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North Dakota governor issues 7 line-item vetoes, including lawmaker ‘immunity' provision
North Dakota governor issues 7 line-item vetoes, including lawmaker ‘immunity' provision

Yahoo

time19-05-2025

  • Politics
  • Yahoo

North Dakota governor issues 7 line-item vetoes, including lawmaker ‘immunity' provision

Senate Majority Leader David Hogue, left, talks to Gov. Kelly Armstrong on May 3, 2025, after lawmakers adjourned. (Kyle Martin/For the North Dakota Monitor) Gov. Kelly Armstrong issued seven line-item vetoes on six bills Monday, with many objections focused on policies he felt lawmakers 'shoehorned' into budget bills or encroached on executive authority. One line-item veto was of a section of the Ethics Commission's budget bill meant to protect lawmakers from being prosecuted for conflicts of interest — though he let a similar clause in the bill become law. Both provisions, part of Senate Bill 2004, concerned lawmakers who have a special interest in the outcome of legislation. Under House and Senate rules, lawmakers are supposed to notify their peers when they believe they have conflict of interest with a bill so that their colleagues can decide whether to excuse them from voting. They may also seek guidance from the Ethics Commission. North Dakota lawmakers approve Ethics Commission bill with deadline removed The vetoed clause stated that if a lawmaker voted on a bill they had a conflict of interest with, but followed legislative ethics rules and/or followed informal guidance from the Ethics Commission, they couldn't be prosecuted for any potential crime that stemmed from that vote. In a line-item veto message, Armstrong said the provision 'sends the wrong message to North Dakotans.' 'While transparency and ethical conduct are essential in a representative democracy, this provision elevates internal legislative procedure above state law, effectively shielding lawmakers from accountability under our criminal code,' he wrote. He said the clause would create another blanket protection for lawmakers at a time when the state 'already has opaque campaign finance laws.' The Legislature at the last minute rejected a bill some hoped would increase campaign finance disclosure requirements — a move Armstrong criticized. Armstrong signed the rest of the Ethics Commission budget into law, which included another more narrow immunity clause. The narrower section protects a lawmaker from being prosecuted under a specific statute for voting on a bill they have conflict of interest with if they follow House and Senate ethics rules. The statute, titled 'speculating or wagering on official action or information,' is what Rep. Jason Dockter, R-Bismarck, was convicted of last year. 'Section 4 of Senate Bill 2004 is acceptable and reasonable because it appropriately clarifies that legislators must have the freedom to perform their official duties without fear of prosecution,' Armstrong said in his veto message. Effort to improve North Dakota campaign finance reporting fails The Ethics Commission expressed earlier this month that the immunity provision the governor vetoed would have made it legally more risky for the commission to give informal advice. House Bill 1003, budget for the attorney general: Armstrong vetoed a provision that sought to prevent a district court judge from waiving fees for the 24/7 sobriety program. 'It invites a constitutional challenge and will only increase costs and jail overcrowding for counties,' Armstrong wrote in his veto message. He also noted a standalone bill, Senate Bill 2365, had the same provision but failed in the House, yet the policy was later 'logrolled' the budget bill. Senate Bill 2014, North Dakota Industrial Commission budget: The governor vetoed a $150,000 passthrough grant from the Housing Incentive Fund to a Native American-focused organization to fund a homelessness liaison position. 'Addressing homelessness and housing insecurity requires a comprehensive, sustainable, and statewide strategy, not isolated, one-time allocations to individual entities,' Armstrong wrote in his veto message. Also in that bill, Armstrong vetoed a mandate for the Bank of North Dakota to spend up to $250,000 to study economic development strategies in western North Dakota as oil production decreases. The governor said the Department of Commerce already has the authority to do such a study. House Bill 1019, Parks and Recreation Department budget: Armstrong vetoed a portion of the bill that sought to eliminate the department's ability to rename state parks and require legislative approval for name changes. Armstrong wrote that provision encroaches on the executive branch. It also could complicate matters if federal dollars were contingent on the renaming of a state park, he said. Last November, the department changed the name of the state park in Medora to Rough Rider State Park. Senate Bill 2001, Legislative Council budget: Armstrong vetoed a line in the budget that reserves the 15th floor of the Capitol for legislative staff. The floor is occupied now by the Department of Career and Technical Education. Armstrong said lawmakers did not get input from his administration, the department affected or the public. He said his administration will help identify available Capitol space, but he objected to doing so in state law. Senate Bill 2018, Department of Commerce budget: Armstrong vetoed $350,000 to the State Fair Association for sanitation restoration projects. The governor said that funding should have been included in the State Fair Association's primary budget. He said adding it to the Commerce budget at the end of the session 'is a clear example of logrolling, which undermines transparency, accountability, and the principle of deliberate budgeting.' 'Through limited use of my line-item veto authority, we've reduced spending, protected the integrity of the budgeting process and preserved executive branch authority to ensure that state government remains efficient and transparent,' Armstrong said in a statement Monday. Sen. David Hogue, R-Minot, chair of the Legislative Management Committee, said Monday that while he may disagree with some of the vetoes, he does not believe Armstrong overstepped his authority. 'I don't think they (the vetoes) rise to the level of a situation where we'd want to independently call ourselves into session,' Hogue said. 'If we had another reason, we might take them up, but these vetoes would not be the impetus in my view.' The Legislature, which adjourned earlier this month, does not have to act on the vetoes within a set amount of days, said Emily Thompson, director of the legal division of Legislative Council. She added lawmakers would need to use at least one of their six remaining legislative days to consider a potential veto override. Lawmakers during the 2025 session passed a total of 601 bills. Armstrong signed 597 and vetoed four bills in their entirety: a bill affecting state employee health insurance, a library content bill, a private school voucher bill and a tax credit for prison industries. Budget bills take effect July 1 and policy bills take effect Aug. 1. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

