Good Morning,
This past week the Oklahoma Legislature completed the 13th week of the legislative session. Last week also marked the first week of Conference Committees, with bills being assigned to standing House Conference Committees and the Senate establishing Conference
Committee members for each bill.
With only three weeks left in this year's session, a budget agreement between legislative leaders and the governor should be worked out the next couple of weeks. The package will likely include a cut to the state's personal income tax rate. Discussions
on reducing the personal income tax rate are intertwined with developing the budget for the 2013 budget year, which begins July 1.
Core services have been identified as transportation, public safety, education, human services and health. Those make up nearly 90 percent of the budget appropriated by lawmakers.
Lawmakers have about $168 million more to spend this session than a year ago. The $6.6 billion available for lawmakers to appropriate was set in February by a state budget board that by law determines spending limits based on tax revenue estimates for
the upcoming fiscal year by the Oklahoma Tax Commission<http://newsok.com/keysearch/?er=1&CANONICAL=Oklahoma+Tax+Commission&CATEGORY=ORGANIZATION>. Lawmakers
could have another $40 million to $140 million available through savings earned by consolidating government services and seeking efficiencies as well as some cuts in state spending. But also there are obligations (budget holes) from the previous down economics
years that will have to address, as well in this budget. So many leaders predict a rather flat budget for FY 2013.
Budget Outlook for FY 2013
State Treasurer Ken Miller announced this week that Oklahoma’s total revenue collections resumed their upward trajectory in April after slipping slightly in March, while gross production taxes continued to shrink. Total collections for the month were
$1.16 billion, up by almost $83 million or 7.7 percent from April of last year. Miller said all major sources of revenue saw growth over the prior year except for gross production, which fell by more than 20 percent.
Income tax collections jumped by more than 10 percent from the prior year and accounted for almost 50-cents of every dollar collected in April, the tax-filing deadline month. Sales tax collections, up by 7.1 percent, moderated slightly in April following
months of double-digit growth.
Miller said the state’s economy appears to be “weathering well the challenge” as it shows continued improvement. Since hitting the trough on revenue collections from the recession in February 2010, 12-month collections have increased by almost $1.6 billion
and are now only $336 million below the peak in December 2008.
Miller pointed to the latest reports on state unemployment as another bright spot. Reports show 21,460 more Oklahomans have jobs now than a year ago. And this compares to a U.S. unemployment rate of 8.2 percent.
Miller, former House Appropriations and Budget chairman, said he would advocate for cutting spending and tax credits, deductions and exemptions by $1 for every $1 cut in taxes, or paying for the tax cut up front. Lawmakers and Fallin have also discussed
making future cuts dependent on revenue growth or the use of a trigger. Miller said he thinks triggers are more about politics than economics.
Tax cut triggers are already embedded in state law, starting with the one that reduces the gross production tax on natural gas when prices fall below a certain level. Also, the state's current top individual income tax rate, 5.25 percent, fell to that
level because of an economic growth trigger. Other such triggers are now being discussed.
Tax cutters are determined to get the rate below 5 percent; others are just as determined to keep the floor at 5.25 percent. Triggers can be compromise strategies. A tax cut is promised but conditioned on growth.

Personal Income Tax Reduction
Gov. Mary Fallin's office said this week said her plan to cut the top income tax rate to 3.5 percent from 5.25 percent would not be passed. Fallin said there doesn’t seem to be enough interest in the Legislature to make a huge, significant cut in the
income tax. Fallin's plan is contained in House Bill 3061. It calls for reducing the state's tax brackets to three from seven. It would also provide for the eventual elimination of the state income tax, with yearly reductions of .25 percent to the tax rate
linked to a 5 percent growth in state tax revenue collections. Fallin said she did not know what the final cut would be but as budget and tax negotiations continue, she will push for the biggest tax cut possible.
Where it stands: A conference committee made up of members of the House and Senate is expected to work out a compromise tax bill over the next three weeks. The tax bill will have to be in place before a budget can be approved, which must be done before
mandatory adjournment May 25.
Another income measure still alive HB 3038, which proposes cutting the state's top personal income tax rate of 5.25 percent by 3 percentage points next year down to 2.25 percent, has been changed to reducing the tax rate by just 0.3 percentage points
next year to 4.95 percent. It originally called for continuing to reduce the personal income tax rate by 0.25 percentage points each year until the tax was eliminated in 10 years; it now calls for additional reductions of 0.25 percentage points only if the
state has experienced 5 percent revenue growth in sales, use, motor vehicle and corporate income taxes.
HB 3038 has been referred to the House GCCA.
Other Tax Matters
Please note the title is OFF all the tax bills, as their ultimate fate will be determined during the budgeting process in the upcoming weeks.

Transferability of Tax Credits – HB 2621 by Rep. Dennis Johnson and Senator Mike Mazzei modifies provisions for transferability of tax credits including wind turbines, railroad expenditures, and energy efficient residences. The House refused to concur
to Senate amendments and sent the measure to the GCCA.

Corporate Tax Credits – HB 2978 by Rep. David Dank and Senator Mike Mazzei, which sets criteria for future corporate tax credits to be issued. Under the measure, all tax credits would require pre-approval by the Legislature; tax credits would be subject
to full transparency and to regular auditing by the state auditor and inspector's office; proposed tax credits would have to be accompanied by a fiscal impact statement detailing how it would affect the state budget; and all tax credits would be subject to
caps and specific termination dates. HB 2978 has been referred to a House and Senate GCCA.

Oil and Gas Exploration Funds – SB 1234 by Senator Mike Mazzei and Rep. David Dank limits refunds relating to oil and gas exploration paid to all claimants annually to $50 million. The Senate refused House amendments, and SB 1234 has been referred to
a Senate GCCA.

Tangible Taxes – SB 1465 by Senator Brian Bingman and Rep. Skye McNiel modifies requirements in the sales tax in regards to direct payment permits for tangible property stored in state temporarily for fabrication, repair, testing, alteration, maintenance,
or other services. SB 1465 is set on next week’s Senate floor agenda and the title is on the bill.
Intangible Taxes – SJR52 by Senator Mike Mazzei and Senator David Dank unanimously passed the House. It would let voters decide whether to keep intangible personal property from being taxed. The measure is a proposed state constitutional amendment eliminating
property taxes on intangible property, which includes such things as client lists, trademarks and copyrights. If voters turn down the amendment, Oklahoma businesses would face the largest tax increase in state history, said Rep. David Dank, R-Oklahoma City,
the House author of SJR 52. The state Supreme Court in 2009 issued an opinion saying companies should be assessed ad valorem tax on intangible property. The Senate refused the House’s amendments and SJR 52 has been referred to the Senate GCCA.
Property Taxes – HJR1001 by Rep. David Dank and Senator Mike Mazzei directs the Secretary of State to refer a proposed constitutional amendment to a vote of the people. The constitutional amendment would allow people aged 65 and older, regardless of their
income level, to qualify for a property tax benefit so long as they own and occupy the property. For the purposes of property taxes, beginning January 1, 2013 the fair cash value of the property would not increase above the value placed on the property in
the year the owner turned 65 years old; any improvements made would be added to the assessed value. The House refused the Senate’s amendments to the measure, which has been referred to the House Conference Committee on Government Modernization and Rules.
2012 Bond Talk
OK POP Museum
A pre-design study was distributed to state lawmakers this week that says the POP museum in Tulsa would not need any state funding to operate. Museum backers are seeking a one-time $42.5 million state bond issue to finance construction of the project.
The pre-design study projects annual operating costs for the museum – known as OKPOP – at $2.1 million, including a staff of 22. That amount will be covered by admission charges, annual donations, income from the facility's planned five-story, 650-space parking
garage, facility rentals and other nontax income sources, the report shows. The Tulsa museum is envisioned for a 90,000-square-foot lot donated by the Bank of Oklahoma along Archer Street between Boston and Cincinnati avenues.
The costs include $26.7 million for the museum and $10.7 million for the parking garage. The proposed bond issue also includes nearly $3 million for architectural and consulting fees. If the Legislature approves a bond issue for the project this year,
the report envisions design and preconstruction work to begin in 2013, construction to begin in September 2014, exhibit installation to begin at the beginning of 2016 and a grand opening in June 2016. The state's first payment on the project wouldn't come
due until fiscal year 2015, by which time some 300 jobs would have already have been created by the effort.
Legislative leaders have said publicly that there is little chance for a bond issue other than a possible $160 million to $200 million package to do repair work to the state Capitol.
Transportation

Eight-year construction plan and State Bridges – House Bill 2248, by Rep. T.W. Shannon and Sen Bryce Marlatt (Combined with SB 1643), would increase road funding in the coming fiscal year. Current law calls for an annual increase of $41.7 million in road
funding. Shannon’s bill would increase that amount to $56.7 million, directing an additional $15 million to the Rebuilding Oklahoma Access and Driver Safety Fund. The bill directs that the fund continue receiving an additional $56.7 million each year until
the total increase equals $550 million. Currently, 706 of nearly 6,800 bridges on the state highway system are identified as structurally deficient. Of the 706 bridges, 413 are scheduled to be replaced in the next seven years, but 293 remain unfunded. This
legislation would address those 293 and many of those bridges will be replaced if HB 2248 becomes law. The House refused Senate amendments, and HB 2248 has been referred to the House and Senate GCCA.

County Bridges

House Bill 2249, by Rep. Shannon and Senator Marlatt, (Combined with SB 1642) would direct 16 percent of vehicle licensing fees and penalties to the County Improvements for Roads and Bridges (CIRB) Fund, and increases that amount to 20 percent by 2013.
The CIRB program is currently funded with 15 percent of the motor vehicle taxes and fees. House Bill 2249 would increase the estimated annual funding for the CIRB program from approximately $80 million to more than $105 million. The House refused Senate amendments,
and HB 2248 has been referred to the House GCCA.
Weigh Stations
Higher Education Facilities Revolving fund – SB 1144 and HB 2391 by Senator Bingman and Rep. Guy Liebmann removes the Higher Education Facilities Revolving fund as a recipient of the motor fuel tax and replaces it with the Weigh Station Improvement Revolving.
The measure redirects some fuel tax revenue now deposited into the Higher Education Facilities Fund to a weigh station improvement fund handled by the Oklahoma Corporation Commission. The fund will receive $500,000 per month until it reaches $51 million, which
will take more than eight years. SB 1144 is set on the Senate agenda for this week and HB 2391 will head to the House and Senate GCCA conference committees.
Sunset for Petroleum Storage Tank Indemnity Fund: Senate Bill 1336 by Senator Cliff Branan and Rep. T.W. Shannon modifies date that administrators shall notify Tax Commission for below maintenance level requirements of the Petroleum Storage Tank Indemnity
Fund to December 31, 2022. The Senate refused House amendments, and SB 1336 has been referred to the Senate and House GCCA.
Banking
POD Benefits/Safe Deposit Box – HB 2787 by Rep. Charles Ortega and Senator Eddie Fields allows a bank or credit union to transfer or release the contents of a rented safe deposit box to the known heirs of the deceased sole owner of the safe deposit box
when no beneficiary or successor has been designated and when the contents of the box are less than $20,000. HB 2787 has been appointed to the House Conference Committee on Insurance and Economic Development. The Senate appointed a conference committee that
includes the following members: Senators Fields, Sykes, Crain, Burrage, Ivester and Anderson.
Public Health
Pseudoephedrine: The Oklahoma House of Representatives voted Wednesday to accept Senate amendments to House Bill 2941 by a vote of 89 to 1 and send it to the governor. HB 2941, by Rep. David Derby and Senator Rick Brinkley, is designed to curb methamphetamine
production in Oklahoma by targeting meth criminals and protecting law-abiding consumers’ access to safe and effective medicines containing pseudoephedrine, such as Advil Cold and Sinus and Mucinex-D. Under the legislation, the electronic tracking system will
be linked with 21 states and will issue a stop-sale alert if the completion of the sale would violate quantity limits or the meth offender registry. It also allows pharmacists to establish service charge that is kept if the purchaser shows up on the meth
registry, but otherwise will go towards the purchase price. HB 2941 lowers the quantity of pseudoephedrine product a person may purchase to 3.6 grams per day, 7.2 grams per 30-day period or 60 grams within a 12-month period. Persons with a prior conviction
of manufacturing or attempting to manufacture meth will be guilty of a felony if they attempt to purchase pseudoephedrine and would face a minimum of 14 years in prison. The bill has been sent to the Governor for her consideration.
Workers Compensation
HB 2155 by House Speaker Kris Steele and Senate Pro Tempore Brian Bingman creates the Oklahoma Employee Injury Benefit Act or commonly referred to as Opt Out. The measure authorizes any employer to voluntarily elect to be exempt from the Workers’ Compensation
Code and elect to become a qualified employer by satisfying several requirements. The Insurance Commissioner will collect and maintain the qualified employer’s information, maintain compliance and may require the employer to confirm its qualified employer
status. The Oklahoma House defeated the measure 42 to 50 but Rep. Fred Jordan used a parliamentary procedure that would have allowed him to bring the measure up for reconsideration. However, the reconsideration motion expired, and the measure is now dead
for the session.

SB 1060 by Senator Bill Brown and Rep. Randy Grau requires that insurers that suspect fraud notify the Workers' Compensation and Insurance Fraud Unit of the Office of the Attorney General; EMERGENCY. The bill has been signed into law by the Governor and
becomes effective immediately.

SB 1246 by Senate Pro Tempore Brian Bingman and Rep. Fred Jordan requires pending workers' compensation proceeding to be stayed until the final disposition of the criminal case in the event a claimant is charged with workers' compensation fraud. SB 1246
is set on the Senate agenda for next week.
SB 1520 by Senate Pro Tempore Brian Bingman and Rep. Fred Jordan requires persons receiving disability benefits to file affidavit 12 months after receipt of first benefit; requires Workers' Compensation Court to inform employees that they shall comply
with requirements; updates statutory references. The Senate refused the House amendments and has appointed a conference committee consisting of the following members: Senators Bingman, Sykes, Johnson (Rob), Nichols, Burrage and Sparks.

