Membership

• Field Services
• Commodity Information
• Public Policy
  • Staff Directory
  • Priority Issues
  • Legislative Activities
  • Contact Your Legislators
• OFB Legal Foundation
• Insurance
• Accident Benefit
• Farm Bureau Bank
• FB Discount Buyers Card
• Reward Program
• Storm Shelter Registration

Legislative Activities

2009 Session Yields Large Returns

By Lori Kromer Peterson, OFB Vice President of Public Policy

The Oklahoma Legislature adjourned the 2009 Legislative Session not on May 22 as previously planned, but on May 26 following heated debate by both the House of Representatives and the Senate.

This session ended with a balanced budget as required by Oklahoma law and protected four core government functions including education, health care, public safety and transportation. Most agencies were given approximately a seven percent reduction in budget. The original $7.2 billion budget plan contained no funding for the Rural Economic Action Plan, known as REAP. A plan was later announced to increase the late fee for delinquent tag renewals funding REAP to $14.4 million for the upcoming year. This money goes for such things as local water projects, senior nutrition programs and rural fire assistance.

Livestock Preemption
The governor has signed into law HB 2151. Oklahoma leads the nation in protecting sound, traditional and scientific-based livestock practices by putting into law that the Department of Agriculture shall set the standard for care and handling of livestock in Oklahoma. Other states are now patterning after this legislation as they attempt to get out in front of the animal rights movement and protect livestock production in this country.

Right to Farm
HB 1482 was signed into law by the governor following passage in both the House and Senate. This law provides a two-year statute of limitations for agriculture operations and allowing for expansion and use of new technologies while continuing the protections of Oklahoma’s Right to Farm law.

Recovery of Attorney Fees for Wrongful Annexed Property
When the governor signed HB 1389 into law, landowners who are successful in a claim of wrongful annexation will be entitled to recover reasonable attorney fees and court costs. This law moves in the right direction toward a level playing field when landowners must go up against municipalities in a court of law.

Exemption from Municipal Ordinances for Agriculture Land
HB 1473, now signed by the governor, exempts agriculture land of 40 acres or more from municipal ordinances related to land use and building. Regardless of the date of annexation, a landowner may now continue the agriculture use of his or her land without unneeded and burdensome regulation as its relates to land use and building permits. Prior to the passage of HB 1473, the law exempted agriculture of five acres or more from municipal ordinances, but only if the land was annexed after 2003.

Protecting Traditional Animal Husbandry Practices
Following lengthy discussion between the Board of Veterinary Medicine and agriculture producers across the state, including cattlemen, horsemen other livestock owners, SB 452 passed the Senate and House. Signed into law by the governor, SB 452 removes the felony charge for the practice of veterinary medicine without a license, which became the law in November of 2008. A violation is once again considered a misdemeanor, but work is still needed on this issue. During the interim, members of the legislature with input from interested parties will meet to study the issue and more clearly define under Oklahoma law those practices considered animal husbandry and those practices requiring a licensed veterinarian.

Certified Weed Free Hay Program
Pursuant to HB 1583, signed into law by the governor, the Department of Agriculture will create a Certified Weed Free Hay program in Oklahoma. A voluntary program, producers who choose to participate may have the hay certified weed free for transportation across state lines of participation in federal projects.

Water Legislation
HB 1483 overwhelming passed the House and the Senate in the final week of session. This legislation, once signed into law, will put Oklahoma in a better position to protect Oklahoma’s water with respect to the Tarrant County Texas lawsuit. This legislation adds contingency language to Oklahoma’s water law and requires an out-of-state applicant for a water permit to meet a strict application standard through the Oklahoma Water Resources Board and also requires legislative approval of these permits.

Lawsuit Reform Legislation
HB 1603 has been signed into law by the governor. Following many weeks of discussion between doctors and lawyers, oil companies and mineral owners and interested parties from across the state, a lawsuit reform agreement was reached. As with any negotiated agreement, neither side got everything they wanted, but each side got something. Of special importance to agriculture are Sections 43-46 and Section 47 of the bill. Sections 43-46 is the Common Sense Consumption Act, which shields food producers from obesity lawsuits. Section 47 includes agritourism activities in the Oklahoma Livestock Activities Liability Limitation Act.

Agriculture had a successful session. We were fortunate to have the governor sign multiple pieces of Oklahoma Farm Bureau priority legislation into law. Additionally, we were able to stop attempted increases to ad valorem taxes as well as burdensome regulations not based on sound science. This success is attributable to the Oklahoma Farm Bureau membership. Your calls, emails and visits to the Capitol made the difference. It speaks highly of the Oklahoma Farm Bureau organization and the contribution of the agriculture industry to the State of Oklahoma, that Oklahoma law is better today with respect to agriculture, than prior to the 2009 Legislative Session.