OK lawmakers Advances Bill to Governor Stitt to Raise Age of Consent
OK lawmakers Advances Bill to Governor Stitt to Raise Age of Consent

Yahoo

time16-05-2025

  • Politics
  • Yahoo

OK lawmakers Advances Bill to Governor Stitt to Raise Age of Consent

OKLAHOMA CITY—Oklahoma lawmakers sent a bill to Gov. Stitt to sign, raising the age of sexual consent to 18. If signed, Oklahoma would become the 12th state where the age of consent is 18. Rep. Jim Olsen, R-Roland, authored House Bill 1003, which is designed to 'to shield minors from exploitation while still showing grace to young people in close-in-age relationships.' Under Oklahoma law and the proposed law, the maximum age difference is four years. The propsed law also clarifies that sex between a school employee and a student under the age of 20 is considered rape. The bill, House Bill 1003, also clarify the state's 'Romeo and Juliet' law, meaning young people who engage in consensual sexual activity with someone under 18 would not be charged with rape if the age difference between them is less than four years. The current Romeo and Juliet law applies when one partner is at least 14 but under 18, and the other is no more than four years older. Under the current law, a 17-year-old could legally engage in consensual relations with a 14-year-old, but an 18-year-old in the same situation would not be covered by the exemption. If the law is passed a 21-year-old could legally engage in a consensual relations with a 17-year-old. The Romeo and Juliet law does not apply if the older party is in a position of authority, trust, or influence over the younger individual, for example, teachers, coaches, clergy members, and others in positions of power. Sexual activity with a child below the age of 14 is classified as first-degree rape under Oklahoma law regardless of the age gap. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

From shoplifting to protests, 4 crime-related bills to watch in Oklahoma Legislature
From shoplifting to protests, 4 crime-related bills to watch in Oklahoma Legislature

Yahoo

time16-05-2025

  • Politics
  • Yahoo

From shoplifting to protests, 4 crime-related bills to watch in Oklahoma Legislature