DHS Legislation
HB 2736 by Rep. Ron Peters and Senator Rick Brinkley authorizes the Department of Human Services (DHS) to provide information to a federally recognized Indian tribe that is relevant to any individual who has applied to become a foster care, adoptive or
guardianship placement through the tribe. The measure requires DHS to contract with private child-placing agencies for the recruitment, training and retention of foster care services. DHS will retain responsibility for child abuse and neglect investigations,
referrals to law enforcement, participation in the court system, case management and adoptions. The measure establishes a steering committee responsible for submitting to the Legislature an advisory plan for the outsourcing of recruitment, training and retention
of foster care providers and to monitor the implementation of the plan and make recommendations on the implementation of outsourcing statewide. HB 2736 has been recommended to the House Conference Committee on Health and Human Services. The Senate appointed
a conference committee: Brinkley, Crain, Griffin, Treat, Burrage, Johnson
The following measures have been referred to the House Conference Committee on Health and Human Services:

• HB 3133 by Rep. Jason Nelson and Senator Greg Treat authorizes the Oklahoma Commission on Children and Youth to employ administrative law judges to preside over DHS cases that are child-welfare and foster-care related. The measure also transfers
relevant administrative law judges from DHS to the Commission on Children and Youth to avoid a conflict of interest in having DHS judges preside over agency cases. HB 3133 unanimously passed the Senate Appropriations Committee and is waiting to be heard on
the Senate floor.

• HB 3134 by Rep. Jason Nelson and Senator Greg Treat authorizes modifies the organizational structure of DHS so that administrators responsible for the development of policies will also be responsible and accountable to ensure procedures are being
followed correctly. HB 3134 unanimously passed the Senate Rules Committee and is waiting to be heard on the Senate floor.

• HB 3135 by Rep. Jason Nelson and Senator Greg Treat authorizes provides that DHS is not prohibited from disclosing information concerning alleged child abuse or neglect, already made public by a law enforcement agency, when the disclosure is limited
to confirmation of the child's safety and whether the child has been taken into custody. HB 3135 unanimously passed the Senate Judiciary and is waiting to be heard on the Senate floor.

• HB 3136 by Rep. Jason Nelson and Senator Greg Treat authorizes directs DHS to develop a certification process for child welfare workers. HB 3136 unanimously passed the Senate Appropriations Committee and is waiting to be heard on the Senate floor.

• HB 3137 Rep. Jason Nelson and Senator Greg Treat authorizes gives the Legislature statutory authority to oversee the Human Services Commission<http://newsok.com/keysearch/?er=1&CANONICAL=Human+Services+Commission&CATEGORY=ORGANIZATION>
if voters approve HJR 1092. Nelson said approval of the constitutional amendment would allow legislators to make adjustments without having to seek voter approval. The House refused the Senate amendments and referred the measure to the House Conference Committee
on Health and Human Services.

• House Joint Resolution 1092 Speaker Kris Steele and Senator Greg Treat authorizes is a constitutional amendment asking voters in November to approve repealing the Commission for Public Welfare, which was approved by voters in 1936 to oversee DHS.
The commission has nine members, each of who is appointed to a nine-year term. The House refused the Senate amendments and HJR1092 has been referred to the Conference Committee on Government Modernization and Rules.
Water

OWRB Infrastructure Credit Enhancement Reserve Fund – HJR 1085 – House Joint Resolution 1085 by Rep. Richardson creates a state question for a constitutional amendment creating the OWRB Infrastructure Credit Enhancement Reserve Fund to issue bonds for
water resource and sewage treatment and financial assistance programs for Oklahoma’s political subdivisions. The fund would back up to $300 million in water projects across the state and would pay any loans where local governments defaulted. No failure of
loans has occurred during the past 30 years that the water board has loaned money for water projects. HJR 1085 has been filed with the Secretary of State.
Gray Water – HB 2835 – by Rep Scott Martin and Sen Bryce Marlatt, would give homeowners more flexibility to reuse gray water — untreated household wastewater not from a toilet or a kitchen sink — on their property. HB 2835 unanimously passed the House
and now heads to the Governor.
Community Water Infrastructure Development Fund – HB 2929 by Rep. Don Armes and Senator Bryce Marlatt requires the Oklahoma Water Resources Board to transfer fifty percent of the Community Water Infrastructure Development Fund monies to the Statewide
Water Development Revolving Fund. The measure deletes the requirement that a portion go to the Oklahoma Comprehensive Water Plan. The House refused the Senate’s amendments, and the measure has been referred to the House Conference Committee on Natural Resources.
The Senate has appointed a conference committee including the following members: Senators Marlatt, Branan, Crain, Schulz, Burrage and Paddack.
Regional Water Plans: Senate Bill 1327 by Senator Brian Crain and Rep. Phil Richardson would establish nine water planning councils to develop regional water plans. The Senate has appointed a conference committee including the following members: Senators
Marlatt, Branan, Crain, Schulz, Burrage and Paddack.
Public Safety
House Bill 3052 by House Speaker Kris Steele, which is intended to reduce crime and control prison growth, passed the House 71-18. It now goes to the governor. HB 3052 would create a grant program for local law enforcement agencies, require supervision
of all felons leaving prison and develop intermediary revocation facilities for nonviolent offenders who violate drug court regulations or conditions of probation and parole.
Speaker Steele accepted a decision by the Senate to cut a section of his bill that would have allowed inmates who must serve 85 percent of their sentence to start earning good-time credits when they enter prison. Inmates now serving the 85 percent sentences
are not eligible to earn good-time credits until 85 percent has been served. Steele said the measure still would increase public safety by making better use of state resources.
Upon the Governor’s signing of bill, a ceremonial signing is scheduled for Thursday, May 10, 2012, at 10:30 a.m.

Energy and Natural Resources

Landowners’ Bill of Rights – HB 1562 by Rep. Fred Jordan, R-Jenks, and Senator Greg Treat, R-Oklahoma City, directs the Attorney General to prepare a “Landowner’s Bill of Rights” for a property owner whose property may be acquired by eminent domain. The
Landowner Bill of Rights will include relevant information and procedures regarding a property owner’s rights in an eminent domain action, written in plain language, and made available to the public. The measure provides that failure to comply with the statutory
duties and requirements relating to eminent domain and condemnation procedures and policies will invalidate the acquisition of the property and provides for a cause of action for such failure to comply. The Governor has signed HB 1562 into law.

Oklahoma Energy Initiative – SB 1627 by Senator Bingman and Rep. Ron Peters creates the Oklahoma Energy Initiative designed to advance new research and development efforts relating to energy. SB 1627 is set on the Senate floor agenda this week.
Energy Litigation Reform Act: HB 2654 by Rep. Fred Jordan establishes a “reasonably prudent operator” standard, which states that a reasonably prudent operator should operate a well on behalf of all owners in the well. The measure states that the Production
Revenue Standards Act shall provide the exclusive remedy to a person entitled to proceeds from production for failure of a holder to pay proceeds within the required time periods, except for the right to enforce lien rights under private agreement and except
where specific remedies are provided by private agreement, and as long as Oklahoma Statutes provide for an interest rate of at least 12% compounded annually. HB 2654 stipulates that the owner(s) of oil and gas rights in and under an unleased tract of land
are a lessee to the extent of a 7/8 interest in and to the rights and a lessor to the extent of the remaining 1/8 interest unless and until the owner(s) elect not to participate under a pooling order issued by the Corporation Commission, at which time each
owner will be considered a lessor and subject to the judicially recognized implied covenant to market. HB 2654 passed the House 89-0 on Fourth Reading and has been sent to the Governor.
Education
Social Promotion: Governor Fallin signed into law this week a bill that clarifies the process for exempting certain children from the requirement that all third grade students read at grade level or face retention under a law ending social promotion.
House Bill 2516, by Rep. Sally Kern, amends the Reading Sufficiency Act to require clear documentation of the need for an exemption and makes administrators explicitly responsible for justifying those decisions. House Bill 2516 will be effective July 1, 2012.
AP Courses – House Bill 2494 by Rep. Lee Denney and Senator James Halligan specifies that participation and scores in Advanced Placement courses whether taught at a high school, technology center or regional site of the Oklahoma School of Science and
Mathematics will be used to help determine the letter grade a school will receive through the state’s letter grades for schools system. It also specifies that technology center courses granted college alliance credit and science, technology, engineering and
mathematics courses taken at regional sites of the Oklahoma School of Science and Mathematics also would be used to determine letter grades for schools. The percentage of eligible students pursuing career majors at technology centers and the percentage of
all eligible students earning a score of four or higher on any WorkKey assessment developed by ACT also will help determine a school’s grade. The House refused to concur with Senate amendments and sent the measure to House Conference Committee on Education.
The Senate appointed the following conference committee: Senators Halligan, Ford, Barrington, Crain, Garrison, Paddack.
Virtual School Sponsoring Commission – SB 1816 by Senator Gary Stanislawski and Rep. Sally Kern creates the Virtual School Sponsoring Commission, which will have the authority to sponsor a full-time, statewide virtual school. The commission must also
provide oversight of approved virtual education providers and report by November 1 each year to the governor, president pro tempore of the Senate and speaker of the House of Representatives the performance of students enrolled with the providers, enrollment
numbers and expenditures. Providers of full-time virtual education will receive the state aid allocation and any other state appropriated funds minus up to 5 percent. Starting July 1, 2014, no school district can offer full-time virtual education to students
who do not live in the district unless the district receives approval from the commission. The Senate refused the House amendments, and the measure has been referred to GCCA.

Oklahoma Bridge to Literacy Program – House Bill 2676 by Rep. Jabar Shumate and Senator Judy Eason McIntyre directs the Oklahoma State Board of Education to establish the Oklahoma Bridge to Literacy Program to improve reading skills of children through
the fourth grade. The State Department of Education must issue a request for proposals by October 1, 2012, and each October 1 after that, seeking applications for the program. Eligible applicants include nonprofit organizations; community-based programs, centers,
organizations or services; and churches or religious organizations. Programs must establish reading programs for children through the fourth grade and may be offered before school, after school, on Saturdays or during summer months. The programs must focus
on enabling children to read at the appropriate level and provide assessments and measure of reading skills to determine success. The state board must award grants by February 1 each year. The department also must provide reading instruction training, resource
materials on reading instruction and remediation and other assistance. The board must provide for independent evaluations of programs and report to the governor, speaker of the House and pro tempore of the Senate each year. The House refused the Senate amendments
and referred the bill to the House Conference Committee on Education.
Grading System: House Joint Resolution 1125, by Rep. Mike Shelton, cleared the committee by a vote of 9-1 and now moves to a vote in the full House. The resolution would disapprove recent administrative rules written by the Department of Education that
relate to the A-F Grading system for schools and teachers. Rep. Shelton said the intent of the Legislature when they passed the law to create the grading system was to give parents an easy, transparent system for determining the effectiveness of their local
schools. He said these rules written by the Department of Education create a grading system that is convoluted, difficult to understand, read or follow. Following the committee vote, Gov. Mary Fallin released a statement indicating that she had already approved
the rules. Shelton said, however, that the Legislature has the power to disapprove agency rules by resolution regardless of any action taken by the Governor.

2012 Legislative and Election Calendar and Deadlines

May 2012

May 25 – HOUSE & SENATE – Sine Die Adjournment, no later than 5:00 p.m.

June 2012

June 26 – Primary Election
Thank you and have a great week!
Jami

SPIRITBANK BILL TRACKING REPORT 5/7/12
05-07-2012 – 11:53:35

________________________________

HB 1225 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB1225>
- – – – – – -

Ownbey
Simpson
Requires that measures being submitted by the parties must include a funding source; the parties shall also submit to the Secretary of State and the Attorney General a statement outlining all sources of funding to be used in the measure.
Bill History: 05-18-11 S Meeting set for 8:30 a.m., Room 412C, State Capitol, House Conf. Comm. on Gov. Mod. and Rules
05-18-11 S Laid over
05-18-11 H Referred to House Committee on House Conf. Comm. on Gov. Mod. and Rules
05-19-11 S Meeting set for 8:30 a.m., Room 412C, State Capitol, House Conf. Comm. on Gov. Mod. and Rules
05-19-11 S Laid over

HB 1361 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB1361>
- – – – – – -

Peters
Johnson, Rob
Creates the Family Wealth Preservation Trust Act; requires that notice of the date of money or property to a preservation trust shall be filed in the office of the clerk of Oklahoma County.
Bill History: 02-08-12 H Senate amendments rejected.
02-08-12 H House refused to concur in Senate amendments
02-08-12 H House appointed a conference committee: Conference Committee
on Public Safety, Judiciary and Military Affairs
02-08-12 H Rereferred to Committee on House Conf. Comm. on Public Safety and Jud.
05-03-12 S Senate appointed a conference committee: Johsnon (Rob),
Sykes, Mazzei, Brinkley, Laster, Burrage

HB 1943 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB1943>
- – – – – – -

Jackson
Branan
Requires county floodplain regulations to be approved by the Oklahoma Water Resources Board; clarifies language relating to water rights; EMERGENCY.
Bill History: 05-16-11 S Senate appointed a conference committee: Branan, Nichols,
Treat, R. Johnson, Burrage, Sparks
05-17-11 H Referred to House Committee on House Conf. Comm. on Natural Resources
05-17-11 S Meeting set for 9:00 a.m., Room 512, State Capitol, House Conf. Comm. on Natural Resources
05-27-11 S Dormant pursuant to the rules
03-21-12 S Rereferred to Committee on House Public Safety

HB 1952 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB1952>
- – – – – – -

McNiel
Stanislawski
Separates and clarifies the duties of the Corporation Commission with size and weight enforcements; establishes that employees can enforce size and weight requirements at scale facilities.
Bill History: 04-24-12 S Laid out for consideration in the Senate
04-24-12 S Floor substitute adopted
04-24-12 S 1 Floor amendment(s) adopted
04-24-12 S Title restored
04-24-12 S Passed/Adopted (Vote: Y: 44/N: 0)

HB 2248 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2248>
- – – – – – -

Shannon
Marlatt
Apportions certain monies to the Rebuilding Oklahoma Access and Driver Safety Fund; modifies appropriations to transportation funds; EMERGENCY.
General Remarks: Transportation Funding legislation
Bill History: 05-02-12 H Laid out for consideration in the House
05-02-12 H House refused to concur in Senate amendments
05-02-12 H House appointed a conference committee: GCCA
05-03-12 S Senate appointed a conference committee: GCCA
05-04-12 H Referred to House Committee on House GCCA

HB 2249 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2249>
- – – – – – -

Shannon
Marlatt
Modifies annual appropriation percentage requirements for contributions to the General Revenue Fund of the State Treasury; directs certain funds to be deposited in the County Improvements for Roads and Bridges Fund; EMERGENCY.
General Remarks: Bridge Improvement legislation
Bill History: 05-02-12 H Laid out for consideration in the House
05-02-12 H House refused to concur in Senate amendments
05-02-12 H House appointed a conference committee: GCCA
05-03-12 S Senate appointed a conference committee: GCCA
05-04-12 H Referred to House Committee on House GCCA

HB 2250 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2250>
- – – – – – -

Shannon
Marlatt
Any officer who has stopped a vehicle to weigh it with portable scales must allow the driver of the vehicle to move to the most level weighing area within 2 miles of the stop; EMERGENCY.
Bill History: 03-29-12 S Meeting set for 9:30 a.m., Room 534, State Capitol, Senate Public Safety
03-29-12 S Voted from committee – Do Pass as substituted Senate Public Safety
04-25-12 S Set on the Senate Floor Agenda
04-25-12 S Laid out for consideration in the Senate
04-25-12 S Passed/Adopted (Vote: Y: 44/N: 0)

