time. The credit can be up to 10 quarters.

Authors: Rep. Kevin Wallace and Sen. Roger Thompson Effective Date: July 1, 2021 HB 2873: The Universal Licensing Recognition Act allows for professional licenses to be recognized from out-ofstate if the state has substantially similar licensing requirements. This will not apply if there is a reciprocity agreement between states for that license and a granted license under this Act will not be eligible for reciprocity with another state.

Authors: Rep. Kevin Wallace and Sen. James Leewright Effective Date: Nov. 1, 2021 SB 1080: Allows the Oklahoma Equal Opportunity Education Scholarship Act to provide a credit of 50% of a contribu-

2021 LEGISLATION tion to either a public school foundation or to a private school, up to $100,000 for businesses. Further, the tax credit can increase to 75% if the business agrees to make the same donation for two years.

The total credits for the Oklahoma Equal Opportunity Education Scholarship Act cannot exceed $25 million and $200,000 of credit per school district.

Authors: Sen. Chuck Hall, Sen. Roger Thompson, Rep. Charles McCall and Rep. Kyle Hilbert Effective Date: Nov. 1, 2021 SB 132: Expands the students who are eligible to sign up for Oklahoma Higher Learning Access Program to be seventh through 11th grade or before the student reaches 16.

Authors: Sen. David Bullard and Rep. Rhonda Baker Effective Date: July 1, 2021 SB 229: The Redbud School Funding Act diverts part of the marijuana sales tax to a school grant program: 59.23% of the first $65 million from the sales tax will go toward the State Public Common School Building Equalization Fund. The Redbud school grant formula and eligibility is delineated in the Act. The Act also expands school eligibility for the State Public Common School Building Equalization fund to include schools that are blended in learning style and expands state funding to charter schools.

Authors: Sen. John Michael Montgomery and Rep. Kyle Hilbert Effective Date: May 28, 2021 SB 252: Requires public and charter high schools to offer at least one computer science class beginning in the school year 2024-2025. In that same year, all public and charter schools must provide instruction aligning with Oklahoma Academic Standard of Computer Science either integrated with other course work or through a standalone class.

Authors: Sen. Brenda Stanley and Rep.

Rhonda Baker Effective Date: Nov. 1, 2021 SB 292: Creates a task force to study the needs for concurrent enrollment in the state. The task force will be operational until Nov. 30, 2022. It will be comprised of 14 members from the following groups: the House of Representatives, the Senate, school district superintendents, presidents of two-year institutions, presidents of comprehensive institutions, presidents of regional institutions, and the Chancellor of Higher Education designee. The governor and legislative leadership will receive the findings of the task force.

Authors: Sen. John Haste and Rep. Jadine Nollan Effective Date: July 1, 2021 SB 639: Directs the State Regents to survey students who withdraw from an institution who receive the Oklahoma Promise Scholarship to determine reasons for the withdrawal and barriers.

Authors: Sen. Adam Pugh and Rep. Rhonda Baker Effective Date: Nov. 1, 2021

BAD FOR BUSINESS BAD FOR OKLAHOMA HB 1011: The Digital Fair Repair Act requires repair tools, parts and information for all electronic digital equipment be made available by manufacturers who sell their products or parts in the state. This allows any owner or repair provider to make repairs on the device. This includes the disclosure of instructions on opening security measures or locks.

Authors: Rep. Logan Phillips and Sen. Casey Murdock Dormant: Failed to be heard on the House floor.

HB1602: The Oklahoma Computer Data Privacy Act mandates businesses with an online platform to create an opt-out provi-

sion for the sale of consumer data. It requires businesses to inform the consumer about each piece of information collected and for what use. The business must also have consent before the collection of such data.

Authors: Rep. Collin Walke, Rep. Merleyn Bell, Sen. James Leewright and Sen. Micheal Bergstrom Dormant: Failed to be heard by Senate committee.

HB 2092: The Oklahoma Natural Disaster Mitigation and Recovery Act creates a fund to help counties and municipalities with any capital improvements within a county created Natural Disaster Mitigation and Recovery District. Within this district, a tax will be levied to fund the Natural Disaster Mitigation and Recovery Fund. Such funds will be used to bolster any projects related to disaster mitigation.