Oklahoma is very close to adding laws that limit protests near churches, strengthen public corruption punishments, raise the age of consent and create a new punishment for organized retail crime. These are a few examples of crime-focused bills that are still waiting for a final vote by the state Legislature or approval by Gov. Kevin Stitt. Lawmakers have been at the State Capitol since February, ironing out details and negotiating on which bills should advance and which ones aren't quite ready. The following pieces of legislation have made it through both the House and Senate, but are still lacking the final couple of steps needed to become state law. The Legislature must finish its work by May 30. House Bill 1003 would raise Oklahoma's age of consent from 16 to 18. That means that any adult engaging in sexual activity with someone under 18, barring one exception, could lead to a rape conviction. In an attempt to protect special needs students from exploitation, the bill also raises the age of consent to 20 for those in public or private elementary or secondary school, junior high or high school, or public vocational school when engaging in sexual acts with a school employee. The proposed law includes one exception. Oklahoma's current "Romeo and Juliet" law exempts sexual activity between people who are 14 to 17 years old. This new version would exempt activity between one person who is either 16 or 17 and another person who is not more than four years older. Therefore, a 16-year-old could legally have sex with someone who is 20 if the bill becomes law. The bill is on its way to the governor's desk for his approval or veto. House Bill 2164 upgrades some corruption crimes from a misdemeanor to a felony, and in some cases can lead to a ban on holding a future state office. The measure is the outcome of a legislative interim study examining Oklahoma's laws against government officials using their office for personal gain. Versions of the legislation have overwhelmingly passed both the House and Senate, but both chambers still need to agree on which language to send to the governor. "(We're) trying to make sure we have clear, concise laws and help clear up some of the inconsistencies in our state corruption laws for all levels of government," the bill's author state Rep. John Pfeiffer, R-Mulhall, told The Oklahoman. If the bill becomes law, state employees authorized to sell and lease property, or are involved with contract negotiations and approval, are guilty of a felony if they voluntarily personally benefit from the deal. Upon conviction, they would be subject to termination and barred from holding any public office in Oklahoma. The bill also targets state employees, officials and contractors who use non-public information for personal gain or to benefit an immediate family member. That includes market speculation and disclosing information to outside parties. Anyone found guilty of this crime would face up to a $10,000 fine and/or five years in state prison. Additionally, a state officer or employee who uses their office to benefit them or a close family member must, if found guilty, spend at least a year in prison and/or pay a fine. Another provision of the proposed law would nullify bids made by contractors if they are done in collusion to bid at afixed price or to avoid competition by agreeing not to bid on a state contract. Violators face a felony conviction along with a ban on holding public office or obtaining any future state contracts. Finally, the bill would require new heads of state agencies, boards and commissions to attend an ethics course within one year of their appointment. During debate in the Senate, Minority Leader Julia Kirt supported the bill but encouraged her colleagues to extend corruption laws and ethics training to legislators and elected officials who don't run a state agency. "We continue to add ethics training requirements for lots of other professions without actually doing it ourselves," said Kirt, D-Oklahoma City. Oklahoma lawmakers have taken a step toward barring protesters from being near church services. Senate Bill 743 puts a buffer between two groups of people who are both exercising their First Amendment rights. It says that when a religious meeting is being held, it is illegal to obstruct the entrance to that meeting. It would also be illegal, if done within 100 feet of a church meeting, to get within eight feet of someone to hand out literature, hold a sign or vocally protest without that person's consent. Disturbing a religious meeting could therefore be punishable by a year in jail and/or a $500 fine. A second conviction of the same crime would increase punishment to a $1,000 fine and up to two years in state prison. An earlier version of the bill would have created a one-mile buffer zone around churches where non-permitted protests would be criminalized. State Sen. Dusty Deevers debated against that proposal, pointing out the regular sidewalk anti-abortion protests that take place in front of an Oklahoma City Planned Parenthood office, which is in the same block as Paseo Church. The bill was amended, however, when it reached the House of Representatives. If the Senate agrees to the House changes, it would head to the governor. If not, both chambers will negotiate on a final version to present to members for another vote. An enhanced law against organized retail crime could hit the books this year targeting individuals who shoplift and also meet two of the following criteria: Resell stolen items Work as part of a team Using "tools of theft" that include tag cutters, foil-lined bags, weapons or other means of evading detection Use of non-public exits Destruction or deactivation of anti-theft devices Receiving or purchasing stolen retail items Use of a getaway driver or stolen vehicle Use of a fraudulent or paper license plate Anyone convicted of organized retail crime totaling less than $15,000 stolen could face up to five years in prison, one year in jail and/or a $1,000 fine. If the stolen property totals more than $15,000, the incarceration could be bumped up to eight years in state prison. House Bill 1592 also extends "pattern of criminal offenses" to include those committed in two or more municipalities, instead of just counties. The bill easily passed both the House and Senate, and is being sent to the governor's desk. This article originally appeared on Oklahoman: Oklahoma lawmakers target corruption, organized shoplifting in 2025

House lawmakers send Stitt bill raising Oklahoma age of consent to 18
House lawmakers send Stitt bill raising Oklahoma age of consent to 18