HB 2319 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2319>
- – – – – – -

McDaniel, Randy
Anderson
Raises the amount of the paid base salary of each member of the OK Police Pension and Retirement System appropriated into the System by a municipality to 14 percent; raises the amount paid by members to nine percent; EMERGENCY.
Bill History: 04-26-12 H Laid out for consideration in the House
04-26-12 H House refused to concur in Senate amendments
04-26-12 H House appointed a conference committee: Conference Committee
on Insurance and Economic Development
04-30-12 H Referred to House Committee on House Conf. Comm. on Insurance and Econ. Dev.
05-03-12 S Senate appointed a conference committee: Anderson, Brown,
Mazzei, Aldridge, Adelson, Paddack

HB 2320 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2320>
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McDaniel, Randy
Anderson
Members of the OK Firefighters Deferred Option Plan to receive 7.5 percent annual interest after five-year enrollment period; raises percentage of insurance premium tax revenues deposited in fund; EMERGENCY.
Bill History: 04-26-12 H Laid out for consideration in the House
04-26-12 H House refused to concur in Senate amendments
04-26-12 H House appointed a conference committee: Conference Committee
on Insurance and Economic Development
04-30-12 H Referred to House Committee on House Conf. Comm. on Insurance and Econ. Dev.
05-03-12 S Senate appointed a conference committee: Anderson, Brown,
Mazzei, Aldridge, Adelson, Paddack

HB 2390 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2390>
- – – – – – -

Liebmann
Bingman
Allows costs incurred as a result of releases from state or federally owned storage tank systems to be reimbursed by the Oklahoma Petroleum Storage Tank Indemnity Fund; removes minimum cost requirement; EMERGENCY.
General Remarks: Weigh Station legislative vehicle
Bill History: 05-01-12 H House refused to concur in Senate amendments
05-01-12 H House appointed a conference committee: GCCA
05-02-12 S Senate appointed a conference committee: GCCA
05-03-12 H Referred to House Committee on House GCCA
05-08-12 S Meeting set for 3:00 p.m., Room 432A, State Capitol, House GCCA

HB 2391 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2391>
- – – – – – -

Liebmann
Bingman
Alters apportionment of motor fuel assessment revenues; provides an apportionment to the Weigh Station Improvement Revolving Fund; removes apportionments to the Higher Education Facilities and State Transportation Funds; EMERGENCY
General Remarks: Weigh Station legislative vehicle
Bill History: 04-26-12 H Laid out for consideration in the House
04-26-12 H House refused to concur in Senate amendments
04-26-12 H House appointed a conference committee: GCCA
04-30-12 H Referred to House Committee on House GCCA
05-03-12 S Senate appointed a conference committee: GCCA

HB 2394 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2394>
- – – – – – -

Liebmann
Marlatt
Removes certain penalties for violations of toll collection regulations; removes higher penalties for subsequent violations.
Bill History: 04-04-12 S Enacting clause struck in committee Senate Appropriations
04-04-12 S Voted from committee – Do Pass as amended Senate Appropriations
04-24-12 S Set on the Senate Floor Agenda
04-24-12 S Laid out for consideration in the Senate
04-24-12 S Passed/Adopted (Vote: Y: 41/N: 0)

HB 2469 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2469>
- – – – – – -

Morrissette
Crain
Creates the Oklahoma Transportation Infrastructure Bank Act; the bank will be governed by a board of directors and will select and assist in financing major qualified projects for constructing and improving highways.
Bill History: 04-26-12 H Laid out for consideration in the House
04-26-12 H House refused to concur in Senate amendments
04-26-12 H House appointed a conference committee: GCCA
04-30-12 H Referred to House Committee on House GCCA
05-03-12 S Senate appointed a conference committee: GCCA

HB 2520 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2520>
- – – – – – -

Murphey
Holt
Creates the Government Reorganization Act; Sets requirements for removing FTEs and consolidating agencies; EMERGENCY.
Bill History: 04-26-12 H Laid out for consideration in the House
04-26-12 H House refused to concur in Senate amendments
04-26-12 H House appointed a conference committee: Conference Committee
on Government Modernization and Rules
04-30-12 H Referred to House Committee on House Conf. Comm. on Gov. Mod. and Rules
05-03-12 S Senate appointed a conference committee: GCCA

HB 2578 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2578>
- – – – – – -

Mulready
Brinkley
A new law defines contracts with a collection agency; Defines debts and accounts receivable; Defines the collection of fees.
Bill History: 04-18-12 S Set on the Senate Floor Agenda
05-03-12 H Set on the House Floor Agenda
05-03-12 H Laid out for consideration in the House
05-03-12 H House concurred in Senate amendments
05-03-12 H Passed/Adopted (Vote: Y: 66/N: 6)

HB 2621 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2621>
- – – – – – -

Johnson
Mazzei
Modifies provisions for transferability of tax credits including wind turbines, railroad expenditures, and energy efficient residences; EMERGENCY.
General Remarks: Tax credit vehicle
Bill History: 04-25-12 H Laid out for consideration in the House
04-25-12 H House refused to concur in Senate amendments
04-25-12 H House appointed a conference committee: GCCA
04-30-12 H Referred to House Committee on House GCCA
05-01-12 S Senate appointed a conference committee: GCCA

HB 2643 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2643>
- – – – – – -

Brumbaugh
Brown
Removes limitation on sign removal as related to roads, bridges and ferries; EMERGENCY.
Bill History: 04-30-12 H Laid out for consideration in the House
04-30-12 H House concurred in Senate amendments
04-30-12 H Passed/Adopted (Vote: Y: 83/N: 3)
04-30-12 H Emergency Passed
05-01-12 G Sent to the Governor

HB 2647 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2647>
- – – – – – -

Brumbaugh
Jolley
Requires acquisition of any motor vehicle of 10,000 pounds or less by a state entity to be approved by the State Fleet Manager; Allows certain state agencies to use leased vehicles.
Bill History: 04-24-12 H Laid out for consideration in the House
04-24-12 H House refused to concur in Senate amendments
04-24-12 H House appointed a conference committee: Conference Committee
on Government Modernization and Rules
04-30-12 H Referred to House Committee on House Conf. Comm. on Gov. Mod. and Rules
05-01-12 S Senate appointed a conference committee: GCCA

HB 2787 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2787>
- – – – – – -

Ortega
Fields
Relates to affidavits of known heirs to access safe deposit boxes if the amount of the content is less that $20,000.
Bill History: 04-26-12 H Laid out for consideration in the House
04-26-12 H House refused to concur in Senate amendments
04-26-12 H House appointed a conference committee: Conference Committee
on Insurance and Economic Development
04-30-12 H Referred to House Committee on House Conf. Comm. on Insurance and Econ. Dev.
05-02-12 S Senate appointed a conference committee: Fields, Sykes,
Crain, Burrage, Ivester, Anderson

HB 2835 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2835>
- – – – – – -

Martin, Scott
Marlatt
A new law that allows for the usage of a certain amount of grey water for certain purposes without a permit; Establishes requirements, provides for definitions and lists conditions.
Bill History: 05-02-12 H Set on the House Floor Agenda
05-02-12 H Laid out for consideration in the House
05-02-12 H House concurred in Senate amendments
05-02-12 H Passed/Adopted (Vote: Y: 88/N: 0)
05-03-12 G Sent to the Governor

HB 2928 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2928>
- – – – – – -

Armes
Justice
Clarifies statute references relating to gross production tax; Lengthens certain funding allocations to 2016.
Bill History: 05-01-12 H Set on the House Floor Agenda
05-01-12 H Laid out for consideration in the House
05-01-12 H House concurred in Senate amendments
05-01-12 H Passed/Adopted (Vote: Y: 91/N: 1)
05-02-12 G Sent to the Governor

HB 2929 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2929>
- – – – – – -

Armes
Marlatt
Clarifies language relating to Commercial Water Infrastructure Development Revolving Fund; EMERGENCY.
Bill History: 05-02-12 H Laid out for consideration in the House
05-02-12 H House refused to concur in Senate amendments
05-02-12 H House appointed a conference committee: Conference Committee
on Natural Resources
05-03-12 S Senate appointed a conference committee: Marlatt, Branan
Crain, Schulz, Burrage, Paddack
05-04-12 H Referred to House Committee on House Conf. Comm. on Natural Resources

HB 2978 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB2978>
- – – – – – -

Dank
Mazzei
Requires tax credits to identify recipients, create jobs, and limits number of credits allowed to be claimed by one entity.
General Remarks: Tax credit vehicle
Bill History: 05-01-12 H Laid out for consideration in the House
05-01-12 H House refused to concur in Senate amendments
05-01-12 H House appointed a conference committee: GCCA
05-02-12 S Senate appointed a conference committee: GCCA
05-04-12 H Referred to House Committee on House GCCA

HB 3038 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB3038>
- – – – – – -

Osborn
Jolley
Updates dates, rates, and specifications for the Oklahoma Income Tax Code; EMERGENCY.
General Remarks: Personal Income Tax (Laffer)
Bill History: 04-30-12 H Laid out for consideration in the House
04-30-12 H House refused to concur in Senate amendments
04-30-12 H House appointed a conference committee: GCCA
05-02-12 S Senate appointed a conference committee: GCCA
05-04-12 H Referred to House Committee on House GCCA

HB 3055 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB3055>
- – – – – – -

Steele
Fields
Creates the Water for 2060 Act; allows one or more rural water districts to be considered communities under OWRB programs; creates Water for 2060 Advisory Council; provides for officers and meetings; lists duties of the Council.
Bill History: 04-18-12 S Floor substitute adopted
04-18-12 S Fields requests moving bill back to General Order to
consider the substitute; motion is approved
04-18-12 S Untimely amendment filed by Fields to restore title
04-18-12 S Title restored
04-18-12 S Passed/Adopted (Vote: Y: 32/N: 10)

HB 3061 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HB3061>
- – – – – – -

Steele
Bingman
Creates the Oklahoma Tax Reduction and Simplification Act; Reduces individual income taxes; Removes obsolete language.
General Remarks: Personal Income Tax (Governor's Proposal)
Bill History: 04-25-12 S Passed/Adopted (Vote: Y: 30/N: 16)
05-02-12 H Laid out for consideration in the House
05-02-12 H House refused to concur in Senate amendments
05-02-12 H House appointed a conference committee: GCCA
05-04-12 H Referred to House Committee on House GCCA

HJR1001 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=HJR1001>
- – – – – – -

Dank
Reynolds, Jim
Sends to a vote of the people a measure that would freeze property tax valuation for homesteads owned by those 65 or older & would also remove income limit for benefit.
Bill History: 04-24-12 S Laid out for consideration in the Senate
04-24-12 S Passed/Adopted (Vote: Y: 43/N: 3)
05-02-12 H Laid out for consideration in the House
05-02-12 H House refused to concur in Senate amendments
05-02-12 H House appointed a conference committee: Conference Committee
on Government Modernization and Rules

SB 122 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB122>
- – – – – – -

Mazzei
Dank
Changes the apportionment date to the beginning of the 2014 fiscal year for the gross production tax for the Oklahoma Water Resources Board Rural Economic Action Plan Water Projects Fund.
Bill History: 04-26-11 H Passed/Adopted (Vote: Y: 62/N: 31)
05-02-11 S Senate refused to concur in House amendments
05-02-11 S Conference requested- conferees to be named later
05-03-11 S Senate appointed a conference committee: GCCA
05-03-11 H House appointed a conference committee: GCCA

SB 448 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB448>
- – – – – – -

Barrington
Billy
Modifies definitions and license requirements for commercial motor vehicles transporting empty storage container tanks; provides exceptions; Requires medical examinations of drivers; Bans texting while driving; EMERGENCY.
Bill History: 05-01-12 S Set on the Senate Floor Agenda
05-01-12 S Laid out for consideration in the Senate
05-01-12 S Senate concurred in House amendments
05-01-12 S Passed/Adopted (Vote: Y: 42/N: 0)
05-02-12 G Sent to the Governor

SB 456 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB456>
- – – – – – -

Mazzei
Dank
Excludes union master payouts paid by the buyer of facility to individuals employed by the facility from payroll considerations for qualified manufacturing facilities and ad valorem exemptions; EMERGENCY.
Bill History: 04-09-12 H Passed/Adopted (Vote: Y: 83/N: 2)
04-09-12 H Emergency Passed
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate refused to concur in House amendments
05-03-12 S Senate appointed a conference committee: GCCA

SB 608 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB608>
- – – – – – -

Russell
Wesselhoft
Allows electronic copies of statutes and session laws to be sent to designated officers, libraries, and universities; EMERGENCY.
Bill History: 05-16-11 S Senate refused to concur in House amendments
05-16-11 S Conference requested- conferees to be named later
05-16-11 H House appointed a conference committee: Conference Committee
on Government Modnernization and Rules
05-17-11 S Senate appointed a conference committee: GCCA
05-04-12 H Referred to House Committee on House Conf. Comm. on Gov. Mod. and Rules

SB 728 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB728>
- – – – – – -

Mazzei
Dank
Terminates specific sales tax exemptions for government and nonprofit entities on July 1, 2011; exemptions will lose effect after five years from date of termination.
Bill History: 05-18-11 H Referred to House Committee on House GCCA
05-18-11 S Meeting set for 1:00 p.m., Room 432A, State Capitol, House GCCA
05-18-11 H Reported from House GCCA House GCCA
05-18-11 H Conference committee report submitted
05-20-11 S Set on the Senate Floor Agenda

SB 730 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB730>
- – – – – – -

Mazzei
Dank
Opens up funds from the unclassified tax account to pay for tax refunds if there are insufficient funds; a taxpayer who fails to file more than two withholding tax returns may be referred to the debt collection agency.
Bill History: 05-02-11 S Senate refused to concur in House amendments
05-02-11 S Conference requested- conferees to be named later
05-03-11 S Senate appointed a conference committee: GCCA
05-03-11 H House appointed a conference committee: GCCA
05-04-12 H Referred to House Committee on House GCCA

SB 732 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB732>
- – – – – – -

Mazzei
Dank
Confirms that a state employee shall be terminated if the Tax Commission notifies an employee three times due to failure to comply with income tax laws.
Bill History: 05-02-11 S Senate refused to concur in House amendments
05-02-11 S Conference requested- conferees to be named later
05-03-11 S Senate appointed a conference committee: GCCA
05-03-11 H House appointed a conference committee: GCCA
05-04-12 H Referred to House Committee on House GCCA

