Down to the Short Rows

Legislation passed by the Oklahoma House of Representatives this week would allow county and municipal governments to receive a tax incentive for local growth due to a federal military base. House Bill 1786 expands the Oklahoma Local Development and Enterprise Incentive Leverage Act to provide the incentive to cities, towns and counties experiencing or projected to experience a population growth of at least 1,000 residents or increased payrolls of at least 10 million within a five-year period directly resulting from federal military base activities.

Under legislation now signed into law, public transit drivers could face a misdemeanor charge and fine of 500 dollars for using a cell phone on their routes. House Bill 2957 was developed to address dangerous uses of a cell phone while driving. The bill’s author noted that traffic collisions are one of the major causes of death in the United States, and public transit drivers hold too many lives in their hands to be focusing their attention on anything other than their jobs. School bus drivers are included in the definition of public transit driver. House Bill 2957 was signed into law May 6, 2010. It will go into effect on November 1, 2010.

Legislation signed into law will reduce the opportunity for misuse of agency rulemaking power. Because agency rules have the full force of law, they should not be promulgated without careful review and oversight. Unfortunately, many agencies issue “emergency” rules when the Legislature is not in session that can have a dramatic impact on Oklahomans without careful legislative review beforehand. House Bill 2852 reforms state law governing how and when state agencies may issue “emergency rules” that have the effect of law. Although the Legislature is able to review and reject agency rules, that action typically takes place only during the regular session from February to May of each year. Agencies often issue “emergency” rules in the interim that take effect immediately and have the force of law without undergoing legislative scrutiny. That will change under House Bill 2852, which allows agencies to promulgate emergency rules only after the governor has approved. The new law requires agencies to provide "substantial evidence that the rule is necessary as an emergency measure" to protect the public health, safety or welfare; comply federal law; or avoid imminent reduction to the agency's budget. In determining whether a rule is necessary as an emergency measure, the governor would be required to consider "whether the emergency situation was created due to the agency's delay or inaction and could have been averted.” Gov. Brad Henry signed House Bill 2852 into law on April 26. It will go into effect on Nov. 1.

State lawmakers voted this week to enhance reporting of abortions in Oklahoma and any resulting complications. The information will be used to inform public policy decisions in the future. House Bill 3284 creates the Statistical Abortion Reporting Act and requires physicians who perform abortions to report certain information to the Oklahoma State Department of Health. The bill directs the department to publish annual statistical reports on its website. The annual report will contain absolutely no personally indentifying information, only statistics. The legislation specifically declares that state reports cannot contain the name, address, hometown, county of residence, or any other identifying information of any individual female. The clinic questionnaire would include information on basic demographics, age of the child aborted, methods used, the reasons given for obtaining an abortion, and resulting complications. Currently, statistics on abortion complications are not available. When complications occur, that information is typically sealed from public view through a court settlement. The question asking the reasons given for an abortion was based on a survey conducted by the Guttmacher Institute, the former research division of Planned Parenthood. House Bill 3284 passed the Oklahoma House of Representatives on a bipartisan 88-8 vote. It now proceeds to the state Senate.

If you would like to contact me while I am at the Capitol, please do not hesitate to call
1-800-522-8502 or send an e-mail to donarmes@okhouse.gov.

And here’s a little something to think about as you go down the road:

“I seldom end up where I wanted to go, but almost always end up where I need to be.” –Douglas Adams