Yahoo

time15-05-2025

  • Politics
  • Yahoo

House lawmakers send Stitt bill raising Oklahoma age of consent to 18

Rep. Jim Olsen, R-Roland, right, visits with former Rep. Randy Randleman, R-Eufaula, before an interim on Oct. 21 at the state Capitol in Oklahoma City. (Photo by Nuria Martinez-Keel/Oklahoma Voice) OKLAHOMA CITY — Oklahoma House lawmakers on Thursday sent a bill to the governor's desk that would raise the age of sexual consent from 16 to 18. House Bill 1003 also contains a so-called 'Romeo and Juliet' provision, that protects 20 year olds from prosecution if they are within four years of age of a sexual partner. If signed into law by Gov. Kevin Stitt, Oklahoma would become one of about a dozen states that requires the age of consent to be 18. Rep. Jim Olsen, R-Roland, who authored the measure, said lawmakers decided to expand the age window to protect 20 year olds who have consensual sexual relations with minors because Oklahoma students with disabilities may attend school until they're 20. He said the bill balances protecting teenagers who are having consensual sexual relationships with each other from getting charged with rape, while also protecting them from 35 and 40 year olds who may try to prey on them. He said current law permits a 16-year-old girl to have sex with a 100-year-old man. State Rep. Andy Fugate, D-Oklahoma City, who voted against the measure, said he didn't support allowing a 20-year-old man to have sex with a 16-year-old girl. 'The age gap here is not trivial,' he said. 'This creates a power imbalance,. Oone where young impressionable girls can be manipulated and taken advantage of.' Fugate said he might be on board with extending the grace period to 19, but once someone turns 20 or 21, they are no longer teenagers. 'We are being asked to allow adults to have extramarital sex with children,' he said. The measure passed the House by a 54-26 vote. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE

Indiana bills on health care costs, transgender sports, THC advance with mixed support
Indiana bills on health care costs, transgender sports, THC advance with mixed support

Yahoo

time19-02-2025

  • Health
  • Yahoo

Indiana bills on health care costs, transgender sports, THC advance with mixed support