SB 733 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB733>
- – – – – – -

Mazzei
Dank
Provides an effective date for the enforcement of the Oklahoma Tax Code as a law.
Bill History: 05-02-11 S Senate refused to concur in House amendments
05-02-11 S Conference requested- conferees to be named later
05-03-11 S Senate appointed a conference committee: GCCA
05-03-11 H House appointed a conference committee: GCCA
05-04-12 H Referred to House Committee on House GCCA

SB 1071 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1071>
- – – – – – -

David
Jackson
Reauthorizes the state income tax donation for Court Appointed Special Advocate Programs effective January 1, 2014.
Bill History: 05-02-12 S Laid out for consideration in the Senate
05-02-12 S Lerblance asks if bill reduces income tax; David says no
05-02-12 S Senate concurred in House amendments
05-02-12 S Passed/Adopted (Vote: Y: 36/N: 2)
05-03-12 G Sent to the Governor

SB 1144 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1144>
- – – – – – -

Bingman
Liebmann
Removes the Higher Education Facilities Revolving fund as a recipient of the motor fuel tax and replaces it with the Weigh Station Improvement Revolving Fund; EMERGENCY.
General Remarks: Weigh Station legislative vehicle
Bill History: 04-26-12 H Set on the House Floor Agenda
04-26-12 H Laid out for consideration in the House
04-26-12 H Passed/Adopted (Vote: Y: 65/N: 17)
04-26-12 H Emergency failed (Vote: Y: 58/N: 20)
05-07-12 S Set on the Senate Floor Agenda

SB 1159 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1159>
- – – – – – -

Adelson
Sears
Adds Oklahoma Capital Formation Act where needed; Requires a list for all dollars obtained by sale of tax credits from investee companies and from venture funds be made available to the financial community; EMERGENCY.
Bill History: 04-23-12 H Reynolds debates against the adoption of the emergency
clause; Dank and Sears debate in favor of the emergency
clause adoption
04-23-12 H Emergency Passed (Vote: Y: 73/N: 16)
05-01-12 S Laid out for consideration in the Senate
05-01-12 S Senate refused to concur in House amendments
05-02-12 S Senate appointed a conference committee: GCCA

SB 1230 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1230>
- – – – – – -

Mazzei
Dank
Makes it unlawful for a person to willfully sell, purchase, install, transfer, sell, or possess any automated sales suppression device, zapper, or phantom-ware; directs the Tax Commission to revoke the sales tax permit if found guilty.
Bill History: 04-04-12 H Laid out for consideration in the House
04-04-12 H Passed/Adopted (Vote: Y: 90/N: 0)
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate refused to concur in House amendments
05-03-12 S Senate appointed a conference committee: GCCA

SB 1234 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1234>
- – – – – – -

Mazzei
Dank
Limits refunds relating to oil and gas exploration paid to all claimants annually to Fifty Million dollars; EMERGENCY.
Bill History: 04-25-12 H Passed/Adopted (Vote: Y: 68/N: 21)
04-25-12 H Emergency Passed
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate refused to concur in House amendments
05-03-12 S Senate appointed a conference committee: GCCA

SB 1235 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1235>
- – – – – – -

Mazzei
Dank
Modifies definitions and provides dismissal from OK Quality Jobs Program Act if second payment claim is not filed within two years of the most recent claim; EMERGENCY.
Bill History: 04-04-12 H Laid out for consideration in the House
04-04-12 H Passed/Adopted (Vote: Y: 92/N: 0)
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate refused to concur in House amendments
05-03-12 S Senate appointed a conference committee: GCCA

SB 1247 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1247>
- – – – – – -

Nichols
Hardin
Directs certain monies to be deposited into the Department of Public Safety Restricted Revolving Fund; changing purposes for which monies deposited into the Revolving Fund may be used; EMERGENCY.
Bill History: 04-04-12 H Voted from committee – Do Pass as amended House A&B
04-24-12 H Set on the House Floor Agenda
04-24-12 H Laid out for consideration in the House
04-24-12 H Passed/Adopted (Vote: Y: 89/N: 0)
04-24-12 H Emergency Passed

SB 1280 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1280>
- – – – – – -

Schulz
Steele
Establishes the "Oklahoma Hospital Residency Training Program Act"; sets definitions and purpose of the act; sets guidelines for boards, contracting, agencies involved, and their tasks; creates revolving fund; EMERGENCY.
General Remarks: Hospital Residency Program
Bill History: 04-10-12 H Voted from committee – Do Pass as amended House A&B
04-24-12 H Set on the House Floor Agenda
04-24-12 H Laid out for consideration in the House
04-24-12 H Passed/Adopted (Vote: Y: 88/N: 0)
04-24-12 H Emergency Passed

SB 1299 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1299>
- – – – – – -

Crain
Sherrer
Allows transfer-on-death deeds to be executed by attorneys-in-fact and guardians of minors or legally incompetent owners; requires certain documentation.
Bill History: 03-26-12 H Title restored
03-26-12 H Voted from committee – Do Pass as amended House Judiciary
04-03-12 H Set on the House Floor Agenda
04-03-12 H Laid out for consideration in the House
04-03-12 H Passed/Adopted (Vote: Y: 93/N: 0)

SB 1327 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1327>
- – – – – – -

Crain
Richardson
Directs the Oklahoma Water Resources Board to make legislative recommendations necessary to promote and implement methods to conserve future water demands; EMERGENCY.
Bill History: 04-26-12 H Emergency failed (Vote: Y: 54/N: 26)
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Schulz moves to reject House amendments; Ellis objects to
the motion; Ellis withdraws motion
05-02-12 S Senate refused to concur in House amendments
05-03-12 S Senate appointed a conference committee: Crain, Branan,
Marlatt, Schulz, Burrage, Paddack

SB 1328 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1328>
- – – – – – -

Crain
Richardson
Calls for an additional appropriation of $2,235,000.00 annually to the Oklahoma Water Resource board for the development and maintenance of a state-wide water quality and quantity monitoring program; EMERGENCY.
Bill History: 04-23-12 H Passed/Adopted (Vote: Y: 80/N: 12)
04-23-12 H Emergency Passed
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate refused to concur in House amendments
05-03-12 S Senate appointed a conference committee: Crain, Branan,
Marlatt, Schulz, Burrage, Paddack

SB 1336 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1336>
- – – – – – -

Branan
Shannon
Modifies date that administrators shall notify Tax Commission for below maintenance level requirements of the Petroleum Storage Tank Indemnity Fund to December 31,2022.EMERGENCY
General Remarks: Weigh Station legislative vehicle
Bill History: 04-26-12 H Passed/Adopted (Vote: Y: 91/N: 1)
04-26-12 H Emergency Passed
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate refused to concur in House amendments
05-03-12 S Senate appointed a conference committee: GCCA

SB 1434 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1434>
- – – – – – -

Bingman
Peters
Provides $1,350,000 of excise taxes related to oil and gas to be put in the oil and gas division revolving fund every fiscal year as of July 1, 2012; EMERGENCY.
Bill History: 04-24-12 H Passed/Adopted (Vote: Y: 85/N:
04-24-12 H Emergency Passed
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate refused to concur in House amendments
05-03-12 S Senate appointed a conference committee: GCCA

SB 1436 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1436>
- – – – – – -

Mazzei
Dank
Repeals sections of law related to franchise tax.
General Remarks: Eliminates Franchise Tax
Bill History: 04-25-12 H Laid out for consideration in the House
04-25-12 H Passed/Adopted (Vote: Y: 88/N: 2)
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate refused to concur in House amendments
05-03-12 S Senate appointed a conference committee: GCCA

SB 1464 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1464>
- – – – – – -

Bingman
McNiel
Adds definitions of certain areas to the Oklahoma Quality Jobs Program; EMERGENCY.
Bill History: 04-23-12 H Passed/Adopted (Vote: Y: 83/N: 9)
04-23-12 H Emergency Passed
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate refused to concur in House amendments
05-03-12 S Senate appointed a conference committee: GCCA

SB 1465 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1465>
- – – – – – -

Bingman
McNiel
Modifies requirements in the sales tax in regards to direct payment permits for tangible property stored in state temporarily for fabrication, repair, testing, alteration, maintenance or other services; EMERGENCY.
Bill History: 04-26-12 H Set on the House Floor Agenda
04-26-12 H Laid out for consideration in the House
04-26-12 H Passed/Adopted (Vote: Y: 92/N: 0)
04-26-12 H Emergency Passed
05-07-12 S Set on the Senate Floor Agenda

SB 1493 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1493>
- – – – – – -

Paddack
Thomsen
Adds section that sets maximum time period for initial and second reviews as pertaining to the OK Certified Real Estate Appraisers Act; EMERGENCY.
Bill History: 05-02-12 S Set on the Senate Floor Agenda
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate concurred in House amendments
05-02-12 S Passed/Adopted (Vote: Y: 42/N: 0)
05-03-12 G Sent to the Governor

SB 1537 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1537>
- – – – – – -

Paddack
Billy
Amends and specifies information that is contained on certain permits of motor vehicles, in terms of size, weight and load. Provides information in terms of enforcement by applicable agencies.
Bill History: 05-02-12 S Set on the Senate Floor Agenda
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate concurred in House amendments
05-02-12 S Passed/Adopted (Vote: Y: 42/N: 0)
05-03-12 G Sent to the Governor

SB 1588 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1588>
- – – – – – -

Barrington
Armes
Designates Roth IRA as eligible retirement plan and allows for nonspousal beneficiary; delineates annuity distributions, their value, and dates of distribution as well as the investment of assets in certain trusts; EMERGENCY.
Bill History: 04-23-12 S Senate refused to concur in House amendments
04-23-12 S Senate to name conferees later
05-01-12 H House appointed a conference committee: Conference Committee
on Insurance and Economic Development
05-02-12 S Senate appointed a conference committee: Barrington, Brown,
Anderson, Childers, Ballenger, Garrison
05-04-12 H Referred to House Committee on House Conf. Comm. on Insurance and Econ. Dev.

SB 1638 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1638>
- – – – – – -

Marlatt
Liebmann
Removes five year period in which nonconforming signs shall not be removed in regards to Dept. of Transportation; EMERGENCY.
Bill History: 04-03-12 H Voted from committee – Do Pass as substituted House Transportation
04-09-12 H Set on the House Floor Agenda
04-09-12 H Laid out for consideration in the House
04-09-12 H Passed/Adopted (Vote: Y: 62/N: 28)
04-09-12 H Emergency failed (Vote: Y: 49/N: 28)

SB 1774 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SB1774>
- – – – – – -

Laster
Denney
A private educational institution may charge convenience fee, which shall be limited to bank processing fees, transaction fees, portal fees and fees to compensate for increased bandwidth from an online transaction; EMERGENCY.
Bill History: 05-02-12 S Laid out for consideration in the Senate
05-02-12 S Newberry asks if bill allows a new fee; Laster explains bill
lets private institutions charge same fee as public
institutions
05-02-12 S Senate concurred in House amendments
05-02-12 S Passed/Adopted (Vote: Y: 25/N: 17)
05-03-12 G Sent to the Governor

SJR 52 <http://webserver1.lsb.state.ok.us/WebApplication2/WebForm1.aspx?bill=SJR52>
- – – – – – -

Mazzei
Dank
Sends to a vote of the people a measure exempting personal property from the ad valorem tax or any other tax in lieu of ad valorem.
General Remarks: Intangible Tax issue
Bill History: 04-25-12 H Laid out for consideration in the House
04-25-12 H Passed/Adopted (Vote: Y: 89/N: 0)
05-02-12 S Laid out for consideration in the Senate
05-02-12 S Senate refused to concur in House amendments
05-03-12 S Senate appointed a conference committee: GCCA


All Track
Total Bills: 57 0


- End of Report -

http://www.okaero.com/issues/2012/05/04/april-30-2012/ http://www.okaero.com/issues/2012/05/04/april-30-2012/#comments Fri, 04 May 2012 04:08:06 +0000 Mary http://www.okaero.com/?p=2537

Good Morning,

This past week the Oklahoma Legislature completed the process of House and Senate bills being heard in the opposite House of Origin. All bills not heard by the opposite House are now
dead for the legislative session. There are 172 House bills and 43 House Joint Resolutions, as well as 205 Senate bills and 4 Senate Joint Resolutions still alive for the remainder of this legislative session.

Bills that passed this final week now head to one of three places, depending upon whether their title is "on" or "stricken," and if the versions passed in each chamber are identical to each other.

1. Bills with their title "stricken"
head to a Conference Committee, where members will work to reach a compromise between House and Senate versions of the legislation.

2. Bills with their titles "on," but
where amendments were added in the final chamber, now head back to the opposite chamber for final consideration.

3. Finally, bills with their title
"on" that are identical to the version passed in the first chamber now head to Governor Fallin for her consideration.

A Conference Committee consists of assigned House and Senate members, who will continue to further collaborate on the final language of a bill. If an agreement is reached and a “Conference Committee
Report” adopted, the bill will then go back to the House and Senate in its final form for a final vote in each chamber, with no amendments allowed. If it passes both chambers, it then goes to the Governor for her consideration of signing into law.

Personal Income Tax Reduction

Only two proposals remain in the Legislature that cut personal income tax in Oklahoma. The Oklahoma House of Representatives didn’t take up three Senate income tax-cut bills. Please
note the title is OFF these two tax bills, as their ultimate fate will be determined during the budgeting process later in session.

HB 3061 calls for reducing the number of brackets in the personal income tax code from seven to three. It calls for couples making up to $30,000 a year to pay nothing in state income taxes. Those
making $30,000 to $70,000 a year would have a personal income tax rate of 2.25 percent. Families making more than $70,000 a year would see their rate drop from 5.25 percent to 3.5 percent. After the personal income tax cuts take effect in 2013, an additional
quarter percentage point in any year in which the state sees 5 percent revenue growth would cut income tax rates.

HB 3038, which proposed cutting the state's top personal income tax rate of 5.25 percent by 3 percentage points next year down to 2.25 percent, has been changed to reducing the tax rate by just 0.3
percentage points next year to 4.95 percent. It originally called for continuing to reduce the personal income tax rate by 0.25 percentage points each year until the tax was eliminated in 10 years; it now calls for additional reductions of 0.25 percentage
points only if the state has experienced 5 percent revenue growth in sales, use, motor vehicle and corporate income taxes.

Tax proposals not taken up by the House were:

· SB 1437, which would have reduced
the top personal income tax rate of 5.25 percent by half a percentage point to 4.75 — a quarter percentage point in 2013 and a quarter percentage point the following year. It also included a trigger to further reduce the rate to 4.5 percent if the state sees
revenue growth of 4 percent over and above fiscal year 2011 tax collections.