Authors: Rep. Lonnie Sims and Sen. Dave Rader Dormant: Failed to be heard on the House floor.

HB 2302: See SB 527. Both were killed due to a coalition The State Chamber joined.

Authors: Rep. Dustin Roberts Dormant: Failed to be heard in House committee.

HB 2333: Provides no business, property owner or employer can create and enforce policies that prohibit storing a firearm in a vehicle.

Authors: Rep. Jay Steagall Dormant: Failed to be heard in House committee.

HB 2335: Prohibits state agencies from requiring any vaccine for the public or employment.

Authors: Rep. Jay Steagall and Sen. Shane Jett Dormant: Failed to be heard on House floor.

SB 189: The Oklahoma Hazard Mitigation Assessment District Act allows counties to put forth a vote to create a Hazard Mitigation Assessment District. If passed, a trust authority for the district will also be created to manage the tax dollars levied to allow for the funding of projects aimed at mitigating hazardous disasters.

Authors: Sen. Dave Rader and Rep. Lonnie Sims Dormant: Failed to be heard on Senate floor.

SB 527: Creates the Oklahoma Prosperity Act, which forces certain employees to contribute to an IRA account ran by the State Treasurer.

Authors: Sen. John Michael Montgomery, Sen. Roger Thompson and Rep. Marcus McEntire Dormant: Failed to be heard on the Senate floor.

SB 548: Prohibits debts from healthcare services from being reported to a credit bureau or collection agency unless there was an agreed upon good faith estimate of the services. It limits costs of emergency services to 165% of the Medicare rate, when an estimate cannot be agreed upon.

Authors: Sen. Julie Daniels and Rep. Tammy Townley Dormant: Failed on House floor.

SB 658: Prohibits public schools, universities, colleges, the State Board of Education or the State Board of Career and Technology Education from mandating students or prospective students to receive the COVID-19 vaccine for admittance. It also disallows these institutions from implementing acts that discriminate against non-vaccinated students including a vaccine passport or mask mandate.

Authors: Sen. Robert Standridge and Rep. Kevin West Effective Date: July 1, 2021 SB 730: Provides that no business, property owner or employer can create

and enforce policies that prohibit storing a firearm in a vehicle.

Authors: Sen. Nathan Dahm, Sen. Warren Hamilton and Rep. Jay Steagall Dormant: Failed to be heard on House floor.

granite, sand, limestone or any other material needed to produce aggregate within the county.

Authors: Sen. David Bullard Dormant: Failed to be heard in Senate committee.

SB 734: Directs the Insurance Commissioner and the Director of the Office of Management and Enterprise Services to publish a list of the 250 most commonly prescribed prescription drugs. This list will include the maximum price various health plans can purchase the prescription drug for.

Authors: Sen. Carrie Hicks, Sen. Greg McCortney and Rep. Marcus McEntire Dormant: Failed House committee.

SB 930: Removes private hospitals from being exempt from ad valorem taxes.

Authors: Sen. Kimberly David and Rep. Terry O’Donnell Dormant: Failed to pass Senate committee.

SB 747: Bans insurance companies from adjusting policies based on vaccination or immunity status of the insured.

Authors: Sen. Robert Standridge and Rep. Dean Davis Dormant: Failed House committee.

SB 765: Prohibits employers from requiring a vaccine as a condition of employment, unless the employer pays for the vaccine. If the employer has such a policy, the employer must accept an employee’s written reasoning to opt-out without penalty.

Authors: Sen. David Bullard Dormant: Laid over in committee.

SB 821: Expands the definition of a pharmacy benefits manager (PBM) to include managerial actions related to being a PBM. This broad definition encompassed companies who self-fund their health plans. It also removed in-network pharmacy incentive benefits, including mail-in rebates.

Authors: Sen. Greg McCortney and Rep. Marcus McEntire Vetoed SB 892: Allowed counties to place a severance tax on the mining of rock, gravel,

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