The Indiana House advanced bills to lower health care costs, expand a ban on transgender athletes, and put in place new THC rules. (Niki Kelly/Indiana Capital Chronicle) A House Republican priority measure to lower health care costs for Hoosiers, largely through 'site of service' reforms, advanced Tuesday to the Senate — but it still needs work. House Bill 1003 author Rep. Brad Barrett, R-Richmond, said its many 'moving parts' aim to address problems within Indiana's health care industry. The 73-page bill includes six key pillars: lowering costs; fighting waste, fraud and abuse; enhancing transparency; expanding access; promoting wellness and increasing competition. Barrett raised concerns, for example, about the number of people still enrolled in the Healthy Indiana Plan, or HIP, following the end of the COVID-19 public health emergency. As a remedy, his bill grants law enforcement powers to the Medicaid Fraud Control Unit within the Indiana Attorney General's Office, and allows that staff to access law enforcement databases and collaborate with other agencies. The Senate voted 33-16 Tuesday to conduct a study to identify the top three regions in the state where a casino could be relocated. The measure comes after an attempt to move the Rising Star Casino in southern Indiana to Allen County failed. Several legislators speaking on Senate Bill 43 supported a move to the capital city. 'Why there is not a casino in downtown Indianapolis defies my understanding,' said Sen. Aaron Freeman, R-Indianapolis. Barrett emphasized, though, that the bill is 'not ready to cross the finish line yet.' But moving it along to the next stage in the legislative process 'is the only way to fix it,' he said. A 66-32 House vote sent the bill to the Senate for further debate and amendments. 'We're trying to lower costs. We're trying to fight waste, fraud and abuse. We're trying to enhance transparency for our patients so they know charges to get good faith estimates,' Barrett said on the House floor. Democrats — although supportive of Barrett's intentions — said the bill could have 'unintended consequences' for patients and put 'financial strain' on hospitals statewide. 'Not all outpatient settings, such as urgent care or substantial clinics, operate under the same cost structure as traditional physician offices,' said Rep. Victoria Garcia-Wilburn, D-Fishers. 'Requiring parity in reimbursement rates may lead to reduced access to care, as providers may choose to limit the scope of services or opt out of contracts, especially in rural and underserved areas.' Some Republicans had hesitations, too. Rep. Ethan Manning, R-Logansport, expressed concerns about 'site of service' language that would prohibit health care systems from charging hospital-like prices for outpatient services. 'I think this bill will increase administrative and regulatory burdens for hospitals by billions upon billions of dollars, while at the same time decreasing their revenue by hundreds of millions, if not billions of dollars,' Manning said. 'Because county hospitals and critical access hospitals are not exempt from any of these provisions, I don't see any way around it. If this bill is not changed, moving forward … we will see lines of health care service eliminated in rural areas.' 'We should be supporting county hospitals and critical access hospitals in specific ways,' he continued, 'not harming them with language like this.' Manning also took particular issue with an 'egregious' provision 'that would effectively eliminate' the federal 340B drug pricing program. Some hospitals and contractors have reportedly made millions off of the program, which is designed to help poor patients afford medication by giving participating health providers a steep discount. 'This would disproportionately harm small and rural hospitals. It's a gift to Big Pharma,' Manning said. 'I think we'd see more cost shifting, and we wouldn't actually see any cost savings.' Legislation barring transgender women from playing on collegiate women's sports teams moved out the House on Tuesday, prompting Democrats and a Republican to break with their parties. House Bill 1041 would require all sports teams at Indiana's public and private higher educational institutions to be either male, female or coeducational. Athletes assigned male at birth would be barred from participating in a 'female, women's, or girls' team or sport.' Colleges and universities would also have to establish grievance procedures for students or parents to file claims if a team violates the gender restrictions. Students who are 'deprived of an athletic opportunity' or are 'otherwise directly or indirectly injured' by their school's violation of the ban would be able to file civil lawsuits. Indiana bill to expand transgender athlete ban to college sports advances with bipartisan support Author Rep. Michelle Davis, R-Whiteland, recalled playing sports as a girl and winning a full-ride scholarship to join Ball State University's Division 1 basketball team. She dubbed her legislation as 'commonsense' and said it's 'essential to protecting opportunities' for women athletes. Democrats pushed back. 'Perhaps it's hard to understand, difficult to empathize with a population you've ever engaged with. I can understand it might be jarring to reconcile with your faith, personal beliefs,' said Rep. Blake Johnson, D-Indianapolis. 'I've been reminded by many for the last few days that this isn't a politically advantageous issue to oppose. But today, we're debating a bill that doesn't solve a real problem.' The National Collegiate Athletic Association's (NCAA) leader told Congress in December that the organization has identified less than 10 transgender athletes. After President Donald Trump signed an executive order earlier this month to ban transgender girls and women from participating in girls' sports, the Indianapolis-based NCAA issued a new policy that no longer allows transgender women to compete in women's college sports. When Indiana lawmakers approved Davis' 2022 bill to ban transgender girls from participating in K-12 sports, all House Democrats voted in opposition. This time, however, Democrat Reps. Wendy Dant Chesser of Jeffersonville, Ed DeLaney of Indianapolis and Tonya Pfaff of Terre Haute voted with the Republican supermajority in a 71-25 tally, while Rep. Sheila Klinker of Lafayette reversed her supportive committee vote. GOP Rep. Ed Clere of New Albany was the only member of his party to break ranks. An attempt to define when Hoosiers are too high to drive earned widespread, but not unanimous, support from the House. Rep. Wendy McNamara said that Indiana's 'zero-tolerance' approach to marijuana means 'that, if you're in an accident and you have any amounts of THC in your system, you are automatically given a Class C misdemeanor.' Tetrahydrocannabinol, better known as THC, is the active ingredient in marijuana that makes users feel high. McNamara's House Bill 1119 identifies two specific oral fluid tests whose positive results can be used as 'relevant evidence of intoxication.' It cautions that law enforcement officers can't arrest people based solely on positive results. But the results could be admissible in court cases about driving under the influence along with other evidence of impairment. Her proposal also lets toxicologists give testimony over video unless they're absolutely needed in person, although she said that provision 'needs some work.' McNamara said she hopes to 'cut down on wait time for technicians to come testify, keep them in the labs where they can actually do the toxicology, and keep our money from going out of state, frankly.' The legislation moved on an 84-10 vote, with only fellow Republicans voting in opposition. It now heads to the Senate for consideration. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

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