· SB 1623, which would have reduced
the top personal income tax rate to 4.75 percent over a two-year period, a quarter percentage point in 2013 and a quarter percentage point the following year. It would have reduced corporate income taxes from 6 percent to 5 percent next year.

· SB 1571, which would have reduced
the top personal income tax rate of 5.25 percent to 2.5 percent in tax year 2013. An additional quarter percentage point would have cut income tax rates in any year in which the state sees 2.5 percent revenue growth.

Other Tax Matters

Please note the title is OFF all the tax bills, as their ultimate fate will be determined during the budgeting process later in session.

Transferability of Tax Credits – HB 2621 by Rep. Dennis Johnson and Senator Mike Mazzei modifies provisions for transferability
of tax credits including wind turbines, railroad expenditures, and energy efficient residences. HB 2621 passed the Senate 40 to 4. The House refused to concur to Senate amendments and sent the measure to the GCCA.

Corporate Tax Credits – HB 2978 by Rep. David Dank and Senator Mike Mazzei, which
sets criteria for future corporate tax credits to be issued. Under the measure, all tax credits would require pre-approval by the Legislature; tax credits would be subject to full transparency and to regular auditing by the state auditor and inspector's office;
proposed tax credits would have to be accompanied by a fiscal impact statement detailing how it would affect the state budget; and all tax credits would be subject to caps and specific termination dates. HB 2978 passed the Senate 45 to 0.

Oil and Gas Exploration Funds – SB 1234 by Senator Mike Mazzei and Rep. David Dank limits
refunds relating to oil and gas exploration paid to all claimants annually to $50 million. SB 1234 passed the House 68 to 21.

Tangible Taxes – SB 1465 by Senator Brian Bingman and Rep. Skye McNiel modifies requirements in the sales tax in regards
to direct payment permits for tangible property stored in state temporarily for fabrication, repair, testing, alteration, maintenance, or other services. The committee substitute unanimously passed the full House.

Intangible Taxes – SJR52 by Senator Mike Mazzei and Senator David Dank unanimously
passed the House. It would let voters decide whether to keep intangible personal property from being taxed. The measure is a proposed state constitutional amendment eliminating property taxes on intangible property, which includes such things as client lists,
trademarks and copyrights. If voters turn down the amendment, Oklahoma businesses would face the largest tax increase in state history, said Rep. David Dank, R-Oklahoma City, the House author of SJR 52. The state Supreme Court in 2009 issued an opinion saying
companies should be assessed ad valorem tax on intangible property. SJR 52 passed 89-0 and now goes to a conference committee.

Property Taxes – HJR1001 by Rep. David Dank and Senator Mike Mazzei directs the Secretary of State to refer a proposed constitutional amendment to
a vote of the people. The constitutional amendment would allow people aged 65 and older, regardless of their income level, to qualify for a property tax benefit so long as they own and occupy the property. For the purposes of property taxes, beginning January
1, 2013 the fair cash value of the property would not increase above the value placed on the property in the year the owner turned 65 years old; any improvements made would be added to the assessed value. HJR1001 passed the Senate 43 to 3.

2012 Bond Talk

American Indian Cultural Center

The House budget chairman said this week that opposition remains high in the House to a proposed bond issue to pay to complete the
American Indian Cultural Center and Museum in Oklahoma City. The center announced Friday it has raised $40 million in private money to complete the center. Supporters of the center hope to finish construction and open the facility with $40 million in private
contributions matched by $40 million in state funding. “I do not believe it will pass on the House floor,” said Rep. Earl Sears, R-Bartlesville, chairman of the House Appropriations and Budget Committee. “The members may not even want to hear it. … I just
don't know if it will ever make it to the floor because of the will of the caucus.” The half-completed museum at the Interstate 40 and Interstate 35 junction has run out of funding. The state agency responsible for its completion has been trying to raise $80
million to complete the approximately $170 million project by 2014. Three senators opposed to a bond issue by the state to raise money for the center said earlier this month they wanted a state audit of the center along with moving it under the state Tourism
and Recreation Department as well as coming up with an updated plan for completion.

Transportation

Eight-year construction plan – House
Bill 2248, by Rep. T.W. Shannon and Sen Bryce Marlatt (Combined with SB 1643), would increase road funding in the coming fiscal year. Current law calls for an annual increase of $37.5
million in road funding. Shannon’s bill would increase that amount to $56.7 million, directing an additional $19.2 million to the Rebuilding Oklahoma Access and Driver Safety Fund. The bill directs that the fund continue receiving an additional $56.7 million
each year until the total increase equals $550 million. HB 2248 unanimously passed the full Senate.

Bridges

House Bill 2249, by Rep. Shannon and Senator Marlatt, (Combined
with SB 1642) would direct 16 percent of vehicle licensing fees and penalties to the County Improvements for Roads and Bridges (CIRB) Fund, and increases that amount to 20 percent by 2013. The CIRB program is currently funded with 15 percent
of the motor vehicle taxes and fees. House Bill 2249 would increase the estimated annual funding for the CIRB program from approximately $80 million to more than $105 million. Currently, 706 of nearly 6,800 bridges on the state highway system
are identified as structurally deficient. Of the 706 bridges, 413 are scheduled to be replaced in the next seven years, but 293 remain unfunded. Many of those bridges will be replaced if Shannon’s legislation becomes law. HB 2249 unanimously passed the
Senate.

Weigh Stations

Weigh Station Improvement Revolving Fund: HB 2391 by Rep. Guy Liebmann and Senator Brian Bingman provides
for the apportionment of funds from the collection of motor fuel taxes to the Weigh Station Improvement Revolving Fund. The apportionment to the fund shall be $500,000 per month until the fund balance totals $51,000,000. HB
2391 unanimously passed the Senate and has been appointed to the GCCA.

Higher Education Facilities Revolving fund – SB 1144 by
Senator Bingman and Rep. Guy Liebmann removes the Higher Education Facilities Revolving fund as a recipient of the motor fuel tax and replaces it with the Weigh Station Improvement Revolving. The measure redirects some fuel tax revenue now deposited into the
Higher Education Facilities Fund to a weigh station improvement fund handled by the Oklahoma Corporation Commission. The fund will receive $500,000 per month until it reaches $51 million, which will take more than eight years.

The first of nine stations planned opened on Friday. The Oklahoma Corporation Commission, Oklahoma Department of Public Safety
and Oklahoma Turnpike Authority held an open house at the new facility just south of the Kansas border along I-35. The Port of Entry weigh and inspection station, one of nine facilities planned statewide, will provide critical services while protecting the
state’s infrastructure and the safety of the traveling public.

Constructed by ODOT and paid for by the Corporation Commission, the Kay County weigh and inspection station is located one mile south of the Kansas border along southbound I-35 and was constructed
at a total cost of $11 million. Once fully operational, the facility will include technology designed to thoroughly inspect and weigh commercial trucks while still on the roadway in an effort to work with the trucking industry to verify trucks are following
all state and federal laws. Staff at the new station will also be able to electronically and instantly review permits, registration, fuel tax payments and other documentation.

Prior to the construction of the new weigh and inspection station, less than 10 percent of commercial vehicles operating on Oklahoma’s roads were inspected or weighed. The new stations will help protect
the traveling public in addition to preserving state and local infrastructures, such as city streets, turnpikes and county roads.

Oklahoma’s weigh and inspection stations are staffed by the OCC, DPS performs inspections and ODOT is responsible for providing and maintaining the facilities.

Oklahoma Corporation Commission personnel will staff the weight and document check functions of the Ports of Entry, ODOT will build and maintain the facilities, and DPS will handle the truck safety
inspection duties.

An identical inspection station, along I-40 in Beckham County has been under construction for nearly a year and is expected to be completed and opened later this summer.

The Oklahoma Turnpike Authority will provide funding for the facility on the Will Rogers Turnpike in Ottawa County. The remaining six inspection
stations will be located along

I-40 in Sequoyah County,

I-44 in Cotton and Ottawa Counties,

I-35 in Love County,

US-69/75 in Bryan County,

US-271 in Choctaw County

US-412 in Delaware County

Sunset for Petroleum Storage Tank Indemnity Fund:
Senate Bill 1336 by Senator Cliff Branan and Rep. T.W. Shannon modifies date that administrators shall notify Tax Commission for below maintenance level requirements of the Petroleum Storage Tank Indemnity
Fund to December 31, 2022. SB 1336 passed the House and the title and enacting clause are off and it is headed to a conference committee.

Size and Weight Requirements: House Bill 1952 by Rep. Skye McNiel and Senator Gary Stanislawski separates
and clarifies the duties of the Corporation Commission with regard to size and weight enforcement. The measure establishes that Corporation Commission employees are authorized to enforce size and weight requirements at stationary and permanent scale facilities. The
measure repeal 47 O.S. Section 172.1 relating to the qualifications for enforcement officers. HB 1952 restricts the Corporation Commission’s motor vehicle enforcement duties to permanent weigh stations. According to officials at the Commission, the fiscal
impact of the measure, as written, would be around $1 million in lost fines and penalties. The floor substitute of HB 1952 unanimously passed the Senate, the title was restored, and it now awaits House consideration.

Level Weighing: House Bill 2250 by Rep. T.W. Shannon and Senator Bryce Marlatt provides
that any officer weighing a vehicle for overweight determination by means of portable scales shall allow the driver of the vehicle to move the vehicle to the most level weighing area available within two (2) miles of the stop. HB 2250 unanimously passed
the Senate.

Banking

POD Benefits/Safe Deposit Box – HB 2787 by Rep. Charles Ortega and Senator Eddie Fields allows
a bank or credit union to transfer or release the contents of a rented safe deposit box to the known heirs of the deceased sole owner of the safe deposit box when no beneficiary or successor has been designated and when the contents of the box are less than
$20,000. HB 2787 passed the Senate 44 to 0 and has been appointed to the Conference Committee on Insurance and Economic Development.

Bad Faith – SB 1475 by Senator Rob Johnson and Rep. Fred Jordan creates
the Service Warranty Act and requires persons acting as a service warranty association to be licensed by the Insurance Commissioner. An insurer authorized to transact property or casualty insurance is authorized to transact a service warranty business without
additional licensure. The measure provides requirements for application of a license and allows for an annual renewal of the license upon payment of a $400 fee. The Commissioner is authorized to revoke or suspend a license if it is determined
that the association has violated any lawful rule or order of the Commissioner or provision of the Act and immediately suspends the license in other circumstances. The Governor has signed SB 1475 into law.

Economic Development

Oklahoma Capital Investment Board: Senate Bill 1159 by Senator Tom Adelson and Rep. Earl Sears would eliminate the Oklahoma Capital
Investment Board in 2020. SB 1159 passed the House 67-27 and now will go to a conference committee. The Oklahoma Capital Investment Board has the authority to sell up to $100 million in state tax credits so it can make investments in venture capital firms
and help banks make loans to small businesses. The board was created in the late 1980s to spur private venture capital investment in the state.

Public Health

Reducing Physician Shortages – HB 3058 and SB 1280

House Bill 3058 by Speaker Kris Steele and Senator Pro Tempore Brian Bingman passed
out of full Senate. The companion legislation, Senate Bill 1280 by Senator Mike Schulz and Speaker Kris Steele passed out of full House. The measures intend to increase access to medical care and include funding for residency slots in hospitals located in
rural and underserved areas. HB 3058 passed the Senate 45 to 0. SB 1280 passed the House 88 to 0. Both bills will now head to a conference committee and be combined.

Workers Compensation

HB 2155 by House Speaker Kris Steele and Senate Pro Tempore Brian Bingman creates
the Oklahoma Employee Injury Benefit Act or commonly referred to as Opt Out. The measure authorizes any employer to voluntarily elect to be exempt from the Workers’ Compensation Code and elect to become a qualified employer by satisfying several requirements.
The Insurance Commissioner will collect and maintain the qualified employer’s information, maintain compliance and may require the employer to confirm its qualified employer status. The Oklahoma
House defeated the measure 50 to 52 but Rep. Fred Jordan used a parliamentary procedure that allows him to bring the measure up for reconsideration. He has until
the end of the day on Monday, April 30^th.

HB 2258 by Rep. Ben Sherrer and Senator Sean Burrage requires
the Oklahoma Tax Commission, Department of Labor, Workers’ Compensation Court and Employment Security Commission to share information and coordinate investigative and enforcement efforts to detect employers who intentionally misclassify individuals as independent
contractors. Such agencies are authorized to create a secure database of information and to enter into contracts and interagency agreements. HB 2258 passed the Senate 41 to 0 and has been appointed to the GCCA.

HB 3074 by Rep. Joe Dorman and Senator Rob Johnson permits
hospitals to file liens against uninsured/underinsured motorist proceeds. When a patient is injured from an accident not covered by the Workers’ Compensation Code. The committee substitute for HB 3074 requires hospitals to have a lien, if the
injured person asserts a claim against an insurer, for the amount of service upon any monies payable by the insurer to the injured person. However, the lien will not be inferior to any lien or claim of any attorney for handling the claim on behalf of such
patient or heirs, provided that the lien will not be applied against any claim for amounts due under the Workers’ Compensation Code. The Governor has signed HB 3074 into law.

SB 1060 by Senator Bill Brown and Rep. Randy Grau requires
that insurers that suspect fraud notify the Workers' Compensation and Insurance Fraud Unit of the Office of the Attorney General; EMERGENCY. The bill passed the House 77 to 15 and has been
sent to the Governor.

SB 1246 by Senate Pro Tempore Brian Bingman and Rep. Fred Jordan requires
pending workers' compensation proceeding to be stayed until the final disposition of the criminal case in the event a claimant is charged with workers' compensation fraud. SB 1246 unanimously
passed the House.

SB 1520 by Senate Pro Tempore Brian
Bingman and Rep. Fred Jordan requires persons receiving disability benefits to file affidavit 12 months after receipt
of first benefit; requires Workers' Compensation Court to inform employees that they shall comply with requirements; updates statutory references. The House committee substitute passed the House 69 to 11.

Insurance

Group Insurance: Senate Bill 1621 by Senator Bill Brown and Rep. Glen Mulready allows
small employers to buy group insurance through an employer association, which can pool resources with similar businesses. The Governor signed the measure into law and takes effect November 1^st.

Exclusive Provider Benefit Plan – HB 2447 by Rep. Marty
Quinn and Senator Rick Brinkley creates an exclusive provider benefit plans (EPBPs) in certain exclusions for and requirements
of PPOs related to health care fraud prevention, the Health Care Freedom of Choice Act, the health insurance high risk pool, hospital and medical services utilization and customary and reasonable charges. The measure defines EPBPs as those in which an insurer
excludes benefits for some or all non-preferred provider services, except emergency care. The title has been restored to HB 2447 and it passed the Senate 32 to 13 and now head to the House
for their consideration.

DHS Legislation

HB 2736 by Rep. Ron Peters and Senator Rick Brinkley authorizes the Department of
Human Services (DHS) to provide information to a federally recognized Indian tribe that is relevant to any individual who has applied to become a foster care, adoptive or guardianship placement through the tribe. The measure requires DHS to contract
with private child-placing agencies for the recruitment, training and retention of foster care services. DHS will retain responsibility for child abuse and neglect investigations, referrals to law enforcement, participation in the court system,
case management and adoptions. The measure establishes a steering committee responsible for submitting to the Legislature an advisory plan for the outsourcing of recruitment, training and retention of foster care providers and to monitor the implementation
of the plan and make recommendations on the implementation of outsourcing statewide. HB 2736 passed the Senate 37 to 1 and has been recommended to the Conference Committee on Health and Human Services.

HB 3137 Rep. Jason Nelson and Senator Greg Treat authorizes
gives the Legislature statutory authority to oversee the Human
Services Commission if voters approve HJR 1092. Nelson said approval of the constitutional amendment would allow legislators to make adjustments without having to seek voter approval. HB
3137 passed the Senate 38 to 6.

House Joint Resolution 1092 Speaker Kris Steele and Senator Greg Treat authorizes
is a constitutional amendment asking voters in November to approve repealing the Commission for Public Welfare, which was approved by voters in 1936 to oversee DHS. The commission has nine members, each of who is appointed to a nine-year term. HJR1092 passed
the House 43 to 1.

Water

OWRB Infrastructure Credit Enhancement Reserve Fund – HJR 1085 – House
Joint Resolution 1085 by Rep. Richardson creates a state question for a constitutional amendment creating the OWRB Infrastructure Credit Enhancement Reserve Fund to issue bonds for water
resource and sewage treatment and financial assistance programs for Oklahoma’s political subdivisions. The fund would back up to $300 million in water projects across the state and would pay any loans where local governments defaulted. No failure of loans
has occurred during the past 30 years that the water board has loaned money for water projects. HJR 1085 passed the Senate 32 to 9.

Gray Water – HB 2835 - by Rep Scott Martin and Sen Bryce
Marlatt, would give homeowners more flexibility to reuse gray water — untreated household wastewater not from a toilet or a kitchen sink — on their property. The title has been restored to HB
2835 and it unanimously passed the Senate and will now head back to the House for their consideration of Senate amendments.

Community Water Infrastructure Development Fund – HB 2929
by Rep. Don Armes and Senator Bryce Marlatt requires the Oklahoma Water Resources Board to transfer fifty percent of the Community Water Infrastructure Development Fund monies to the Statewide Water Development Revolving Fund. The measure deletes the requirement
that a portion go to the Oklahoma Comprehensive Water Plan. HB 2929 unanimously passed the Senate.

“Water Infrastructure Financing Task Force” – SB
1325 by Senator Bryce Marlatt and Rep. Phil Richardson, which previously created the “Water Infrastructure Financing Task Force” to study recommendations from the Oklahoma
Comprehensive Water Plan. The new version’s language from HB 2915 creates the Groundwater Severance Restriction Act, prohibiting the permanent severing of groundwater from surface property
rights. SB 1325 failed to pass the House NO 54 to YES 35.

Regional Water Plans: Senate Bill 1327 by Senator Brian
Crain and Rep. Phil Richardson would establish nine water planning councils to develop regional water plans. It passed the House 77 to 10 and now goes to a conference committee.

Agriculture

Oklahoma Department of Agriculture, Food, and Forestry Oversight: House Bill 2264 by Rep. Doug Cox and Senator Kim David removes
from licensure of facilities using dogs and cats from animal shelters for scientific and educational activities from oversight of the State Board of Health and gives oversight to the Oklahoma Department of Agriculture, Food, and Forestry. The measure requires
that effective November 1, 2012; all records maintained by the State Board of Health must be transferred to the Oklahoma Department of Agriculture, Food, and Forestry. The Governor has signed HB 2264 into law.

Pesticide Application: House Bill 2715 by Rep. Mike Jackson and Senator Patrick Anderson allows
the State Board of Agriculture to suspend, cancel, revoke or refuse to issue a pesticide applicator license if a person negligently used methods or pesticides that are ineffective or improper or has operated in a negligent manner, thereby causing a pesticide
to drift off target. The Governor has signed HB 2715 into law.

Pet Breeders: Senate Bill 1919 by Senator Eddie Fields and Rep. Don Armes would
eliminate the Board of Commercial Pet Breeders and
transfer its duties to the state Agriculture, Food and Forestry Department. It passed the House 86-1 and now goes back to the Senate.

Public Safety

Criminal Justice: House Bill 3052 by Rep. Kris Steele and Senator Brian Bingman would
require supervised probation of all felons, allow violent offenders to start earning credits toward reducing their sentence after serving 85 percent of their sentence, encourage developing regional mental health centers and establish a grant to increase crime-fighting
activities by local law officers. The legislation was developed through the Justice Reinvestment Initiative. That involves a data-driven review of the state’s criminal justice system
designed to improve public safety by reinvesting resources in programs proven to reduce crime and control prison growth, according to House Speaker Steele. HB 3052 passed the Senate
39 to 5. The legislation now returns to the House for consideration of Senate amendments.

Energy and Natural Resources

Landowners’ Bill of Rights – HB 1562 by Rep. Fred Jordan,
R-Jenks, and Senator Greg Treat, R-Oklahoma City, directs the Attorney General to prepare a “Landowner’s Bill of Rights” for a property owner whose property may be acquired by eminent
domain. The Landowner Bill of Rights will include relevant information and procedures regarding a property owner’s rights in an eminent domain action, written in plain language, and made available to the public. The measure provides that failure to comply
with the statutory duties and requirements relating to eminent domain and condemnation procedures and policies will invalidate the acquisition of the property and provides for a cause of action for such failure to comply. HB 1562 passed the Senate 32 to
13 and has been sent to the Governor.

Oklahoma Energy Initiative – SB 1627 by Senator Bingman and
Rep. Ron Peters creates the Oklahoma Energy Initiative designed to advance new research and development efforts relating to energy. SB 1627 passed the House 69 to 23.

Education

AP Courses – House Bill 2494 by Rep. Lee Denney and Senator James Halligan specifies
that participation and scores in Advanced Placement courses whether taught at a high school, technology center or regional site of the Oklahoma School of Science and Mathematics will be used to help determine the letter grade a school will receive through
the state’s letter grades for schools system. It also specifies that technology center courses granted college alliance credit and science, technology, engineering and mathematics courses taken at regional sites of the Oklahoma School of Science and Mathematics
also would be used to determine letter grades for schools. The percentage of eligible students pursuing career majors at technology centers and the percentage of all eligible students earning a score of four or higher on any WorkKey assessment developed by
ACT also will help determine a school’s grade. HB 2494 unanimously passed the Senate and has been referred to the Conference Committee on Education.

Teacher bonus bill - An effort to require the state to
pay the $5,000 stipends for public school teachers attaining National Board Certification for the upcoming fiscal year and for the next 10 years is in jeopardy after Rep.
Ann Coody withdrew her measure Thursday, the deadline for Senate-originated bills to get a hearing in the House. The action by Rep Coody, doomed Senate Bill 1879. She said after
Thursday's session she didn't know whether she could find another bill that could be used to advance her proposal. SB 1879 would have replaced a section of state law that says the bonus payments will be made only if the funds are available. Legislators in
2010 placed a moratorium on teachers getting National Board Certification. Coody withdrew SB 1879 from consideration after she failed to get her bill changed that would have eliminated the bonus for teachers not already in the program.

Virtual School Sponsoring Commission – SB 1816 by Senator
Gary Stanislawski and Rep. Sally Kern creates the Virtual School Sponsoring Commission, which will have the authority to sponsor a full-time, statewide virtual school. The commission must
also provide oversight of approved virtual education providers and report by November 1 each year to the governor, president pro tempore of the Senate and speaker of the House of Representatives the performance of students enrolled with the providers, enrollment
numbers and expenditures. Providers of full-time virtual education will receive the state aid allocation and any other state appropriated funds minus up to 5 percent. Starting July 1, 2014, no school district can offer full-time virtual education to students
who do not live in the district unless the district receives approval from the commission. SB 1816 passed the House 51 to 31.

Oklahoma Bridge to Literacy Program – House Bill 2676 by Rep.
Jabar Shumate and Senator Judy Eason McIntyre directs the Oklahoma State Board of Education to establish the Oklahoma Bridge to Literacy Program to improve reading skills of children through the fourth grade. The State Department of Education must issue a
request for proposals by October 1, 2012, and each October 1 after that, seeking applications for the program. Eligible applicants include nonprofit organizations; community-based programs, centers, organizations or services; and churches or religious organizations.
Programs must establish reading programs for children through the fourth grade and may be offered before school, after school, on Saturdays or during summer months. The programs must focus on enabling children to read at the appropriate level and provide assessments
and measure of reading skills to determine success. The state board must award grants by February 1 each year. The department also must provide reading instruction training, resource materials on reading instruction and remediation and other assistance. The
board must provide for independent evaluations of programs and report to the governor, speaker of the House and pro tempore of the Senate each year. HB 2676 unanimously passed the Senate.

2012 Legislative and Election Calendar and Deadlines

May 2012

May 3 – HOUSE – Deadline to reject Senate amendments and request conference

May 25 – HOUSE & SENATE – Sine Die Adjournment, no later than 5:00 p.m.

June 2012

June 26 – Primary Election

Thank you and have a great week!

Jami

SPIRITBANK AERO BILL TRACKING REPORT 4/30/12

04-30-2012 – 07:17:10

---

HB 2978 - - - - - - -

Dank Mazzei

Requires tax credits to identify recipients, create jobs, and limits number of credits allowed to be claimed by one entity.

General Remarks:

Tax credit vehicle

Bill History:

04-03-12 S Enacting clause struck in committee Senate Finance 04-03-12 S Voted from committee – Do Pass as substituted Senate Finance 04-23-12 S Set on the Senate Floor Agenda 04-23-12 S Laid out for consideration in the Senate 04-23-12 S Passed/Adopted (Vote: Y: 45/N: 0)

SB 1159 - - - - - - -

Adelson Sears

Adds Oklahoma Capital Formation Act where needed; Requires a list for all dollars obtained by sale of tax credits from investee companies and from venture funds be made available to the financial community; EMERGENCY.

Bill History:

04-23-12 H Tabling motion prevails 46-28 04-23-12 H Reynolds debates in opposition to the measure; Dank and Sears debate in favor of the measure 04-23-12 H Passed/Adopted (Vote: Y: 67/N: 27) 04-23-12 H Reynolds debates against the adoption of the emergency clause; Dank and Sears debate in favor of the emergency clause adoption 04-23-12 H Emergency Passed (Vote: Y: 73/N: 16)

SB 1230 - - - - - - -

Mazzei Dank

Makes it unlawful for a person to willfully sell, purchase, install, transfer, sell, or possess any automated sales suppression device, zapper, or phantom-ware; directs the Tax Commission to revoke the sales tax permit if found guilty.

Bill History:

03-28-12 H Enacting clause struck in committee House A&B 03-28-12 H Voted from committee – Do Pass as amended House A&B 04-04-12 H Set on the House Floor Agenda 04-04-12 H Laid out for consideration in the House 04-04-12 H Passed/Adopted (Vote: Y: 90/N: 0)

SB 1235 - - - - - - -

Mazzei Dank

Modifies definitions and provides dismissal from OK Quality Jobs Program Act if second payment claim is not filed within two years of the most recent claim; EMERGENCY.

Bill History:

03-28-12 H Enacting clause struck in committee House A&B 03-28-12 H Voted from committee – Do Pass as amended House A&B 04-04-12 H Set on the House Floor Agenda 04-04-12 H Laid out for consideration in the House 04-04-12 H Passed/Adopted (Vote: Y: 92/N: 0)

SB 1436 - - - - - - -

Mazzei Dank

Repeals sections of law related to franchise tax.

General Remarks:

Eliminates Franchise Tax

Bill History:

04-04-12 H Enacting clause struck in committee House A&B 04-04-12 H Voted from committee – Do Pass House A&B 04-25-12 H Set on the House Floor Agenda 04-25-12 H Laid out for consideration in the House 04-25-12 H Passed/Adopted (Vote: Y: 88/N: 2)

SB 1464 - - - - - - -

Bingman McNiel

Adds definitions of certain areas to the Oklahoma Quality Jobs Program; EMERGENCY.

Bill History:

04-23-12 H Laid out for consideration in the House 04-23-12 H Floor amendment offered by Jackson 04-23-12 H The amendment is laid over 04-23-12 H Passed/Adopted (Vote: Y: 83/N: 9) 04-23-12 H Emergency Passed

SB 1465 - - - - - - -

Bingman McNiel

Modifies requirements in the sales tax in regards to direct payment permits for tangible property stored in state temporarily for fabrication, repair, testing, alteration, maintenance or other services; EMERGENCY.

Bill History:

04-10-12 H Voted from committee – Do Pass as substituted House A&B 04-26-12 H Set on the House Floor Agenda 04-26-12 H Laid out for consideration in the House 04-26-12 H Passed/Adopted (Vote: Y: 92/N: 0) 04-26-12 H Emergency Passed

SJR 52 - - - - - - -

Mazzei Dank

Sends to a vote of the people a measure exempting personal property from the ad valorem tax or any other tax in lieu of ad valorem.

General Remarks:

Intangible Tax issue

Bill History:

03-28-12 H Meeting set for 10:30 a.m., Room 412C, State Capitol, House Rules 03-28-12 H Voted from committee – Do Pass as amended House Rules 04-25-12 H Set on the House Floor Agenda 04-25-12 H Laid out for consideration in the House 04-25-12 H Passed/Adopted (Vote: Y: 89/N: 0)

All Track Total Bills: 8 0

- End of Report -

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http://www.okaero.com/issues/2012/04/27/april-23-2012/ http://www.okaero.com/issues/2012/04/27/april-23-2012/#comments Fri, 27 Apr 2012 02:59:16 +0000 Mary http://www.okaero.com/?p=2474

Good Morning,

This past week House and Senate bills continued being heard in the opposite chamber. Thursday, April 26, is the deadline for bills to be considered in the opposite house. Those bills not being heard
on the respective floors will be dead for this legislative session.

Speaker Kris Steele said early adjournment isn't likely with lawmakers still having to tackle developing a state budget and agreeing on cutting
the personal income tax next year.

Appropriations Process

Each session the appropriations committees of the Senate and the House of Representatives review the agencies’ requests for funding, which were submitted to the Office of State Finance and the
Legislature prior to September. Governor Fallin’s recommendations were proposed on the first day of session. The appropriations committees of each house work in subcommittees separated by issue areas.

Generally toward the end of session the Legislature will approve a General Appropriations (GA) Bill to provide base budgets of all agencies. At this point, the Legislature refines its priorities
to reflect the limited monies available.

GCCA

The General Conference Committee on Appropriations, or GCCA makes final spending decisions by the Legislature. GCCA is structured much like the standing appropriations committees of each house,
with subcommittees responsible for a group of agencies that perform similar functions. A key distinction of the GCCA is that its membership consists of House and Senate members. The two houses negotiate spending priorities and produce a unified budget together.

The first step of the GCCA consists of the House and Senate leadership agreeing on how much of the total budget is allocated to the GCCA subcommittees. This agreement is known as subcommittee
allocations. Once these allocation amounts are set, the subcommittees negotiate on the funding needs identified by the agencies within each subcommittee.

The Oklahoma Constitution mandates that each fiscal year’s budget be balanced. As a safeguard against revenue shortfalls, the Oklahoma Constitution states that appropriations cannot exceed 95%
of projected revenues.

Bond Talk in 2012

There are several bond proposals that are being discussed in the final weeks of the legislative session. It appears there is no agreement on the proposals listed below, but wanted you to be aware what is being
discussed.

OK Pop Museum

Legislative leaders are also discussing a $42.5 million bond issue to fund a state Museum of Music and Popular Culture in Tulsa’s Brady District. The museum, which has been given the nickname "OK Pop," will be
a 67,000-square-foot facility celebrating the music and pop culture contributions of the area to the nation.

Native American Indian Cultural Center

The Native American Cultural and Educational Authority is seeking an additional $40 million in state bond funds from lawmakers to complete the American Indian Cultural Center and Museum in Oklahoma City. The project
has secured $40 million in matching donations from tribes, private industry and the city of Oklahoma City. If the state does not provide the $40 million, the $40 million in matching dollars will be returned to the donors. Construction on the museum began in
2005. The $170 million project is located at the intersection of Interstate 35 and Interstate 40 in OKC.

Capitol Repair Bond

Lawmakers are being encouraged to support a $160 million bond issue to repair and restore Oklahoma's crumbling
state Capitol. Actual repair and restoration work is estimated to cost $100 million. The other $60 million would be for relocation of offices and other costs. If lawmakers propose a bond issue, they would
have to agree to set aside enough money to make debt payments for the upcoming fiscal year with the understanding that the annual obligation would be around for the next 20 to 30 years.

Below are updates on bills that action occurred this past week or bills that action is scheduled this week.

Personal Income Tax Reduction

Please note the title is OFF all the tax bills, as their ultimate fate will be determined during the budgeting process
later in session.

Governor Fallin’s Plan: Income Tax Brackets – HB 3061 by
Speaker Kris Steele, R-Shawnee, and Senate Pro Tempore Brian Bingman, R-Sapulpa, calls for reducing the number of brackets in the personal income tax code from seven to three. HB 3061
is set on the Senate floor agenda to be heard this week.

Personal Income Tax Phase Out – HB 3038 by Rep. Leslie Osborn, R-Mustang, and
Senator Clark Jolley, R-Edmond, also referred to as the OCPA/Laffer Plan, would reduce the state's top income tax rate to 4.95 percent from 5.25 percent. Additional
reductions of 0.25 percentage points would be made if the state experienced 5 percent revenue growth in sales, use, motor vehicle and corporate income taxes. The floor substitute for HB 3038 passed the Senate 31 to 15, and now returns to the House and then
will go to a conference committee.

Other Tax Matters

Please note the title is OFF all the tax bills, as their ultimate fate will be determined during the budgeting process
later in session.

Transferability of Tax Credits – HB 2621 by Rep. Dennis Johnson and Senator Mike Mazzei modifies
provisions for transferability of tax credits including wind turbines, railroad expenditures, and energy efficient residences. HB 2621 set on the Senate floor agenda for Monday, April 23.

Corporate Tax Credits – HB 2978 by Rep. David Dank and Senator Mike Mazzei, which
sets criteria for future corporate tax credits to be issued. Under the measure, all tax credits would require pre-approval by the Legislature; tax credits would be subject to full transparency and to regular auditing by the state auditor and inspector's office;
proposed tax credits would have to be accompanied by a fiscal impact statement detailing how it would affect the state budget; and all tax credits would be subject to caps and specific termination dates. HB 2978 set on the Senate floor agenda for Monday,
April 23.

Oklahoma Development Finance – SB 747 by Senator Rick Brinkley and Rep. Skye McNiel raises
the amount the Oklahoma Development Finance can issue to $200 million for the Economic Development Pool. SB 747 failed to pass the House by a vote of 49 to 39 and is now dead for this session.

Oklahoma Capital Investment Act Tax Credits: The Committee substitute for SB1159 by Senator Tom Adelson and Rep. Earl Sears restores
the amount of tax credits that are issued or transferred under the Oklahoma Capital Investment Act to $100,000,000. The proposed committee substitute further provides that tax credits may be exercised after July 1, 2020 provided the tax credits
were purchased or agreed to be purchased pursuant to an agreement originally entered into no later than December 31, 1995.

Further after the effective date of the act neither the Oklahoma Capital Investment Board nor any entity which is a subsidiary or affiliate
of the Board nor any entity which is controlled either directly or indirectly by the Board or which acts under the authority of or pursuant to the direction of the Oklahoma Capital Investment Board shall enter into or modify any contract authorizing or requiring
the investment of any funds in a general partnership, limited partnership, corporation, limited liability company, private equity or hedge fund or any other lawfully recognized business entity.

The act also requires that within thirty (30) days after the Oklahoma Capital Investment Board or any subsidiary or affiliate of the board
has made payment of any remaining expense or obligation created by the Board or by the subsidiary or affiliate, pursuant to the terms of any promissory note, loan agreement, guaranty agreement, investment agreement or other contract or agreement, any remaining
monies paid to either the Oklahoma capital Investment Board or any subsidiary or affiliate of the Board pursuant to the terms of an agreement or contract entered into prior to the effective date of this act shall be paid by the Board or by its subsidiary or
affiliate to the General Revenue Fund of the State Treasury.

The act further provides that none of the provisions of the act shall alter, amend, modify, affect, diminish or impair the enforceability
of, or any obligation or liability of the Oklahoma Capital Investment Board or any entity which is a subsidiary or affiliate of the Oklahoma Capital Investment board or any entity which is controlled either directly or indirectly by the Oklahoma Capital Investment
Board under any contract, agreement, guarantee or instrument entered into or delivered by such party with any business entity or bank, financial institution or any other entity existing as of the effective date of this act, including, without limitation, any
guarantee extended by the Oklahoma Capital Investment Board and any assignment of any third party commitments to purchase, and proceeds released from the sale of tax credits, all of which shall remain in full force and effect. SB
1159 is set on the House agenda for Monday, April 23.

Transportation

Size and Weight Requirements: House Bill 1952 by Rep. Skye McNiel and Senator Gary Stanislawski separates
and clarifies the duties of the Corporation Commission with regard to size and weight enforcement. The measure establishes that Corporation Commission employees are authorized to enforce size and weight requirements at stationary and permanent
scale facilities. The measure repeal 47 O.S. Section 172.1 relating to the qualifications for enforcement officers. HB 1952 restricts the Corporation Commission’s motor vehicle enforcement duties to permanent weigh stations. According
to officials at the Commission, the fiscal impact of the measure, as written, would be around $1 million in lost fines and penalties. HB 1952 is set on the Senate agenda for Monday, April 23.

Level Weighing: House Bill 2250 by Rep. T.W. Shannon and Senator Bryce Marlatt provides that any officer weighing a vehicle
for overweight determination by means of portable scales shall allow the driver of the vehicle to move the vehicle to the most level weighing area available within two (2) miles of the stop.
HB 2250 is set on the Senate agenda for Monday, April 23.

The other transportation bills awaiting a hearing on the Senate and House floors this week include:

HB 2248 – ROADs funding bill

HB 2249 – County Bridge bill

SB 1256 – ROADs funding bill

SB 1642 – County Bridge bill

SB 1643 – ROADs funding bill

HB 2390 – Weigh Station bill

HB 2391 – Weigh Station bill

SB 1144 – Weigh station bill

SB 1336 – LUST fund sunset

Banking

Bad Faith – SB 1475 by Senator Rob Johnson and Rep. Fred Jordan creates
the Service Warranty Act and requires persons acting as a service warranty association to be licensed by the Insurance Commissioner. An insurer authorized to transact property or casualty insurance is authorized to transact a service warranty business without
additional licensure. The measure provides requirements for application of a license and allows for an annual renewal of the license upon payment of a $400 fee. The Commissioner is authorized to revoke or suspend a license if it is determined
that the association has violated any lawful rule or order of the Commissioner or provision of the Act and immediately suspend the license in other circumstances. SB 1475 passed the House 83 to 2 and has been sent the Governor.

Insurance

House Bill 1968 by Rep. Glen Mulready and Senator Mike Brown makes it unfair claim settlement practice for any insurer, among other prohibited actions,
to decline to accept an application for life insurance, terminate a policy of life insurance, or charge different rates, in certain circumstances, based upon the lawful travel destination of the insured claimants. HB 1968 passed the Senate 43 to 1 and has
been sent to the Governor.

Agriculture

Oklahoma Department of Agriculture, Food, and Forestry Oversight: House Bill 2264 by Rep. Doug Cox and Senator Kim David removes from licensure of
facilities using dogs and cats from animal shelters for scientific and educational activities from oversight of the State Board of Health and gives oversight to the Oklahoma Department of Agriculture, Food, and Forestry. The measure requires that effective
November 1, 2012; all records maintained by the State Board of Health must be transferred to the Oklahoma Department of Agriculture, Food, and Forestry. HB 2264 unanimously passed the Senate and is headed to the Governor’s desk.

Pesticide Application: House Bill 2715 by Rep. Mike Jackson and Senator Patrick Anderson allows the State Board of Agriculture to suspend, cancel,
revoke or refuse to issue a pesticide applicator license if a person negligently used methods or pesticides that are ineffective or improper or has operated in a negligent manner, thereby causing a pesticide to drift off target. HB 2715 passed the Senate
42 to 3 and now heads to the Governor’s desk.

Judas Pig Tagging System: Senate Bill 1751 by Senator Josh Brecheen and Rep. Don Armes calls for fitting
one feral hog with a radio collar and releasing the animal back into the wild. The Judas pig would help lead hunters to the rest of the herd. The bill has been signed into law by Governor Fallin and will go into effective Nov. 1, 2012.

Public Health

House Bill 2941 by Rep. David Derby and Senator Rick Brinkley would
limit daily purchases of pseudoephedrine to 3.6 grams. Pseudoephedrine is a common ingredient in cold and allergy medicines. The measure would limit monthly purchases to 7.2 grams from 9 grams and reduce the amount allowable in a year to 60 grams from 108
grams. The measure also would set up a system so that purchases across state lines could be tracked and Oklahoma would join a system used in 21 other states. The
system would also integrate the meth offender registry, so pharmacies would be able to block the sale of the drug immediately to any felon on the registry. The state's current tracking system is not integrated with the meth registry, which lists offenders
who can't legally purchase the drug. HB 2941 passed the Senate 46 to 1 and now goes back to the House to consider Senate amendments.

The other health bills awaiting a hearing on the Senate and House floors this week include:

HB 3058 – Hospital Residency bill

SB 1280 – Hospital Residency bill

DHS Legislation

House Bill 2251 Rep. Pam Peterson and Senator Kim David requires an investigation to be conducted when the Department of Human Services identifies
a drug-endangered child. HB 2251 has been signed by the Governor and takes effect Nov. 1.

HB 2736 by Rep. Ron Peters and Senator Rick Brinkley authorizes the Department of Human Services (DHS) to provide information
to a federally recognized Indian tribe that is relevant to any individual who has applied to become a foster care, adoptive or guardianship placement through the tribe. The measure requires DHS to contract with private child-placing agencies
for the recruitment, training and retention of foster care services. DHS will retain responsibility for child abuse and neglect investigations, referrals to law enforcement, participation in the court system, case management and adoptions. The
measure establishes a steering committee responsible for submitting to the Legislature an advisory plan for the outsourcing of recruitment, training and retention of foster care providers and to monitor the implementation of the plan and make recommendations
on the implementation of outsourcing statewide. HB 2736 passed the Senate 37 to 1.

HB 3133 by Rep. Jason Nelson and Senator Greg Treat authorizes
the Oklahoma Commission on Children and Youth to employ administrative law judges to preside over DHS cases that are child-welfare and foster-care related. The measure also transfers relevant administrative law judges from DHS to the Commission on Children
and Youth to avoid a conflict of interest in having DHS judges preside over agency cases. HB 3133 passed the Senate 43 to 0.

HB 3134 by Rep. Jason Nelson and Senator
Greg Treat authorizes modifies the organizational structure of DHS so that administrators responsible for the development of policies will also be responsible and accountable to ensure procedures are being followed correctly. HB 3134 unanimously passed
the Senate.

HB 3135 by Rep. Jason Nelson and
Senator Greg Treat authorizes provides that DHS is not prohibited from disclosing information concerning alleged child abuse or neglect, already made public by a law enforcement agency, when the disclosure is limited to confirmation of the child's safety
and whether the child has been taken into custody. HB 3135 unanimously passed the full Senate.

HB 3136 by Rep. Jason Nelson and Senator Greg Treat authorizes directs DHS to develop a certification process for child
welfare workers. HB 3136 unanimously passed the full Senate.

HB 3137 Rep. Jason Nelson and Senator Greg Treat authorizes
gives the Legislature statutory authority to oversee the Human
Services Commission if voters approve HJR 1092. Nelson said approval of the constitutional amendment would allow legislators to make adjustments without having to seek voter approval. HB
3137 is set on the Senate floor agenda for Monday, April 23.

House Joint Resolution 1092 Speaker Kris Steele and Senator Greg Treat authorizes is a constitutional amendment asking
voters in November to approve repealing the Commission for Public Welfare, which was approved by voters in 1936 to oversee DHS. The commission has nine members, each of who is appointed to a nine-year term. HJR1092 is set on the Senate floor agenda for
Monday, April 23.

Workers’ Compensation

HB 2155 by House Speaker Kris Steele and Senate Pro Tempore Brian Bingman creates
the Oklahoma Employee Injury Benefit Act. The measure authorizes any employer to voluntarily elect to be exempt from the Workers’ Compensation Code and elect to become a qualified employer by satisfying several requirements. The Insurance Commissioner will
collect and maintain the qualified employer’s information, maintain compliance and may require the employer to confirm its qualified employer status. House Bill 2155 passed by a vote of 28-17 and returns
to the House for their consideration of Senate amendments.

HB 2258 by Rep. Ben Sherrer and Senator Sean Burrage requires
the Oklahoma Tax Commission, Department of Labor, Workers’ Compensation Court and Employment Security Commission to share information and coordinate investigative and enforcement efforts to detect employers who intentionally misclassify individuals as independent
contractors. Such agencies are authorized to create a secure database of information and to enter into contracts and interagency agreements. HB 2258 is scheduled to be heard on the Senate floor on Monday, April 23.

HB 3074 by Rep. Joe Dorman and Senator Rob Johnson permits
hospitals to file liens against uninsured/underinsured motorist proceeds. When a patient is injured from an accident not covered by the Workers’ Compensation Code, the committee substitute for HB 3074 requires hospitals to have a lien, if the injured person
asserts a claim against an insurer, for the amount of service upon any monies payable by the insurer to the injured person. However, the lien will not be inferior to any lien or claim of any attorney for handling the claim on behalf of such patient or heirs,
provided that the lien will not be applied against any claim for amounts due under the Workers’ Compensation Code. The passed the Senate 38 to 2 and has been sent to the Governor.

SB 1246 by Senate Pro Tempore Brian Bingman and Rep. Fred Jordan requires
pending workers' compensation proceeding to be stayed until the final disposition of the criminal case in the event a claimant is charged with workers' compensation fraud. The bill is scheduled
to be heard on the House floor on Monday, April 23.

SB 1520 by Senate Pro Tempore Brian Bingman
and Rep. Fred Jordan requires persons receiving disability benefits to file affidavit 12 months after receipt of first
benefit; requires Workers' Compensation Court to inform employees that they shall comply with requirements; updates statutory references. A committee substitute was approved by the House Judiciary Committee (9 to 5) that adds language
from a House bill that died in the Senate that would change language about the type of MRIs in workers' compensation. SB 1520 is scheduled to be heard on the House floor on Monday, April 23.

Energy & Natural Resources

Landowners’ Bill of Rights – HB 1562 by
Rep. Fred Jordan, R-Jenks, and Senator Greg Treat, R-Oklahoma City, directs the Attorney General to prepare a “Landowner’s Bill of Rights” for a property owner whose property may be acquired
by eminent domain. The Landowner Bill of Rights will include relevant information and procedures regarding a property owner’s rights in an eminent domain action, written in plain language, and made available to the public. The measure provides that failure
to comply with the statutory duties and requirements relating to eminent domain and condemnation procedures and policies will invalidate the acquisition of the property and provides for a cause of action for such failure to comply. HB 1562 is set on the
Senate agenda for Monday, April 23.

Water

Gray Water – HB 2835 – Also passing the House was House Bill 2835 by Rep Scott Martin and Sen Bryce Marlatt, which would
give homeowners more flexibility to reuse gray water — untreated household wastewater not from a toilet or a kitchen sink — on their property. HB 2835 is
set on the Senate agenda for Monday, April 23.

Community Water Infrastructure Development Fund – HB 2929 by Rep. Don Armes and Senator Bryce Marlatt requires the Oklahoma
Water Resources Board to transfer fifty percent of the Community Water Infrastructure Development Fund monies to the Statewide Water Development Revolving Fund. The measure deletes the requirement that a portion go to the Oklahoma Comprehensive Water Plan. HB
2929 is set on the Senate agenda for Monday, April 23.

Water for 2060 Act – HB 3055 by Speaker Kris Steele and Senator Eddie Fields creates the Water for 2060 Act and the
15-member Water for 2060 Advisory Council to recommend more efficient practices related to water and to expand education programs for consumer water-use habits. It also adds projects that promote efficiency, recycling and reuse of water to the list of possible
pilot projects funded by the program. HB 3055 failed to pass the Senate by a 23 to 18 vote. Senator Fields held the motions to reconsider. HB 3055 passed the Senate 32 to 10.

Temporary Groundwater Permit - Senate Bill 1043 by Senator Marlatt and Rep. Scott Martin provides August 29,2003 as the effective
date for moratorium on issuance of any temporary permit to municipal use of groundwater from a sensitive sole source groundwater basin or any overlaying sub basin. SB 1043 has been signed into law by the Governor.

OWRB Appropriation: The committee substitute to SB 1328 by Senator Brian Crain and Rep. Phil Richardson makes it the intent of the Legislature to appropriate an additional annual appropriation to the Oklahoma
Water Resources Board for a permanent statewide water quality and quantity monitoring program and a nonpoint source water quality monitoring program maintained by the Oklahoma Conservation Commission to assess resources over the next 50 years. SB 1328 is set
on the floor agenda for Monday, April 23.

GRDA Transmission Participation: The committee substitute to SB 1506 by Senator Eddie Fields and Rep. Weldon Watson authorizes the Grand River Dam
Authority (GRDA) to participate in the Southwest Power Pool Integrated Marketplace or other programs established by a regional transmission organization of which it is a member. It also authorizes the GRDA to engage in the buying and selling of electricity
products, fuel commodities and financial instruments and specifically excludes any expansion of retail activities of the district. The measure directs the board of directors to adopt a hedging policy to enable the district to take advantage of standard market
products to reduce risk while preventing speculative trading and potential abuses. SB 1506 passed the House 77 to 7.

Education

GPA Requirement – House Bill 2244 by Rep.
Lee Denney unanimously passed the Senate Education Committee. HB 2244 changes the grade point average requirement for alternative placement teaching certificates from cumulative to retention. HB 2244 has been signed into law by the Governor.

AP Courses – House Bill 2494 by Rep. Lee Denney and Senator James Halligan specifies
that participation and scores in Advanced Placement courses whether taught at a high school, technology center or regional site of the Oklahoma School of Science and Mathematics will be used to help determine the letter grade a school will receive through
the state’s letter grades for schools system. It also specifies that technology center courses granted college alliance credit and science, technology, engineering and mathematics courses taken at regional sites of the Oklahoma School of Science and Mathematics
also would be used to determine letter grades for schools. The percentage of eligible students pursuing career majors at technology centers and the percentage of all eligible students earning a score of four or higher on any WorkKey assessment developed by
ACT also will help determine a school’s grade. HB 2494 unanimously passed the Senate.

Student Appeal -The latest House Bill 2970 by
Representative Todd Thomsen and Senator Josh Brecheen requires the State Board of Education to establish an appeal process for students who have been denied a standard diploma by a school
district for graduation requirements. A student who has been denied a standard diploma has 30 days after the denial to file a petition for an appeal to the Board. The Board has 45 days to take action on the petition. HB
2970 has been signed into law by the Governor.

2012 Legislative and Election Calendar and Deadlines

April 2012

April 26 – HOUSE & SENATE – Final Legislative Day for Third Reading and Final Passage of a Measure in Opposite House of Origin

May 2012

May 25 – HOUSE & SENATE – Sine Die Adjournment, no later than 5:00 p.m.

June 2012

June 26 – Primary Election

Thank you and have a great week!

Jami

SPIRITBANK AERO BILL TRACKING REPORT 4/23/12
04-23-2012 – 07:53:39

---

HB 2431 - - - - - - -

Roan Barrington

Clarifies language regarding the OSBI's ownership and operation of an aircraft on project or mission basis.

Bill History:

04-19-12 S Set on the Senate Floor Agenda 04-19-12 S Laid out for consideration in the Senate 04-19-12 S Barrington files untimely amendment to restore title 04-19-12 S Title restored 04-19-12 S Passed/Adopted (Vote: Y: 38/N: 0)

HB 2978 - - - - - - -

Dank Mazzei

Requires tax credits to identify recipients, create jobs, and limits number of credits allowed to be claimed by one entity.

General Remarks:

Tax credit vehicle

Bill History:

04-03-12 S Meeting set for 10:30 a.m., Room 511A, State Capitol, Senate Finance 04-03-12 S Title stricken in committee Senate Finance 04-03-12 S Enacting clause struck in committee Senate Finance 04-03-12 S Voted from committee – Do Pass as substituted Senate Finance 04-23-12 S Set on the Senate Floor Agenda

SB 747 - - - - - - -

Brinkley McNiel

Raises the amount the Oklahoma Development Finance can issue to $200 million for the Economic Development Pool.

Bill History:

04-16-12 H Laid out for consideration in the House 04-16-12 H Reynolds debates in opposition to the measure; McNiel debates in favor of the measure. 04-16-12 H Failed to pass (Vote: N: 49/Y: 39) 04-16-12 H Held to reconsider by McNiel the vote by which the bill failed 04-18-12 H Reconsideration motion expired

SB 1159 - - - - - - -

Adelson Sears

Adds Oklahoma Capital Formation Act where needed; Requires a list for all dollars obtained by sale of tax credits from investee companies and from venture funds be made available to the financial community; EMERGENCY.

Bill History:

03-19-12 H Referred to House Committee on House A&B 04-11-12 H Meeting set for 3:00 p.m., Room 432A, State Capitol, House A&B 04-10-12 H Meeting set for 3:00 p.m., Room 432A, State Capitol, House A&B 04-10-12 H Voted from committee – Do Pass as substituted House A&B 04-23-12 H Set on the House Floor Agenda

SB 1230 - - - - - - -

Mazzei Dank

Makes it unlawful for a person to willfully sell, purchase, install, transfer, sell, or possess any automated sales suppression device, zapper, or phantom-ware; directs the Tax Commission to revoke the sales tax permit if found guilty.

Bill History:

03-28-12 H Enacting clause struck in committee House A&B 03-28-12 H Voted from committee – Do Pass as amended House A&B 04-04-12 H Set on the House Floor Agenda 04-04-12 H Laid out for consideration in the House 04-04-12 H Passed/Adopted (Vote: Y: 90/N: 0)

SB 1235 - - - - - - -

Mazzei Dank

Modifies definitions and provides dismissal from OK Quality Jobs Program Act if second payment claim is not filed within two years of the most recent claim; EMERGENCY.

Bill History:

03-28-12 H Enacting clause struck in committee House A&B 03-28-12 H Voted from committee – Do Pass as amended House A&B 04-04-12 H Set on the House Floor Agenda 04-04-12 H Laid out for consideration in the House 04-04-12 H Passed/Adopted (Vote: Y: 92/N: 0)

SB 1436 - - - - - - -

Mazzei Dank

Repeals sections of law related to franchise tax.

General Remarks:

Eliminates Franchise Tax

Bill History:

03-26-12 H Meeting set for 4:30 p.m., Room 412C, State Capitol, House A&B Sub on Revenue and Tax 03-26-12 H Voted from subcommittee-Do Pass House A&B Sub on Revenue and Tax 04-04-12 H Meeting set for 3:45 p.m., Room 432A, State Capitol, House A&B 04-04-12 H Enacting clause struck in committee House A&B 04-04-12 H Voted from committee – Do Pass House A&B

SB 1437 - - - - - - -

Mazzei Dank

Modifies income tax rates and brackets; Removes obsolete language.

Bill History:

03-16-12 H First Reading 03-22-12 H Referred to House Committee on House A&B 03-28-12 H Meeting set for 3:45 p.m., Room 432A, State Capitol, House A&B 03-28-12 H Enacting clause struck in committee House A&B 03-28-12 H Voted from committee – Do Pass as amended House A&B

SB 1464 - - - - - - -

Bingman McNiel

Adds definitions of certain areas to the Oklahoma Quality Jobs Program; EMERGENCY.

Bill History:

03-30-12 H Returned to full committee House A&B 04-04-12 H Meeting set for 3:45 p.m., Room 432A, State Capitol, House A&B 04-04-12 H Enacting clause struck in committee House A&B 04-04-12 H Voted from committee – Do Pass as amended House A&B 04-23-12 H Set on the House Floor Agenda

SB 1465 - - - - - - -

Bingman McNiel

Modifies requirements in the sales tax in regards to direct payment permits for tangible property stored in state temporarily for fabrication, repair, testing, alteration, maintenance or other services; EMERGENCY.

Bill History:

04-04-12 H Meeting set for 3:45 p.m., Room 432A, State Capitol, House A&B 04-04-12 H Heard in committee and laid over House A&B 04-11-12 H Meeting set for 3:00 p.m., Room 432A, State Capitol, House A&B 04-10-12 H Meeting set for 3:00 p.m., Room 432A, State Capitol, House A&B 04-10-12 H Voted from committee – Do Pass as substituted House A&B

SB 1571 - - - - - - -

Jolley Osborn

Modifies income tax rates as of January 1, 2012; Limits ability to claim credits, deductions, exemptions, or exclusions.

General Remarks:

Personal Income Tax (Laffer)

Bill History:

03-26-12 H Voted from subcommittee-Do Pass as amended House A&B Sub on Revenue and Tax 03-30-12 H Returned to full committee House A&B 04-04-12 H Meeting set for 3:45 p.m., Room 432A, State Capitol, House A&B 04-04-12 H Enacting clause struck in committee House A&B 04-04-12 H Voted from committee – Do Pass as substituted House A&B

SB 1623 - - - - - - -

Mazzei Dank

Phases out certain state income tax credits, exemptions, deductions, dividend exclusions and rebates by tax year 2014; Modifies computation of state taxable income; Removes obsolete language; EMERGENCY.

General Remarks:

Personal Income Tax proposal

Bill History:

03-14-12 H First Reading 03-19-12 H Referred to House Committee on House A&B 03-28-12 H Meeting set for 3:45 p.m., Room 432A, State Capitol, House A&B 03-28-12 H Enacting clause struck in committee House A&B 03-28-12 H Voted from committee – Do Pass as amended House A&B

SB 1828 - - - - - - -

Jolley Martin, Scott

Allows Department of Commerce to develop private-public partnership to further their mission.

Bill History:

04-16-12 H Laid out for consideration in the House 04-16-12 H Reynolds debates in opposition to the bill; Scott Martin debates in favor of the bill. 04-16-12 H Failed to pass (Vote: N: 49/Y: 40) 04-16-12 H Held to reconsider by Scott Martin the vote by which the bill failed. 04-18-12 H Reconsideration motion expired

SJR 52 - - - - - - -

Mazzei Dank

Sends to a vote of the people a measure exempting personal property from the ad valorem tax or any other tax in lieu of ad valorem.

General Remarks:

Intangible Tax issue

Bill History:

03-14-12 H Received in the House 03-14-12 H First Reading 03-19-12 H Referred to House Committee on House Rules 03-28-12 H Meeting set for 10:30 a.m., Room 412C, State Capitol, House Rules 03-28-12 H Voted from committee – Do Pass as amended House Rules

All Track Total Bills: 14 0

- End of Report -

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http://www.okaero.com/issues/2012/04/20/april-16-2012/ http://www.okaero.com/issues/2012/04/20/april-16-2012/#comments Fri, 20 Apr 2012 03:00:04 +0000 Mary http://www.okaero.com/?p=2440